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2007-02-20 CC PacketA,lbertville smr rrrr�e. ere cr�r ue.. ALBERTVILLE CITY COUNCIL F.T"4 [71 TUESDAY, FEBRUARY 20, 2007 7:00 PM 1. PLEDGE OF ALLEGIANCE 2. CALL TO ORDER — ROLL CALL — ADOPT AGENDA 3. MINUTES A. February 5, 2007 City Council minutes (pgs. 3-16) 4. CITIZEN FORUM — (10 Minute Limit) 5. CONSENT AGENDA A. Approve payment of claims check numbers 023917 to 023966 (pgs. 17-22) B. Approve application for 3.2 Malt Liquor License for the STMA Women of Today for the Wine Tasting Social to be held at the Albertville City Hall in the Multi -purpose Room on March 9, 2007 6. ACTION ON PULLED CONSENT ITEMS 7. PUBLIC HEARING 8. DEPARTMENT BUSINESS A. Fire Department B. Public Works Department C. Finance Department D. City Clerk 1). Text Amendment to Title 6, Chapter 2, Section 2 Animal Control Amendment (discussion) (pg. 23) 2). Text Amendment to Title 5, Chapter 5, Section 2 Pertaining to the Hours of Operating Equipment Amendment (discussion) (pg. 25) 3). Set agenda items for February 26, 2007 Workshop 1 4). Consider setting Monday, March 26, 2007 at 7:00 p.m. as a joint Planning and Zoning Commission and City Council workshop (follow-up to January 22, 2007 workshop) E. Planning and Zoning F. Engineering 1). Approve Resolution No. 2007-14 entitled a Resolution to Wright County in Support of the Authorization of the Commissioner of Transportation to Perform an Engineering and Traffic Investigation to Determine the Reasonable and Safe Speed Limit on the following Wright County Highway CSAH 18 G. Legal 1). STMA School District Ponding Bid Agreement 2). Adopt Wright County -City of Albertville CSAH 19 Improvement Project Agreement H. City Council I. Administration 9. ADJOURNMENT AFFIDAVIT OF POSTING STATE OF MINNESOTA SS. COUNTY OF WRIGHT Tracey Nubbe, being first duly sworn, says that on the 16th day February 2007 Tracey posted the documents as shown on the reverse side a true copy of each thereof at 3:20 p.m. at the Albertville City Offices in the window, at the City of Albertville, County of Wright, State of Minnesota. Subscribed and sworn to before me this *dayof �� .2007. t � BRIDGET MARIE MILLER Notary Publi NOTARY PUBLIC-MINNESOTA Mj Commission Expnes jar 31. 2038 rIAAAr MAPublic Data\City Council\Council Agendas\Affidavit of Agenda Posting format.doc Albertville City Council and Planning Commission February 20, 2007 Attendance Page 1 PRINT Name Jane Doe Address 1325 Any Street NE city Albertville ---T _4 IS y y oC) r tl c II I- S 7 041s T .v .S, ; MAPublic Data\City Council\2006 Public Hearing Attendance.doc A1bcrtvillc Smal vuhMo.ftObi uti. ALBERTVILLE CITY COUNCIL February 5, 2007 Albertville City Hall 7:00 PM PRESENT: Mayor Ron Klecker, Council members John Vetsch, LeRoy Berning, Dan Wagner, and Tom Fay, City Planner Al Brixius, City Attorney Mike Couri, Assistant City Engineer Adam Nafstad, City Administrator Larry Kruse, Finance Director Lannes, PW Supervisor Tim Guimont, WWTP Superintendent John Middendorf, and City Clerk Bridget Miller Mayor Klecker called the Albertville City Council meeting to order at 7:00 p.m. followed by the Pledge of Allegiance. ADOPT AGENDA MOTION BY Council member Vetsch, seconded by Council member Berning to approve the agenda as amended: removing under Planning I I.E.2.a. & b.; adding under Engineering I I .F.4. Towne Lakes 1st and 2❑d Add. Release Surety Letter of Credit; under Administration 11.1-1.2. Moving Forward with Ponding; under Administration I I .H.3. Memorandum of Understanding between State of MN, Albertville, Wright County, Otsego, St. Michael I-94 Corridor and Resolution No. 2007-13 entitled a Resolution of Support for State and Federal Funding for the CSAH 19 and CSAH 371-94 Interchange Projects Located in Wright County, Minnesota, and on file in the office of the City Clerk. Motion carried unanimously. MINUTES MOTION BY Council member Berning, seconded by Council member Fay to approve the Tuesday, January 16, 2007 regular City Council minutes as presented and are on file in the office of the City Clerk. Motion carried unanimously. MOTION BY Council member Berning, seconded by Council member Vetsch to approve the Monday, January 22, 2007 joint City Council and Planning and Zoning Commission minutes as presented and are on file in the office of the City Clerk. Motion carried unanimously. CITIZEN FORUM Mayor Klecker asked if there was anyone present that wanted to speak to the Council regarding an issue that was not on the agenda. There was no one present to discuss an issue with the Council. CONSENT AGENDA MOTION BY Council member Fay, seconded by Mayor Klecker to approve the consent agenda pulling item G. and check numbers 023876 and 023877. Motion carried unanimously. A. Approve payment of claims check numbers 023862 to 023889 B. Approve Bolton & Menk, Inc. Engineer's recommendation for Application for Partial Payment No. 2 (Final) for 2006 Street Overlay Improvements to Buffalo Bituminous in the amount of $12,489.53 C. Approve Bolton & Menk, Inc. Engineer's recommendation for Application for Payment No. 8 (Final) for 2004 Prairie Run Improvements to Dennis Fehn Gravel and Excavating, Inc. in the amount of $90,577.18 D. Approve staff s Request for Council Action (RCA) contracting with Countryside Fence to install chain link fence (storage cubicles) in the City Hall Basement at a cost of $4,300 with funds from the City Hall Construction Account E. Approve staff s Request for Council Action (RCA) purchasing steel storage racking for the City Hall Basement Storage from Menards at a cost of approximately $1,600 with funds coming from the City Hall Construction Account F. Approve Resolution No. 2007-07 entitled a Resolution for agency agreement for Albertville Interchange G. Approve staff s Request for Council Action (RCA) contracting for Janitorial Service for City Hall and possibly the Public Works Facility and Fire Hall H. Approve staff s Request for Council Action (RCA) purchasing a water softener for City Hall ACTION ON PULLED CONSENT ITEMS Item G. Approve staff s Request for Council Action (RCA) contracting for Janitorial Service for City Hall and possibly the Public Works Facility and Fire Hall Council members Berning asked if there was a need to contract for all three buildings or if the City could consider contracting for City Hall now and add the PW Building and Fire Hall at a later date. City Administrator Kruse stated that the Council does not have to approve the contract for all three buildings. Staff felt that since we were obtaining quotes for City Hall we asked for the additional buildings. After staff review of the quotes, it appeared to be a reasonable fee for cleaning all the buildings. City Administrator Kruse brought to the Council's attention the fact that PW Supervisor Guimont was present to answer any concerns the Council may have. MOTION BY Council member Berning, seconded by Council member Fay to approve Item G., which is to approve staff s Request for Council Action (RCA) to contract for Janitorial Service with North American Cleaning Service on a monthly basis through December 31, 2008 to clean City Hall, Public Works and the Fire Hall at a cost estimated at $6,392 per year and an additional hourly rate of $16.00 on an as needed basis as per the proposal, which is on file in the office of the City Clerk. Motion carried unanimously. 