2009-12-21 CC PacketA�Ibcrtviiic .
=�OTown Uvin �k. City of Albertville Council Agenda
9 �9 4
December 21, 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 December 7, 2009 Truth -in -Taxation minutes (pgs. 1-5)
B. Approve December 7, 2009 regular City Council minutes (pgs. 7-22)
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
0 8.E.1. Finance — Semi-monthly Payment of Claims (bills) (pgs.23-30)
8.E.2. Finance — Resolution Acknowledging Donation (pgs. 31-33)
8. DEPARTMENT BUSINESS
A. Fire Department
City of Albertville Council Agenda
December 21, 2009 Page 2 of 3
B. Public Works Department
C. Utilities Department (WWTP)
D. Building Department
E. Finance Department
1). 0 Authorize the Monday, December 21, 2009 Payment of Claims (bills) for
check numbers 027768 to 027832 and, Authorize payment of all just claims
received by December 31, 2009 (year-end closeout) (pgs. 23-30)
2). 0 Approve Resolution No. 2009-050 entitled a Resolution Acknowledging a
Donation from the J & B Group (pgs. 31-33)
F. City Clerk
G. City Council
1). Oral Update on the STMA Ice Arena Board meeting
2). Oral Update on the Planning and Zoning Commission meeting (cancelled)
3). Set either Tuesday, February 2, 2010 or Wednesday, February 10, 2010 as a Joint
City of Albertville and City of Otsego meeting
H. Planning and Zoning
I. Engineering
J. Legal
1). Authorize the expenditure of an additional $10,500 for appraisal work related to
the CSAH 19/I-94 benefit appraisals previously authorized (pgs. 35-36)
K. Administration
9. ANNOUNCEMENTS and or UPCOMING MEETINGS
December 2009
23 1:30 p.m. Christmas Day observed — City offices closing early
24 all day Christmas Day observed — City offices closed
28 6:00 p.m. Joint Powers Water Board meeting
31 all day New Year's Day observed — City offices closing early
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Meeting Date: December 21, 2009
City of Albertville Council Agenda
December 21, 2009 Page 3 of 3
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\12-21-09 (last one)\12 212009 1-A Agenda.doc
Meeting Date: December 21, 2009
bertvi Ile �lMayor and Council Communication
Small Town Uv1ng. 819 U[y Ufs.
December 16, 2009
SUBJECT: CITY COUNCIL MINUTES
RECOMMENDATION: It is respectfully requested that the Mayor and Council consider the following
motions:
Motion approve the Monday, December 7, 2009 Truth -in -Taxation 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, December 7, 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,
Lv
Larry R. ase
City Administrator
Department/Responsible Person: Administration/Bridget Miller, City Clerk
Attachments: December 7, 2009 Truth -in -Taxation minutes and December 7, 2009 regular Council minutes
M:\Public Data\Requests for Council Actions (RCA)\2009\12 212009 City Council minutes RCA.doc
Agenda Item No. 6•
Meeting Date December 21, 2009
A\1bertAlle
Small Town Uving. Big City Ufa.
ALBERTVILLE TRUTH -IN -TAXATION
DECEMBER 7, 2009
MINUTES
ALBERTVILLE CITY HALL
PLEDGE OF ALLEGIANCE — CALL TO ORDER
6:30 PM
The December 7, 2009 Truth -in -Taxation meeting was called to order at 6:30 p.m. by Mayor
Klecker.
ROLL CALL
PRESENT: Mayor Ron Klecker, Council members John Vetsch, Dan Wagner, Larry Sorensen,
and Tom Fay
OTHERS PRESENT: City Engineer Adam Nafstad, City Planner Al Brixius, Finance Director
Tina Lannes, City Administrator Larry Kruse.
ABSENT: City Clerk Bridget Miller
Mayor Klecker called on Finance Director Tina Lannes to make a presentation on the 2010
Budget and proposed Levy.
Finance Director Lannes gave a PowerPoint Presentation showing the following:
■ 2009 Budget was $3,105,896
■ 2010 Preliminary Budget $2,979,997
■ 4.05% budget decrease
■ Levy Increase 4.5% (due to loss of state aid and increased debt service CSAH 19)
Lannes went on to say the City has experienced a number of decreases in revenue as follows:
■ Loss of Market Value Credit of $141,000
■ Decreased Building Permit Fees of $52,321
■ Decreased Administrative fees of $16,378
■ Decreased Developer Fees of $35,000
■ Decrease in Fire Protection Services Contract Fees of $39,783
■ Decrease Interest Earnings $38,000
M:\Public Data\City Council\Council Minutes\2009 Minutes\Drafts\M 12-07-09 Special T&T Meeting (bm edits).doc
Agenda Item No. 6•
Meeting Date December 21, 2009
City of Albertville
City Council Minutes
December 7, 2009
Page 2 of 3
Lannes reported the City has used a one-time $97,000 of Municipal State Aid (MSA) funds for
roads to provide some relief in the City's debt service, as CSAH 19 South Improvement begins
to impact the levy by another $150,000.
Finance Director Lannes stated the City's fund reserves are below what the State Auditor
recommends and acknowledged the difficulty in growing those funds during these challenging
times.
City Administrator Kruse stated expenses have been reduced substantially for the past several
years. In 2010, the City's wages are frozen, and some capital maintenance is being postponed.
Although building is down, more attention is now dedicated toward housing maintenance, rental
licensing and code enforcement. Vacant properties in foreclosure need to be managed to make
sure neighborhoods don't deteriorate. Kruse said the Council is aware that the proposed levy is
below what is really needed, but politically, it is the only acceptable option.
Kruse shared information from Wright County showing that residential properties decreased in
value slightly over 10 percent, whereas commercial property only went down a fraction of one
percent. The result you will see is a shift of the cost burden of government from residential to
commercial. Perhaps next year the trend will reverse when there are more commercial sales and
those values adjust.
In summary Kruse stated the General Fund was cut by 4.5% and City's increase is largely due to
loss of revenue including state aid and added debt coming on the City from the CSAH 19
Project.
Mayor Klecker opened the Hearing for public comments:
Mike Savitski, owner of commercial property on CSAH 37 spoke to the City Council about how
difficult business was for him. He said that he had four vacancies and knew of others in town
and now an 8.5% increase in his property taxes. Mr. Savitski questioned the City's lack of cuts
and layoffs saying much more could be done.
Bob Fueling, owner of Westside Liquor and renter from Mike Savitski also commented on how
difficult the economy is and the need for restraint in spending and the need to help business.
Steve Holstad, owner of Holstad Barber Shop, who also rents from Mike Savitski commented
that he can not afford an increase in property taxes, as Mr. Savitski passes those cost onto the
renters.
Mayor Klecker thanked those in attendance and assured them that the City has been and will in
the future scrutinize our operations and do what is best for all for the long run.
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Agenda Item No. 6.
Meeting Date December 21, 2009
21
City of Albertville
City Council Minutes
December 7, 2009
Page 3 of 3
ADJOURNMENT
MOTION BY Council member Wagner, seconded by Council member Fay to adjourn the
Monday, December 7, 2009 Truth -in -Taxation meeting at 6:55 p.m. Motion carried
unanimously.
Larry R. Kruse, City Administrator (recording secretary)
M:\Public Data\City Council\Council Minutes\2009 Minutes\Drafts\M 12-07-09 Special T&T Meeting (bm edits).doc
Agenda Item No. 6•
Meeting Date December 21, 2009
A,lbertville
Small Town Uving. Big City Ufa.
ALBERTVILLE CITY COUNCIL
DECEMBER 7, 2009
MINUTES
ALBERTVILLE CITY HALL
PLEDGE OF ALLEGIANCE — CALL TO ORDER
7:00 PM
The December 7, 2009 regular City Council meeting was called to order at 7:00 p.m. by Mayor
Klecker who led the members 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 Engineer Adam Nafstad, City Planner Al Brixius, City Attorney
Mike Couri, Finance Director Tina Lannes, City Administrator Larry Kruse
ABSENT: City Clerk Bridget Miller
RECOGNITIONS — PRESENTATIONS — INTRODUCTIONS — no comments
MINUTES
November 10, 2009 regular City Council minutes
MOTION BY Council member Vetsch, seconded by Council member Sorensen to approve the
Monday, November 10 , 2009 Special City Council minutes as presented, that will be printed
and signed; following signing the minutes will be scanned and the electronic scanned version
will be kept on file in the office of the City Clerk that will serve as the official copy. Motion
carried unanimously.
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Agenda Item No. 6.
