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2007-05-21 CC PacketA,lbertville sw,M Toum urrvl&. Ng C+w uf.. ALBERTVILLE CITY COUNCIL AGENDA MAY 21, 2007 7:00 PM 1. PLEDGE OF ALLEGIANCE 2. CALL TO ORDER — ROLL CALL — ADOPT AGENDA 3. MINUTES A. May 7, 2007 regular City Council minutes (pgs. 3-14) B. May 8, 2007 annual Board of Review minutes (pgs. 15-18) 4. CITIZEN FORUM — (10 Minute Limit) 5. CONSENT AGENDA A. Approve payment of claims check numbers 024258 to 024313 (pgs. 19-25) B. Approve Bonestroo City Engineer's recommendation for Payment No. 11 to Brietbach Construction in the amount of $130,664.35 for City Hall construction (pgs. 27-29) C. Approve Bolton & Menk, Inc. City Engineer's recommendation for Payment No. 8 and Final for 2003-CSAH 19 Upgrade to Knife River Company in the amount of $16,319.3 5 (pg. 31) D. Approve application for 3.2 Malt Liquor License for the Titan's for the Annual Softball Tournament at Central -City Park on June 2, and June 3 6. ACTION ON PULLED CONSENT ITEMS 7. I-94 WEST CHAMBER OF COMMERCE - UPDATE ON I-94 INTERCHANGE PROMOTION AND THE CHAMBER'S TRIP TO WASHINGTON (Kathleen Poate) 8. PUBLIC HEARING A. Approve Resolution No. 2007-xx entitled Resolution of the City Council of the City of Albertville, Minnesota Authorizing the Issuance, Sale, and Delivery of its Revenue Bonds Under Minnesota Statutes, Chapter 462C, as Amended, and a Trust Indenture; Authorizing the Loan of the Proceeds of the Revenue Bonds to Group for Affordable Housing — Albertville, LLC to Refinance a Housing Project for Seniors and Finance Improvements to a Housing Project for Seniors; Approving the Form of and Authorizing the Execution and Delivery of the Revenue Obligations and Related Documents; and Providing for the Security, Rights, and Remedies with Respect to the Revenue Obligations (pgs. 33-40) 9. DEPARTMENT BUSINESS A. Public Works Department 1). Public Works Committee discussion on 2007 Mosquito Control (no action needed) (pg. 41) B. Building Department 1). Discussion on Amending the 2005 Albertville Municipal City Code pertaining to 1306 Fire Sprinkler Options (pgs. 43-57) a. Approve Ordinance No. 2007-xx entitled an Ordinance Amending the 2005 Albertville City Code Relating to Adoption of the Building Code C. Finance Department D. City Clerk E. Planning and Zoning 1). Approve Ordinance No. 2007-xx entitled an Ordinance Amending Appendix A, Chapter 200, Chapter 2300, and Chapters 3100 — 4850 Relating to Specific the Keeping of Animals within the City of Albertville (pgs. 59-66) 2). Approve Ordinance No. 2007-xx entitled an An Ordinance Amending Section 10-7-8 of Chapter 7 Relating to Permitted Business Signs (pgs. 67-69) F. Engineering 1). Approve Resolution No. 2007-xx entitled a Resolution Awarding the Contract for the 2007 Seal coating Bid (pgs. 71-73) G. Legal H. City Council I. Administration 10. ADJOURNMENT 2 A�Ibcrtvillc snKA Town tk*Ki. Bic 0tv ur.. ALBERTVILLE CITY COUNCIL May 7, 2007 MINUTES Albertville City Hall 7:00 PM PRESENT: Mayor Ron Klecker, Council members Dan Wagner, John Vetsch, LeRoy Berning, and Tom Fay, City Planner Al Brixius, Assistant City Engineer Adam Nafstad, City Attorney Mike Couri, City Administrator Larry Kruse, Finance Director Tina Lannes, Building Official Jon Sutherland, Wastewater Treatment Plant Superintendent John Middendorf, Public Works Supervisor Tim Guimont, City Attorney Jason Kuboushek and City Attorney Paul Reuvers, City's representatives on the Gold Key Litigation, Jennifer Thienes and Amy Stahlback KDV Auditors, and City Clerk Bridget Miller ABSENT: none 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 Wagner, seconded by Council member Berning to approve the agenda as amended: Placing items listed below for Council approval following the 2006 Audit presentation by KDV: 5.1). Approve Resolution No. 2007-xx entitled a Resolution Transfer Funds 5.E. Approve Resolution No. 2007-xx entitled a Resolution Designate WAC Funds 5.F. Approve Resolution No. 2007-xx entitled a Resolution Designate General Funds 5.G. Approve Resolution No. 2007-xx entitled a Resolution Closing Certain Funds 5.H. Approve Resolution No. 2007-xx entitled a Resolution Amending the Official Depositories Adding: 5.I. Approve Application for Exempt Permit for the STMA Blue Line Hockey Booster Club to sell Raffle Tickets during Albertville Friendly City Days. Motion carried unanimously. MINUTES MOTION BY Council member Fay, seconded by Mayor Klecker to approve the Monday, April 16, 2007 regular City Council minutes as presented, and on file in the office of the City Clerk. Motion carried unanimously. MOTION BY Council member Berning, seconded by Mayor Klecker to approve the Monday, April 23, 2007 Special City Council minutes (approval of One -day 3.2% Malt Liquor License) as presented, and on file in the office of the City Clerk. Motion carried unanimously. MOTION BY Council member Vetsch, seconded by Council member Fay to approve the Monday, April 23, 2007 Special City Council minutes (Albert Villas public hearing) as presented, and 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. The residents that were present during the Citizen Forum did not have any issue or concern to discuss with the Council. CONSENT AGENDA MOTION BY Council member Vetsch, seconded by Mayor Klecker to approve the consent agenda pulling check number 024207. A. Approve payment of claims check numbers 024189 to 024252 B. Set Monday, June 18, 2007 at 7:00 p.m. or soon thereafter as a continued Public Hearing for Fraser Steel Tax Increment Financing (TIF) District 13, which was originally set for Monday, June 4, 2007 C. Set Monday, May 21, 2007 at 7:00 p.m. or soon thereafter as a Public Hearing for the Issuance of Revenue Refunding Bonds Under Minnesota Statutes, Chapter 462C, as amended to Refinance a Multi -Family Rental Housing Development and Finance Additional Improvements to the Multi -Family Rental Housing Development Motion carried unanimously. ACTION ON PULLED CONSENT ITEMS Check number(s) 024207 Council questioned the check to Dascom as to whether the work was included in the City Hall construction or if this was separate. E Finance Director Lannes informed the Council this was part if the original bid for the Council Chamber cabling/network. MOTION BY Council member Berning, seconded by Mayor Klecker to approve check number 024207 in the amount of $23,632.35 payable to Dascom for installation, engineering, network for the new City Hall Council Chamber. Motion carried unanimously. 