The URL can be used to link to this page

2008-12-15 CC Packetlbcrfvi 11c City of Albertville Council Agenda DECEMBER 15, 2008 7:00 PM PUBLIC COMMENTS -The City of Albertville welcomes and encourages public input on issues listed on the agenda or of general community interest. Advertised public hearings are scheduled as such so that the public is afforded an opportunity to speak. Citizens wishing to address the Mayor and Council regarding specific agenda items, other than public hearings should indicate so and will be afforded an opportunity during the discussion of said item, Council willing and time permitting. Citizens wishing to speak on matters not listed on the agenda (or items on the agenda that did not include an opportunity to speak) are always afforded the opportunity to do so under the heading "Citizens Addressing the Council", usually scheduled at the beginning and end of the agenda. Presentations are limited to five (5) minutes. In any case, citizens are asked to complete a `Request to Speak Card'. 1. PLEDGE OF ALLEGIANCE 2. CALL TO ORDER — ROLL CALL 3. RECOGNITIONS — PRESENTATIONS — INTRODUCTIONS 4. CITIZENS OPEN FORUM — (time reserved 5 minutes) 5. AMENDMENTS TO AGENDA 6. MINUTES A. December 1, 2008 Truth -in -Taxation notes (pgs. 1-4) B. December 1, 2008 regular City Council minutes (pgs. 5-15) 7. 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.F.1. Finance — Semi-monthly Payment of Claims (bills) and Authorize Payments Received by December 31, 2008 (pgs. 17-26) 8.F.2. Finance — Resolution for 2009 Various Fees (pgs. 27-44) 8.F.3. Finance — Fund Balance/Cash Flow Policy; and Financial Policy (pgs. 45-48) 8.F.4. Finance — Identity Theft Policy (pgs. 49-54) 8.F.5. Finance — Travel Policy (pgs. 55-60) 8.F.6. Finance — KDV Auditing Contract (pg. 61) 8.G.1. City Clerk — 2009 City Observed Holidays (pgs. 69-70) 8.I.1. Planning — Zoning Fee Amendment (pgs. 77-82) 8.K.1. Legal — Ordinance Amendment {Various Fees} (pgs. 87-88) M:\Public Data\City Council\Council Packet information\2008\12-15-08\12 15 2008 1-A Agenda.doc Meeting Date: December 15, 2008 City of Albertville Council Agenda December 15, 2008 Page 2 of 4 8.K.2. Legal — Ordinance Amendment {Water Billing} (pgs. 89-90) 8.K.3. Legal — Ordinance Amendment {Noise} (pgs. 91-92) 8. DEPARTMENT BUSINESS A. Family Youth Community Connections (FYCC) — Annual Update (15 minutes) B. Fire Department C. Public Works Department D. Utilities Department (WWTP) E. Building Department F. Finance Department 1). 0 Approve the December 15, 2008 Payment of Claims (bills) for check numbers 026455 to 026515 as presented except the bills specifically pulled, which are passed by separate motion; and, Authorize payment of all just claims received by December 31, 2008 (year-end closeout) (pgs. 17-26) 2). 0 Approve Resolution No. 2008-062 entitled a Resolution Establishing the 2009 Fee Schedules (pgs.27-44) 3). 0 Approve and Implement the Fund Balance/Cash Flow Policy; and Approve and Implement the Financial Policies (pgs. 45-48) 4). 0 Approve and Implement the Identity Theft Prevention Program (pgs. 5). 0 Approve and Implement the Travel Policy (pgs. 49-54) 6). 0 Approve the Kern, DeWenter, & Viere, Ltd. (KDV) 2008 Annual Audit Services Agreement at $25,900 (pg. 54) 7). Approve the Updates to the 2006 Personal Policy (pgs. 63-68) G. City Clerk 1). 0 Approve Resolution No. 2008-061 entitled a Resolution Establishing the 2009 City Observed Holidays (pgs. 69-70) H. City Council 1). Oral Update regarding the December 3, 2008 Fire Department jt. meeting with Albertville and St. Michael (Dan Wagner) 2). Oral Update on the December 8, 2008 STMA Ice Arena Board meeting (LeRoy Berning and/or Tom Fay) 3). Oral Update on the December 9, 2008 Planning and Zoning Commission meeting (Dan Wagner) I. Planning and Zoning 1). Approve Ordinance No. 2008-010 entitled an Ordinance Zoning Related Fees (pgs. 77-82) M:\Public Data\City Council\Council Packet information\2008\12-15-08\12 15 2008 1-A Agenda.doc Meeting Date: December 15, 2008 City of Albertville Council Agenda December 15, 2008 Page 3 of 4 J. Engineering 1). Direct Staff to amend to the Plan Unit Development/Conditional Use Agreement for Karston Cove 3rd Addition to extend the completion of the municipal and on - and off -site improvements until October 31, 2010, conditioned upon: 1) the Developer renewing the Letter of Credit to the satisfaction of the City Attorney, 2) the Developer agrees to complete the paving and any necessary repair to the private streets north of 64th Street by July 31, 2009 to the satisfaction of the City Engineer, and 3) Developer signs the amendment (pgs. 83-86) 2). Oral Assistant City Engineer Progress Report K. Legal 1). 11 Approve Ordinance No. 2008-011 entitled an Ordinance Amending Various Fees within the 2005 Albertville Municipal City Code (pgs. 87-88) 2). 0 Approve Ordinance No. 2008-012 entitled an Ordinance Amending Title 9; Chapter 5; Section 5; Subsection C Regarding Stormwater Billing (pgs. 89-90) 3). 0 Approve Ordinance No. 2008-013 entitled an Ordinance Amending Outdoor Noise — Music from within Building/Structures (pgs. 91-92) 4). Approve Amendment to Planned Unit Development/Conditional Use Agreement (PUD/CUP) Albertville Marketplace Changing Landscape Requirements, Postponing Landscaping to Individual Building Permit Approval and Delaying Installing of Fence (pgs.93-98) 5). Accept the City Attorney's Report dated December 11, 2008 (pgs. 99-101) L. Administration 1). Accept the City Administrator's Written Report (pgs. 103-104) 9. CITIZENS OPEN FORUM - (continued if necessary) 10. ANNOUNCEMENTS and or UPCOMING MEETINGS December 2008 17 7:00 p.m. A. City Council meeting (Albertville -St. Michael @ St. Michael) 22 6:00 p.m. Joint Powers Water Board meeting 25 all day Christmas Day observed — City Offices closed January 2009 1 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 M:\PublieData\CityCouncil\CounciI Packet information\2008\12-15-08\12 15 2008 1-A Agenda.doc Meeting Date: December 15, 2008 City of Albertville Council Agenda December 15, 2008 Page 4 of 4 February 2009 2 7:00 p.m. 9 6:00 p.m. 1.0 7:00 p.m. 16 all day 17 7:00 p.m. 23 6:00 p.m. City Council meeting STMA Ice Arena Board meeting Planning and Zoning Commission meeting Presidents' Day observed — City Offices closed City Council meeting Joint Powers Water Board meeting March 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 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\12-15-08\12 15 2008 1-A Agenda.doc Meeting Date: December 15, 2008 STATE OF MINNESOTA ) COUNTY OF WRIGHT ) AFFIDAVIT OF POSTING SS. Bridget Miller, being first duly sworn, says that on the 1 lth day December 2008 Bridget posted the documents as shown on the reverse side a true copy of each thereof at 4:15 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 / day of ulcol� 2008. Notary Public n _ LANNES , ::-YiINNESOTA 11, 2009 M:\Public Data\City Council\Council Agendas\Affidavit of Agenda Posting format.doc .� *� Alb£r`tvi1l£ s..W 7— wmo ft 0tv ue. Mayor and Council Communication December 8, 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 Monday, December 1, 2008 Albertville Truth -in -Taxation notes as presented, which a final copy will be printed and signed; 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 to approve the Monday, December 1, 2008 regular City Council minutes as presented, which a final copy will be printed and signed; 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. 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/PRACTICES CONSIDERATIONS: It is at the discretion of the Mayor and Council whether the City Council minutes that have been prepared and submitted should be amended. 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. M:\Public Data\Requests for Council Actions (RCA)\2008\12 15 2008 6-A City Council minutes.doc Agenda Item No. 6. Meeting Date December 15, 2008 Mayor and Council Communication — December 8, 2008 City Council Minutes Page 2 of 2 LEGAL ISSUES: In accordance with Council procedures, the Mayor and Council possess the authority to amend the minutes. Respectfully submitted, .w t' Larry R. Y4use City Administrator Department/Responsible Person: Administration/Bridget Miller, City Clerk Attachments: December 1, 2008 Truth -in -Taxation notes and December 1, 2008 regular Council minutes M:\Public Data\Requests for Council Actions (RCA)\2008112 15 2008 6-A City Council minutes.doc Agenda Item No. 6. Meeting Date December 15, 2008 A,lbertville ALBERTVILLE CITY COUNCIL TRUTH -IN -TAXATION HEARING December 1, 2008 MINUTES Albertville City Hall 6:30 PM PRESENT: Mayor Ron Klecker, Council members John Vetsch, LeRoy ierning, Dan Wagner, and Tom Fay, City Administrator Larry Kruse, Finance D reg4 Tina Laritf, ,,and City Clerk Bridget Miller ABSENT: none C HEARING ON THE CITY'S LEVY - CALLED<TO ORDER - R Mayor Klecker called the 2008 Albertville T'rufhh Taxation Public; Hearing meeting to order at 6:30 p.m. FINANCE DIRECTOR TINA1ANNES Mayor Klecker asked if t*,e were any .further questions from the Council regarding the proposed Tax .LeuY<... ;'.. . tuber VetsbU hid cone � with the City's portion of property taxes that appear to be 2009. Finance Dire Lannes remtA" d the Council that during the Budget Workshop, the average amount of propMrjaxes wo4 about $35.00. Council wanted to mkt ure that staff knew to do their best to keep expenses down in 2009, which staff acknowledged the Council's request to keep the 2009 expenses down. Staff reported that the employees are -very conscientious in the purchases that are made, in which staff shops around for the best price and value. Kruse continued by stating that employees do not spend the money just because there are funds in the budget. M:\Public Data\City Council\Council Minutes\2008 Minutes\Bridget's drafts\M 12-01-08 T-n-T B-drafts.doc Agenda Item No. 6.A. Meeting Date December 15, 2008 City of Albertville City Council Truth -in -Taxation Minutes December 1, 2008 Page 2 of 2 PUBLIC COMMENT There was no one from the public to comment on their tax valuations. ADJOURNMENT MOTION BY Council member Berning, seconded by Council member Wagner to adjourn the 2008 Albertville Truth -in -Taxation Public Hearing held on Monday, December 1, 2008 at 6:45 p.m. Motion carried unanimously. Ron Klecker, City M:\Public Data\City Counci]\Council Minutes\2008 Minutes\Bridget's drafts\M 12-01-08 T-n-T B-drafts.doc Agenda Item No. 6.A. Meeting Date December 15, 2008 21 A,lbertville SnmA Toum Uv*W •t Oty Ufa. ALBERTVILLE CITY COUNCIL DECEMBER 1, 2008 MINUTES ALBERTVILLE CITY HALL PLEDGE OF ALLEGIANCE — CALL TO ORDER Mayor Klecker called the Albertville City Council Pledge of Allegiance. ROLL CALL 7:00 PM at 7:00 p:. followed by the PRESENT: Mayor Ron Klecker, Council members Tom Fay, John Vetsch, Dan Wagner, and LeRoy Berning, City Administrator Larry k6e` City Attorney Michael Couri, Assistant City Engineer Adam Nafstad, Public Works Supervisor Tim Guimont, Finance Director Tina Lannes, and City Clerk Bridget Miller ABSENT: City P OTHERS PRE Mayor Klecker a Council that was Larry — no comments if there was anyone in the audience that wanted to discuss an item with the beady on the agenda. AMENDMENTS TO THE AGENDA Mayor Klecker asked if there were any amendments to the agenda. Council member Berning added an item under either Planning or Administration to discuss Walking Street Signs. Upon adding the above items, Klecker asked for a motion to approve the agenda as amended. M:\Public Data\City Council\Council Minutes\2008 Minutes\Bridget's drafts\M 12-01-08 B-drafts.doc Agenda Item No. 6.A. Meeting Date December 15, 2008 5 City of Albertville City Council Minutes December 1, 2008 Page 2 of 11 MOTION BY Council member Wagner, seconded by Council member Vetsch to approve the Monday, December 1, 2008 regular Albertville City Council agenda as amended adding the above mentioned items, which will be discussed in the General Order of Business and considered in its normal sequence on the agenda. Motion carried unanimously. 105-I10aHI &I November 17, 2008 regular City Council minutes Mayor Klecker asked the Council if there were any changes regular City Council minutes. MOTION BY Council member Wagner, seconded by Counci Monday, November 17, 2008 regular City Council metes as be printed and signed; the signed copy will be scanned and the kept on file in the office of the City Clerk that will serve as t i unanimously. CONSENT AGENDA CONSENT AGI All items with an asti enacted by one motic member or citizen so of Business and."cb Mayor Klecker inquire&- Novembe 173 2008 Cons for further iscussion and Payment of a0his (bills) Mayor Klecker a the one item was are considered to be routine in nature by the City Staff and will be i4e will be no separate discusion of these items unless a Council sts In stt h, nt, the Alin will be removed from the General Order v l in its formal soqut#ce on the agenda. members or staff wanted any of the items pulled from the a Tte following item was pulled from the Consent Agenda itlon: 8.E.1. Approve the Monday, December 1, 2008 numbers 026416 to 026450. to approve the December 1, 2008 Consent Agenda, in which MOTION BY Council member Wagner, seconded by Council member Berning to approve the December 1, 2008 Consent Agenda pulling item 8.E.1., which the items will be removed from Consent Agenda and then reviewed during the General Order of Business and considered in its normal sequence on the agenda and will require a separate motion. Motion carried unanimously. M:\Public Data\City Council\Council Minutes\2008 Minutes\Bridget's drafts\M 12-01-08 B-drafts.doc Agenda Item No. 6.A. Meeting Date December 1, 2008 6 City of Albertville City Council Minutes December 1, 2008 Page 3 of 11 DEPARTMENT BUSINESS FAMILY YOUTH COMMUNITY CONNECTIONS (FYCC) — ANNUAL UPDATE (15 minutes) City Administrator Kruse informed the Council that Sandy Greninger contacted the City and asked to be re -scheduled to the December 15, 2008 regular Council meeting because she was not feeling well. , Council acknowledged Ms. Greninger's request and will table FYCC to the December 15, 2008 regular Council meeting. FIRE DEPARTMENT — no comments PUBLIC WORKS DEPARTMENT Accept the Public Works Supervisor's Report dated November 21, 2008 Mayor Klecker asked if the Council Works Supervisor's Report. Council member W question was if the f Finance Director Lannes Funds. . _...��..., After hea'ring the comrrn Councll #9ceeded to acce� presented A e December UTILITIES DEP Update made by regarding the Public .d i question regarding the broomball league and the nets; his for the nets came out of Parks or Broomball League fees. expense W`the broomball nets came out of the Parks and concerns with the Public Works Supervisor's Report, the ,the Public; Works Supervisor's Report dated November 21, 2008 as g008 City Council packet. — no comments BUILDING DEPARTMENT — no comments M:\Public Data\City Council\Council Minutes\2008 Minutes\Bridget's drafts\M 12-01-08 B-drafts.doc Agenda Item No. 6.A. Meeting Date December 1, 2008 7 City of Albertville City Council Minutes December 1, 2008 Page 4 of 11 FINANCE DEPARTMENT Approve the Monday, December 1, 2008 Payment of Claims (bills) for check numbers 026416 to 026450 Council had a question regarding two (2) of the checks: Check No. 026428 made payable to Instrument Control Systems in the _amount of $699.90, which staff explained was adding a PLC setting to the signal. a Check No. made payable to TASC in the amount of $75.00 was o setupahree (3) new employees. After the discussion on the two (2) checks that were puled thefollowing mdW"as made: MOTION BY Council member Berning, seconded by C,ouncil member Vetsch authorizing the Monday, December 1, 2008 Payment of Claims (bills)°for check riuriYbers 026416 to 026450 as presented except the bills/checks specifically pulled, which"pulled from the Consent Agenda will require a separate discussion from the Consent Agenda and a- separate motion from the Consent Agenda. The checks will be signedftthe authorized perspnne( and scanned with supporting documents; the electronically sunned version will be kWa , n file in the office of the Finance Director that will serve as the City's pfficial . d Motion carried unanimously. Approve Resolution N&.T008-05- Resolution Adopting the 2009 Final Levy p Council discussed the 2009 Final )WW during the 2008 Truth -in -Taxation Public Hearing, which was held prior toAe December l re ttlar Council.meetinu_ MOTTOI'+L. BY Council mern%er Wagner,. seconded by Council member Berning to approve Resoluti611t Io. 2008-058 aAo'-solution`Adopting the 2009 Final Levy as presented in the December 1, 2008 regular Cif' council packet, which a final copy will be printed and signed; the signed copy iNlflfll e, scanned a#d the electronic scanned version will be kept on file in the office of the City Clerk th'#„will serve as the official copy. Motion carried unanimously. Approve Resolution No. 2008-059 a Resolution Adopting the 2009 Final Budget There was no further discussion on the 2009 Final Budget. MOTION BY Council member Fay, seconded by Council member Wagner to approve Resolution No. 2008-059 a Resolution Adopting the 2009 Final Budget as presented in the December 1, 2008 regular City Council packet, which a final copy will be printed and signed; the M:\Public Data\City Council\Council Minutes\2008 Minutes\Bridget's drafts\M 12-01-08 B-drafts.doc Agenda Item No. 6.A. Meeting Date December 1, 2008 M. City of Albertville City Council Minutes December 1, 2008 Page 5of11 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. CITY CLERK &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 aP MOTION BY Council member Wagner, seconded by C LG220 Application for Exempt Permit submitted by the Tickets within the Albertville city limits with a drawing` Albert Parish Center as presented except the bills spoofs removed from Consent Agenda and then reviewed duil considered in its normal sequence on the agenda and wi] carried unanimously. CITY COUNCIL — no comments PLANNING AND ENGINEERING uncil member kerning to approve t Michael Liod flub to sell Raffle be held on March 13009 at the St. illy pulled, which the° *s,will be the General Order of Business and mauire a separate motion. Motion Approv R�et1a"�' No. 200$#60 entitled 7esolution Approving Plans and Specifications for the Extension of Munactptl Improvtnts along CSAH 37 Between 64`h Street NE and Kadler Avenue E and Ordering A ?ertiseme�t for Bids MOTION BY ©uncil memb& Wagner, seconded by Council member Berning to approve Resolution No. 2011 60 el r 'led Resolution Approving Plans and Specifications for the Extension of Mumcip,Iprovements along CSAH 37 Between 64th Street NE and Kadler Avenue NE and Orders Advertisement for Bids as presented except the items specifically pulled, which will require a separate discussion from the Consent Agenda and a separate motion from the Consent Agenda, which a final copy will be printed and signed; 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 Council\Council Minutes\2008 Minutes\Bridget's drafts\M 12-01-08 B-drafts.doc Agenda Item No. 6.A. Meeting Date December 1, 2008 City of Albertville City Council Minutes December 1, 2008 Page 6 of 11 &Approve Letter of Credit (LOC) Release for Field Plaza (known as Space Aliens) from $3, 601 to be released in full MOTION BY Council member Wagner, seconded by Council member Berning to approve Letter of Credit (LOC) Release for Field Plaza (known as Space Aliens) from $3,601 to be released in full as presented except the items specifically pulled, which the items will be removed from Consent Agenda and then reviewed during the General Qtder of Business and considered in its normal sequence on the agenda and will require a se arA motion. Motion carried unanimously. Approve Letter of Credit (LOC) Reduction for Phil and an Amendment to the Developer's Agreement Assistant City Engineer Nafstad reported that Phil MMr 1$ has of Credit for the Albertville Marketplace Developmenf end ar Agreement. In effort to achieve the goals of the City and thy;', Developer of Albertville Marketplace, staff is asking the Coin being requested: 1) An amendment to the Development Agxeemopt rega 2) A reduction to the Letter of Credit o ted for the deb 3) An amendment to the Development Agreement that. as shown on the According to the Devi landscaping along the perime completed on a lot by -lot bad in the amoun3 bf'150° :f the The Lettr,of Credit 150% of I f ,host of such that the rquirc estimated cost of.