Meeting Date December 21, 2009
City of Albertville
City Council Minutes
December 7, 2009
Page 2 of 16
November 16, 2009 regular City Council minutes
MOTION BY Council member Sorensen, seconded by Council member Fay to approve the
Monday, November 16th , 2009 Special City Council minutes as presented, that will be printed
and signed; following signing the minutes will be scanned and the electronic scanned version
will be kept on file in the office of the City Clerk that will serve as the official copy. Motion
carried unanimously.
CITIZEN FORUM
None
AMENDMENTS TO THE AGENDA
The following amendments were made to the agenda:
Closed Session — City Attorney Mike Couri requested to add a closed Council session to discuss
the Lamar Billboard litigation following the end of tonight's meeting.
MOTION BY Council member Sorensen, seconded by Council member Vetsch to approve the
Monday, December 7, 2009 regular City Council agenda adding a closed meeting following
tonight's regular business to discuss Lamar Billboard litigation. Motion carried unanimously.
CONSENT AGENDA
CONSENT AGENDA
All items with an asterisk (0) 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 that are: 8.B.1 Public Works — Accept
Resignation from Laura Kastner from the Parks Committee 8.B.2. Pubic Works — Appoint Andy
Swanson to the Park Committee; 8.E.1. Finance — Approve Semi-monthly Payment of Claims
(bills); 8.E.2; Finance — Approve a Resolution accepting STMA Youth Baseball $500 Donation
8.E.3. Finance — Adopt a Resolution Setting Various Fees; 8.F.1. City Clerk — Approve a
Resolution Setting 2010 Official Holidays.
MOTION BY Council member Wagner, seconded by Council member Fay to approve the
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Agenda Item NA.
Meeting Date December 21, 2009
City of Albertville
City Council Minutes
December 7, 2009
Page 3 of 16
December 7, 2009 Consent Agenda that includes the three (3) following items: 8.B.1 Public
Works — Accept Resignation from Laura Kastner from the Parks Committee with regrets 8.B.2.
Pubic Works — Appoint Andy Swanson to the Parks Committee; 8.E.1. Finance — Approve
Semi-monthly Payment of Claims (bills); and removing the following three (3) items from the
Consent Agenda: 8.E.2. Finance — Resolution accepting STMA Youth Baseball $500 Donation
8.E.3. Finance — Resolution Setting Various Fees; 8.F.1. City Clerk — Resolution Setting 2010
Official Holidays, which will be discussed during the general order of business and a separate
motion will be made. Motion carried unanimously.
DEPARTMENT BUSINESS
FIRE DEPARTMENT — none
PUBLIC WORKS DEPARTMENT —
Accept Lauren Kastners' resignation from the Parks and Recreation Committee
MOTION BY Council member Wagner, seconded by Council member Fay to accept with
regrets Lauren Kastner's resignation from the Parks and Recreation Committee effective
December 2009.
Appoint Andy Swanson to serve on the Parks and Recreation Committee
MOTION BY Council member Wagner, seconded by Council member Fay to accept the Parks
and Recreation Committee's recommendation to appoint Andy Swanson who resides at 10503
64th Lane NE in Albertville to fill the vacancy on the Albertville Parks and Recreation
Committee position previous held by Lauren Kastner effective December 2009.
UTILITIES DEPARTMENT (WWTP) — none
BUILDING DEPARTMENT
Accept the Building Official's Report dated December 2, 2009
Council accepted the Building Officials Report dated December 2, 2009 as presented.
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Agenda Item No. 6•
Meeting Date December 21, 2009
City of Albertville
City Council Minutes
December 7, 2009
Page 4 of 16
FINANCE DEPARTMENT
&Authorize the Monday, December 8, 2009 Payment of Claims (bills) for check numbers
027711 to 027765
MOTION BY Council member Sorensen, seconded by Mayor Klecker to approve the Monday,
December 7, 2009 Payment of Claims (bills) for check numbers 027711 to 027765 as presented
except the bills specifically pulled, which are passed by separate motion. Motion carried
unanimously.
Approve Resolution No. 2009-045 entitled a Resolution Acknowledging Donation from the
STMA Youth Baseball.
Council member Wagner pulled this item from the Consent Agenda wanting to know more about
the $500 donation, wondering if it was dedicated towards anything specific. City Administrator
Kruse stated the money was a check lost last year and recently found by the Youth Baseball
Association. The money is not dedicated towards anything specific, and funds will be used to
fund the maintenance of the fields. Wagner asked if Finance Director Lannes could report back
with ball field maintenance cost as he is curious about how much is spent on this. Lannes agreed
to bring back those amounts. Kruse reported the Association is finalizing their 2009 year end and
anticipates making similar donation for 2009.
MOTION BY Council member Vetsch, seconded by Fay to adopt Resolution Number 2009-45
entitled A resolution acknowledging a $500 donation from STMA Youth Baseball Organization
for 2008. Motion carried unanimously.
Approve Resolution No. 2009-046 entitled a Resolution Setting Various Fees for Services
A list of fees and charges for municipal services was presented to the City Council. Other than a
Utility increase, no other fees have been increased.
MOTION BY Council Member Wagner, seconded by Council member Fay to approve
Resolution No. 2009-046 entitled a Resolution Setting Various fees for Services. Motion carried
unanimously.
Mayor Klecker stated the required Public Hearing on the budget and levy was completed and
asked for other comments. Hearing none asked for a motion on the 2010 Final Budget and
Levy.
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Agenda Item No. 6.
Meeting Date December 21, 2009
10
City of Albertville
City Council Minutes
December 7, 2009
Page 5 of 16
2010 FINAL B UDGET
MOTION BY Council member Wagner, seconded by Council member Sorensen to approve a
resolution entitled A Resolution Adopting the 2010 Final Budget in the amount of $2,979,997 as
on file in the office of the City Clerk. Motion carried with Council member Vetsch voting nay.
2010 FINAL LEVY
MOTION BY Council member Wagner, seconded by Council member Sorensen to approve a
resolution entitled A Resolution Adopting the 2009 Final Property Tax Levy, taxes payable
2010, in the amount of $2,939,755. Motion carried with Council member Vetsch voting nay.
CITY CLERK
2010 OFFICIAL HOLIDAY SCHEDULE
The Council reviewed the 2010 Holiday schedule. Council member Vetsch questioned the 10
hour Holiday schedule and requested a further explanation. City Administrator Kruse stated
employees working four (4) 10-hour day workweeks will now get 10 hours of holiday instead of
the normal 8 hour holiday; however, those employees will get two (2) fewer holidays. Columbus
Day and the Day after Thanksgiving are now allocated to the other holidays. Kruse stated the
total number of holiday hours has not changed.
MOTION BY Council member Wagner, seconded by Council member Fay to approve a
resolution entitled A Resolution Setting the 2010 Official Holidays Observed. Motion carried
unanimously.
CITY COUNCIL
JOINT WATER BOARD REPORT
Mayor Klecker and Tom Fay reported things are going well at Joint Powers. They mentioned
one unhappy customer challenged his water useage. Staff investigated and reported the useage
appeared to be accurate. The Board stated the bill must be paid or assessed to the residence.
FIRE DEPARTMENT
Council member Sorensen and Fire Department liaison reported things are going well at the fire
department and complimented the Department for their recent actions regarding a severe car
accident on CSAH 35. St. Michael fire department members made a big deal about what a good
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Agenda Item No. 6.
Meeting Date December 21, 2009
11
City of Albertville
City Council Minutes
December 7, 2009
Page 6 of 16
job Albertville did assisting at the scene. Sorensen stated he appreciates their efforts and wanted
to share that story with the Council and public.
CITY COUNCIL MINUTES
Council member Sorensen commented that the minutes seem to have gotten more generic lately
and requested going back to how they were done a while back. City Administrator Kruse said
there was no intent to change, and Staff will make an effort to include Council comments, etc.
DECEMBER 21 ST CO UNCIL MEETING
At the last meeting it was suggested to cancel the December 21s' meeting. It was the consensus
of the Council to meet on December 21St and keep it a short meeting.
PLANNING AND ZONING
Adopt Ordinance No. 2009-025 entitled an Ordinance Placing a Moratorium on Tattoo
Parlors
At the Council's request from the previous meeting, City Planner Alan Brixius presented to the
Council an Ordinance placing a moratorium on Tattoo Parlors/Body Piercing within the City as
follows:
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
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Agenda Item No. 6.
Meeting Date December 21, 2009
12
City of Albertville
City Council Minutes
December 7, 2009
Page 7 of 16
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.
MOTION BY Mayor Klecker, seconded by Council member Fay to adopt Ordinance No. 2009-
025 entitled an Ordinance Establishing a Moratorium on Tattoo Parlors/Body Piercing within the
City of Albertville. Motion carried unanimously.