2006 AUDIT — Kern, DeWenter, Viere (KDV) Jennifer Thienes with Kern, DeWenter, Viere (KDV) brought to the Council's attention there were two items included in the Council packet. There should have been a Management Letter and an Audited Financial Statements. Thienes went on to report that KDV has audited the accompanying financial statements of the governmental activities, business -type activities, each major fund and the aggregate remaining fund information of the City of Albertville as of and for the year -ended December 31, 2006. These financial statements are the responsibility of the City's management. KDV's responsibility is to express opinions on these financial statements based on our audit. Thienes stated that KDV conducted the audit in accordance with U.S. generally accepted auditing standards and the standards applicable to financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States. Thienes went on to explain that the bar has been raised for these Government Auditing Standards. Even though the procedures with the Albertville staff have changed over the past two -years with internal control accounting, there is a significant deficiency in the area of control deficiency, or combination of control deficiencies, that adversely affects the City's ability to initiate, authorize, record, process or report financial data reliably in accordance with U.S. generally accepted accounting principles such that there is more than a remote likelihood that a misstatement of the City's financial statements that is more than inconsequential will not be prevented or detected by the City's internal control. Thienes reviewed with the Council the Material Weaknesses report that can be found on page 6, as well as the Significant Deficiencies report that is found on page 7, and the Control Deficiencies report found on page 9, all of these reports are in the Management Letter. Thienes recommended that staff could contract out with an accounting firm to accomplish some of the tasks noted in these reports. Amy Stahlback with KDV reviewed the financial graphs, which can be found on pages I 1-20 within the Management Letter. Stahlback touched briefly on the General Fund revenues noting there was an increase from 2005 to 2006, which was primarily a result in an increase in levy. There was a decrease in licenses, permits, and a decline in development activity in 2006, which affects General Fund revenues. Stahlback went on to explain that expenditures increased from 2005 to 2006, which is due to the purchase of a new fire truck as well as increased projects in the public works department account for the increase in expenditures. Stahlback summarized that overall, expenditures exceeded revenues and net transfers out in 2006, resulting in a decrease in fund balance. Mayor Klecker asked the members of the Council if they had any questions for the auditors. Council member Vetsch asked about the five (5) bullets found on page 7 of the Management Letter pertaining to segregated duties inquiring how many employees would be needed to meet the necessary acquirements. City Administrator Kruse commented stating that other municipalities, as well as Albertville, have had the ability to handle the finances in the past. With the GASB 34 implementation and additional Accounting changes, they are experiencing difficulty meeting the new Accounting Standards. Kruse went on to explain that the other municipalities are considering the potential of hiring an accounting firm or additional staff. Council member Berning inquired who the Board is that is making the changes. Thienes reported the board is known as the Government Accounting Standards Board; otherwise known as GASB 34, which follows the rules and guidelines of Government Accounting Principles (GAP). Thienes brought to the Council's attention that there is a group known as the Government Finance Officers Association (GFOA) that has come to the conclusion regarding the detailed accounting standards and has written a letter to the State asking them to stop with the additional GASB 34 reporting needs. Additional discussion ensued regarding the Audit and the GASB 34 reporting to the GAP. DEPARTMENT BUSINESS PUBLIC WORKS DEPARTMENT General Update Public Works Supervisor Guimont reported that the crack filling for the 2007 Season has been completed successfully. Staff held off on the joint purchase with the City of St. Michael on a router. Other factors came up and the City of St. Michael decided against the purchase. The ballfields are ready for the 2007 Softball or Baseball season. Staff continues to stay busy with mowing and or maintenance throughout the City. Request for Council Action to install fencing along the west side of the soccer field at Linwood Park Public Works Supervisor Guimont reported that the Parks and Recreation Committee recommend installing a 4-foot high chain link fence along the Linwood Avenue NE street way of Linwood Park. It was brought to a Parks Committee