11 Check numbers 023876 and 023877 Check number 023876 to Northern Tool & Equipment in the amount of $436.71 for repairs to the Fire Hall. The expense was to relocate the pressure washer within the building from the north side of the building to the south side of the building. By moving the pressure washing system to the south side allows it to be more accessible for washing of the fire trucks. Check number 023877 to Northstar Mechanical, Inc. in the amount of $3,200 was to relocate the pressure washer piping. MOTION BY Council member Berning, seconded by Council member Wagner to approve check numbers 023876 and 023877. Motion carried unanimously. ENGINEERING - CSAH 19 IMPROVEMENT PROJECT Approve Resolution No. 2007-09 entitled a Resolution Accepting the Feasibility Study for CSAH 19 Improvement Assistant City Engineer Nafstad reported that the Council has been discussing the CSAH 19 Improvement Project at the last couple of council meetings. During the discussion Nafstad drafted a summary and conclusions for council review. Nafstad began stating that all improvements addressed within the Feasibility Study deem feasible from a technical standpoint. In addition, the improvements are necessary to provide adequate transportation facilities and municipal services to the project area, and represent cost effective solutions for doing so. The proposed project consists of adding northbound and southbound lanes, pedestrian facilities, storm sewer facilities, intersection control devices, water main, along with landscaping and lighting on CSAH 19 from approximately 571h Street NE to the southerly city limits. The City of Albertville has the opportunity to incorporate municipal type improvements with those of the County's into one project. Incorporation of such improvement is believed to be the most cost efficient manor of implementation. The total project costs and the cost apportionment is as follows: • Total Project Cost is estimated at $5,462,915, which does not include overhead costs • City of Albertville portion will be approximately $1,892,729, which includes Albertville's overhead costs • Wright County's share of the project cost is $3,426,746, which is not including the county's overhead costs • Joint Powers Water Board's estimated cost is $ 255,350, which does not include any overhead costs Nafstad explained that possible funding sources include, but are not limited to, Chapter 429 Improvement Bonds and Municipal State Aid (MSA) construction funds. Nafstad continued by stating that it is staffs understanding that the City Council desires to explore the option of assessing benefiting properties for the city's share of the improvements, excluding costs associated with lighting and landscaping. To explore this potential option, 26 properties receiving benefit from the improvement have been identified and an assessment scenario that consists of three (3) levels of assessment rates has been proposed: Tier 1, Tier 2, and Tier 3 with proposed square foot assessment rates as follows: Tier 1 - $0.60/square foot Tier 2 - $0.30/square foot Tier 3 - $0.15/square foot Nafstad stated that in January 2004, the Northeast Wright County Transportation Study was completed. The study identified several issues on CSAH 19 including traffic congestion, which recognized significant traffic backups at the intersection of CSAH 19 and CSAH 18. CSAH 19 is a Minor Arterial Highway serving as an important regional north -south corridor in the northeast area of Wright County. CSAH 19 is one of the few north -south arterial routes in eastern Wright County. Nafstad reported that Wright County has programmed CSAH 19 Improvements and are ready to begin the process of improving the segment of CSAH 19 between 57th Street NE to Albertville's southerly city limits and ultimately commencing construction Spring 2007. In order for Wright County to meet this goal, the County is in the process of completing environmental documentation, right-of-way acquisition, and final design. The Council needs the assistance from the City of Albertville to accomplish these tasks. The Council has retained SRF Consultants to provide professional services for these tasks. It is the overall goal of this project to provide additional traffic capacity and improve safety on CSAH 19. The improvements will include a traffic control system at the intersection of CSAH 19 and 501h Street NE, expanding CSAH 19 to a 4-lane divided highway with raised concrete median and turn lanes, improving a portion of 501h Street NE by adding turn lanes, which will provide better intersection geometry, along with the turn lanes it will provide adjacent walkways for pedestrians, and a better driving surface. This project will match into a recently completed project on the north end and is scheduled to continue from Albertville's southerly limits to TH 241 in 2008. Nafstad brought to the Council's attention the fact that the City has the opportunity to incorporate municipal type improvements with those of the County's into one project. Per Wright County's Funding Policy, the cost apportionment that Albertville is responsible for is estimated at 20% of the total cost. Such improvements include an urbanized highway design, pedestrian trails or walkways, relocating overhead utilities to underground, lighting and landscaping amenities. By incorporating such improvements is believed to be the most cost effective manor of implementation. 10 Wright County estimated the cost to place the overhead utilities underground at $150,000, which should be added to the expenses. Council member Vetsch felt that the County should be more responsible for the cost. If the County wants the power lines underground, the County should pay for more of the cost. To expect the current business owners to pay the expense of going from overhead utilities to underground does not seem reasonable. Nafstad reported that the costs associated with the construction of CSAH 19 Improvements are preliminary at this point. Council was not aware there would be a trail or walkway constructed on both sides of CSAH 19. Council questioned when it was proposed for both? Staff reported that it was always proposed for both sides. Placing the pedestrian trail or walkway on both sides would provide continuity throughout Albertville and across 50thh Street NE to the city limits. Council member Berning brought up the question as to what the cost for mitigation would be for the wetland area should the trail continue on the west side across 501h Street NE to the city limits. City Administrator Kruse asked the Council if Albertville recommends altering the Plans and Specs for the CSAH 19 Project. If Albertville alters the Plans and Specs by removing a portion of the trail, would postpone the Project until 2008. City Attorney Couri informed the Council that this is the Public Hearing portion of the CSAH 19 Improvement process. Later in the meeting Council will be approving the Resolution Ordering the Improvement, at that time Council has the ability to alter the Plans or Specs. City Attorney Couri briefly reviewed with the Council the 429 Assessment process, identifying the option Council has to calculate payment of the project. At a future meeting Council will conduct another Public Hearing, which the assessment will be identified and notices will be sent to the property owners informing them how much their portion of the assessment will be. Couri went on to explain that the Council has a number of options to consider and approve tonight. One option is to approve the project, which means go forward with the proposed project as presented. Second option is to deny the project, which means not to go forward with the project. Third option is to approve the project, which again means go forward with alterations to the proposed Plans and Specs. Couri reminded the Council that the cost associated with the construction is preliminary at this point. 