>i<h ensure completlori n require posting of a site plan. the as Albi*lle Marketplace) sted a reduction. i the Letter rdment to the Developer's uest from Mr. Morris, who is the to consider the following items surety. construction of the fence the agreement specifies a completion date for all and requires the remaining landscaping to be ant algo requires that the Developer provide security is iri`ace today includes a $151,800 portion, which represents the entire site. It is requested that the agreement be amended ig security be reduced to $58,000, which reflects 150% of the along the plat perimeter, street corridors, and restaurant site. To �t-landscaping, it is requested that the agreement be amended to surety for each lot at the time of building plan approval. Assistant City Engineer Nafstad went on to report that currently the LOC held by the City is in the amount of $328,202. This LOC 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 M:\Public Data\City Council\Council Minutes\2008 Minutes\Bridget's drafts\M 12-01-08B-drafts.doc Agenda Item No. 6.A. Meeting Date December 1, 2008 10 City of Albertville City Council Minutes December 1, 2008 Page 7 of 11 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. Nafstad noted that 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 andti "ars & fence will create maintenance issues, particularly related to snow removal and lawne. Nafstad informed the Council, that upon discussing the issues with the 1Deeloper and reviewing the matter in the field, staff also agrees that the fence create;mantenanceff culties, and may take away from the freeway visibility and landscaping ;'staff also agrees that t 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,„r until the City deems the fence a necessary safety improvement. Council had a brief discussion regarding the reLa the highest the retaining wall will be and thepla, retaining wall. Staff commented that the fence would be placed precautions. Upon heiniNhe request and back; motion: and fe6*, as to approximately what is he fence' in relationship to the front of the retaining wall for added safety undxeasoning; Council made the following MOTION BY C&44 ember'seconded by Council member Wagner directing staff to amend t©tie Plan Ui4D lopment greement/Conditional Use Agreement for Albertville Marketplace to require lanclscapmg s` e"''in the amount of $58,000 and the posting of individual landscapiti , scrows for each tit prioOX building permit issuance, conditioned upon the Developer sung the amen dnt; and, to reduce the Albertville Marketplace Letter of Credit to no less than $64, Q4 conditioned upon all outstanding balances owed to the City being paid in full; and, directirgff to �xnend to the Plan Unit Development Agreement/Conditional Use Agreement for Albe> xl e�,Ml arketplace to postpone fence construction as detailed on the approved site plans unt1 such time the City deems the fence a necessary due to safety, conditioned upon the Developer signing the amendment; which, if necessary, a final copy will be printed and signed; 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 Council\Council Minutes\2008 Minutes\Bridget's drafts\M 12-01-08 B-drafts.doc Agenda Item No. 6.A. Meeting Date December 1, 2008 11 City of Albertville City Council Minutes December 1, 2008 Page 8of11 Accept the Assistant City Engineer's Project Status Update dated November 21, 2008 Mayor Klecker asked if the Council members had any questions or concerns regarding the Assistant City Engineer's Progress Report. Council had very few comments regarding the Assistant City Engineer's Progress Report. After listening to the few comments and concerns, the Council proceeded to accept the Assistant City Engineer's Progress Report dated November 21, 2008 as presented in the,,December 1, 2008 City Council packet. LEGAL — no comments ADMINISTRATION &Approve the 2010 and 2011 Wright County Asses,, services for property within the Albertville city limits MOTION BY Council member Wagner, second 2010 and 2011 Wright County Assessors tw !", 2) property within the Albertville city limits as pres will require a separate discussion ,f1 om the Cons€ Consent Agenda, which the agreement will be si; will be scanned and l et t` .-ectronically on file in executed copy is sent contract for'assessment uncil member Berning to approve the :tract for assessment services for `ed excep�the'items specifically pulled, which Agenda and a separate motion from the ;d by the appropriate parties, the signed copy office of the City Clerk until a fully - carried unanimously. Accept the`City Admanitror's When Report dated November 26, 2008 Mayor Klecker asked if the Council members had any questions or concerns regarding the City Administrator'§ Witten Rep# that was presented in the Council packet. Council questioned t%e Fir&Department Budget and questioned whether it should be St. Michael instead of Otsego. Adnistrator Kruse confirmed with the Council, in the fact that it should be St. Michael and not the Otsego. Last area discussed was the Arena Land and whether the City Administrator talked to the L & D Trucking property owner, which Kruse left a message and is waiting to hear from Ms. Vinge. After discussing the few concerns, the Council proceeded to accept the City Administrator's Written Report dated November 26, 2008 as presented in the December 1, 2008 City Council packet. M:\Public Data\City Council\Council Minutes\2008 Minutes\Bridget's drafts\M 12-01-08 B-drafts.doc Agenda Item No. 6.A. Meeting Date December 1, 2008 12 City of Albertville City Council Minutes December 1, 2008 Page 9ofII 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) It was the consensus of the Council to set Wednesday, December 17, 2008 as a joint meeting with the City of St. Michael that will begin at 7:00 p.m. and will be held at the St. Michael City Hall. Below is a list of some of the topics, but are not limited to, that will be discussed during stick i the city p their at of the )es of idual to nts, aring )int --- - - r --- ---- --- -- - - -- ------itively set for the St. Michael City Offices. November 2008 24 6:00 p.m. Joint Powers Water Board meeting 24 7:00 p.m. Committee of the Whole Workshop (discussion on fees) 27 all day Thanksgiving Day observed — City Offices closed M:\Public Data\City Council\Council Minutes\2008 Minutes\Bridget's drafts\M 12-01-08 B-drafts.doc Agenda Item No. 6.A. Meeting Date December 1, 2008 13 City of Albertville City Council Minutes December 1, 2008 Page 10 of 11 December 2008 1 6:30 p.m. 1 7:00 p.m. 8 6:00 p.m. 9 7:00 p.m. 15 6:30 p.m. 15 7:00 p.m. 17 6:00 p.m. 22 6:00 p.m. 24 1:30 p.m. 25 all day 26 all day 31 1:30 p.m. January 2009 1 all day 2 all day 5 6:15 p.m. 5 7:00 p.m. 12 6:00 p.m. 13 11:30 a.n 13 7:00 p 20 ,m 7:0pm. 26 6.0062. Fe Truth -in -Taxation Hearing City Council meeting STMA Ice Arena Board meeting Planning and Zoning Commission meeting Truth -in -Taxation Hearing (continued if necessary) City Council meeting Jt. mtg. St. Michael (location TBD) Joint Powers Water Board meeting,, Christmas Eve Day — City Offic aes! close early Christmas Day observed — C><C)closed Christmas Holiday observed "City Clfices closed New Year's Eve Day — City.,(Jffice, clos'`+drly and Zariing C Offices closed Offices closed Council members tional) Sion meeting Joint Powers Water Ftoard meeting 2 ' 7�00 ,m City. Council meeting 9 6 001}; STMA Ice Arena Board meeting 10 7:00 p nIi! `, Plannit�lg' nd Zoning Commission meeting 16 all day y PreS><deits' Day observed — City Offices closed. 17�; 7:00 p.m. City Council meeting VY 00 P.M. Joint Powers Water Board meeting ADJOURNMENT MOTION BY Council member Berning, seconded by Mayor Klecker to adjourn the Monday, December 1, 2008 regular City Council meeting at 7:40 p.m. Motion carried unanimously. M:\Public Data\City Council\Council Minutes\2008 Minutes\Bridget's drafts\M 12-01-08 B-drafts.doc Agenda Item No. 6.A. Meeting Date December 1, 2008 14 City of Albertville City Council Minutes December 1, 2008 Page 11 of 11 Ron Klecker, Mayor Bridget Miller, City Clerk M:\Public Data\City Council\Council Minutes\2008 Minutes\Bridget's drafts\M 12-01-08 B-drafts.doc Agenda Item No. 6.A. Meeting Date December 1, 2008 15 " ,b'�Y`tylll£ Mayor and Council Communication December 10, 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 15, 2008 payment of the claims that includes check numbers 026455 to 026515 as presented except the bills specifically pulled, which are passed by separate motion. Motion authorizing the payment of all just claims received by December 31, 2008, which would be the year-end closeout of payments of claims. BACKGROUND: The City process's claims on a semi-monthly basis. The bills are approved through their respective departments and administration and passed onto the City Council for approval. KEY ISSUES: Check No. 26459 Bill Valerius — Reimburse for purchase of TV and Projector for the Fire Hall — purchased with FD donation monies Check No. 26460 Bob Kilian Electric — cost of materials and labor to replace landscape fixture and 3 wall packs — lights at fire hall Check No. 26464 Cities Digital Solutions — Annual support fee Check No. 26465 City of St. Michael — Annual storm water pond payment Check No. 26466 Crow River Farm Equipment — supplies for Central Park Improvement — saw blades, tube and asst. angle Check No. 26468 Dave Perkins Contracting — Payment #1 Franklin Sewer extension — see attached Engineer report Check No. 26476 Federated Co-op — reimburse for zoning application and escrow, no re- zoning required for garage, just need a building permit Check No. 26498 Pinnacle Printing — Fire Department Calendars — donations M:\Public Data\Requests for Council Actions (RCA)\2008\12 15 2008 8-E-1 Finance Bills Report (RCA).doc Agenda Item No. O. F. I . Meeting Date December 15, 2008 Mayor and Council Communication — December 10, 2008 Finance — Payment of Claims Page 2 of 2 Check No. 26499 Rapit Printing - Fire Department Calendars — donations Check No. 26501 Schindler Elevator — Annual service contract for City Hall Elevator and repair City Hall elevator replace an electronic component, not covered by service contract or warranty Check No. 26502 SJ Louis Construction — Court order approving the SJ Louis settlement agreement which authorizes the City to pay $120,000 from the letter of credit with the balance later after the City has satisfied all of the Developer's obligations under the Developer's Agreement — Hunter's Pass Check No. 26503 St. Croix Recreation — Basketball Set for Winter Park Check No. 26505 Storm Fence Repair — Install fence in Central Park Check No. 26506 Sunrise Plumbing — install water heater old city hall 5975 Main Check No. 26509 TASC — Annual renewal and addition of 2 more people. They are adding each employee separate so we will get bills until all employees are added. The addition to employees to the system is a one time fee, and they need to be added under the new health plan requirements. POLICY/PRACTICES CONSIDERATIONS: It is the City's policy to review and approve payables on a semi-monthly basis. FINANCIAL CONSIDERATIONS: City staff has reviewed and recommends approval of payments presented. LEGAL CONSIDERATIONS: The Mayor and Council have the authority to approve all bills pursuant to Minnesota State Law, which requires all bills to be paid in a timely manner, generally within 30 days unless one party determines disputes the billing. Respectfully submitted, yl -� Larry R. cruse City Administrator Department/Responsible Person: Finance/Tina Lannes, Finance Director Attachments: Check Register Detail, Bolton & Menk payment request M:\Public Data\Requests for Council Actions (RCA)\2008\12 15 2008 8-E-1 Finance Bills Report (RCA).doc Agenda Item No. 8.F.1. Meeting Date December 15, 2008 Nbe tvi e Small Tocsin Wing. 819 City We. Check Detail Register December 15, 2008 Check Amt Invoice Comment 10100 Premier Bank Paid Chk# 026455 12/15/2008 ALLEY COMPANIES INC E 101-43100-215 Shop Supplies $88.37 5300 Cleaning Supplies Total ALLEY COMPANIES INC $88.37 Paid Chk# 026456 12/15/2008 ARAMARK UNIFORM SERVICES E 10 1 -42000-405 Repair/Maint - Buildings $15.82 629-6598027 Mats FD E 101-42000-405 Repair/Maint - Buildings $17.40 629-6616864 Mats FD E 101-43100-417 Uniform Rentals $20.31 629-6621569 Public Works -Uniform Sery E 602-49400-417 Uniform Rentals $20.31 629-6621569 Water Dept - Uniform Sery E 601-49450-417 Uniform Rentals $20.30 629-6621569 Sewage Dept. - Uniform Sery E 101-45100-417 Uniform Rentals $20.31 629-6621569 Parks Dept - Uniform Sery E 101-45100-417 Uniform Rentals $12.77 629-6626272 Parks Dept- Uniform Sery E 101-43100-417 Uniform Rentals $12.77 629-6626272 Public Works -Uniform Sery E 601-49450-417 Uniform Rentals $12.76 629-6626272 Sewage Dept. - Uniform Sery E 602-49400-417 Uniform Rentals $12.77 629-6626272 Water Dept - Uniform Sery E 101-41940-405 Repair/Maint - Buildings $75.77 629-6626273 mats, towels, CH E 602-49400-417 Uniform Rentals $13.08 629-6630981 Water Dept - Uniform Sery E 101-43100-417 Uniform Rentals $13.08 629-6630981 Public Works -Uniform Sery E 601-49450-417 Uniform Rentals $13.07 629-6630981 Sewage Dept. - Uniform Sery E 101-45100-417 Uniform Rentals $13.08 629-6630981 Parks Dept - Uniform Sery Total ARAMARK UNIFORM SERVICES $293.60 Paid Chk# 026457 12/15/2008 ASSOCIATION OF MN BUIDLING OFF E 101-42400-433 Dues and Subscriptions $100.00 Jon Dues AMBO Total ASSOCIATION OF MN BUIDLING OFF $100.00 Paid Chk# 026458 12/15/2008 BERTELSON E 101-41400-200 Office Supplies (GENERAL) $10.21 651459 Office Supplies Total BERTELSON $10.21 Paid Chk# 026459 12/15/2008 BILL VALERIUS E 101-42050-437 Misc. Donations $2,399.77 TV & Proj for FD reimbursement Total BILL VALERIUS $2,399.77 Paid Chk# 026460 12/15/2008 BOB KILIAN ELECTRIC COMPANY E 101-42000-405 Repair/Maint -Buildings $1,174.00 FD Repair landscape fixture/lights Total BOB KILIAN ELECTRIC COMPANY $1,174.00 Paid Chk# 026461 12/15/2008 BOLTON & MENK, INC E 604-49660-303 Engineering Fees $4,956.50 0120128 Storm water management plan E 101-41710-303 Engineering Fees $95.00 0120129 Karston Cove 3rd E 101-41710-303 Engineering Fees $142.50 0120129 Perkins E 101-41700-303 Engineering Fees $142.50 0120129 project updates E 101-41700-303 Engineering Fees $475.00 0120129 staff meetings E 101-41700-303 Engineering Fees $522.50 0120129 drainage, arena, rr crossing E 102-49440-300 Professional Srvs (GENERAL) $546.00 0120129 City Park improvements E 499-49000-303 Engineering Fees $95.00 0120791 Lachman E 494-49000-303 Engineering Fees $760.00 0120795 CSAH 19 & 50th E 473-00000-303 Engineering Fees $190.00 0120796 Prairie Run E 497-00000-303 Engineering Fees $95.00 0120799 70th St E 101-43100-303 Engineering Fees $237.50 0120801 Winter Park Design E 501-49000-303 Engineering Fees $475.00 0120802 phil morris lift station E 101-41700-303 Engineering Fees $237.50 0120803 08 Municipal State Aid E 101-41700-303 Engineering Fees $1,294.50 0120804 Downtown Plat M:\Public Data\City Council\Council Packet information\2008\12-15-08\12 15 2008 8-E-1 Payment Posted Batch.doc.rtf Agenda Item No. Q.FA. Meeting Date December 15, 2008 19 Mayor and Council Communication —December 9, 2008 Finance — Payment of Claims Page 2 of 7 Check Amt Invoice Comment 10100 Premier Bank Paid Chk# 026461 12/15/2008 BOLTON & MENK, INC (continued) E 503-00000-303 Engineering Fees $10,751.00 0120807 CSAH 37 Utility E 101-43100-303 Engineering Fees $380.00 0120808 08 seal coat E 101-43100-303 Engineering Fees $665.00 0120809 08 overlay E 604-49660-303 Engineering Fees $630.00 0120810 Storm water management plan E 101-43100-303 Engineering Fees $902.50 120070 Winter park G 101-22825 Hunters Pass Escrow $95.00 120792 Plan & Plat E 101-41710-303 Engineering Fees $1,045.00 120793 TL 6th Addition E 101-41710-303 Engineering Fees $787.50 120794 Phillip Morris E 101-41710-303 Engineering Fees $142.50 120797 Parkside Commercial E 101-41710-303 Engineering Fees $237.50 120798 Shoppes @ TLII E 101-41710-303 Engineering Fees $1,092.50 120800 TL 5th Addition E 101-41710-303 Engineering Fees $12,805.00 120805 Dominium Dev E 101-41710-303 Engineering Fees $5,470.00 120806 Franklin Sewer E 101-41710-303 Engineering Fees $522.50 120811 Niemeyer Trailer E 101-42400-313 Engineer Plan Check Fee $47.50 120812 drainage 6392 64th Lane Total BOLTON & MENK, INC $45,838.00 Paid Chk# 026462 12/15/2008 CARQUEST E 101-43100-404 Repair/Maint - Machinery/Equip $32.99 1536-50924 seat cover buckets E 101-43100-404 Repair/Maint - Machinery/Equip $42.98 1536-50953 narrow refill, wiper blades E 101-43100-215 Shop Supplies $48.02 1536-50954 red grease, blue roll towel E 101-43100-404 Repair/Maint - Machinery/Equip ($5.29) 1536-51072 return narrow refill E 101-43100-404 Repair/Maint - Machinery/Equip $40.89 66810 Door Handle E 101-43100-404 Repair/Maint - Machinery/Equip $13.76 67502 Cleaner Total CARQUEST $173.35 Paid Chk# 026463 12/15/2008 CENTER POINT ENERGY E 101-41940-383 Gas Utilities $1,316.04 5959 Main Ave E 601-49450-383 Gas Utilities $228.23 11728 63rd Street E 101-43100-383 Gas Utilities $375.68 54214424 PW Bldg Total CENTER POINT ENERGY $1,919.95 Paid Chk# 026464 12/15/2008 CITIES DIGITAL SOLUTIONS E 101-41500-207 Computer Supplies $430.00 26256 Laserfische E 101-41000-300 Professional Srvs (GENERAL) $430.00 26256 Laserfische E 602-49400-300 Professional Srvs (GENERAL) $430.00 26256 Laserfische E 601-49450-300 Professional Srvs (GENERAL) $430.00 26256 Laserfische Total CITIES DIGITAL SOLUTIONS $1,720.00 Paid Chk# 026465 12/15/2008 CITY OF ST. MICHAEL E 601-49450-300 Professional Srvs (GENERAL) $10,000.00 Total CITY OF ST. MICHAEL $10,000.00 Paid Chk# 026466 12/15/2008 CROW RIVER FARM EQUIPMENT E 102-49440-300 Professional Srvs (GENERAL) $394.72 133898 Total CROW RIVER FARM EQUIPMENT $394.72 Paid Chk# 026467 12/15/2008 CROW RIVER NEWS NORTH E 101-41100-351 Legal Notices Publishing $142.68 Total CROW RIVER NEWS NORTH $142.68 Paid Chk# 026468 12/15/2008 DAVE PERKINS CONTRACTING, INC E 602-49400-300 Professional Srvs (GENERAL) $9,227.00 E 504-00000-300 Professional Srvs (GENERAL) $137,978.83 Total DAVE PERKINS CONTRACTING, INC $147,205.83 Storm water pond agreement Central Park Imp zonng fees/accuarcy/RR exchang Pmt # 1 Pmt # 1 M:\Public Data\City Council\Council Packet information\2008\12-15-08\12 15 2008 8-E-1 Payment Posted Batch.doc.rtf Agenda