member's attention that the balls roll out into the street and the residents would like to prevent an accident. MOTION BY Council member Berning, seconded by Council member Vetsch to approve the Request for Council Action for Countryside Fence to install 270' of hunter green chain link fencing along the west side of the soccer field located at Linwood Park at a cost not to exceed $2,970 using funds from Parks Department Account. Motion carried unanimously. WASTEWATER TREATMENT PLANT Request for Council Action to plant Reed Beds in Number 7 Wastewater Treatment Plant Superintendent Middendorf began by informing the Council that the City has been receiving a number of complaints regarding the foul odor coming from the Reed Beds. Middendorf hopes that the Reed Beds fill -out in 2007, which should take care of the odor in Spring 2008. Middendorf went on to report that the City has planted six (6) of the seven Reed Beds. Reed Beds Systems planted the previous beds, which appear to be growing well. Reed Beds Systems did not give a quote on Option B, because Reed Beds was not interested in Option B. MOTION BY Council member Berning, seconded by Council member Fay to approve the Request for Council Action to accept the quote from Reed Bed Systems, Inc. to install Reed Bed Number 7, provide the City with plant care instructions, follow-up with site visits, replace failing plant at a cost not to exceed $4,000, using funds from the Wastewater Fund -Sludge Removal Account. Motion carried unanimously. BUILDING DEPARTMENT Report on 2007 Building Permit Revenue Projection Building Official Sutherland reviewed the memo and reports that were included in the Council packet stating that the permit revenue appears to be low because of the considerable amount of foreclosure activity within Albertville and other communities. Sutherland brought to Council's attention that in 2003 and 2005 permit activity was high due to storm damage repair. Sutherland reported that the Year -to -Date permits issued are 156 at a valuation total of $2,261,301. Sutherland's 2007 Permit Revenue best estimate is $375,000, but permit activity has slowed down; therefore the projections are down. Mayor Klecker wanted to inform the Council and others that the City received a letter thanking Mr. Sutherland, Ms. Leonhardt, and the Albertville Fire Department for bringing it to the attention of the appropriate authority the gas potential at a new residential construction site within the Albertville city limits. Sutherland noted that there are a number of other new residential permits that have been pulled in 2006, which the basements or foundations have been constructed. There has been no further building activity on these homes, which could be a safety concern of the City's. Staff has taken 7 the initiative to notify the owner or builder to put a snow fence in place to prevent a potential accident. FINANCE DEPARTMENT Action Taken on Post Audit Resolutions 5.1). Approve Resolution No. 2007-xx entitled a Resolution Transfer Funds 5.E. Approve Resolution No. 2007-xx entitled a Resolution Designate WAC Funds 5.F. Approve Resolution No. 2007-xx entitled a Resolution Designate General Funds 5.G. Approve Resolution No. 2007-xx entitled a Resolution Closing Certain Funds 5.H. Approve Resolution No. 2007-xx entitled a Resolution Amending the Official Depositories MOTION BY Council member Fay, seconded by Council member Wagner to approve Resolution No. 2007-xx entitled a Resolution Transfer Funds, Resolution No. 2007-xx entitled a Resolution Designate WAC Funds, Resolution No. 2007-xx entitled a Resolution Designate General Funds, Resolution No. 2007-xx entitled a Resolution Closing Certain Funds, amending Resolution No. 2007-xx entitled a Resolution Amending the Official Depositories to include Lake Community Bank of Albertville, and on file in the office of the City Clerk. Motion carried unanimously. Accounts Receivable Update - Project Status Update - Development Update Finance Director Lannes informed the Council that total accounts receivable for April 2007 is $55,661.92. The majority of 90 days outstanding are due from Shoppes at Towne Lakes, the litigations with Edina Development and Gold Key, and other miscellaneous accounts, which will be assessed, if necessary, in November 2007 if payment is not received. Lannes asked if the Council had any questions or concerns regarding the Project Update. Hearing no questions or concerns, Lannes went on to report on the Developer Fees per Council request. Staff was to project revenues expected by year end 2007 for Development fees. Lannes expected $108,500 for revenue for 2007 known projects. Set dates for 2008 Budget Workshop meetings Finance Director Lannes asked the Council if they would set the dates of July 30, 2007 as the first City Council Budget Workshop, if necessary set August 13, 2007 as a second date to continue any discussion on the 2008 Budget. Council member Berning noted that July 30, 2007 was set for a joint STMA School and City of St. Michael meeting. City Clerk Miller informed the Council that it was brought to the attention the STMA School is not in session; therefore the School would not be in attendance. MOTION BY Council member Berning, seconded by Council member Vetsch to set the following dates of Monday, July 30, 2007 at 6:00 p.m., continued on Monday, August 13, 2007 at 6:00 p.m. for the 2008 Budget Workshop meetings that will be held at City Hall. Motion carried unanimously. Council member Vetsch stated that he would like to review the health insurance and other employee related benefits during the Budget workshops. City Clerk City Clerk Miller did not have items to report on during the meeting. PLANNING AND ZONING City Planner Brixius did