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2008-12-01 CC Packet
A.Ibertvillc City of Albertville Council Agenda DECEMBER 1, 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. 2. 3. 4. 5. 6. 7. 8. PLEDGE OF ALLEGIANCE CALL TO ORDER — ROLL CALL RECOGNITIONS — PRESENTATIONS — INTRODUCTIONS CITIZENS OPEN FORUM — (time reserved 5 minutes) AMENDMENTS TO AGENDA MINUTES A. November 17, 2008 regular City Council minutes (pgs. 1-12) 0 CONSENT AGENDA All items with an asterisk () 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. 15-20) 8.G.1. City Clerk — Gambling Permit (pg. 25-27) 8.11. Engineering — CSAH 37 West Utility Extension Plans & Specs (pgs. 29-34) 8.12. Engineering — Letter of Credit (LOC) Release (pgs. 35-36) 8.L.1. Administration — 2010 to 2011 Assessment Agreement (pgs. 47-53) DEPARTMENT BUSINESS A. Family Youth Community Connections (FYCC) — Annual Update (15 minutes) M:\Public Data\City Council\Council Packet information\2008\12-01-08\12 012008 1-B Agenda.doc Meeting Date: December 1, 2008 City of Albertville Council Agenda December 1, 2008 Page 2 of 3 B. Fire Department C. Public Works Department 1). Accept the Public Works Supervisor's Report dated November 21, 2008 (pg. 13) D. Utilities Department (WWTP) E. Building Department F. Finance Department 1). 0 Approve the Monday, December 1, 2008 Payment of Claims (bills) for check numbers 026416 to 026450 (pgs. 15-20) 2). Approve Resolution No. 2008-058 a Resolution Adopting the 2009 Final Levy (pgs. 21-24) 3). Approve Resolution No. 2008-059 a Resolution Adopting the 2009 Final Budget (pg. 24) G. City Clerk 1). 0 Approve LG220 Application for Exempt Permit submitted by the St. Michael Lions Club to sell Raffle Tickets within the Albertville city limits with a drawing to be held on March 3, 3009 at the St. Albert Parish Center (pgs. 25-27) H. City Council I. Planning and Zoning J. Engineering 1). 0 Approve Resolution No. 2008-060 entitled Resolution Approving Plans and Specifications for the Extension of Municipal Improvements along CSAH 37 Between 641h Street NE and Kadler Avenue NE and Ordering Advertisement for Bids (pgs. 29-34) 2). 0 Approve Letter of Credit (LOC) Release for Field Plaza (known as Space Aliens) from $3,601 to be released in full (pgs. 35-36) 3). Approve Letter of Credit (LOC) Reduction for Phil Morris (known as Albertville Marketplace) and an Amendment to the Developer's Agreement (pgs. 38-42) 4). Accept the Assistant City Engineer's Project Status Update dated November 21, 2008 (pgs. 43-46) K. Legal L. Administration 1). 0 Approve the 2010 and 2011 Wright County Assessors two (2) year contract for assessment services for property within the Albertville city limits (pgs. 47-53) 2). Accept the City Administrator's Written Report dated November 26, 2008 (pgs. 55-56) M:\Public Data\City Council\Council Packet information\2008\12-01-08\12 012008 1-B Agenda.doc Meeting Date: December 1, 2008 City of Albertville Council Agenda December 1, 2008 Page 3 of 3 3). Set a joint meeting with St. Michael for Wednesday, December 17, 2008 beginning at 6:00 p.m. at a location to be determined (motion appreciated) 9. CITIZENS OPEN FORUM - (continued if necessary) 10. ANNOUNCEMENTS and or UPCOMING MEETINGS December 2008 8 6:00 p.m. STMA Ice Arena Board meeting 9 7:00 p.m. Planning and Zoning Commission meeting 15 6:30 p.m. Truth -in -Taxation Hearing (continued if necessary) 15 7:00 p.m. City Council meeting 22 6:00 p.m. Joint Powers Water Board meeting 25 all day Christmas Dav observed — City Offices closed 24 all day Christmas Holiday observed -- City Offices closed January 2009 1 all day New Year's Day observed — City Offices closed 2 all day New Year's Day observed — City Offices closed 5 6:15 p.m. Swearing in of the newly elected Council members 5 7:00 p.m. City Council meeting 12 6:00 p.m. STMA Ice Arena Board meeting 13 7:00 p.m. Planning and Zoning Commission meeting 20 7:00 p.m. City Council meeting 26 6:00 p.m. Joint Powers Water Board meeting February 2009 2 7:00 p.m. City Council meeting 9 6:00 p.m. STMA Ice Arena Board meeting 10 7:00 p.m. Planning and Zoning Commission meeting 1.6 all day Presidents' Day observed — City Offices closed 17 7:00 p.m. City Council meeting 23 6:00 p.m. Joint Powers Water Board meeting 11. ADJOURNMENT M:\Public Data\City Council\Council Packet information\2008\12-01-08\12 012008 1-B Agenda.doc Meeting Date: December 1, 2008 AFFIDAVIT OF POSTING STATE OF MINNESOTA SS. COUNTY OF WRIGHT Bridget Miller, being first duly sworn, says that on the 261h day November 2008 Bridget posted the documents as shown on the reverse side a true copy of each thereof at 5:15 p.m. at the Albertville City Offices in the window, at the City of Albertville located at 5959 Main Avenue NE, County of Wright, State of Minnesota. Subscribed and sworn to before me this a (0-0- day of N , 2008. (:51- - uxi e Notary Public ~ :)ISE LANNES -'C-MINNESOTA 31 2009 cv9i sbii'.. TIN MES NOTE ESOTA IMY C 2U09 M:\Public Data\City Council\Council Agendas\Affidavit of Agenda Posting format.doc - � >�b£r" tV1ll£ Mayor and Council Communication s—MT UA g. ft aw ur.. November 21, 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 November 17, 2008 regular City Council minutes as presented, which will be printed and signed; then the signed copy will be scanned and the electronic scanned version will be kept on file in the office of the City Clerk that will serve as the City's official record. 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, 4arR. se City Administrator Department/Responsible Person: Administration/Bridget Miller, City Clerk Attachments: November 17, 2008 regular Council minutes M:\Public Data\Requests for Council Actions (RCA)\2008\12 012008 6-A City Council minutes.doc Agenda Item No. 6.A. Meeting Date December 1, 2008 1 A.1bertville SMA TOUM tiriep. Big rite, ur. ALBERTVILLE CITY COUNCIL NOVEMBER 17, 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, Council members LeRoy B+ John Vetsch, City Attorney Michael Cour' ase it y Planner Alan Adam Nafstad, City Administrator Larry ,SI" e'p ntende Clerk Bridget Miller ABSENT: none l Mna�� 6 4 @TLTE 7:00 PM at 7:00 followed by the Tom Fay, Dan Wagner, and >, ,Assistant City Engineer Middendorf, and City Mayor Kleeker recog>tized`the 208 Primary and General Election Judges that were present for the moeat>�ng. Klecker thi�ed the myduals for a successful job with handling the number of voters th game through i omme;c d with the fact that precinct was set up so that the process fl6W. rather smoot Klecker then asked the judges if they would please stand and state their name: Upon hearing the reittlest,\xht� judges within the audience stood and announced their name, Judy on Roden, Sharon Nels, ashy Undlin, Carmen Robeck, and Janet Wurtinger. Klecker concluded with thanking them once again, and hoped they would consider serving as an Election Judge in 2010. 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. M:\Public Data\City Council\Council Minutes\2008 Minutes\Bridget's drafts\M 11-17-08 B-drafts.doc Agenda Item No. 6.A. Meeting Date December 1, 2008 City of Albertville City Council Minutes November 17, 2008 Page 2 of 11 Josh Ohotto of 6762 Lakewood Drive NE who was representing the Towne Lakes (TL) Homeowners Association approached the podium. Mr. Ohotto asked the Council how the City could work with the TL Assoc. with enforcing the zoning requirements for landscaping within the Albertville City Code. Ohotto informed the Council there are Covenants within the TL Residential Development, in which a few homeowners have not been following the proper protocol. These residents are not allowed to apply for a building permit for a deck or re -siding or re -roofing without obtaining architectural approval first. The homeowll )Ls would by-pass the architectural committee and submit a building permit, which the City"wouldnot realize the individual was supposed to have architectural approval prior to apOSOng for a permit. Ohotto has contacted the Building Department who informed him the: permit's that have been submitted for approval meet the Building Standards. Ohotto would appreciate if the .City would consider holding the permits until the architectural committee could review them Mayor looked to the City Attorney for direction permits. City Attorney Couri stated that, according to the hold building permits. If a building permrt,meet the City's opinion, the City would contmue'p1�oc the City can not enforce covenants either; howei Agreement referring to a set of covenants forahc Ohotto then asked if the submitted. Ohotto wou help. City Ad number staff,w_d# contact the a; \ rare instie ;where staff the applicant iFtftre are contact the ist of adds owne City could Minnesotaate Statute, the City can not legally the MN State Building Code requirements, in sing the permits Couri went on to explain that there is a notation within the TL Developer's Towne,Lakes Addition. Qmeowners Association whenever a permit was ses or names of homeowners, if that would <duncil's attention the fact that there are a Covenants. Kruse commented in regards to Kruse did not want to make the commitment that 1 eve!p, ime a permit has been submitted. There is that very �me busy and forget to contact the association. Kruse ty's Building Permit so that it will have an area that would ask within their development. Following the conversat aft"Council directed staff to review and possibly revise the building permit, which may be d, olution to the concern of Mr. Ohotto's. Council also asked staff to keep Mr. Ohotto in contact"as to what has been decided. Staff acknowledged Council's direction in revising the building permit; and asked Mr. Ohotto to leave a phone number or e-mail address so staff can contact him as to what is being considered. M:\Public Data\City Council\Council Minutes\2008 Minutes\Bridget's drafts\M 11-17-08 B-drafts.doc Agenda Item No. 6.A. Meeting Date December 1, 2008 City of Albertville City Council Minutes November 17, 2008 Page 3 of 11 AMENDMENTS TO THE AGENDA Mayor Klecker asked if there were any amendments to the agenda. Council member Berning added an item under City Council (8.G.1.) to discuss the STMA Hockey Expansion; and added an item under City Administration (8.K.3.) Budget; City Attorney Couri added an item under Legal (8.J.1.) Hoey Billboard Sign located on CSAH 19. Upon adding the above items, Klecker asked for a motion to approve MOTION BY Council member Vetsch, seconded by Council Monday, November 17, 2008 regular Albertville City Council above items, which will be discussed in the General Order of normal sequence on the agenda. Motion carried unanimously, MINUTES November 5, 2008 Canvass Board minutes Mayor Klecker asked the Council if there 2008 Canvassing Results meeting minutes. MOTION BY Council member Fay, Monday, November 5, 2008Cn'ass signed; then the signed.