Item No. 8. i' . L Meeting Date December 15, 2008 20 Mayor and Council Communication -December 9, 2008 Finance - Payment of Claims Page 3 of 7 Check Amt Invoice Comment 10100 Premier Bank Paid Chk# 026469 12/15/2008 DJ'S TOTAL HOME CARE CENTER E 101-45100-405 Repair/Maint - Buildings $12.23 34162 caulk, paint E 601-49450-210 Operating Supplies (GENERAL) $12.77 34961 Ballcock adj E 601-49450-210 Operating Supplies (GENERAL) $12.83 35061 Grease cart E 101-43100-215 Shop Supplies $0.80 35062 Supplies E 601-49450-404 Repair/Maint - Machinery/Equip $31.92 35161 elect supplies E 602-49400-210 Operating Supplies (GENERAL) $7.43 35170 supplies E 101-45100-210 Operating Supplies (GENERAL) $7.44 35219 level E 601-49450-210 Operating Supplies (GENERAL) $31.36 35258 level E 101-45100-405 Repair/Maint - Buildings $32.97 35346 Paint supplies E 101-45100-405 Repair/Maint - Buildings $82.98 35363 misc supplies E 601-49450-210 Operating Supplies (GENERAL) $40.43 35428 padlock E 101-45100-210 Operating Supplies (GENERAL) $9.56 35465 Rope E 101-45100-405 Repair/Maint - Buildings $25.52 35472 Silcn caulk E 101-43100-405 Repair/Maint - Buildings $85.09 35491 bulb hipress sodium, plugin, s E 101-41940-405 Repair/Maint - Buildings $19.15 35493 thermocouple 5975 Main E 101-41940-405 Repair/Maint - Buildings $2.13 35495 thermocouple 5975 Main E 101-41940-405 Repair/Maint - Buildings $319.49 35513 hot wtr heater 5975 Main Total DJ'S TOTAL HOME CARE CENTER $734.10 Paid Chk# 026470 12/15/2008 DOCUMENT DESTRUCTION SERVICE E 101-41400-300 Professional Srvs (GENERAL) $31.20 132012 document distruction Total DOCUMENT DESTRUCTION SERVICE $31.20 Paid Chk# 026471 12/15/2008 DON'S AUTO & REPAIR E 101-43100-212 Motor Fuels $18.08 Fuel E 101-42000-212 Motor Fuels $37.87 Fuel E 101-43100-215 Shop Supplies $2.00 Repair tube E 101-42000-212 Motor Fuels $3.29 Fuel E 101-42000-212 Motor Fuels $36.43 Fuel E 101-42400-212 Motor Fuels $50.21 Fuel Total DON'S AUTO & REPAIR $147.88 Paid Chk# 026472 12/15/2008 DUANES SEPTIC SERVICE, LLC E 601-49450-300 Professional Srvs (GENERAL) $175.00 254 52nd Lift Station Total DUANES SEPTIC SERVICE, LLC $175.00 Paid Chk# 026473 12/15/2008 EARL F. ANDERSON, INC. E 101-43100-226 Sign Repair Materials $322.16 0085626-IN yellow solar flasher, signs, p Total EARL F. ANDERSON, INC. $322.16 Paid Chk# 026474 12/15/2008 EGGEN'S DIRECT SERVICE, INC. E 101-43100-212 Motor Fuels $31.64 Fuel E 101-43100-212 Motor Fuels $50.00 Fuel E 101-43100-212 Motor Fuels $15.85 Fuel E 101-43100-212 Motor Fuels $7.99 Fuel E 601-49450-212 Motor Fuels $28.75 Fuel E 101-43100-212 Motor Fuels $66.60 Fuel E 602-49400-212 Motor Fuels $51.00 Fuel E 601-49450-212 Motor Fuels $65.17 Fuel E 601-49450-212 Motor Fuels $9.50 Fuel E 101-43100-212 Motor Fuels $19.50 136737 fuel Total EGGEN'S DIRECT SERVICE, INC. $346.00 Paid Chk# 026475 12/15/2008 EMBARQ- MO E 101-41940-321 Telephone $19.94 Idst Total EMBARQ- MO $19.94 M:\Public Data\City Council\Council Packet information\2008\12-15-08\12 15 2008 8-E-1 Payment Posted Batch.doc.rtf 1 Agenda Item No. 8.l' . i . Meeting Date December 15, 2008 21 Mayor and Council Communication —December 9, 2008 Finance — Payment of Claims Page 4 of 7 Check Amt Invoice Comment 10100 Premier Bank Paid Chk# 026476 12/15/2008 FEDERATED CO-OPS, INC. G 101-22850 Planning & Zoning Escrow $1,550.00 reimburse escrow application f R 101-00000-34103 Zoning and Subdivision Fees $600.00 reimburse application fees gar Total FEDERATED CO-OPS, INC. $2,150.00 Paid Chk# 026477 12/15/2008 GOPHER STATE ONE -CALL E 601-49450-209 Locates $58.88 Locates - Sewer Dept E 602-49400-209 Locates $58.87 Locates - Water Dept Total GOPHER STATE ONE -CALL $117.75 Paid Chk# 026478 12/15/2008 HAWKINS, INC E 601-49450-217 Chemicals - Ferric Chloride $222.50 soda ash grade 100 Total HAWKINS, INC $222.50 Paid Chk# 026479 12/15/2008 HENRYS WATERWORKS, INC E 602-49400-408 R/M - Water Services $494.05 13009 Meter horn E 602-49400-407 R/M - Water Mains $247.25 13024 Repair clamp/copper flare Total HENRYS WATERWORKS, INC $741.30 Paid Chk# 026480 12/15/2008 JOINT POWERS BOARD E 602-49400-372 JP Dist $9,767.71 Cert to Taxes - JP Dist E 602-49400-376 JP Fed Wtr Test $76.72 Cert to taxes - JP Fed WTR E 602-49400-376 JP Fed Wtr Test $206.88 Cert to taxes - JP WTR per Fed E 602-49400-374 JP Dist Pen $3,198.40 Cert to taxes - JP Dist Pen Total JOINT POWERS BOARD $13,249.71 Paid Chk# 026481 12/15/2008 LANO EQUIPMENT E 101-43100-541 C/O - Tractor/Loader $2,662.50 66461 Bobcat loader Total LANO EQUIPMENT $2,662.50 Paid Chk# 026482 12/15/2008 LEAGUE OF MINNESOTA CITIES E 101-41100-433 Dues and Subscriptions $5,044.00 124471 annual dues Total LEAGUE OF MINNESOTA CITIES $5,044.00 Paid Chk# 026483 12/15/2008 MAGIC WATER E 101-42000-404 Repair/Maint -Mach inery/Eq uip $42.00 10195 Water FD Total MAGIC WATER $42.00 Paid Chk# 026484 12/15/2008 MBPTA E 101-42400-433 Dues and Subscriptions $50.00 TL Permit Tech Assoc Dues Total MBPTA $50.00 Paid Chk# 026485 12/15/2008 MINNESOTA PLAYGROUND, INC. E 102-49440-300 Professional Srvs (GENERAL) $34,013.99 2008407 winter park play structure Total MINNESOTA PLAYGROUND, INC. $34,013.99 Paid Chk# 026486 12/15/2008 MIRACLE RECREATION EQUIPMENT E 101-45100-210 Operating Supplies (GENERAL) $22.18 608890 Latch kit for swing seat Total MIRACLE RECREATION EQUIPMENT $22.18 Paid Chk# 026487 12/15/2008 MUNICIPAL EMERGENCY SERVICES E 101-42000-585 C/O - Air Packs $1,737.57 annual services on SCBA's Total MUNICIPAL EMERGENCY SERVICES $1,737.57 M:\Public Data\City Council\Council Packet information\2008\12-15-08\12 15 2008 8-E-1 Payment Posted Batch.doc.rtf Agenda Item No. O.F. I . Meeting Date December 15, 2008 22 Mayor and Council Communication -December 9, 2008 Finance - Payment of Claims Page 5 of 7 Check Amt Invoice Comment 10100 Premier Bank Paid Chk# 026488 12/15/2008 MVTL LABORATORIES, INC E 601-49450-218 Testing Expenses $90.00 423898 Testing Expense (CBOD-5) E 601-49450-218 Testing Expenses $400.00 423972 Equip rental E 601-49450-218 Testing Expenses $211.00 424834 Testing Expense (CBOD-5) Total MVTL LABORATORIES, INC $701.00 Paid Chk# 026489 12/15/2008 N. A. C. E 101-41915-306 Planning Fees $306.50 18082 Parkside Commercial E 101-41915-306 Planning Fees $39.90 18082 Clinic Landscape E 101-41915-306 Planning Fees $125.40 18082 Shoppes @ TL landscape E 101-41915-306 Planning Fees $136.50 18082 Guardian Angels E 101-41915-306 Planning Fees $222.70 18082 Space Aliens Landscape E 101-41915-306 Planning Fees $260.88 18082 Perkins/Shps @ TL II Sign E 101-41915-306 Planning Fees $283.50 18082 Niemeyer Trailer E 101-41915-306 Planning Fees $17.10 18082 Parkside - landscape E 101-41915-306 Planning Fees $146.40 18161 Marketplace Site Plan E 101-41915-306 Planning Fees $213.90 18161 Fed Coop E 101-41915-306 Planning Fees $251.40 18161 Space Aliens Lanscape E 101-41910-306 Planning Fees $500.00 18162 council, planning, staff meeti Total N. A. C. $2,504.18 Paid Chk# 026490 12/15/2008 NORTH AMERICAN CLEANING CORP E 101-42000-405 Repair/Maint -Buildings $138.45 37097 E 101-41940-405 Repair/Maint -Buildings $419.61 37097 Total NORTH AMERICAN CLEANING CORP $558.06 Paid Chk# 026491 12/15/2008 NORTHERN WATERWORKS E 20649400-250 Meters for Resale $20,332.40 Total NORTHERN WATERWORKS $20,332.40 Paid Chk# 026492 12/15/2008 OFFICE MAX E 101-41400-200 Office Supplies (GENERAL) E 101-41400-200 Office Supplies (GENERAL) E 101-41400-200 Office Supplies (GENERAL) Total OFFICE MAX FD cleaning CH cleaning Meters for Re -sale $73.56 631214 pens, calc ribbon, clnr, ppr $7.59 689637 roll ppr calc ($9.92) 717374 refund calc ppr $71.23 Paid Chk# 026493 12/15/2008 OFFICE OF THE SEC. OF STATE E 101-42400-200 Office Supplies (GENERAL) $40.00 TL Notary Renewal Total OFFICE OF THE SEC. OF STATE $40.00 Paid Chk# 026494 12/15/2008 OMANN BROTHERS E 602-49400-408 R/M - Water Services $1,100.00 21117 repair driveway water leak E 602-49400-407 R/M - Water Mains $497.55 8213 A C Mix/Tack Oil Total OMANN BROTHERS $1,597.55 Paid Chk# 026495 12/15/2008 OMANN SHINGLE RECYCLING E 602-49400-407 R/M - Water Mains $289.95 9235 crushed asphalt E 602-49400-407 R/M - Water Mains $144.98 9236 crushed asphalt E 602-49400-407 R/M - Water Mains $21.97 9237 crushed asphalt Total OMANN SHINGLE RECYCLING $456.90 Paid Chk# 026496 12/15/2008 ONVOY, INC. E 601-49450-321 Telephone $35.51 081202009620 phone/data network E 101-43100-321 Telephone $82.86 081202009620 phone/data network E 602-49400-321 Telephone $35.51 081202009620 phone/data network E 101-42400-321 Telephone $236.75 081202009620 phone/data network E 101-42000-321 Telephone $82.86 081202009620 phone/data network E 101-41940-321 Telephone $710.24 081202009620 phone/data network Total ONVOY, INC. $1,183.73 M:\Public Data\City Council\Council Packet information\2008\12-15-08\12 15 2008 8-E-1 Payment Posted Batch.doc.rtf Agenda Item No. 8. F.1. . Meeting Date December 15, 2008 23 Mayor and Council Communication —December 9, 2008 Finance — Payment of Claims Page 6 of 7 Check Amt Invoice Comment 10100 Premier Bank Paid Chk# 026497 12/15/2008 OXYGEN SERVICE COMPANY E 101-43100-215 Shop Supplies $60.55 63955 Total OXYGEN SERVICE COMPANY $60.55 Paid Chk# 026498 12/15/2008 PINNACLE PRINTING, INC. E 101-42050-437 Misc. Donations $78.81 Total PINNACLE PRINTING, INC. $78.81 Paid Chk# 026499 12/15/2008 RAPIT PRINTING E 101-42050-437 Misc. Donations $220.14 69643 Total RAPIT PRINTING $220.14 Paid Chk# 026500 12/15/2008 RC GRADING & EXCAVATING INC G 101-22825 Hunters Pass Escrow $2,045.00 5045 Total RC GRADING & EXCAVATING INC $2,045.00 compress gas, NOS FD Calendars FD Donations Regular Tinted Ca Water main repair Paid Chk# 026501 12/15/2008 SCHINDLER ELEVATOR CORPORATION E 101-41940-405 Repair/Maint -Buildings $702.03 7151098350 repair elevator, electronic co E 101-41940-405 Repair/Maint -Buildings $500.04 8102223650 service conract elevator Total SCHINDLER ELEVATOR CORPORATION $1,202.07 Paid Chk# 026502 12/15/2008 SJ LOUIS CONSTRUCTION, INC G 101-22825 Hunters Pass Escrow $120,000.00 Settlement Total SJ LOUIS CONSTRUCTION, INC $120,000.00 Paid Chk# 026503 12/15/2008 ST. CROIX RECREATION COMPANY E 102-49440-300 Professional Srvs (GENERAL) $1,989.42 15952 Winter Park Total ST. CROIX RECREATION COMPANY $1,989-42 Paid Chk# 026504 12/15/2008 STERLING CODIFIERS, INC. E 101-41400-300 Professional Srvs (GENERAL) $150.00 8358 Code book Total STERLING CODIFIERS, INC. $150.00 Paid Chk# 026505 12/15/2008 STORM FENCE REPAIR & MORE E 102-49440-300 Professional Srvs (GENERAL) $9,889.00 Central Park Imp Total STORM FENCE REPAIR & MORE $9,889.00 Paid Chk# 026506 12/15/2008 SUNRISE PLUMBING E 101-41940-405 Repair/Maint -Buildings $331.00 9834 install water heater Total SUNRISE PLUMBING $331.00 Paid Chk# 026507 12/15/2008 SURPLUS SERVICES E 101-41000-300 Professional Srvs (GENERAL) $10.00 00007717 supplies Total SURPLUS SERVICES $10.00 Paid Chk# 026508 12/15/2008 T & S TRUCKING OF BUFFALO, INC E 101-43100-227 Street Sweeping $455.00 305 Fall Clean up Total T & S TRUCKING OF BUFFALO, INC $455.00 Paid Chk# 026509 12/15/2008 TASC E 101-41400-300 Professional Srvs (GENERAL) $702.00 1/1109-12/31109 E 101-41400-300 Professional Srvs (GENERAL) $50.00 2900065991 11/1 - 12/31 Total TASC $752.00 Paid Chk# 026510 12/15/2008 TRYCO LEASING INC E 101-41400-413 Office Equipment Rental $689.62 4099 Copy Lease Total TRYCO LEASING INC $689.62 M:\Public Data\City Council\Council Packet information\2008\12-15-08\12 15 2008 8-E-1 Payment Posted Batcb.doc.rtf Agenda Item No. 8.F.1 . Meeting Date December 15, 2008 24 Mayor and Council Communication —December 9, 2008 Finance — Payment of Claims Page 7 of 7 10100 Premier Bank Paid Chk# 026511 12/15/2008 USA BLUE BOOK E 601-49450-210 Operating Supplies (GENERAL) E 601-49450-210 Operating Supplies (GENERAL) Total USA BLUE BOOK Paid Chk# 026512 12/15/2008 WASTE MANAGEMENT E 101-43100-384 Refuse/Garbage Disposal E 601-49450-384 Refuse/Garbage Disposal E 101-41940-384 Refuse/Garbage Disposal Total WASTE MANAGEMENT Check Amt Invoice Comment $96.82 710829 Blue Book JM $82.87 713488 Blue book JM $179.69 $46.41 399051015937 PWMIWTP paick up $52.14 399051015937 PWMIWTP paick up $20.01 399051115935 City Hall pickup $118.56 Paid Chk# 026513 12/15/2008 WRIGHT COUNTY MAYORS ASSOC. E 101-41100-433 Dues and Subscriptions $150.00 Total WRIGHT COUNTY MAYORS ASSOC. $150.00 Paid Chk# 026514 12/15/2008 WRIGHT CTY AUDITOR/TREASURER E 101-41400-300 Professional Srvs (GENERAL) $100.00 Total WRIGHT CTY AUDITOR/TREASURER $100.00 Paid Chk# 026515 12/15/2008 XCEL ENERGY E 101-43160-381 Electric Utilities $5,022.85 E 101-43160-381 Electric Utilities $30.14 E 101-41940-381 Electric Utilities $4.02 Total XCEL ENERGY $5,057.01 10100 Premier Bank $444,213.18 Fund Summary 10100 Premier Bank 101 GENERAL FUND $182,853.08 102 CAPITAL OUTLAY RESERVE $46,833.13 206 WAC FUND $20,332.40 473 PRAIRIE RUN $190.00 494 CSAH 19 & 50th St. (South 19) $760.00 497 70th Street $95.00 499 Lachman Ave $95.00 501 Phil Morris Lift Station $475.00 503 CSAH 37 Utilities $10,751.00 504 Franklin Sewer Extention $137,978.83 601 SEWER FUND $12,361.81 602 WATER FUND $25,901.43 604 STORM WATER $5,586.50 $444,213.18 Dues record Notary TLL Street Lighting - 58-59-60 St. electric 10820 Kanter M:\Public Data\City Council\Council Packet information\2008\12-15-08\12 15 2008 8-E-1 Payment Posted Batch.doc.rtf Agenda Item No. 8.F. i.. Meeting Date December 15, 2008 25 BC> L=C>N 8t. M r—= N 1< , m Consulting Engineers & Surveyors it 7533 Sunwood Drive NW • Ramsey, MN 55303 Phone (763) 433-2851 • Fax (763) 427-0833 www.bolton-menk.com December 5, 2008 Mr. Larry Kruse, City Administrator City of Albertville 5959 Main Avenue NE, P.O. Box 9 Albertville, MN 55301-0009 RE: Partial Pay Estimate No. 1 Franklin Property Sewer Extension City of Albertville, Minnesota BMI Project No.: R13.039574 Dear Mr. Kruse: 11`-.IC:e Enclosed please find three (3) copies of Partial Pay Estimate No. 1 for the above referenced project. Payment No. 1 is for work completed through November 2008 and includes the sanitary sewer and watermain work, restoration of the street, the sewer and water offsets, and the abandonment of the Franklin septic system. Based upon the work completed to date, we recommend payment in the amount of $147,205.83 to Dave Perkins Contracting, Inc. For your information, due to the weather, final restoration of the boulevards and pavement markings will be completed in the spring. If everything meets your approval, please sign all three (3) copies, retain one (1) copy, return one (1) copy to our office, and submit one (1) copy along with payment to Dave Perkins Contracting, Inc., 7060 143, Avenue NW, Suite 100, Ramsey, MN, 55303. Please contact me if you have any questions regarding this estimate. Sincerely, BOLTON & MENK, INC. Adam Nafstad, P.E. Project Manager Enclosures DESIGNING FOR A BETTER TOMORROW Bolton & Menk is an equal opportunity employer 26 Albertville Mayor and Council Communication December 8, 2008 SUBJECT: 0 FINANCE - 2008 VARIOUS FEE SCHEDULES FOR SERVICES RECOMMENDATION: It is respectfully requested that the Mayor and City Council consider passing the following motion: Motion to approve Resolution No. 2008-062 entitled a Resolution Setting Fees for Various Services or Violation Fines within the Albertville city limits. BACKGROUND: The Albertville City Council sets the fees for various services and or violation fines at the last meeting of the year. These fees will take effect January 1 of the following year. Changes to the 2008 schedule are: • $250 commercial vendor's license to dump at the compost site • Incorporates the alcohol compliance penalty guideline into the fee schedule. Amounts remain unchanged. • Separated out the Joint Power Water fees on a separate schedule. City utility rates remain the same with modest increase in Joint Power Rates. KEY ISSUES: • Other than the three bullets above, no other fees changes are anticipated at this time for 2009. POLICY/PRACTICES CONSIDERATIONS: It is the policy of the Mayor and City Council to adopt or amend the Resolution setting fees. FINANCIAL CONSIDERATIONS: There are no financial considerations as it relates to approval of the Resolution setting fees for various services and/or violation fines in Albertville. LEGAL ISSUES: In accordance with Council procedures, the Mayor and Council possess the authority to set fees schedules for services. Respectfully submitted, i Larry R. se City Administrator Department/Responsible Person: Finance/Tina Lannes, Finance Director Attachments: Resolution No. 2008-062 M:\Public Data\Requests for Council Actions (RCA)\2008\12 15 2008 8-f-3 Finance R 2008-062 Fee Schedule RCA.doc Agenda Item No. 8.F.2. Meeting Date December 15, 2008 CITY OF ALBERTVILLE COUNTY OF WRIGHT STATE OF MINNESOTA RESOLUTION NO.2008-062 RESOLUTION SETTING FEES FOR VARIOUS SERVICES or VIOLATIONS WITHIN THE ALBERTVILLE CITY LIMITS WHEREAS, the Albertville City Council sets the following fees by resolution effective January 1, 2009: Exhibit A - attached — 2009 Fee Schedule Exhibit B — attached 2009 Rental Fee Schedule Exhibit C — attached 2009 Violations of the City Liquor Ordinance Exhibit D — attached 2009 Joint Powers Water Board Utility Rates Adopted by the City Council of the City of Albertville this 151h day of December 2008. Ron Klecker, Mayor Bridget Miller, City Clerk MAPublic Data\Resolutions\2008 Resolutions\draft\12 15 2008 Finance R 2008-062 (2009 Fee Schedule).doe 29 City of Albertville County of Wright Resolution No. 2008-062 Page 2 EXHIBIT A 2009 Fee Schedule Title Chptr Sec Subject Proposed Fee changes from 2008 are bold Dog related fees: 3 1 3.13.1. Dog License (altered) (pay up to 2-yrs.) $10 per dog, per year, plus sales tax 3 1 3.13.1. Dog License (un-altered) (pay up to 2-yrs.) $15 per dog, per year, plus sales tax 3 1 3.13.1. Dog License Replacement $5 , plus sales tax 3 1 3.13.1. Dog Kennel Permit $50 per household, per year, plus sales tax 1st Impoundment Dog Impoundment & $50 , plus Boarding fees redemption fee (in addition, all rid . 2 Impoundment 3 1 3.B.3. impoundment, transport and $100 Boarding fees boarding fees incurred by the ,plus City must be paid) Subsequent impoundments $200 , plus Boarding fees License related fees: 3 1 3.13.1. Garbage Hauler License $150 per year 4 2 3 . Coin -Operated Amusement $15 annually (per MN State Statute) Device License (per location) 4. 