not have items to report on during the meeting. ENGINEERING Approve Resolution No. 2007-xx entitled a Resolution Approving the Winter Park Layout Assistant City Engineer Nafstad reported that in January 2007 Bolton & Menk, Inc. consultants prepared plans and specifications for the Winter Park municipal improvements. Staff is looking for Council approval for the proposed Winter Park and Ordering Advertisement for bids. Assistant City Engineer Nafstad brought to Council's attention that within the parking lot there were a couple of bump outs for landscaping. Council members would like the bump outs to be removed to minimize the amount of time staff would spend removing snow. After further discussion, Council wanted to consider removal of the sidewalk that runs east — west along the south side of the parking lot, that abuts Winter Park. Assistant City Engineer Nafstad wanted to make sure that Council knew that items not included in the park are playground equipment, fencing, and trees. MOTION BY Council member Wagner, seconded by Council member Fay to approve Resolution No. 2007-xx entitled a Resolution Approving the Winter Park Layout with the City Council recommendations, which includes all alternates for flexibility of the park layout. Motion carried unanimously. 6 LEGAL Set a date for a Public Hearing for an Easement on MacKenzie Avenue NE located within the Barthel Industrial Addition City Attorney Couri asked Council to set a date for a Public Hearing for a Vacation of Easements on MacKenzie Avenue NE located within the Barthel Industrial Park Addition. The easements needed to vacate are those along the cul-de-sac. MOTION BY Council member Fay, seconded by Council member Wagner to approve to set Monday, June 4, 2007 at 7:00 p.m. or soon thereafter to hold a Public Hearing at the City Hall to vacate the easements on MacKenzie Avenue NE located within the Barthel Industrial Addition. Motion carried unanimously. Approve Resolution No. 2007-xx entitled a Resolution Ordering Stormwater Ponding Improvement City Attorney Couri reported that City Council has received and approved the Stormwater Ponding Feasibility Study for the construction of the Stormwater retention pond designed to alleviate flooding in the Albert Villas subdivision. Staff is looking for Council approval on Resolution No. 2007-xx, which is a Resolution Ordering the Stormwater Ponding Improvement. MOTION BY Council member Wagner, seconded by Mayor Klecker to approve Resolution 2007-xx entitled a Resolution Ordering the Stormwater Ponding Improvement within the St. Michael city limits. Motion carried unanimously. Approve Resolution No. 2007-xx 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 informed the Council the next Resolution for review is 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. Couri went on to state providing that proceeds of tax-exempt bonds used to reimburse prior expenditures will not be deemed spent unless certain requirements are met; and the City expects to incur certain expenditures, which may be financed temporarily from sources other than bonds, and reimbursed from the proceeds of a bond. MOTION BY Council member Wagner, seconded by Council member Beming to approve Resolution No. 2007-xx 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. Motion carried unanimously. 10 Approve Resolution No. 2007-xx entitled a Resolution Approving the Stormwater Ponding Agreement between the City of Albertville and the City of St. Michael and Stormwater Ponding Agreement City Attorney Couri informed the Council the next resolution for approval deals with approving the Stormwater Ponding Improvement Agreement. Couri reviewed with the Council that they have approved and ordered a project for the construction of a Stormwater retention pond located within the St. Michael city limits, which is designed to alleviate flooding in the Albert Villas subdivision. The City of St. Michael requires the City of Albertville to enter into an agreement related to said Stormwater ponding as a condition of the issuance of a conditional use permit for the pond. The City of Albertville has reached an agreement with the Independent School District 885 (ISD 885) regarding the construction of the Stormwater Ponding Improvement. Couri briefly reviewed the Stormwater Ponding Agreement between the City of Albertville and the City of St. Michael. Couri noted the agreement summarizes the previous negotiations that Albertville and St. Michael had prior to the Official Stormwater Ponding Agreement. Council discussed Item E. of the Pond agreement dealing with the maintenance of the Pond by removing the accumulated sediment at least once every ten years, which will be maintained by the City of Albertville. Council inquired the location and length of the road that would be constructed for better access to maintain the pond property. There was further discussion between the Council and staff regarding Item G. of the agreement, which mainly dealt with the costs associated with the construction and or re- construction of the Stormwater Pond and allowing the Pond property to be specially assessed. MOTION BY Council member Fay, seconded by Council member Wagner to approve Resolution No. 2007-xx entitled a Resolution Approving the Stormwater Ponding Agreement contingent upon the St. Michael City Council approval on the Conditional Use Permit, which is scheduled for approval on the May 8, 2007 by the St. Michael City Council. Motion carried unanimously. Approve Resolution No. 2007-xx entitled a Resolution Accepting Alternate Bid City Attorney Couri stated the next resolution for Council approval deals with accepting the alternate bid. The resolution authorizes and requests ISD 885 to accept the alternate bid no. 1 of Frattalone Construction in the amount of $157,000, contingent upon the City 11 of St. Michael and the City of Albertville executing that certain agreement titled "City of Albertville — City of St. Michael — Stormwater Ponding Agreement". MOTION BY Council member Wagner, seconded by Council member Berning to approve Resolution No. 2007-xx entitled a Resolution Accepting the STMA School District's Alternate Bid for the Stormwater Ponding Improvement contingent upon the St. Michael City Council approval on the Conditional Use Permit submitted by the City of Albertville, which is scheduled for approval on the May 8, 2007 by the St. Michael City Council. Motion carried unanimously. Approve the Exercise Option to Purchase Property from ISD 885 Pursuant to April 19. 