&Y will be file in the office of the City ,Clerk tha unanimously. November 5, 2008 Board changes to as amended. Fay to approve the is amended adding the and.considered in its sday, November 5, uncil member Berning to approve the as prespi ted, which will be printed and -anned and the electronic scanned version will be kept on will serve as theCity's official record. Motion carried Mayor Kl er asked the Co cil if tj e were any changes to the Wednesday, November 5, 2008 regular City Council mites. F City Clerk Miller`` ed to ariend the minutes regarding Check No. 026331, which was actually for barrier nets at Ce �ity Park for broomball games; and Check No. 026332 explaining that Guimont obtains quoterom local and non -local vendors for products used within Albertville parks. MOTION BY Council member Berning, seconded by Council member Vetsch to approve the Monday, November 5, 2008 regular City Council minutes as amended, which will be printed and signed; then the signed copy will be scanned and the electronic scanned version will be kept on file in the office of the City Clerk that will serve as the official copy. Motion carried unanimously. M:\Public Data\City COUrlcil\Council Minutes\2008 Minutes\Bridget's drafts\M 11-17-08 B-drafts.doc Agenda Item No. 6.A. Meeting Date December 1, 2008 51 City of Albertville City Council Minutes November 17, 2008 Page 4of11 CONSENT AGENDA CONSENT AGENDA All items with an asterisk () are considered to be routine in nature by the City Staff and will be enacted by one motion. There will be no separate discussion of these items unless a Council member 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 inquired if the Council members or staff wanted any of the items pulled from the November 17, 2008 Consent Agenda. The following items were peed from the Consent Agenda for further discussion and or explanation: 8.C.1. Accept the U1i�tes Superintendent's Report and 8.E.1. Approve the Monday, November 17, 2008 Payment of Cams (bills) for check �3 numbers 026369 to 026414. Mayor Klecker asked for a motion to approve the November 17 the items MOTION BY Council member Vetsch,.seconded by CouA' November 17, 2008 Consent Agenda pullhng items 8.C.1. and removed from the General Order of Business an&:considered in agenda and will require a separate motion. Motion caked unar FIRE DEPi PUBLIC W UTILITIES Accept the 's Report 008 Consent A, pulling ;r Berning to approve the which the items will be rmal sequence on the Superintendent Middb"0 f reported there was a watermain break on 57th Street NE and Lander Avenue NE on Monday November 10. Middendorf began by stating there were a number of concerns staff had to take into consideration before proceeding. Middendorf informed the Council that the one thing staff took into account was the fact that there was cast iron pipe in the area, which was very old and not very flexible. Staff had knowledge of the area, in which they knew there were multiple utility lines running through the ground. Staff did not want to proceed with digging until the utilities were located for fear of potentially cutting a line. Middendorf explained the procedure involved, which was contacting an excavating contractor, who in turns notifies the multiple utility companies. Middendorf went on to report that it was getting late in M:\Public Data\City Council\Council Minutes\2008 Minutes\Bridget's drafts\M 11-17-08 B-drafts.doc Agenda Item No. 6.A. Meeting Date December 1, 2008 5 City of Albertville City Council Minutes November 17, 2008 Page 5of11 the day and staff did not want to risk the employees safety by digging late at night before the utility companies could locate their lines. Staff also did not want to take the risk of running out of necessary supplies after stores have closed. Assistant City Engineer Nafstad commented that `same day fixes are an ideal solution'. But the excavation limits are contacting the other utilities to come out to on short notice to identify where their lines run. In looking back on the situation, the residents had running water and the other utilities; otherwise, they could have been shut-off at a short noticepr with no notice at all. True there was some lost water, but the City was fortunate to have a, storm sewer drain nearby. City Administrator Kruse complimented Superintendent the situation. Middendorf took the safety of the employ( measures to get the job done properly. Mayor Klecker asked if the Council members the Superintendent's Report. Council then reviewed the portion pertaining to the fire by, the company at $40/hydrant. If you take if&o account how $xx/hour; it appears to be cost effective to have'th* pplmpa After hearing the comments and concerns proceeded to accept the LTt1t1s Superintf presented in the Novemeer 17, 20f38>City BUILDING DEPs#R;rJ,YIEN' good job in handling ad other necessary or corf 11 s regarding t was suggested going with tployees it would take at the ' out. ffintendent's Report, the Council Monday, November 10, 2008 as 17, 2008 Payment of Claims (bills) for check numbers 026369 Check no. 026371 05W464b B & D Plumbing in the amount of $684.00, which City Administrator Kruse n' this is for repair to the A/C units on the roof of the Fire Hall that were damaged during the recent hail storm. DJ's reported the units would have to be replaces; whereas, B & D Plumbing could blow them out. Staff felt it was cost effective to have the units blown out versus replacing them. After the units were blown out and cleaned, staff built some screens to help protect them in the future. M:\Public Data\City Council\Council Minutes\2008 Minutes\Bridget's drafts\M 11-17-08 B-drafts.doc Agenda Item No. 6.A. Meeting Date December 1, 2008 M. City of Albertville City Council Minutes November 17, 2008 Page 6ofII Check no. 026372 payable to Bolton & Menk, Inc. in the amount of $30,170.20. The area in question was the retaining wall at 4935 Kassel Avenue NE, which Assistant City Engineer Nafstad explained that the Building Official had concern regarding the wall. Check no. 026391 payable to N.A.C. in the amount of $2,035.55. Council had a concern with the amount being charged for billboards, project update, etc. City Planner Brixius informed the Council the amount is not for billboards alone, there are a number of various little areas that did not fit in the stub notations. Upon hearing the questions and explanation on the above checks,lVlayor Klecker asked for a motion to approve the Monday, November 17, 2008 Payment of Claims ,for check numbers 026369 to 02614. ;. MOTION BY Council member Berning, seconded by Qqi6QiI member Fay authorizing the Monday, November 17, 2008 Payment of Claims (bills for check numbers 0263f 9 to 02641.4 as presented except the bills specifically pulled, which,f pulled from the Consent -A da=will require a separate discussion from the Consent Agenda end a separate motion from Elie Consent Agenda. The checks will be signed by the authorized personnel anc'scanned it supporting documents; the electronically scanned version will be kept bii, le in the office of the Finance Director that will serve as the City's official record. Motion «Tied unanimously. CITY CLERK Levy a $500 fine to Coborn's Grocery Store, Coborn's LaquoY; Hack's Liquor Store, 152 Club, Full Moon Saloon & Bar and Gem sports Bar &Grill for failure to pass the Wright County Liquor compliance kkod remtrid all businesses �e progress fine schedule City Clerk Miller explained t%a bn (�ctobe 24,- 008 the Wright County Human Services Departmentcondctd the semi axual Liquorompliance Checks. The following establishments that fai>zpmphans were; Coborn's Liquor Store, Coborn's Grocery Store, Ful1,lVloon..SalOOn Bar &11, Geezpiis Bar &Grill, 152 Club, and Hack's Liquor Store. Miller wen,i'X© to state that tfi&establishments that failed compliance were sent an agenda, informing them Council Auld be taking action on the fine. Ed Hackenmueller of Hack's Liquor Store contacted_ the Cfty informing them they will not be able to attend the meeting and is researching a cash reg at requires ID before the sale can be completed. a• Miller concluded wit comment that the Wright County has been conducting alcohol compliance checks within Albertville since 2002. Miller did note that representatives from Coborn's Liquor Store and Cobom's Grocery/Little Dukes were in the audience regarding the violation. M:\Public Data\City Council\Council Minutes\2008 Minutes\Bridget's drafts\M 11-17-08 B-drafts.doc Agenda Item No. 6.A. Meeting Date December 1, 2008 7 City of Albertville City Council Minutes November 17, 2008 Page 7 of 11 City Administrator Kruse informed the Council that Deb Holm of 152 Club contacted him. Ms. Holm reported that evening there was a birthday party and one of the clerks arrived late. Since the clerk arrived after the party began, in which they neglected to check IDs. Mayor Klecker asked if there were members in the audience that wanted to speak on the Alcohol Compliance checks. Gordy Midis, manager of the Coborn's Store(s) reported that the store does not take the violation lightly. Mr. Midis went on to inform the Council that Coborn's condUicts'internal audits throughout the year to do their best to train employees for situations .as such. It was an error and Cobom's will take the necessary measures to correct. Midis sha;", sit" the Council that he has contacted the Coborn's risk insurance agent to ensure the ins it nce co, e. Mayor Klecker asked if there was anyone else in the audience t the Alcohol Compliance Checks violations. Acknowledging th audience wanting to speak; Klecker asked the Co ncfl tb.make Compliance Violations. Council member Vetsch expre-�ed his levied. There are other violations that occur within the City,tl MOTION BY Council member Fay, seconded by Council men fine to Cobom's Grocery Store, Cobom's L 1,quor Store, Hack's Moon Saloon & Bar and Geez Sports Bar & gill for fa"lttrejo �a Compliance check and remind,all businesses o;the;progress fig Council members the amount being 1 CITY STMA 40ekey Wagner voted aye t wanted to speak on behalf of there was no o�ie�elsi�-,, in the >tion regarding,0e Alcohol b-ern with the amount being a penalty or fee is not fined. per Wagner to a Levy a $500 >qL ''Store, 152 Club, Full tss the Wright County Liquor schedule. Mayor Klecker, member Vetsch voted nay to Council member Berning gdi�ea brief over view of the proposed STMA Hockey Expansion Project Bernie presented lA�'b that displayed where the new sheet of ice would be placed in conjunction w*,, p current f eility. Berning explained that the main entrance would be located between the two burtdl�ngs, wJlihich would bring the patrons more into the parking lot versus the side streets or off of Lachrrian Avenue NE. Berning went over the costs associated with the expansion. There was'mment or suggestion about potentially purchasing the L & D Trucking site to the north of the'site, which would be beneficial to accommodate the expansion and additional parking. Council shared their comments with the proposed expansion of the STMA Hockey Expansion. Council discussed how to accomplish the expansion and wanted to continue pursuing how to fund the addition. Council and staff both agreed that all three entities will need to be involved in the process, which involved the STMA School and the cities of Albertville and St. Michael. M:\Public Data\City Council\Council Minutes\2008 Minutes\Bridget's drafts\M 11-17-08 B-drafts.doc Agenda Item No. 6.A. Meeting Date December 1, 2008 City of Albertville City Council Minutes November 17, 2008 Page 8 of 11 PLANNING AND ZONING — no comments ENGINEERING AWApprove to reduce the Letter of Credit No. 206 held for Shoppes at Towne Lakes 2nd Addition from $90, 700 to no less than $59, 300, with the following condition: Deloper is current with all fees and obligations owed to the City MOTION BY Council member Vetsch, seconded by Council.lxlem - e beto approve to reduce the Letter of Credit No. 206 held for Shoppes at TowneLakes 2� Addition from $90,700 to no less than $59,300, with the following condition: Devehper is current with all fees and obligations owed to the City as presented except those,ttems specifically pulled, which if pulled from the Consent Agenda will require a separate disc, sion from the Consent Agenda and a separate motion from the Consent Agenda. Motion carried unaMMously. Council again brought u e interseion of CSAH 19—CSAH 37, which staff noted a study was 2007. Staff made the conrnent that it is a County road. Council mqutixed about the upceming `Black Friday' event and wondering if staff has ideas on how to deal with , he conRestlon on I-94. Staff reported that the Albertville Premium Outlets have set up off -site parking at the STMA High School and a coupe other sites along the I-94 corridor. There will be shuttle bus service from the locations, which the City and the Mall are hoping will cut down on the amount of traffic traveling through Albertville. The Mall Manager has hired additional patrol officers to direct and or guide traffic safely through the city. Last area Council inquired about was the cost of a `speed trailer'. Staff