2 3. Coin -Operated Amusement $15 annually (per MN State Statute) Device License (per device) 4 3 1 Bingo License $25 annually 4 5 7 Massage Enterprise License & $300 Investigation M:\Public Data\Resolutions\2008 Resolutions\draft\12 15 2008 Finance R 2008-062 (2009 Fee Schedule).doc Agenda Item No. 8. F.2. Meeting Date December 15, 2008 30 City of Albertville County of Wright Resolution No. 2008-062 Page 3 Title Chptr Sec Subject Proposed Fee changes from 2008 are bold License related fees continued: 4 5 7 Message Therapist Individual $50 annually License 10 4 10 Rental Unit License and Inspection fee — Apartment $150 per bldg. + $50 per unit, complex wally Rental Unit License and 10 4 10 Inspection fee — Single Family $100 annually detached Rental Unit License and $50.00 per Bldg, plus 10 4 10 Inspection fee — Single Family $50.00 per unit attached 3 1 3.13.3. Vendor Transient Permit $10 per day, plus sales tax 3 1 3.13.3 Vendor Seasonal Permit $10 per day, plus sales tax Peddler Transient Merchant $50 per day, per individual 3 1 3.13.3. (maximum 30 days) $50 1" day, $1.00 ea. add'1 day, per individual 3 1 3.13.3. Temporary Outdoor Seasonal $50 per event Sales Permit (90 days max) 10 5 5.C.2.c. Advertising Device (billboard) $75 per billboard License - Renewal Compost Site $250 annual license for commercial vendors (Albertville materials) Copying —faxing — other miscellaneous fees: Administrative fees / Penalty $200 (up to $200 per occurrence) Parking Fund $4,500 per stall Developer Fees 3.5% M:\Public Data\Resolutions\2008 Resolutions\draft\12 15 2008 Finance R 2008-062 (2009 Fee Schedule).doc Agenda Item No. 8. P .2. Meeting Date December 15, 2008 31 City of Albertville County of Wright Resolution No. 2008-062 Page 4 Title Chptr Sec Subject Proposed Fee changes from 2008 are bold 3 1 3.13.3. Recycle bin $10 , plus sales tax 3 1 3.13.3. Special Assessment Search $20 per property Copying —faxing — other misc. fees continued: 3 1 3.13.3. PID and or Legal Description $10 per property Pop / water Per vendor 3 1 3.13.3. Copies (8 V2" x 11") $0.25, plus sales tax 3 1 3.13.3. Lot Survey Copy (11" x 17") $1 per copy, plus sales tax 3 1 3.13.3. Color Copies $0.30 per copy, plus sales tax 3 1 3.13.3. Faxes $3 1st page, $0.25 ea. additional page 3 1 3.13.3. Maps — 2' x 3' wall, black & white $2 , plus sales tax 3 1 3.13.3. Maps — 2' x 3' wall color $5 , plus sales tax 3 1 3.13.3. Maps — I I" x 17" street, black & white $2 , plus sales tax 3 1 3.13.3. Maps — 11" x 17" street, color $5 , plus sales tax 3 1 3.13.3. Maps — 11" x 17" zoning, color $5 , plus sales tax 3 1 3.13.3. Maps — I I" x 17" sub -division $5 , plus sales tax Business lists (mailing list) DO NOT PROVIDE Resident lists (mailing list) DO NOT PROVIDE Builders -Contractors lists (mailing list) DO NOT PROVIDE Minutes/Agendas M:\Public Data\Resolutions\2008 Resolutions\draft\12 15 2008 Finance R 2008-062 (2009 Fee Schedule).doc Agenda Item No. 0.F.2. Meeting Date December 15, 2008 32 City of Albertville County of Wright Resolution No. 2008-062 Page 5 Title Chptr Sec Subject Proposed Fee changes from 2008 are bold Mailed $7 plus sales tax Electronic $5 plus sales tax Faxed $5 plus sales tax Picked up $3 plus sales tax Copying —faxing - other misc. fees continued: Council/Planning Packets Mailed $25 plus sales tax Electronic $20 plus sales tax Picked up $20 plus sales tax 3 1 3.13.3. Comprehensive Plan $100 , plus sales tax 3 1 3.13.3. Comprehensive Park Plan $75 , plus sales tax 3 1 3.13.3. 2005 Albertville Municipal $300 plus sales tax City Code Book , 3 1 3.13.3. Standard Detail Plates $25 , plus sales tax 3 1 3.B.3. Real Estate Annual Fee $50 per year (include Parade of Homes) 3 1 3.13.3. Weed Elimination $100 minimum, equipment cost plus man hours 3 1 3.13.3. Mowing $100 minimum, equipment cost plus man hours 3 1 3.13.3. Snow plowing $100 minimum, equipment cost plus man hours 1 5 2.C. Special meeting fee $150 3 1 2 Returned check fee $20 plus bank fees 3 1 3.13.3. Special Assessment Deferment Federal Poverty Level Income level 4 6 9 Cable System Franchise $500, plus City expenses Application Fee M:\Public Data\Resolutions\2008 Resolutions\draft\12 15 2008 Finance R 2008-062 (2009 Fee Schedule).doc Agenda Item No. 8. F.2. Meeting Date December 15, 2008 33 City of Albertville County of Wright Resolution No. 2008-062 Page 6 Title Chptr Sec Subject Proposed Fee changes from 2008 are bold Building and or, Zoning related fees: 3 1 3.13.3. Zoning Request (lot size, permitted use, etc.) $25 per property 3 1 3.13.3. Temporary Sign Permit $25 Building and or Zoning related fees continued: Business sign permit fee Per building permit fee schedule Advertising Device (Billboard) permit fee Per building permit fee schedule Building maintenance and occupancy appeal fee $250 plus City expenses Swimming pool permit fee Per building permit fee schedule Permit/Records — Duplicate $50 per hour Wastewater — water — stormwater related fees: 3 1 3.13.3. Water Disconnect $35 plus tax, non-residential 3 1 3.13.3. Water Re -connect $35 plus sales tax, non-residential 9 2 5 Water meter test $50 plus sales tax, non-residential $250 Sewer tap fee 9 4 6 Private Sewage Disposal System Permit $100 9 4 8 Private Sewage Disposal System Inspection $100 $25 per year Water Availability Charge (for those who have city water available, but choose not to hook-up) MAPublic Data\Resolutions\2008 Resolutions\draft\12 15 2008 Finance R 2008-062 (2009 Fee Schedule).doc Agenda Item No. 8...1' .Z. Meeting Date December 15, 2008 CE City of Albertville County of Wright Resolution No. 2008-062 Page 7 Title Chptr Sec Subject Proposed Fee changes from 2008 are bold Wastewater — water — stormwater related fees continued. 9 2 9 2 9 1 3.A 10 10 E Water Rates (monthly) Joint Powers portion See Exhibit D Joint Powers Water Board Fee Schedule See Exhibit D Joint Powers Water 2009 Board Fee Schedule 2009 City of Albertville portion (bi- monthly) 0-6,667 gallons 6,668-13,335 gallons 13,336-23,335 gallons Over 23,336 Sewer Rates (bi-monthly) 0-10,000 gallons Over 10,000 gallons Storm water Rates (bi-monthly) Storm Water 1 Residential Storm Water 2 Residential See Storm Water 3 Residential Resolution Non-residential impervious 0- No. 2007-60 5% Non-residential impervious for fees set by 6-35% the Council Non-residential impervious 36-65% Non-residential impervious 66-100% $4.43 minimum bill $0.69 per 1,000 gal. over 6,667 $0.74 per 1,000 gal. over 13,335 $0.79 per 1,000 gal. over 23,335 $30.62 minimum bill $3.44 per 1,000 gal. over 10,000 Storm water rate for pond not included that will be a separate resolution $4.00 flat fee $5.56 flat fee $10.00 flat fee $6.29 per acre $11.85 per acre $16.66 per acre $29.98 per acre M:\Public Data\Resolutions\2008 Resolutions\draft\12 15 2008 Finance R 2008-062 (2009 Fee Schedule).doc Agenda Item No. 8.F.2. Meeting Date December 15, 2008 35 City of Albertville County of Wright Resolution No. 2008-062 Page 8 Fire related fees: Open Burning Nuisance $200 Abatement fee Car Fires/Accidents (non- $500 first hours residential) $200 per hour thereafter 3 5 1 & 2 False Alarms — 1st and 2" Free of charge 3 5 1 & 2 False Alarms — 3rd $300.00 3 5 1 & 2 False Alarms — 4th $400.00 3 5 1 & 2 False Alarms — 5th $500.00 3 5 1 & 2 False Alarms — 6th $600.00 3 5 1 & 2 False Alarms — 7th $700.00 3 5 1 & 2 False Alarms — 81h $800.00 3 5 1 & 2 False Alarms — 91h $900.00 3 5 1 & 2 False Alarms — 10'h $1,000.00 etc. Fire Department Engine Type 1 & 2 (Wright county FCA $400.00 per hour uniform schedule billable calls) Fire Department Engine Type 3 — 7 (Wright county FCA $150.00 per hour uniform schedule billable calls) Fire Department Aerial Apparatus (Wright county FCA $750.00 per hour uniform schedule billable calls) Fire Department Tenders — All Types ((Wright county FCA $300.00 per hour uniform schedule billable calls) Fire Department Utility & Rescue — All Types (Wright $400 per hour county FCA uniform schedule billable calls) M:\Public Data\Resolutions\2008 Resolutions\draft\12 15 2008 Finance R 2008-062 (2009 Fee Schedule).doe Agenda Item No. 8. F.G. Meeting Date December 15, 2008 CM City of Albertville County of Wright Resolution No. 2008-062 Page 9 Fire Department Boat/Water Ice Rescue (Wright county FCA $150.00 per hour uniform schedule billable calls) Fire Department Personnel Each (Wright county FCA uniform $20.00 per hour schedule billable calls) M:\Public Data\Resolutions\2008 Resolutions\draft\12 15 2008 Finance R 2008-062 (2009 Fee Schedule).doc Agenda Item No. 8. F.2. Meeting Date December 15, 2008 37 City of Albertville County of Wright Resolution No. 2008-062 Page 10 EXHIBIT B 2009 Rental Fee Schedule CENTRAL PARK SHELTER RENTER DAYS RESIDENT NON-RESIDENT Private Business Monday - Thursday $100 per day, plus sales tax $150 per day, plus sales tax Private Business Friday - Sunday $100 per day, plus sales tax $150 per day, plus sales tax Civic Organizations or Non -Profit Groups Same as Above Once a month free then 50% off above rate Central Park Ballfield Fine (if no damage deposit) Administrative Fine $200.00 CENTRAL PARK SHELTER LEAGUE OR OTHER TYPE OF RENTAL RENTAL FEE Central Park — Softball Leagues $1.25.00 per field, per day, plus sales tax & proof of liability dis.; includes lights & scoreboards Central Park — Softball Tournaments $1.00.00 per field, per day, plus sales tax & proof of liability dis.: includes 1i<,)hts & scoreboards Central Park — Broomball Leagues $75.00 per field, per day, plus sales tax & proof of liability dis.; includes lights & scoreboards Central Park — Broomball Tournaments $1.00.00 per field., per day, plus sales tax & proof of liability dis.; includes lights & scoreboards Central Park Ballfield Fine (if no damage deposit) Administrative Fine $200.00 Damage Deposit on all private and business rentals is $100.00. Civic and non-profit organizations are required to clean the facility prior to leaving, leaving the area in the same or in a better condition than found. M:\Public Data\Resolutions\2008 Resolutions\draft\12 15 2008 Finance R 2008-062 (2009 Fee Schedule).doe Agenda Item No. 8.F.2. Meeting Date December 15, 2008 0 City of Albertville County of Wright Resolution No. 2008-062 Page 12 EXHIBIT B 2009 Rental Fee Schedule continued CONFERENCE ROOM (SEATING FOR 8-12) {East or West) RENTER Private Business Private Business Civic Organizations or Non -Profit Groups DAYS Monday - Thursday Friday - Sunday Sunday — Saturday RESIDENT (2 Hr Min) $10 per hour plus sales tax $15 per hour plus sales tax $50 per hour setup — take down fee, plus tax Civic Organizations I Same as Above Once a month free then or N6n-Profit Groups 50% off above rate UPSTAIRS (SEATING FOR 12-50) RENTER DAYS RESIDENT (4 HRs) NON-RESIDENT (2 Hr Min) $20 per hour plus sales tax $30 per hour plus sales tax $50 per hour setup — take down fee, plus tax NON-RESIDENT (4 HRs) Private Business Monday - Thursday $50 per event $75 per event plus sales tax plus sales tax Private Business Civic Organizations or Non -Profit Groups Civic Organizations or Non -Profit Groups Friday - Sunday Sunday — Saturday Same as Above $100 per event plus sales tax $50 per hour setup — take down fee, plus tax Once a month free then 50% off above rate Damage Deposit on all private and business rentals is $100.00. $150 per day plus sales tax $50 per hour setup — take down fee, plus tax Civic and non-profit organizations are required to clean the facility prior to leaving, leaving the area in the same or in a better condition than found. M:\Public Data\Resolutions\2008 Resolutions\draft\12 15 2008 Finance R 2008-062 (2009 Fee Schedule).doc Agenda Item No. 8.F.2. Meeting Date December 15, 2008 .A City of Albertville County of Wright Resolution No. 2008-062 Page 13 EXHIBIT B 2009 Rental Fee Schedule continued MULTI -PURPOSE ROOM OR COUNCIL CHAMBER (SEATING FOR 12-50) RENTER Private Business Private Business Civic Organizations or Non -Profit Groups DAYS Monday - Thursday Friday - Sunday Sunday — Saturday RESIDENT (4 HRS) $75 per event plus sales tax $125 per event plus sales tax $50 per hour setup — take down fee, plus tax NON-RESIDENT (4 HRs) $110 per event plus sales tax $200 per day plus sales tax $50 per hour setup — take down fee, plus tax Civic Organizations Same as Above Once a month free then or Non -Profit Groups 50% off above rate FULL COMMUNITY ROOM (SEATING FOR 50-100) {Council Chamber and Multi -purpose Room combined) RENTER DAYS I RESIDENT (4 HRs) NON-RESIDENT (4 HRs) Private Business Private Business Civic Organizations or Non -Profit Groups Monday - Thursday Friday - Sunday Sunday — Saturday $125 per event plus sales tax $200 per event plus sales tax $50 per hour setup — take down fee, plus tax Civic Organizations Once a month free then or Non -Profit Groups Same as Above 50% off above rate Kitchen OTHER AMENITIES RENTAL EQUIPMENT AV Cart Coffee Same as Above Multi -purpose Room $50 per event plus sales tax RESIDENT $10 plus sales tax To be determined M:\Public Data\Resolutions\2008 Resolutions\draft\12 15 2008 Finance R 2008-062 (2009 Fee Schedule).doc $200 per event plus sales tax $300 per event plus sales tax $50 per hour setup — take down fee, plus tax $75 per event plus sales tax NON-RESIDENT $15 plus sales tax To be determined Agenda Item No. 8. F.2. Meeting Date December 15, 2008 41 City of Albertville County of Wright Resolution No. 2008-062 Page 14 EXHIBIT C 2009 Liquor Violation Schedule Upon a finding that a licensee of any license granted pursuant to the City's Liquor Ordinance has failed to comply with any provision of that Ordinance or any applicable State law, or other regulation or ordinance relating to alcoholic beverages, the City Council pursuant to the enforcement provisions of the City's Liquor Ordinance may either suspend the license for a period of up to sixty (60) days, revoke any liquor license, or impose a civil fine on the licensee not to exceed $2,000, for each violation. 2. The civil penalty and/or suspension and revocation imposed pursuant to the City's Liquor Ordinance may in the City Council's discretion be based on the following guidelines related to the licensees total number of violations at the specific location, at which the violation occurred, within the proceeding 24-month period as follows: First Violation: $ 500.00 Second Violation $1,000.00 Third Violation $1,500.00, plus two (2) day suspension of license Fourth violation $2,000,00, plus a suspension of not less than five (5) days but no more than sixty (60) days or revocation as determined by the City Council The above referenced schedule is non -binding and is only intended as a guide to the City Council for the imposition of appropriate sanctions pursuant to the City's Liquor Ordinance. The City Council in its discretion may depart from this schedule for any reason it deems appropriate. 4. Any suspension and/or revocation imposed by the City Council shall be pursuant to the relevant provisions of the City's Liquor Ordinance including any hearing requirements. 5. Nothing in this resolution is intended to prohibit the City, County or other authorized entity from seeking criminal prosecution for violations of the City's Liquor Ordinance or other laws related to alcoholic beverages. M:\Public Data\Resolutions\2008 Resolutions\draft\12 15 2008 Finance R 2008-062 (2009 Fee Schedule).doc Agenda Item No. 8.F.2. Meeting Date December 15, 2008 42 City of Albertville County of Wright Resolution No. 2008-062 Page 15 EXHIBIT D Joint Powers Water Board 2009 Fee Schedule Supply Connection Fee (WAC) JP Distribution Connection Fee Water Rate: Residential Supply (BASE rate -no minimum) Supply 0-3500 gal Supply 3501-6500 gals Supply 6500-11500 gals Supply 11500-16500 gals Over 16500 Water Rate: Distribution Water Rate: Commercial Base Rate per 1,000 gal 314 inch meter 1 inch meter 1.5 inch meter 2 inch meter 3 inch meter 4 inch meter 6 inch meter 8 inch meter Commodity Rate, per 1,000 gallons Water Rate Irrigation Only 314 inch meter 1 inch meter 1.5 inch meter 2 inch meter 3 inch meter >3 inch meter Commodity Rate, per 1,000 gallons M:\Public Data\Resolutions\2008 Resolutions\draft\12 15 2008 Finance R 2008-062 (2009 Fee Schedule).doc Agenda Item No. 8. F.2. Meeting Date December 15, 2008 43 City of Albertville County of Wright Resolution No. 2008-062 Page 16 M:\Public Data\Resolutions\2008 Resolutions\draft\12 15 2008 Finance R 2008-062 (2009 Fee Schedule).doc Employment Cost Index Construction Cost Index Consumer Price Index Base Fees = Agenda Item No. 8.F.2. Meeting Date December 15, 2008 J J Nbertville Mayor and Council Communication December 8, 2008 SUBJECT: 0 FINANCE DEPARTMENT — FUND BALANCE/CASH FLOW POLICY AND FINANCIAL POLICIES RECOMMENDATION: It is respectfully requested that the Mayor and Council consider the following two motions: Motion to approve and implement the Fund Balance/Cash Flow Policy and Financial Policies. BACKGROUND: Upon completion of our 2007 annual audit there was a Finacial performace and accountability recommendation. The City of Albertville currently does not have policies regarding Fund Balance/Cash Flows and Financial Policies. It was a recommendation of KDV to develop written policies which is approved by City Council. KEY ISSUES: • Estimate a reasonable budget that does NOT exceed the amount of revenues • Work toward a goal of a balanced budget with an increase in fund balance • Disbursements/transfers, unbudgeted expenditures should not occur until it is verified that adequate funds are available • Reduce deficit cash/fund balances in all funds POLICY/PRACTICES CONSIDERATIONS: It is the City's policy to review and approve policies and programs to be in accordance with general accounting principles. FINANCIAL CONSIDERATIONS: There is no financial impact, at this time to adopting these policies. These policies assist to insure there is a source of funds for all uses of funds. That is to say that all capital project will have a source of funding when they are approved. LEGAL CONSIDERATIONS: The Mayor and Council have the authority to approve policies and programs to be in legal compliance of the federal and state laws. Respectfully submitted, Larry Ruse City Administrator Department/Responsible Person: Finance/Tina Lannes, Finance Director Attachments: Fund balance/Cash Flow Policy, Financial Policies M:\Public Data\Requests for Council Actions (RCA)\2008\12 15 2008 fund balance, financial policies RCA.doc Agenda Item No. 8.F.3. Meeting Date December 15, 2008 City of Albertville Fund Balance/Cash Flow Policy General Fund Balance Policy The City of Albertville recognizes the importance of maintaining an appropriate level of fund balance. Sound fiscal managements of Albertville's general fund operation budget are made more secure by establishing city goals regarding the size and use of the annual general fund balances. This policy provides two goals and measures for determining the appropriate fund balance. The security factor must be met before the dependence factor can be applied. The City of Albertville will strive to meet these goals. 1. Security. Ensure that, at NO time during budget preparation, the amounts remaining in current year end fund balance (defined as the prior year's known fund balance amount less the amount designated for application to the current year budget) be allowed to be less than 35% of the next years planned budget for the General Fund as a minimum. As economic conditions warrant, an amount larger than this shall be maintained. This will be applied to cash flow, revenue reserves and insurance and liability needs, or be available in the time of emergencies. If the current fund balance meets or exceeds the 35% the intent is to maintain that level. If the fund balance level falls below the 35% due to unexpected expenses, a replenishment plan will be developed. 2. Dependence. In building the next year's budget, the percentage of total annual budget financing that can come from fund balances will not exceed 5% of the planned budget. Cash Flow Policy Cash Flow Requirements The amount designated for cash flow reserves shall be 50% of the ensuing year's tax levy. Emergency and Contingency Requirements The amount designated for contingencies and emergencies shall be 2% of the ensuing year's general fund budgeted operating expenditures and shall not be appropriated for budget purposes in the ensuing year M:\Public Data\Policies\fund balance -cash flow policy.doc Agenda Item No. 8.F.3. Meeting Date December 15, 2008 47 City of Albertville Fund Balance/Cash Flow Policy Page 2 of 2 General Debt Service Fund Balance Policy In accordance with the City of Albertville's historical practice of certifying tax levies for general obligation bond issues, the City shall establish and maintain a designated fund balance reserve for the first half of the subsequent year's debt service. The reserve is required to include an amount necessary to fund the pending bond sales estimated current interest payment and subsequent year requirement. M:\Public DataTolicieffund balance -cash flow policy.doc Agenda Item No. O..