2006 Option Agreement City Attorney Couri reviewed the last resolution regarding the Stormwater Ponding Improvement Project. The resolution is informing that Albertville's City Council hereby authorized Albertville City staff to exercise the City's option to purchase property in fee simple estate from ISD 885 pursuant to that certain agreement titled "Option and Utility Services Agreement Between City of Albertville and Independent School District 885" dated April 19,2006, contingent upon the City of St. Michael and the City of Albertville executing that certain agreement titled "City of Albertville — City of St. Michael — Stormwater Ponding Agreement" as approved by the Albertville City Council. MOTION BY Council member Wagner, seconded by Mayor Klecker to approve the Exercise Option to Purchase Property from ISD 885 Pursuant to April 19, 2006 Option Agreement contingent upon the St. Michael City Council approval on the Project Plans, which is scheduled on the May 8, 2007 St. Michael City Council agenda. Motion carried unanimously. CLOSED SESSION (Update on Gold Key - Prairie Run Litigation) MOTION BY Council member Wagner, seconded by Mayor Klecker to close the regular City Council meeting at 9:10 p.m. to go into a closed session to discuss the Gold Key -Prairie Run Litigation. Motion carried unanimously. MOTION BY Council member Berning, seconded by Council member Fay to reconvene the regular City Council meeting at 10:00 p.m. Motion carried unanimously. 12 ADMINISTRATION Written Report City Administrator Kruse reviewed the general update with the City Council informing the Council that most of the City Hall punch list items have bee completed. Kruse went on to inform the Council that the rental of the various rooms is getting very busy. Kruse briefly touched on the other items in the report, which included the Railroad Property, rental of the 5975 Main Avenue NE City building and allowing FYCC the use of office space at 5964 Main Avenue NE. Council discussed with staff as to how much the City is charging non-profit organizations. Staff reported non-profit organizations are allowed one -free meeting a month, additional usage would be 50% of the normal residential rate for the room rented. Following the discussion on non-profit room rental procedures, Council directed staff to place a sign on the old Public Works/Building Department facility advertising to lease. It was the consensus of the Council to allow the non-profit groups to have one -free room rental on a larger room(s) and an additional three (3) times in the conference rooms per month. Last item Kruse wanted to discuss was setting a City Council workshop to review Employee Performance Reviews along with consultant evaluations. Council set the date of Tuesday, May 29, 2007 beginning at 7:00 p.m. as a City Council Workshop to review Employee Performance Reviews and to conduct Consultant Evaluations. Mayor Klecker brought to staff s attention the May Joint Powers Water Board meeting was re- scheduled to Wednesday, May 30, due to the fact that the regular fourth Monday is a Holiday. CSAH 19 NORTH There was discussion on the fact that a Developer would like access to CSAH 19 from 68th Street NE within the Shoppes at Towne Lakes subdivision. It was noted that the only way to obtain access would be to install a raised median, which is estimated to cost $500,000. Assistant City Engineer Nafstad felt that as an interim proposal is not cost-effective. Assistant City Engineer Nafstad will prepare a CSAH 19 North proposal to update an earlier feasibility study regarding the consideration of an interim raised median and/or a long-term improvement for CSAH 19 from 671h Street NE to 70th Street NE at no charge. Downtown Parking Project Soil Borings City Administrator Kruse reported that in April 2007 the City finalized the purchase of three (3) parcels of railroad land abutting Main Avenue NE. Since the purchase, staff has been working with Deb Holms, owner of the 152 Club, and Curt Gentile, owner of Geez Sports Bar, on a land 13 swap that would benefit them and other downtown business owners as well. Staff is looking for Council to authorize staff to contract with Braun to complete soil borings for the Downtown Parking lot at a cost not to exceed $5,000, which Council member Vetsch suggested at a previous Council meeting. MOTION BY Council member Wagner, seconded by Mayor Klecker to authorize staff to contract with Braun to complete soil borings for the Downtown Parking lot at an estimated cost not to exceed $5,000 with funds being capitalized into the final Downtown Parking Lot Project. Motion carried unanimously. Downtown Parking Project Land Appraisals City Administrator Kruse informed the Council along with the land swap with the 152 Club and Geez Sports Bar, the two business owners wanted appraisals done to determine a fair and equitable land exchange. Staff is looking for Council to authorize staff to contract with BKRW Appraisals to appraise the land exchange for the Downtown Parking lot with a cost not to exceed $4,000. MOTION BY Council member Wagner, seconded by Mayor Klecker to authorize staff to contract with BKRW Appraisals to appraise the land exchange for the Downtown Parking lot at an estimated cost not to exceed $4,000 with funds being capitalized into the final Downtown Parking Lot Project. Mayor Klecker, Council members Wagner, Beming, and Fay voting aye. Council member Vetsch opposed. ADJOURNMENT MOTION BY Council member Fay, seconded by Council member Berning made at 11:20 p.m. to continue the regular May 7, 2007 City Council meeting to Wednesday, May 9, 2007 to begin at 6:00 p.m. or soon thereafter. Motion carried unanimously. 