reported the cost is approximately $800 to purchase a trailer that informs the motorist what speed they are traveling at. Council stated to use the fine money to purchase the piece of equipment. M:\Public Data\City Council\Council Minutes\2008 Minutes\Bridget's drafts\M 11-17-08 B-drafts.doc Agenda Item No. 6.A. Meeting Date December 1, 2008 City of Albertville City Council Minutes November 17, 2008 Page 9 of 11 After listening to the comments and concerns, the Council proceeded to accept the Assistant City Engineer's Progress Report dated Wednesday, November 12, 2008 as presented in the November 17, 2008 City Council packet. LEGAL Hoey Billboard Sign located on CSAH 19 City Attorney Couri brought up the Hoey Billboard sign on to explain that when the City worked on the purchase supposed to be a three-way agreement between Albertvi] billboard. Since then, the lease agreement has become"' could not compromise on the location and other stipulati Basically, the one portion of the agreement has expired:, consider extending the Hoey Billboard Lease Agreemehi MOTION BY Council member Berning land lease for Hoey, Inc. until the end of the stipulation of the original agreement unanimously. ADMINISTRATION Accept the City Administrttr's Wrien Report Mayor tor's Wri by Cou1 2008 to the 1-94 corridor. Couri went withnechlt, there was -Hoey'- ,liating to the because Tt7echtl and Hoey led within the1 agreement. )king to the Con it to nd of the month. nber Wagner to extend the ime to review and interrupt Motion carried at the meeting) any questions or concerns regarding the City City Adrilirstrator Kruse touched on the fact that he recently met with City Administrator Derus. The tw ,of them dish ed the Fire Contract. The areas that were covered during the conversation costed of what are the issues, timing and budget, calls for service, what process do the two cities W t to go trough. Council questioned wh f'service FYCC (Family Youth Community Connections) provides. There was discussion' to whether the Council wants to continue supporting FYCC. Council noted there are other organizations that could potentially provide or coordinate some of the services FYCC provides, such as `reading in the park'. City Administrator Kruse recommended meeting with Sandy Greninger and St. Michael staff to discuss FYCC on Tuesday, December 16. Council member Vetsch volunteered to meet in Mayor Klecker's absence. M:\Public Data\City Council\Council Minutes\2008 Minutes\Bridget's drafts\M 11-17-08 B-drafts.doc Agenda Item No. 6.A. Meeting Date December 1, 2008 10 City of Albertville City Council Minutes November 17, 2008 Page 10 of 11 2009 Final Budget Council member Beming brought up the fact that the Council will be approving the 2009 Budget soon. Berning wanted to discuss the budget at the upcoming Fees Workshop. Council agreed to review the 2009 Budget prior to approval at the December 1, 2008 regular City Council meeting. October 29, 2008 Otsego Creek Authority minutes — no comments CITIZENS OPEN FORUM — no comments Mayor Klecker asked the Council to review the u November 2008 24 6:00 p.m. 24 7:00 p.m. 27 all day 28 all dad - December 29QIS 1 6.30 1 7:00 p ". P.M.' 15 6:30' k, 15 7:00 p 22 6:00 p. :> all day 2 Il day January 2009' 1 all day 2 all day 5 6:15 p.m. 5 7:00 p.m. 12 6:00 p.m. 13 7:00 p.m. Joint Than Than oint GS calendar of events. Board mcetth hole Workshop discussion on fees) l rved City Offices closed IV o edr- City Offices closed ncil meetipg� >�na=hoard meeting and G6ning Commission meeting Taxation Hearing (continued if necessary) it" it meeting ,ers Water Board meeting s Day observed — City Offices closed s Holiday observed — City Offices closed New Year's Day observed — City Offices closed New Year's Day observed — City Offices closed Swearing in of the newly elected Council members City Council meeting STMA Ice Arena Board meeting Planning and Zoning Commission meeting M:\Public Data\City Council\Council Minutes\2008 Minutes\Bridget's drafts\M 11-17-08 B-drafts.doc Agenda Item No. 6.A. Meeting Date December 1, 2008 11 City of Albertville City Council Minutes November 17, 2008 Page 11 of 11 20 7:00 p.m. City Council meeting 26 6:00 p.m. Joint Powers Water Board meeting February 2009 2 7:00 p.m. 9 6:00 p.m. 10 7:00 p.m. 1.6 all day 17 7:00 p.m. 23 6:00 p.m. ADJOURNMENT City Council meeting STMA Ice Arena Board meeting Planning and Zoning Commission meeting Presidents' Day observed — City Offres;. closed. City Council meeting Joint Powers Water Board meets MOTION BY Council member Fay, seconded by November 17, 2008 regular City Council meeting` Ron Bridget , City nember Berning to m. Motion carried M:\Public Data\City Council\Council Minutes\2008 Minutes\Bridget's drafts\M 11-17-08 B-drafts.doc Agenda Item No. 6.A. Meeting Date December 1, 2008 12 A1bcrtvillc Snum Town Lhrbml. 09 Gty Kits. TO: Mayor and City Council FROM: Tim Guimont, Public Works Supervisor DATE: November 21, 2008 RE: Public Works and Parks Maintenance Department Update PARKS The Central Park project is completed with the exception of some gates and signage that we will be working on. Thanks to the Lions Club that helped install some of the bollards. We purchased and planted 30 large trees this fall with most of them being at Winter Park and some at Central Park. We rented an air compressor and winterized all of our sprinkler systems. Most of the parks and city owned areas were aerated and fertilized this fall. Winter Park play ground is set to be installed on November 241h. We will be installing the wood chips soon after. We have been getting the hockey rink ready. Some repairs to the boards need to be made. We will be installing some poles and netting on the ends of the rink for the broomball league. If the weather continues to be cold we will start flooding soon. STREETS The snow plowing equipment is ready to go for the season. We did two large patches where the water main breaks were. These will probably need to be redone with the summer overlay project. We did several patches around town this year that turned out well. Trees were trimmed along some streets to allow the buses and snow plows to pass better. I have inspected all the sidewalks in town this year and made the necessary repairs and replacements. I have made documents for things to watch for next year. M:\Public Data\City Council\Council Packet information\2008\12-01-08\12 012008 8-C-1 Public Works Report 11-21-08.doc Agenda Item No. S. C. I . Meeting Date December 1, 2008 13 ss+'" b£r'tV1lle UF Smog TMayor and Council Communication aufin lhfnp. 8tq OWOW.i. November 24, 2008 SUBJECT: 0 FINANCE DEPARTMENT — PAYMENT OF BILLS RECOMMENDATION: It is respectfully requested that the Mayor and Council consider the following motion: Motion authorizing the Monday, December 1, 2008 payment of the claims that includes check numbers 026416 to 026450 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. 26421 Coborn's — Kevin Roden retirement party and meals after mandatory physicals - Donations 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. 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, kr Larry R. se City Administrator Department/Responsible Person: Finance/Tina Lannes, Finance Director Attachments: Check Register Detail M:\Public Data\Requests for Council Actions (RCA)\2008\12 012008 8-E-1 Finance Bills Report (RCA).doc Agenda Item No. S..F. I . Meeting Date December 1, 2008 A,lbertville Small Town Uving. Big City Ufa. Check Detail Register December 1, 2008 Check Amt Invoice Comment 10100 Premier Bank Paid Chk# 026416 12/1/2008 AFLAC G 101-21710 Other Deducations $16.16 715082 AFLAC Insurance Prem Total AFLAC $16.16 Paid Chk# 026417 12/1/2008 ALBERTVILLE CAR CARE CENTER E 101-43100-404 Repair/Maint - Machinery/Equip $128.63 26192 PW two turf tires Total ALBERTVILLE CAR CARE CENTER $128.63 Paid Chk# 026418 12/1/2008 ALBERTVILLE PIT STOP E 101-42000-212 Motor Fuels $41.40 536 FD fuel Inv 06515-47 E 101-42000-212 Motor Fuels $75.20 536 FD fuel Inv 06523-8 E 101-42000-212 Motor Fuels $57.03 536 FD fuel Inv 06525-21 E 101-42000-212 Motor Fuels $46.98 536 FD fuel Inv 06514-17 Total ALBERTVILLE PIT STOP $220.61 Paid Chk# 026419 12/1/2008 ARAMARK UNIFORM SERVICES E 601-49450-417 Uniform Rentals $12.73 6029-6607291 Sewage Dept. - Uniform Sery E 101-43100-417 Uniform Rentals $12.74 6029-6607291 Public Works -Uniform Sery E 602-49400-417 Uniform Rentals $12.73 6029-6607291 Water Dept - Uniform Sery E 101-45100-417 Uniform Rentals $12.73 6029-6607291 Parks Dept - Uniform Sery E 1,01-43100-417 Uniform Rentals $12.76 629-6612899 Public Works -Uniform Sery E 101-45100-417 Uniform Rentals $12.77 629-6612899 Parks Dept - Uniform Sery E 602-49400-417 Uniform Rentals $12.77 629-6612899 Water Dept - Uniform Sery E 601-49450-417 Uniform Rentals $12.77 629-6612899 Sewage Dept. - Uniform Sery E 602-49400-417 Uniform Rentals $12.77 629-66166862 Water Dept - Uniform Sery E 101-45100-417 Uniform Rentals $12.77 629-66166862 Parks Dept - Uniform Sery E 601-49450-417 Uniform Rentals $12.77 629-66166862Sewage Dept. - Uniform Sery E 101-43100-417 Uniform Rentals $12.76 629-66166862Public Works - Uniform Sery E 101-41940-405 Repair/Maint - Buildings $75.77 629-6616863 CH mats, towels Total ARAMARK UNIFORM SERVICES $228.84 Paid Chk# 026420 12/1/2008 BEAUDRY OIL COMPANY E 101-43100-212 Motor Fuels $1,554.48 740127 PW diesel fuel Total BEAUDRY OIL COMPANY $1,554.48 Paid Chk# 026421 12/1/2008 COBORN'S E 101-42050-437 Misc. Donations $162.39 101843378 FD donations -retirement E 101-42050-437 Misc. Donations $49.91 101847749 FD-misc (physicals) donations Total COBORN'S $212.30 Paid Chk# 026422 12/1/2008 COUNTRYSIDE FENCE E 102-49440-300 Professional Srvs (GENERAL) $7,500.00 11-24-2008 Winter Park Improve fence Total COUNTRYSIDE FENCE $7,500.00 Paid Chk# 026423 12/1/2008 DJ'S TOTAL HOME CARE CENTER E 101-42000-200 Office Supplies (GENERAL) $119.09 11242008 FD-office supplies Total DJ'S TOTAL HOME CARE CENTER $119.09 M:\Public Data\City Council\Council Packet information\2008\12-01-08\12 012008 8-E-1 Payment Posted Batch.doc.rtf Agenda Item No. 8.F.1. Meeting Date December 1, 2008 16 Mayor and Council Communication -November 24, 2008 Finance - Payment of Claims Page 2 of 5 10100 Premier Bank Paid Chk# 026424 12/1/2008 EMBARQ - TX E 101-41940-321 Telephone E 101-41940-321 Telephone E 101-43100-321 Telephone E 101-42400-321 Telephone E 101-45100-321 Telephone E 101-42400-321 Telephone E 101-41940-321 Telephone E 101-41940-321 Telephone E 601-49450-321 Telephone E 601-49450-321 Telephone Total EMBARQ - TX Paid Chk# 026425 12/1/2008 EMBARQ - TX 2 E 101-42000-321 Telephone E 101-42000-321 Telephone E 101-42000-321 Telephone E 101-42000-321 Telephone Total EMBARQ - TX 2 Paid Chk# 026426 12/1/2008 GLOBE COMPANIES G 101-22800 Landscaping Escrow Total GLOBE COMPANIES Paid Chk# 026427 12/1/2008 ICMA E 101-41300-433 Dues and Subscriptions Total ICMA Check Amt Invoice Comment $39.36 nov08 CH -phone $37.51 nov08 CH -phone $37.51 nov08 PW-phone $36.69 nov08 BD -phone $16.11 nov08 PD-phone $36,69 nov08 BD -phone $123.76 nov08 Gen -phone $36.69 nov08 Gen -phone $16.11 nov08 UD-phone $36.69 nov08 UD-phone $417.12 $32.35 nov08 $7.05 nov08 $36.69 nov08 $36.69 nov08 $112.78 $2,900.00 ck7769 $2, 900.00 $800.00 $800.00 Paid Chk# 026428 12/1/2008 INSTRUMENT CONTROL SYSTEMS E 601-49450-404 Repair/Maint - Machinery/Equip $699.90 11936 Total INSTRUMENT CONTROL SYSTEMS $699.90 FD-phone/fax FD-phone/fax FD-phone line FD-fax line reimb escrow 10582 49th Street 2009 mem-dues added signal to PLC Paid Chk# 026429 12/1/2008 JOINT POWERS BOARD E 602-49400-376 JP Fed Wtr Test $2,036.72 Fed Wtr Test E 602-49400-372 JP Dist $174,347.42 JPDist E 602-49400-374 JP Dist Pen $2,553.54 JP Dist Pen E 602-49400-373 JP Dist II Low $2,490.32 JPDist II Low E 602-49400-371 JPDIST COMBO $2,168.97 JPDist Combo E 602-49400-376 JP Fed Wtr Test $47.70 Fed Wtr Test Pen E 602-49400-375 JP Access $7.00 JP Access E 206-49400-378 JP WAC $71,516.00 JP WAC Total JOINT POWERS BOARD $255,167.67 