7 MOTION BY Council member Berning, seconded by Council member Wagner to approve Resolution No. 2007-09 entitled a Resolution Accepting the Feasibility Study for CSAH 19 Improvement, and on file in the office of the City Clerk. Motion carried unanimously. PUBLIC HEARING CSAH 19 Improvement Hearing Mayor Klecker opened the CSAH 19 Improvement public hearing at 7:47 p.m. Mayor Klecker asked if there was anyone present regarding the CSAH 19 Improvement Hearing. We ask the resident's to approach the podium one at a time. We ask that everyone have the opportunity to speak at least once before coming back to the podium. Bob Jossart, representative of the Albertville -St. Michael Medical Clinic LLC that is going in at the corner of CSAH 19 and CSAH 18. Jossart expressed his concern and would like to see the project go forward. If the project does not go forward now and becomes delayed until 2008, it would disrupt the medical clinic. Jossart would like to see the pedestrian trail to continue along the west side of CSAH 19 as it would benefit the clinic. Jossart commented regarding the right -in, right -out not being shown on the plans off of 501h Street NE or CSAH 18 into his development. Nafstad responded stating that currently it is a full access, but in the future it could become a right - in, right -out if CSAH 18 is improved. Rick Heuring of 9669 — 2401h Avenue, Elk River spoke on behalf of his parents Leander and Monica Heuring. Heuring reported that his parents' situation is different from the others. Because of the fact that the property is currently zoned commercial, pulls it into the assessment roll. Heuring went on to explain that it is proposed to widen the road, which makes it more costly. There is no benefit to my parents to widen the road. The benefit would be to the motorists that travel the road if the city upgrades to a 4-lane divided highway with signalized traffic lights. Mike Leuer-Munstertieger of 3600 Holly Lane, Plymouth represented the property owners of block number 13 and 14. Leuer-Munsterteiger was trying to understand how the Tier system worked and how the figure of $0.60 per square -foot will benefit the property owners for parcel 13 and 14. Leuer-Munstertieger would like to see the Council reconsider going forward with the project as it would be a hardship to assess the property owners abutting the CSAH 19 Improvement. Brad Mowen, partner to Mike Leuer-Munsterteiger informed the Council that he did some calculations and felt parcel 13 and 14 will be paying approximately $800,000 towards the project. There are very few property owners that abut the CSAH 19 Improvement project, which appears they will be paying for the project. Mowen commented that why should the few property owners be assessed for the project when the traffic count is 15,000 +/-, which is from the general public traveling up and down CSAH 19 and not the property owners. 8 Mitch Duncombe with Can -West Management representing the property owners of parcels 2, 3, 8, 9, and 10. Duncombe reported that the improvements are great, but these property owners are going to be assessed for the costs, plus the proposed costs for the I-94 improvements. Duncombe noted that a number of the commercial buildings along CSAH 19 sit vacant, because the business entrepreneurs cannot afford to stay open. Clients are opposed to the proposed assessment. Leuer-Munstertieger asked the Council why Park Dedication Funds are not being considered for the construction of the pedestrian trail. Finance Director Lannes reported that there are not enough funds in Park Dedication to support the project. Mayor Klecker closed the CSAH 19 Improvement Hearing at 8:35 p.m. K. Hovnanian Vacation — Lot 9, Block 3 Hunter's Pass Estates -Approve Resolution No. 2007-12 entitled a Resolution Approving the Drainage and Utility Vacation for Lot 9, Block 3, Hunter's Pass Estates Mayor Klecker opened the K. Hovnanian Vacation Drainage and Utility Easement public hearing at 8:37 p.m. City Planner Brixius commented that previously K. Hovnanian addressed the Council regarding Lot 9, Block 3 of Hunter's Pass Estates explaining the error of the location of the porch. On the original Certificate of Survey the porch did not extend the entire length of the front of the house. It did not appear to be proportionate upon further review; therefore it was extended placing it in the utility and drainage easement. At the January Planning Commission it was recommended for approval with the Council's comments to have the next three (3) permits reviewed by the City Engineer's firm. Mayor Klecker closed the K. Hovnanian Vacation Drainage and Utility Easement public hearing at 8:39 p.m. MOTION BY Council member Fay, seconded by Council member Berning to approve Resolution No. 2007-12 entitled a Resolution Approving the Drainage and Utility Vacation for Lot 9, Block 3, Hunter's Pass Estates, effective upon the developer's signature on the Easement Vacation Agreement, and on file in the office of the City Clerk. Motion carried unanimously. Approve K. Hovnanian Easement Vacation Agreement City Attorney Couri noted that an Easement Vacation Agreement has been drafted for Council approval. This is a standard agreement ensuring that K. Hovnanian, T & C Homes at Minnesota, LLC herein mutually agree that in the future, the City will review all setback measurements both on renderings and on the building site, for the placement of buildings on the next three (3) building permit applications submitted by the Developer in Hunter's Pass Estates. The review E may include having the City engineer or some other surveyor verify that the Certificate of Survey submitted by the Developer is correct. MOTION BY Council member Berning, seconded by Council member Fay to approve K. Hovnanian Easement Vacation Agreement, and on file in the office of the City Clerk. Motion carried unanimously. TINKLENBERG GROUP AND SEH, INC. — PUBLIC INVOLVEMENT PROPOSAL Jodi Ruehle with the Tinklenberg Group reported that the I-94 Task Force met and what the Tinklenberg Group is proposing is to conduct open houses or workshops bringing together neighboring communities. The workshop would include SEH in some aspects to demonstrate the layouts and phases of implement. Council inquired about the use of the $800,000 Federal Funds towards the construction or other costs associated with the process. City Administrator Kruse stated that it would require a process of selecting the engineer to proceed to utilize the Federal Funds. Of the initial $800,000, the City has dedicated $600,000 towards the purchase of land; therefore leaving a balance of $200,000. Kruse reported that staff recommends going forward with the project. A thorough and effective public involvement process should begin in February 2007 with the development of a plan over the course of several months ending in the fall of 2007. But in order to proceed, staff needs to get approval of the Plans and finalize the project to present to the State. MOTION BY Council member Fay, seconded by Council member Wagner to approve the Tinklenberg Group and SEH, Inc. Public Involvement Proposal at a cost not to exceed $68,000, and on file in the office of the City Clerk. Motion carried unanimously. SEH, INC. — SCOPE OF WORK AND DELIVERABLES LAYOUT Jamieson Sloben with SEH, Inc. explained to Council that CSAH 37 would be one phase, which the portion of the estimated cost is $12M. Staff is doing their best to preserve the full interchange at CSAH 37, plus acquire a full interchange at CSAH 19. Council had concerns regarding Albertville's I-94 Interchange Project as to whether it is secure. Council is considering constructing the I-94 Interchange Project in phases, but question whether MnDOT will have the entire Project Recorded. Concern is that an example would be in 2008 Phase 1 is constructed and completed, then a number of years later, Albertville is ready to implement Phase 2, will MnDOT allow the construction? Sloben shared with the Council that Governor Pawlenty has commented about widening I-94. A suggestion would be for staff to meet with Terry Humboldt now to answer some of the unknowns that Albertville has with the potential of the 1-94 Improvement. 