14 A,lbertville SnmN Town uvinp. fliq City Ufa. ALBERTVILLE BOARD OF REVIEW May 8, 2007 MINUTES Albertville City Hall 5:30 PM PRESENT: Mayor Ron Klecker, Council members Dan Wagner, John Vetsch, LeRoy Berning, and Tom Fay, Wright County Commercial Assessor Tony Rasmussen, Wright County Residential Assessor Wally Peterson, Wright County Assistant Property Assessor Jeannie Bresin, and City Clerk Bridget Miller ABSENT: City Administrator Larry Kruse Mayor Klecker called the Albertville Board of Review meeting to order at 5:30 p.m. Mayor Klecker turned the meeting over to Wright County Assessor Peterson. Wright County Assessor Peterson reviewed the packet of information that was distributed to the Board members. Peterson explained to the Board how the tax market value process works by stating that each year estimated market values are analyzed, along with sales data for the City of Albertville. Appropriate adjustments for each property and each class of property are made based on the results of the sales study. This study ran from October 1, 2005, through September 30, 2006. It is the sales that take place during this time period that determines assessed market values for January 2, 2007. Sales that take place after the sales study is complete reflect current market conditions and will be used for the 2008 assessment. Peterson went on to explain that residential property valuations, whether up, down or remaining the same are the result of 136 sales used in the sales ratio study. (Assessed value divided by sale price equals sales ratio). The time adjusted sales ratio for the City of Albertville, for the 2007 assessment year was 92.72%. The State of Minnesota requires taxable values to be at 100 percent of market value with an allowable range of 90 to 105 percent of selling price. The ratio, following any changes for the 2007 assessment is 93.85%, up approximately 1%. Residential land and a majority or home values remained the same for the 2007 assessment. Town -home valuations were reduced as a result of market conditions. Neighborhoods that were reviewed during the summer of 2006 may have experienced mixed valuations (up, down or remained the same). The changes are the result of reviewing properties and equalization that normally takes place during the review process. Review Area: (Plats 47, 51, 53, 54, 55, 56, 57, 58, 61, 62, 63, 68 & 73). 15 Median appraised value for 2006 $190,200 Median appraised value for 2007 $205,550 Median sale price for 2006 $218,000 Median sale price for 2007 $224,250 Current sales The sales that have taken place since October 1 st, 2006 through April 23rd, 2007 show the residential sales ratio currently at 92.5%. The sales ratio typically goes down as more sales come in during the year. These sales will be used in the 2008 assessment. Median assessed value of these properties: $219,100 Median sale price since October 1, 2006: $236,800 (50 sales used in current study) Wright County Assessor Rasmussen reminded the Board and those present in the audience the purpose of the meeting tonight is to review or amend the 2007 Property Value, which the County will use to calculate the 2007 Property Taxes that are payable in 2008. The Board or the County cannot amend or adjust previous year's values. Following the process and the purpose information, Wright County Assessor Peterson called the first resident, Michael Potter, to the podium. Mr. Potter, property identification number 101-800-066200, asked the Assessor to review the way taxes are calculated. Potter has a 16-acre parcel, which is unplatted and has no sewer access. Wright Cty. Assessor Rasmussen informed Mr. Potter that the 16-acre parcel is being taxed at fair market value for unplatted land that is zoned B-3 District, which is Highway Commercial. The Board, along with the Wright County Assessors, continued to discuss the valuation of Mr. Potter's 16-acre property. The Board inquired if there were other properties within the Albertville city limits that could be used as a comparison with Mr. Potter's property. Wright Cty. Assessor Rasmussen stated there are other properties that the County could review to compare the fair market value. Rasmussen reported others are valued anywhere from $1.92 to $2.00 a square -foot. Board members stated that the City could not go down much more than $1.92 per square -foot. Mayor Klecker asked the Board if there was a motion to lower the value from $2.00 per square - foot to $1.92 per square -foot. There was no motion to lower the value. It was the consensus of the Board to leave the value set by the Wright Cty. Assessor. The Board directed the Wright Cty. Assessor to conduct a more extensive research on other property within Albertville to compare the market value of Mr. Potter's property with those found and report back to the Board (City Council) at a future meeting. 