Paid Chk# 026430 12/1/2008 LINCO FAB, INC. E 101-45100-530 Improvements $300.00 121604 PD-hockey rink net supports Total LINCO FAB, INC. $300.00 Paid Chk# 026431 12/1/2008 MAGIC WATER E 101-42000-404 Repair/Maint - Machinery/Equip $84.00 10005B FD-bottled water Total MAGIC WATER $84.00 Paid Chk# 026432 12/1/2008 MIDWEST LANDSCAPES E 101-45100-530 Improvements $181.05 100369 PD-tree park improve E 101-45100-530 Improvements $418.86 100380 PD-mulch park improve Total MIDWEST LANDSCAPES $599.91 Paid Chk# 026433 12/1/2008 MILLS, TATE E 101-42000-404 Repair/Maint - Machinery/Equip $122.70 FD-rep emerg Ights Rescue4 Total MILLS, TATE $122.70 M:\Public Data\City Council\Council Packet information\2008\12-01-08\12 012008 8-E-1 Payment Posted Batch.doc.rtf Agenda Item No. 8. l' . I. . Meeting Date December 1, 2008 17 Mayor and Council Communication -November 24, 2008 Finance - Payment of Claims Page 3 of 5 Check Amt Invoice Comment 10100 Premier Bank Paid Chk# 026434 12/1/2008 MINNESOTA COPY SYSTEMS E 101-41400-413 Office Equipment Rental $104.44 19384 CH -copier rental E 101-41400-413 Office Equipment Rental $43.37 19385 CH -copier E 101-41400-413 Office Equipment Rental $24.32 19652 UDPW-copier Total MINNESOTA COPY SYSTEMS $172.13 Paid Chk# 026435 12/1/2008 MN DEPT. OF TRADE/ECON. DEV. E 203-00000-310 Other Professional Services $594.04 Fraser Payment Total MN DEPT. OF TRADE/ECON. DEV. $594.04 Paid Chk# 026436 12/1/2008 MVTL LABORATORIES, INC E 601-49450-218 Testing Expenses $90.00 423397 Testing Expense (CBOD-5) Total MVTL LABORATORIES, INC $90.00 Paid Chk# 026437 12/1/2008 NEXTEL COMMUNICATIONS E 101-42400-323 Nextel Radio Units $75.90 718183318-084 nextel phone E 101-42000-321 Telephone $126.12 718183318-084 nextel phone E 101-43100-323 Nextel Radio Units $80.54 718183318-084 nextel phone E 101-41400-323 Nextel Radio Units $34.74 718183318-084 nextel phone E 602-49400-323 Nextel Radio Units $48.85 718183318-084 nextel phone E 601-49450-323 Nextel Radio Units $48.85 718183318-084 nextel phone E 101-45100-323 Nextel Radio Units $66.66 718183318-084 nextel phone E 101-41300-321 Telephone $66.66 718183318-084 nextel phone E 101-45100-323 Nextel Radio Units $80.54 718183318-084 nextel phone Total NEXTEL COMMUNICATIONS $628.86 Paid Chk# 026438 12/1/2008 NORTHERN WATERWORKS E 602-49400-250 Meters for Resale $2,394.12 S01173929.001 3 Tru/Flow cmpd meter gal a -co Total NORTHERN WATERWORKS $2,394.12 Paid Chk# 026439 12/1/2008 OAKLAND HOMES G 101-22800 Landscaping Escrow $2,750.00 CK14673 reimb escrow 6995 LaSalle Cir Total OAKLAND HOMES $2,750.00 Paid Chk# 026440 12/1/2008 ON SITE SANITATION INC E 101-45100-415 Other Equipment Rentals E 101-45100-415 Other Equipment Rentals E 101-45100-415 Other Equipment Rentals E 101-45100-415 Other Equipment Rentals E 101-45100-415 Other Equipment Rentals E 101-45100-415 Other Equipment Rentals E 101-45100-415 Other Equipment Rentals Total ON SITE SANITATION INC Paid Chk# 026441 12/1/2008 PINNACLE PRINTING, INC. E 101-42000-200 Office Supplies (GENERAL) Total PINNACLE PRINTING, INC. Paid Chk# 026442 12/1/2008 PIPELINE SUPPLY, INC. E 602-49400-407 R/M - Water Mains Total PIPELINE SUPPLY, INC. $31.95 A-350027 rental -portable bathrooms pks $31.95 A-350028 rental -portable bathrooms pks $31.95 A-350029 rental -portable bathrooms pks $31.95 A-350030 rental -portable bathrooms pks $79.88 A-350031 rental -portable bathrooms pks $79.88 A-350032 rental -portable bathrooms pks $127.80 A-350961 rental -portable bathrooms pks $415.36 $78.81 8426 FD-ems report forms $78.81 $60.15 S2567425.001 gasketed sewer pipe $60.15 Paid Chk# 026443 12/1/2008 PITNEY BOWES - POSTAGE E 101-41400-322 Postage $539.67 11072008POSpostage refill Total PITNEY BOWES - POSTAGE $539.67 M:\Public Data\City Council\Council Packet information\2008\12-01-08\12 012008 8-E-1 Payment Posted Batch.doc.rtf Agenda Item No. 8..0 . I.. Meeting Date December 1, 2008 Mayor and Council Communication -November 24, 2008 Finance - Payment of Claims Page 4 of 5 Check Amt Invoice Comment 10100 Premier Bank Paid Chk# 026444 12/1/2008 S.E.H. E 468-49000-303 Engineering Fees $5,780.87 210316 1-94 Total S.E.H. $5,780.87 Paid Chk# 026445 12/1/2008 SENTRY SYSTEMS, INC. E 101-43100-405 Repair/Maint - Buildings $30.11 588475 PW Alarm E 101-42000-405 Repair/Maint - Buildings $29.23 588475 FD Alarm E 101-45100-405 Repair/Maint - Buildings $31.89 588475 PKS Alarm E 101-42000-405 Repair/Maint - Buildings $4.21 588475 FD Alarm Total SENTRY SYSTEMS, INC. $95.44 Paid Chk# 026446 12/1/2008 TASC E 101-41400-300 Professional Srvs (GENERAL) $45.00 2900038941 flex acct E 101-41400-300 Professional Srvs (GENERAL) $30.00 2900047164 flex acct Total TASC $75.00 Paid Chk# 026447 12/1/2008 USABLE LIFE E 101-41400-131 Employer Paid Health $6.60 life ins prem E 101-41500-131 Employer Paid Health $35.53 insurance premium E 101-41500-131 Employer Paid Health $4.95 life ins prem E 601-49450-130 Employer Paid Ins (GENERAL) $46.85 insurance premium E 601-49450-130 Employer Paid Ins (GENERAL) $11.70 life ins prem E 101-42400-130 Employer Paid Ins (GENERAL) $67.96 insurance premium E 101-45100-130 Employer Paid Ins (GENERAL) $5.40 life ins prem E 101-43100-130 Employer Paid Ins (GENERAL) $49.19 insurance premium E 602-49400-130 Employer Paid Ins (GENERAL) $6.30 life ins prem E 101-41400-131 Employer Paid Health $22.81 insurance premium E 101-42400-130 Employer Paid Ins (GENERAL) $20.55 life ins prem E 101-45100-130 Employer Paid Ins (GENERAL) $19.55 insurance premium E 101-41300-131 Employer Paid Health $14.10 life ins prem E 101-43100-130 Employer Paid Ins (GENERAL) $9.00 life ins prem G 101-21710 Other Deducations $7.50 life ins prem E 602-49400-130 Employer Paid Ins (GENERAL) $20.77 insurance premium E 101-41300-131 Employer Paid Health $54.29 insurance premium Total USABLE LIFE $403.05 Paid Chk# 026448 12/1/2008 WRIGHT CTY SHERIFFS PATROL E 101-42110-307 Police Contract Fees $39,528.00 Patrol-08-12 December 08 service Total WRIGHT CTY SHERIFFS PATROL $39,528.00 Paid Chk# 026449 12/1/2008 WRIGHT-HENNEPIN COOPERATIVE E 601-49450-381 Electric Utilities $105.71 UD-lift stations E 101-45100-381 Electric Utilities $203.67 PD-lighting E 101-43160-381 Electric Utilities $409.62 PW-general lighting Total WRIGHT-HENNEPIN COOPERATIVE $719.00 M:\Public Data\City Council\Council Packet information\2008\12-01-08\12 012008 8-E-1 Payment Posted Batch.doc.rtf Agenda Item No. 8. F. I.. Meeting Date December 1, 2008 19 Mayor and Council Communication —November 24, 2008 Finance — Payment of Claims Page 5 of 5 Check Amt Invoice Comment 10100 Premier Bank Paid Chk# 026450 12/1/2008 XCEL ENERGY E 601-49450-381 Electric Utilities $42.51 174395157 cr18 sewer unit E 601-49450-381 Electric Utilities $64.91 174909141 lift station E 601-49450-381 Electric Utilities $248.45 174909141 lift station E 601-49450-381 Electric Utilities $3,989.65 174909141 sewage plant E 601-49450-381 Electric Utilities $30.82 174909141 Lift station E 101-42000-381 Electric Utilities $244.57 174909141 FD E 101-43160-381 Electric Utilities $30.31 174909141 signal E 101-43100-381 Electric Utilities $284.58 174909141 street lighting E 101-41940-381 Electric Utilities $122.75 174909141 lighting E 101-43160-381 Electric Utilities $90.12 174909141 traffic signal E 101-43160-381 Electric Utilities $73.09 174909141 traffic signal E 101-45100-381 Electric Utilities $67.72 174909141 PD-Central E 101-41940-381 Electric Utilities $65.33 174909141 PW-old facility E 101-41940-381 Electric Utilities $33.31 174909141 lighting -Main Ave E 101-45100-381 Electric Utilities $12.95 174909141 PD-picnic shelter E 101-45100-381 Electric Utilities $8.52 174909141 PD-Central E 101-43160-381 Electric Utilities $37.75 174909141 traffic signal E 101-43160-381 Electric Utilities $24.43 247386438 PD-4 season park E 101-41940-381 Electric Utilities $44.84 247386700 street -traffic light E 101-45100-381 Electric Utilities $3.34 247387071 PD-fire/civil defense Total XCEL ENERGY $5,519.95 Fund Summary 101 GENERAL FUND 102 CAPITAL OUTLAY RESERVE 203 REVOLVING LOAN 206 WAC FUND 468 CSAH 19 RAMPS/I 94 Project 601 SEWER FUND 602 WATER FUND 10100 Premier Bank $331,028.64 10100 Premier Bank $53,947.18 $7,500.00 $594.04 $71,516.00 $5,780.87 $5,470.42 $186,220.13 $331,028.64 M:\Public Data\City Council\Council Packet inform ation\2008\12-01-08\12 012008 8-E-1 Payment Posted Batch.doc.rtf Agenda Item No. 8. F. I. Meeting Date December 1, 2008 20 Nbertville Mayor and Council Communication s1r_ u.&. ft sacs ut_ November 26, 2008 SUBJECT: Finance Department — 2009 Final Budget and 2009 Property Tax Levy RECOMMENDATION: It is respectfully requested that the Mayor and Council consider the following two motions: Motion to approve the Resolution No. 2008-058 entitled a Resolution Adopting the 2009 Final Budget in the amount of $3,105,844. Motion to approve the Resolution No. 2008-059 entitled a Resolution Adopting the 2009 Final Property Tax Levy in the amount of $2,813,263. BACKGROUND: In June of each year, with staff preparing estimates and projections for Council workshops, which are reviewed by Council through the early fall. On September 2, 2008, the City Council adopted a Preliminary Budget of $3,190,112 and certified a Preliminary Levy of $64,325 to Wright County. Wright County then prepares and mails a projected tax statement to residents. On Monday, December 1, the City Council will host a public hearing, known as a Truth -In —Taxation, which the Council listens to resident comments. Following public comments, the City Council at a regularly convened meeting may approve or make adjustments to the final levy, which is then certified to Wright County for taxes payable in 2009. Coinciding with the adoption of the City's Levy, the City Council officially adopts a 2009 Budget detailing projected revenue and expenses. The 2009 budget process has been a difficult year with decreasing development activity, numerous housing foreclosures and declining economy. General Fund revenues are anticipated to decrease by $188,000, while annual inflation in September is projected to be 4.94%. Majors areas of revenue loss include declining building permit revenues down by $122,679; lower than expect interest earnings down by $52,001 and lower development fees down by $65,000. On the expense side, the Council appropriated 2.25% increase in employee wages, .5% increase in health saving plan and the State required an additional .25% additional increase in the City's pension to make up for shortages experienced by the retirement fund. Other significant increases included both liability insurance increase of $14,565, and health insurance increases of $18,116. Currently, the cost of family health insurance is split 50/50 between the City and employees, so with the increased cost many employees will not see an increase in their take home salary. The required Fire Department 800 MHZ radios upgrade adds $27,000 per year for the next three years. Utilities for City Buildings were underestimated in 2008 and the Utility Companies have given notice of a 8% increase in rates. Motor fuel reached $4.00 per gallon this summer, but has moderated somewhat with the economic slowdown. To make up for the large loss of revenue and inflation the amount designated for future capital purchases was reduced by $143,220. Staff M:\Public Data\Requests for Council Actions (RCA)\2008\12 012008 8-F-3-4 Final Levy & Budget RCA.doc Agenda Item No, Q.F.a 3i- Meeting Date December 1, 2008 Mayor and Council Communication — November 26, 2008 Finance Director - 2009 Final Budget and Final 2009 Property Tax Levy Page 2 of continues to express concern about inadequate cash flow reserves as recommended by the State Auditor. KEY ISSUES: • In 2007, the City's budget reserves were short $650,000 and in 2008 it is estimated that the City's reserves will be short at least $753,800. Staff continues to recommend building general fund reserves. • The State Auditor recommends the City have a minimum of 3 5 % of their annual budget as reserves