Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
2008-07-07 CC Packet
11.1p NbErtville City of Albertville Council Agenda m JULY 7, 2008 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 AGENDA 6. MINUTES A. June 16, 2008 City Council minutes (pgs. 1-16) 7. 0 CONSENT AGENDA All items with an asterisk O are considered to be routine by the City Staff and will be enacted by one motion. There will be no separate discussion of these items unless a Council member so requests. In such event, the item will be removed from the General Order of Business and considered in its normal sequence on the agenda. Items 8.E.1. Finance — Semi-monthly Payment of Claims (bills) (pgs. 19-30) 8.F.1. City Clerk — Albertville Lions Club Gambling License (pgs. 35-36) 8. DEPARTMENT BUSINESS A. Fire Department B. Public Works Department C. Utilities Department (WWTP) 1). Accept the Utility Superintendent's Update (pg. 17) M:\Public Data\City Council\Council Packet information\2008\07-07-08\07 07 2008 1-A Agenda.doc Meeting Date: July 7, 2008 City of Albertville Council Agenda July 7, 2008 Page 2 of 3 D. Building Department E. Finance Department 1). 0 Approve the Monday, July 7, 2008 Payment of Claims (bills) for check numbers 025821 to 025894 (pgs. 19-30) 2). Accept the Finance Director's Project Status Update and Financial Reports (pgs. 31-34) F. City Clerk 1). 0 Approve Resolution No. 2008-036 entitled a Resolution Approving a Class B (Pulltabs, Tipcards, Paddlewheels, Raffles) Gambling License (Permit) for the Albertville Lions Club at Cedar Creek Bar & Grill (pgs. 35-36) G. Planning and Zoning 1). Approve Resolution No. 2008-034 entitled a Resolution Approving a Preliminary and Final Plat, known as Albertville Railway Exchange, located along Main Avenue NE and the Burlington Northern Santa Fe (BNSF) Railroad Right -of -Way, within the City of Albertville (pgs. 37-42, plus attachments) 2). Approve Resolution No. 2008-035 entitled a Resolution Approving a Conditional Use Permit (Cup) to Re -Establish the Existing Outdoor Dining and Outdoor Recreation Activities for the 152 Club located at 5794 Main Avenue NE within the City of Albertville (pgs. 43-58) H. Engineering 1). Accept the Assistant City Engineer's Progress Report (pgs. 59-62) 2). CSAH 37 West Utility Extension Project (RCA) (pgs. 63-64) I. Legal 1). Accept the City Attorney's Report (pgs. 65-67) J. City Council 1). Council member Berning — Park Update (pg. 69) K. Administration 1). Accept the City Administrator's Written Report (pgs. 71-73) 2). St. Michael Library — discuss funding and priority status 3). Wireless Committee (discussion on outcome from the Committee of the Whole Workshop) 4). Guardian Angels Senior Housing (discussion on outcome from the Committee of the Whole Workshop) 9. CITIZENS OPEN FORUM - (continued if necessary) M:\Public Data\City Council\Council Packet information\2008\07-07-08\07 07 2008 1-A Agenda.doc Meeting Date: July 7, 2008 City of Albertville Council Agenda July 7, 2008 Page 3 of 3 10. ANNOUNCEMENTS and or UPCOMING MEETINGS July 2008 4 all day Independence Day observed — City Offices closed 7 6:00 p.m. Committee of the Whole & Albertville Wireless Committee 7 7:00 p.m. City Council meeting 8 7:00 p.m. Planning and Zoning Commission meeting 14 6:00 p.m. STMA Ice Arena Board meeting 21 6:00 p.m. Committee of the Whole & Albertville Fire Department 21 7:00 p.m. City Council meeting 28 6:00 p.m. Joint Powers Water Board meeting 28 7:00 p.m. Committee of the Whole Workshop (tentative) August 2008 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 7:00 p.m. City Council meeting 25 6:00 p.m. Joint Powers Water Board meeting 25 7:00 p.m. Committee of the Whole Workshop (tentative) September 2008 1 all day Labor Day observed — City 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 7:00 p.m. City Council meeting 25 6:00 p.m. Joint Powers Water Board meeting 25 7:00 p.m. Committee of the Whole Workshop (tentative) 11. ADJOURNMENT M:\Public Data\City Council\Council Packet information\2008\07-07-08\07 07 2008 1-A Agenda.doc Meeting Date: July 7, 2008 A,lbertV1ll£ Mayor and Council Communication sn." 9tsuu+ UAW ft 0tv ur- June 27, 2008 SUBJECT: CITY COUNCIL MINUTES RECOMMENDATION: It is respectfully requested that the Mayor and Council consider approving the City Council minutes that have been prepared and submitted by the City Clerk and the City Administrator with the following motions: Motion: to approve the June 16, 2008 regular City Council minutes as presented, and on file in the office of the City Clerk. BACKGROUND: Space is reserved on the agenda to accommodate the Mayor and Council, should it be their desire to amend the minutes. KEY ISSUES: It is the City's policy to review and approve City Council minutes that have been taken, prepared and submitted by the City Clerk. POLICY 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. However, the contents of the minutes via the amendment process typically require Mayor and Council consideration thereof at the appropriate time during the meeting, in which such amendments that are made requires a motion and affirmative vote of the majority of the members present. FINANCIAL CONSIDERATIONS: There are no financial considerations as it relates to approval of the City Council minutes. LEGAL ISSUES: In accordance with Council procedures, the Mayor and Council possess the authority to amend the minutes. Respectfully submitted, Larry R. se City Administrator Department/Responsible Person: Administration/Bridget Miller, City Clerk Attachments: June 16, 2008 regular Council minutes M:\Public Data\City Council\Council Packet information\2008\07-07-08\07 07 2008 4-A City Council minutes.doc Agenda Item NA.A. Meeting Date July 7, 2008 AFFIDAVIT OF POSTING STATE OF MINNESOTA SS. COUNTY OF WRIGHT Bridget Miller, being first duly sworn, says that on this 3rd day of July 2008 Bridget posted the documents as shown on the reverse side a true copy of each thereof at 3:45 p.m. at the Albertville City Offices in the window, at the City of Albertville, County of Wright, State of Minnesota. Subscribed and sworn to before me this 3 day of VAU _, 2008. �SKV'� o-� Notary Public TORI ANN LEONHARDT 6 NOTARY PUBUC-MINNESOTA My Gomm. Exp. Jan. 31, 2009 M:\Public Data\Planning & Zoning\P&Z agenda\Affidavit of Agenda Posting format.doc A,lbertville SatcM °rUWnD.09Ot,Ufa. ALBERTVILLE CITY COUNCIL JUNE 16, 2008 MINUTES ALBERTVILLE CITY HALL PLEDGE OF ALLEGIANCE — CALL TO ORDER Mayor Klecker called the Albertville City Council Pledge of Allegiance. ROLL CALL PRESENT: Mayor Ron Klecker, Councilmi and Tom Fay, Assistant City Engineer Adam Mike Couri, City Administrator Larry Kruse, ABSENT: none Al Swingt&h from Ce 9 ' ,,;;Pointe,E ergy to award Albertville $2, S00 Grant towards the Safety Eqpurcha optf 7:00 PM Mayor Klecker, stated that Laura Hirsch from Center Pointe Energy was present to award Albertville with a,$2,500 Gra &"towards the purchase of safety equipment that will be located within the Albertville City Hall. Ms. Hirsch reported th e,`C'enter Pointe Energy is working together with community bringing awareness in the area � safety. "The City of Albertville has submitted an application and has qualified for the grant, which I am here to present. This is a grant in the amount of $2,500 towards the purchase of a defibulator and other various small life saving devices for the Albertville City Hall." M:\Public Data\City Council\Council Minutes\2008 Minutes\Bridgefs drafts\M 06-16-08 B-drafts_doc Agenda Item NA.A. Meeting Date July 7, 2008 2 City of Albertville City Council Minutes June 16, 2008 Page 2 of 15 CITIZEN FORUM Mayor Klecker asked if there was anyone in the audience that wanted to discuss an item with the Council that was not already on the agenda. There was no one present in the audience that wished to speak to the City Council regarding an issue that was not already scheduled on the agenda. AMENDMENTS TO THE AGENDA Mayor Klecker moved item 8.J.4. up on the agenda, fc items. Council member Berning added an item under City Sign located off on CSAH 37. City Administrate Administration, which was to discuss the house on K MOTION BY Council member Vetsch, seconded by C Monday, June 16, 2008 regular Albertville City Council unanimously. MINUTES June 2, 2008 regular Mayor Klecker a Council minutes. MOTION BY Council n June 2, -21,08 regular City the office �f the City Clerk :. CONSENT AGENDA 10 CONSENT AGE A inutes were of the Engineering a was to discuss the ded an it NE near I mber Fay to approve the as amended. Motion carried to the June 2, 2008 regular City ber Bing, seconded by Mayor Klecker to approve the Monday, Ittncil mIrrute'as presented, which a signed copy will be on file in ration qarried unanimously. All items with an asterisk O are considered to be routine in nature by the City Staff and will be enacted by one motion. There will be no separate discussion of these items unless a Council member or citizen so requests. In such event, the item will be removed from the General Order of Business and considered in its normal sequence on the agenda. Mayor Klecker asked the Council if there were any items to be pulled from the Consent Agenda, which there were no items pulled from the consent agenda. M:\Public Data\City Council\Council Minutes\2008 Minutes\Bridget's drafts\M 06-16-08 B-drafts.doc Agenda Item NA.A. Meeting Date July 7, 2008 9 City of Albertville City Council Minutes June 16, 2008 Page 3 of 15 MOTION BY Council member Fay, seconded by Council member Berning to approve the consent agenda as presented; therefore, no items were pulled. In the case when items are pulled, the item would be removed from the General Order of Business and considered in its normal sequence on the agenda, which would require a separate motion. Motion carried unanimously. DEPARTMENT BUSINESS FIRE DEPARTMENT — no comments PUBLIC WORKS DEPARTMENT — no comments UTILITIES DEPARTMENT (WWTP) Approve the Phosphorus Trade Agreement with Central Lakes Region Sanitary" District (CLRSD) to sell 248 kilograms (kg) of Phosphorus creditsaa 15 per kg Agreement MOTION BY Council member Fay, seconde Phosphorus Trade Agreement with Central Lz kilograms (kg) of Phosphorus credits at $15 p separate discussion from the Consent Agenda and an electronic copy will be on file in the of unanimously. BUILDING A MOTION>BY Building Oil separate discus Motion carried 's �y Council memb s Region Sanitary kg Agreement as I ld a separate.rnPtic sT of the Citv'Cler] t 3erning to approve the #rict (CLRSD) to sell 248 sented, which will require a from the Consent Agenda Motion carried Council member, Fay, seconded by Council member Berning accepted the al's Building deport dated June 6, 2008 as presented, which will require a ;t, from the Consent Agenda and a separate motion from the Consent Agenda. FINANCE DEPAR Approve the Monday, June 16, 2008 Payment of Claims (bills) for check numbers 025759 to 025816 MOTION BY Council member Fay, seconded by Council member Berning authorizing the Monday, June 16, 2008 Payment of Claims (bills) for check numbers 025759 to 025816 as M:\Public Data\City Council\Council Minutes\2008 Minutes\Bridget's drafts\M 06-16-08 B-drafts.doc Agenda Item NA.A. Meeting Date July 7, 2008 21 City of Albertville City Council Minutes June 16, 2008 Page 4 of 15 presented except the bills specifically pulled, which will require a separate discussion from the Consent Agenda and a separate motion from the Consent Agenda. Electronic copies of the checks and supporting documents will be on file in the office of the Finance Director. Motion carried unanimously. CITY CLERK Approve Two (2) 1-Day 3.2 % Malt Liquor License Applications f In ,the St. Albert Catholic Church for an annual Parish Festival celebration to be held on Satday, July 19 and Sunday, July 20 at the St. Albert Parish Center and St. Albert Catholic Church pxoperty within the Albertville city limits MOTION BY Council member Fay, seconded by Council member Beming to approve Two (2) 1-Day 3.2 % Malt Liquor License Applications framfhe St. Albert Catholic Churc, an annual Parish Festival celebration to be held on Saturda July 1��d Sunday, Juloo at the St. Albert Parish Center and St. Albert Catholic Church property withinAhe Albertville city limits as presented, which will require a separate discussion from the Consent Agenda and a separate motion from the Consent Agenda and a copy of the application, and liquor license will be on file in the office of the City Clerk. Motion carried unanimously. `Approve St. Albert Catholic Church request datod June 9, 2008 to semi -block off a portion of Lander Avenue NE betwee >t e ;fit. Albert Church and St. Al ert Parish Center for the annual Parish Festival celebration that tall be held on S'41turday, July 19 and Sunday, July 20 MOTION BY Council member Faye econded by Council member Beming to approve St. Albert Catholic huxch req>tt dAted J`e, 2QS to semi -block off a portion of Lander Avenue NE between the t Albert Church=and St. Albert Parish Center for the annual Parish Festival celebratitrr that wlll be held_ n SaQday, July 19 and Sunday, July 20 as presented, which will require a separate discussion from the dissent Agenda and a separate motion from the Consent Agenda ligbton carried unanimously �.: Approve Reso� No 2608-028 entitled a Resolution Approving a Class B (Pulltabs, Tipcards, Paddlewhes, Raffles) Gambling License (Permit) for the Foxtailers Snowmobile Club at Space Aliens Grill c $ar MOTION BY Council member Fay, seconded by Council member Berning to approve Resolution No. 2008-028 entitled a Resolution Approving a Class B (Pulltabs, Tipcards, Paddlewheels, Raffles) Gambling License (Permit) for the Foxtailers Snowmobile Club at Space Aliens Grill & Bar as presented, which will require a separate discussion from the Consent Agenda and a separate motion from the Consent Agenda and a signed copy will be on file in the office of the City Clerk. Motion carried unanimously. M:\Public Data\City Council\Council Minutes\2008 Minutes\Bridget's drafts\M 06-16-08 B-drafts.doc Agenda Item NA.A. Meeting Date July 7, 2008 City of Albertville City Council Minutes June 16, 2008 Page 5of15 PLANNING AND ZONING Accept the City Planner's Report Council members accepted the City Planner's Report dated June 6, 2008 as presented in the Monday, June 16, 2008 City Council packet. Downtown Plat and 152 Club Conditional Use Permit (discussion City Planner Brixius informed the Council that the Downtown.Plat an Use Permit (CUP) was presented to the Albertville Planning anal Zoni 10, 2008 regular meeting. Staff was considering to ask th6-Council to discuss and approve the Downtown Final Plat and the. 1 52 Club CUP; documents are not final as of yet. City Attorney Couri reported that staff is working on the f prepared to present the Downtown Plat and the 152 Club Development Schedule, which means it will go before the regular Council meeting. ENGINEERING 152 Club Conditional �mmission at the June meeting to - closing documents and should be itional Use Permit per the 66il at the Monday, July 7, 2008 A`Approve Resolution No. 200W entitled a Resolution Approving Plans and Specifications for Municipal Improvels for Proposed Albertville008 Sealcoat Project and Authorize to Solicit for Bids MOTION BY C& I -member Fay, seconded"by Council member Beming to approve Resoluti No. 2008=U2 ntrtled' resolution Approving Plans and Specifications for Mumc�Improvements for`J'roposed Iertville 2008 Sealcoat Project and Authorize to Solicit for Blds a lresented, which:" ill require a separate discussion from the Consent Agenda and a separate mot 661rom the Content Agenda, and a signed copy will be on file in the office of the City Clerk Mo `0`10 carried uxnanimously. &Approve Resolution �Yo. 2008-030 entitled a Resolution Approving Plans and Specifications for Municipal Improvements for Proposed Albertville 2008 Overlay Project and Authorize to Solicit for Bids MOTION BY Council member Fay, seconded by Council member Berning to approve Resolution No. 2008-030 entitled a Resolution Approving Plans and Specifications for Municipal Improvements for Proposed Albertville 2008 Overlay Project and Authorize to Solicit for Bids as presented, which will require a separate discussion from the Consent Agenda and a M:\Public Data\City Council\Council Minutes\2008 Minutes\Bridget's drafts\M 06-16-08 B-drafts.doc Agenda Item No. 4.A. Meeting Date July 7, 2008 City of Albertville City Council Minutes June 16, 2008 Page 6 of 15 separate motion from the Consent Agenda, and a signed copy will be on file in the office of the City Clerk. Motion carried unanimously. Review the CSAH 37 West Project Feasibility Report (Study) (a. k. a. Niemeyer Trailer Sales Development) and Approve Resolution No. 2008-027 entitled a Resolution Accepting the CSAH 37 Utility Extension Feasibility Report (Study) for the Extension of Municipal Improvements along CSAH 37 Between 64`h Street NE and Kadler Avenue NE and with;Conditions Authorize the Preparation of Plans and