[` .3. Meeting Date December 15, 2008 A,lbertvill-c Mayor and Council Communication SMNT� L*k* ft Chu ul.. December 8, 2008 SUBJECT: 0 FINANCE DEPARTMENT — IDENTITY THEFT PREVENTION PROGRAM RECOMMENDATION: It is respectfully requested that the Mayor and Council consider the following motion: Motion to approve and implement the Identity Theft Prevention Program. BACKGROUND: In September of 2008 staff was notified of the new Federal "Red Flags Rule". This rule requires local governments to generate and follow a written plan to catch and stop those who attempt to commit fraud by using another person's identity. KEY ISSUES: • Identify red flags for new and existing accounts • Respond appropriately to detected red flags to prevent identity theft POLICY/PRACTICES CONSIDERATIONS: It is the City's policy to review and approve policies and programs to be in accordance with regulation of local government. FINANCIAL CONSIDERATIONS: There is no financial impact to implementing this program. Staff currently watches for red flags. LEGAL CONSIDERATIONS: The Mayor and Council have the authority to approve policies and programs to be in legal compliance of the federal and state laws. Respectfully submitted, Larry R. ase City Administrator Department/Responsible Person: Finance/Tina Lannes, Finance Director Attachments: Identity Theft Prevention Program M:\Public Data\Requests for Council Actions (RCA)\2008\12 15 2008 identity theft program RCA.doc Agenda Item No. 8. F.4. Meeting Date December 15, 2008 City of Albertville Identity Theft Prevention Program L Program Adoption The City of Albertville has developed an Identity Theft Prevention Program pursuant to the Federal Trade Commission's Red Flags Rule ("Rule', which implements Section 114 of the Fair and Accurate Credit Transaction Act of 2003. 16C.F.R. 681.2. This program was developed with oversight and approval of the City Council. After consideration of the size and complexity of the City's operations and account systems, and the nature and scope of the City's activities, the City Council determined that this program is appropriate for the City of Stewartville, and therefore approved this Program on October 28, 2008. II. Program Purpose and Definitions A. Fulfilling requirements of the Red Flags Rule Under the Red Flag Rule, every financial institution and creditor is required to establish an "Identity Theft Prevention Program" tailored to its size, complexity and the nature of its operation. Each program must contain reasonable policies and procedures to: 1. Identify relevant Red Flags for new and existing covered accounts and incorporate those Red Flags into the Program. 2. Detect Red Flags that have been incorporated into the Program. 3. Respond appropriately to any Red Flags that are detected to prevent and mitigate Identity Theft and; 4. Ensure the Program is updated periodically, to reflect changes in risks to customers or to the safety and soundness of the creditor from Identity Theft. B. Red Flags Rule definitions used in the Program The Red Flags Rule defines "Identity Theft" as "fraud committed using the identifying information of another person" and a "Red Flag" as a pattern, practice, or specific activity that indicates the possible existence of Identity Theft. According to the Rule, a municipal utility is a creditor subject to the Rule requirements. The Rule defines creditors "to include finance companies, automobile dealers, mortgage brokers, utility companies, and telecommunication companies. Where non-profit and government entities defer payment for goods or services, they too, are to be considered creditors". All City accounts that are individual water/sewer service accounts held by customers of the City whether residential, commercial or industrial are covered by the Rule. Under the Rule, a "covered account" is: M:\Public Data\Policies\Red Flag Rule.doc Agenda Item No. 8. F.4. Meeting Date December 15, 2008 51 City of Albertville Identity Theft Prevention Program Page 2 of 4 1. Any account the City offers or maintains primarily for personal, family or household purposes, that involves multiple payments or transactions; and 2. Any other account the City offers or maintains for which there is a reasonably foreseeable risk to customers or to the safety and soundness of the City from Identity Theft. "I:dentifying Information" is defined under the Rule as "any name or number that may be used, along or in conjunction with any other information, to identify a specific person, "including: name, address, telephone number, social security number, date of birth, government issued driver's license or identification number, alien registration number, government passport number, employer or taxpayer identification number, computer's Internet Protocol address, or routing code. III. Identification of Red Flags In order to identify relevant Red Flags, the City considers the types of accounts that it offers and maintains, the methods it provides to open its accounts, the methods it provides to access its accounts, and its previous experiences with Identity Theft. The City identifies the following red flags, in each of the listed categories: A. Suspicious Documents/Account Activity Red Flags 1. Documents with information that is not consistent with existing customer information (such as if a person's signature on a check appears forged); 2. A call for change of service that seems to be unusual 3. Payments stop on an otherwise consistently up-to-date account 4. Account used in a way that is not consistent with prior use (example: very high activity). 5. Notice to the City that a customer is not receiving mail sent by the City. 6. Breach in the City's computer system security 7. Unauthorized access to or use of customer account information. B. Alerts from Others 1. Notice to the City from a customer, identity theft victim, law enforcement or other person that it has opened or is maintaining a fraudulent account for a person engaged in Identity Theft. M:\Public Data\Policies\Red Flag Rule.doc Agenda Item No. 8.F.4. Meeting Date December 15, 2008 52 City of Albertville Identity Theft Prevention Program Page 3 of 4 IV. Detecting Red Flag A. New Accounts In order to detect any of the Red Flags identified above associated with the opening of a new account, City personnel will take the following steps to obtain and verify the identity of the person opening the account: 1. Require certain identifying information such as name and residential or business address. B. Existing Accounts In order to detect any of the Red Flags identified above for an existing account, City personnel will take the following steps to monitor transactions with an account: 1. Verify the validity of requests to change billing address; and 2. Verify changes in banking information given for billing and payment purposes — must fill out bank information and sign auto pay form. V. Preventing and Mitigating Identity Theft In the event City personnel detect any identified Red Flags, such personnel shall take one or more of the following steps, depending on the degree of risk posed by the Red Flag: Prevent and Mitigate 1. Stop the service (water turned off) 2. Notify Law Enforcement 3. Notify the Customer 4. Continue to monitor an account for evidence of Identity Theft 5. Contact the customer 6. Close the existing account Protect Customer Identify Information In order to further prevent the likelihood of identity theft occurring with respect to City accounts, the City will take the following steps with respect to its internal operating procedures to protect customer identifying information: M:\Public Data\Policies\Red Flag Rule.doc Agenda Item No. 8.F.4. Meeting Date December 15, 2008 53 City of Albertville Identity Theft Prevention Program Page 4 of 4 1. Ensure complete and secure destruction of paper documents and computer files containing customer information 2. Ensure that office computers are password protected 3. Keep offices clear of papers containing customer information 4. Ensure computer virus protection is up to date 5. Require and keep only the kinds of customer information that are necessary for City purposes. VII. Program Administration A. Oversight Responsibility for developing, implementing and updating this Program lies with the City Clerk and/or Deputy Clerk. City Clerk will be responsible for the Program administration, for ensuring appropriate training of staff on the program, determining which steps of prevention and mitigation should be taken in particular circumstances and considering periodic changes to the Program. B. Staff Training and Reports Utility staff responsible for implementing the Program shall be trained either by or under the direction of the Finance Director in the detection of Red Flags, and the responsive steps to be taken when a Red Flag is detected, staff will provide reports to the City Council on incidents of Identity Theft. D. Specific Program Elements and Confidentiality For the effectiveness of Identity Theft prevention Programs, the Red Flag Rule envisions a degree of confidentiality regarding the Utility's specific practices relating to Identity Theft detection, prevention and mitigation. Therefore, under this Program, knowledge of such specific practices are to be limited to the Albertville City Council and those employees who need to know them for purposes of preventing Identity Theft. Because this Program is to be adopted by a public body and thus publicly available, it would be counterproductive to list these specific practices here. Therefore, only the Program's general red flag detection, implementation and prevention practices are listed in this document. M:\Public Data\Policies\Red Flag Rule. doc Adopted December 15, 2008 Agenda Item No. 8. F.4. Meeting Date December 15, 2008 54 Nlbertvilk Mayor and Council Communication Small Ta Wkw ft ow ufs December 8, 2008 SUBJECT: 0 FINANCE DEPARTMENT — TRAVEL POLICY RECOMMENDATION: It is respectfully requested that the Mayor. and Council consider the following motion: Motion to approve and implement the travel policy. BACKGROUND: Upon completion of our 2007 annual audit there was a legal compliance finding. The City of Albertville currently does not have a policy regarding travel. In accordance with Minnesota Statute 471.661 all cities must have an approval policy that controls travel. It was a recommendation of KDV to develop a written policy which is approved by City Council. KEY ISSUES: Identify reimbursable expenses Approval procedures for travel POLICY/PRACTICES CONSIDERATIONS: It is the City's policy to review and approve policies and programs to be in accordance with regulation of local government. FINANCIAL CONSIDERATIONS: There is no financial impact, at this time, to implementing this program. LEGAL CONSIDERATIONS: The Mayor and Council have the authority to approve policies and programs to be in legal compliance of the federal and state laws. Respectfully submitted, Larry R. Kise City Administrator Department/Responsible Person: Finance/Tina Lannes, Finance Director Attachments: Travel Policy M:\Public Data\Requests for Council Actions (RCA)\2008\12 15 2008 Travel Policy RCA.doc Agenda Item No. 8. F.5. Meeting Date December 15, 2008 City of Albertville Travel Policy I. Scope This travel policy shall be for employees and elected officials who travel on City Business for distances over 50 miles or more from Albertville. II. Authorization All City employees must obtain approval from their Supervisor and the City Administrator when applicable, prior to travel. III. Exceptions Any exceptions to this travel policy must be explained and approved or denied by the Supervisor, and the City Administrator when applicable. IV. Travel Time Supervisors will be responsible for determining the number of days allowed for travel. If a reduced airfare requires an employee to spend an additional non -work day in the destination city, then the employee may be reimbursed for the extra day's lodging and meals expense, if approved prior to travel. Any excess travel time falling within the normally scheduled work will be at the employee's expense. V. Travel Advances Travel advances are available for approved employee travel The travel advance must be approved by the City Administrator and the amounts pre- paid by the City of Albertville are excluded from the amount of travel advance. Advances are issued within ten working days prior to travel. Any prior advances must be reconciled before an additional advance is approved. The Finance Director is authorized to deduct the amount advanced by a pay adjustment on the employee's payroll check if a completed travel expense record is not submitted within 15 days of return from a trip. VI. Credit Card M:\Public Data\Policies\out-of-state travel.doc Agenda Item No. 8.F.5. Meeting Date December 15, 2008 57 City of Albertville Travel Policy Page 2 of 4 Certain employs are eligible to be issued an individual Credit Card, approved by the City Administrator to be used by eh employee for hotel guarantees or in lieu of a cash advance. VII. Transportation Transportation expenses incurred for travel by any means will be reimbursed according to the method of travel to the amount reimbursable for: By Air — Travel by air will be reimbursed for the lowest cost airfare available for one person traveling from the boarding port to the port of destination and return. The department authorizing travel by air must pay the cost of cancellation of non-refundable ticketing, lost tickets or reissue / change of ticket. You own Vehicle — Travel by your personal vehicle will be reimbursed for mileage as taken from an official highway map at the same cents per miles posted by the Internal Revenue Code. This amount covers all expenses traveling to and from the destination. If more than one employee rides in the vehicle, only the owner of the vehicle will be reimbursed for the vehicle travel. The employee will be responsible for all fines and damage or liability due to an accident. Bus or Train — Travel by commercial bus or train will be reimbursed for bus or train fare to and from the destination. Taxi- Taxi fare will be reimbursed for transportation between the destination airport to the place of lodging (or vice versa), from the destination accommodations to the meeting sites (or vice versa). Receipts are required for fares in excess of $15. Automobile Rental — No reimbursement will be made for expenses of automobile rental unless there is prior approval by the City Administrator. The employee will be responsible for all fines, damage or liability due to an accident. VIII. Parking Parking expense incurred at the final destination place of lodging is reimbursable when traveling by automobile. Airport parking expense can be reimbursed with prior approval from the City Administrator with a receipt IX. Lodging M:\Public Data\Policies\out-of-state travel.doc Agenda Item No. 8..i' .. Meeting Date December 15, 2008 City of Albertville Travel Policy Page 3 of 4 Lodging expense will be reimbursed for either the actual amount paid for a single room rate. A two -person room rate (if different from a single room rate) will be reduced to a single person room rate if one of the persons staying in the room is a non -city employee. If an employee is attending a conference, reimbursement will be made for the single (one person) room rate, at the conference facility. A conference facility is either directly at the site of the conference or listed in the brochure as a conference hotel. Lodging expense incurred en route to a final destination will not be reimbursed. Any exceptions are to be approved by the City Administrator. X. Meals Reimbursement for meals will be made for either the actual amount paid or the City of Albertville meal reimbursement rate, whichever is less. Meal expenses are pro -rated for part days. Tips and sales tax are included in the meal price. Receipts are required and no single meal is greater than $25. Meal expenses incurred en route to a destination will not be reimbursed. XI. Miscellaneous Tips will be reimbursed for baggage handling and miscellaneous tipping. Meal tips are included in the meal price allowed. Registration and supplies (i.e. for conferences) will be reimbursed, if necessary to the trip however, the employee must provide receipts for such expenditures, if separate from conference fees. Fees for Travelers checks are reimbursable. Telephone calls of a business nature will be reimbursed when identified on the expense record. Telephone calls of a personal nature will be reimbursed up to a maximum of one five minute call per day, at the approval of the City Administrator. No reimbursement will be made for the purchase of alcoholic beverages. Expenditures for items not listed in the travel policy are not reimbursable unless an exception is made by the City Administrator. M:\Public Data\Policies\out-of-state travel.doc Agenda Item No. 8. F.5. Meeting Date December 15, 2008 59 City of Albertville Travel Policy Page 4 of 4 Reimbursement for toll fees will be made when traveling by your personal vehicle M:\Public Data\Policies\out-of-state travel.doc Agenda Item No. ...I` .5. Meeting Date December 15, 2008 lb£Y"tVlll£ Town uvino. ft ®W ur.. Mayor and Council Communication December 8, 2008 SUBJECT: 0 FINANCE DEPARTMENT — ANNUAL AUDIT SERVICES AGREEMENT RECOMMENDATION: It is respectfully requested that the Mayor and City Council consider the following motion: Motion: to approve the Kern, DeWenter, & Viere, Ltd. (KDV) to complete the 2008 annual audit services agreement in the amount of $25,900. BACKGROUND: KDV has provided the annual audit services for the City of Albertville dating back to pre-2001. KDV provides experienced auditors in the local government realm. The Annual Audit for 2007 was completed by KDV for $24,775. The 2007 had a federal single audit component at a cost of $3,000 due to federal monies for I-94; therefore the total for the 2007 audit was $27,775. Since the City of Albertville did not spend any federal funds for I-94 this year we do not need a federal single audit for 2008. The proposal for auditing the City of Albertville 2008 financial statements by KDV is $25,900. KEY ISSUES: • Last year, staff received quotes for services from two firms and KDV's rate was competitive. • With a number of changes encountered in recent years, staff s recommendation is to continue the relationship with KDV at this time. POLICY/PRACTICES 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. FINANCIAL CONSIDERATIONS: The city budgeted $31,000 for audit/accounting fees and spent $25,386.11 for 2008; there is a 3% increase for the 2009 budget for audit/accounting fees. 