for cash flow. The Auditor's preferred reserve is 50% of the annual budget. City Auditors have been critical of the City's cash reserves. • The primary source of increasing reserve funds would be through a general levy increase. Other sources may include the sale of land. POLICY CONSIDERATIONS: It is the City's policy to review and approve the 2009 Budget and Final 2009 Property Tax Levy. FINANCIAL CONSIDERATIONS: In reviewing Albertville projected 2008 year end financial situation, it appears the overall 2008 Budget will be an estimated $325,000 to the positive. In 2008, the City had designated reserves of $1,000,000 or 87% of the $1,153,733 amount required by the State Auditor. In 2008, we made very little progress in building our General Fund reserves. With the current cuts in the 2009 budget, we anticipate a $428,000 shortfall in designated funds. Although staff can work with a shortfall, it is recommended that the City Council continue to increase the General Funds reserve and not rely on other capital reserves to fund cash flow needs. LEGAL CONSIDERATIONS: The Mayor and Council have the authority to approve the 2009 Annual Budget and Property Tax Levy pursuant to Minnesota State Law. Respectfully submitted, Larry R. !se City Administrator Department/Responsible Person: Finance/Tina Lannes, Finance Director Attachments: Resolution No. 2008-058, Resolution No. 2008-059 M:\Fublic Data\Requests for Council Actions (RCA)\2008\12 012008 8-F-3-4 Final Levy & Budget RCA.doc r Agenda Item No. 8 . ,A_ f -3. Meeting Date December 1, 2008 CITY OF ALBERTVILLE COUNTY OF WRIGHT STATE OF MINNESOTA RESOLUTION NO.2008-058 A RESOLUTION ADOPTING THE 2009 FINAL BUDGET WHEREAS, the City Council of the City of Albertville has adopted a proposed budget; and WHEREAS, the Albertville City Council has adopted a final tax levy to be placed upon the taxable property in the City of Albertville; and WHEREAS, the Albertville City Council desires to reserve within the General Fund those monies designated as capital outlays within various budget classifications, such that those monies can be disbursed only for those capital outlays so specified within the budget. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Albertville, Minnesota: 1. Hereby adopts the attached 2009 Annual Budget for the City of Albertville for the period January 1, 2009, through December 31, 2009. Such budget includes a 2.25% cost of living increase and progression steps for employees effective January 1, 2009. 2. All monies designated within the budget, as capital outlays shall be reserved within the Capital Reserves Fund, such that those monies can be disbursed only for those capital outlays so specified within the budget. 3. The Albertville City Council has hereby complied with Minnesota Statutes. 4. The Finance Director is hereby authorized to transmit certification of compliance with Minnesota Statutes to the Commissioner of Revenue as required. Adopted by the Albertville City Council this I" day of December, 2008. Ron Klecker, Mayor Bridget Miller, City Clerk M:\Public Data\Resolutions\2008 Resolutions\draft\12 012008 8-F-3&4 R 2008-058 (2009 Final Budget).doc "�'0123 CITY OF ALBERTVILLE COUNTY OF WRIGHT STATE OF MINNESOTA RESOLUTION NO.2008-059 A RESOLUTION ADOPTING THE FINAL 2008 TAX LEVY COLLECTIBLE IN 2009 WHEREAS, the City Council of the City of Albertville has adopted a proposed budget; and WHEREAS, the Albertville City Council has determined that a tax levy upon the taxable property in the City of Albertville is necessary to provide sufficient funds for the operation of the City from January 1, 2009, through December 31, 2009; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Albertville, Minnesota, that the following Sums of Money be Levied upon the Taxable Property in the City of Albertville, for the following purposes: GENERAL FUND DEBT SERVICE FUND $2,208,496 $ 604,767 BE IT FURTHER RESOLVED, the Finance Director is hereby instructed to transmit a certified copy of such levy to the County Auditor of Wright County, Minnesota, to be placed upon the tax rolls of the property within the City of Albertville. Adopted by the Albertville City Council this I" day of December 2008. Ron Klecker, Mayor Bridget Miller City Clerk M:\Public Data\Resolutions\2008 Resolutions\draft\12 012008 8-F-3&4 R 2008-059 (2009 Final Levy).doc ` 24 Nbertville Mayor and Council Communication November 24, 2008 SUBJECT: 0 City Clerk — St. Michael Lions Club Gambling Permit RECOMMENDATION: This space on the agenda is reserved for the City Council to consider the application request submitted by the St. Michael Lions Club to sell Raffles from January 2009 to March 2009 throughout the Albertville city limits. It is respectfully requested that the Mayor and Council consider the following motion: Motion to approve the request submitted for a Minnesota Lawful Gambling License for the St. Michael Lions Club to sell Raffle tickets throughout Albertville city limits from January 1, 2009 to March 2009, where a drawing will take place at St. Albert Parish Center located at xxxx Main Avenue 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: • Once a year, the St. Michael Lions Club submits a Gambling Permit to sell raffle tickets throughout the Albertville city limits from January to March for an event that is held in March at the St. Albert Parish Center located on Main Avenue NE in Albertville. • 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 Albertville or to individuals throughout the Albertville city limits. POLICY CONSIDERATIONS: The Mayor and City Council review applications for Gambling Permits and Liquor Licenses for events that will be held 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 a liquor license. M:\Public Data\Requests for Council Actions (RCA)\2008\12 012008 8-E-1 Michael LionsGambling License.doc Agenda Item No. 8. G. I . Meeting Date December 1, 2008 Mayor and Council Communication — November 24, 2008 City Clerk — St. Michael Lions Club Gambling Permit Page 2 of 2 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. Respectfully submitted, � R-It'!1VAor, Larry �R.se City Administrator Department/Responsible Person: Administration/Bridget Miller, City Clerk Attachments: Mn Gambling License M:\Public Data\Requests for Council Actions (RCA)\2008\12 012008 8-E-1 Michael LionsGambling License.doc Agenda Item No. 8. G . I. . Meeting Date December 1, 2008 Minnesota Lawful Gambling LG2.20 Application for Exempt Permit An exempt permit may be issued to a nonprofit organization that: - conducts lawful gambling on five or fewer days, and - awards less than $50,000 in prizes during a calendar year. Page 1 of 2 9/08 Fee is 50 for each event For Board Use Only r'hark # ORGANIZATION INFORMATION Organization name Previous gambling permit number St. Michael Lions Club 6422 Type of nonprofit organization. Check one. Fraternal ❑❑ Religious 13Veterans mOther nonprofit organization Mailing address City State Zip Code County 525 Sumerlin Road St. Michael MN 55376 Wright Name of chief executive officer (CEO) Daytime phone number Email address Tony Dehmer 763-497-2455 adehmer@aol.com Attach a copy of ONE of the following for proof of nonprofit status.. Check one. Do not attach a sales tax exempt status or federal ID employer numbers as they are not proof of nonprofit status. ® Nonprofit Articles of Incorporation OR a current Certificate of Good Standing. Don't have a copy? This certificate must be obtained each year from: Secretary of State, Business Services Div., 180 State Office Building, St. Paul, MN 55155 Phone: 651-296-2803 IRS income tax exemption [501(c)] letter in your organization's name. Don't have a copy? To obtain a copy of your federal income tax exempt letter, have an organization officer contact the IRS at 877-829-5500. IRS - Affiliate of national, statewide, or international parent nonprofit organization (charter) If your organization falls under a parent organization, attach copies of both of the following: a. IRS letter showing your parent organization is a nonprofit 501(c) organization with a group ruling, and b. the charter or letter from your parent organization recognizing your organization as a subordinate. MIRS - proof previously submitted to Gambling Control Board If you previously submitted proof of nonprofit status from the IRS, no attachment is required. GAMBLING PREMISES INFORMATION Name of premises where gambling activity will be conducted (for raffles, list the site where the drawing will take place) St. Albert's Parish Center Address (do not use PO box) City Zip Code County 11458 57th St. NE Albertville 55301 Wright Date(s) of activity (for raffles, indicate the date of the drawing) to 3/3/2009 Check the box or boxes that indicate the type of gambling activity your organization will conduct: Bingo* ® Raffles Paddlewheels* Pull -Tabs* F-]Tipboards* * Gambling equipment for pull -tabs, bingo paper, tipboards, and Also complete paddlewheels must be obtained from a distributor licensed by the Gambling Control Board. EXCEPTION: Bingo hard cards and bingo Page 2 of this form. number selection devices may be borrowed from another organization authorized to conduct bingo. To find a licensed distributor, go to www.gcb.state.mn.us and click on List of Licensed Distributors, or call 651-639-4076. * e t 27 NIbertville Mayor and Council Communication S."T UAg.ft4,tvUft. November 26, 2008 SUBJECT: 0 ENGINEERING - CSAH 37 WEST UTILITY EXTENSION PROJECT APPROVAL OF PLANS AND SPECIFICATIONS FOR THE EXTENSION OF MUNICIPAL IMPROVEMENTS ALONG CSAH 37 BETWEEN 64TH STREET NE AND KADLER AVENUE NE AND ORDERING ADVERTISEMENT FOR BIDS RECOMMENDATION: It is respectfully requested that the Mayor and Council adopt the following motion: Motion approve Resolution No. 2008-60 entitled a Resolution Approving the Plans and Specifications for the Extension of Municipal Improvements along CSAH 37 between 64th Street NE and Kadler Avenue NE and Ordering advertisement for bids. BACKGROUND: The proposed project consists of extending municipal sewer and water service to those properties located south of the BNSF railroad and north of CSAH 37. The proposed project includes the addition of a lift station, two utility crossings under CSAH 37, and the addition of sanitary sewer (gravity and pressurized) and watermain. POLICY CONSIDERATIONS: There is no policy implications related to this action. 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. The City 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 and those funds would be used to pay for the City's share of the lift station. M:\Public Data\Requests for Council Actions (RCA)\2008\12 012008 CSAH 37 Improvement Project (Niemeyer) Plans & Spec bidding RCA.doc Agenda Item No. S. J .1. . Meeting Date December 1, 2008 Mayor and Council Communication — November 26, 2008 ENGINEERING — CSAH 37 WEST UTILITY EXTENSION PROJECT APPROVAL OF PLANS AND SPECIFICATIONS FOR THE EXTENSION OF MUNICIPAL IMPROVEMENTS ALONG CSAH 37 BETWEEN 64TH STREET NE AND KADLER AVENUE NE AND ORDERING ADVERTISEMENT FOR BIDS Page 2 of A LEGAL CONSIDERATIONS: Staff has been following Minnesota State Statute 429, which provides for a very public process involving competitive bids. This process preserves the City's right to assess costs to benefited properties, or establish a sewer district whereby a connection charge can be imposed. Further, this process helps preserve the right to issue bonds at a future time. Approval of the Plans and Specification and Authorizing Bidding is a necessary step in this process. City Attorney Couri has reviewed and supports this recommendation. Respectfully submitted, a � Larry R. se City Administrator Department/Responsible Person: Engineering/Adam Nafstad, Assistant City Engineer Attachments: Resolution No. 2008-060 and Bolton & Menk, Inc. letter of recommendation M:\Public Data\Requests for Council Actions (RCA)\2008\12 012008 CSAH 37 Improvement Project (Niemeyer) Plans & Spec bidding RCA.doc Agenda Item No. 8.J .1. . Meeting Date December 1, 2008 CITY OF ALBERTVILLE COUNTY OF WRIGHT STATE OF MINNESOTA RESOLUTION NO.2008-060 RESOLUTION APPROVING PLANS AND SPECIFICATIONS FOR THE EXTENSION OF MUNICIPAL IMPROVEMENTS ALONG CSAH 37 BETWEEN 64' STREET NE AND KADLER AVENUE NE AND ORDERING ADVERTISEMENT FOR BIDS WHEREAS, pursuant to a resolution passed by the Council on June 2, 2008, the city engineer has prepared plans and specifications to install municipal improvements including sanitary sewer and municipal water, to serve and improve properties north of CSAH 37, south of Interstate 94 and lying between 641h Street NE and Kadler Avenue NE and has presented such plans and specifications to the Council for approval; Now, therefore be it resolved by the City Council of the City of Albertville, County of Wright, State of Minnesota: 1. Such plans and specifications, copies of which are on file with the City Clerk, are hereby approved. 