Specifications and Direct Staff to Prepare an Ordinance to Establish a Sewer and Water Sub -District as Identified in the FeaAs *lity Report (Study) Assistant City Engineer Nafstad reported that staff has accesses off of CSAH 37, which the County will limit one full access upon development and platting of the to stating that staff reviewed a concept of a north/soutli city standards with all the right-of-way contained m axe under this concept Mr. Niemeyer would pay for the str Development Agreement be obligated to convey the O the Canty to discuss the ccess;to'the two Westerly properties to b properties. Nafstad:continued by vate street and utilities constructed to the event should the Miller property to the west develop anc public street into their property, at that pont�he City would and provide Millers' access. However, if the IV street system, the cost of the street would be pry Niemeyer. Furthermore, if the Millers connect participate in Mr. Niemeyer�� nb-ith/south utilit utilities elsewhere along the no, Guth street, and the Millers would' pad. heir pro-4ated share t to Should d went on to,explain that and throuQ a City at the City's request. In 3es to extend a significant s the,conveyance of the Outlot Lect to this street with a private xs and then reimburse 4 37 stubs, they would not llers choose to connect to City would request conveyance of the Outlot .he cost of those lines. City Attorney Cpura brought the'need:� es#ahlish asub-district for water and sewer, which will require th" Ctty Caupcil to adapt an ord>riar ce establishing the district. Couri noted that a public heing would i t be required, but is an option for the City Council to consider should the City_W, , �t additional input rbm the \general public. Couri explained what would be included in the ordin which is an annual incrrnental increase reflecting the carrying costs associated with the proj- 0t ,[`Couri reiter*d that upon the platting of Niemeyer property, the City will require the Deve g, er to enter into a Developer's Agreement that will provide for installation of N, a street to serve bth the Niemeyer property and the Miller property to the west. The street is proposed to be constl?uetf by the Developer, Mr. Niemeyer, and then turned over to the City. Following acceptance of'the 2008 CSAH 37 West Feasibility Report (Study), the next order of business is to enter into an agreement with Mr. Niemeyer, who would agree to pay for all the City's costs associated with the project should the project not proceed as planned. Following the signing of the agreement, the City Council would order plans and specifications, then advertise and accept bids for the project. Upon receipt of the bids, staff will review and submit a Request. for Council Action, which would be for Council accepting and awarding the low bid and making a commitment as to whether to proceed. M:\Public Data\City Council\Council Minutes\2008 Minutes\Bridget's drafts\M 06-16-08 B-drafts.doc Agenda Item NA.A. Meeting Date July 7, 2008 City of Albertville City Council Minutes June 16, 2008 Page 7 of 15 Mayor Klecker asked if the Mr. Niemeyer had any further questions, concerns or comments regarding the proposed CSAH 37 West Feasibility Report (Study). Upon hearing no comments from Mr. Niemeyer, Mayor Klecker asked if there was anyone else in the audience who had questions, concerns, or comments regarding the CSAH 37 West Feasibility Report (Study). Mr. Miller of 6593 Kadler Avenue NE, asked if the access road to Mr. Niemeyer property would be public or private. Assistant City Engineer Nafstad reported that the City is modeling the'road similar to other developments within Albertville. The street or road will be constructed as private in such case Mr. Niemeyer will agree to convey an Outlot to the City. ' Council members wanted confirmation that the current Miller property wdultl not be required to pay anything until such time of development. So if the 1Vlillers sell or leave the property to their heirs, and whomever takes over the property contin*,s to farmor live on the prope ,as it stands today, would not have to pay anything. City Attorney Couri confirmed that the pro Should the Millers decide to sell the propej the land or use it as it is today, they will no the future wants to discontinue the current property use will change and the necessary required to develop the land. -ty owner will ;bot have to pay anything today. or leave it to tfi�hildren. who continue to farm pay anything, But at such point the owner in land and wants_lb'develop, at that point the 5ns and;associated costs will need to be Upon hearing the concerns above1r. Niemeyer poke regarding the CSAH 37 Development inquiring about the placement of thd'pump or lift station. Mr. Niemeyer asked if there is a possibility of placing it in t e? south east,comer of h�property. Staff reported that they would work with Mr Niemeyer to e rt' accommodate s re, u st to relocate the placement of the lift station. Mr. Niemed hat he woad be willing fo'bear the cost of the sewer and water going north and soutl'nd would like; to keep the street or roadway private. Mr. Niemeyer asked if the City would ehtertain the thoukht, o installatM'costs for the lift station. Mr. Miller shred with the Council and staff that No. 1 the County is not considering shutting off the access on Kater Avenue NE. No 2, Mr. Miller again wanted clarification as it seems to have changed fro,hts understanding on the connection costs. And No. 3, Mr. Miller brought to the Council's attentiorl thafhe is not a businessman and would prefer to remain off the concept plan for CSAH 37 Weir asibility Report (Study) or to put it just plainly left alone. Assistant City Engineer Nafstad noted that the driveway access to the Miller property will remain the same until such time of development. Again City Attorney Couri reported that as long as Mr. Miller or those he sells to does not connect or develop, the property owners will not pay anything. Should the property owner want to connect to sewer and water, that property owner would need to notify the City. At that time, M:\Public Data\City Council\Council Minutes\2008 Minutes\Bridget's drafts\M 06-16-08 B-drafts.doc Agenda Item NA.A. Meeting Date July 7, 2008 City of Albertville City Council Minutes June 16, 2008 Page 8of15 that person (property owner) would need to connect and pay the fees associated with'the connection. Council member Berning wanted to remind the Council that it is the City that owns and or controls the connection. Berning wanted to make sure the other Council members were aware of this and for them to make sure this is the correct plan for the property. Mr. Niemeyer wants to develop the piece of land; therefore, Berning threw out the thought of Mr. Niemeyer consider putting in one connection that would meet his needs. The other proper"wners would then put in the additional connection(s) to meet their needs at the time of development or other circumstances. Council and staff discussed options of negotiating how to commented to hold off until we obtain the bids, at that po costs. MOTION BY Council member Wagner, secor Resolution No. 2008-027 entitled a Resolution Feasibility Report (Study) for the Extension of Municipal Improvements along CSAH 37 Between 64th Street NE and Kadler Ave n to,NE and with Conditions Authorize the Preparation of Plans and Specifications and Direct Staff, to Prepare an Ordinance to Establish a Sewer and Water Sub -District as Identified in the Feasibility Roport (Study) aspresented in the June 16, 2008 regular City Council packet with no additional amendnnents, which a signed copy will be on file in the office of the City Clerk. Mayor K ecker, Couneil r embers Berning, Fay, and Wagner voted aye. Council member Vetsch opposed. Motioncarried. Review and Approve Resblidion Nq 2#08-031 entitled a Resolution Accepting the Franklin Property Sewer extension Fe x ability R41, Pudy) for the Extension of Municipal Improvements'iz d ra> onditi0o, luthorize`the Preparation of Plans and Specifications — (Iames Franklin prop etc�cated cat 5720 Barthel Industrial Drive NE) Assistant sty Engineer Nam began by stating in July 2007, a Conditional Use Permit (CUP) was issued foxgthe current term of the property, 5720 Barthel Industrial Drive NE, with three following condrtQns pertaining to sanitary sewer service: 1. The property shall connect to municipal utilities at the time municipal utilities are extended tope site. 2. The site shall have a corrected, compliant individual sewage treatment system (ISTS) or connect to municipal sanitary sewer by July 16, 2008. 3. Applicant shall pump the septic holding tank every 30 to 60 days or as required until a compliant ISTS is installed or a connection is made to municipal sewer. Nafstad went on to report that though conversations with the Franklins, it is the City's understating that the Franklins desire to make the property more marketable and no longer want M:\Public Data\City Council\Council Minutes\2008 Minutes\Bridget's drafts\M 06-16-08 B-drafts.doc Agenda Item NA.A. Meeting Date July 7, 2008 9 City of Albertville City Council Minutes June 16, 2008 Page 9 of 15 to be burdened by the existing on -site septic system. Furthermore, its staffs understanding that the Franklins wish to proceed with the sanitary sewer improvements; however, the Franklins have yet to decide whether or not they would like to be assessed for the improvements or pay upfront. In the case the Franklins be assessed for the improvements, the City would require that the Franklins to enter into an assessment agreement and sign a waiver to appeal the assessment. City Administrator Kruse informed the Council that he met with the Franklins, which the Franklins are still in agreement to move forward with the improvemeq roject. Mayor Klecker asked if the Council had any questions or concerns with the municipal improvement for the Franklin property. Mayor Klecker also askedthe Franklins if they had any questions or comments regarding the improvement project. LuVeme Franklin of Big Lake confirmed that they are in agreement to proceed with the project. Jim Franklin asked if the abutting property owners to the site would reimburse'tiem, the Franklins, when they propose to hook-up to city sewer:; City Attorney Couri noted that in order to consider the potenal reimbursement a district would need to be created; therefore, the Franklins"could not be reimbursed. The connection is for their property only. MOTION BY Council member Berning, Resolution No. 2008-031 entitled a Extension Feasibility Rep*tudy, Conditions Authorize the'Prenaraiio owner accepting (James Franklin signed copy will STMA Ice • Approve A TAXES with file for the Exte of Plans an vould includ 7.20 Barthel Council member Fay to approve Lnglliel,Franklin Property Sewer of Municipal Improvements and with ,ifications and are subject to the property ing a waiver to appeal the assessment — trial Drive NE) as amended, which a •k. Motion carried unanimously. which includes the following items for Council approval: A DEVELOPMENT AGREEMENT; and REALLOCATE SPECIAL ASSESSMENTS AND REAL ESTATE ;1: and • Approve RFSotuTION No. 2008-032 ENTITLED A RESOLUTION REALLOCATING THE BARTIIEL COMMERCIAL PARK 3RD ADDITION SPECIAL ASSESSMENTS; and • Approve RESOLUTION No. 2008-033 entitled a RESOLUTION RELEASING LOT 1, BLOCK 1 OF THE BART.HEL COMMERCIAL PARK 3RD ADDITION FROM TERMS OF DEVELOPER'S AGREEMENT City Attorney Couri touched very briefly on the proposed Hockey Arena Development items that were included in the June 16, 2008 Council packet. Couri went on to explain that the City has M:\Public Data\City Council\Council Minutes\2008 Minutes\Bridget's drafts\M 06-16-08 B-drafts.doc Agenda Item NA.A. Meeting Date July 7, 2008 10 City of Albertville City Council Minutes June 16, 2008 Page 10 of 15 previously entered into an agreement with Mr. Barthel to purchase the proposed Lot 1, Block 1, Barthel Commercial Park 3rd Addition for a possible expansion to the STMA Ice Arena facility. The Purchase Agreement is contingent upon the City entering into an agreement with the STMA School District and the City of St. Michael to reimburse the City of Albertville for the cost of the land. The Hockey Arena Agreement that is included in the June 16, 2008 Albertville Council packet fulfills the STMA School District's contingency provided the School District uses its funds at this point to purchase the Barthel property. Couri wanted to point out the fact that the Hockey Arena Agreement was prepared by the STMA School District's Attorney as a means of agreeing with the City of Albertville as to who will do what tasks related to the acquisition and development of the Barthel property. Couri continued by explaining that following the City's appr6l Development Agreement there would be a more formal DeVel( require the City to complete a number of items in preparation f that include requiring the City to reallocate a portion,:bf the Spi placed on Outlot A of Barthel Commercial 2nd Addrtton Io Lot 3rd Addition, and to allocate the taxes on the property between Barthel Commercial 3rd Addition, and to release the property Developer's Agreements that the Couri reviewed the following Key Issues regard • The Development Agreement with ISD No. o Assigns the City's right.,to purchase I o Requires the School District to porch o Prohibits the School Disftict from do 2018 to give into with of the closing wit a1 Assessments Block 1, Barth itlot A and Lot Arena t, which would h the Barthels 1, the terms of the prior two (2) v of Albertville. evelopment Agreement: 1, Block t to the School District; Lot 1, Block 1; anything with Lot 1, Block 1 until June 1, ifey for the development of a second hockey subsequent development agreement some years in the future settft forth the terms of how the arena expansion will be funded once those detail; are agreed upon); Requires the City -to plat Loci, Block 1, and properly allocate special assessments to o Requires the City W. have an agreement with Barthels as to the allocation of special asses§��nts and division of taxes between Lot 1, Block 1 and Outlot A (the rest of the Barthel property); o Requires the City to provide an updated title opinion (which will also be needed for the plat); o Requires the City to release the prior developer's agreements from the property. If no agreement is reached between the parties for a second ice arena by June 1, 2018, the Development Agreement expires. Note that the original purchase agreement with Don Barthel gives the Barthels the right to repurchase the property ten years after the closing if it is not used for ice arena purposes by that date. M:\Public Data\City Council\Council Minutes\2008 Minutes\Bridget's drafts\M 06-16-08 B-drafts.doc Agenda Item NA.A. Meeting Date July 7, 2008 11 City of Albertville City Council Minutes June 16, 2008 Page 11 of 15 The Reallocation Agreement with Don Barthel has the City and Don Barthel agreeing that the special assessments and the taxes will be allocated in accordance with the requirements of the Development Agreement with the School District (which uses the same formula as the City used to special assess the properties for Lachman Avenue's improvement). The Resolution Reallocating Special Assessments reallocates the special assessments in accordance with the requirements of the Development Agreement with the School District. The Resolution Releasing Lot 1, Block 1 from Terms of Development Agreement releases Lot 1, Block 1 from the 1992 and 1998 developer's agreements with the Barthels. The Barthels have complied with all requirements of these agreements. MOTION BY Council member Vetsch, seconded by Cow HOCKEY ARENA DEVELOPMENT AGREEMENT as present( Council packet; and approve AGREEMENT 'ro RE.ALLOOAT ESTATE TAXES with Donald Barthel as presented in the Jung packet; and approve RESOLUTION No. 2008-032 entitled a Commercial Park 3rd Addition Special Assessments as pre" 2008-033 entitled a Resolution Releasing Lot 1, Block 16 Addition from Terms of Developer's Agreement as presen file in the office of the City Clerk. Motion carried unanim ADMINISTRATION City Administrator iber.,;VVagner to approve the June i:6,2008 Albertville City LL ASSESSMENTS AND REAL 16, 2008 Al ird approve RESOLUTION No. uthel Commercial Park 3rd ich a signed copy will be on City Administrator Kruse have a bfief oral update on,:p'rojects that staff is working on, which included the Hockey Arenagreernent, J aclitnarl Avenue NE plat, Downtown plat, etc. Council Act[ TQmporar%ly Se`tting City Hall Hours City Administrator Kruse pro �ted the four (4) day workweek to the City Council commenting that in recent months a numbor'of government entities and businesses are leaning towards a four (4) day workwe& -& Kruse went on to explain that up until the sharp rise in gas prices, the most common was a nines ;how day and a half day on Friday. Kruse reported that staff has discussed the concept 'four (4) day workweek focusing on its effects for customer service and fulfilling the needs' of the City Council. Staff noted pros and cons of the temporary change, which the major issue is obviously the level of service for our residents and serving the needs of the City Council. Council discussed the potential of temporarily changing the City Hall office hours to Monday through Thursday. Council's concern was the building department and how residents or contractors would get the appropriate inspections done to proceed with the building projects. Council also had a concern with the long day and the potential of employees being fatigued. M:\Public Data\City Council\Council Minutes\2008 Minutes\Bridget's drafts\M 06-16-08 B-drafts.doc Agenda Item NA.A. Meeting Date July 7, 2008 12 City of Albertville City Council Minutes June 16, 2008 Page 12 of 15 Kruse assured the Council that staff would do their best to meet the needs within the building department and reminded the Council would be temporary. Council decided to approve the four (4) day workweek on a temporary basis and shortened the time frame to only 60 days or ending Labor Day weekend. Council would review the four (4) day workweek at the second meeting in August, should they decide to go with Summer hours in 2009. MOTION BY Council member Vetsch, seconded by Council City work hours at four (4) 10-hour days starting Monday Jul, August 29, 2008 (approximately 60 days). City Hall hours are 5:30 p.m. Monday thru Thursday. Public Works and Utilities,: Utility Employee and one Public Works Employee working a hours are to be reviewed at the August 18, 2008 regular City unanimously. Center Pointe Energy $2, 500 Grant (discuss match) City Administrator Kruse noted that Center Albertville for the purchase of life-saving e, or approval to see if other non-profit organi possibly double the amount to>purchase eq> Council authorized .stM willing to donate funds Hall. Parks.Commercial 2"" eta City Admirislrrator Kruse in] with him inau-, ? about the Commercial-2 nd AC for Council approv the building or that nber Fay to approve setting 204and ending Friday, posed t6 be 7:00 a.m. to have the same hours, with one sday thru Friday shift. Work meeting. 