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. se City Administrator Department/Responsible Person: Finance/Tina Lannes, Finance Director Attachments: none M:\Public Data\Requests for Council Actions (RCA)\2008\12 15 08 kdv contract RCA.doc Agenda Item No. 8. F.6. Meeting Date December 15, 2008 lbertvillc Mayor and Council Communication December 8, 2008 SUBJECT: FINANCE DEPARTMENT — PERSONNEL POLICY RECOMMENDATION: It is respectfully requested that the Mayor and Council consider the following motion: Motion to approve the updates to the Personal Policy. BACKGROUND: The City of Albertville approved and updated the personnel policy on December 18, 2006. The attached document outlines a number of changes that updates the current policy to reflect changes approved by the City Council such as the 10 hour work day, increase in Health Care Saving Plan and adds a computer use policy. One fairly significant change is eliminating the pro-rata accrual of vacation and sick leave for permanent part time workers. Currently, this does not affect any employees. Other changes are considered fairly minor in nature. KEY ISSUES: • Update the reference sections • Update to reflect the 1% match for Post Retirement Health Care Savings Plan • Update hours of work, and holidays • Adds a Computer/Technology section • Eliminates pro-rata accrual of vacation and sick leave for permanent part time employees. POLICY/PRACTICES CONSIDERATIONS: It is the City's policy to review and approve policies as they deem necessary. FINANCIAL CONSIDERATIONS: There is no financial impact, at this time, to implementing this program. LEGAL CONSIDERATIONS: The Mayor and Council have the authority to. approve policies and programs to be in legal compliance of the federal and state laws. Respectfully submitted, Larry R%ruse City Administrator Department/Responsible Person: Finance/Tina Lannes, Finance Director Attachments: Summary of Changes to Personnel Policy M:\Public Data\Requests for Council Actions (RCA)\2008\12 15 2008 personnel policy update.doc Agenda Item No. 8.F.7. Meeting Date December 15, 2008 Updates to the 2007 City of Albertville Personnel Policy (All changes or additions are in bold) 1. Update Section 3.2 - Probationary Period - Subsection F to state "vacation sick leave shall be earned as established in Section 8.1 and 8.2 respectively. Sick leave shall not be available to the employee until completion of the probationary period, unless an exception is approved by the City Administrator." 2. Update Section 7.0 — Regular Hours of Work- Subsection 2 to state "the normal workday shall consist of eight or ten consecutive hours of work...." 3. Update Section 7.3 — Overtime — subsection D to state "Accrued time, including vacation leave and sick leave, in excess of forty (40) hours per seven (7) day period as defined in subsection (a) of Section 7......" 4. Update Section 7.4 — Compensatory Time — subsection 8 to state "Every effort shall be made to utilize compensatory time off within the same pay period of is being earned" 5. Update Section 8.0 — Holidays- subsection A to state "The Legal Holidays to be observed for all City Employees passed by Resolution annually" 6. Update Section 8.1 — Vacation Leave — subsection 1 to state "An employee's anniversary date will be used to determine an employee's length of service for vacation. All anniversary dates will be January lst. 7. Update Section 8.1 — Vacation Leave — subsection 2 to state "An employee must have completed the probationary period before using accrued vacation leave, unless an exception is approved by the City Administrator. 8. Update Section 8.1 — Vacation Leave — subsection 3 remove the language stating "part time permanent employees will accrue vacation from schedule on a prorated basis, ...." 9. Update Section 8.2 — Sick Leave and Incentive — subsection 2 remove the language stating "part time permanent employees will accrue sick leave on a prorated basis, ...." 10. Update Section 13.0 — Health Care Saving Plan = to state "all employees will contribute 1 % of pay. The City of Albertville will contribute 1 % of the employee's pay to the employees HCSP account. 11. Update Section 16.0 — Computer Use Policy — Add the following sections per recommendations of KDV. M:\Public Data\City Council\Council Packet information\2008\12-15-08\update Personnel Policy.doc Agenda Item No. 8. F.6. Meeting Date December 15, 2008 65 Updates to the 2007 City of Albertville Personnel Policy (All changes or additions are in bold) Page 2 of 4 Purpose - This policy serves to protect the security and integrity of the City of Albertville's electronic communication and information systems by educating employees about appropriate and safe use of available technology resources. The City of Albertville reserves the right to inspect any data, e-mails, files, settings or any other aspect of a city owned computer or related system and will do so on an as - needed basis as determined by the City Finance Director or City Administrator. Personal Use - The City of Albertville recognizes that some personal use of city -owned computers and related equipments has and will continue to occur. Some controls are necessary, however, to protect the city's equipment and computer network and to prevent abuse of this privilege. 1. Only city employees may use city -owned equipment. Family members or friends of employees are not allowed to use city equipment or technology resources, unless authorized by the City Finance Director or City Administrator. 2. Reasonable use of city e-mail systems for personal correspondence is allowable, provided it does not interfere with an employee's normal work and is consistent with all provisions in this policy. Passwords and physical security of equipment - Employees are responsible for maintaining computer passwords and for following these guidelines: Passwords must be at least six (6) characters in length and include at least one number. 2. Your passwords should NOT be shared or told to other staff. If it is necessary to access an employee's computer when he or she is absent, contact the Finance Director. 3. Passwords should not be stored in any location on or near the computer. 4. The computer system will prompt employees to update passwords every 120 days. Employees must change passwords when prompted. When leaving your desk or office for more than five minutes, lock your workstation by pressing the Ctrl-Alt-Del keys. Your computer can be unlocked by doing the same and then typing your password. Because technology equipment is generally small and portage, employees should use caution when leaving equipment unattended at any off -site facility. If your office or desk area is in a high -traffic public area, take appropriate security measures. M:\Public Data\City Council\Council Packet information\2008\12-15-08\update Personnel Policy.doc Agenda Item No. 8..[' .. Meeting Date December 15, 2008 Updates to the 2007 City of Albertville Personnel Policy (All changes or additions are in bold) Page 3 of 4 Software, hardware, games and screen savers - In general, all software and hardware required for an employee to perform his/her job functions will be provided by the city. Requests for new or different equipment or software should be made to your supervisor and then to the Finance Department. The following is approved software that may be downloaded by employees without prior approval: 1. Microsoft updates as provided in automatic updates to the user 2. Anti -virus updates as provided in automatic updates to the user 3. Microsoft clipart and photo files contained on the site www.microsoft.com Unapproved software or downloads (free or purchased), hardware, games, screen savers, toolbars, clipart, music and movie clips, other equipment, software or downloads that have not been specifically approved may compromise the integrity of the city's computer systems and are prohibited. The City of Albertville, without notice may remove any unauthorized programs or software, equipment, downloads, or other resources if they could harm city systems or technology performance. Electronic Mail - The City of Albertville provides employees with an e-mail address for work -related use. Some personal use of the city e-mail system is allowed, provided it does not interfere with and employee's normal work and is consistent with all city policies. An employee's personal e-mail (and other personal documents) may be considered "public" data and may not be protected by privacy laws. Personal e-mails may also be monitored as directed by the City Administrator and without notice to the employee. 1. Use common sense and focus primarily on using e-mail for city business. Never transmit an e-mail that you would not want your boss or other employees to read. 2. Do not correspond by e-mail on confidential communications 3. Do not open e-mail attachments for links from an unknown sender. Delete "junk" or "spam" e-mail without opening it if possible, do not respond to unknown senders. 4. Do not gossip or include personal information about yourself or others in e- mail M:\Public Data\City Council\Council Packet information\2008\12-15-08\update Personnel Policy.doc Agenda Item No. 0.F.6. Meeting Date December 15, 2008 67 Updates to the 2007 City of Albertville Personnel Policy (All changes or additions are in bold) Page 4 of 4 5. Do not use harassing language, including sexually harassing language or any other remarks including insensitive language or derogatory, offensive or insulting comments or jokes in an e-mail 6. Do not curse or use swear words in an e-mail. Internet - The City of Albertville provides access to employees for work on city business. Employees may use this access for work related matters in a professional manner. Occasional personal use of the Internet is acceptable within the bounds of all city policies. The following considerations apply to all uses of the Internet whether business related or personal: 1. There is no quality control on the Internet. All information found on the Internet should be considered suspect until confirmed by another source. 2. Employees may not at any time access inappropriate sites. Some examples of inappropriate sites include but are not limited to adult entertainment, sexually explicit material, or material advocating intolerance of other people, races or religions. 3. Employees may not participate in any Internet chartroom unless the topic is related to city business 4. The city may monitor any employee's use of the internet without prior notice, as deemed appropriate by the City Administrator. MAPublic Data\City Council\Council Packet information\2008\12-15-08\update Personnel Policy.doc Agenda Item No. 8. F.6. Meeting Date December 15, 2008 ■: A,lb£Y'tvi lle Mayor and Council Communication s n� roume UAM. stg 13W Ur.. December 8, 2008 SUBJECT: 0 CITY CLERK - 2008 CITY OBSERVED HOLIDAYS RECOMMENDATION: It is respectfully requested that the Mayor and City Council consider passing the following motion: Motion to approve Resolution No. 2008-061 entitled a Resolution Establishing the 2009 City Observed Holidays. BACKGROUND: Historically, the Albertville City Council has set the next year's City Observed Holidays in December of the current year. Staff identifies the dates and puts them into a Resolution format that is placed on the Council agenda for review and approval. The schedule presented reflects the same number of hours as 2 00 8, and accommodates the 8 and 10 hour work days. KEY ISSUES: •, Eight and Ten Hour Days: Two schedules are needed to manage Holiday's off for the two different groups. POLICY/PRACTICES CONSIDERATIONS: There are no policy issues involving the adoption of the two schedules. FINANCIAL CONSIDERATIONS: There are no financial considerations as it relates to approval of the Resolution setting the 2009 City Observed Holidays. Employees working 10 hour days are required to take two hours of vacation or compensatory time to fill out the day. LEGAL ISSUES: The City Council has the authority to set the annual holiday schedule. Respectfully submitted, r ( I'72se 1. Larry R. City Administrator Department/Responsible Person: Administration/Bridget Miller, City Clerk Attachments: Resolution No. 2008-061 M:\Public Data\Requests for Council Actions (RCA)\2008\12 15 2008 8-E-1 City Clerk Holidays R 2008-061 RCA.doc Agenda Item No. 8.G. I.. Meeting Date December 15, 2008 CITY OF ALBERTVILLE COUNTY OF WRIGHT STATE OF MINNESOTA RESOLUTION NO.2008-061 A RESOLUTION ESTABLISHING THE 2009 CITY OBSERVED HOLIDAYS WHEREAS, the City Council is desirous of establishing the 2009 City Holidays to be observed for the City of Albertville effective December 31, 2008; and NOW, THEREFORE, BE IT RESOLVED that the City Council of Albertville, Wright County, Minnesota, hereby establishes the following 2009 City Holidays: Four (4) 10-hour Schedule Thurs., Jan. 1 New Year's Day Mon., Jan. 19 Martin Luther King Jr. Day Mon., Feb. 16 Presidents' Day Mon., May 25 Memorial Day Thurs., July 2 Independence Day Mon., Sept. 7 Labor Day Mon., Oct. 12 Columbus Day Wed., Nov. 11 Veterans' Day Thurs., Nov. 26 Harvest -Thanksgiving Day Wed., Dec. 23 * Winter -Christmas Holiday Thurs., Dec. 24 Winter -Christmas Day Thurs., Dec. 31 * New Year's Holiday Five (5) 8-hour Schedule Thurs., Jan. 1 New Year's Day Mon., Jan. 19 Martin Luther King Jr. Day Mon., Feb. 16 Presidents' Day Mon., May 25 Memorial Day Thurs., July 2 Independence Day Mon., Sept. 7 Labor Day Mon., Oct. 12 Columbus Day Wed., Nov. 11 Veterans' Day Thurs., Nov. 26 Harvest -Thanksgiving Day Fri., Nov. 27 Harvest -Friday after Thanksgiving Day Fri., Dec. 25 Winter -Christmas Day * City Hall will close at 1:30 p.m., in which employees will use the Harvest -Friday after Thanksgiving Holiday hours. Adopted by the City Council of the City of Albertville this 151h day of December 2008. Ron Klecker, Mayor Bridget Miller, City Clerk MAPublic Data\Resolutions\2008 Resolutions\draft\12 15 2008 8-F-1 R 2008-Oxx (2009 Official Holidays).doc 70 Nbertville Mayor and Council Communication s mell T� u.k"�. 81q tins ur. December 10, 2008 SUBJECT: 0 PLANNING - ORDINANCE AMENDING VARIOUS FEES RECOMMENDATION: It is respectfully requested that the Mayor and City Council consider passing the following motion: Motion to approve Ordinance No. 2008-01.0 an Ordinance Amending Section 100.10 (Fees, Charges, and Expenses) of the Zoning Ordinance (Appendix A) of the 2005 Albertville Municipal City Code to Establish Fees, Charges, and Expenses by way of a Zoning Ordinance. BACKGROUND: In 2008, City Staff expressed that many of the development and zoning applications had inadequate cash escrows to cover consulting fees. Usually the escrow amount was just enough to cover the planning consultant, but not the attorney or engineer. Applicants were then faced with additional billings beyond the escrow, which were not planned for in their project budgets. Having a more accurate escrow enables applicants to better plan for the actual cost the City will charge. Multiple Applications: Applicants often times have multiple applications such as variance, conditional use permit or zoning change. Each of these requires different processes and staff time. Staff clarified that it is important to charge for each application. Adjustable Escrows: An applicant is required to pay a non-refundable base fee and escrow deposit to be charged against the time and expenses necessary to process the request. As of now, Albertville's escrow deposits are set at a flat rate. For example, any conditional use permit application requires a base fee of $300, along with an escrow deposit of $1,500. It is evident, however, that some projects are larger and much more complex than others. Therefore, some municipalities choose to establish their escrow deposits based on the size, or complexity, of the project. For example, the City of Monticello has established the following fees/escrows for commercial conditional use permits based on the size of the site: $200 Base Fee plus Escrow Deposit o£ $2,000 for a site of less than 4 acres $6,000 for a site of 4-10 acres $10,000 for a site of more than 10 acres Staff is recommending the following escrow deposits be established for conditional use permit applications in the City of Albertville: $300 Base Fee* plus Escrow Deposit of: M:\Public Data\Requests for Council Actions (RCA)\2008\12 15 2008 Planning Modifying fee schedule RCA.doc Agenda Item No. 8.1.1 . Meeting Date December 15, 2008 77 Mayor and Council Communication — December 10, 2008 Planning — Zoning Ordinance Amendment Page 2 of 3 $1,500 for a site < 4 acres $4,000 for a site 4-10 acres $10,000 for a site > 10 acres Staff is also recommending the following escrow deposits be established for site and building plan reviews: $300 Base Fee* plus Escrow Deposit of: $2,000 for a site < 4 acres $4,000 for a site 4-10 acres $10,000 for a site > 10 acres *The base fee has not changed. Administrative Permits. At the November 5, 2008 City Council meeting, a motion was passed to direct staff to review and prepare an Ordinance that would amend the 2005 Albertville Municipal City Code to include language regarding an Administrative Permit for accessory buildings that would have the same restrictions as a Conditional Use Permit. (Accessory buildings will be discussed in more detail later in the agenda). Currently, the Zoning Ordinance states that certain site plans may be classified as minor projects and may be administratively approved by the zoning administrator in lieu of the Planning Commission review and City Council approval, if they meet the specified criteria in the Ordinance (1500.4). In addition, proposed minor structural additions or proposed minor site expansions or modifications involving ten percent or less of the total existing floor or site area, which meet specified criteria, may also be approved by the zoning administrator in lieu of the Planning Commission review and City Council approval (I500.6.A). The proposal is to establish an Administrative Permit process for accessory buildings that would require the same conditions and restrictions as a conditional use permit, but would be reviewed by staff in lieu of the Planning Commission and City Council, and a fee of $500 would be required. KEY ISSUES: • Multiple applications require more work than a single application and the fees need to be set such that they reflect the cost to process the application. • Adjustable escrows scale the size of the escrow to the size of the project. Larger developments normally require larger escrows. • Administrative permits provide a mechanism for approval at a lower cost and should be more expedient while achieving the City's expectations and requirements. • Administrative permits, while being expedient, do lack the opportunity for the Planning Commission and City Council to get involved. POLICY/PRACTICES CONSIDERATIONS: In accordance with State Law, public notice was published and a public hearing held by the Planning Commission and they are recommending the City Council amend this section of the code. M:\Public Data\Requests for Council Actions (RCA)\2008\12 15 2008 Planning Modifying fee schedule RCA.doc Agenda Item No. 8.I.1.. Meeting Date December 15, 2008 Mayor and Council Communication — December 10, 2008 Planning — Zoning Ordinance Amendment Page 3 of 3 FINANCIAL CONSIDERATIONS: There are not significant financial issues related to this amendment. In the past the escrows were underfunded, but ultimately the applicants paid the application fees and consultants time. Having a scalable escrow based on the size of the development will hopefully do a better job of matching the escrow and resultant cost. The Administrative Permit will streamline both the process and the