10 MEMORANDUM OF UNDERSTANDING BETWEEN THE STATE OF MINNESOTA, DEPARTMENT OF TRANSPORTATION, DISTRICT 3, WRIGHT COUNTY, CITY OF ALBERTVILLE, CITY OF OTSEGO, and CITY OF ST. MICHAEL; FOR I-94 CORRIDOR PLANNING RESOLUTION NO. 2007-13 ENTITLED A RESOLUTION OF SUPPORT FOR STATE AND FEDERAL FUNDING FOR THE CSAH 19 AND CSAH 37 I-94 INTERCHANGE PROJECTS LOCATED IN WRIGHT COUNTY, MINNESOTA City Administrator Kruse indicated that the Memorandum of Understanding is made and entered into by and between the State of Minnesota, Department of Transportation, District 3; Wright County, the City of Albertville; the City of Otsego; and the City of St. Michael. All parties with the possibility of St. Michael are on board and willing to sign the Memorandum of Understanding along with Resolution No. 2007-13 entitled a Resolution of Support for State and Federal Funding for the CSAH 19 and CSAH 37 I-94 Interchange Projects located in Wright County, Minnesota. MOTION BY Council member Berning, seconded by Council member Wagner to approve Memorandum of Understanding between the State of Minnesota, Department of Transportation, District 3, Wright County, City of Albertville, City of Otsego, and City of St. Michael; for I-94 Corridor Planning, and on file in the office of the City Clerk. Motion carried unanimously. MOTION BY Council member Berning, seconded by Council member Wagner to approve Resolution No. 2007-13 entitled a Resolution of Support for State and Federal Funding for the CSAH 19 and CSAH 37 I-94 Interchange Projects located in Wright County, Minnesota, and on file in the office of the City Clerk. Motion carried unanimously. DEPARTMENT BUSINESS BUILDING DEPARTMENT The Building Official did not have anything to report at this time. FIRE DEPARTMENT The Fire Department did not have a report. PUBLIC WORKS AND PARKS MAINTENANCE DEPARTMENT Public Works Supervisor Guimont inquired if the Council had any questions or concerns regarding the Public Works Department. Guimont informed the Council that in 2007-2008 winter season staff is considering flooding additional areas to provide more space for open -free skating. The rinks have been busy this 2006-2007 winter season. 11 WWTP DEPARTMENT Wastewater Treatment Superintendent Middendorf asked if the Council had any questions regarding the treatment plant, reed beds, or anything else. FINANCE DEPARTMENT Accounts Receivable Update and Project Status Update Finance Director Lannes basically stated that total accounts receivable outstanding through January 26, 2007 is $68,617.42 with the majority of the over 90 days outstanding due to Gold Key Development, School District and Edina Development. Lannes commented that Council requested monthly Project Updates, but no additional payments have been made since the end of 2006. CITY CLERK There was nothing to report on at this time. PLANNING AND ZONING Lake Community Bank Sign Variance - Approve Resolution No 2007-08 entitled a Resolution Approving Lake Community Bank Sign Variance (to allow a white background and reduce the amount of illumination by 50%) City Planner Brixius explained that Color Sign Systems, Inc. and Lake Community Bank have applied for a Variance for business ground signage at Lake Community Bank within Albertville. Color Sign Systems, Inc. obtained a copy of the current 2005 Albertville Municipal City Code pertaining to business ground signage in February 2006. The following month Albertville Planning & Zoning Commission and the Albertville City Council amended the text regarding the background color of signage. From February 2006 to October 2006 Color Sign Systems, Inc. and Lake Community Bank designed the signage in conjunction with the logo, which is Lake Community Bank's trademark. In November 2006, a sign permit was submitted to the Building Department at which time the applicant was notified of the change in the text. The applicant is requesting a white background to match Lake Community Bank's trademarked logo. Lake Community Bank has agreed to reduce the illumination 50%, which would reduce the amount of light coming from the sign. City Planner Brixius suggested that Council approve Resolution No. 2007-08 entitled a Resolution Approving Lake Community Bank Sign Variance (to allow a white background and reduce the amount of illumination by 50%) with the four (4) conditions: 1. Hours of illumination are limited to 7:00 a.m. to 11:00 p.m. 2. Illumination of the sign does not exceed 500 illumines per square foot 12 3. The sign height does not exceed thirty (30) feet 4. The sign is located three hundred (300) feet from all residential property lines MOTION BY Council member Berning, seconded by Council member Vetsch to approve Lake Community Bank Sign Variance, approving Resolution No. 2007-08 entitled a Resolution Approving Lake Community Bank Sign Variance (to allow a white background and reduce the amount of illumination by 50%) with the recommendations from the Planning and Zoning Commission and with staff s recommendations. Motion carried unanimously. Field Plaza 2nd Addition - Approve Resolution No. 2007-06 entitled a Resolution Approving the Preliminary Plat and Final Plat for Field Plaza 2° Addition - Approve Developer's Agreement for Field Plaza 2° Addition City Attorney Couri asked the City Council to push out the date for the Field Plaza 2nd Addition to the February 20 or March 5 City Council meeting. Niemeyer Trailer Sales Concept Plan {discussion item} City Planner Brixius reported that Niemeyer Trailer Sales has submitted an application for a concept plan for review to construct a building/warehouse and to allow for an outdoor display of recreational vehicles and trailers. Brixius noted that this did not appear to be a high volume or high traffic concern as it would be a specified destination for potential buyers. The proposed site is currently vacant and is zoned I-1, Limited Industrial. The applicant is looking for feedback from the City as to whether or not the proposed use is appropriate for the site, and what improvements may be necessary to accommodate the use. Council member Vetsch recommended that should the concept go forward, the developer would be restricted to contain or keep the storm water drainage within the site. It was the consensus of the Albertville City Council to proceed with the Niemeyer Trailer Sales Concept plan. Council directed staff to notify the applicant to complete the necessary applications with the conditions to contain the storm water drainage, pushes the parking lot back to avoid potential headlight glare from the residential area across CSAH 37, and to allow the height of the signage. ENGINEERING Approve Resolution No. 2007-10 entitled a Resolution Ordering the CSAH 19 Improvement Assistant City Engineer Nafstad indicated that the Resolution is to Order the CSAH 19 Improvement, which was discussed earlier in the meeting. Council had concerns with the potential soil borings south of 50th Street NE on the west side of CSAH 19 around the wetlands. Council questioned how much it would cost the City to correct the soil in order to install the proposed pedestrian trail or walkway. 13 Staff commented that should the City need to do some improvements to the trail it would be minor. The City could possibly use a layer of rock and then a thicker layer of bituminous. City Attorney Couri again reminded the Council that staff would calculate the proposed assessment. Couri did state that staff would recommend assessing high, because the Council would have an opportunity to lower the assessment once the cost is more accurate. What the City cannot do is assess low and then raise it after that. City Attorney Couri noted that there are Minnesota State Aide (MSA) Funds, which the City could use a portion of for the CSAH 19 Improvements. These funds are restricted for the usage of county or state roads only. Finance Director Lannes and Assistant City Engineer Nafstad informed the Council that they are looking for direction from the Council to start researching what portion of the MSA Funds the City can use towards the construction of the CSAH 19 Improvements. MOTION BY Council member Berning, seconded by Council member Wagner to approve Resolution No. 2007-10 entitled a Resolution Ordering the CSAH 19 Improvement as presented, along with the recommendation to potentially eliminate the trail on the southwest portion of CSAH 19, obtain additional funds from Wright County, staff to research the MSA Funds, and on file in the office of the City Clerk. Motion carried unanimously. Adopt Wright County -City of Albertville CSAH 19 Improvement Project Agreement City Attorney Couri briefly reviewed the CSAH 19 Improvement Project Agreement with the Council. Couri noted that clarification is needed regarding Article 2, Item 2, A. Notes Upon completion of the project, the City of Albertville will maintain the storm sewer system along CSAH 19; Article 2, Item 2, H. The City is responsible for additional R/W needed for bituminous pathway, (staff would like to know the square foot); Article 4 City Attorney would like to review in further detail with the Finance Director. No action was