ENGINEERING
1-94 Collector Distributor and CSAH 19 Project Review
City Engineer Nafstad presented a revised project development schedule and implementation
flow chart for the first phase of the I-94 Improvement and the CSAH 19 North project. Nafstad
reported that the revised schedule is needed to account for the additional time needed by the
appraisers and staff to thoroughly prepare the assessment or benefit appraisals, also because the
acquisition appraisals of the land needed for stormwater ponds from Lamar is taking longer than
expected.. Nafstad said staff felt that the revised schedule would provide for additional QA and
QC of the appraisals by the appraiser and staff. From the recent experience litigating CSAH 19
South Improvements, staff recommends making sure the appraiser has adequate time to do a
thorough job on his assignment. Further, the original schedule to complete the project was very
tight. Staff is proposing that the City Council consider a two year construction schedule, with
interim completion dates in 2010 and final completion in the fall of 2011 whereby the Contractor
would have the ability to 1) apply a lot of resources and get the project completed in shortened
period of time, 2) or phase the project and finish by the required 2011 completion date. Allowing
two years to complete the project will not cause any more disruption to I-94 traffic or our
businesses.
Further, revising the schedule, will give staff more time to meet with the County and our
affected businesses and garner their support for the project. The proposed schedule has a number
of stopping points in it where if for a number of reasons the Council wants to stop or delay the
project they may do so. For example, if bids come in too high, the project can be rebid and still
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Agenda Item No. 6•
Meeting Date December 21, 2009
13
City of Albertville
City Council Minutes
December 7, 2009
Page 8 of 16
maintain a similar schedule. Nafstad said the revised schedule also allows for additional council
meeting opportunities to discuss the project and to finalize the finance plan.
Nafstad reported the project is complex and not everything is in our control. Working with other
agencies such as the State can cause delays beyond our control. The proposed schedule will
better accommodate those potential delays and yet keep us on track.
CSAH 19 Bolton and Menk Engineering Proposal for Construction Plans
City Engineer Nafstad presented the Council with a proposal to complete the construction plans
for CSAH 19. The general scope of this project includes reconstruction of CSAH 19 between
the Outlet Mall intersection and 70ffi Street from a two lane to a four lane divided highway. The
project also includes a transition to a two lane in the City of Otsego. Bolton and Menk proposes
to complete the design on an hourly basis not to exceed $121,500.
MOTION BY Council member Wagner, seconded by Council member Sorensen approving
Bolton and Menk completing the Final Design of CSAH 19 North of the Outlet Mall through
70th Street at a cost not to exceed $121,500. Motion carried with Council member Vetsch voting
nay.
LEGAL
Approve a Joint Agreement between the City of Albertville and St. Michael entitled Agreement
for Construction and Maintenance of a New Branch Library.
City Attorney Couri reviewed the Agreement stating St. Michael is building a New Library
Building in conjunction with there City Hall and Senior Center. 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 that ultimately puts forward 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.
City Attorney Couri reviewed the following aspects of the agreement:
• Fairness in distribution of operating expenses and bond payments is handled by annually
allocating costs based on the population and market value as it changes each year.
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Agenda Item No. 6.
Meeting Date December 21, 2009
14
City of Albertville
City Council Minutes
December 7, 2009
Page 9 of 16
• 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 such that Albertville will be responsible for its
share of the bond payments over the life of the bond, but can opt out of the maintenance
obligations with a one year notice. However, if Albertville opts out of the maintenance
obligations, St. Michael will not have to pay Albertville back its share of the building
cost if it is no longer used as a library.
• 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.
• Albertville's participation will be recognized on the library's sign.
City Attorney Couri stated he had not yet learned from the City of St. Michael if Bond Council
would consider this not to be a debt instrument. Couri advised the Council that he would
recommend that be a condition of approval.
Council member Vetch inquired as to what the name of the library would be. City Administrator
Kruse stated the exact name is not certain; however, it was reported that the two and or three
Cities would be given equal representation in the name.
MOTION BY Council member Vetsch, seconded by Council member Sorensen to approve the
Joint Agreement between the City of Albertville and City of St. Michael entitled Agreement for
Construction and Maintenance of a New Branch Library as on file in the Office of the City Clerk
subject to obtaining a positive opinion from the City's Bond Council that the Agreement
complies with state statutes regarding debt obligations; further, conditioned on the City of St.
Michael's approval of this Agreement; further, that the City of Albertville be given equal
recognition as St. Michael in the name of the Library if any city's name is included in the
library's name. Motion carried unanimously.
Full Moon Saloon Neighborhood Complaints
City Attorney Couri reported back on the Council request that he prepare a report on the
complaints recently received against the operations of the Full Moon Saloon. Couri
stated that since August 2009, the Wright County Sheriff's Office has received 25 calls
to the Full Moon. There have been six (6) calls for noise complaints, six (6) calls for
fights, six (6) calls for disorderly/drunk/unwanted persons, two (2) calls for property
damage, one (1) for indecent exposure, and four (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.
M:\Public Data\City Council\Council Minutes\2009 MinuteAM 12-07-09 Approved.doc
Agenda Item No. 6.
Meeting Date December 21, 2009
W
City of Albertville
City Council Minutes
December 7, 2009
Page 10 of 16
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 the City Attorney and 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
II. DRINKING ON DECK/OUTSIDE OF BAR
There have been complaints that patrons of the Full Moon Saloon have been drinking
(consuming alcohol) outside on the deck. Diane Shettel, a neighbor, indicated that there are
often people out on the deck behind the Full Moon Saloon smoking and drinking. She
reported that at times there have been crowds of up to 30 people. A complaint to the Sheriff
on October 24, 2009 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, unless the compact and
contiguous space is clearly noted on the liquor application. Albertville City Code 4-1-9
(Person and Premises Licensed; Transfer of License) reiterates the same standards. The
City has the authority to permit the Full Moon Saloon to allow drinking on the deck but only
if it is included in the Full Moon Saloon's liquor license, which the City Clerk sent written
notification to the owner twice explaining the compact and contiguous outdoor space.
When the owner/applicant turned in their application the City Clerk specifically asked the
owner in person if he had any outdoor compact and contiguous space to include, in which
the informed the Clerk "no". At this point it has still not been included.
The outdoor space behind the Full Moon Saloon is not included in its liquor license;
therefore, any alcohol sale there is a violation of the license. For any violation of an
ordinance relating to alcoholic beverages, Albertville City Code 4-1-15 (Suspension or
M:\Public Data\City Council\Council Minutes\2009 Minutes\M 12-07-09 Approved.doc
Agenda Item No. 6•
Meeting Date December 21, 2009
16
City of Albertville
City Council Minutes
December 7, 2009
Page 11 of 16
Revocation of License; Civil Fine) Section A allows the Council to impose a fine of up to
$2,000, suspend the license for up to sixty (60) days, or revoke the license. However,
because the Full Moon Saloon also has an "Off -Sale" liquor license, it is unclear whether
our ordinance prohibits customers from purchasing alcohol inside the bar and taking it
outside to drink. This may be difficult to show a violation of the City's ordinance given the
current language of the ordinance.
III. URINATING/THROWING BEER BOTTLES OFF OF DECK
Residents have also complained that patrons of the Full Moon Saloon have been urinating
off of the deck and have been throwing things including beer bottles off of the deck and
onto nearby residential property.
Though these issues are not covered under the liquor license ordinance, they can be dealt
with as public nuisances under Title 5; Chapter 1 of the Albertville Code. The urinating
could be addressed under Albertville City Code 5-1-3 (Public Nuisances Affecting Health)
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 City Code 5-1-5
(Public Nuisances Affecting Peace and Safety) Section J for junk accumulations, Section O
for throwing dangerous objects on public ways (if the streets and sidewalks are affected by
the thrown bottles), or Section 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 Saloon. If the nuisance ordinance is used,
Albertville City Code 5-1-13 (Violation; Penalties; Remedies) allows it to be enforced
through an 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 Saloon. Most complaints
have been in connection with loud music, especially the Full Moon Saloon 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 six (6)
noise complaints filed with the Sheriff's Office. In several of the complaints, dated October
10, 2009 and November 7, 2009 the responding officer specifically noted that the music was
excessively loud. In the complaint dated November 7, 2009, 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.
M:\Public Data\City Council\Council Minutes\2009 Minutes\M 12-07-09 Approved.doc
Agenda Item No. 6•
Meeting Date December 21, 2009
17
City of Albertville
City Council Minutes
December 7, 2009
Page 12 of 16
Albertville City Code 4-1-11 (Conditions of License), 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 (Suspension
or Revocation of License; Civil Fine) Section A allows the Council to impose a fine of up to
$2,000, suspend the license for up to sixty (60) days, or revoke the license.