cost for the City and applicant. LEGAL ISSUES: In accordance with Council procedures, the Mayor and Council have the authority to amend Ordinances which requires a majority vote of the City Council and becomes effective upon publication. Respectfully submitted, Larry R. se City Administrator Department/Responsible Person: Planning/Al Brixius, City Planner Attachments: Ordinance No. 2008-010 M:\Public Data\Requests for Council Actions (RCA)\2008\12 15 2008 Planning Modifying fee schedule RCA.doc Qp T Agenda Item No. Meeting Date December 15, 2008 CITY OF ALBERTVILLE COUNTY OF WRIGHT STATE OF MINNESOTA ORDINANCE NO. 2008 -010 AN ORDINANCE AMENDING SECTION 100.10 (FEES, CHARGES, AND EXPENSES) OF THE ZONING ORDINANCE (APPENDIX A) OF THE 2005 ALBERTVILLE MUNICIPAL CITY CODETO ESTABLISH FEES, CHARGES, AND EXPENSES BY WAY OF A ZONING ORDINANCE THE CITY COUNCIL OF THE CITY OF ALBERTVILLE, MINNESOTA ORDAINS: SECTION 1. Section 100.10 (Fees, Charges, and Expenses) of the Albertville Zoning Ordinance (Appendix A of the 2005 Albertville Municipal City Code) is hereby amended to read as follows: 100.10 Fees, Charges and Expenses. A. Fees and charges, as well as expenses incurred by the City for engineering, planning, attorney and other services related to the processing of applications-, shall be established by this Zoning Ordinance and collected by the Zoning Administrator for deposit in the City's accounts. Fees shall be established as follows. The Council may establish charges for public hearings, special meetings, or other such Council or Planning Commission actions as are necessary to process applications. Multiple applications shall require the collection of multiple fees and escrows. In the event that City costs in processing a development application exceed the escrow, the applicant shall be responsible for the said costs ZONING ORDINANCE Section Subject Proposed Fee / Escrow 300.1.A Rezoning $400 /$1000 400.2.14.A Conditional Use Permit $300 / $1,500 site < 4 acres $4,000 site 4-10 acres $10,000 site > 10 acres 500.2.A.3.a Minor Variance $100 / $100 500.2.B.2.a Major Variance / Appeals $300 / $650 500.2.B.2.a Vacations $300 / $1,000 700.2 Certificate of Occupancy $50 1000.5.13 Swimming Pool Permit Building Code Schedule 1000.2-3 A22 Temporary Outdoor Seasonal Sales $50 1500.5.13.1 Site and Building Plan Review $300 / $2,000 site < 4 acres MAPublic Data\Ordinances\2008 Ordinances\Drafts\O 2008- 010 Zoning Fee Update.doc Agenda Item No. 8..1..1. Meeting Date December 15, 2008 City of Albertville County of Wright Ordinance No. 2008- Page 2 ZONING ORDINANCE Section Subject Proposed Fee / Escrow $4,000 site 4-10 acres $10,000 site > 10 acres 1500.4 & Administrative Permit - $250 / 250 1500.6.A. Site and Building Plan Review 1600.3.A Home Occupation $30 1600.3.13 Special Home Occupation Permit $300 / $1,000 Residential Single Lot $25 1800.2.A Land Filling Permit Commercial/Industrial/Institutio nal Single Lot $200 / $1000 per acre Residential Single Lot $25 1900.3.13 Land Excavation, Grading Permit Commercial/Industrial/Institutio nal Single Lot $200 / $1000 per acre 2100.3 Essential Service Permit $300 / $1,000 + $50 per lot 2700.4.C.2.b PUD Concept Plan $300 / $1,500 + $50 per lot 2700.4.A.1 PUD Rezoning $400 + $50 per lot / $5,000 Administrative Subdivision $400 / $1,500 Sketch Plan $200 / $2,500 + $50 per lot Residential $450 / $5,000 or $250 / lot Preliminary Plat whichever is greater Commercial/Industrial $450 / $5,000+$500 / lot Final Plat $400 / $2,500 THIS AMENDMENT SHALL BE EFFECTIVE JANUARY 1, 2009. Approved by the Albertville City Council this 15th day of December, 2008. Ron Klecker, Mayor Bridget Miller, City Clerk M:\Public Data\Ordinances\2008 Ordinances\Drafts\O 2008- 010 Zoning Fee Update.doc Agenda Item No. 8.1.1. Meeting Date December 15, 2008 M. NIbe tvill£ u�r..o. ew oar ua. Mayor and Council Communication December 5, 2008 SUBJECT: ENGINEERING - AMENDMENT TO KARSTON COVE 3RD ADDITION CONDITIONAL USE/PLANNED UNIT DEVELOPMENT AGREEMENT RECOMMENDATION: It is respectfully requested that the Mayor and Council consider approval the following motions: Motion to amend to the Plan Unit Development/Conditional Use Agreement for Karston Cove 3 d ition extending the completion of the municipal and on -and off -site improvements until October 31, 2010, conditioned upon: 1) the Developer renewing the Letter of Credit to the satisfaction of the City Attorney, 2) the Developer agrees to complete the paving and any necessary repair to the private streets north of 641h Street by July 31, 2009 to the satisfaction of the City Engineer, and 3) Developer signs the amendment. BACKGROUND: David Pattberg, of Woodside Communities of MN, Inc. and Developer of Karston Cove 3rd Addition has requested an extension to the completion dates specified in the development contract for Karston Cove 3rd Addition. The Development Agreement requires all municipal and on -and off -site improvements be complete by October 31", 2008, unless otherwise approved by the City. To date, the majority of the municipal and on -and off -site improvements within the 64th Street right-of-way and on the north half of the plat have been completed. Work remaining on 64th Street primarily consists of sidewalk construction and boulevard restoration and the work remaining on the north half of the plat primarily consists of installing the final lift of pavement on the private streets. No improvements have occurred on the south side 641h Street. To ensure completion of the improvements and requirements of the development contract, the City holds a letter of credit in the amount of $460,000. This surety will be retained until all obligations of the contract are met. Given the state of the area economy and how it has adversely impacted the residential housing market, development of the south half of Karston Cove 3rd is not anticipated in the near term. Upon review of the outstanding contract requirements and acknowledging today's housing market, it is recommend that the Karston Cove 3rd Addition Development Agreement be amended to extend the completion of the municipal and on -and off -site improvements until October 31, 2010, with the following conditions: The Developer renews the Letter of Credit to the satisfaction of the City Attorney. The Developer completes the paving and any necessary repair to the private streets north of 64t Street by July 31, 2009 and to the satisfaction of the City Engineer. Developer signs the amendment. M:\Public Data\Requests for Council Actions (RCA)\2008\12 15 2008 8-eng-2 RCA (Karston Cove 3rd DA Amendment).doc Agenda Item No. 8.11 . Meeting Date December 15, 2008 Mayor and Council Communication — December 5, 2008 Engineering — Karston Cove 3rd Addition Page 2 of 2 KEY ISSUES: • Not amending the Development Agreement would mean the City would need to pull the Letter of Credit and complete the municipal improvements at some time in the future. • No amending the D.A. would start the Statute of Limitation timeline. • Letter of Credit to remain intact until all requirements are fulfilled. POLICY/PRACTICES CONSIDERATIONS: It is City policy to have all amendments to agreements approved by the City Council FINANCIAL CONSIDERATIONS: There are no financial implications for this request LEGAL CONSIDERATIONS: The Mayor and Council posses the authority to approve or deny amendments to agreements. Respectfully submitted, Larry R:-, e City Administrator Department/Responsible Person: Engineering/Adam Nafstad, Assistant City Engineer Attachments: Engineer's Recommendation Letter M:\Public Data\Requests for Council Actions (RCA)\2008\12 15 2008 8-eng-2 RCA (Karston Cove 3rd DA Amendment).doc Agenda Item No. 8.11. Meeting Date December 15, 2008 • L -rc>N 8R. IR/! r-== N 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: Karston Cove 3rd Addition Development Agreement Amendment — Extended Completion Date Honorable Mayor and City Council: i David Pattberg, of Woodside Communities of MN, Inc. and Developer of Karston Cove 3rd Addition has requested an extension to the completion dates specified in the development contract for Karston Cove 3rd Addition. The Development Agreement requires all municipal and on -and off -site improvements be complete by October 31 st, 2005, unless otherwise approved by the City. To date, the majority of the municipal and on - and off -site improvements within the 64th Street right-of-way and on the north half of the plat have been completed. Work remaining on 64th Street primarily consists of sidewalk construction and boulevard restoration and the work remaining on the north half of the plat primarily consists of installing the final lift of pavement on the private streets. No improvements have occurred on the south side 64th Street. To ensure completion of the improvements and requirements of the development contract, the City holds a letter of credit in the amount of $460,000. This surety will be retained until all obligations of the contract are met. Given the state of the area economy and how it has adversely impacted the residential housing market, development of the south half of Karston Cove 3rd is not anticipated in the near term. Upon review of the outstanding contract requirements and acknowledging today's housing market, it is recommend that the Karston Cove 3rd Addition Development Agreement be amended to extend the completion of the municipal and on -and off -site improvements until October 31, 2010, with the following conditions: The Developer renews the Letter of Credit to the satisfaction of the City Attorney. The Developer completes the paving and any necessary repair to the private streets north of 64th Street by July 31, 2009 and to the satisfaction of the City Engineer. Developer signs the amendment. M:\Public Data\City Council\Council Packet information\2008\12-15-08\12 15 2008 8-eng-2 Karston Cove DA Amendment.doc Agenda Item No. O.J .1. Meeting Date December 15, 2008 Karston Cove 3rd 12/5/2008 f Page 2 of 2 f Please let me know if you have any questions or would like additional information regarding this matter. I will be at your December 15th City Council meeting to address any questions you may have regarding this issue. Sincerely, BOLTON & MENK, INC. O'dam, `YU66W Adam Nafstad, P. E. Albertville Engineer cc: Larry Kruse — City Administrator Bridget Miller - City Clerk Mike Couri — City Attorney MAPublic Data\City Council\Council Packet inform ation\2008\12-15-08\12 15 2008 8-eng-2 Karston Cove DA Amendment.doc Agenda Item No. fJ . .1. e Meeting Date December 15, 2008 ■ b£r`tY1li >�£ Mayor and Council Communication s,._VY u*o_ ft caw W_ December 8, 2008 SUBJECT: 0 LEGAL — ORDINANCE AMENDING VARIOUS FEES RECOMMENDATION: It is respectfully requested that the Mayor and City Council consider passing the following motion: Motion to approve Ordinance No. 2008-01.1 entitled a an Ordinance Modifying the 2005 Albertville Municipal City Code Title 10; Chapter 2; Section 3; Subsection B.15 setting the re- roofing building permit fee at $125.00 BACKGROUND: The Albertville City Council sets the fees for various services and or violation fines at the last meeting of the year. These fees will take effect January 1 of the following year. In 2007, the re -roofing fees were based on the value of the job. In 2008, the Council set the re- roofing fee at a flat $100. After evaluating the amount of work and time that goes into processing a job, staff recommended a $25 increase in the fee. KEY ISSUES: • Staff identified that two inspections and processing the permit costs more than $100. 9 Insurance typically pays for the permit when roof damage is a result of hail or storm damage. POLICY/PRACTICES CONSIDERATIONS: Staff annually monitors fees to determine if the fee reflects the cost to perform the work or service. FINANCIAL CONSIDERATIONS: This change will bring in a modest amount of new revenue, which is minor in comparison to the operational cost of the department but more reflective of the inspection and processing costs. LEGAL ISSUES: In accordance with Council procedures, the Mayor and Council possess the authority to amend the ordinance. Respectfully submitted, ` Larry R. fse City Administrator Department/Responsible Person: Legal/Mike. Couri, City Attorney Attachments: Ordinance No. 2008-011 M:\Public Data\Requests for Council Actions (RCA)\2008\12 15 2008 Legal O 2008-Reroofing fee RCA.doc Agenda Item No. 8.K. I.. Meeting Date December 15, 2008 7 CITY OF ALBERTVILLE COUNTY OF WRIGHT STATE OF MINNESOTA ORDINANCE NO.2008-011 AN ORDINANCE MODIFYING THE 2005 ALBERTVILLE MUNICIPAL CITY CODE TITLE 10; CHAPTER 2; SECTION 3; SUBSECTION B.15 THE CITY COUNCIL OF THE CITY OF ALBERTVILLE ORDAINS AS FOLLOWS: Section 1. 10-2-3.13.15 Other Building Permit Related Inspections and Fees: Reroofing: The City hereby modifies Albertville City Code Section 10-2-3.13.15 to read as follows: B. Other Building Permit Related Inspections And Fees: 15. Reroofing (existing residence) - $125.00 Section 12. Effective Date. This ordinance shall take effect January 1, 2009. PASSED by the City Council of the City of Albertville this 15th day of December, 2008. CITY OF ALBERTVILLE Ron Klecker, Mayor Bridget Miller, City Clerk Date of publication: December 29, 2008 M:\Public Data\Ordinances\2008 Ordinances\Drafts\O 2008- legal Reroofing fee change for 2009.doc Agenda Item No. 8. K. I . Meeting Date December 15, 2008 Albertville Small Town Uving. Big City Ufa. Mayor and Council Communication December 8, 2008 SUBJECT: 0 LEGAL - ORDINANCE AMENDMENT RELATING TO STORMWATER BILLING RECOMMENDATION: It is respectfully requested that the Mayor and City Council consider passing the following motion: Motion to approve Ordinance No. 2008-012 entitled an Ordinance Amending Title 9; Chapter 5; Section 5; Subsection C Regarding Storm Water Billing of the 2005 Albertville Municipal City Code changing the due date from the loth of the following month to the 15th of the following month to coincide with current practices. BACKGROUND: Currently user bills and bills for service are by ordinance due by the loth of the month. Current practice is for bills to be due by the 15th of the month. This change brings us in line with our current practice. KEY ISSUES: Staff sees no issues with this change. POLICY/PRACTICE CONSIDERATIONS: The current practice is process late charges and penalties after the 15th rather than the 10tb FINANCIAL CONSIDERATIONS: There are no financial considerations as it relates to approval of the Ordinance. LEGAL ISSUES: In accordance with Council procedures, the Mayor and Council possess the authority to amend the Ordinance, which will be effective upon publication. Respectfully submitted, Larry R. Kruse City Administrator Department/Responsible Person: Legal/Mike Couri, City Attorney Attachments: Ordinance No. 2008-012 M:\Public Data\Requests for Council Actions (RCA)\2008\12 15 2008 Legal O 2008-Stormwater Billing RCA.doc Agenda Item No. 8.K.2. Meeting Date December 15, 2008 CITY OF ALBERTVILLE COUNTY OF WRIGHT STATE OF MINNESOTA ORDINANCE NO. 2008-012 AN ORDINANCE AMENDING TITLE 9; CHAPTER 5; SECTION 5; SUBSECTION C REGARDING STORM WATER BILLING OF THE 2005 ALBERTVILLE MUNICIPAL CITY CODE The City Council of the City of Albertville, Minnesota hereby ordains: 1. Title 9; Chapter 5; Section 5; Subsection C of the 2005 Albertville Municipal City Code is hereby amended to read as follows: 9-5-5: USER FEES; BILLS FOR SERVICE: C. Payment of Bills; Delinquencies: Payments shall be made in accordance with the billing not later than the fifteenth (151h) day of the following month. A ten percent (10%) late charge will be charged if bills are not paid by the due date, subject to a minimum charge in an amount duly established by the council by resolution from time to time. If bills are not paid within thirty (30) days from the date of billing, they shall be deemed delinquent; in case of delinquency, mailed notice shall be sent; and after three (3) days following such mailing, civil action may be begun on behalf of the city for the collection of said SWUF. If such fee is not paid within sixty (60) days after due, the said unpaid fee, plus late charges, may be certified to the county auditor with the taxes against such property and shall be collected with other taxes on such property. The fee shall be deemed a charge against the owner, lessee and occupant of the property served. Such certification to the county auditor shall not preclude the city or its agents from recovery of such delinquent fee or charge, late charge and interest thereon, by other available remedies. Passed by the council this 15th day of December, 2008. Ron Klecker, Mayor M:\Public Data\Ordinances\2008 Ordinances\Drafts\12 15 2008 legal Ordinance Amendment Water billing.docM:\Public Data\Ordinances\2008 Ordinances\Drafts\12 15 2008 legal Ordinance Amendment Water billing.doc Agenda Item No. 8. K.2. Meeting Date December 15, 2008 �`°�. Nbertville Mayor and Council Communication smcm lr�fttkv W. December 8, 2008 SUBJECT: 0 LEGAL - ORDINANCE AMENDMENT RELATING TO PUBLIC NUISANCES RECOMMENDATION: It is respectfully requested that the Mayor and City Council consider passing the following motion: Motion to approve Ordinance No. 2008-01.3 entitled an Ordinance Requiring Doors and Windows be closed if an Establishment Selling Alcoholic Beverages is Playing Live Music. BACKGROUND: In 2008 the City experienced a number of complaints about doors and windows open in alcohol establishments emitting loud noise and music. The intent of this ordinance is to try and control the amount of noise coming out of establishments that might bother the neighbors. KEY ISSUES: • Patrons need to go in and out of the doors, so having this ordinance will not stop all of the noise problems. • Establishments open the window during hot weather and may require them to have improved air conditioning system. • Since 2007, when the indoor smoking ban went into effect, some establishments have propped the doors open so they can listen to the music and have a smoke outside. POLICY/PRACTICES CONSIDERATIONS: It is the practice for the Council to discuss problems like this and for staff to present Ordinance amendments to rectify their concerns. FINANCIAL CONSIDERATIONS: There are no financial considerations as it relates to approval of the Ordinance. LEGAL ISSUES: In accordance with Council procedures, the Mayor and Council have the authority to amend Ordinances which requires a majority vote of the City Council and becomes effective upon publication. Respectfully submitted, :N .