Loading...
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 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 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. 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 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. M:\Public Data\City Council\Council Minutes\2009 Minutes\M 12-07-09 Approved.doc 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 M:\Public Data\City Council\Council Minutes\2009 Minutes\M 12-07-09 Approved.doc 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. M:\Public Data\City Council\Council Minutes\2009 Minutes\M 12-07-09 Approved.doc 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. M:\Public Data\City Council\Council Minutes\2009 Minutes\M 12-07-09 Approved.doc 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 M:\Public Data\City Council\Council Minutes\2009 Minutes\M 12-07-09 Approved.doc 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 M:\Public Data\City Council\Council Minutes\2009 Minutes\M 12-07-09 Approved.doc 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 M:\Public Data\City CounciWouncil Minutes\2009 Minutes\M 12-07-09 Approved.doc 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. M:\Public Data\City Council\Council Minutes\2009 Minutes\M 12-07-09 Approved.doc 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