The other noise complaints are best dealt with under the Albertville City Code 5-5-1 (Public
Nuisances Affecting Peace and Safety) prohibits noises that unreasonably annoy or disturb
others. Further, under City Code 5-5-4 (Public Nuisances Affecting Morals and Decency)
the Full Moon Saloon can be held accountable for any noise violations. It is also noted
under Albertville City Code 5-5-4 (Public Nuisances Affecting Morals and Decency) states
that any violation of 5-5-1 (Public Nuisances Affecting Peace and Safety) 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 Saloon.
V. CHIPPENDALE DANCERS
The other main complaint against the Full Moon Saloon is that there were Chippendale
Dancers there on Sunday, November 8, 2009. 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 Saloon when the Chippendale Dancers
were present. Without an eye -witness account, the City would have no basis for
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
City Code 4-1-11 (Conditions of License) prohibits Nudity and Sexual Conduct in any
premises licensed for "On -Sale" liquor.
If the actions of the Chippendale Dancers constitute Nudity or Sexual Conduct, Albertville
City Code 4-1-11 (Conditions of License) Section 2 allows the City to suspend or revoke the
Full Moon Saloon'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
Saloon.
M:\Public Data\City Council\Council Minutes\2009 Minutes\M 12-07-09 Approved.doc
Agenda Item No. 6.
Meeting Date December 21, 2009
W.
City of Albertville
City Council Minutes
December 7, 2009
Page 13 of 16
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 Saloon report activity that can be addressed
by the City. In general, pursuant to Minn. Stat. 340A.415 and Albertville City Code 4-1-15
(Suspension or Revocation of License; Civil Fine), 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, the City Attorney recommends
sending the matter to the Office of Administrative 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 nature continue to
occur, and fines are typically employed for first or second minor offenses.
The City Attorney anticipates 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, he does not recommend bringing this
issue to a hearing unless actual evidence in the form of eyewitness testimony or photographs
come forward. If the City wants to pursue this, Couri recommended setting a hearing date
and inviting the Owners of the Full Moon Saloon to present their side.
To complicate things more, the Full Moon Saloon has presented an unsigned agreement
between it and the bank stating that the property will be taken back by the Bank on
Wednesday, January 7, 2010.
Mayor Klecker opened the floor up for public comment.
A number of neighbors including Kurt Neidermeier, Diane Shettel expressed concern about a
plethora of problems including noise, vandalism and general disturbance to the neighborhood.
Shettel stated the complaints are not just on any one night of the week, but all nights.
MOTION BY Council member Vetsch, seconded by Council member Fay to direct the City
Attorney to send the owners of the Full Moon Saloon notice of the noise violation and schedule
a hearing on the matter for Tuesday, January 19, 2010 at the regular City Council meeting. If the
M:\Public Data\City Council\Council Minutes\2009 Minutes\M 12-07-09 Approved.doc
Agenda Item No. 6.
Meeting Date December 21, 2009
19
City of Albertville
City Council Minutes
December 7, 2009
Page 14 of 16
bank has taken over ownership of the Full Moon Saloon property as of January 7th and the
current owners are no longer involved in the operation after January 7th until the date of the
hearing, then the hearing will be cancelled. Motion carried unanimously.
Liquor Related Ordinances
City Attorney Couri presented a number of liquor licensing related ordinances in response to
some of the problems the City is experiencing in neighborhoods where bars and neighboring
residents are having problems. Problems 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.
It was the consensus of the Council to host a workshop after the first of the year to discuss this
more with the liquor license holders in the City. The neighbors in attendance suggested they too
be invited to attend. Staff will schedule this for a workshop in 2010.
ADMINISTRATION
Community Cabinet/Bulletin Board in the City Hall Lobby
City Administrator Kruse reviewed the Request for Council Action stating donated funds are
recommended to purchase a 4' x 8'glassed cabinet and two bulleting boards 3' x 4' on each end
to be used by the City and non-profit organization to display items of interest.
Mayor Klecker expressed concern that the cabinet would not enhance the appearance of the City
Hall, saying bulletin boards can look cluttered and fourteen feet is too much. Council member
Vetsch wondered why the need to spend so much money when everything is going wireless and
can be displayed on the internet. Council member Wagner wondered if the money could just not
be spent and used to reduce taxes, as finances are so difficult. Wagner expressed concern that it
may collect business cards and the like. Fay questioned if they could just install the glassed
cabinet and not the billboards, as that would eliminate unwanted items. Kruse stated he thought
the glass cabinet may already have been constructed. After much discussion, the Council agreed
to allow the glassed cabinet, but decided against the bulletin boards as follows:
M:\Public Data\City Council\Council Minutes\2009 Minutes\M 12-07-09 Approved.doc
Agenda Item No. 6.
Meeting Date December 21, 2009
20
City of Albertville
City Council Minutes
December 7, 2009
Page 15 of 16
MOTION BY Council member Fay, seconded by Mayor Klecker to approve spending
approximately $1,600 of donated funds to purchase and install a 4' x 8' glassed in
cabinetibillboard 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 manage the display. Items are to be installed and rotated by staff
on monthly or bi-monthly bases as necessary giving all organizations equal opportunity. Motion
carried unanimously.
Accept the City Administrator's Written Report dated December 4, 2009
Council accepted the City Administrator's written report dated December 4, 2009 as presented.
ANNOUNCEMENTS and or UPCOMING MEETINGS
Mayor Klecker acknowledged the upcoming meetings and calendar of events, noting that the
Joint Powers Water Board meeting for December should be changed from the 26ffi to the 28th.
December 2009
8
7:00 p.m.
Planning and Zoning Commission meeting
14
6:00 p.m.
STMA Ice Arena Board meeting
21
6:30 p.m.
Truth -in -Taxation Hearing (if necessary)
21
7:00 p.m.
City Council meeting
23
1:30 p.m.
Christmas Day observed — City offices closing early
24
all day
Christmas Day observed — City offices closed
26
6:00 p.m.
Joint Powers Water Board meeting
26
7:00 p.m.
Committee of the Whole Workshop (cancelled)
31
1:30 p.m.
New Year's Day observed — City offices closing early
MOTION TO CLOSE THE REGULAR CITY COUNCIL MEETING TO GO INTO A
CLOSED SESSION (allow 5 minutes to clear Council Chamber)
MOTION BY Council member Sorensen, seconded by Council member Fay to close the
December 7, 2009 regular City Council meeting at 9:20 p.m. to go into a closed session to
discuss pending litigation regarding the Lamar Billboard — Lamar vs. City of Albertville case, in
which the City Attorney will update the City Council on the status of the case.
MOTION TO RECONVENE THE REGULAR CITY COUNCIL MEETING
MOTION BY Council member Vetsch, seconded by Council member Sorensen to reconvene
the Monday, December 7, 2009 regular City Council meeting at 10:00 p.m.
M:\Public Data\City Council\Council Minutes\2009 Minutes\M 12-07-09 Approved.doc
Agenda Item No. 6.
Meeting Date December 21, 2009
21
City of Albertville
City Council Minutes
December 7, 2009
Page 16 of 16
MOTION IF NECESSARY TO TAKE ACTION ON CLOSED SESSION DISCUSSION
No Action necessary or taken
ADJOURNMENT
MOTION BY Council member Wagner, seconded by Council member Fay to adjourn the
Monday, December 7, 2009 regular City Council meeting at 10:05 p.m. Motion carried
unanimously.
Larry R. Kruse, City Administrator (recoding secretary)
MAPublic Data\City Council\Council Minutes\2009 Minutes\M 12-07-09 Approved.doc
Agenda Item No. 6.
Meeting Date December 21, 2009
22
.A\1bcrtvi11 c Mayor and Council Communication
S' 11 Town UWn9. 819 My W..
December 17, 2009
SUBJECT: 0 FINANCE DEPARTMENT — PAYMENT OF BILLS
RECOMMENDATION: It is respectfully requested that the Mayor and Council consider the
following motion:
Motion authorizing the Monday, December 21, 2009 payment of the claims that includes check
numbers 027768 to 027832 as presented except the bills specifically pulled, which are passed by
separate motion.
Motion authorizing the payment of all just claims received by December 31, 2009, which would
be the year-end closeout of payments of claims.
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
approval.