taken at this time as the Adoption of Wright Council — City of Albertville CSAH 19 Improvement Project Agreement has been postponed until the February 20, 2007 City Council meeting. Approve Resolution No. 2007-11 entitled a Resolution Declaring the Official Intent of the City of Albertville to Reimburse Certain Expenditures from the Proceeds of Bonds to be Issued by the City City Attorney Couri reported this is a standard resolution, which is declaring the official intent of the City of Albertville to reimburse certain expenditures from the proceeds of bonds to be issued by the City for the construction of CSAH 19. MOTION BY Council member Berning, seconded by Council member Wagner to approve Resolution No. 2007-11 entitled a Resolution Declaring the Official Intent of the City of 14 Albertville to Reimburse Certain Expenditures from the Proceeds of Bonds to be Issued by the City as amending adding the estimated reimbursement expenditure amount at a cost of $1,652,709.00 and on file in the office of the City Clerk. Motion carried unanimously. Assistant City Engineer Nafstad indicated that David Hempel of CPDC has submitted a request for Release of Surety for Towne Lakes 1" and 2"d Addition. Staff has reviewed the documents and is recommending that the Council approve the request to Release the Surety and the full amount of the remaining Letters of Credit for Towne Lakes 1st and 2"d Addition be returned. MOTION BY Council member Berning, seconded by Council member Fay to approve Bolton & Menk, Inc. Engineer's recommendation for Release of Surety for Towne Lakes Ist and 2"d Addition and that the full amount of the remaining Letters of Credit be returned and on file in the office of the City Clerk. Motion carried unanimously. LEGAL Approve City Attorney's recommendation to reduce the Letter of Credit for Prairie Run Addition {Gold Key Development} City Attorney Couri reminded the Council that the City is in litigation with Gold Key Development on the Prairie Run Addition. There is an estimated $600,000 in Letters of Credits on the Prairie Run Addition, which Couri is recommending the City reduce. MOTION BY Council member Vetsch, seconded by Council member Berning to deny the City Attorney's recommendation to reduce the Letter of Credit for Prairie Run Addition {Gold Key Development} and on file in the office of the City Clerk. Motion carried unanimously. Set Monday, March 5, 2007 at 7:00 p.m. or soon thereafter for a public hearing for the Vacation of MacKenzie Avenue NE City Attorney Couri informed the Council that in 2006 Council set a public hearing for the vacation of MacKenzie Avenue NE. The notice was published, but staff neglected to mail notifications to the property owners. Staff is looking for Council to set another public hearing, which staff will be certain that notifications are mailed to the appropriate property owners. MOTION BY Council member Berning, seconded by Council member Fay to set Monday, March 5, 2007 at 7:00 p.m. or soon thereafter for a public hearing for the Vacation of MacKenzie Avenue NE and on file in the office of the City Clerk. Motion carried unanimously. ADMINISTRATION Written Report City Administrator Kruse noted that the City Hall construction continues to progress. The HVAC system has been installed. The majority of the kitchen equipment has been installed. 15 Moving Forward with Pondina Mayor Klecker reported that the City should continue to move forward on the ponding issue. Regardless of how the court issue comes out on the Edina Development litigation, the City should take whatever measures it can to correct the oversight. City Attorney Couri agreed with Mayor Klecker to proceed with the ponding issue on the STMA School District's site within the St. Michael city limits. Council member Berning suggested that the Council conduct a public hearing allowing the citizens an opportunity to know how much they could potentially be assessed. City Attorney Couri recommended that the City complete an application with the City of St. Michael for the ponding on the school site. In the meantime, we could notify the appropriate property owners regarding an assessment. Staff and County has a premonition that the City of St. Michael will deny the application and there is the possibility that the property owners would oppose the assessment. In a court of law, this would demonstrate that the Albertville City Council is attempting to correct the problem that was created by the developer. Following the recommendation by City Attorney Couri, the Council discussed how to proceed with the ponding issue, yet at the same time find a way to preserve the Main Avenue NE connection into the St. Michael city limits. The three items for consideration are: • Main Avenue NE connection into the St. Michael city limits — suggest re -zoning the Zachman and Bistodeau property • Albert Villas property owners — recommended setting a public hearing in mid -March 2007 allowing the owners the opportunity to view their opinions on a potential assessment • Ponding on the School site in the St. Michael city limits Council member Vetsch suggested sending notifications to additional homeowners regarding the possible re -zoning of the Zachman and Bistodeau properties located on 50th Street NE. ADJOURNMENT MOTION BY Council member Berning, seconded by Council member Fay to adjourn at 11:45 p.m. Motion carried unanimously. 10 be rtvi � Ufe. City of Albertville Check Detail Register February 20, 2007 Check Amt Invoice Comment 10100 Premier Bank Paid Chk# 023917 2/20/2007 ALBERTVILLE BODY SHOP, INC. E 101-43100-404 Repair/Maint - $45.60 02-2007 1989 Chev repair Total ALBERTVILLE BODY SHOP, INC. $45.60 Paid Chk# 023918 2/20/2007 ARAMARK UNIFORM SERVICES E 101-45100-417 Uniform Rentals $15.40 629-6147374 Parks Dept - Uniform Sery E 101-43100-417 Uniform Rentals $15.41 629-6147374 Public Works -Uniform Sery E 601-49450-417 Uniform Rentals $10.27 629-6147374 Sewage Dept. - Uniform Sery E 602-49400-417 Uniform Rentals $10.27 629-6147374 Water Dept - Uniform Sery E 602-49400-417 Uniform Rentals $14.09 629-6157203 Water Dept - Uniform Sery E 101-43100-417 Uniform Rentals $21.14 629-6157203 Public Works -Uniform Sery E 101-45100-417 Uniform Rentals $21.13 629-6157203 Parks Dept - Uniform Sery E 601-49450-417 Uniform Rentals $14.09 629-6157203 Sewage Dept. - Uniform Sery E 601-49450-417 Uniform Rentals $21.44 629-6162084 Sewage Dept. - Uniform Sery E 101-45100-417 Uniform Rentals $32A4 629-6162084 Parks Dept - Uniform Sery E 101-43100-417 Uniform Rentals $32A6 629-6162084 Public Works -Uniform Sery E 602-49400-417 Uniform Rentals $21.44 629-6162084 Water Dept - Uniform Sery E 101-41940-405 Repair/Maint - Buildings $44.09 629-6162085 Mats Total ARAMARK UNIFORM SERVICES $273.07 Paid Chk# 023919 2/20/2007 B & D PLUMBING E 482-49300-300 Professional Srvs (GENERAL) $2,372.00 65368 Installation of Kitchen Equipm Total B & D PLUMBING $2,372.00 Paid Chk# 023920 2/20/2007 BECKER ARENA PRODUCTS, INC E 101-45100-210 Operating Supplies $232.70 60696 Paint Total BECKER ARENA PRODUCTS, INC $232.70 Paid Chk# 023921 2/20/2007 BOLTON & MENK, INC E 473-49000-303 Engineering Fees $1,134.00 99518 Prairie Run Total BOLTON & MENK, INC $1,134.00 Paid Chk# 023922 2/20/2007 CABLING SERVICES CORPORATION E 482-49300-300 Professional Srvs (GENERAL) $9,784.44 6648 New City Hall cable re -run Total CABLING SERVICES CORPORATION $9,784.44 Paid Chk# 023923 2/20/2007 CARQUEST E 101-43100-404 Repair/Maint - $28.60 1536-18877 Micro V Belt 1998 Chev Pickup E 101-45100-404 Repair/Maint - $10.50 1536-19513 Terminal Pak & switch E 101-42400-404 Repair/Maint - $195.51 1536-19805 Remfg Alternator E 101-42400-404 Repair/Maint - ($45.65) 1536-19807 Building Dept Remfg Alt, Micro E 101-43100-404 Repair/Maint- $14.03 1536-19841 Switch E 101-43100-404 Repair/Maint - $18.98 1536-19955 marker lamp and grommet kit E 101-45100-404 Repair/Maint - $5.91 1536019247 Tire Infl & Sealer Total CARQUEST $227.88 17 Check Amt Invoice Comment 10100 Premier Bank Paid Chk# 023924 2/20/2007 CENTER POINT ENERGY E 101-42000-383 Gas Utilities $1,119.20 02-2007 11350 57th Avenue NE E 101-41940-383 Gas Utilities ($0.03) 