2. The City Clerk and City Engineer are directed to advertise for bids as required by Minn. Stat. Chapter 429. No bids will be considered unless sealed and filed with the clerk and accompanied by a cash deposit, cashier's check, bid bond or certified check payable to the clerk for five (5) percent of the amount of such bid. Adopted by the Albertville City Council this lst day of December, 2008. Ron Klecker, Mayor Bridget Miller, City Clerk M:\Public Data\Resolutions\2008 Resolutions\draft\12 012008 8-J-1 R 2008-060 (CSAH 37 Plans & Specs).doc Agenda Item No. 8.J. I . Meeting Date December 1, 2008 31 • BC3 [. —717C=►N 8L. Ne l FEE N K , • Consulting Engineers & Surveyors " 7533 Sunwood Drive NW • Ramsey, MN 55303 Phone (763) 433-2851 • Fax (763) 427-0833 www.bolton-menk.com November 21, 2008 Mr. Larry Kruse, City Administrator City of Albertville 5959 Main Avenue NE, P.O. Box 9 Albertville, MN 55301 RE: Approval of Plans and Specifications CSAH 37 Utility Extension Project BMI Project No.: R13.100122 Honorable Mayor and City Council Members: t NC. Pursuant to Mr. Niemeyer's and the City's authorization, we have prepared plans and specifications for the CSAH 37 Utility Extension project. The proposed project consists of extending municipal sewer and water service to those properties located south of the BNSF railroad and north of CSAH 37. The proposed project includes the addition of a lift station, two utility crossings under CSAH 37, and the addition of sanitary sewer (gravity and pressurized) and watermain. Should the City decide to move forward with the improvements, below is a tentative project schedule that assumes a December 1st Council approval of plans and specifications: December 1st Approve Plans/Specifications & Authorization to Advertise December 8th,15th, 22nd publish in Construction Bulletin December 8th, 15th Publish in North Crow River News December 29tb Open Bids Late January 2009 Award at Council Meeting Late Winter 2009 Anticipated Start of Construction July 1st, 2009 Substantial Completion Date M:\Public Data\City Council\Council Packet information\2008\12-01-08\12 012008 8-J-1 Engineerings Rep-CSAH 37 West Utility Extension - Plans & Specs.doc Agenda Item No. B.J. L Meeting Date December 1, 2008 33 • CSAH 37 Utility Extension .1 111/21/08 1 Page 2 of 2 Prior to the award, Staff will review bids and project costs with Mr. Niemeyer to ensure his consent and desire to go forward. I will be at your December 1st City Council meeting to present the plans and respond to any questions concerning the project. Sincerely, BOLTON & MENK, INC. Adam Nafstad, P. E. Assistant City Engineer Enclosure: Council Resolution cc: ' Bridget Miller — City Clerk M:\Public Data\City Council\Council Packet information\2008\12-01-08\12 012008 8-J-1 Engineerings Rep-CSAH 37 West Utility Extension - Plans & Specs.doc Agenda Item No. U. tl ,1. Meeting Date December 1, 2008 34 b£r�tv,ll �c Mayor and Council Communication smmr v L"r W aq alv ur.. November 21, 2008 SUBJECT: 0 ENGINEERING - FIELD PLAZA (SPACE ALIENS) LETTER OF CREDIT (LOC) RELEASE RECOMMENDATION: It is respectfully requested that the Mayor and Council consider releasing the letter of credit held for the Field Plaza Addition. Motion to release the letter of credit held for the Field Plaza Addition BACKGROUND: Tom O'Brian of Blaine Rentals, LLC (Developer) has requested a complete release of the letter of credit held for the Field Plaza Addition / Space Aliens development, currently in the amount of $3,601. This surety was held, as the 2nd year warranty security for the municipal improvements of the plat and represents 5% of the cost of municipal improvements. To date, the warranty period has surpassed its 2-year anniversary and we are unaware of any municipal items in need of warranty repair. Assuming the Developer is current with all fees owed to the City, it is recommended that the Letter of Credit be released in full. POLICY CONSIDERATIONS: This release is consistent with the agreement between the City and Developer. With or without a letter of credit in place, the Developer is required to comply with the conditions of the Development Agreement. FINANCIAL CONSIDERATIONS: There are no financial implications for this request. LEGAL CONSIDERATIONS: The City has the legal authority under the Development Agreement to reduce or release the letter of credit upon completion of the required improvements. The City also has legal authority under the Development Agreement to deny requests for release or reduction if the required improvements are found unacceptable. Respectfully submitted, L _ Larry Kruse City Administrator Department/Responsible Person: Finance & Engineering/Tina Lannes, Finance Director & Adam Nafstad, Assistant City Engineer Attachments: Bolton & Menk, Inc.'s Recommendation M:\Public Data\Requests for Council Actions (RCA)\2008\12 012008 8-3-2 Engineering Field Plaza (Space Alien's) RCA (LOC Release).doc Agenda Item No. 8.12. Meeting Date December 1, 2008 BC> L. —r(=>N 8t NA F== N P< , • Consulting Engineers & Surveyors " 7533 Sunwood Drive NW • Ramsey, MN 55303 Phone (763) 433-2851 • Fax (763) 427-0833 www.bolton-menk.com November 21, 2008 Mr. Larry Kruse, City Administrator City of Albertville 5959 Main Avenue NE, P. O. Box 9 Albertville, MN 55301 RE: Field Plaza Addition (Space Aliens) - Letter of Credit Release Albertville, Minnesota Dear Mr. Kruse: Tom O'Brian of Blaine Rentals, LLC (Space Aliens Developer) has requested a complete release of the letter of credit held for the Field Plaza Addition / Space Aliens development, currently in the amount of $3;601. This surety was held as the 2nd year warranty security for the municipal improvements of the plat and represents 5% of the cost of municipal improvements. To date, the warranty period has surpassed its 2-yr anniversary and we are unaware of any municipal items in need of warranty repair. Assuming the Developer is current with all fees owed to the City, it is recommended that the Letter of Credit be released in full. Please let me know if you have any questions or would like additional information. Sincerely, BOLTON & MENK, INC. Adam Nafstad, P. E. Albertville Engineer Cc: Tina Lannes - Albertville Finance Director Tom O'Brian — Developer (via email) M:\Public Data\City Council\Council Packet information\2008\12-01-08\12 012008 8-J-2 Engineering Field Plaza (Space Alien's) LOC Release. doe Agenda Item No. O.J .Z. Meeting Date December 1, 2008 W A\1b£Y" tVlll£ Mayor and Council Communication Smd Two, �. ft My W.. November 21, 2008 SUBJECT: ENGINEERING - ALBERTVILLE MARKETPLACE PUD/CUP AGREEMENT AMENDMENT AND LETTER OF CREDIT REDUCTION NO.2 RECOMMENDATION: It is respectfully requested that the Mayor and Council consider approval the following motion: Motion directing staff to amend to the Plan Unit Development Agreement/Conditional Use Agreement for Albertville Marketplace to require landscaping surety in the amount of $58,000 and the posting of individual landscaping escrows for each lot prior to building permit issuance, conditioned upon the Developer signing the amendment; and, to reduce the Albertville Marketplace Letter of Credit to no less than $64,104 conditioned upon all outstanding balances owed to the City being paid in full; and, directing Staff to amend to the Plan Unit Development Agreement/Conditional Use Agreement for Albertville Marketplace to postpone fence construction as detailed on the approved site plans until such time the City deems the fence a necessary due to safety, conditioned upon the Developer signing the amendment. BACKGROUND: In effort to achieve the goals of the City and Mr. Phil Morris, Developer of Albertville Marketplace, Council consideration of the following items is requested: 1) An amendment to the Development Agreement regarding landscaping surety. 2) A reduction to the Letter of Credit posted for the development. 3) An amendment to the Development Agreement that postpones construction of the fence as shown on the approved site plan. Landscaping Surety Amendment The Development agreement specifies a completion date for all landscaping along the perimeter of the plat and requires the remaining landscaping to be completed on a lot -by -lot basis. The agreement also requires that the Developer provide security in the amount of 150% of the cost of the landscaping. The letter of credit in place today includes a $151,800 portion, which represents 150% of the cost of landscaping the entire site. It is requested that the agreement be amended such that the required landscaping security be reduced to $58,000, which reflects 150 % of the estimated cost of the landscaping along the plat perimeter, street corridors, and restaurant site. To ensure completion of required lot -landscaping, it is requested that the agreement be amended to require posting of a landscaping surety for each lot at the time of building plan approval. M:\Public Data\Requests for Council Actions (RCA)\2008\12 012008 8-J-3 Albertville Marketplace RCA (LOC Reduct 2).doc Agenda Item No. 8.13. Meeting Date December 1, 2008 nr7 Mayor and Council Communication — November 21, 2008 Engineering — Albertville Marketplace (Phil Morris) Page 2 of 3 Letter of Credit (LOC) Reduction Currently the LOC held by the City is in the amount of $328,202. This Letter of Credit was established as surety for the municipal improvements, selective private improvements, and landscaping requirements of the development. To date, the municipal improvements have been substantially completed, as well as, many of the private site improvements including the private street and landscaping of the restaurant site street boulevards. Assuming the Developer is current with all fees owed to the City and the landscaping amendment is accepted, it is recommended that the Letter of Credit be reduced from $328,202 to no less than $64,104. This reduced balance is consistent with the development agreement and is believed to sufficient warranty and performance security. Fence Amendment The approved site plans include a 4-foot fence along the south and east sides of the restaurant between the parking lot curb and the retaining wall. The fence was included on the site plans to satisfy an engineering requirement that arose due to concern with the close proximity of the parking lot to the wall. With the wall, landscaping and parking lot in place, the Developer has questioned whether or not the fence is necessary and fears the fence will create maintenance issues, particularly related to snow removal and lawn care. Upon discussing the issues with the Developer and reviewing the matter in the field, Staff too agrees that the fence creates maintenance difficulties, and may take away from the freeway visibility and landscaping. Staff also agrees that the added pedestrian safety provided by the fence is questionable. Staff believes an acceptable alternative would be an agreement amendment that allows the Developer to postpone construction of the fence indefinitely, or until the City deems the fence a necessary safety improvement. KEY ISSUES: Amend development