00 Grant to Council for direction and the grant, which would the Council that Pastor Dave Glasser has been in contact of the New Horizon Church moving into the Parkside acuity. Kruse noted that when the development went before the City 3ouncil was very concerned with the type of business or uses within be allowed within the site. City Planner Brixius reported that the Parkside Commercial 2nd Addition is zoned B-2A; Special Business District with a Planned Unit Development (PUD) and a Conditional Use Permit (CUP), which had specified uses that allowed and did not include for churches or religious means. Brixius went on to explain that taking into consideration the restrictions that were set for the Parkside Commercial 2nd Addition, staff is looking to the Council for direction to amend the Developer's Agreement. Brixius asked the Council to keep in mind that churches or religious M:\Public Data\City Council\Council Minutes\2008 Minutes\Bridget's drafts\M 06-16-08 B-drafts.doc Agenda Item NA.A. Meeting Date July 7, 2008 13 City of Albertville City Council Minutes June 16, 2008 Page 13 of 15 organizations have a tendency to grow and what will happen down the road when the church outgrows the facility or the site being considered. Mayor Klecker asked if there was anyone in the audience that wanted to speak in regards to the New Horizon Church. Dave Glasser of 405 — 5tb Street NW in St. Michael thanked the Council for allowing him to speak on behalf of the New Horizon Church members. Mr. Glasser asked, the Council to consider amending the PUD/CUP to allow for the church. Mr. Glasser"gave his proposal to the Council as to why they should allow New Horizon Church to be located within the Parkside Commercial 2nd Addition. City Planner Brixius inquired as to how many congregationalmembers there are associated with New Horizon Church, which Mr. Glasser reported them'are approximately 96jraembers. Brixius calculated that based on the number of members, New Horizon,Church would require 23 parking stalls. City Planner Brixius stated that B-2A zoning allows churches�to go into the site; it is the PUD/CUP that is restricting New Horiz64from locating withiiiAe building. Following the discussion, Council encouraged Mr.-,:,lasser to proce6d: with an application and amending the PUD/CUP, which would need tp go befoxe the Planning and Zoning Commission for approval and public comment then a recomt3!lendation t© the City Council. Set Monday, July 21, 2008 as a Committee of the Whole Workshop for the purpose of discussion Fire Inspections; the meetz, woula� begin at 6: 00 City Administrator Kruse asked for. Council direction regarding holding a Committee of the Whole Workshop on Monday, Julq;1, 2008 beginning at 6:00 p.m. for the purpose of discussion Fire I si ctions. Council okayed setting Monday, July 21, 2008 as a Committee of the Whole Workshop beginning at 6 0 p m. for the purpose of discussing Fire Inspections. House located on Kan r,Aurt NE within Albertville — consider making offer City Administrator Kruse noted that the Council had expressed an interest earlier this year to purchase the house located at 10831 Kantar Court NE. Kruse wanted to confirm if the Council is still interested in purchasing the land for expansion of Oakside Park. The land could be used to allow for extra parking or other options. Council discussed the pros and cons about purchasing the property, in which majority of them lowered the offering price to about $30,000 to $35,000. M:\Public Data\City Council\Council Minutes\2008 Minutesftidget's drafts\M 06-16-08 B-drafts.doc Agenda Item NA.A. Meeting Date July 7, 2008 14 City of Albertville City Council Minutes June 16, 2008 Page 14 of 15 MOTION BY Council member Vetsch, seconded by Council member Wagner authorizing staff to make an offer not to exceed $35,000 on the house located on Kantar Court NE near Oakside Park for the potential expansion of the parking lot and the park. Motion carried unanimously. City Sign located on CSAH 37 and Main Avenue NE Council member Berning brought to staff s attention the sign City Administrator Kruse reported that the sign received hail storm. Kruse went on to explain that Building Offic Outdoor Advertising, which Franklin Outdoor Advertisii It was discussed to open the signage to other bu: the sign was initially constructed it was to assist did not renew their Lease Agreement. Mayor Klecker noted the upcoming meeting Committee of the Whole meeting to be held the list. June 2008 23 6:OOpi4 307,00 p.m. 2008 4 all day 7 7:00 p.m 7:00 p.m. L4*00 P.M. 21 28 28 August 4 11 12 18 6: 7: 2008 7:00 p.m. 6:00 p.m. 7:00 p.m. 7:00 p.m. a at night. irlr%g the Memorial weekend and has>notified Franklin -epairing -„ It was brought up there is a 008, which should be added to Water Board meeting ,theWhole Workshop (tentative) Indeliendt-!nce Day observed — City Offices closed City Council meeting Planning and Zoning Commission meeting STMA Ice Arena Board meeting City Council meeting Joint Powers Water Board meeting Committee of the Whole Workshop (tentative) City Council meeting STMA Ice Arena Board meeting Planning and Zoning Commission meeting City Council meeting M:\Public Data\City Council\Council Minutes\2008 Minutes\Bridget's drafts\M 06-16-08 B-drafts.doc Agenda Item NA.A. Meeting Date July 7, 2008 15 City of Albertville City Council Minutes June 16, 2008 Page 15of15 25 6:00 p.m. Joint Powers Water Board meeting 25 7:00 p.m. Committee of the Whole Workshop (tentative) 26 8:00 a.m. Candidacy Filing Opens ADJOURN THE REGULAR CITY COUNCIL MEETING TO GO INTO A CLOSED MEETING TO DISCUSS THE ONGOING LITIGATIONS MOTION BY Council member Berning, seconded by Council member Vetsch to adjourn the Monday, June 16, 2008 regular City Council meeting at 9:52 p.m. tb go into a closed meeting for the purpose of discussion and update on the litigation/lawsuit with S ly H. Motion carried unanimously. MOTION BY Council member Fay, seconded by Monday, June 16, 2008 regular City Council meet unanimously. ADJOURNMENT MOTION BY Council member Berning, se( Monday, June 16, 2008 regular_City Council unanimously. at yor 0:30 Bridget Miller, City Clerk Berning to reconvene the Motion carried M:\Public Data\City Council\Council Minutes\2008 Minutes\Bridget's drafts\M 06-16-08 B-drafts.doc giber Vetsch to adjourn the Motion carried Agenda Item NA.A. Meeting Date July 7, 2008 A,lbertville TO: Mayor and City Council FROM: John Middendorf DATE: June 27, 2008 RE: I Wastewater Treatment Plant and Water Department Update WATER • There was a water leak at 11657 54th Street NE; the leak was on the street side of the curb stop. WASTEWATER •. The piping in the main lift station has been repaired. Ford Construction was low bid and completed the project. We added bracing on the other two pumps as a precautionary measure. • Staff has completed yearly lift station maintenance. REED BED UPDATE • We have been applying sludge to the reed beds for several weeks. Some of the beds are doing better than others. The beds that are struggling we are putting less sludge on them. We are still putting some sludge in pond no. 2. I have been keeping MPCA informed. • I have been in contact with Sam Claassen from S.E.H. in response to our dissatisfaction with the digesters performance. His response was for their operator to spend time at the plant, and see if he could get it to perform better. • I have Bolton & Menk working on a cost analysis for covering the digesters. M:\Public Data\City Council\Council Packet information\2008\07-07-08\07 07 2008 8-C-2 Utilities Dept Report.doc Agenda Item No. 8. C. I.. Meeting Date July 7, 2008 17 A,lb£rtville Mayor and Council Communication S..W ,r w U06M. Mp ON We, July 1, 2008 SUBJECT: 10 FINANCE DEPARTMENT — PAYMENT OF BILLS RECOMMENDATION: It is respectfully requested that the Mayor and Council consider the following motion: Motion authorizing the Monday, July 7, 2008 payment of the claims that includes check numbers 025821 to 025894 as presented except the bills specifically pulled, which are passed by separate motion. BACKGROUND: The City process's claims on a semi-monthly basis. The bills are approved through their respective departments and administration and passed onto the City Council for approval. KEY ISSUES: Check No. 25824 B & D Plumbing — Service call sprinkler system back flow Check No. 25831 DJ's Heating & A/C — Air Conditioning and Furnace replacement in Old City Hall 5975 Main Check No. 25838 Eull, Jay — Candy for the parade taken out of donations account Check No. 25852 Midwest Landscapes — Payment for landscape for the Stormwater Pond — See attached memo from Bolton & Menk Check No. 25854 MN Dept of Public Safety — Liquor License for City Hall we must have a license for consumption and display to have alcohol in City Hall Check No. 25875 Steffen Bros. Meats — Hotdogs for volunteer open house Fire Department taken out of donation account Check No. 25883 Trout Electrical — move meter base from park shelter paid for by Friendly City Days Check No. 25894 Youths Safety Co. — Kids fire hats taken from Fire Department donation account POLICY CONSIDERATIONS: It is the City's policy to review and approve payables on a semi-monthly basis. FINANCIAL CONSIDERATIONS: City staff has reviewed and recommends approval of payments presented. M:\Public Data\City Council\Council Packet information\2008\07-07-08\07 07 2008 8-E-1 Finance Bills Report (RCA).doc Agenda Item No. 8. E. I.. Meeting Date July 7, 2008 Mayor and Council Communication —July 1, 2008 Finance - Semi -Monthly Payment of.Bills Page 2 of 2 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. se City Administrator Department/Responsible Person: Finance/Tina Lannes, Finance Director Attachments: Check Register Detail, Bolton & Menk Flood Mitigation Project Memo M:\Public Data\City Council\Council Packet information\2008\07-07-08\07 07 2008 8-E-1 Finance Bills Report (RCA).doc Agenda Item No. 8.E. A. s Meeting Date July 7, 2008 A,lberitiville Small Town Uving. Big Cite We. Check Detail Register July 7, 2008 Check Amt Invoice Comment 10100 Premier Bank Paid Chk# 025821 7/7/2008 ABM EQUIPMENT & SUPPLY INC. E 601-49450-404 Repair/Maint- Machinery/Equip $88.90 0116621-IN wire electric Total ABM EQUIPMENT & SUPPLY INC. $88.90 Paid Chk# 025822 7/7/2008 ACTION RADIO & COMMUNICATIONS E 101-42000-586 C/O- Pagers $2,69&25 17602 FD New pagers E 101-42000-586 C/O - Pagers $147.50 32465 FD Service call for base radio Total ACTION RADIO & COMMUNICATIONS $2,845.75 Paid Chk# 025823 7/7/2008 ARAMARK UNIFORM SERVICES E 101-45100-417 Uniform Rentals $12.31 629-6503569 Parks Dept - Uniform Sery E 602-49400-417 Uniform Rentals $12.31 629-6503569 Water Dept - Uniform Sery E 101-43100-417 Uniform Rentals $12.29 629-6503569 Public Works -Uniform Sery E 601-49450-417 Uniform Rentals $12.31 629-6503569 Sewage Dept. - Uniform Sery E 101-41940-405 Repair/Maint - Buildings $66.50 629-6503570 mats, mops, CH E 101-42000-405 Repair/Maint - Buildings $15.82 629-6503571 Mts FH E 101-43100-417 Uniform Rentals $10.36 629-6508347 Public Works -Uniform Sery E 601-49450-417 Uniform Rentals $10.36 629-6508347 Sewage Dept. - Uniform Sery E 101-45100-417 Uniform Rentals $10.35 629-6508347 Parks Dept - Uniform Sery E 602-49400-417 Uniform Rentals $10.36 629-6508347 Water Dept - Uniform Sery E 601-49450-417 Uniform Rentals $12.03 629-6513007 Sewage Dept. -Uniform Sery E 101-45100-417 Uniform Rentals $12.01 629-6513007 Parks Dept- Uniform Sery E 602-49400-417 Uniform Rentals $12.03 629-6513007 Water Dept - Uniform Sery E 101-43100-417 Uniform Rentals $12.03 629-6513007 Public Works -Uniform Sery E 101-41940-405 Repair/Maint - Buildings $66.50 629-6513008 mats, mops, CH Total ARAMARK UNIFORM SERVICES $287.57 Paid Chk# 025824 7/7/2008 B & D PLUMBING E 101-45100-210 Operating Supplies (GENERAL) $150.00 31126 service call Total B & D PLUMBING $150.00 Paid Chk# 025825 7/7/2008 BECKER, CHRISTINE E 101-45000-596 Friendly City Days $1,000.00 2007-2008 Princess Scholarship Total BECKER, CHRISTINE $1,000.00 Paid Chk# 025826 7/7/2008 BERRY COFFEE COMPANY E 101-41400-200 Office Supplies (GENERAL) $29.95 726637 coffee Total BERRY COFFEE COMPANY $29.95 Paid Chk# 025827 7/7/2008 CARQUEST E 101-43100-404 Repair/Maint - Machinery/Equip $19.00 supplies E 101-43100-404 Repair/Maint - Machinery/Equip $40.07 1536-42932 band clamp, flex pipe, coupler E 601-49450-210 Operating Supplies (GENERAL) $35.69 1536-43795 oil, thread locker Total CARQUEST $94.76 Paid Chk# 025828 7/7/2008 CENTER POINT ENERGY E 601-49450-383 Gas Utilities $216.65 07-2008 11728 63rd Street NE Total CENTER POINT ENERGY $216.65 M:\Public Data\City Council\Council Packet information\2008\07-07-08\07 07 2008 8-E-1 Payment Posted Batch.doc.rtf Agenda Item No. O.E. I . Meeting Date July 7, 2008 21 Mayor and Council Communication — July 1, 2008 Finance — Payment of Claims Check Amt Invoice Comment 10100 Premier Bank Paid Chk# 025829 7/7/2008 CROW RIVER NEWS NORTH E 101-41100-351 Legal Notices Publishing $49.20 846613LEG Ph multi tenent signage E 101-41100-351 Legal Notices Publishing $51.66 846614LEG Ph Pawn Shop E 101-41100-351 Legal Notices Publishing $34.44 846616LEG Ph Neidermeir Variance & CUP Total CROW RIVER NEWS NORTH $135.30 Paid Chk# 025830 7/7/2008 CUSHMAN MOTOR CO., INC. E 101-45100-210 Operating Supplies (GENERAL) $319.50 C0322 Total CUSHMAN MOTOR CO., INC. $319.50 Paid Chk# 025831 7/7/2008 DJ'S HEATING & A/C E 102-49440-300 Professional Srvs (GENERAL) $10,565.00 073403 Total DJ'S HEATING & A/C $10,565.00 Paid Chk# 025832 7/7/2008 DJ'S TOTAL HOME CARE CENTER E 101-42000-200 Office Supplies (GENERAL) $13.98 31122 Total DJ'S TOTAL HOME CARE CENTER $13.98 Paid Chk# 025833 7/7/2008 DOCUMENT DESTRUCTION SERVICE E 101-41400-300 Professional Srvs (GENERAL) $31.20 126286 Total DOCUMENT DESTRUCTION SERVICE $31.20 fastline white 3 gal Old CH furn, A/C units replace Mag & Alum polish 502 Document distruction Paid Chk# 025834 7/7/2008 ELITE SANITATION E 1Ql-41000-300 Professional Srvs (GENERAL) $2,215.38 18039 Rental Bathroom FCD Total ELITE SANITATION $2,215.38 Paid Chk# 025835 7/7/2008 EMBARQ - TX E 101-45100-321 Telephone $16.11 497-2215 E 101-43100-321 Telephone $37.51 497-0774 E 101-41940-321 Telephone $39.35 497-0261 E 101-41940-321 Telephone $37.51 497-0452 E 101-42400-321 Telephone $36.69 497-3695 E 101-41940-321 Telephone $123.23 taxes & surcharge E 101-41940-321 Telephone $36.69 497-3486 E 601-49450-321 Telephone $36.69 497-0269 E 101-42400-321 Telephone $36.69 497-3704 E 601-49450-321 Telephone $16.11 497-1888 Total EMBARQ - TX $416.58 Paid Chk# 025836 7/7/2008 EMBARQ-MO E 101-41940-321 Telephone $20.76 Ldst Total EMBARQ- MO $20.76 Paid Chk# 025837 7/7/2008 EMERGENCY APPARATUS MNTC E 101-42000-404 - Repair/Maint - Machinery/Equip $1,993.84 36250 Service Ladder # 1 E 101-42000-404 Repair/Maint - Machinery/Equip $113.46 36251 Service Tanker # 3 