02-2007 Sales Tax Adjustment E 101-45100-383 Gas Utilities $167A5 02-2007 5801 Lander Avenue NE E 101-41940-383 Gas Utilities $283.02 02-2007 5975 Main Avenue NE E 101-42400-383 Gas Utilities $524.16 02-2007 5954 Main Avenue NE E 101-43100-383 Gas Utilities $1,707.92 02-2007 6461 Maclver 12/21 - 1/24 07 E 601-49450-383 Gas Utilities $969.29 02-2007 6440 Maclver 12-21 - 1/24 07 E 101-41940-383 Gas Utilities $2,343.98 02-2007 5959 Main Avenue NE 12/21 - 1/ Total CENTER POINT ENERGY $7,114.99 Paid Chk# 023925 2/20/2007 CENTRAL MINNESOTA CEILINGS E 482-49300-300 Professional Srvs (GENERAL) $275.00 02-2007 Kitchen Ceiling patch Total CENTRAL MINNESOTA CEILINGS $275.00 Paid Chk# 023926 2/20/2007 CHOUINARD OFFICE PRODUCTS E 101-41400-200 Office Supplies (GENERAL) $61.73 56371 Tax forms and sign inserts Total CHOUINARD OFFICE PRODUCTS $61.73 Paid Chk# 023927 2/20/2007 COURI & MACARTHUR E 468-49000-304 Legal Fees $146.25 02-2007 1-94 E 101-41600-304 Legal Fees $33.75 02-2007 Outlet Mall Exp E 101-41610-304 Legal Fees $37.50 02-2007 Hunters Pass E 101-41600-304 Legal Fees $67.50 02-2007 Edina Dev Bankruptcy E 101-41600-304 Legal Fees $101.25 02-2007 Lachman Avenue E 101-41600-304 Legal Fees $112.50 02-2007 Phil Morris E 101-41610-304 Legal Fees $132.50 02-2007 RR Property Purchase E 101-41000-300 Professional Srvs (GENERAL) $146.25 02-2007 Fraser Steel E 101-41610-304 Legal Fees $270.00 02-2007 Heuring Meadows E 101-41610-304 Legal Fees $637.50 02-2007 Hunters Pass Easement Vac E 101-41600-304 Legal Fees $1,821.25 02-2007 Council, Staff mtgs, ordinance E 468-49000-304 Legal Fees $911.25 02-2007 1 - 94 Ramps E 494-49000-304 Legal Fees $607.50 02-2007 Highway 19 E 604-49660-300 Professional Srvs (GENERAL) $405.00 02-2007 Albert Villas Drainage E 604-49960-300 Professional Srvs (GENERAL) $146.25 02-2007 Drainage E 101-41610-304 Legal Fees $1,387.50 02-2007 Field Plaza 2 Add Total COURI & MACARTHUR $6,963.75 Paid Chk# 023928 2/20/2007 CROW RIVER FARM EQUIPMENT E 101-43100-404 Repair/Maint - $135.02 122588 Weld rods, angle, channel, tub Total CROW RIVER FARM EQUIPMENT $135.02 Paid Chk# 023929 2/20/2007 CROW RIVER NEWS NORTH E 101-41100-351 Legal Notices Publishing $24.60 290506 Comp Plan Amendment E 101-41100-351 Legal Notices Publishing $71.34 290506 Hunters Pass Vac E 101-41100-351 Legal Notices Publishing $79.80 697893 CSAH 19 Road Improve E 101-41100-351 Legal Notices Publishing $36.90 699690 PH Illumination Signs E 101-41100-351 Legal Notices Publishing $39.36 699692 PH Off -Street Parking Total CROW RIVER NEWS NORTH $252.00 Paid Chk# 023930 2/20/2007 DAVIS, JEFF E 101-42000-314 Meals (meetings) $51.51 02-2007 Fire Dept Food for Monthly Mee Total DAVIS, JEFF $51.51 Check Amt Invoice Comment 10100 Premier Bank Paid Chk# 023931 2/20/2007 DJ'S TOTAL HOME CARE CENTER E 101-43100-404 Repair/Maint- $3.18 18921 Washer E 602-49400-407 R/M - Water Mains $20.61 19003 Quickrete Concrete Mix, Brush, E 101-41940-404 Repair/Maint- $25.53 19051 Angle broom, alkln battry, dus E 601-49450-210 Operating Supplies $23.40 19123 Alk Battry, Grease E 101-45100-210 Operating Supplies $115.00 19331 snow pusher, snowpow shovel E 602-49400-210 Operating Supplies $24.11 19376 Elect Tape, Wire Stripper, Uti E 601-49450-210 Operating Supplies $72.40 19568 heat tape E 601-49450-210 Operating Supplies ($2.13) 19569 heat tape return for smaller s E 101-41940-405 Repair/Maint - Buildings $32.42 19593 trash bags, couple, plug Total DJ'S TOTAL HOME CARE CENTER $314.52 Paid Chk# 023932 2/20/2007 DOCUMENT DESTRUCTION SERVICE E 101-41000-300 Professional Srvs (GENERAL) $30.00 108384 1/22 document destruction Total DOCUMENT DESTRUCTION SERVICE $30.00 Paid Chk# 023933 2/20/2007 DON'S AUTO & REPAIR E 101-45100-212 Motor Fuels $43.45 44167 fuel E 101-43100-212 Motor Fuels $53.52 44328 fuel E 101-43100-212 Motor Fuels $55.52 44578 fuel Total DON'S AUTO & REPAIR $152.49 Paid Chk# 023934 2/20/2007 EGGEN'S DIRECT SERVICE, INC. E 101-43100-212 Motor Fuels $42.00 120210 fuel E 101-43100-212 Motor Fuels $46.26 120212 fuel E 101-43100-212 Motor Fuels $40.00 120215 fuel E 602-49400-212 Motor Fuels $73.46 120229 fuel Total EGGEN'S DIRECT SERVICE, INC. $201.72 Paid Chk# 023935 2/20/2007 ELERT & ASSOCIATES E 482-49300-300 Professional Srvs (GENERAL) $405,00 0155353 CH AV November 1 - December 31 Total ELERT & ASSOCIATES $405.00 Paid Chk# 023936 2/20/2007 GOPHER STATE ONE -CALL E 602-49400-209 Locates $108.88 7010152 E 601-49450-209 Locates $108.87 7010152 Total GOPHER STATE ONE -CALL $217.75 Paid Chk# 023937 2/20/2007 HEALTH PARTNERS E 101-41400-131 Employer Paid Health $4,207.60 02-2007 E 601-49450-130 Employer Paid Ins $730.00 02-2007 E 101-41300-131 Employer Paid Health $520,30 02-2007 E 101-41500-131 Employer Paid Health $579.45 02-2007 E 101-45100-130 Employer Paid Ins $732.45 02-2007 E 101-43100-130 Employer Paid Ins $1,445.65 02-2007 E 101-42400-130 Employer Paid Ins $1,822.45 02-2007 E 602-49400-130 Employer Paid Ins $348.70 02-2007 G 101-21706 Group Insurance Payable $2,005.10 02-2007 Total HEALTH PARTNERS $12,391.70 Paid Chk# 023938 2/20/2007 1-94 WEST CHAMBER OF COMMERCE E 101-41100-433 Dues and Subscriptions $15.00 02-2007 Total 1-94 WEST CHAMBER OF COMMERCE $15.00 Paid Chk# 023939 2/20/2007 ICMA E 101-41300-433 Dues and Subscriptions $737.39 02/2007 Total ICMA $737.39 Locates - Water Dept Locates - Sewer Dept Emp Health & Dental Ins Emp Health & Dental Ins Emp Health & Dental Ins Emp Health & Dental Ins Emp Health & Dental Ins Emp Health & Dental Ins Emp Health & Dental Ins Emp Health & Dental Ins Emp Health & Dental Ins emp po January 17 - Tom Fay State of Membership dues 19 Check Amt Invoice Comment 10100 Premier Bank Paid Chk# 023940 2/20/2007 J. P. COOKE COMPANY E 101-41400-200 Office Supplies (GENERAL) $38.69 560469 200 Blue Dog License tags for Total J. P. COOKE COMPANY $38.69 Paid Chk# 023941 2/20/2007 JOEL ANDERSON G 101-22900 Park Rental Deposit Escrow $100.00 02-2007 Deposit refund from room renta Total JOEL ANDERSON $100.00 Paid Chk# 023942 2/20/2007 MENARDS E 482-49300-300 Professional Srvs (GENERAL) $582.87 10143 Storage CH 24" x 96" steel end E 482-49300-300 Professional Srvs (GENERAL) $262.20 11384 Storage CH 4' x 8' 5/8, 97"bea Total MENARDS $845.07 Paid Chk# 023943 2/20/2007 MINNESOTA PCA E 601-49450-208 Training and Instruction $270.00 02-2007 Regis John Middendorf Wastewat E 601-49450-208 Training and Instruction $32.00 02-2007 Sean Vold Class C Total MINNESOTA PCA $302.00 Paid Chk# 023944 2/20/2007 MINNESOTA RURAL WATER ASSOCIAT E 601-49450-208 Training and Instruction $125.00 02-2007 E 601-49450-433 Dues and Subscriptions $200.00 02-2007 Total MINNESOTA RURAL WATER ASSOCIAT $325.00 Paid Chk# 023945 2/20/2007 N. A. C. E 101-41915-306 Planning Fees E 101-41915-306 Planning Fees E 101-41915-306 Planning Fees E 101-41915-306 Planning Fees E 101-41915-306 Planning Fees E 101-41915-306 Planning Fees E 101-41915-306 Planning Fees E 101-41915-306 Planning Fees E 101-41915-306 Planning Fees E 101-41910-306 Planning Fees $202.77 16168 $100.00 16168 $151.00 16168 $304.40 16168 $425.00 16168 $521.80 16168 $597.50 16168 $968.65 16168 $125.00 16168 $875.00 16169 Total N. A. C. $4,271.12 Sean Vold Registration March 2007 - March 2008 Member Niemeyer Trailer Sales LaPetite Day Care Cingular Cell Tower Fields Plaza 2 Prelim/Final PI Outlet mall Trash/Fence/Light Albertville Market Place Hunters Pass Khov Easement Vac Lake Community Bank Signage Berning Station Council, planning, staff mtgs Paid Chk# 023946 2/20/2007 NORTHERN WATER WORKS E 602-49400-250 Meters for Resale $2,278.88 s01066209.0 Meters for Re -sale Total NORTHERN WATERWORKS $2,278.88 Paid Chk# 023947 2/20/2007 ONVOY, INC. E 101-41940-321 Telephone $962.47 07020200924 data network/phone service E 101-42400-321 Telephone $240.62 07020200924 data network/phone service Total ONVOY, INC. $1,203.09 Paid Chk# 023948 2/20/2007 OXYGEN SERVICE COMPANY E 101-43100-215 Shop Supplies $110.81 7148147 Wire Welding Total OXYGEN SERVICE COMPANY $110.81 Paid Chk# 023949 2/20/2007 PAT'S 66 E 101-42000-212 Motor Fuels $53.63 17646 Fire Dept Inv 17646 fuel E 101-42000-212 Motor Fuels $35.50 17721 Fire Dept Inv 17721 E 101-42000-212 Motor