16 Wright County Assessor Peterson reported the next resident that wanted to speak before the Board is David Alstad. David Alstad, property identification number 101-081-002210, wanted the Wright County Assessor and the Board to consider lowering the property value. Mr. Alstad noted that previous year's value appeared to be within the fair market value compared to the recent notice. Wright County Assessor Peterson stated that he visited the property prior to the meeting. Peterson noted that Mr. Alstad was in the process of finishing off the basement. Peterson inquired when Mr. Alstad pulled a permit to finish the basement. Mr. Alstad reported he pulled an electrical permit, which he had a final inspection done. Peterson informed the Board that he had not appraised the home since it was built. After visiting the site today, Peterson lowered the value from $378,000 down to $365,000, which appeared to be within the fair market value compared to other homes in the area. Mayor Klecker asked the Board what their intention or concerns were for Mr. Alstad, whether to accept the re -appraised value of $365,000 or to lower it more. It did not seem appropriate for the Board to lower the value more than what the Wright County Assessor recently valued it at. No motion was made to lower the value of Mr. Alstad's property; therefore, it was the consensus of the Board to leave the value of $365,000 set by the Wright Cty. Assessor. Wright County Assessor Peterson asked Mike Leuer and Ralph Munsterteiger to the podium. Mr. Leuer informed the Board that Mr. Munsterteiger and himself own approximately 11-12 acres along CSAH 19, property identification number 101-079-000010. It is zoned and classified as Commercial property. They have been monitoring the value of the land over the past couple of years and noticed a considerable increase on the 2007 Property Tax Statement. Mr. Leuer asked if the Board would consider re -zoning the property to agriculture. The lot is basically vacant. Leuer-Munsterteiger rent the land to the same individual that farms the land across CSAH 19. Wright County Assessor informed the Board that he had concerns with the piece of property. He had evaluated the properties surrounding the 11-12 acre parcel and also thought it was rather high. Rasmussen went to the MN Department of Revenue to research the area. The MN DNR Representative reviewed the land and felt the parcel was correctly zoned as commercial. Rasmussen concluded that Wright County could not change the zoning; however, the Board could change the classification. Mayor Klecker asked if the Board had any comments or concerns pertaining the Mr. Leuer and Mr. Munsterteiger's parcel. Board member Vetsch made the recommendation to change the classification from Commercial to Agricultural. 17 MOTION BY Board member Berning, seconded by Board member Vetsch to change the 11-12 acre parcel, property identification number 101-079-000010 classification from Commercial to Agricultural. Board members Klecker, Berning, Wagner, and Vetsch voted aye. Board member Fay voted nay. Motion carried. Wright County Assessor Peterson stated that Terri Dols, property identification number 101-124- 002010, sent a letter questioning the value of his house following the construction done to his residence. Peterson visited the property and noted the craftsmanship performed was of poor quality; therefore, felt it was appropriate to lower the value. MOTION BY Board member Berning, seconded by Board member Fay to lower the value of Terri Dols home, property identification number 101-124-002010 from $205,900 to $197,000 as recommended by the Wright County Assessor. Motion carried unanimously. ADJOURNMENT MOTION BY Council member Berning, seconded by Council member Wagner to adjourn at 6:50 p.m. Motion carried unanimously. 18 A�lbcrtvilliic Small }`u. AFa living. Big cay We. City of Albertville Check Detail Register May 21, 2007 Check Amt Invoice Comment 10100 Premier Bank Paid Chk# 024258 5/21/2007 ACTION RADIO & COMMUNICATIONS E 101-42000-404 Repair/Maint- $125.00 31275 Total ACTION RADIO & COMMUNICATIONS $125.00 Paid Chk# 024259 5/21/2007 AFLAC G 101-21710 Other Deducations $16.16 397224 Total AFLAC $16.16 Fire Dept Pager Repair 5/1/07 Aflac Insurance Paid Chk# 024260 5/21/2007 ALBERTVILLE FIRE RELIEF ASSOC. R 101-00000-34950 Other Revenues $196.00 0201OB86CO Fire Dept G90 Revenue-Govt Aid Total ALBERTVILLE FIRE RELIEF ASSOC. $196.00 Paid Chk# 024261 5/21/2007 BOLTON & MENK, INC E 101-41710-303 Engineering Fees $74.50 0104959 Hunter's pass Plan & Plat E 101-41710-303 Engineering Fees $525.00 0104961 Building Permits Review E 101-42400-303 Engineering Fees $675.00 0104961 Building Permits Review E 101-41710-303 Engineering Fees $1,623.00 0104964 Phillip Morris Property E 101-41710-303 Engineering Fees $240.00 0104970 Towne lakes 7th Addition E 101-41710-303 Engineering Fees $135.00 0104971 Eull Concrete Site -Winkleman E 101-45100-589 C/O - Park/Trail Construction $5,547.00 0104972 Winter Park Design & Survey E 101-43100-224 Street Overlayment $630.00 0104974 2007 Overlay Improvements E 101-43100-223 Seal Coating $252.00 0104975 2007 Seal Coat Improvements Total BOLTON & MENK, INC $9,701.50 Paid Chk# 024262 5/21/2007 BRAUN INTERTEC CORP E 482-49300-300 Professional Srvs (GENERAL) $124.50 269964 CH Const. ObservationFresting E 482-49300-300 Professional Srvs (GENERAL) $120.50 271410 CH Const. Observation/Testing Total BRAUN INTERTEC CORP $245.00 Paid Chk# 024263 5/21/2007 BREITBACH CONSTRUCTION CO E 482-49300-300 Professional Srvs (GENERAL) $130,664.35 Pay Request Pay Request 11 CH Total BREITBACH CONSTRUCTION CO $130,664.35 Paid Chk# 024264 5/21/2007 BRITE STITCH MONOGRAMMING E 101-43100-417 Uniform Rentals $104,40 1760 Public Works -Uniform Sery E 101-45100-417 Uniform Rentals $104.40 1760 Parks Dept - Uniform Sery E 601-49450-417 Uniform Rentals $69.60 1760 Sewage Dept. - Uniform