E 101-42000-404 Repair/Maint - Machinery/Equip $541.57 36252 Service Engine # 1 E 101-42000-404 Repair/Maint - Machinery/Equip $507.31 36253 Service Engine # 6 Total EMERGENCY APPARATUS MNTC $3,156.18 Paid Chk# 025838 7/7/2008 EULL, JAY E 101-42050-437 Misc. Donations $336.16 07-2008 FD Parage Candy Friendly City Total EULL, JAY $336.16 M:\Public Data\City Council\Council Packet information\2008\07-07-08\07 07 2008 8-E-1 Payment Posted Batch.doc.rtf Page 2 of 8 Agenda Item No. 8. E.1.. Meeting Date July 7, 2008 22 Mayor and Council Communication — July 1, 2008 Finance — Payment of Claims Check Amt Invoice Comment 10100 Premier Bank Paid Chk# 025839 7/7/2008 FEDERATED CO-OPS, INC. E 601-49450-210 Operating Supplies (GENERAL) $214.13 F28125 buccaneer plus 2.5 gal Total FEDERATED CO-OPS, INC. $214.13 Paid Chk# 025840 7/7/2008 FIRE INSTRUCTION & RESCUE EDUC E 101-42000-208 Training and Instruction $270.00 05602 confined space/ERTK training Total FIRE INSTRUCTION & RESCUE EDUC $270.00 Paid Chk# 025841 7/7/2008 FLEXIBLE PIPE TOOL COMPANY E 601-49450-587 C/O - Tools $1,586.85 11776 hydraulic root cutter, skid as Total FLEXIBLE PIPE TOOL COMPANY $1,586.85 Paid Chk# 025842 7/7/2008 FORD CONSTRUCTION CO INC E 601-49450-404 Repair/Maint - Machinery/Equip $4,322.54 1703 WWTP Lift Station repairs Total FORD CONSTRUCTION CO INC $4,322.54 Paid Chk# 025843 7/7/2008 FYCC E 10 1 -45000-598 Pledges & Contributions $4,500.00 2nd half FYCC donation Total FYCC $4,500.00 Paid Chk# 025844 7/7/2008 GOPHER STATE ONE -CALL E 602-49400-209 Locates $159.50 Locates - Water Dept E 601-49450-209 Locates $159.50 Locates - Sewer Dept Total GOPHER STATE ONE -CALL $319.00 Paid Chk# 025845 7/7/2008 HASSAN SAND & GRAVEL, INC. E 101-45100-210 Operating Supplies (GENERAL) $412.24 73524 crushed creme limestome Total HASSAN SAND & GRAVEL, INC. $412.24 Paid Chk# 025846 7/7/2008 INSPECTRON INC. E 101-42400-300 Professional Srvs (GENERAL) $575.00 Service May 2008 Total INSPECTRON INC. $575.00 Paid Chk# 025847 7/7/2008 JOHN DEERE LANDSCAPES E 101-45100-210 Operating Supplies (GENERAL) $230.69 17682101 couplings, elbows, pvc fitting Total JOHN DEERE LANDSCAPES $230.69 Paid Chk# 025848 7/7/2008 JOINT POWERS BOARD E 602-49400-375 JP Access $7.00 JP Access E 602-49400-372 JP Dist $51,616.10 JP dist E 602-49400-374 JP Dist Pen $1,944.02 JP Dist Pen E 602-49400-373 JP Dist II Low $1,591.53 JP Dist 11 Low E 602-49400-376 JP Fed Wtr Test $1,577.51 Fed Wtr Test E 602-49400-376 JP Fed Wtr Test $47.23 Fed Wtr Test Pen E 602-49400-371 JPDIST COMBO $1,254.00 JP Dist Combo Total JOINT POWERS BOARD $58,037.39 Paid Chk# 025849 7/7/2008 LAWN BOYZ IRRIGATION, LLC E 482-49300-300 Professional Srvs (GENERAL) $950.00 07-2008 New City Hall 3 zones added Total LAWN BOYZ IRRIGATION, LLC $950.00 Paid Chk# 025850 7/7/2008 LAWSON PRODUCTS, INC E 101-43100-215 Shop Supplies $88.29 6962755 Pliers, screwdriver set Total LAWSON PRODUCTS, INC $88.29 M:\Public Data\City Council\Council Packet infonnation\2008\07-07-08\07 07 2008 8-E-1 Payment Posted Batch.doc.rtf Page 3 of 8 Agenda Item No. O.E. I.. Meeting Date July 7, 2008 23 Mayor and Council Communication - July 1, 2008 Finance - Payment of Claims Check Amt Invoice Comment 10100 Premier Bank Paid Chk# 025851 7/7/2008 MAXFIELD RESEARCH, INC. E 101-41100-300 Professional Srvs (GENERAL) $1,800.00 research for assessing demand Total MAXFIELD RESEARCH, INC. $1,800.00 Paid Chk# 025852 7/7/2008 MIDWEST LANDSCAPES E 604-49660-300 Professional Srvs (GENERAL) $8,877.00 D13042-0002 StMA Pond Area Landscape Total MIDWEST LANDSCAPES $8,877.00 Paid Chk# 025853 7/7/2008 MINNESOTA COPY SYSTEMS E 101-41400-413 Office Equipment Rental $130.54 9506 E 101-41400-413 Office Equipment Rental $80.94 9507 Total MINNESOTA COPY SYSTEMS $211.48 Paid Chk# 025854 7/7/2008 MN DEPT OF PUBLIC SAFETY E 101-41940-361 General Liability Ins $250.00 Total MN DEPT OF PUBLIC SAFETY $250.00 Paid Chk# 025855 7/7/2008 MN DEPT. OF TRADE/ECON. DEV. E 203-00000-310 Other Professional Services $594.04 Total MN DEPT. OF TRADE/ECON. DEV. $594.04 Paid Chk# 025856 7/7/2008 MONTICELLO ANIMAL CONTROL E 101-42700-309 Animal Control Contract $44.00 102A Total MONTICELLO ANIMAL CONTROL $44.00 Copier Maintenance Agreement Copier Maintenance Agreement Liquor License Permit CH Fraser Loan pmt dog/cat pickup Paid Chk# 025857 7/7/2008 MONTICELLO, CITY OF E 101-42700-309 Animal Control Contract $268.38 animal control services Total MONTICELLO, CITY OF $268.38 Paid Chk# 025858 7/7/2008 MTR SERVICES INC E 604-49660-300 Professional Srvs (GENERAL) $270.00 3861 a bobcat & truck clean mulch fro Total MTR SERVICES INC $270.00 Paid Chk# 025859 7/7/2008 N. A. C. E 101-41910-306 Planning Fees $377.70 17505 Tattoo parlors/pawn shops E 101-41910-306 Planning Fees $1,031.00 17505 staff hours/code enforcement E 101-41910-306 Planning Fees $1,134.16 17505 zoning, signage, planning Comm E 101-41910-306 Planning Fees $23.00 17505 Semi Trailers E 494-49000-306 Planning Fees $80.50 17505 CSAH 19 Assessment E 101-41910-306 Planning Fees $500.00 17507 workshop, staff & council meet E 101-41910-306 Planning Fees $346.50 17508 NE Quadrant Comprehensive Plan E 101-41910-306 Planning Fees $130.25 17584 Tattoo parlors/pawn shops E 101-41910-306 Planning Fees $785.40 17584 staff hours/code enforcement E 101-41910-306 Planning Fees $904.93 17584 projects, zoning, siding stand E 101-41910-306 Planning Fees $236.10 17584 railroad plat E 494-49000-306 Planning Fees $92.00 17584 CSAH 19 Assessment E 101-41910-306 Planning Fees $462.95 17584 semi -trailer E 101-41915-306 Planning Fees $138.60 17585 sumberland pod storage E 101-41915-306 Planning Fees $428.50 17585 Neimeyer concept plan E 101-41915-306 Planning Fees $177.90 17585 outlet mall kiosks E 101-41915-306 Planning Fees $81.00 17585 D J's Conditional Use Permit E 101-41915-306 Planning Fees $69.40 17585 Dominium townhomes E 101-41915-306 Planning Fees $40.50 17585 Marketplace restaurant site pl E 101-41910-306 Planning Fees $625.00 17586 workshop, staff & council meet Total N. A. C. $7,665.39 M:\Public Data\City Council\Council Packet information\2008\07-07-08\07 07 2008 8-E-1 Payment Posted Batch.doc.rtf Page 4 of 8 Agenda Item No. Q.E. I.. Meeting Date July 7, 2008 24 Mayor and Council Communication — July 1, 2008 Finance — Payment of Claims Check Amt Invoice Comment 10100 Premier Bank Paid Chk# 025860 7/7/2008 NAPA AUTO PARTS E 602-49400-404 Repair/Maint - Machinery/Equip $155.80 444207 bench seat cover Total NAPA AUTO PARTS $155.80 Paid Chk# 025861 7/7/2008 NCL OF WISCONSIN E 601-49450-210 Operating Supplies (GENERAL) $216.41 236985 buffer solution, Electrode sto Total NCL OF WISCONSIN $216.41 Paid Chk# 025862 7/7/2008 NEXTEL COMMUNICATIONS E 602-49400-323 Nextel Radio Units $63.27 718183318 Nextel Phones E 101-41300-321 Telephone $66.47 718183318 Nextel Phones E 601-49450-323 Nextel Radio Units $63.27 718183318 Nextel Phones E 101-41500-323 Nextel Radio Units $66A7 718183318 Nextel Phones E 101-42000-321 Telephone $66.47 718183318 Nextel Phones E 101-43100-323 Nextel Radio Units $72.46 718183318 Nextel Phones E 101-45100-323 Nextel Radio Units $72.46 718183318 Nextel Phones E 101-41400-323 Nextel Radio Units $44.76 718183318 Nextel Phones E 101-42400-323 Nextel Radio Units $54.16 718183318 Nextel Phones Total NEXTEL COMMUNICATIONS $569.79 Paid Chk# 025863 7/7/2008 NORTHLAND TRUST SERVICE INC E 604-49660-611 Bond Interest $32,035.00 GO Bond Srm Wtr Pond 2007A E 360-47000-611 Bond Interest $66,045.00 GO Bond CSAH 19 2007A E 358-47000-611 Bond Interest $42,343.75 Lease Rev Bonds 2004 E 361-47000-611 Bond Interest $22,005.00 GO Bond Lachman 2007A E 601-49450-611 Bond Interest $9,387.49 Sewer Rev Bond 2008 A E 354-47000-611 Bond Interest $6,627.08 GO Imp Refunding Bonds E 362-47000-611 Bond Interest $41,360.00 GO Bond Ind Park 2007A Total NORTHLAND TRUST SERVICE INC $219,803.32 Paid Chk# 025864 7/7/2008 ON SITE SANITATION INC E 101-45100-415 Other Equipment Rentals $159.75 A-333717 Rental -Portable Bathrooms E 101-45100-415 Other Equipment Rentals $63.90 A-333719 Rental -Portable Bathrooms E 101-45100-415 Other Equipment Rentals $63.90 A-333720 Rental -Portable Bathrooms E 101-45100-415 Other Equipment Rentals $191.70 A-333721 Rental -Portable Bathrooms E 101-45100-415 Other Equipment Rentals $63.90 A-333722 Rental -Portable Bathrooms E 101-45100-415 Other Equipment Rentals $159.75 A-333724 Rental -Portable Bathrooms E 101-45100-415 Other Equipment Rentals $63.90 A-333729 Rental -Portable Bathrooms Total ON SITE SANITATION INC $766.80 Paid Chk# 025865 7/7/2008 PIPELINE SUPPLY, INC. E 482-49300-300 Professional Srvs (GENERAL) $159.04 S2508148.001 CH Landscape Total PIPELINE SUPPLY, INC. $159.04 Paid Chk# 025866 7/7/2008 PITNEY BOWES - POSTAGE E 101-41400-322 Postage $518.99 postage Total PITNEY BOWES - POSTAGE $518.99 Paid Chk# 025867 7/7/2008 PREMIER BANKS E 101-45000-596 Friendly City Days $100.00 2 $100 savings bond royalty 07 Total PREMIER BANKS $100.00 Paid Chk# 025868 7/7/2008 RUSSELL SECURITY RESOURCE INC. E 101-41940-405 Repair/Maint -Buildings $131.30 A13097 rekey old CH Total RUSSELL SECURITY RESOURCE INC. $131.30 M:\Public Data\City Council\Council Packet information\2008\07-07-08\07 07 2008 8-E-1 Payment Posted Batch.doc.rtf Page 5 of 8 Agenda Item No. O.E. I . Meeting Date July 7, 2008 25 Mayor and Council Communication — July 1, 2008 Finance — Payment of Claims Check Amt Invoice Comment 10100 Premier Bank Paid Chk# 025869 7/7/2008 S & T OFFICE PRODUCTS E 101-42400-200 Office Supplies (GENERAL) $65.13 01 MP8146 water for council, blue copy p E 101-42400-200 Office Supplies (GENERAL) $6.11 01 MP9011 yellow copy paper E 101-42400-200 Office Supplies (GENERAL) $36.80 01 MQ1341 certificate holder, certificat E 101-42400-200 Office Supplies (GENERAL) $26.50 01 MQ1347 business cards E 101-42400-200 Office Supplies (GENERAL) $84.35 01 MQ3275 paper Total S & T OFFICE PRODUCTS $218.89 Paid Chk# 025870 7/7/2008 SCHARBER & SONS E 101-45100-404 Repair/Maint - Machinery/Equip $120.61 01 1004059 arm, spacer Total SCHARBER & SONS $120.61 Paid Chk# 025871 7/7/2008 SCHISSEL, MARIE G 101-22900 Rental Deposit Escrow $100.00 Refund Damage Deposit Total SCHISSEL, MARIE $100.00 Paid Chk# 025872 7/7/2008 SENTRY SYSTEMS, INC. E 101-45100-405 Repair/Maint Buildings $31.89 Alarm Pks E 101-43100-405 Repair/Maint - Buildings $30.11 Alarm PW E 101-42000-405 Repair/Maint Buildings $4.21 Alarm FD E 101-42000-405 Repair/Maint - Buildings $29.23 Alarm FD Total SENTRY SYSTEMS, INC. $95.44 Paid Chk# '025873 7/7/2008 SOLEM, JEFF G 101-22900 Rental Deposit Escrow $100.00 Refund Damage Deposit Total SOLEM, JEFF $100.00 Paid Chk# 025874 7/7/2008 ST. MICHAEL, CITY OF E 101-45000-598 Pledges & Contributions $3,136.96 Library payment July -Sept 2008 E 101-45000-598 Pledges & Contributions $3,447.17 Senior Center Payment July -Sep Total ST. MICHAEL, CITY OF $6,584.13 Paid Chk# 025875 7/7/2008 STEFFENS BROS. MEATS, INC. E 101-42050-437 Misc. Donations $13.9.94 hotdogs for open house FD Dona Total STEFFENS BROS. MEATS, INC. $139.94 Paid Chk# 025876 7/7/2008 STORM FENCE REPAIR & MORE E 101-45100-530 Improvements $1,080.00 Install 48" 9 Gauge around 2 b Total STORM FENCE REPAIR & MORE $1,080.00 Paid Chk# 025877 7/7/2008 SUNRISE PLUMBING E 602-49400-404 Repair/Maint - Machinery/Equip $126.00 9623 replace adapter Total SUNRISE PLUMBING $126.00 Paid Chk# 025878 7/7/2008 T & S TRUCKING OF BUFFALO, INC E 101-41000-300 Professional Srvs (GENERAL) $344.50 278 sweeping FCD 6/08 E 101-45000-596 Friendly City Days $344.50 278 sweeping FCD 6/08 Total T & S TRUCKING OF BUFFALO, INC $689.00 Paid Chk# 025879 7/7/2008 T C HOMES, INC G 101-22800 Landscaping Escrow $2,750.00 Refund landscape escrow 5243 K Total T C HOMES, INC $2,750.00 M:\Public Data\City Council\Council Packet information\2008\07-07-08\07 07 2008 8-E-1 Payment Posted Batch.doc.rtf Page 6 of 8 Agenda Item No. B.E. I . Meeting Date July 7, 2008 26 Mayor and Council Communication — July 1, 2008 Finance — Payment of Claims Check Amt Invoice Comment 10100 Premier Bank Paid Chk# 025880 7/7/2008 TERMINAL SUPPLY CO E 601-49450-210 Operating Supplies (GENERAL) $89.42 93287-00 crimper, connectors Total TERMINAL SUPPLY CO $89.42 Paid Chk# 025881 7/7/2008 TOWNE LAKE TRADITIONAL HOME G 101-22900 Rental Deposit Escrow $100.00 refund damage deposit Total TOWNE LAKE TRADITIONAL HOME $100.00 Paid Chk# 025882 7/7/2008 TRI-ANIM HEALTH SERVICES E 101-42000-230 Medical Supplies $89.41 MMH81690803 Medical Supplies Total TRI-ANIM HEALTH SERVICES $89.41 Paid Chk# 025883 7/7/2008 TROUT ELECTRICAL CONTRACTORS E 601-49450-404 Repair/Maint - Machinery/Equip $45.00 8007 troubleshhot claifier, adjust E 805-00000-300 Professional Srvs (GENERAL) $2,530.00 8008 move meterbase from park shelt Total TROUT ELECTRICAL CONTRACTORS $2,575.00 Paid Chk# 025884 7/7/2008 TRYCO LEASING INC E 101-41400-413 Office Equipment Rental $689.62 Copier lease Total TRYCO LEASING INC $689.62 Paid Chk# 025885 7/7/2008 VIKING INDUSTRIAL CENTER E 101-42050-437 Misc. Donations $8.53 91343 FD Plate for waterball trophy Total VIKING TROPHIES, INC. $8.53 Paid Chk# 025886 7/7/2008 VIKING TROPHIES, INC. E 101-42050-437 Misc. Donations Total VIKING TROPHIES, INC. Paid Chk# 025887 7/7/2008 WASTE MANAGEMENT E 101-42000-384 Refuse/Garbage Disposal Total WASTE MANAGEMENT $74.66 91460 Trophy plate waterball - FD Do $74.66 $57.09 1807969-1593- 11350 57th Street NE June/July $57.09 Paid Chk# 025888 7/7/2008 WATER LABORATORIES INC E 601-49450-218 Testing Expenses $1,006.00 349 Testing Expense (CBOD-5) Total WATER LABORATORIES INC $1,006.00 Paid Chk# 025889 7/7/2008 WESTSIDE WHOLESALE TIRE E 101-45100-404 Repair/Maint -Mach inery/Eq u ip $151.27 602898 tire mount, 25x1200x9 carlisle Total WESTSIDE WHOLESALE TIRE $151.27 Paid Chk# 025890 7/7/2008 WRIGHT CTY SHERIFFS PATROL E 101-42110-307 Police Contract Fees $39,528.00 Patrol-08-6 June Sherrif Billing Total WRIGHT CTY SHERIFFS PATROL $39,528.00 Paid Chk# 025891 7/7/2008 WRIGHT RECYCLING E 101-43200-308 Recycling Contract Fee $4,500.00 07-2008 5/1 , 5/15, 5/29 Service Total WRIGHT RECYCLING $4,500.00 M:\Public Data\City Council\Council Packet information\2008\07-07-08\07 07 2008 8-E-1 Payment Posted Batch.doc.rtf Page 7 of 8 Agenda Item No. 8. i.+ . 1. . Meeting Date July 7, 2008 27 Mayor and Council Communication — July 1, 2008 Finance — Payment of Claims Page 8 of 8 Check Amt Invoice Comment 10100 Premier Bank Paid Chk# 025892 7/7/2008 WRIGHT-HENNEPIN COOPERATIVE E 101-45100-381 Electric Utilities $243.69 pks E 101-43160-381 Electric Utilities $414.05 Street Lighting E 601-49450-381 Electric Utilities $108.26 lift stations Total WRIGHT-HENNEPIN COOPERATIVE $766.00 Paid Chk# 025893 7/7/2008 XCEL ENERGY E 601-49450-381 Electric Utilities $49.49 07-2008 5900 Cty Rd 18 unit sewer E 101-43160-381 Electric Utilities $29.30 226463404 11750 County Rd 37 Unit Signal E 101-43160-381 Electric Utilities $1,606.92 226529076 service 5/6/08 - 614/08 E 101-43160-381 Electric Utilities $23.81 226573253 11830 51st Street NE Direction E 101-41940-381 Electric Utilities $21.89 226573527 5998 Labeaux Avenue NE Directi E 101-45100-381 Electric Utilities $3.34 226573769 5799 Lander Avenue NE Fire Sir E 101-43160-381 Electric Utilities $35.47 5146897849508 11060 61st Signal E 601-49450-381 Electric Utilities $4,314.82 5146897849508 11728 63rd E 601-49450-381 Electric Utilities $323.82 5146897849508 11200 60th lift station E 101-45100-381 Electric Utilities $8.52 5146897849508 picnic shelter E 601-49450-381 Electric Utilities $45.03 5146897849508 11942 63rd lift station E 601-49450-381 Electric Utilities $37.69 5146897849508 4940 Kaiser Sewer E 101-45100-381 Electric Utilities $8.82 5146897849508 park shelter E 101-41940-381 Electric Utilities $32.97 5146897849508 6002 Main E 101-43160-381 Electric Utilities $52.08 5146897849508 5050 Labeaux signal E 101-43160-381 Electric Utilities $43.78 5146897849508 5050 Lebeaux signal E 101-43100-381 Electric Utilities $296.19 5146897849508 11822 63rd E 101-42000-381 Electric Utilities $211.55 5146897849508 11350 57th E 101-45100-381 Electric Utilities $200.04 5146897849508 1401 58th park E 101-41940-381 Electric Utilities $200.00 5146897849508 energy audit old CH E 101-41940-381 Electric Utilities $119.32 5146897849508 protective Igt chgs E 101-41940-381 Electric Utilities $66.22 5146897849508 5975 Main E 101-43160-381 Electric Utilities $58.31 5146897849508 5300 Labeaux signal E 101-42400-381 Electric Utilities $53.55 5146897849508 Old PW Bldg Total XCEL ENERGY $7,842.93 Paid Chk# 025894 7/7/2008 YOUTHS SAFETY COMPANY E 101-42050-437 Misc. Donations $289.15 102252 Total YOUTHS SAFETY COMPANY $289.15 10100 Premier Bank $405,602.58 Fund Summary 10100 Premier Bank 101 GENERAL FUND $90,094.05 102 CAPITAL OUTLAY RESERVE $10,565.00 203 REVOLVING LOAN $594.04 354 1999 LEASE/REVENUE $6,627.08 358 Lease Revenue Bond 2004 $42,343.75 360 CSAH 19, 2007A $66,045.00 361 Latchman, 2007A $22,005.00 362 Industrial Park, 2007A $41,360.00 482 CITY HALL 2004-5 $1,109.04 494 CSAH 19 & 50th St. (South 19) $172.50 601 SEWER FUND $22,398,46 602 WATER FUND $58,576.66 604 STORM WATER $41,182.00 805 Albertville Friendly City Days $2,530.00 $405,602.58 fire hats, open house FD donat M:\Public Data\City Council\Council Packet information\2008\07-07-08\07 07 2008 8-E-1 Payment Posted Batch.doc.rtf Agenda Item No. S.E.I.. Meeting Date July 7, 2008 L—A E—= ,, Consulting Engineers & Surveyors 7533 Sunwood Drive NW • Suite 206 • Ramsey, MN 55303 Phone (763) 433-2851 • FAX (763) 427-0833 June 27, 2008 Mr. Larry Kruse, City Administrator City of Albertville 5959 Main Avenue NE, P.O. Box 9 Albertville, MN 55301-0009 RE: Flood Mitigation Project City of Albertville, MN BMI Project No.: T15.21926 Dear Mr. Kruse: Enclosed please find invoice no. D13042-0002 from Midwest Landscapes with a total due of $8,877.00. This invoice is for the completion of the required landscaping around the flood mitigation pond and includes the planting of 31 trees, which was completed in May of this year. For your information, Albertville was required to plant a total of 57 trees around the pond per the St. Michael approved landscape plan. Last fall, only 26 trees were planted due to construction of the diversion berm on the west side of the pond. Also, for your information, the total cost to furnish and install the required landscaping was $16,030. Bolton and Menk has reviewed the completed work and recommends payment to Midwest Landscapes in the amount of $8,877.00 Please contact me if you have any questions regarding this estimate. Sincerely, BOLTON & MENK, INC. Adam Nafstad, P.E. Assistant City Engineer Enclosure — Invoice # D13042-0002 cc: Tina Lannes — Finance Director Bridget Miller — City Clerk M:\Public Data\City Council\Council Packet information\2008\07-07-08\07 07 2008 8-E-1 Landscaping (support document).doc Agenda Item No. O. E. J . Meeting Date July 7, 2008 29 MIDWEST LANDSCAPES Date 5/19/08 Attn: Adam Nafstad Bolton &Menk, Inc. STMA Pond Area 7533 Sunwood Drive #206 St. Michael, MN Ramsey, MN 55303 763-433-2851 DUE: Net 30 Days Cust #: Bolton & Menk Invoice # D13042-0002 Quantity Description Unit Price Extended Price 5 EA Northwoods Red Maple 2.5" 344DO 1,720.00 7 EA Hackberry 2.5" 288.00 2,016.00 4 EA Patmore Ash 2.5" 177.00 708.00 12 EA Swamp White Oak 25' 281.00 3,372.00 2 EA Black Hills Spruce 6' 209.00 418.00 1 EA Colorado Spruce 6' 209.00 209.00 31 EA Shredded Hardwood Rings 14.00 434.00 NOTES: Sales tax paid by Midwest landscapes. Prices shown are installed prices. TOTAL. DUE: $8,877.00 Bolton & Menk; 6221 Oakwood Ave.. NE Otsego, MN 66330 PH: 763-241-1320 FX: 763-241-1340 A.1bertvi lle Mayor and Council Communication June 25, 2008 SUBJECT: FINANCE DEPARTMENT REPORT RECOMMENDATION: This space on the agenda is reserved for the City Council to consider the Finance Department Accounts Receivable Report, Capital Projects Report and other Financial Matters. BACKGROUND: Space is reserved on the Council agenda to accommodate the Mayor and Council to review and ask questions about the Monthly Finance Reports. ACCOUNTS RECEIVABLE Total accounts receivable outstanding through June 25, 2008 is $126,649.87. The percentage of the total due based on the aging report is as follows: 0-30 days outstanding $95,598.46 75.48% 30-60 days outstanding $ 4,110.64 3.25% 60-90 days outstanding $ 3,281.61 2.59% Over 90 days outstanding $23,659.16 18.68% The majority of the over 90 days outstanding are due to Albertville Holdings, Edina Development, Gold Key, Schuett Group, and Towne Lakes. CAPITAL PROJECTS Fund 473 204 482 470 482 468 501 494 493 492 499 Agenda Item No. 8. E.2. Meeting Date July 7, 2008 31 Project Total Contract Paid to Date Retaina a Difference 2004 Prairie Run $1,595,233.53 $1,567,701.19 62,266.71 $27,532.34 Hunter Pass Lift Station $127,600.00 $111,878.59 5,888.00 $15,721.41 City Hall $3,113,287.00 $3,014,904.85 $98,382.15 37 Trail $241,522.75 $226,608.96 $14,913.79 Cit Hall Parkin Lot $47,756.36 $47,756.36 194 Project $1,124,347`86 $1,124,347.86 Phil Morris Lift Station $109,524.26 $109,524.26 CSAH 19 South $1,419,203.20 $1,419,203.20 CSAH 19 North $10,325.50 $9,588.50 52nd Street/Industrial Park $986,036.21 $986,036.21 Lachman $120,646.98 $119,954.23 Mayor and Council Communication - June 25, 2008 Finance Director - Monthly Report Page 2 of 4 2ND QUARTER BUDGET To ACTUAL 2008 Council Update GENERALFUND 31010 32100 32110 32120 32150 32210 32240 33401 33405 33406 33422 33620 34000 34101 34001 34050 34103 34105 34106 34107 34302 34780 34950 35000 36210 Budget 6/22/2008 Budget M:\Public Data\Finance\2008\07 07 2008 Finance Report.doc ��++ Agenda Item No. 8. L.2. Meeting Date July 7, 2008 32 General Fund Revenue: 2008 2008 Actual % of Budget 6/22/2008 Budget Current Ad Valorem Taxes 2,144,172 25,081 1.2% Business Licenses &Permits 35,000 59,601 170.3% Liquor Licenses 25,000 28,970 115.9% 3.2 Li uor Licenses 150 80 53.3% Sign Permits 2,400 2,438 101.6% Building Permits 300,000 41,012 13.7% Animal Licenses 700 340 48.6% Local Government Aid - - 0.0% Police Aid 20,000 - 0.0% Fire Aid 55,000 - 0.0% Other State Aid Grants 8,500 4,502 53.0% Count Grants &Aids 10,000 2,549 25.5% Charges for Services 6,000 14,261 237.7% Lease Payments - City Property 20,000 9,803 49.0% Administration Fees 259,336 724 0.3% Developer Fees 100,000 - 0.0% Zoning &Subdivision 10,500 850 8.1% Plan Check fee 60,000 19,858 33.1% Sale of Maps 200 37 18.5% PID/Le al Description Requests 500 - 0.0% Title Searches 500 120 24.0% Fire Protection Contract Charges 92,220 32,288 35.0% Park/City Hall Rental Fees 4,000 3,971 99.3% Other Revenues 7,000 10,920 156.0% Fines &Forfeits 200 500 250.0% Interest Earnings 120,000 7,584 6.3% En ineer/As builts 15,000 600 4.0% Reserves - Total Revenues $ 3,296,378 $ 266,088 8.1% 41100 Council 46,344 15,877 34.3% 41300 Administrator 127,960 61,834 48.3% 41400 City Clerk 136,003 63,709 46.8% 41410 Elections 9,000 - 0.0% 41500 Financial Administration 113,465 56,149 49.5% 41550 City Assessor 35,000 31,973 91.4% Mayor and Council Communication - June 25, 2008 Finance Director - Monthly Report Page 3 of 4 41600 City Attorney 35,400 12,470 35.2% 41700 City En ineer 65,000 21,010 32.3% 41800 Economic Development 8,500 5,970 70.2% 41910 Planning & Zoning 34,934 10,008 28.6% 41940 City Hall 116,700 32,320 27.7% 42000 Fire Department 432,753 58,389 13.5% 42110 Police 474,000 197,640 41.7% 42400 Building Inspection 417,931 97,884 23.4% 42700 Animal Control 3,500 1,518 43.4% 43100 Public Works - Streets 485,145 124,260 25.6% 43160 Street Lighting 75,000 26,116 34.8% 43200 Recycling 46,500 17,594 37.8% 45000 Culture & Recreation 40,927 17,842 43.6% 45100 Parks & Recreation 192,317 78,340 40.7% Capital Reserves/1-94 400,000 - 0.0% Total Expenditures $ 3,296,378 $ 930,903 28.2% Second (2nd) Quarter 2008 un-audited General Fund Summary of Revenues and Expenditures. Both Revenues and expenditures should be at 50%. Revenues are at 8.1% and Expenses are at 28.2%. VARIANCES Revenue: o First half property tax settlement is not received until July o Business licenses are over 50% due to franchise fee from Charter o Liquor Licenses are over 50% renewal is April o Sign Permits are over 50% billboard renewal is April o Building permit activity still down o Police & Fire Aid are not received until October o Charges for service $10,000 is from the bus accident o Administration fees are a journal entry done in July and December o Fire protection 2nd quarter payments are due July o Rental fees are over 50% due to baseball fees are due in April/May o Other Revenues is over 50% due to refunds, rebates and copies for attorneys CSAH 19 o Fine and Forfeits are over 50% due to gas spill I-94 Expenses: o Elections - Activity starts in August o City Assessor - Majority of work completed contract payment due April o Economic Development - Property Taxes Due M:\Public Data\Finance\2008\07 07 2008 Finance Report.doc Agenda Item No. O..L' .2. Meeting Date July 7, 2008 Mayor and Council Communication — June 25, 2008 Finance Director — Monthly Report Page 4 of 4 o Fire Department —Second quarter payroll not until July, Administrative fees journal entry not done until July o Building Inspections — Administrative fees journal entry not done until July o Capital Reserves/1-94 — transferred at end of each year BUDGET WORKSHOP Staff recommends that council sets two budget workshops in August to review the 2009 budget. The preliminary budget must be approved at the first meeting in September, which staff needs to submit to Wright County No Later than September 10, 2008. The two dates suggested by staff would be Monday, August I lth and Monday, August 251h at 7:00 PM. KEY ISSUES: • Gold Key and Edina Development outstanding bills may not be collectable • Albertville Holdings bill have been turned over to the City Attorney for collection POLICY CONSIDERATIONS: The Mayor and Council review monthly financial reports. FINANCIAL CONSIDERATIONS: There are no financial considerations at this time. LEGAL CONSIDERATIONS: The Mayor and Council have the authority to review and direct staff to take action regarding all financial matters. Respectfully submitted, Larry R. se City Administrator Department/Responsible Person: Finance/Tina Lannes, Finance Director Attachments: none M:\Public Data\Finance\2008\07 07 2008 Finance Report.doc Agenda Item No. 8..2. Meeting Date July 7, 2008 �b£r"tV1ll£ Mayor and Council Communication June 10, 2008 SUBJECT: 0 CITY CLERK —ALBERTVILLE LIONS CLUB TWO-YEAR GAMBLING LICENSE (PERMIT) RECOMMENDATION: This space on the agenda is reserved for the City Council to consider the application request submitted by the Albertville Lions Club to sell Pull -tab's, Tip cards, Paddlewheels, and Raffles at Cedar Creek Bar & Grill. It is respectfully requested that the Mayor and Council consider the following motion: Motion to approve Resolution No. 2008-036 entitled a Resolution Approving a new Class B Gambling License for the Albertville Lions Club that includes Pull -Tab's, Tip Cards, Paddlewheels, and Raffles at Cedar Creek Bar & Grill located at 11166 County Road 37 NE within the Albertville city limits. BACKGROUND: Space is reserved on the Council agenda to accommodate the Mayor and Council to review and ask questions about the gambling and or liquor license applications that are submitted to the City Clerk. KEY ISSUES: • Albertville Lions Club has submitted an application for a Two -Year Gambling License - Permit to sell Pull -tab's, Tip cards, Paddlewheels, and Raffles at Cedar Creek Bar & Grill located within the Albertville city limits • It is the City's policy to review and approve gambling permit application for the selling of Pull -tab's, Tip cards, Paddlewheels, and Raffles at establishments within the Albertville city limits. POLICY CONSIDERATIONS: The Mayor and City Council review applications for Gambling Permits and Liquor Licenses within the Albertville city limits. FINANCIAL CONSIDERATIONS: There is no financial revenue collected from the applicant for the gambling permit; however there is financial revenue collected from the applicant for liquor licensing. LEGAL CONSIDERATIONS: The Mayor and City Council have the authority to review and direct staff to take action regarding all gambling permit and liquor license applications received by the City of Albertville. Res ectfully submitted, arry R. se City Administrator Department/Responsible Person: Administration/Bridget Miller, City Clerk Attachments: Resolution No. 2008-036 M:\Public Data\Requests for Council Actions (RCA)\2008\07 07 2008 8-F-1 Two -Year Gambling License (Lions) RCA.doc Agenda Item No. (7..[` . I. Meeting Date July 7, 2008 CITY OF ALBERTVILLE COUNTY OF WRIGHT STATE OF MINNESOTA RESOLUTION NO.2008-036 RESOLUTION APPROVING A NEW CLASS B GAMBLING LICENSE FOR THE ALBERTVILLE LIONS CLUB THAT INCLUDES PULL -TAB'S, TIP CARDS, PADDLEWHEELS, AND RAFFLES AT CEDAR CREEK BAR & GRILL LOCATED AT 5700 JASON AVENUE NE WITHIN THE ALBERTVILLE CITY LIMITS WHEREAS, the Albertville Lions Club has an application with the Minnesota Charitable Gambling Control Board for a new gambling license that includes pull -tabs, tip cards, paddlewheels, and raffles at the Cedar Creek Bar & Grill, 5700 Jason Avenue NE, Albertville, Minnesota; and WHEREAS, the Albertville Lions Club submitted said application to the State of Minnesota Charitable Gambling Control Board with the approval of the Albertville City Council at a public meeting conducted on Monday, July 7, 2008. NOW, THEREFORE, BE IT RESOLVED, the City Council of the City of Albertville hereby approves the application for the new application for a gambling license for the Albertville Lions Club at Cedar Creek Bar & Grill. Adopted by the City Council of the City of Albertville this 7th day of July 2008. Ron Klecker, Mayor Bridget Miller, City Clerk M:\Public Data\Resolutions\2008 Resolutions\R 2008-036 (Albertville Lions Gambling License -Cedar Creek).doc Agenda Item No. B.F. I . Meeting Date July 7, 2008 36 NORTHWEST ASSOCIATED CONSULTANTS, INC. 4800 Olson Memorial Highway, Suite 202, Golden Valley, MN 55422 Telephone: 763.231.2555 Facsimile: 763.231.2561 planners@nacplanning.com PLANNING REPORT TO: Albertville Honorable Mayor and City Council Larry Kruse FROM: Alan Brixius/ Carie Fuhrman DATE: June 27, 2008 RE: Albertville Railway Exchange Preliminary and Final Plat FILE NO: 163.05 — 08.03 RECOMMENDATION Staff recommends a motion to approve Resolution No. 2008-034, approving a preliminary and final plat, known as Albertville Railway Exchange, located along Main Avenue NE and the Burlington Northern Railroad right-of-way, within the City of Albertville. BACKGROUND The Planning and Zoning Commission met and held a public hearing on June 10, 2008 to consider the preliminary and final plat entitled, Albertville Railway Exchange. Upon review of the staff report and hearing public testimony, the Planning and Zoning Commission recommended that the City Council approve the Albertville Railway Exchange Preliminary and Final Plat. Encl.: Resolution No. 2008-034 Planning Report dated June 5, 2008 cc: Bridget Miller Jon Sutherland Tori Leonhardt Mike Couri Adam Nafstad M:\Public Data\City Council\Council Packet information\2008\07-07-08\07 07 2008 8-G-1 Albertville Railway Exchange Plat CC Planning Report 07 07 2008.doc Agenda Item No. 8. G . I. . Meeting Date July 7, 2008 37 NORTHWEST ASSOCIATED CONSULTANTS, INC. 4.800 Olson Memorial Highway, Suite 202, Golden Valley, MN 55422 Telephone: 763.231.2555 Facsimile: 763.231.2561 plan nerstc nacplanning.cot PLANNING REPORT TO: Larry Kruse FROM: Alan Brixius DATE: June 5, 2008 RE: Albertville Railway Exchange Preliminary and Final Plat FILE NO: 163.05 — 08.03 BACKGROUND The City has negotiated the purchase of excess railroad right-of-way from Burlington Northern Railroad. This right-of-way, located within Albertville's Downtown area, was purchased to facilitate additional investment in the Downtown area. Pending the purchase of the railroad right-of-way, the City opened discussion with the Downtown businesses and homeowners along 57th Street to determine their interest in acquiring land to expand their business and residential lots. In November 2007, the City Council and the local property owners agreed to a land trade and purchase of land based on the concept plan illustrated on the attached exhibit. With the City finally closing the land purchase with the railroad, the City is now pursuing a preliminary and final plat to formalize the division of land and complete the land sale to the various involved landowners. PLAT ANALYSIS The plat follows the November land trade concept. The land is zoned B-4, General Business District which has no minimum lot area or width requirements. The plat proposes four lots as follows: Lot Ownership Area Lot 1 City 15,747 square feet Lot 2 152 Club 56,680 square feet Lot 3 Geez 20,183 square feet Lot 4 Geez 1 6,470 square feet M:\Public Data\City Council\Council Packet information\2008\07-07-08\07 07 2008 8-G-1 Albertville Railway Exchange Plat Planners PC Report 06 10 2008.doc Agenda Item No. Q.G.I.