KEY ISSUES:
Check No. 27768 Fire Relief Assoc — Fire State Aid we received $32,945 so paid the fire
relief that amount
Check No. 27779 City of St. Michael — Annual Storm water pond payment per agreement
POLICY/PRACTICES CONSIDERATIONS: It is the City's policy to review and approve
payables on a semi-monthly basis.
FINANCIAL CONSIDERATIONS: City staff has reviewed and recommends approval of
payments presented.
LEGAL CONSIDERATIONS: The Mayor and Council have the authority to approve all bills
pursuant to Minnesota State Law, which requires all bills to be paid in a timely manner,
generally within 30 days unless one party determines disputes the billing.
Respectfully submitted,
Larry R.
City Administrator
Department/Responsible Person: Finance/Tina Lannes, Finance Director
Attachments: Check Register Detail, Bolton & Menk payment request
M:\Public Data\Requests for Council Actions (RCA)\2009\12 212009 Finance Bills Report (RCA).doc
Agenda Item No. 8.E.1.
Meeting Date December 21, 2009
A,lbertville
Small Town Uving. 819 City Ufa.
Check Detail Register
December 21, 2009
Check Amt Invoice Comment
10100 Premier Bank
Paid Chk# 027768 12/21/2009 ALBERTVILLE FIRE RELIEF ASSOC.
E 101-42000-124 Fire Pension Contributions $32,945.00 1209 Fire State Aid
Total ALBERTVILLE FIRE RELIEF ASSOC. $32,945.00
Paid Chk# 027769 12/21/2009 ALEX AIR APPARATUS
E 101-42000-404 Repair/Maint - Machinery/Equip $914.13 17220 Hurst Tools
Total ALEX AIR APPARATUS $914.13
Paid Chk# 027770 12/21/2009 ALL STAR CHEMICAL CORP
E 101-42000-200 Office Supplies (GENERAL) $488.66 18334 Orange Squirt Concentrate Vehicle Wash
Total ALL STAR CHEMICAL CORP $488.66
Paid Chk# 027771 12/21/2009 APPOLLO SYSTEMS - COMMERCIAL D
E 101-45100-405 Repair/Maint -Buildings $20.31 97050 Pks monitoring
Total APPOLLO SYSTEMS - COMMERCIAL D $20.31
Paid Chk# 027772 12/21/2009 ARAMARK UNIFORM SERVICES
E 601-49450-417
Uniform Rentals
$9.93 529-6880699
Uniforms Wtr
E 101-45100-417
Uniform Rentals
$9.93 629-6880699
Unforrms Pks
E 602-49400-417
Uniform Rentals
$9.93 629-6880699
Uniforms Swr
E 101-43100-417
Uniform Rentals
$9.94 629-6880699
Uniforms PW
Total
ARAMARK UNIFORM SERVICES
$39.73
Paid Chk# 027773
12/21/2009 ATHLETICA
R 101-00000-36200 Donations
$4,664.56 SO-17500-1
New Hockey Rink
Total ATHLETICA
$4,664.56
Paid Chk# 027774 12/21/2009 BOLTON &MENK, INC
G 101-22825 Hunters Pass Escrow
$950.00
0129076
Hunter's Pass -Plan & Plat
E 101-41710-303
Engineering
Fees
$332.50
0129077
Towne Lakes Lakess 6th Addition
E 493-49000-303
Engineering
Fees
$475.00
0129079
Professional Services
E 101-41710-303
Engineering
Fees
$237.50
0129080
Towne Lakes 5th Addition
E 501-49000-303
Engineering
Fees
$1,567.50
0129081
CSAH 37 Utility Kxtension
E 464-49000-303
Engineering
Fees
$760.00
0129082
Albervile/CSAH 19 & 50th St. (CSAH 18)
E 101-41700-303
Engineering
Fees
$380.00
0129082
2009 Municipal State Aid Sys
E 101-41710-303
Engineering
Fees
$4,557.50
0129083
Trunk Watermain Improve
E 101-41700-303
Engineering
Fees
$1,045.00
0129084
Misc Eng Tasks
E 101-41700-303
Engineering
Fees
$760.00
0129084
STMA Arena
E 101-41700-303
Engineering
Fees
$47.50
0129084
Project Updates
E 468-49000-303
Engineering
Fees
$5,295.00
0129084
194 WB CD Road
E 468-49000-303
Engineering
Fees
$760.00
0129084
Funding Applications
E 101-41700-303
Engineering
Fees
$1,472.50
0129084
Staff Meetings
Total BOLTON & MENK, INC
$18,640.00
Paid Chk# 027775
12/21/2009
BUSINESS FORMS &
ACCOUNTING
E 101-41400-200
Office Supplies
(GENERAL)
$227.00
41401
82632 W2 - Laser
Total BUSINESS FORMS & ACCOUNTING
$227.00
Paid Chk# 027776
12/21/2009
CENTER POINT ENERGY
E 468-49000-300
Professional
Srvs (GENERAL)
$900.00
40000766913
194
E 101-41940-383
Gas Utilities
$63.05
536150351109 5975 main
E 601-49450-383
Gas Utilities
$304.53
540757421109 11728 62nd
E 101-43100-383
Gas Utilities
$267.27
54214422109
11822 62nd
E 101-41940-383
Gas Utilities
$1,491.83
675996391109 5959 Main Ave
E 101-45100-383
Gas Utilities
$6.86
8000014425-
5801 Lander Ave
M:\Public Data\City Council\Council Packet information\2009\12-21-09 (last one)\12 212009 Finance Bills Posted Batch.doc
Agenda Item No. 8.E.1.
Meeting Date December 21, 2009
Mayor and Council Communication - December 16, 2009
Finance - Payment of Claims
Page 2 of 7
Check Amt Invoice Comment
10100 Premier Bank
Paid Chk# 027776 (cont.) 12/21/2009 CENTER POINT ENERGY
E 101-42000-383 Gas Utilities $366.86 8000014425- 11350 57th St
E 101-41940-383 Gas Utilities $98.06 8000014425- 5954 Main Ave
Total CENTER POINT ENERGY $3,498.46
Paid Chk# 027777 12/21/2009 CHARTER COMMUNICATIONS
E 101-42000-321 Telephone $11.25 12-10-09 Charter Services
Total CHARTER COMMUNICATIONS $11.25
Paid Chk# 027778 12/21/2009 CITY OF MONTICELLO
E 101-42700-309 Animal Control Contract $288.56 0006127 Animal Control Service
Total CITY OF MONTICELLO $288.56
Paid Chk# 027779 12/21/2009 CITY OF ST. MICHAEL
E 604-49960-300 Professional Srvs (GENERAL) $10,000.00 2010 Storm Water Pond Annual Payment
Total CITY OF ST. MICHAEL $10,000.00
Paid Chk# 027780 12/21/2009 COURI & MACARTHUR RUPPE, PLLP
E 494-49000-304
Legal Fees
$300.00 1209
CSAH 19 Assessment Appeal-PSYK
E 101-41600-304
Legal Fees
$375.00 1209
Liquor
E 468-49000-304
Legal Fees
$12,092.50 1209
1-94 Ramps
E 101-41610-304
Legal Fees
$255.00 1209
Albertville Marketplace
E 439-49000-304
Legal Fees
$37.50 1209
Highway 19 North
E 473-49000-304
Legal Fees
$42.50 1209
Prairie Run Improvements
E 101-41610-304
Legal Fees
$862.50 1209
Towne Lakes 6
E 494-49000-304
Legal Fees
$187.50 1209
CSAH 19 Assessment Appeal
E 101-41600-304
Legal Fees
$3,083.50 1209
agenda, packets, ordinance, etc
E 101-41610-304
Legal Fees
$170.00 1209
Niemeyer Trailer Sales
E 502-49000-304
Legal Fees
$75.00 1209
Niemeyer Truck Sales
E 502-49000-304
Legal Fees
$187.50 1209
CSAH 37 Utilities
E 101-41610-304
Legal Fees
$42.50 1209
Parkside Commercial
E 101-41600-304
Legal Fees
$37.50 1209
Lamar Litigation
E 101-41610-304
Legal Fees
$225.00 1209
Senior Housing
Total COURT & MACARTHUR RUPPE, PLLP
$17,973.50
Paid Chk# 027781 12/21/2009 D & M OIL
E 602-49400-212
Motor Fuels
$79.75 1209
Fuel
E 101-43100-212
Motor Fuels
$79.75 1209
Fuel
E 101-45100-212
Motor Fuels
$79.75 1209
Fuel
E 601-49450-212
Motor Fuels
$79.75 1209
Fuel
E 101-42400-212
Motor Fuels
$79.73 12-09
Fuel
Total D & M OIL
$398.73
Paid Chk# 027782
12/21/2009 DESIGN ELECTRICAL CONTRACTORS
E 101-43160-381
Electric Utilities
$357.00 13075
Labor and Materials
Total DESIGN ELECTRICAL CONTRACTORS
$357.00
Paid Chk# 027783
12/21/2009 DJS TOTAL HOME CARE
CNTR FIRE
E 101-42000-200
Office Supplies (GENERAL)
$49.10 100132
supply
E 101-43100-215
Shop Supplies
$22.66 100166
PO # Tim
Total DJS TOTAL HOME CARE CNTR FIRE
$71.76
Paid Chk# 027784 12/21/2009 DOCUMENT DESTRUCTION SERVICE
E 101-41400-300 Professional Srvs (GENERAL) $30.00 144849 document destruction
Total DOCUMENT DESTRUCTION SERVICE $30.00
Paid Chk# 027785 12/21/2009 DON'S AUTO & REPAIR
E 101-45100-212 Motor Fuels $53.50 111009 gas
Total DON'S AUTO & REPAIR $53.50
MAPublic Data\City Council\Council Packet information\2009\12-21-09 (last one)\12 212009 Finance Bills Posted Batch.doc
Agenda Item No. 8•E•1•
Meeting Date December 21, 2009
25
Mayor and Council Communication — December 16, 2009
Finance — Payment of Claims
Page 3 of 7
Check Amt Invoice Comment
10100 Premier Bank
Paid Chk# 027786 12/21/2009 ELECTRIC PUMP, INC.