contract such that surety requirement for landscaping is prompted at time of building permit. Existing LOC is reduced from $328,202 to $64,104. Postpone fence construction on the restaurant lot. POLICY CONSIDERATIONS: It is City policy to have all amendments to agreements and letter of credit reductions approved by the City Council FINANCIAL CONSIDERATIONS: There are no financial implications for this request M:\Public Data\Requests for Council Actions (RCA)\2008\12 012008 8-J-3 Albertville Marketplace RCA (LOC Reduct 2).doc Agenda Item No. Q.J.J. Meeting Date December 1, 2008 Mayor and Council Communication — November 21, 2008 Engineering — Albertville Marketplace (Phil Morris) Page 3 of 3 LEGAL CONSIDERATIONS: The City has the legal authority under the Development Agreement to reduce the letter of credit upon completion of the required improvements or deny requests for reduction if the required improvements are found unacceptable. The Mayor and Council also posses the authority to approve or deny amendments to agreements the City is party to. Respectfully submitted, g� L rry R. se ��Kv City Administrator Department/Responsible Person: Engineering/Adam Nafstad, Assistant City Engineer Attachments: LOC Reduction Recommendation Letter, Amendment to Development Agreement M:\Public Data\Requests for Council Actions (RCA)\2008\12 012008 8-J-3 Albertville Marketplace RCA (LOC Reduct 2).doc Agenda Item No. 8.13. Meeting Date December 1, 2008 = B® L_TC:>N 8& NA r-== N K Consulting Engineers & Surveyors ti 7533 Sunwood Drive NW • Ramsey, MN 55303 Phone (763) 433-2851 • Fax (763) 427-0833 www.bolton-menk.com November 21, 2008 Mr. Larry Kruse, City Administrator City of Albertville 5959 Main Avenue NE, P. O. Box 9 Albertville, MN 55301 RE: Albertville Marketplace Letter of Credit Reduction No BMI Project No. T15.21726 Honorable Mayor and City Council: 2 and DA Amendment In effort to achieve the goals of the City and Mr. Phil Morris, Developer of Albertville Marketplace, Council consideration of the following items is requested: 1) An amendment to the Development Agreement regarding landscaping surety. 2) A reduction to the Letter of Credit posted for the development. 3) An amendment to the Development Agreement that postpones construction of the fence as shown on the approved site plan. Landscaping Surety Amendment The Development agreement specifies a completion date for all landscaping along the perimeter of the plat and requires the remaining landscaping to be completed on a lot -by -lot basis. The agreement also requires that the Developer provide security in the amount of 150% of the cost of the landscaping. The letter of credit in place today includes a $151,800 portion, which represents 150% of the cost of landscaping the entire site. It is requested that the agreement be amended such that the required landscaping security be reduced to $58,000, which reflects 150 % of the estimated cost of the landscaping along the plat perimeter, street corridors, and restaurant site. To ensure completion of required lot - landscaping, it is requested that the agreement be amended to require posting of a landscaping surety for each lot at the time of building plan approval. Letter of Credit (LOC) Reduction Currently the LOC held by the City is in the amount of $328,202. This Letter of Credit was established as surety for the municipal improvements, selective private improvements, and landscaping requirements of the development. To date, the municipal improvements have been substantially completed, as well as, many of the private site improvements including the private street and landscaping of the restaurant site street boulevards. Assuming the Developer is current with all fees owed to the City and the landscaping amendment is accepted, it is recommended that the Letter of Credit be reduced from $328,202 to no less than $64,104. M:\Public Data\City Council\Council Packet information\2008\12-01-08\12 012008 8-J-3 Engineering Albertville Marketplace LOC Reduct No2.doc Agenda Item No. 8.J.3 • Meeting Date December 1, 2008 41 �< Marketplace (; 11/24/2008 Page 2 of 2 This reduced balance is consistent with the development agreement and is believed to sufficient warranty and performance security. Fence Amendment The approved site plans include a 4-foot fence along the south and east sides of the restaurant between the parking lot curb and the retaining wall. The fence was included on the site plans to satisfy an engineering requirement that arose due to concern with the close proximity of the parking lot to the wall. With the wall, landscaping and parking lot in place, the Developer has questioned whether or not the fence is necessary and fears the fence will create maintenance issues, particularly related to snow removal and lawn care. Upon discussing the issues with the Developer and reviewing the matter in the field, Staff too agrees that the fence creates maintenance difficulties, and may take away from the freeway visibility and landscaping. Staff also agrees that the added pedestrian safety provided by the fence is questionable. Staff believes an acceptable alternative would be an agreement amendment that allows the Developer to postpone construction of the fence indefinitely, or until the City deems the fence a necessary safety improvement. Please let me know if you have any questions or would like additional information regarding these matters. I will be at your December lst City Council meeting to further discuss these requests and address any questions you may have. Sincerely, BOLTON & MENK, INC. Adam Nafstad, P. E. Albertville Engineer Cc: Larry Kruse — City Administrator Tina Lannes - Finance Director Bridget Miller - City Clerk Phil Morris — Developer 42 F=:; (=> L -rC a/ N V#- NA r== r--,j P • Consulting Engineers & Surveyors " 1 7533 Sunwood Drive NW • Ramsey, MN 55303 Phone (763) 433-2851 • Fax (763) 427-0833 www.bolton-menk.com MEMORANDUM Date: November 21, 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 November 21, 2008: 1. Franklin Property Sewer Extension Project The roadway was opened to traffic on Wednesday the 19th. Items yet to be completed include striping, boulevard restoration, milling of the rumble strip, and miscellaneous punchlist items. Unless whether permits, it is recommended that these items be postponed until spring. 2. Albertville Townhomes (Dominium Development) With the exception of the final lift of pavement, the new roadways and utilities are substantially complete. The main entrance that serves the town homes and apartments will be resurfaced next year. Work remaining this year, other than construction of the buildings, includes grading, trail patching, site stabilization, and other minor site -related work 3. Lachman Avenue Extension Staff is working to finalize the contract and closeout the project. 4. Albertville Marketplace The majority of the boulevard landscaping and restaurant landscaping has been installed. Staff is working with the Developer to reduce the letter of credit to reflect the completed improvements. 5. Niemeyer Trailer Sales Mass grading of the site is near completion and the Developer is working to install the storm sewer and control structures for the ponds. Upon completion of the grading and site stabilization, it is expected that no further work will occur until the Development Agreement and utility extension plans have been approved. 6. CSAH 19 Project (57th Street to Albertville Southerly Limits) Staff working with the City Attorney and preparing exhibits for the upcoming assessment trials. M:\Public Data\City Council\Council Packet information\2008\12-01-08\12 012008 8-J-4 Engineer's Report November 21, 2008.doc Agenda Item No. 8. cf .4. Meeting Date December 1, 2008 43 Albertville Project Status Update i 11/21/08 Page 2 of 4 7. Storm Water Management Plan Staff has finalized the modeling component of the study and is working to identify existing and potential flood susceptible areas, and is the process of reviewing stormwater management codes and ordinances. 8. CSAH 37 (West) Utility Extension — Niemeyer Development Staff has completed plans and specification for construction and will seek Council Authorization to advertize for bids at the December 1st City Council meeting. Mr. Niemeyer has asked the City to bid the project and to move forward with the development contract for Niemeyer Trailer Sales. 9. Hunters Pass Staff continues to work with the Prime Contractor and Developer to orderly draw on the letter of credit, pay the Prime and complete all outstanding requirements. 10. Albertville Railroad Exchange Plat The plat has been completed and sent to the County for final review by the County Surveyor. We anticipate have final comments back from the County by the 1st of December. 11. LaBeaux Station Staff is working with the Developer to establish boulevards along Lachman Avenue that can be maintained until further development of the site. 12. Phil Morris Lift Station The Contractor has completed the installation of all the electrical components and is awaiting final hook-up by Xcel Energy. It is anticipated that start-up will take place the first week of December. Currently, construction of the driveway is included in the contract for the lift station. Given the delays due to the development, Staff is considering relinquishing the driveway component of the contract and relieving the Contractor of these responsibilities. In this case, the driveway would be constructed next summer by a different contractor. 13. Winter park Improvements Overall the project is complete; however, Staff is working with the Contractor to resolve a few drainage issues with the trail and parking lot. Due to the whether and time of year, it is recommended that these issues not be addressed until next year. 14. Towne Lakes 5th Addition Peter Scherer and CPDC have requested that the LOC held for the 5th Addition be released in full. Upon review of the site, with Public Works and David Hemple (formerly of CPDC), staff is not recommending a reduction or release until all outstanding punchlist and warranty items have been completed. Staff has been working will Mr. Hemple and the Contractor to complete all remaining requirements. M:\Public Data\City Council\Council Packet information\2008\12-01-08\12 012008 8-J-4 Engineer's Report November 21, 2008.doc Agenda Item No. 8.e/ .4. Meeting Date December 1, 2008 M �= Albertville Project Status Update l 11 /21 /08 y Page 3 of 4 15. Towne Lakes 6th Addition NAI/Welsh Companies have been retained to market the 6tth addition on behalf of the property owner (M&I Bank). Staff is working with NAI to ensure that the owner and NAI are both aware of all outstanding requirements of the addition and future expectation of the 7th Addition, which is currently an outlot of the 6th Addition. Staff is also working to ensure the LOC remains sufficient and intact, and at the request of the property owner, Staff is working to estimate the cost to complete certain outstanding requirements. 16. 70th Street (CSAH 19 to MacIver) Otsego is currently working with the Contractor to complete the final payment application. Once completed by Otsego and the Contractor, Staff will present a payment recommendation to Council. 17. Karston Cove 3rd Addition Staff is working with the Developer to renew the letter of credit, extend the completion date for the required improvements, and to cleanup the 64th Street boulevards. 18. Moping Staff will be meeting to compile all map revisions and updates and to add Utility As- Builts to the City Online Mapping System. 