- Meeting Date July 7, 2008 9 Mayor and Council Communication — June 5, 2008 NORTNWfSi ASSOCI FTED CONSULTANTS, INC. Planning — Albertville Railroad Exchange — Planner's Report rr Page 2 of 2 The commercial lots provide land area for the expansion of the local businesses along with needed parking. In 2007, the City approved a conditional use permit for outdoor dining with the condition that Geez provide its required off-street parking. Lot 4 is being purchased by Geez to satisfy this conditional use permit requirement. The 152 Club is pursuing a conditional use permit for outdoor dining and outdoor recreation to reconfigure its existing volley ball court and provide required. parking. Said improvements shall fit on Lot 2. Site access to Lots 2, 3, and 4 shall be provided by a mutual access easement between The 152 Club and Geez. This is a private access between the property owners. OUTLOTS The plat includes five outlots of various sizes. Outlots A, B, C, and D are being sold to the adjoining property owners to the south and west. Outlot E will be owned by the City for a stormwater retention area. RECOMMENDATION The acquisition and planning for this area has occurred over the last two years. The platting of the property, creating the new parcel, is one of the last steps before closing. Staff recommends approval of the preliminary and final plat entitled Albertville Railway Exchange. cc: Bridget Miller Jon Sutherland Tori Leonhardt Mike Couri Adam Nafstad M:\Public Data\City Council\Council Packet information\2008\07-07-08\07 07 2008 8-G-1 Albertville Railway Exchange Plat Planners PC Report 06 10 2008.doc Agenda Item No. 8. G. I . Meeting Date July 7, 2008 FA CITY OF ALBERTVILLE COUNTY OF WRIGHT STATE OF MINNESOTA RESOLUTION NO.2008-034 RESOLUTION APPROVING A PRELIMINARY AND FINAL PLAT, KNOWN AS ALBERTVILLE RAILWAY EXCHANGE, LOCATED ALONG MAIN AVENUE NE AND THE BURLINGTON NORTHERN SANTAFE RAILROAD RIGHT-OF-WAY, WITHIN THE CITY OF ALBERTVILLE WHEREAS, the City of Albertville has submitted an application for a Preliminary and Final Plat, known as Albertville Railway Exchange, on the properties legally described as follows: Lot 1, Lot 2, Lot 3, Lot 4, Outlots A, B, C, D, and E, Albertville Railway Exchange. WHEREAS, City staff has reviewed submitted plans and prepared a planning report dated Thursday, June 5, 2008; and WHEREAS, the Albertville Planning and Zoning Commission met and held a public hearing on Tuesday, June 10, 2008 to consider the Preliminary and Final Plat; and WHEREAS, upon review of the staff report and hearing public testimony, the Albertville Planning and Zoning Commission recommended that the Albertville City Council approve the Albertville Railway Exchange preliminary and final plat application. WHEREAS, the Albertville City Council has received the Albertville Railway Exchange Preliminary Plat dated May 27, 2008, staff review documents, and the Albertville Planning and Zoning Commission recommendation, and agrees with the findings and recommendation of the Albertville Planning and Zoning Commission. NOW, THEREFORE BE IT RESOLVED, that the City Council of Albertville, Minnesota hereby approves the preliminary and final plat, known as Albertville Railway Exchange, subject to the attached Findings of Facts and Decision. Findings of Fact: Based on review of the evidence received, the City Council now makes the following finding of fact and decision: A. The site legally described as Lots 1, 2, 3, and 4, Outlots A, B, C,D, and E, Albertville Railway Exchange. B. The planning report dated June 5, 2008 from Northwest Associated Consultants is incorporated herein. C. The proposed use can be accommodated with existing public services and will not overburden the City's service capacity. MAPublic Data\Resolutions\2008 Resolutions\draft\07 07 2008 planning Albertville Railway Exchange Pre & Final Plat RESOLUTION 06 11 2008.doc Agenda Item No. 8. G.1. . Meeting Date July 7, 2008 41 Mayor and Council Communication — June 27, 2008 Planning — Albertville Railroad Exchange - Resolution No. 2008-034 Page 2 of 2 D. Traffic generated by the proposed use is within capabilities of streets serving the property as proposed. E. The requirements of the 2005 Albertville Municipal City Code Appendix A - Zoning Section have been reviewed in relation to the proposed use. F. The proposed actions have been considered in relation to the specific policies and provisions of, and have been found to be consistent with, the Comprehensive Plan. G. The subject site is zoned B-4, General Business District. The proposed use is consistent with permitted uses within the B-3 District and will be compatible with present and future land uses of the surrounding area. H. The proposed use conforms to applicable 2005 Albertville Municipal City Code Appendix A - Zoning Section performance standards. I. The proposed use will not tend to or actually depreciate the area in which it is proposed. Decision: Based on the foregoing information and applicable ordinances, the City Council hereby APPROVES the preliminary and final plat, known as Albertville Railway Exchange, based on the most current plans dated May 27, 2008 and information received to date. Adopted by the Albertville City Council this 7th day of July, 2008. Ron Klecker, Mayor Bridget Miller, City Clerk M:\Public Data\Resolutions\2008 Resolutions\draft\07 07 2008 planning Albertville Railway Exchange Pre & Final Plat RESOLUTION 06 11 2008. doe Agenda Item No. 8.1 T.1. Meeting Date July 7, 2008 42 � g � GG EEgBOGY:§$$§¢ g gggq3 ,gg 3 ••®->b®•e®aoeooaEd�•p>k® i� I � I I E- m�a�� RIM �d� i 71 bYY$S�� gg gg 4Y R yp} € g c 1 S$ 8 A 9& 8 8 9 4a8F4 § 9 � k/1 424 pR N O O A .a Z O 8 � a � 750 sqR J ar A i!1 m C xC W d m AO '152 0 Z � Club and GEEZ 9 Vol Land Trade -. 14 NORTHWEST ASSOCIATE© CONSULTANTS, INC. 4800 Olson Memorial Highway, Suite 202, Golden Valley, MN 55422 Telephone: 763.231.2555 Facsimile: 763.231.2561 plan nersr@x.nacplanning.com PLANNING REPORT TO: Albertville Honorable Mayor and City Council Larry Kruse FROM: Alan Brixius/ Carie Fuhrman DATE: June 27, 2008 RE: Albertville — 152 Club Outdoor Dining and Recreational Uses Conditional Use Permit FILE NO: 163.06 — 08.09 RECOMMENDATION Staff recommends a motion to approve Resolution No. 2008-035, approving the re- establishment of the existing outdoor dining and outdoor recreation activities for the 152 Club, located at 5794 Main Avenue NE within the City of Albertville. BACKGROUND The Planning and Zoning Commission met and held a public hearing on June 10, 2008 to consider the conditional use permit. Upon review of the staff report and hearing public testimony, the Planning and Zoning Commission recommended that the City Council approve the conditional use permit to re-establish the existing outdoor dining and outdoor recreation activities for the 152 Club, subject to conditions. The attached resolution reflects the conditions placed upon the recommended approval by the Planning and Zoning Commission. The following outlines the changes that were made to the conditions, as stated in the original Staff Report dated June 5, 2008: 1) A condition was added by staff that the Conditional Use Permit for the outdoor dining and outdoor recreation activities for the 152 Club would be subject to approval of the Railway Exchange Final Plat and finalization of the downtown land trades and lot purchases. M:\Public Data\City Council\Council Packet infonnation\2008\07-07-08\07 07 2008 8-G-2 152 Club Planning CUP Report CC Meeting 07 072008.doc Agenda Item No. 8. G.2. Meeting Date July 7, 2008 43 Mayor and Council Communication — June 5, 2OO8 NORTHWEST AESOL IAtED CONSULTANTS INC. Planning —152 Club Conditional Use Permit — Council packet r A,r.mrtr., Page 2 of 3 2) Condition #4 was amended: The following language was added by staff verbally at the meeting, to be placed after "the City Code":... unless exceptions are approved by the City Council 3) Condition #5 was amended: Staff initially recommended that the volleyball events should end by 11:OOpm; however, the Planning Commission changed the recommendation to 10:00pm with court lighting being turned off, except six (6) times per year with a schedule being provided to the City. It was also added that this shall be reviewed within one year to determine if the operation is causing any noise or nuisance issues. This is subject to Council review. 4) Condition #7 was added: Revaluate the outdoor dining permit to determine if the operation is causing any nuisance issues, including re-examining the parking demand, within one year of CUP approval. The City will require a fence along the south line of the parking lot (removed from 3.c.). Encl.: Resolution No.: 2008 — 035 Planning Report dated June 5, 2008 Bridget Miller Jon Sutherland Tori Leonhardt Mike Couri Adam Nafstad M:\Public Data\City Council\Council Packet information\2008\07-07-08\07 07 2008 8-G-2 152 Club Planning CUP Report CC Meeting 07 07 2008.doc Agenda Item No. 8.G.2. Meeting Date July 7, 2008 M NORTHWEST ASSOCIATED CONSULTANTS, INC. 4800 Olson Memorial Highway, Suite 202, Golden Valley, MN 55422 Telephone: 763.231.2555 Facsimile: 763.231.2561 plan ners@nacplanning.com PLANNING REPORT TO: Larry Kruse FROM: Alan Brixius DATE: June 5, 2008 RE: Albertville — 152 Club Outdoor Dining and Recreational Uses FILE NO: 163.06 — 08.09 BACKGROUND In November 2007, the City and the owners of the 152 Club came to an agreement for exchanging and purchase of land to facilitate some Downtown improvements. Through this negotiated land acquisition, the 152 Club will now own Lot 2 of Block 1 of the Albertville Railway Exchange plat. As part of the negotiation, the City would allow for the re-establishment of the existing outdoor dining and outdoor recreation activities entirely on Lot 2, Block 1 through a conditional use permit. ANALYSIS Zoning. The site is zoned B-4, General Business. This zoning district allows hospitality businesses (restaurant/tavern) and commercial recreational uses as permitted uses. Outdoor dining is a conditional use. Lot Area/Setbacks. The B-4 District has no lot area and width standards. Lot 2, Block 1 is 56,680 square feet in area. The building and volleyball courts meet all required setbacks. Outdoor Dining. The following conditions must be met for the outdoor dining conditional use permit: A. The applicant shall be required to submit a site plan and other pertinent information demonstrating the number, location and type of all tables, refuse receptacles, and wait stations. M:\Public Data\City Council\Council Packet information\2008\07-07-08\07 07 2008 8-G-2 152 Club CUP Planners Report to PC meeting 06 10 2008.doc Agenda Item No. 8. G.2. Meeting Date July 7, 2008 45 Mayor and Council Communication — June 5, 2008 s NORTHWEST ASSOCIATED CONSULTANTS. INC Planning —152 Club Conditional Use Permit — Planner's Report - u, Page 2 of 6 The applicant must provide a plan that identifies the aforementioned seating arrangement to identify customer capacity of the outdoor dining area. B. Access to the dining area shall be provided only via the principal building if the dining area is a full service restaurant or tavern, including table waiting service. All exit gates shall be marked "exit only" and shall meet all Building Code requirements. The entire outdoor dining and recreation area shall be enclosed by a six foot fence. The applicant must apply for a fence permit and illustrate gate locations. Exits from the fence shall have latches that only allow egress from the outdoor dining area. All access to the outdoor dining/recreation area must be through the principal building. Gates must be monitored to avoid any alcohol consumption outside the buildings or fenced area. C. The size of the dining area is restricted to 75 percent of the gross area of the current building and shall maintain the lot requirements of the district. In defining the dining area, the applicant must restrict it to an area that does not exceed 75 percent of the gross area of the current building. D. The dining area is screened from view from adjacent residential uses. The outdoor dining and recreational activities shall be enclosed within a six foot high board -on -board fence. E. All lighting shall be hooded at 90 degrees and directed away from adjacent properties. No luminaries shall extend beyond the 90 degree cutoff. The applicant's current light fixtures will be duplicated for the third court. These fixtures are box lights with a flat lens to direct lighting to the volleyball courts without casting glare to adjoining properties. The applicant will be adding a light to the parking lot. This parking light shall be the same fixture as the volleyball court and constructed with a 90 degree cutoff to avoid light glare to the homes along 57t" Street. F. No outdoor dining shall be allowed on the public sidewalk. The proposal meets this standard. M:\Public Data\City Council\Council Packet information\2008\07-07-08\07 07 2008 8-G-2 152 Club CUP Planners Report to PC meeting 06 10 2008.doc Agenda Item No. 8.G.2. Meeting Date July 7, 2008 M Mayor and Council Communication — June 5, 2008 NORTHWEST ASSO{IATED <ONSDITANTS INC. Planning —152 Club Conditional Use Permit — Planner's Report Page 2 of 6 G. The dining area is surfaced with concrete, bituminous or decorative pavers or may consist of a deck with wood or other flooring material that provides a clean, attractive, and functional surface. The existing deck satisfies this requirement. If the dining area is to be expanded, the applicant will need to respond to this requirement. H. A minimum width of 36 inches shall be provided within aisles of the outdoor dining area. The applicant must demonstrate compliance. Off-street parking shall be adequate for both indoor and outdoor seating areas. Lot 2, Block 1 provides sufficient area to provide off-street parking for the 152 Club. Through the land negotiation, it was agreed that the re-establishment of the volleyball courts would not mandate a paved parking surface. Approval of this conditional use permit will not require a paved parking lot, however, the following conditions should be imposed: 1. The applicant must give the City a plan that shows the full use of the area inside the fence to allow a parking calculation. 2. The site is currently being graded. The site should illustrate the limits of the parking area. The parking area must be set back at least five feet from the southern and eastern property lines. 3. The parking lot shall have a gravel surface. Areas disturbed that are not intended for parking must be planted with a ground cover to avoid mud, dust, or erosion. 4. A six foot fence shall be required where the parking lot abuts the single family neighborhood to the south. This would serve to screen the parking area from these homes and prevent trespassing between the commercial parking lot and this residential neighborhood. The fence will reduce issues of parking lot loitering, trespassing, litter, and other nuisance complaints. J. Refuse containers are provided for self-service outdoor dining areas. Such containers shall be placed in a manner which does not disrupt pedestrian circulation, and must be designed to prevent spillage and blowing littler. K. Property owners shall pick up litter within 100 feet of the patio area. M:\Public Data\City Council\Council Packet information\2008\07-07-08\07 07 2008 8-G-2 152 Club CUP Planners Report to PC meeting 06 10 2008. doc Agenda Item No. 8.G.2. Meeting Date July 7, 2008 WA Mayor and Council Communication — June 5, 2008 ` NORTHWEST ASSOCIATED CONSULTANTS INC. Planning —152 Club Conditional Use Permit — Planner's Report Page 2 of 6 The applicant must have a plan for control of litter. No food or beverages should leave the dining/recreation area. L. Live outdoor music performances shall meet the requirements of Section 5-5-3 of the City Code. The 152 Club has had live music in the past. All future events must comply with Section 5-5-3 of the City Code. M. No electronically amplified outdoor music, intercom, audio speakers, or other such noise generating devices shall be allowed in the outdoor sales area. The plan does not include any outdoor audio system. No outdoor audio system is allowed. N. No outdoor bar, cooking facility, food preparation or holding area shall be established. All food and beverage preparation shall occur within the principal building. O. The City Council may limit the hours of operation. The 152 Club shall be required to obtain an outdoor liquor license. This license will restrict outdoor sales and service of liquor between the hours of 12:00 AM (midnight) and 8:00 AM. Staff would also recommend that volleyball play end at 11:00 PM with court lighting being turned off. Site Grading. The site plan shows the construction of a retaining wall along the south side of the volleyball courts. This retaining wall will range from two to four feet in height. The retaining wall will be 20 feet from the closest property line. The retaining wall is necessary to provide level volleyball courts. The back of the site has been clear cut for the installation of the volleyball courts. All debris and tree stumps must be removed from the site. The site grading plan shows grading beyond their property lines into the railroad right- of-way. The site grading must be pulled back into the lot. This may influence the court design. M:\Public Data\City Council\Council Packet information\2008\07-07-08\07 07 2008 8-G-2 152 Club CUP Planners Report to PC meeting 06 10 2008.doc Agenda Item No. 8.G.2. Meeting Date July 7, 2008 M Mayor and Council Communication — June 5, 2008 & NORTHWEST ASSOCIATED CONSULTANTS. INC. Planning —152 Club Conditional Use Permit — Planner's Report Page 2 of b The volleyball courts will be designed with drain tile that will drain to the east. The grading plan must show where the stormwater will outlet and the drain to the stormwater areas to the east. Currently, much of the property has been disturbed through clear cutting and grading. The final plan must address: 1. Removal of the tree trunks and debris from the site. 2. The aforementioned drainage issues. 