E 601-49450-404 Repair/Maint - Machinery/Equip $181.83 0040142-IN Detector, Leak Unit FLS
Total ELECTRIC PUMP, INC. $181.83
Paid Chk# 027787 12/21/2009 FEDERAL LICENSING, INC
E 601-49450-433 Dues and Subscriptions $119.00 WNLS597 Subscription
Total FEDERAL LICENSING, INC $119.00
Paid Chk# 027788 12/21/2009 FIRE INSTRUCTION & RESCUE EDUC
E 101-42000-208 Training and Instruction $270.00 08025 Foam & Eductors
Total FIRE INSTRUCTION & RESCUE EDUC $270.00
Paid Chk# 027789 12/21/2009 FIRST CALL
E 101-42000-404 Repair/Maint - Machinery/Equip $58.67 1749-205441 Defect Warranty
Total FIRST CALL $58.67
Paid Chk# 027790 12/21/2009 GENERAL RENTAL
R 101-00000-36200 Donations $57.71 9150932 New Hokey Rink
Total GENERAL RENTAL $57.71
Paid Chk# 027791 12/21/2009 GENERAL SAFETY EQUIPMENT
E 101-42000-551 Capital - Fire Trucks $132.74 0000000971 Truck Parts
Total GENERAL SAFETY EQUIPMENT $132.74
Paid Chk# 027792 12/21/2009 GOPHER STATE ONE -CALL
E 602-49400-209 Locates $55.17 9110289 Locates - Water Dept
E 601-49450-209 Locates $55.18 9110289 Locates - Sewer Dept
Total GOPHER STATE ONE -CALL $110.35
Paid Chk# 027793 12/21/2009 GRAINGER
E 101-45100-210 Operating Supplies (GENERAL) $350.79 9135806967 Lamp
Total GRAINGER $350.79
Paid Chk# 027794 12/21/2009 H. CHRISTIANSEN COMPANY
E 101-45100-210 Operating Supplies (GENERAL) $358.15 33417 Braid Hockey Nets
Total H. CHRISTIANSEN COMPANY $358.15
Paid Chk# 027795 12/21/2009 HENRYS WATERWORKS, INC
E 602-49400-250 Meters for Resale $65.70 13908 Meter Gasket
Total HENRYS WATERWORKS, INC $65.70
Paid Chk# 027796 12/21/2009 ICMA
E 101-41300-433 Dues and Subscriptions $817.56 3631101209 Membership Renewal
Total ICMA $817.56
Paid Chk# 027797 12/21/2009 JASPER ENGINEERING & EQUIP CO
E 601-49450-404 Repair/Maint - Machinery/Equip $425.00 00157839 366 Touble Shoot
Total JASPER ENGINEERING & EQUIP CO $425.00
Paid Chk# 027798 12/21/2009 JOINT POWERS BOARD
E 602-49400-374
JP Dist Pen
$2,493.92 123109
Cert Taxes JP Dist Pen
E 602-49400-376
JP Fed Wtr Test
$216.22 123109
Cert Taxes Fed Wtr
E 602-49400-377
JP Fed Wtr Test Pen
$65.49 123109
Cert Taxes Fed Wtr Pen
E 602-49400-372
JP Dist
$8,942.51 123109
Cert Taxes JP Dist
Total JOINT POWERS BOARD
$11,718.14
M:\Public Data\City Council\Council Packet information\2009\12-21-09 (last one)\12 212009 Finance Bills Posted Batch.doc
Agenda Item No. 8.E.1.
Meeting Date December 21, 2009
26
Mayor and Council Communication - December 16, 2009
Finance - Payment of Claims
Check Amt Invoice
Comment
10100 Premier Bank
Paid Chk# 027799
12/21/2009 L.M.C.I.T.
E 101-41100-361
General Liability Ins
$198.68 16929
1% Workers Comp Ins
E 101-43100-361
General Liability Ins
$5,960.40 16929
30% Workers Comp Ins
E 101-42000-361
General Liability Ins
$5,364.36 16929
27% Workers Comp Ins
E 101-42400-361
General Liability Ins
$1,192.08 16929
6% Workers Comp Ins
E 101-45100-361
General Liability Ins
$1,986.80 16929
10% Workers Comp Ins
E 602-49400-361
General Liability Ins
$2,582.84 16929
12% Workers Comp Ins
E 601-49450-361
General Liability Ins
$2,384.16 16929
12% Workers Comp Ins
E 101-41300-361
General Liability Ins
$198.68 16929
1 % Workers Comp Ins
E 101-41400-361
General Liability Ins
$198.68 16929
1% Workers Comp Ins
Total L.M.C.I.T.
$20,066.68
Paid Chk# 027800
12/21/2009 MATT SNAZA
E 101-42000-200
Office Supplies (GENERAL)
$19.00 12/10/09
Flag for Fire Hall
Total MATT SNAZA
$19.00
Paid Chk# 027801
12/21/2009 MENARDS - MAPLE GROVE
E 101-43100-215
Shop Supplies
$57.90 72417
Tape
Total MENARDS - MAPLE GROVE
$57.90
Paid Chk# 027802
12/21/2009 MINNESOTA STATE FIRE
DEPARTMEN
E 101-42000-433
Dues and Subscriptions
$216.00 1209
Membership Dues
Total MINNESOTA STATE FIRE
$216.00
Paid Chk# 027803 12/21/2009 MUNICIPAL EMERGENCY SER. INC.
E 101-42000-404 Repair/Maint - Machinery/Equip $936.75 00132868_SN Flow Test
Total MUNICIPAL EMERGENCY SER. INC. $936.75
Paid Chk# 027804
12/21/2009 MVTL LABORATORIES, INC
E 601-49450-218
Testing Expenses
$212.00 474912
Testing Expense (CBOD-5)
Total MVTL LABORATORIES, INC
$212.00
Paid Chk# 027805
12/21/2009 N. A. C.
E 468-49000-306
Planning Fees
$477.55 18953
1-94
E 101-41915-306
Planning Fees
$35.55 18953
Landfilling & Grading Ord
E 101-41910-306
Planning Fees
$198.50 18953
Agenda, packet, variances, etc
E 101-41910-306
Planning Fees
$57.40 18953
NW Land Use Study
E 101-41910-306
Planning Fees
$88.70 18953
54th St. redevelopment
E 101-41910-306
Planning Fees
$568.65 18953
Tattoo Moratorium
E 101-41910-306
Planning Fees
$295.25 18953
Hoey Lawsuit
E 101-41910-306
Planning Fees
$50.55 18953
Roof Signs
E 101-41915-306
Planning Fees
$111.20 18954
Parkside Commercial
E 101-41915-306
Planning Fees
$361.85 18954
Guardian Angels
E 101-41910-306
Planning Fees
$750.00 18955
Council, Staff, PC meetings
Total N. A. C.