19. Miscellaneous Items • As directed by Council, Staff has ordered pedestrian signage to be placed on Lachman Avenue in advance of the Ice Arena. • Pursuant to Council's direction, staff is pursuing lighting near the CSAH 19 and I-94 ramps. • At the request of the Council, Staff has requested the crash history and for the CSAH 19 and 37 intersection. • Public Works is investigating the storm sewer located on the Railway Exchange Plat. 20. Letter of Credit Reductions Staff has received requested for reductions or releases of letter credits for several developments. Staff will be reviewing the developments and working with the developers to complete or correct all outstanding issues. The developments include: • Parkside Commercial — On hold • Albertville Plaza - Staff has reviewed and is recommending the request be denied • Towne Lakes 51h - Staff has issued final Warranty/Punchlist • Shoppes at Towne Lakes II — Reduced M:\Public Data\City Council\Council Packet information\2008\12-01-08\12 012008 844 Engineer's Report November 21, 2008.doc Agenda Item No. 8. J .4. Meeting Date December 1, 2008 45 • Albertville Project Status Update • 1 11/21/08 .-f Page 4 of 4 • Medical Clinic — To be Reviewed • Field Plaza Second — Reduced • Field Plaza First — Released Recommended I will be at your December 1st City Council meeting to discuss any questions concerning these and/or other projects taking place in town. M:\Public Data\City Council\Council Packet information\2008\12-01-08\12 012008 8-J-4 Engineer's Report November 21, 2008.doc Agenda Item No. 8.J .4. Meeting Date December 1, 2008 W '' +. N,bcrtville Mayor and Council Communication November 25, 2008 SUBJECT: ADMINISTRATION — 2010 — 2011 WRIGHT COUNTY ASSESSMENT SERVICES AGREEMENT RECOMMENDATION: It is respectfully requested that the Mayor and City Council consider the following motion: Motion: to approve the 2010 to 2011 Wright County Assessment Services Agreement at $10.50 per parcel; $25 per new construction permit of less than $500,000 and $100 per parcel for construction estimate greater than $500,000. BACKGROUND: Wright County Assessor's office has been providing Albertville with Assessment Services dating back to pre-1992. Wright County provides experienced assessors in the department that focus on residential, while other focus on commercial properties. The County assessment has provided consistency in valuation of properties across jurisdictions. According to the County, they provide these services for less than their cost. In 2008, Albertville had 2,666 parcels of land and Wright County charged $10.50 per parcel for a base contract price of $27,993. Further, they assessed 58 new residential units at $25 per parcel charge and 3 commercial permits at $75 per parcel. The only fee change is raising the cost for new construction values over $500,000 from $75 to $100 per permit in 2008. KEY ISSUES: • Wright County Assessor's Office has experienced assessors who specialize on either residential or commercial properties. • The County Assessor is able to provide consistent assessment values across multiple jurisdictions. POLICY CONSIDERATIONS: It is the City's policy to evaluate and consider contracts on a case by case basis, seeking the best value for the City. M:\Public Data\Requests for Council Actions (RCA)\2008\12 012008 8-L-1 Wright County Assessment Agreement.doc Agenda Item No. Q..Lr. I . Meeting Date December 1, 2008 7 Mayor and Council Communication — November 25, 2008 Administration — Wright County Assessment Service Page 2 of 2 FINANCIAL CONSIDERATIONS: The city budget $33,000 for assessor's fees. Last year the City spent $32,000. LEGAL CONSIDERATIONS: The Mayor and Council have the authority to approve agreements that the City enters into pursuant to Minnesota State Law. Respectfully submitted, Larry R. Kruse City Administrator Department/Responsible Person: Administration/ Larry Kruse, City Administrator Attachments: Wright County Assessor 2010 to 2011 Assessment Services Agreement M:\Public Data\Requests for Council Actions (RCA)\2008\12 012008 8-L-1 Wright County Assessment Agreement.doc QQ Agenda Item No. tl. L. I . Meeting Date December 1, 2008 ASSESSMENT SERVICES AGREEMENT THIS AGREEMENT, made and entered into by and between the County of Wright, a political subdivision of the State of Minnesota, hereinafter referred to as the "County" and the City of Albertville a political subdivision of the State of Minnesota, hereinafter referred to as "City/Township"; WHEREAS, said City/Township lies either wholly or partially within the County and constitutes a separate assessment district; and WHEREAS, under such circumstances the provision of the Minnesota Statutes, Sections 273.072 and 471.59 permit the County Assessor to provide for the assessment of property; and WHEREAS, said City/Township desires the County to perform certain assessments on behalf of said City/Township; and WHEREAS, the County is willing to cooperate with said City/Township by completing the assessment in a proper manner; NOW, THEREFORE, in consideration of the mutual covenants contained herein it is agreed as follows: 1. The County shall perform the 2010 and 2011 property assessment for the City/Township in accordance with the property assessment procedures and practices established and observed by the County, the validity and reasonableness of which are hereby acknowledged and approved by the City/Township. The property assessment by the County shall be composed of those assessment services which are set forth in Exhibit A, attached hereto and made a part hereof by reference. wo 2. All information, records, data, reports, and the like that are necessary to allow the County to carry out its responsibilities under this Agreement shall be furnished to the County without charge by the City/Township and the City/Township agrees to cooperate in good faith with the County in carrying out the work under this Agreement. 3. The City/Township agrees to furnish, without charge, work space, if needed, for an appraiser to perform such tasks as document review, with such tasks to be performed during normal business hours for the City/Township. 4. The County agrees to indemnify and hold harmless the City/Township and all of its agents and employees against any and all claims, demands, actions or causes of action arising out of or by reason of the performance of work provided for herein to be performed by the County. It is further agreed that any and all full time employees of the County engaged in the performance of any work or services required or provided for herein shall be considered employees of the County only and not of the City/Township and that any and all claims that may arise under the Workman's Compensation Act of the State of Minnesota and any and all claims made by any third parties as a consequence of any act or omission on the part of said County employees shall be the sole obligation and responsibility of the County. 5. This Agreement shall commence on January 2, 2009 and shall terminate on June 30, 2011. Either party may initiate an extension of this Agreement for a term of two years by giving the other party written notice of its intent to so extend no less than 120 days prior to the termination of this Agreement. If the party who receives said notice of intent to extend gives written notice to the other party of its desire not to extend the Agreement at least 60 days prior to the termination of this Agreement, this Agreement shall terminate on June 30, 2011. 50 6. In consideration of said assessment services, the City/Township agrees to pay the County a fee of $10.50 per parcel for the 2010 and 2011 assessment. In addition, there will be an additional fee of $25.00 for each new construction residential or commercial/industrial building permit with an estimated construction cost of $499,999.00 or less. There will also be an additional fee of $100.00 per parcel for each new construction commercial/industrial building permit with an estimated construction cost of $500,000.00 or more. These additional fees shall be only applicable in those cities which issue their own building permits. 7. Any notice which may be given or made by a party hereto under the terms of this Agreement shall be in writing and shall be sent by United States Mail or personally delivered to the other party addressed as follows: To City: City of Albertville 5959 Main Ave NE, PO Box 9 Albertville, MN 55301 To County: Gregory A. Kramber, Wright County Assessor Wright County Government Center 10 2"d Street NW, Room 240 Buffalo, MN 55313 8. The Agreement may be amended or modified only by written agreement signed by authorized representatives of the parties hereto. 51 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by its duly authorized officers and delivered on its behalf, this day of , 2008. Dated: Dated: Dated: C WRIGHT COUNTY Gregory A. Kramber Wright County Assessor City of Albertville 52 EXHIBIT A During the term of this Agreement, the County shall: 1. Physically inspect and revalue real property, as required by law. 2. Physically inspect and value all new construction, additions and renovation 3. Conduct valuation reviews prior to Board of Review. 4. Attend Board of Review. Per Board request, make all necessary review appraisals. 5. Keep updated field card file - current values, homestead and classification data. 6. Print, mail and post valuation notices. 7. Respond to taxpayers regarding assessment or appraisal problems or inquiries periodically. 8. Make divisions and combinations periodically. 9. Administer the abatement process pursuant to Minn.Stat. § 375,192. 10. Make appraisals for, testify or negotiate all District Court or Tax Court filings. 11. Post values from appraisal cards to assessment rolls. 12. Adjust estimated market values on those properties not physically inspected as needed and per sales analysis. 53 A,lbertville SnuM rnun, uriq. ft City MEMORANDUM Date: December 1, 2008 To: City Council From: Larry R. Kruse, City Administrator Re: General Update SENIOR HOUSING TAX INCREMENT (TIF) PROPOSAL The TIF Financial Planning Agreement with Northland Securities has been signed and Northland has been authorized to proceed. DOWNTOWN LAND TRADE The plat is being reviewed by the County and hopefully a closing will be scheduled in the next few days. CITY HALL PLAT Mylars have been signed should be recorded by Monday's meeting. FRANKLIN SEWER PROJECT The majority of the construction is completed and staff will be finalizing the financial payment with the Franklin. FIRE DEPARTMENT BUDGET-OTSEGO MEETING A meeting with the St. Michael and Albertville representatives and respective City Administrator and Fire Chiefs will be held on Wednesday, December 3rd ALBERTVILLE/ST. MICHAEL JOINT MEETING A joint meeting is tentatively been set for Wednesday, December 17th at 6:00 p.m. to discuss the following items: 1. Fire Contract: 2. Library Planning - New Library? Timing? How much? How to Pay? 3. New Fitness Center/Senior Center Planning 4. Ice Arena? 5. FYCC (Family Youth Community Connections) M:\Public Data\City Administrator\2008\Reports to Council\12-01-2008 City Admin Report.doc Agenda Item No. 8. L.2. Meeting Date December 1, 2008 55 Mayor and Council Communication — November 26, 2008 Administrator — Written Report Page 2 of 2 ARENA LAND — L & D TRUCKING SITE Staff has initiated a conversation with Diane Vinge about several options including: 1) Purchase of entire or partial site; cross parking arrangement and egress/ingress access. OLD CITY HALL (5975 Main Avenue) The water heater stopped working and we purchased an new water heater from DJ's on Tuesday. Public Works and Sunrise Plumbing installed the unit. We are working with InFitness to investigate some power surges that has caused equipment to burn -out. HISTORICAL DISPLAY Barb Dhein has inquired about construction of a historical display in the front lobby. I-94 INTERCHANGE APPROVAL Mark Dierling reported that the MNDOT District Engineer signed our Layout approval and it is going to MNDOT Central Office for a final signature. ALBERT VILLAS POND MITIGATION/S.E.H. SETTLEMENT Dan Boxrud has stated they are nearing completion of their review of the Albert Villas pond situation. I am pressing to get a settlement meeting prior to year-end. M:\Public Data\City Administrator\2008\Reports to Council\12-01-2008 City Admin Report.doc Agenda Item No. Q.L+.Z. Meeting Date December 1, 2008 56