3. Grading shall not extend beyond the property lines of the 152 Club. 4. Definition of the proposed gravel parking area. 5. Restoration of the site with ground cover in areas not occupied by the volleyball courts or parking. RECOMMENDATION Staff recommends approval of the conditional use permit for outdoor dining and commercial recreational uses with the following conditions: 1. The applicant provide a site plan within the fenced area that identifies: a. Seating/tables. b. Trash receptacles. C. Outdoor dining area shall not exceed 75 percent of the gross floor area of the building. d. Dining area shall be either a deck or paved surface. 2. A fence permit is pursued. The fence shall provide for egress only from the outdoor areas. All access to the outdoor areas shall be through the principal building. 3. The applicant shall demonstrate adequate parking for both the interior and exterior seating areas. The site plan must show: a. The limits of the parking area. b. Parking lot setback of five feet. C. Fence along the south line of the parking lot. 4. No outdoor audio system. Live outdoor music must comply with Section 5-5-3 of the City Code. M:\Public Data\City Council\Council Packet information\2008\07-07-08\07 07 2008 8-G-2 152 Club CUP Planners Report to PC meeting 06 10 2008.doc Agenda Item No. 8. G.2. Meeting Date July 7, 2008 M Mayor and Council Communication — June 5, 2008 NORTHWEST ASSOCIATED CONSULTANTS, INC. Planning —152 Club Conditional Use Permit — Planner's Report 1-1-1 Page 2 of 6 5. Hours of operation shall be limited by the outdoor liquor sale license. Volleyball events shall end by 11:00 PM with courts lighting being turned off. 6. The grading plan shall be approved by the City Engineer with the following conditions: a. Removal of all tree trunks and debris from the site. b. Grading shall not extend beyond the property lines. C. Outlets for the drain tiles and drainage patterns must be approved by the City Engineer. d. Definition of the proposed parking lot. e. Restoration of ground cover or disturbed areas not occupied by required parking or the volleyball courts. c: Bridget Miller Jon Sutherland Tori Leonhardt Mike Couri Adam Nafstad Deb Holm (deborahholm@gmail.com) M:\Public Data\City Council\Council Packet information\2008\07-07-08\07 07 2008 8-G-2 152 Club CUP Planners Report to PC meeting 06 10 2008-doe Agenda Item No. 8.G.2. Meeting Date July 7, 2008 50 CITY OF ALBERTVILLE COUNTY OF WRIGHT STATE OF MINNESOTA RESOLUTION NO. 2008-035 RESOLUTION APPROVING A CONDITIONAL USE PERMIT (CUP) TO RE-ESTABLISH THE EXISTING OUTDOOR DINING AND OUTDOOR RECREATION ACTIVITIES FOR THE 152 CLUB LOCATED AT 5794 MAIN AVENUE NE WITHIN THE CITY OF ALBERTVILLE WHEREAS, the 152 Club has submitted an application for a conditional use permit (CUP) to re- establish the existing outdoor dining and outdoor recreation activities for the property legally described as follows: Lot 2, Block 1, Albertville Railway Exchange Plat WHEREAS, City staff has reviewed submitted plans and prepared a planning report dated Thursday, June 5, 2008; and WHEREAS, the Albertville Planning and Zoning Commission met and held a public hearing on Tuesday, June 10, 2008 to consider the Conditional Use Permit (CUP); and WHEREAS, upon review of the staff report and hearing public testimony, the Albertville Planning and Zoning Commission recommended that the Albertville City Council approve the Conditional Use Permit (CUP) application with the conditions outlined in the June 5, 2008 Planning Report and additional conditions recommended by the Albertville Planning and Zoning Commission; and WHEREAS, the Albertville City Council met on Monday, July 7, 2008 to consider the 152 Club conditional use permit (CUP) application; and WHEREAS, the Albertville City Council has received the 152 Club application, site plan, staff review documents, and the Albertville Planning and Zoning Commission recommendation, and agrees with the findings and recommendation of the Albertville Planning and Zoning Commission. NOW, THEREFORE BE IT RESOLVED, that the City Council of Albertville, Minnesota hereby approves the Conditional Use Permit (CUP) for the 152 Club, subject to the attached Findings of Facts and Decision. Findings of Fact: Based on review of the evidence received, the Albertville City Council now makes the following findings of fact and decision: A. The site is legally described as Lot 2, Block 1, Albertville Railway Exchange Plat. M:\Public Data\Resolutions\2008 Resolutions\draft\07 07 2008 planning 152 Club CUP RESOLUTION 06 11 2008.doc Agenda Item No. 8.l lr.2. Meeting Date July 7, 2008 51 Mayor and Council Communication — June 27, 2008 Planning —152 Club Resolution No. 2008-034 Page 2 of 3 B. The planning report dated June 5, 2008 from Northwest Associated Consultants is incorporated herein. C. The proposed use can be accommodated with existing public services and will not overburden the City's service capacity. D. Traffic generated by the proposed use is within capabilities of streets serving the property as proposed. E. The requirements of the 2005 Albertville Municipal City Code Appendix A - Zoning Section have been reviewed in relation to the proposed use. F. The proposed actions have been considered in relation to the specific policies and provisions of, and have been found to be consistent with, the Comprehensive Plan. G. The subject site is zoned B-4, General Business. The proposed use is consistent with permitted uses within the B-4 District and will be compatible with present and future land uses of the surrounding area. H. The proposed use conforms to applicable 2005 Albertville Municipal City Code Appendix A - Zoning Section performance standards. I. The proposed use will not tend to or actually depreciate the area in which it is proposed. Decision: Based on the foregoing information and applicable ordinances, the Albertville City Council hereby APPROVES the conditional use permit (CUP), based on the most current plans provided in the June 5, 2008 planning report and information received to date, subject to the following conditions: 1. Subject to approval of the Albertville Railway Exchange final plat and finalization of the downtown land trades and lot purchases. 2. The applicant shall provide a site plan within the fenced area that identifies: a. Seating/tables. b. Trash receptacles. c. Outdoor dining area, which shall not exceed 75 percent of the gross floor area of the building. d. Dining area shall be either a deck or paved surface. 3. A fence permit shall be requested and approval shall be received from the City. The fence shall provide for egress only from the outdoor areas. All access to the outdoor areas shall be through the principal building. M:\Public Data\Resolutions\2008 Resolutions\draft\07 07 2008 planning 152 Club CUP RESOLUTION 06 11 2008.doc r Agenda Item No. 8. V .2. Meeting Date July 7, 2008 52 Mayor and Council Communication — June 27, 2008 Planning —152 Club Resolution No. 2008-034 Page 3 of 3 4. The applicant shall demonstrate adequate parking for both the interior and exterior seating areas. The site plan must show: a. The limits of the parking area. b. Parking lot setback of five (5) feet. 5. No outdoor audio system. Live outdoor music must comply with Section 5-5-3 of the City Code, unless exceptions are approved by the City Council. 6. Hours of operation shall be limited by the City. Volleyball events shall end by 10:00 PM, with court lighting being turned off — except six (6) times per year with a schedule being provided to the City of those exceptions. This shall be reviewed within one year of CUP approval to determine if the operation is causing any noise or nuisance issues. 7. The grading plan shall be approved by the City Engineer with the following conditions: a. Removal of all tree trunks and debris from the site. b. Grading shall not extend beyond the property lines. C. Outlets for the drain tiles and drainage patterns must be approved by the City Engineer. d. Definition of the proposed parking lot. e. Restoration of ground cover or disturbed areas not occupied by required parking or the volleyball courts. 8. Revaluate the outdoor dining permit to determine if the operation is causing any nuisance issues, including re-examining the parking demand, within one year of CUP approval. The City will require a fence along the south line of the parking lot. Adopted by the Albertville City Council this 7th day of July, 2008. Ron Klecker, Mayor Bridget Miller, City Clerk M:\Public Data\Resolutions\2008 Resolutions\draft\07 07 2008 planning 152 Club CUP RESOLUTION 06 11 2008.doc Agenda Item No. 8. G.2. Meeting Date July 7, 2008 53 This is not a registered land s EXHIBIT A CONCEPT PLAN 55 20 S-,jT GRARINOB SiT EXHIBIf"' IT t� V1 L � � Z o EXHIBIT C COURT CROSS-SECT1O 07 C'9 W U) r, H uw ch U ly F- CJ W Li LU N 0 W 3 D CL t/? Q� ►!) T p m a- •� T U � v p � cv � IOL � co O ' a d Flo 1 I Li EXHIBIT D LIGHTING PLAN 58 Consulting Engineers & Surveyors 7533 Sunwood Drive NW • Suite 206 Ramsey, MN 553t13 Phone (763) 433-2851 • FAX (763) 427-0833 MEMORANDUM Date: June 27, 2008 To: The Honorable Mayor and City Council Cc: Larry Kruse, Albertville City Administrator From: Adam Nafstad, P.E., Assistant City Engineer Subject: Project Status Update The following is a brief project status update as of June 27, 2008: 1. 2008 Seal Coat Project & 2008 Overlay Project Both projects are currently out for advertisement and bids will be opened on July 14tb Staff will present the bids at the July 21 st Council meeting. 2. Franklin Property Sewer Extension Project The Franklins have signed the assessment agreement and have paid the required escrow. Field data is being collected and design of the project has begun. It is anticipated that the plans and specifications will be presented to Council at the first meeting in August for approval and authorization to advertize. CSAH 19 Project 57th Street to Albertville Southerly Limits Turf restoration is the primary item yet to be completed on the project. Spring conditions delayed restorations of the boulevards and numerous areas will require over -seeding in August. Staff is working with the County and Contractor to improve the ditch on the east side of the highway and north of Psyk's. Currently the ditch has minimum grade, steep slopes and is difficult to maintain. Proposed changes include filling of the ditch and the addition of storm sewer. 4. Storm Water Management Plan Staff is working to complete the delineation of the watershed boundaries and to collect field data. In addition, modeling of the City's system is underway and expected to be completed by the end of July. It is indented that a draft plan will be available in September. Albertville Townhomes (Dominium Development) Revised civil plans are currently being reviewed. A mid -July construction start-up is anticipated. M:\Public Data\City Council\Council Packet information\2008\07-07-08\07 07 2008 8-H-1 Engineer's Report June 27, 2008 (rev).doc Agenda Item No. 8 A.1 . Meeting Date July 7, 2008 Albertville Project Status Report June 27, 2008 Page 2 of 4 6. CSAH 37 (West) Utility Extension —Niemeyer Development Staff will proceed with the design once a payment agreement is reached with the Niemeyer development. 7. Hunters Pass Staff has generated a final punchlist for the development and is working with the Developer and Prime Contractor to resolve all outstanding punchlist items and invoices. 8. Albertville Railroad Exchange Plat The preliminary plat and final plat have been prepared and are pending Council approval. Upon Council approval and once updated abstracts have been received, the plat will be delivered to the County Surveyor for review prior to recording of the final plat. 9. Lachman Avenue Extension Both the City's portion and LaBeaux Station's portion of Lachman will be constructed simultaneously. Placement of the curb and gutter is scheduled for the week of June 301b 10. LaBeaux Station Development - Discussion Item As part of the City's Lachman project, sidewalk will be constructed on the east side of Lachman Avenue. This sidewalk will extend from 60th Street to the northerly limits of the LaBeaux Station Development. In conversation with Christian Commercial (LaBeaux Station developers), they would prefer that construction of the LaBeaux Station 'sidewalks not be required at this time, as they are concerned that the site layout may change. Currently, no sidewalk exists along Lachman Avenue north of 601h Street and several segments of walk on the north side of 57tb Street are missing. Staff would like Council direction as to whether or not Council desires the construction of the of the required LaBeaux Station sidewalks at this time, or if the City is willing to extend the contract dates of the development agreement. 11. Phil Morris Lift Station Controls and pumps are on hand and will be installed once the Developer supplies power to the site. The driveway and surface improvements included with the project will be constructed once the curb and street in front of the lift station site have been completed. 12. Albertville Marketplace Site work has resumed and the Contractor is working to complete the project roadways, as well as, general site grading. It is also believed that the permit for the restaurant will be issued the week of June 30tb M:\Public Data\City Council\Council Packet information\2008\07-07-08\07 07 2008 8-H-1 Engineer's Report June 27, 2008 (rev).doc Agenda Item No. 8.H.1.. Meeting Date July 7, 2008 W I Albertville Project Status Report June 27, 2008 Page 3 of 4 13. Winter park Improvements Final grading has been completed and the site has been seeded. Given the timing of the seeding, it is assumed that over —seeding will be required of the Contractor this fall. Wet conditions have prevented paving of the trail, a week or two of dry whether is still needed for successful construction of the trail. Currently, paving of the trail is scheduled for the week of July 7th 14. Miscellaneous Several developments, including Towne Lakes 5th, 6th, and 7th, and Karston Cove 3ra, have outstanding issues that need to be addressed. Staff has contacted the owners of these properties and is working to correct the issues. 15. 70th Street (CSAH 19 to MacIver) The Otsego City Engineer is working with the Prime Contractor to address several soft spots/pavement failures in the new roadway surface. One option being explored is the addition of drain tile at select areas. The addition of tile would be a change order for approximately $15,000, of which 50% would be Albertville's responsibility. 16. 70th Street (Kadler Ave to CSAH 19) — Discussion Item Albertville has been informed that Otsego is considering including 70th Street NE, between CSAH 19 and 71 st Street NE, as part of the Otsego 2008 Overlay Project and would like Albertville to pay for its share. Otsego's estimates indicate that Albertville's portion of the roadway would cost approximately $56,000 to overlay, if included as part of the overall Otsego project. It was also informally proposed to Albertville, that Otsego would most likely be willing to carry Albertville project costs to allow Albertville time to budget for the proj ect. Staff have reviewed the condition of 70th Street NE, between CSAH 19 and Kadler Avenue NE, and agrees with Otsego that the roadway is due for an overlay. However, Staff believes that the road was built as part of an agreement with MnRoad and is not aware of the requirements and responsibilities set forth in that agreement. Staff has requested a copy of the agreement from the State. Otsego will be opening bids for the work on July 8th and award the project in mid to late July. M:\Public Data\City Council\Council Packet information\2008\07-07-08\07 07 2008 8-H-I Engineer's Report June 27, 2008 (rev).doc Agenda Item No. 8 M.A. Meeting Date July 7, 2008 61 Albertville Project Status Report June 27, 2008 Page 4 of 4 17. City Park Improvements — Discussion Item (Exhibit Attached) Staff has been exploring options and concepts to improve the City Park parking area and would like Council direction as to whether or not further evaluation of potential improvements are desired. Conceptual improvements include the following: • An improved parking layout with a defined perimeter • Controlled access (one entrance) • Grading to improve drainage and reduce maintenance • Added green space • A potential land swap • Additional aggregate surfacing I will be at your July 7th City Council meeting to discuss and answer any questions concerning these and/or other projects taking place in town. M:\Public Data\City Council\Council Packet information\2008\07-07-08\07 07 2008 8-H-1 Engineer's Report June 27, 2008 (rev).doc Agenda Item No. S.H.J. Meeting Date July 7, 2008 62 % 1.