Fuels $46.19 17773 Fire Dept Inv 17773 E 101-42000-212 Motor Fuels $46.18 18126 Fire Dept Inv 18126 E 101-42000-212 Motor Fuels $19.42 18238 Fire Dept Inv 18238 Total PAT'S 66 $200.92 20 Check Amt Invoice Comment 10100 Premier Bank Paid Chk# 023950 2/20/2007 PITNEY BOWES E 101-41400-413 Office Equipment Rental $109.00 779620 Equipment Maintenance E 101-41400-322 Postage $45.24 987998 double tape sheets Total PITNEY BOWES $154.24 Paid Chk# 023951 2/20/2007 RC GRADING & EXCAVATING INC E 602-49400-407 R/M - Water Mains $1,882.68 4132 Water main repair Total RC GRADING & EXCAVATING INC $1,882.68 Paid Chk# 023952 2/20/2007 RED'S PORTABLE TOILETS E 101-45100-415 Other Equipment Rentals $92.66 10696 Winter Service Charge E 101-45100-415 Other Equipment Rentals $92.66 10710 Rental -Portable Bathrooms Total RED'S PORTABLE TOILETS $185.32 Paid Chk# 023953 2/20/2007 S & T OFFICE PRODUCTS E 101-42400-200 Office Supplies (GENERAL) $10.09 01BY3383001 Pens E 101-42000-200 Office Supplies (GENERAL) $27.14 0lLM0778 Fire Dept copier paper E 101-41400-200 Office Supplies (GENERAL) $61.81 01 LM0778 pkt files, rollball pens, slas E 101-42400-200 Office Supplies (GENERAL) $2.76 01 LM6865 Stack supports for trays for U E 101-42400-200 Office Supplies (GENERAL) $4.10 01 LM6865 Letter tray for UB Dept E 101-42400-200 Office Supplies (GENERAL) $6.48 01 LM6865 Printable tabs for Bldg Dept Total S & T OFFICE PRODUCTS $112,38 Paid Chk# 023954 2/20/2007 SCHARBER & SONS E 101-45100-404 Repair/Maint - $183,18 371052 Plate & Suitcase Wt Total SCHARBER & SONS $183.18 Paid Chk# 023955 2/20/2007 SHORT ELLIOT HENDRICKSON E 473-49000-303 Engineering Fees $1,028.10 0156415 Prairie Run E 468-49000-303 Engineering Fees $7,600.00 0156693 CSAH 19 ramps Total SHORT ELLIOT HENDRICKSON $8,628.10 Paid Chk# 023956 2/20/2007 SRF CONSULTING GROUP, INC E 494-49000-300 Professional Srvs (GENERAL) $3,187.04 5952-1 CSAH 19 Street Lighting and La Total SRF CONSULTING GROUP, INC $3,187.04 Paid Chk# 023957 2/20/2007 STERLING CODIFIERS, INC. E 101-41400-300 Professional Srvs (GENERAL) $470.00 6556 Supplement #3 (ordinance updat Total STERLING CODIFIERS, INC. $470.00 Paid Chk# 023958 2/20/2007 TINKLENBERG GROUP E 468-49000-300 Professional Srvs (GENERAL) $9,129.54 1342 Consulting fees 1-94 Total TINKLENBERG GROUP $9,129.54 Paid Chk# 023959 2/20/2007 TRI-ANIM HEALTH SERVICES E 101-42000-230 Medical Supplies $98.01 MMH7023691 Fire Dept jumbo duffel -medic E 101-42000-230 Medical Supplies $154.95 MMH7023936 Fire Dept Medical Supplies Spl Total TRI-ANIM HEALTH SERVICES $252.96 Paid Chk# 023960 2/20/2007 TRI-STAR INC E 101-45100-523 C/O - Park Buildings Total TRI-STAR INC Paid Chk# 023961 2/20/2007 VERIZON E 101-42000-321 Telephone Total VERIZON $885.00 39006 Park Building Addition $885.00 $20.37 1623287503 Fire Dept phone in rescue $20.37 21 Check Amt Invoice Comment 10100 Premier Bank Paid Chk# 023962 2/20/2007 WASTE MANAGEMENT E 101-41940-384 Refuse/Garbage Disposal $74.07 1523666-159 Feb 2007 E 601-49450-384 Refuse/Garbage Disposal $49.95 1523666-159 Feb 2007 E 101-41940-384 Refuse/Garbage Disposal $30.72 1523667-159 Feb 2007 Service Total WASTE MANAGEMENT $154,74 Paid Chk# 023963 2/20/2007 WATER LABORATORIES INC E 601-49450-218 Testing Expenses $731.00 02-2007 January 2007 Wastewater test Total WATER LABORATORIES INC $731.00 Paid Chk# 023964 2/20/2007 WRIGHT CTY SHERIFFS PATROL E 101-42110-307 Police Contract Fees $38,142.50 Patrol- 7-2 Feb 2007 Sheriff Patrol Total WRIGHT CTY SHERIFFS PATROL $38,142.50 Paid Chk# 023965 2/20/2007 WRIGHT RECYCLING E 101-43200-308 Recycling Contract Fee $3,710.70 02-2007 January Recycling Total WRIGHT RECYCLING $3,710.70 Paid Chk# 023966 2/20/2007 XCEL ENERGY E 101-43160-381 Electric Utilities $32.07 157011754 12/28/07 - 01/29/07 E 101-43160-381 Electric Utilities $4,931.08 157546778 Electricity E 101-45100-381 Electric Utilities $4.07 157548703 Fire Siren 10820 Kantar Ct E 601-49450-381 Electric Utilities $41.91 99650834 5900 County Road 18 sewer Total XCEL ENERGY $5,009.13 Fund Summary 101 GENERAL FUND 468 CSAH 19 RAMPS/I 94 Project 473 PRAIRIE RUN 482 CITY HALL 2004-5 494 CSAH 19 & 50th St. (South 19) 601 SEWER FUND 602 WATER FUND 604 STORM WATER 10100 Premier Bank $125,903.72 10100 Premier Bank $79,746.67 $17,787.04 $2,162.10 $13,681.51 $3,794.54 $3,397.49 $4,783.12 $551.25 $125,903.72 22 A,lbertville Small Town living. Big City We. TO: Mayor and City Council FROM: Bridget Miller DATE: February 12, 2007 RE: Text Amendments BACKGROUND Staff has noticed that over the last couple of year's the residents moving into Albertville own multiple dogs, meaning more than two. Under Title 6, Chapter 2, Section 1 there is no definition pertaining to a dog kennel for residential pleasure to harboring or owning multiple dogs. 6-2-1: DEFINITIONS: Unless the context clearly indicates otherwise, the words, combination of words, terms, and phrases as used in this chapter shall have the meanings set forth as follows: ANIMAL WARDEN: The person contracted with by the city council, designated as such by the council to perform the duties prescribed by this chapter, as an independent contractor. AT LARGE: A dog is "at large" when it is off the property of the person owning, harboring, or keeping said dog, and it is not under restraint. CITATION: A notice or complaint issue by the animal warden to the owner of any animal apprising said owner of one or more violations of this chapter. COMMERCIAL KENNEL 3° : A place where more than two (2) dogs over six (6) months of age are kept for purposes of breeding, sale, or boarding. DOG KENNEL: Any place, building, tract of land, boat, or vehicle wherein or whereupon dogs are kept, congregated, or confined; such dogs having been obtained from municipalities, dog pounds, dog auction, or by advertising for unwanted dogs, or dogs abandoned or stolen. RECOMMENDATION Authorize City staff to draft a Text Amendment to Title 6, Chapter 2, Section 1 of the 2005 Albertville Municipal City Code for Council review at the March 19, 2007 City Council meeting. 23 This page left blank on purpose. 24 A,lbertville Small 1'eawn Living. Big Cite} We. TO: Mayor and City Council FROM: Bridget Miller DATE: February 12, 2007 RE: Text Amendments BACKGROUND In 2005, the Council adopted the 2005 Albertville Municipal City Code. Since then staff has noticed areas in the City Code that are conflicting with each other. See example below: 5-5-2: SPECIFIC NOISES PROHIBITED: The following acts are declared to be nuisance noises in violation of this chapter, but this listing shall not be deemed to be exclusive: (Ord. 1997-4, 4-15-1997) M. Construction Or Repair Of Buildings: The erection (including excavating), demolition, alteration, or repair of any building between the hours of seven o'clock (7:00) P.M. and seven o'clock (7:00) A.M. on weekdays and all day Sunday except where single individuals or families work on single-family residences owned by them, for their own occupancy; provided, that the building official may, in cases of emergency, grant permission to repair at any time when he finds that such repair work will not affect the health and safety of the persons in the vicinity. N. Equipment Use And Power Hammers: The operation between the hours of nine o'clock (9-00) P.M. and six o'clock (6:00) A.M. of any pile driver, power shovel, pneumatic hammer, jack hammer, derrick, power or electric hoist, or other construction equipment, or other appliance, the use of which is attended by loud or unusual noise. The city administrator may cause exception to this subsection for good cause. (Ord. 1997-4, 4-15-1997; amd. 2005 Code) RECOMMENDATION Authorize City staff to draft a Text Amendment to Title 5, Chapter 5, Section 2 of the 2005 Albertville Municipal City Code for Council review at the March 19, 2007 City Council meeting. 25 This page left blank on purpose. 