$2,995.20
Paid Chk# 027806
12/21/2009 NAPA AUTO PARTS
E 101-43100-404
Repair/Maint - Machinery/Equip
$53.62 537854
Seat Cover
Total NAPA AUTO PARTS
$53.62
Paid Chk# 027807
12/21/2009 NORTH AMERICAN CLEANING CORP
E 101-41940-405
Repair/Maint Buildings
$419.12 37477
CH
E 101-42000-405
Repair/Maint Buildings
$138.94 37477
FD
Total NORTH AMERICAN CLEANING CORP
$558.06
Paid Chk# 027808
12/21/2009 NORTHERN WATER WORKS
E 602-49400-250
Meters for Resale
$5.95 2822
Adapt for Roof Mount
E 602-49400-250
Meters for Resale
$750.00 8849
Host Software
Total NORTHERN WATER WORKS
$755.95
M:\Public Data\City Council\Council Packet information\2009\12-21-09 (last one)\12 212009 Finance Bills Posted Batch.doc
Page 4 of 7
Agenda Item No. 8•E• 1•
Meeting Date December 21 2009
27
Mayor and Council Communication — December 16, 2009
Finance — Payment of Claims
Page 5 of 7
Check Amt Invoice Comment
10100 Premier Bank
Paid Chk# 027809 12/21/2009 NORTHLAND FIRE & SECURITY
E 101-41940-405 Repair/Maint -Buildings $139.01 80617 fire testing
Total NORTHLAND FIRE & SECURITY $139.01
Paid Chk# 027810 12/21/2009 OXYGEN SERVICE COMPANY
E 101-43100-215 Shop Supplies $61.30 72751 Compressed, N.O.S
Total OXYGEN SERVICE COMPANY $61.30
Paid Chk# 027811 12/21/2009 PRINCIPAL LIFE INSURANCE CO
E 101-45100-130
Employer Paid Ins (GENERAL)
$179.55 100866210001
Emp Life, Dental, Stdis
E 101-41300-131
Employer Paid Health
$78.13 100866210001
Emp Life, Dental, Stdis
E 101-41400-331
Travel Expenses
$119.91 100866210001
Emp Life, Dental, Stdis
E 101-41500-131
Employer Paid Health
$157.79 100866210001
Emp Life, Dental, Stdis
E 101-43100-130
Employer Paid Ins (GENERAL)
$180.80 100866210001
Emp Life, Dental, Stdis
E 601-49450-130
Employer Paid Ins (GENERAL)
$205.96 100866210001
Emp Life, Dental, Stdis
E 602-49400-130
Employer Paid Ins (GENERAL)
$205.96 100866210001
Emp Life, Dentsl, Stdis
E 101-42400-130
Employer Paid Ins (GENERAL)
$154.93 100866210001
Emp Life, Dental, Stdis
Total
PRINCIPAL LIFE INSURANCE CO
$1,283.03
Paid Chk# 027812
12/21/2009 PURCHASE POWER
E 604-49960-322
Postage
$87.65 1209 Postage
E 601-49450-322
Postage
$449.21 1209 Postage
E 602-49400-322
Postage
$208.17 1209 Postage
E 101-41400-322
Postage
$350.60 1909 Postage
Total PURCHASE POWER
$1,095.63
Paid Chk# 027813
12/21/2009 RC GRADING & EXCAVATING INC
G 101-22825 Hunters Pass Escrow
$1,482.50 5341 Hunters
Pass
G 101-22825 Hunters Pass Escrow
$344.75 5342 Hunters
Pass
Total RC GRADING & EXCAVATING INC
$1,827.25
Paid Chk# 027814
12/21/2009 S & T OFFICE PRODUCTS
E 101-41400-200
Office Supplies (GENERAL)
$133.53 01NS6366 Paper
E101-41400-200
Office Supplies (GENERAL)
$40.61 01NS672 PKT,FILE,LTR,2'EXP,STRT2-4920
Total S & T OFFICE PRODUCTS
$174.14
Paid Chk# 027815 12/21/2009 SCHINDLER ELEVATOR CORPORATION
E 101-41940-405 Repair/Maint -Buildings $529.44 B102497606 Yearly Billing
Total SCHINDLER ELEVATOR $529.44
Paid Chk# 027816 12/21/2009 SIGMA CONTROLS, INC
E 601-49450-404 Repair/Maint - Machinery/Equip $464.36 014991 Rebuild Unit
Total SIGMA CONTROLS, INC $464.36
Paid Chk# 027817 12/21/2009 SRF CONSULTING GROUP, INC
E 468-49000-303 Engineering Fees $38,933.85 6796-10 1-94
Total SRF CONSULTING GROUP, INC $38,933.85
Paid Chk# 027818 12/21/2009 ST. L OUIS MRO, INC
E 101-42000-305 Medical- Physicals $68.25 23121 Evaluate Drug Screen Results
Total ST. L OUTS MRO, INC $68.25
Paid Chk# 027819 12/21/2009 STATE OF MINNESOTA
E 101-41000-300 Professional Srvs (GENERAL) $2,240.00 36324 Hoey
Total STATE OF MINNESOTA $2,240.00
Paid Chk# 027820 12/21/2009 STORM FENCE REPAIR & MORE
R 101-00000-36200 Donations $936.00 1015 Alum dome caps
Total STORM FENCE REPAIR & MORE $936.00
M:\Public Data\City Council\Council Packet information\2009\12-21-09 (last one)\12 212009 Finance Bills Posted Batch.doc
Agenda Item No. 8.E.1.
Meeting Date December 21, 2009
Mayor and Council Communication — December 16, 2009
Finance — Payment of Claims
Check Amt Invoice Comment
10100 Premier Bank
Paid Chk# 027821 12/21/2009 STRATEGIC EQUIPMENT AND SUPPLY
E 101-41000-300 Professional Srvs (GENERAL) $1,006.63 1536505 Utility Cart, microwave, coffee pot
Total STRATEGIC EQUIPMENT AND $1,006.63
Paid Chk# 027822 12/21/2009 TASC
E 101-41400-300 Professional Srvs (GENERAL) $716.00 3000031513 Amin Fee
Total TASC $716.00
Paid Chk# 027823 12/21/2009 TINKLENBERG GROUP
E 468-49000-300 Professional Srvs (GENERAL) $1,487.50 1718 Meetings
Total TINKLENBERG GROUP $1,487.50
Paid Chk# 027824 12/21/2009 TOASTMASTERS INTERNATIONAL
E 101-41500-433
Dues and Subscriptions
$55.00 1209
Professional Development
E 601-49450-433
Dues and Subscriptions
$55.00 1209
Professional Development
E 101-41500-433
Dues and Subscriptions
$55.00 1209
Professional Development
E 101-43100-433
Dues and Subscriptions
$55.00 1209
Professional Development
E 101-41400-433
Dues and Subscriptions
$55.00 1209
Professional Development
E 101-41300-433
Dues and Subscriptions
$55.00 1209
Professional Development
E 101-42400-433
Dues and Subscriptions
$55.00 1209
Professional Development
Total TOASTMASTERS INTERNATIONAL
$385.00
Paid Chk# 027825 12/21/2009 TRI STATE PUMP & CONTROL INC
E 601-49450-404 Repair/Maint - Machinery/Equip $1,018.47 29673 Pump Parts
Total TRI STATE PUMP & CONTROL INC $1,018.47
Paid Chk# 027826 12/21/2009 WASTE MANAGEMENT
E 601-49450-384 Refuse/Garbage Disposal $62.45 5253785-1593-2 garbage
E 101-43100-384 Refuse/Garbage Disposal $56.85 5253785-1593-2 garbage
E 101-45100-384 Refuse/Garbage Disposal $70.21 5253785-1593-2 garbage
Total WASTE MANAGEMENT $189.51
Paid Chk# 027827 12/21/2009 WATER LABORATORIES INC
E 601-49450-218 Testing Expenses $36.00 09K-344 Test
E 601-49450-218 Testing Expenses $36.00 09k-382 Test
E 601-49450-218 Testing Expenses $613.00 1292 Tests
Total WATER LABORATORIES INC $685.00
Paid Chk# 027828 12/21/2009 WRIGHT COUNTY MAYORS ASSOC.
E 101-41100-433 Dues and Subscriptions $150.00 1209 Annual Dues
Total WRIGHT COUNTY MAYORS ASSOC. $150.00
Paid Chk# 027829 12/21/2009 WRIGHT CTY SHERIFFS PATROL
E 101-42110-307 Police Contract Fees $40,880.00 Patrol-09-12 Patrol Billing
Total WRIGHT CTY SHERIFFS PATROL $40,880.00
Paid Chk# 027830 12/21/2009 WRIGHT RECYCLING
E 101-43200-308 Recycling Contract Fee $4,500.00 1109 Recycling
Total WRIGHT RECYCLING $4,500.00
M:\Public Data\City Council\Council Packet information\2009\12-21-09 (last one)\12 212009 Finance Bills Posted Batch.doc
Page 6 of 7
Agenda Item No. 8.E.1.