� Albertville Mayor and Council Communication S-1 Y UAW ,t aw Ut- July 1, 2008 SUBJECT: ENGINEERING - CSAH 37 WEST UTILITY EXTENSION PROJECT RECOMMENDATION: It is respectfully requested that the Mayor and Council consider one of the following three options to determine the City's contribution towards the CSAH 37 West Lift Station: Motion to spread the total CSAH 37 West costs on a developable square footage basis with no City contribution. Staff is directed to bring back an ordinance establishing a separate water and sewer district establishing a utility connection charge with payment triggered when each property plats. The annual incremental increase shall be 6.2 percent. Motion for the City to contribute to the CSAH 37 West Project Lift Station 30 months of total project cost interest from the Sewer Trunk Fund. Further, to direct staff to spread the remaining CSAH 37 West costs on a developable square footage basis. Staff is directed to bring back an ordinance establishing a separate water and sewer district establishing a utility connection charge with payment triggered when each property plats. The annual incremental increase shall be 6.2 percent. Motion for the City to contribute 50% of the cost of the CSAH 37 West Lift Station. Further, to direct staff to spread the remaining CSAH 37 West costs on a developable square footage basis. Staff is directed to bring back an ordinance establishing a separate water and sewer district establishing a utility connection charge with payment triggered when each property plats. The annual incremental increase shall be 6.2 percent. BACKGROUND: At the June 16, 2008 Council meeting, staff was directed to indentify several options for the Council to consider. One option would be for the property owners to bear 100% of the project cost. Another option suggested was to calculate 30 months of interest and take the Net Present Value of that amount as the City's contribution towards the lift station as follows: Interest Year One Interest $32,630.60 Year Two Interest $32,630.60 Year 1/2 Three Interest $16,315.30 Total Interest $81, 576.50 Net Present Value $73,278.84 The third option might be for the City to pay 50% of the actual cost of the lift station which is currently estimated at $150,000. All three options spread the remaining costs on a developable square footage basis payable upon connection with an annual incremental increase of 6.2%. M:\Public Data\Requests for Council Actions (RCA)\2008\07 07 2008 CSAH 37 Improvement Project (Niemeyer) RCA.doc Agenda Item No. 8.H.2. Meeting Date July 7, 2008 b;� Mayor and Council Communication — July 1, 2008 Engineering — CSAH 37 West Municipal Improvement Project Page 2 of 2 KEY ISSUES: All options are based on the Engineer's estimate and will change based on actual bids. • 6.2% interest is consistent with CSAH 19 South assessment interest rates. POLICY CONSIDERATIONS: The City Council has the authority to choose a method for benefited properties to pay for the improvement. Either the 429 assessments or a water/sewer connection charge are viable options. These parcels of land are unique in character and location as it relates to utilities. Staff sees no policy issues with this project. FINANCIAL CONSIDERATIONS: One hundred percent of the cost of the project less any City contribution towards the lift station will be borne by the three property owners based on per square foot of developable land. The project size is rather small and would not merit issuing a separate bond at this time. We will preserve the right to issue a bond at a later date just in case it makes financial sense to do so. Initially it appears funding the project internally will be the lowest cost for all concerned. Currently, the City has $753,000 in our Sewer Trunk Fund. Using funds from this fund may have a financial impact on other undeveloped land's future trunk rates. LEGAL CONSIDERATIONS: To establish a sub -district for water and sewer will require the City Council to adopt an ordinance establishing the district. A public hearing is not required, but could be an option if the Council wants additional input. That ordinance will include an annual incremental increase reflecting the carrying costs associated with the project. Upon platting the Niemeyer property, the City will require the Developer to enter into a Development Agreement which will provide for installation of a street to serve both the Niemeyer property and the Miller property to the west. The street is proposed to be constructed by the Developer and then turned over to the City. Following acceptance of the Feasibility Study, the next order of business is to enter into an agreement with Mr. Niemeyer who will agree to pay for all the City's costs should the project not proceed as planned. Following the signing of the agreement, the City Council will order plans, specification and bidding of the project. Lastly, when bids are received, the Council will make a commitment on whether to proceed. Respectfully submitted, Larry R. se City Adm' istrator Department/Responsible Person: Engineering/Assistant City Engineer Adam Nafstad Attachments: None M:\Public Data\Requests for Council Actions (RCA)\2008\07 07 2008 CSAH 37 Improvement Project (Niemeyer) RCA.doc ��tt Agenda Item No. Q.11.2. Meeting Date July 7, 2008 r Ah 11 6-0 -i =7 To: Larry Kruse, City Administrator; Albertville City Council From: Mike Couri Date: June 30, 2008 .Re: Attorney Report Below is an update of the projects our office has been working on for the City. • Highway 19 South Improvement. The pretrial conference with the Court occurred with no scheduled trial date yet. We anticipate mediation in the Letter cases in August or September, and I expect that we will meet with Doug and Bea Psyk in July to see if we can settle that case. • XCEL Franchise Agreement. We are in the process of revising Xcel Energy's franchise agreement which expires this year. • Albertville Marketplace. The developer's agreement is being revised to substitute the new site plan and building plan for the prior one. • City Hall Plat. The railroad mortgage release has been forwarded by the railroad and has been recorded. Once we have final plat approval and final plat mylars, the City Hall plat can be recorded. • Lachman Avenue. Don Barthel paid all of 2008's taxes, which means the plat will be recorded July lst or 2r'd • Prairie Run. I called Gold Key's attorney again regarding the dissolution of the funding structure for the homeowner's association and was again told that he is looking into the situation and will get back to me. I doubt that he ever will, and I M:\Public Data\City Council\Council Packet information\2008\07-07-08\07 07 2008 8-I-1 Attorney Report 10, July 7, 2008.doc 77 Agenda Item No. �..1.. Meeting Date July 7, 2008 65 Mayor and Council Communication — June 30, 2008 Couri, MacArthur Legal — City Attorney's Report & Ruppe, P.L.L.P. Page 2 of 3 expect to have some options regarding maintenance of the private street at the second City Council meeting in July. • TIF Districts. We are still waiting on replies from Albert Barthel and Gary Fehn to try to get some documentation of the TIF eligible costs incurred by Barthel Bus Garage. • Towne Lakes 6th Addition. Hennen Construction has not been paid by CPDC for some of the utility and street work installed in the 6th Addition. We continue to hold a letter of credit provided by CPDC, and Hennen would like us to draw on that letter of credit to pay Hennen. The developer's agreement appears to allow this, but I would like to see the parties agree to the draw, or, in the alternative, have a court rule that we are authorized to do so as I do not want to have the developer or the bank come back to the City with a claim that the money drawn was improperly used as the improvements have already been installed. I have been in contact with Hennen's attorney recently. To date, they have not contacted the bank and in the meantime, Alliance Bank who issued the letter of credit to the City has sold its interest in the Towne Lakes 6th Addition to another bank. This will likely complicate the matter for Hennen and makes it more likely that Hennen will end up filing a declaratory judgment action similar to that filed by S.J. Louis. • Hunter's Pass. I have drafted the proposed settlement agreement between the City, Hunters Development, LLC (the developer) and S.J. Louis (the contractor). It looks like most of S.J. Louis' costs will be paid, but we are still working on the exact numbers. The agreement is currently being reviewed by the parties and will come to the Council for approval once all of the costs are available. • Albert Villas Pond. I sent the closing agreement to the School District's Attorney last week and am awaiting a reply. I expect a closing soon. • Ice Arena Expansion Purchase Agreement. We tentatively expect to close on July 7th on the Barthel property. • Towne Lakes Water Bill. In the Towne Lakes First Addition Developer's Agreement, CPDC was required to maintain the parks for five years and then dedicate them to the City free and clear of special assessments. CPDC did not pay M:\Public Data\City Council\Council Packet information\2008\07-07-08\07 07 2008 8-I-1 Attorney Report 10, July 7, 2008.doc Agenda Item No. �..1.. Meeting Date July 7, 2008 Mayor and Council Communication —June 30, 2008 Couri, MacArthur Legal — City Attorney's Report & Ruppe, P.L.L.P. Page 2 of 3 the water bills on the park lots (now totaling approximately $19,000) when it transferred the park lots to the City. I have sent CPDC a notice that the City is going to special assess its former sales office lot for the unpaid water bills, and copied that notice to Pete Scherer, who purchased CPDC's interest in that lot. I spoke with Mr. Scherer's attorney who indicated that Scherer Brothers Lumber is willing to pay the assessment, if the City will release the remaining five vacant lots it owns in Towne Lakes First Addition from any further liability on account of the developer's actions. While we recognize that some other unknown developer - related financial issues may arise, both Tina and I think that we should recover the $19,000 while we can. An agreement on these terms will likely be presented at a future Council meeting. • Dominium Townhomes. I have put together a draft of the developer's agreement for this development and am awaiting the completion of the final plans before bringing this to the Council for approval. M:\Public Data\City Council\Council Packet information\2008\07-07-08\07 07 2008 8-I-1 Attorney Report 10, July 7, 2008.doc rr Agenda Item No. �..1.. . Meeting Date July 7, 2008 67 79 I /—�52.31 S '9.. �` .. 1=951.74 E /=951.59 W /=952.34 SE it 00 •?' \ �+ �. : �•" \ HOCKEY RINRlMrO57� I' K f> 71 G r " INV=g52,93 .SW aj RIM=95 98. INV=9531.3INV=953.\0 is :i Q ti. a: �■r r 9`.18. BLOCK ` M=957.26 pCONOPY " V=953.71 N CONOPY SHELTER SHELTER. ("} . y ,, X X�ti X SKETSALL .COURT 120 -ET E3OL.T"C>N at MaMKp I!�l�. Consulting Engineers & Surveyors 7333 SUNWOOD DRIVE, RAMSEY, MN 55303 (763) 433-2851 MANKATO, MN FAIRMONT, MN SLEEPY EYE, MN BURNSVILLE, MN. is Reserved WILLMAR, MN CHASKA, MN RAMSEY, MN AMPS, IA G 04-25-2008 9:41a.m. Io� V J. BENCH J Top N Q Elev.= 69 A,lbertville Smog Taum Lh&vgl. ft My UN. MEMORANDUM Date: July 1, 2008 To: City Council From: Larry R. Kruse, City Administrator Re: General Update FOUR DAY WORKWEEK Effective Monday, July 7, the City will go to our four (4) day workweek. The community has been informed via the newsletter, newspaper, email and signs on the doors. STMA ARENA LAND CLOSING Everything appears ready to close on Don Barthel's arena land on July 7, 2008. STMA ARENA FEASIBILITY STUDY We finalized the Escrow Agreement with Youth Hockey for the STMA Arena Board and they have escrowed $15,000. Now ARY can begin the study. OAKSIDE PARK HOUSE $35,000 verbal offer made to realtor Shawn Weldon. 54TH STREET NE AND BARTHEL INDUSTRIAL DRIVE NE FLOODING Flooding signs ordered for intersection. 5975 MAIN AVENUE NE BUILDING RENTAL New tenants appear to be happy with the building. We are working with them on a number of small issues like lighting the outside signs. M:\Public Data\City Administrator\2008\Reports to Council\07-07-2008 City Admin Report.doc Agenda Item No. 841. Meeting Date July 7, 2008 71 Mayor and Council Communication — July 1, 2008 Administrator — Written Report Page 2 of 3 5964 MAIN AVENUE NE (Old Public Works) New tenant appears to like the building. The property to the north is re -paving their lot. We are working with them on a fence replacement as the old wood fence is in rough shape. Staff will report back with some estimates. Ideally, the cost can be split between the three properties. WRIGHT COUNTY MAYOR'S ASSOCIATION MEETING Hosting the Mayor's meeting was a good experience. The catered food from Space Aliens went very well, however providing an alcoholic drink proved to be a challenge. The Lions served .3.2 non -intoxicating liquor for us. We learned the following: 1) The City needs to have an annual $250 Display and Consumption License to allow any alcohol to be served in City Hall. This includes when families serve host liquor. Staff has applied for this license. 2) The Lion's were issued a One -Day Temporary 3.2 license that costs $10. This license did not allow them to serve hard liquor. In the future, if we wanted to sell (cash bar) intoxicating liquor we would need to get approval by the City Council and get a one day intoxicating liquor license from the State at a cost of $250. 3) Major's has a catering license and said they would be willing to cater meals and alcohol. A cash bar would be provided as long as the bar tenders wages plus two hours for set-up and take -down are paid. This option appears cheaper than purchasing the $250 Intoxicating Liquor License. PHIL MORRIS DEVELOPMENT WATER AND SEWER ACCESS FEES (a.k.a. Albertville Marketplace) Mr. Morris has requested the City finance $111,000 of his $148,640 WAC and SAC fee. If the City is consistent with what we have done for Space Aliens and others in the past, we would finance the amount over a three year period at the most recent bond rate, which is 6.2%. If this is acceptable, staff will draft the necessary resolution for the July 21st meeting and issue the building permit now on the condition that if the Council for whatever reasons decides not to finance it, it would be payable immediately. The $37,640 Joint Powers portion of the fee is payable immediately and will not be financed. STMA POND SETTLEMENT The School now has a draft copy of the pond land purchase/settlement agreement. If they don't have any changes, staff will finalize everything in the very near future. M:\Public Data\City Administrator\2008\Reports to Council\07-07-2008 City Admin Report.doc Agenda Item No. 8. K 1. Meeting Date July 7, 2008 72 Mayor and Council Communication — July 1, 2008 Administrator — Written Report Page 3 of 3 MNDOT OUTREACH MEETING You are cordially invited to attend a special outreach meeting on the Minnesota Statewide Transportation Plan, can Monday, July 14, 12:30 p.m. to 4,00 p.m_, at the MniDOT Office & Training Center, 3725121 Street No., St. Cloud, Minnesota. The purpose of this meeting is to brief transportation stakeholders on the status of plan update and seek feedback on the proposed direction of the plan. MnIDQT staff will provide an overview of the key policy areas, strategies, and Investment priorities under Consideration givers the state's socio-economic trends, transportation system conditions, and revenue and cost projections. This will Include information at both the statewide and district level. ORDINANCE ENFORCEMENT We continue to pick up signs along the right-of-way. Jon Sutherland has been making personal contact on the semi -trailers parked around town as per our previous discussions. We continue to monitor/mow long grass and weeds. We have some miscellaneous letters out on unlicensed vehicles stored in yards, etc. The Building Department is very busy with re -roofing and siding following the hail storm. HAIL — INSURANCE We continue to work to settle and repair property damaged by the hail storm. We may attempt to install some screens in front of some of the air conditioner coils. The Fire Hall has been damaged twice at an insurance cost of $6,000 plus each time. Although our cost is fairly minor, the claims will drive up our insurance. 800 MHz RADIOS Wright County notified us of the cost associated with our radio units. The Fire Department has us down for 26 radios and one base station with a cost of $81,300. Wright County has is offering to provide financing at 5% interest over a three year period. The County suggest budgeting $210 for each person using the system. I assume this is for maintenance and training. The County's Fire Departments have applied for a grant to hopefully offset some of the cost. 2009 BUDGET Staff has started preparing the 2009 budget. We will be scheduling several workshops in preparation to certify the preliminary levy. M:\Public Data\City Administrator\2008\Reports to Council\07-07-2008 City Admin Report.doc Agenda Item No. 8. K.I . Meeting Date July 7, 2008 73