26 CITY OF ALBERTVILLE COUNTY OF WRIGHT STATE OF MINNESOTA RESOLUTION NO. 2007-14 RESOLUTION TO WRIGHT COUNTY IN SUPPORT OF THE AUTHORIZATION OF THE COMMISSIONER OF TRANSPORTATION TO PERFORM AN ENGINEERING AND TRAFFIC INVESTIGATION TO DETERMINE THE REASONABLE AND SAFE SPEED LIMIT ON THE FOLLOWING WRIGHT COUNTY HIGHWAY: CSAH 18 - From about 0.276 miles west of Kahl Avenue NE, at the west city limits with the City of St. Michael, to just east of Marlow Avenue NE, at the east city limits with the City of St. Michael, approximately 2.429 miles in length. WHEREAS, per MN Statute 169.14, the authority to determine the safe and reasonable speed on a County Highway resides with the Minnesota Commissioner of Transportation, and; WHEREAS, it is in the best interest of all parties to have reasonable and safe speeds posted on County Highways and City Streets, and; WHEREAS, the accepted method to determine the reasonable and safe speed is through an engineering and traffic investigation. NOW, THEREFORE, BE IT RESOLVED, that the City of Albertville hereby approves this resolution to Wright County in support of the authorization of the Minnesota Commissioner of Transportation to perform an engineering and traffic investigation to determine the reasonable and safe speed limit at the above referenced location. NOW, THEREFORE, BE IT FURTHER RESOLVED, that the City of Albertville agrees to support the conclusions of the study, and the implementation of such conclusions. Approved by the City Council of the City of Albertville this 201h day of February, 2007. 27 This page left blank on purpose. 28 POND CONTRUCTION AGREEMENT BETWEEN CITY OF ALBERTVILLE AND INDEPENDENT SCHOOL DISTRICT 885 THIS AGREEMENT, entered into this day of , 2007 by and between the City of Albertville, County of Wright, State of Minnesota referred to herein as "Albertville" and Independent School District 885, hereinafter referred to as "ISD 885"; WITNESSETH: WHEREAS, Albertville is considering undertaking a storm water ponding project pursuant to Minn. Stat. § 429 to alleviate drainage problems in the Albertville Villas subdivisions; and WHEREAS, ISD 885 has previously granted Albertville an option to purchase an easement or fee interest in a parcel of land intended to be used for storm water ponding; and WHEREAS, ISD 885 is preparing to bid for the construction of a new high school on the property where the drainage project is being considered; and WHEREAS, Albertville would like to have ISD 885 include Albertville's proposed pond in ISD 885's bid plans and specifications; and WHEREAS, Minnesota Statute 429.041, subd. 5 allows ISD 885 and Albertville to work cooperatively on a project without requiring both entities to request bids; and WHEREAS, ISD 885 has previously agreed to work cooperatively with Albertville and attempt to coordinate the pond construction with the construction of ISD 885's new high school; and WHEREAS, the purpose of coordinating the projects was to enable Albertville and ISD 885 to bid the excavation work for both projects in one bid, with Albertville paying the portion of the bid to cover additional costs associated with the storm water pond. NOW, THEREFORE, IT IS HEREBY AND HEREIN MUTUALLY AGREED, in consideration of each party's promises and considerations herein set forth, as follows: 1. Bidding: ISD 885 agrees as part of its bid plans and specifications for its proposed new high school to include an alternate bid which includes a requirement to build a storm water drainage pond ("Pond") to the specifications shown in those plans and specifications prepared by 29 and dated , 2007, as on file with Albertville's City Clerk. ISD 885 shall require that the alternate bid for Albertville's Pond remain open for 90- days after ISD 885 opens the bids. 2. Acceptance: Immediately upon opening and tabulating such bids, ISD 885 will forward the bids to Albertville and indicate which bid it considers to be the lowest responsive bid from a responsible bidder. Within ninety days after bid opening, Albertville shall inform ISD 885 in writing whether or not to accept the alternate bid for the Pond. If Albertville requests ISD 885 to accept the alternate bid, ISD 885 shall accept such bid, provided ISD 885 finds the remainder of such bid acceptable. ISD 885 reserves the right to reject all bids for any reason whatsoever. 3. Payment: If the alternate bid is accepted, Albertville agrees to pay ISD 885 the difference between the alternate bid and the cost of the base bid. Progress payments shall be made from Albertville to ISD 885 concurrent with and in the same amounts as pay requests from the contractor for such Pond work are approved by ISD 885. 4. Payment of Additional ISD 885 Expenses. Albertville shall reimburse ISD 885 for all reasonable expenses it incurs in reviewing Albertville Pond plans, modifying its engineering plans and specifications to accommodate Albertville's Pond, any additional engineering, inspection and staking costs related to the Pond should it be constructed, and any additional costs it incurs as a result of including the alternate Pond bid in its bid packet. Inspection of Ponding. In the event the pond is constructed, ISD 885 shall have its engineer inspect the Pond construction as necessary to ensure that the Pond is constructed properly. However, Albertville's engineer shall have the right to inspect the construction of said Pond as he deems necessary (at Albertville's expense). In the event Albertville's engineer believes that the Pond is not being constructed according to the plans and specifications referred to herein, ISD 885's engineer and Albertville's engineer shall meet to discuss the issue and shall jointly determine whether the construction is in accordance with said plans and specifications, and if it is not in accordance, both engineers shall jointly work with the contractor, and as necessary, with ISD 885 and Albertville to resolve the issue to the satisfaction of ISD 885 and Albertville. 6. Integration Clause, Modification by Written Agreement Only. This Agreement represents the full and complete understanding of the parties and none of the parties is relying on any prior agreement or statement(s), whether oral or written, with the exception of that agreement between the parties recorded as document number 1010260 in the Wright County Recorder's Office, Wright County, Minnesota. In the event of a conflict between the terms of this Agreement and those in document number 1010260, the terms of this Agreement shall control, and to the extent possible, the parties intend for this Agreement and document number 1010260 to be read together in a consistent manner. Modification of this Agreement may occur only if in writing and signed by a duly authorized agent of all parties. 7. Severability. If any portion, section, subsection, sentence, clause, paragraph or phrase of this Contract is for any reason held invalid by a Court of competent jurisdiction, such decision shall not affect the validity of the remaining portion of this Contract tul 8. Notification Information. Any notices to the parties herein shall be in writing, delivered by hand (to the City Clerk for Albertville) or registered mail addressed as follows to the following parties: City of Albertville c/o City Clerk P.O. Box 9 Albertville, MN 55301 Telephone: (763) 497-3384 Independent School District 885 c/o Superintendent St. Michael -Albertville Senior High School 11343 50th St. NE Albertville, MN 55301 Telephone: (763) 497-2192 9. Agreement Effect. This Agreement shall be binding upon and extend to the representatives, heirs, successors and assigns of the parties hereto. 10. Jointly Drafted Agreement. For purposes of interpreting this Agreement, both parties shall be deemed to have jointly drafted this Agreement. CITY OF ALBERTVILLE, By Its Mayor By Bridget Miller, Its Clerk INDEPENDENT SCHOOL DISTRICT 885 in Its: Superintendent 31 STATE OF MINNESOTA ) ) ss. COUNTY OF WRIGHT ) The foregoing instrument was acknowledged before me this day of , 2007, by Ron Klecker 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 , 2007, by Bridget Miller, 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. Notary Public STATE OF MINNESOTA ) ss. COUNTY OF WRIGHT ) The foregoing instrument was acknowledged before me this , 2007, by as School District 885. Notary Public DRAFTED BY: Couri, MacArthur & Ruppe PLLP P.O. Box 369 705 Central Avenue East St. Michael, MN 55376 (763)497-1930 day of of Independent 32