Meeting Date December 21, 2009
29
Mayor and Council Communication — December 16, 2009
Finance — Payment of Claims
Page 7 of 7
Check Amt Invoice Comment
10100 Premier Bank
Paid Chk# 027831
12/21/2009 XCEL ENERGY
E 101-43160-381
Electric Utilities
$34.52 514165980711
5700 Labeaux Ave NE Unit Signal
E 101-43160-381
Electric Utilities
$51.84 514579640311
11830 51 st Street
E 601-49450-381
Electric Utilities
$105.49 514579640311
5900 Cty Rd 18
E 101-43160-381
Electric Utilities
($26.13) 514579640311
Credit for inv 300237679
E 101-43160-381
Electric Utilities
$31.80 514689785011
Electric Charges
E 101-43160-381
Electric Utilities
$25.16 515112363011
5998 Labeaux Ave
E 101-43160-381
Electric Utilities
$7.22 515556410811
5799 Lander Ave NE
E 101-43160-381
Electric Utilities
$4.37 516443911611
10120 Kantar CT NE
E 101-43160-381
Electric Utilities
$5,385.22 516901038011
Street Lighting - 58-59-60 St.
E 101-41940-381
Electric Utilities
$1,112.68 518015699211
Electric -City Hall
E 601-49450-381
Electric Utilities
$23.68 518825994711
Light Station
Total XCEL ENERGY
$6,755.85
Paid Chk# 027832 12/21/2009 ZAYO
E 101-41940-321
Telephone
$765.16
0057861109
60% Phone/Data Network
E 101-42400-321
Telephone
$255.05
0057861109
20% Phone/Data Network
E 101-42000-321
Telephone
$89.27
0057861109
7%
Phone/Data Network
E 101-43100-321
Telephone
$89.26
0057861109
7%
Phone/Data Network
E 601-49450-321
Telephone
$38.26
0057861109
3%
Phone/Data Network
E 602-49400-321
Telephone
$38.26
0057861109
3%
Phone/Data Network
Total ZAYO
$1,275.26
10100 Premier Bank
$237,960.43
Fund Summary
10100 Premier Bank
101 GENERAL FUND
$141,694.75
439 CENTER OAKS 2 & 3 - CLOSED
$37.50
464 ALBERTVILLE BUSINESS PARK Clos
$760.00
468 CSAH 19 RAMPS/I 94 Project
$59,946.40
473 PRAIRIE RUN
$42.50
493 CASH 19 & 69th Intersection
$475.00
494 CSAH 19 & 50th St. (South 19)
$487.50
501 Phil Morris Lift Station
$1,567.50
502 Maclver
$262.50
601 SEWER FUND
$6,879.26
602 WATER FUND
$15,719.87
604 STORM WATER
$10,087.65
$237,960.43
M:\Public Data\City Council\Council Packet information\2009\12-21-09 (last one)\12 212009 Finance Bills Posted Batch.doc
Agenda Item No. 8.E.1.
Meeting Date December 21, 2009
30
Albcrtvijlc Mayor and Council Communication
Small Town UWng. 01g C" W..
December 16, 2009
SUBJECT: 10 FINANCE — J & B GROUP DONATION
RECOMMENDATION: The J & B Group has recently donated funds to the Albertville Fire
Department, which are for the purpose of purchasing or replacing boots for the firefighers. It is
respectfully requested that the Mayor and Council consider the following motion:
Motion approve Resolution No. 2009-050 entitled a Resolution Acknowledging a Donation
from the J & B Group and deposit the donation of $1,500.00 towards the purchase of boots for
the Fire Department.
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. Xjiise
City Administrator
Department/Responsible Person: Finance/Tina Lannes, Finance Director
Attachments: Resolution No. 2009-050
M:\Public Data\Requests for Council Actions (RCA)\2009\12 212009 J -B Group Donation to Fire Dept.doc
Agenda Item No. 8.E.2.
Meeting Date December 21, 2009
32
CITY OF ALBERTVILLE
COUNTY OF WRIGHT
STATE OF MINNESOTA
RESOLUTION NO.2009-050
A RESOLUTION ACKNOWLEDGING
A DONATION FROM THE J & B GROUP
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 $1,500.00 from the
J & B Group, to be used towards the purchase of new boots for the volunteer Firefighters; and
WHEREAS, the City Council would like to thank the J & B Group, and commend them for their
support of the Fire Department and 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 2 1 " day of December 2009 by the City Council of the City of Albertville.
Ron Klecker, Mayor
Bridget Miller, City Clerk
33
A,,Ibcrtvi Ile Mayor and Council Communication
Smolt Town UWng. Big City Mo.
December 17, 2009
SUBJECT: LEGAL —APPRAISALS FOR CSAH 19/I-94 RAMP IMPROVEMENTS
RECOMMENDATION: It is respectfully requested that the Mayor and Council consider the
following motions:
Motion: authorize the expenditure of an additional $10,500 for appraisal work related to the
CSAH 19/I-94 benefit appraisals previously authorized.
BACKGROUND: The City Council recently authorized Nagell Appraisal to appraise twelve
properties for purposes of determining what benefit these properties may have as a result of the
planned CSAH 19 widening north of I-94 and as a result of the construction of an I-94 west -bound
exit ramp at CSAH 19. The cost for those appraisals were set at $1,500 for each land only appraisal
(5 of these), $2,500 for land/building appraisals (5 of these) and $4,500 for the outlet mall west of
CSAH 19 and $3,500 for the outlet mall east of CSAH 19 for a total cost of $28,000. Approximately
seven of the properties to be appraised have potential to be benefited from the CSAH 19 portion of
the project.
Initially the appraiser, Bill Waytas, was planning to appraise the benefit to the properties by arriving
at a combined benefit figure which would not necessarily separate out the benefit for each
improvement. However, after discussing this approach with Mr. Waytas, both he and the City
Attorney concluded that this approach may be more difficult to present in court should any property
owners appeal. Instead, Mr. Waytas and the City Attorney have concluded that the appraisal should
separate out the benefit for each improvement so that the Court can see exactly how much benefit is
attributable to the CSAH 19 improvement and how much is attributable to the I-94 Ramp. In order to
do this, Mr. Waytas will essentially have to include two separate appraisals for each property that
potentially benefits from the CSAH 19 project.
Mr. Waytas has estimated an additional $1,500 cost for each property appraisal that will have a
separate CSAH 19 benefit analysis included in it. Of the parcels to be appraised, seven are adjacent
to or access from the 2-lane portion of CSAH 19 and would therefore have the additional appraisal
analysis. At an additional $1,500 per appraisal, the additional cost for these seven appraisals would
be $10,500, which would bring the total appraisal expense to $38,500.
KEY ISSUES:
• The original format of the appraisals is likely to be confusing to the court should any property
owners appeal the special assessment. The revised format discussed above is expected to
clarify the benefit the properties receive from each portion of the improvement.
M:\Public Data\Requests for Council Actions (RCA)\2009\12 212009 Legal RCA for Appraisals.doc
Agenda Item No. 83.1.
Meeting Date December 21, 2009
Mayor and Council Communication — December 17, 2009
Legal — CSAH 19/I-94 Appraisals
Page 2 of 2
• The additional cost of the appraisals will be included in the project cost.
• The City Attorney expects some property owners to appeal any potential assessments and
believes that it is likely that the appraisals will actually be used in court. As with any
document that will be entered into evidence in court, it is best to have it done properly the first
time rather than having it redone at a later date, which typically costs more in the long run.
POLICY CONSIDERATIONS: Appraisals are not required at this stage of the process, but City
Staff strongly recommends them in this instance and believes it is most efficient to have the
appraisals done properly the first time.
FINANCIAL CONSIDERATIONS: The additional $10,500 cost would increase the total project
cost by that amount. This cost will initially be advanced by the City, later to be reimbursed from
bond proceeds, and ultimately paid via the bond levy or special assessment levy for the project.
LEGAL CONSIDERATIONS: The City Attorney strongly recommends the additional expenditure
such that the appraisals will clearly delineate the respective benefits from each portion of the project.
Without this clarification in the appraisals, it will be more difficult to present the City's case in a
clear manner to the Court should one or more property owners appeal.
Respectfully submitted,
Gli
Larry R. Kru
City Administrator
Department/Responsible Person: Legal/Mike Couri, City Attorney
Attachments: None
M:\Public Data\Requests for Council Actions (RCA)\2009\12 212009 Legal RCA for Appraisals.doc
Agenda Item No. 8•J• 1•
Meeting Date December 21, 2009