\ Larry R. mse City Administrator Department/Responsible Person: Legal/Mike Couri, City Attorney Attachments: Ordinance No. 2008-013 M:\Public Data\Requests for Council Actions (RCA)\2008\12 15 2008 Legal O 2008-Noise from within Bldg RCA.doc Agenda Item No. 8..Y`A..3. Meeting Date December 15, 2008 CITY OF ALBERTVILLE COUNTY OF WRIGHT STATE OF MINNESOTA ORDINANCE NO.2008-013 AN ORDINANCE REQUIRING DOORS AND WINDOWS BE CLOSED IF AN ESTABLISHMENT SELLING ALCOHOLIC BEVERAGES IS PLAYING LIVE MUSIC The City Council of the City of Albertville, Minnesota hereby ordains: 1. Section 4-1-11 of the Albertville City Code is hereby amended to add subdivision F which reads as follows: 4-1-11: CONDITIONS OF LICENSE F. Live Music: Any on -sale establishment within which live music is being performed must, at all times that the live music is being performed, keep all windows and doors to the establishment closed, except that doors may be opened only as long as necessary for employees and members of the public to enter and exit the establishment. Passed by the council this 15t' day of December, 2008. Ron Klecker, Mayor ATTEST: Bridget Miller, City Clerk Date of publication: December 29, 2008 M:\Public Data\Ordinances\2008 Ordinances\Drafts\O 2008- legal Live Music Ordinance.doc 92 A.lb£�r't1/ij)£ Mayor and Council Communication December 11, 2008 SUBJECT: LEGAL — AMENDMENT TO ALBERTVILLE MARKETPLACE DEVELOPER'S AGREEMENT RECOMMENDATION: It is respectfully requested that the Mayor and Council consider the following motions: Motion: Approve Amendment to Planned Unit Development/Conditional Use Agreement (PUD/CUP) Albertville Marketplace Changing Landscape Requirements, Postponing Landscaping to Individual Building Permit Approval and Delaying Installing of Fence. BACKGROUND: At the December 1, 2008 City Council meeting, the Council approved a change in the developer's agreement to allow the letter of credit to be reduced as to the individual lot landscaping provided the developer's agreement is amended to require the individual lot owners to post an escrow securing the installation of required landscaping. The Council also agreed to allow the fence to be installed at such time as the Council requires. This amendment implements what the Council has already approved. KEY ISSUES: The developer's agreement is amended to: • Reduce the landscaping portion of the letter of credit to $58,000, covering the restaurant landscaping and the perimeter landscaping only. • Require the individual lot owners to post an escrow for the landscaping on their lot prior to receiving a building permit. • Allows the developer to delay installing the fence until the Council requires or until the developer desires to install it. POLICY/PRACTICES CONSIDERATIONS: This agreement implements the policy decisions already made by the City Council. M:\Public Data\Requests for Council Actions (RCA)\2008\12 15 2008 legal Marketplace Addendum RCA.doc Agenda Item No. 8..K.4. Meeting Date December 15, 2008 Mayor and Council Communication — December 11, 2008 Legal — Albertville Marketplace Dev Agree Amendment Page 2 of 2 FINANCIAL CONSIDERATIONS: The City will reduce the current letter of credit now but in the future will have new escrows posted as each lot develops. LEGAL CONSIDERATIONS: Adopting this amendment will, upon its signing by all parties, modify the developer's agreement and become a binding contract on the City and the Developer Respectfully submitted, Larrf,14ruse City Administrator Department/Responsible Person: Legal/Mike Couri, City Attorney Attachments: Amendment to Planned Unit Development/Conditional Use Agreement Albertville Marketplace M:\Public Data\Requests for Council Actions (RCA)\2008\12 15 2008 legal Marketplace Addendum RCA.doc Agenda Item No. 8..`t. Meeting Date December 15, 2008 CITY OF ALBERTVILLE AMENDMENT TO PLANNED UNIT DEVELOPMENT/ CONDITIONAL USE AGREEMENT ALBERTVILLE MARKETPLACE WHEREAS, the City of Albertville ("City"), a municipal corporation organized under the laws of the State of Minnesota, and Albertville Marketplace, LLC "Developer," a Minnesota Limited Liability Company, entered into an Agreement titled "Planned Unit Development/Conditional Use Agreement Albertville Marketplace" ("Developer's Agreement") dated August 7, 2007 and recorded as document number A1065358 at the Wright County Recorder's Office, Wright County, Minnesota; and WHEREAS, Developer seeks to modify the landscaping requirements and surety requirements of the original agreement; NOW, THEREFORE, IT IS HEREBY AND HEREIN MUTUALLY AGREED, in consideration of each party's promises and considerations herein set forth, as follows: 1. Letter of Credit. Paragraph 4A of the Developer's Agreement is modified to read as follows: "Developer will provide the City with an irrevocable letter of credit (or other surety as approved by the City Attorney) as security that the obligations of the Developer under this contract shall be performed. Said letter of credit or surety shall be in the amount of $629,450.00, representing the sum of 100% of the estimated cost of the Municipal Improvements ($298,450.00), 100% of the cost of selected Private Improvements, ($273,000.00, including private street, retaining walls, grading, and all utility work), and 150% of the estimated cost for landscaping/screening materials marked as "perimeter" and "restaurant" and "street corridor" on Exhibit D ($58,000.00). Said letter of credit or surety must meet the approval of the City attorney as to form and issuing bank.." M:\Public Data\Agreements\2008 Amendment to Albertville Marketplace Dev Agree 2.doc Agenda Item No. 8.K.4. Meeting Date December 15, 2008 95 2. Landscaping. Paragraph 1 J of the Developer's Agreement is modified to read as follows: "Trees, shrubs, berms and screening are to be planted and installed as shown on the landscape plan attached as Exhibit D. Developer shall install landscaping marked "perimeter" and "restaurant" and "street corridor" on Exhibit D by October 31, 2008, The Developer shall guarantee that all new trees shall survive for two full years from the time the planting has been completed or will be replaced at the expense of the Developer. The remaining Landscaping on Exhibit D shall be installed by Lot Owners on a lot -by -lot basis as buildings are constructed on each lot. Each lot owner will be required to post a cash escrow with the City prior to the issuance of a building permit for such lot. The escrow shall cover the estimated cost to purchase and install landscaping for that lot and the escrow shall remain with the City for the full two year guarantee period." 3. Site Plan. Paragraph I of the Developer's Agreement is modified to read as follows: Developer shall develop Said Plat consistent with the site plan attached as Exhibit C. No building and site construction which otherwise complies with the Site Plan attached as Exhibit C shall be required to receive separate site and building plan approvals from the Planning Commission and City Council. In addition, no separate building plan approval is needed from the City Council for any building plan where the building size has been reduced by not more than 10% of the square footage shown on Exhibit C and otherwise complies with the Site Plan shown on Exhibit C. However, this requirement shall not relieve the applicant from obtaining all necessary building plan approvals required by the City's building code. Any changes to the building configuration, increases in building size, decrease in building size greater than 10%, change in parking configuration, curb locations, drive lanes or traffic flow shall require the requisite building and/or site approval from the City Council, and may, depending upon the scope of the change, be required to be referred back to the City's planning commission for additional public hearing proceedings. Developer may delay installing the fence shown on the Site Plan until 60 days after the earlier of such time as 1) the City Council specifically requires such fence to be installed, or 2) the Developer determines that such fence should be installed. 4. Exhibit Modification. Exhibit D of the Developer's Agreement shall be replaced by the Exhibit D attached to this Addendum. 5. Developer's Agreement. Except as specifically altered by this Addendum, the terms of the Developer's Agreement shall remain in full force and effect for the properties in Albertville Marketplace. M:\Public Data\Agreements\2008 Amendment to Albertville Marketplace Dev Agree 2.doc Agenda Item NANA A Meeting Date December 15, 2008 0 CITY OF ALBERTVILLE, By Its Mayor By Its Clerk ALBERTVILLE MARKETPLACE, LLC Its: By: Albertville Marketplace, LLC STATE OF MINNESOTA ) ss. COUNTY OF WRIGHT ) The foregoing instrument was acknowledged before me this day of 2008, by as Mayor of the City of Albertville, a Minnesota municipal corporation, on behalf of the city and pursuant to the authority of the City Council. Notary Public STATE OF MINNESOTA ) ) ss. COUNTY OF WRIGHT ) The foregoing instrument was acknowledged before me this day of , 2008, by , as Clerk of the City of Albertville, a Minnesota municipal corporation, on behalf of the city and pursuant to the authority of the City Council. M:\Public Data\Agreements\2008 Amendment to Albertville Marketplace Dev Agree 2.doc Agenda Item No. 8.K.4. Meeting Date December 15, 2008 97 Notary Public STATE OF MINNESOTA ) ) ss. COUNTY OF WRIGHT ) The foregoing instrument was acknowledged before me this day of 2008, by Albertville Marketplace, LLC. Notary Public DRAFTED BY: Couri, MacArthur & Ruppe, P.L.L.P. P.O. Box 369 705 Central Avenue East St. Michael, MN 55376 (763) 497-1930 M:\Public Data\Agreements\2008 Amendment to Albertville Marketplace Dev Agree 2.doc Agenda Item No. 8.K.4. Meeting Date December 15, 2008 4. 1Lm To: Larry Kruse, City Administrator; Albertville City Council From: Mike Couri Date: December 9, 2008 Re: Attorney Report Below is an update of the projects our office has been working on for the City. • Highway 19 South Improvement. Trial on the Psyk appeal is scheduled to begin on Monday, December 15th, unless we get bumped to a later date by another trial with a higher priority. The trial will likely take 1 to 2 days and should be fairly straight forward. Although Judge Mottl will have 90 days after the end of trial to issue a ruling, I would expect a decision within 60 days or so. Leuer's appeal is scheduled for trial on April 2nd • XCEL and Wright Hennepin Franchise Agreement I have gone back and forth with the Xcel representatives on the language of the franchise agreement to arrive at the proposed agreement that is on this meeting's agenda. I have also sent this agreement to Wright Hennepin for their review, but do not know if I will have Wright Hennepin's comments by the Council meeting. Both agreements are the same so that neither company has a competitive advantage over the other. The agreements are for a term of 20 years, like the ones that preceded them. • Albertville Marketplace. The second amended developer's agreement is finished and has just been sent to the developer's attorney for review. I have put it on the Council's agenda as its terms are consistent with those requested by the Developer and already approved in concept by the Council at the last meeting. M:\Public Data\City Council\Council Packet information\2008\12-15-08\12 15 2008 8-J- Attorney Report 14, December 9, 2008.doc Agenda Item No. 8. K.4. Meeting Date December 15, 2008 Mayor and Council Communication — December 9, 2008 Legal — City Attorney's Report Page 2 of 3 • City Hall Plat. Bridget recorded the final plat last week. • Prairie Run. I still have not heard from Gold Key's attorney with a plan for addressing the private street maintenance. I will continue to try to reach him. • TIF Districts. I have left messages with Albert Barthel and Bertha Fehn (I spoke to Bertha again this week) to try to get some documentation of the TIF eligible costs incurred in the construction of the Barthel Bus Garage. I hope to have an answer soon as to whether any of the paperwork has been saved. • Towne Lakes 6th Addition. Hennen's attorney has served the City with a declaratory judgment action similar to the Hunters Pass/S.J. Louis litigation. Hennen is asking the City to draw on the letter of credit and pay Hennen in the event the court rules that the City has the authority to do so. I have been in contact with Alliance Bank (the letter of credit issuer) and expect them to oppose Hennen's request. I would like to have a closed session with the City Council in January to discuss the City's options and the Council's preference as to how the City should respond in the litigation. In the meantime, I have been working with Alliance Bank's attorney to have the bank reissue its letter of credit before it expires. • Hunter's Pass. The Court has issued an order authorizing the City to pay S.J. Louis from the letter of credit funds according to the terms of the settlement agreement. A check for $120,000 to S.J. Louis is on this agenda for approval. Once this is paid to S.J. Louis, the City will make no further payments until all work originally slated to be completed by the Developer is finished. At that time, any remaining funds will be paid to S.J. Louis. • Towne Lakes Water Bill. The agreement to have Scherer Brothers pay the $19,000 in water bills in exchange for the City releasing Scherer Brothers remaining 5 lots from financial liability has been reviewed by Scherer Brothers' attorney. She has requested clarifications in the agreement. While a draft of this agreement has been prepared, I have not had time to finalize it and send it to her for review. I will likely get to this after the Psyk trial. M:\Public Data\City Council\Council Packet information\2008\12-15-08\12 15 2008 8-J- Attorney Report 14, December 9, 2008.doc Agenda Item No. 8.K.4. Meeting Date December 15, 2008 100 Mayor and Council Communication — December 9, 2008 Legal — City Attorney's Report Page 3 of 3 • Niemeyer Trailer Sales. A draft of the developer's agreement was sent to Niemeyer on October 2nd for his review. I received his comments back on December 3rd. The comments are extensive, and will likely take a week or two to work through and resolve. This item will come to the City Council for approval in January along with the sewer and water trunk ordinances which will accompany the agreement. • Downtown Plat. The plat is currently being reviewed by the Wright County Surveyor. Once approved, we will obtain signatures and submit it to the County for recording before year's end. • LaBeaux Station. The LaBeaux Station developer's agreement was just returned to me yesterday. I expect to record it shortly. • Parkside Commercial. I will be sending the revised Developer's Agreement to the Developer for signature shortly. • Hoey Silln Relocation Compensation. I have briefly looked at the Federal Highway Administration's interpretation of its landlord/tenant relocation rules as they relate to Hoey, but have not completed my review of this issue. I am also trying to contact Gerhardt Knechtl to determine whether the relocation compensation paid to Mr. Knechtl was made available to Hoey. I will bring this issue back to the Council at a January meeting once I have sufficient information to determine a course of action. M:\Public Data\City Council\Council Packet information\2008\12-15-08\12 15 2008 84- Attorney Report 14, December 9, 2008.doc Agenda Item No. S.K.4. Meeting Date December 15, 2008 101 A�Ibcrtville snum Toum u*bll. 09 aa, mL MEMORANDUM Date: December 11, 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. FYCC — BALLFIELD/OUTSIDE ICE CHARGES Council Member Vetsch and I will be meeting on December 161h with St. Michael and FYCC to discuss if the Cities should initiate a charge for youth use of facilities. It is our understanding that the City Council may be interested in a small charge for facilities if both cities charge similar amounts. Charges will likely be less than the actual cost to provide the facilities. DOWNTOWN LAND TRADE The plat is being reviewed by the County and hopefully a closing will be scheduled by year-end. FIRE DEPARTMENT BUDGET-OTSEGO MEETING Council Member Wagner and I met with St. Michael regarding their desire to terminate the City's contract with St. Michael. Currently St. Michaelis proposed to pay Albertville an estimated $24,000 in 2009. If a change must be made, Albertville requested due notice and suggested they honor the 2009 contract amount. 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\12-15-2008 City Admin Report.doc Agenda Item No. 8.L. I. Meeting Date December 15, 2008 103 Mayor and Council Communication — December 15, 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. Currently L& D Trucking is asking $1,600,000 for the approximate 2.5 acres. Vinge stated they are open to offers or short term parking agreements. 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. I have requested they prepare an estimate for cost to develop plans and specifications to bid the westerly I-94 phase. ALBERT VILLAS POND MITIGATION/S.E.H. SETTLEMENT City Council Member Berning, Building Official Sutherland and I met with S.E.H. representative Dan Boxrud. They made a modest increased offer, however not enough to settle the case. It was agreed to move to formal mediation to continue the effort to settle the Albert Villas pond issues. M:\Public Data\City Administrator\2008\Reports to Council\12-15-2008 City Admin Report.doc Agenda Item No. 8. L. A. . Meeting Date December 15, 2008 104 FYCC Park & Recreation Responsibilities for the Cities of Albertville & St. Michael • Attendants o Interview o Hire o Schedule o Train (CPR, First Aid and work responsibilities) o Payroll • Concessions o Purchasing o Stocking o inventory • Hockey o Scheduling o Act as liaison between Hockey Association and the City • Broomball o Scheduling o Act as liaison between group and the City • Community o Scheduling: i.e. Ice time for Community Ed learn to skate classes, church groups • Reporting o Gathering and tracking numbers for the City o Dealing with challenges that arise o Providing feedback to the City on overall rink season Baseball • Schedule games and practices • Coordinate schedules with the different groups • Get schedules for field preparation to maintenance department • Facilitate collection of fees from different groups • Coordinate public reservations • Act as liaison to the City • Provide concessions for all games Concessions o Purchasing o Stocking o inventory • Schedule workers to staff stands during games • Work with vendors to find the best prices FYCC Park & Recreation Responsibilities for the Cities of Albertville & St. Michael Parks • Reading in the Park o Schedule readers o Purchase and distribute books o Coordinate with groups (Moms Club) o Supply staff to facilitate these events o Advertise to the community • Games in the Park o Schedule games appropriate for all age groups o Supply equipment necessary for these games o Supply staff to facilitate this events o Advertise to the community • Arts in the Park o Schedule to provide this event in different parks throughout the summer o Provide supplies needed to facilitate these events o Supply staff to facilitate these events o Advertise to the community • Summer Youth Theatre o Audition Children (Everyone gets a part) o Facilitate practices o Supply costumes and props o Hold a public performance Other • Work with Businesses and groups within the Community • Inspiration fitness ■ Artisan Salon & Spa ■ St. Michael — Albertville Ice Arena ■ Liv Music ■ Albertville Lions FYCC Park & Recreation Responsibilities for the Cities of Albertville & St. Michael Numbers of Interest: Rinks: 2,300 people skated on the Albertville Outdoor Rinks winter of 2007-08 2,200 people skated on the St. Michael Outdoor Rinks winter of 2007-08 Hockey: 60+ hours of practice time on Albertville Rinks 90+ hours of practice time on St. Michael Rinks Broomball: Plays games on Albertville Ice 5 hours a week = 50 hours Baseball: Albertville = 91 Albertville City 1 69 Albertville City 2 65 Albertville City 3 37 Oakside 47 Villas 307 Scheduled Events St. Michael = 41 Highwoods 50 Preserve 141 Rec. 1 108 Rec. 2 121 Rec. 3 72 Rec. 4 38 Walnut 1 26 Walnut 2 597 Scheduled Events Summer Parks: 2,049+ children serviced summer 2008