Sery E 602-49400-417 Uniform Rentals $69.60 1760 Water Dept - Uniform Sery Total BRITE STITCH MONOGRAMMING $348.00 19 Check Amt Invoice Comment 10100 Premier Bank Paid Chk# 024265 5/21/2007 CENTER POINT ENERGY E 101-42000-383 Gas Utilities $350.26 05-2007 11350 57th Street NE E 101-42400-383 Gas Utilities $172.82 05-2007 5954 Main Avenue NE E 101-45100-383 Gas Utilities $62.24 05-2007 5801 Lander Avenue NE E 101-41940-383 Gas Utilities $112.38 05-2007 5975 Main Avenue NE E 101-43100-383 Gas Utilities $779.44 52007 6461 MaclverAvenue NE E 101-41940-383 Gas Utilities $1,149.61 52007 5959 Main Avenue NE E 601-49450-383 Gas Utilities $348.51 5/2007 6440 MaclverAvenue NE Total CENTER POINT ENERGY $2,975.26 Paid Chk# 024266 5/21/2007 COURI & MACARTHUR E 473-00000-304 Legal Fees $236.25 Prairie Run Litigation E 468-49000-304 Legal Fees $33.75 1-94 E 492-49000-304 Legal Fees $135.00 Industrial Park E 101-41610-304 Legal Fees $37.50 Shoppes at Prairie Run 2 E 498-00000-304 Legal Fees $2,632.50 Albertvilla's Drainage E 101-41610-304 Legal Fees $75.00 Field Plaza 2nd E 101-41600-304 Legal Fees $101.25 City Hall Lease E 101-41610-304 Legal Fees $300.00 Franklin, Albertville Autobody E 101-41610-304 Legal Fees $3,450.00 Phil Morris E 101-41600-304 Legal Fees $3,750.00 ordinances issues, general ite E 493-49000-304 Legal Fees $67.50 Hwy 19 North Total COURI & MACARTHUR $10,81&75 Paid Chk# 024267 5/21/2007 CROW RIVER FARM EQUIPMENT E 101-43100-404 Repair/Maint - $170.50 124195 Pipes, Channels, Angles Total CROW RIVER FARM EQUIPMENT $170.50 Paid Chk# 024268 5/21/2007 CROW RIVER NEWS NORTH E 101-41800-399 Miscellaneous $339.99 04072140 Office Bldg, Industrial Lots 7 Total CROW RIVER NEWS NORTH $339.99 Paid Chk# 024269 5/21/2007 CUSHMAN MOTOR CO., INC. E 101-45100-210 Operating Supplies $319.50 138738 3 gal White Fastline Total CUSHMAN MOTOR CO., INC. $319.50 Paid Chk# 024270 5/21/2007 DEHMER FIRE PROTECTION E 101-43100-405 Repair/Maint - Buildings $187.17 14518 Public Wrks & WWTP collars, se Total DEHMER FIRE PROTECTION $187.17 Paid Chk# 024271 5/21/2007 DEPT OF LABOR & INDUSTRY E 101-42400-208 Training and Instruction $35.00 05-2007 May 23 Seminar Genl Code Adopt Total DEPT OF LABOR & INDUSTRY $35.00 Paid Chk# 024272 5/21/2007 DESIGN ELECTRICAL CONTRACTORS E 101-41940-210 Operating Supplies $202.41 9937 Repair & Maintence stop lights Total DESIGN ELECTRICAL CONTRACTORS $202.41 20 Check Amt Invoice Comment 10100 Premier Bank Paid Chk# 024273 5/21/2007 DJ'S TOTAL HOME CARE CENTER E 601-49450-210 Operating Supplies $12.77 21046 Deck Scrub Brush E 101-41940-405 Repair/Maint - Buildings $270.24 21067 New City Hall filters, galv ha E 602-49400-210 Operating Supplies $5.31 21101 silicone caulk E 101-43100-215 Shop Supplies $2.34 21229 6mm X 16mm socket caps E 101-43100-215 Shop Supplies $18.09 21253 pipe black the E 101-43100-215 Shop Supplies $5.85 21260 switch toggle long hndle press E 101-43100-400 Repair/Maint - Paved Rd $31.94 21320 3 gal sprayer w/cart E 602-49400-210 Operating Supplies $22.32 21396 scrwdrver, palmolive dish, gre E 101-43100-403 Repair/Maint - Catch Basins $16.15 21511 concrete mix E 101-45100-210 Operating Supplies $17.33 21560 anchors, bit dril percusn 5/16 E 101-45100-405 Repair/Maint - Buildings $20.20 21570 gfci cover gry, outlet boxes E 101-43100-215 Shop Supplies $9.56 21584 hex wash, outlet box E 101-43100-215 Shop Supplies ($17.02) 21585 return outlet box E 101-45100-405 Repair/Maint - Buildings $5.31 21746 padlock Total DJ'S TOTAL HOME CARE CENTER $420.39 Paid Chk# 024274 5/21/2007 DOCUMENT DESTRUCTION SERVICE E 101-41000-300 Professional Srvs (GENERAL) $30.00 111485 Shredding documents 4/16/07 Total DOCUMENT DESTRUCTION SERVICE $30.00 Paid Chk# 024275 5/21/2007 EGGEN'S DIRECT SERVICE, INC. E 101-43100-212 Motor Fuels $28.70 120330 fuel E 101-43100-212 Motor Fuels $62.01 120339 fuel E 101-43100-212 Motor Fuels $19.77 120341 fuel E 601-49450-212 Motor Fuels $65.00 120343 fuel E 101-43100-212 Motor Fuels $13.00 120360 fuel E 101-43100-212 Motor Fuels $51.19 120370 fuel E 602-49400-212 Motor Fuels $102.08 120374 fuel E 602-49400-212 Motor Fuels $59.01 120384 fuel E 101-43100-212 Motor Fuels $45.44 120386 fuel E 101-43100-400 Repair/Maint- Paved Rd $127.80 120393 fuel E 101-43100-212 Motor Fuels $27.00 120396 fuel E 101-45100-212 Motor Fuels $20.03 120400 fuel E 101-42400-212 Motor Fuels $80.24 120401 fuel E 101-43100-212 Motor Fuels $21.05 120405 fuel E 101-45100-212 Motor Fuels $33.20 120406 fuel E 101-43100-400 Repair/Maint - Paved Rd $72.94 120409 fuel E 101-43100-212 Motor Fuels $51.93 120414 fuel E 602-49400-212 Motor Fuels $108.61 120415 fuel E 101-45100-212 Motor Fuels $70.00 120421 fuel Total EGGEN'S DIRECT SERVICE, INC. $1,059.00 Paid Chk# 024276 5/21/2007 EMERGENCY APPARATUS MNTC E 101-42000-404 Repair/Maint - $503.53 29886 Fire Dept Annual pump tests tr E 101-42000-404 Repair/Maint - $519.19 29888 Fire Dept Annual Pump Test Eng E 101-42000-404 Repair/Maint - $269.54 29889 Fire Dept Annual pump tests tr E 101-42000-404 Repair/Maint- $1,343.37 29890 Fire Dept Annual pump test lad Total EMERGENCY APPARATUS MNTC $2,635.63 Paid Chk# 024277 5/21/2007 FEDERATED CO-OPS, INC. E 602-49400-210 Operating Supplies $422.60 F23487 WWTP expantion Blend 19-19-19 Total FEDERATED CO-OPS, INC. $422.60 Paid Chk# 024278 5/21/2007 FIRE INSTRUCTION & RESCUE EDUC E 101-42000-107 Fire Training $240.00 05143 Fire Dept Haz Mat - Awareness Total FIRE INSTRUCTION & RESCUE EDUC $240.00 21 Check Amt Invoice Comment 10100 Premier Bank Paid Chk# 024279 5/21/2007 FUTRELL FIRE CONSULT & DESIGN E 101-41000-300 Professional Srvs (GENERAL) $172.50 19401 Prof Sery Towne Lks 2 Bldg 2 E 101-41000-300 Professional Srvs (GENERAL) $86.25 19402 Prof Sery Towne Lks 2 Bldg 3 E 101-41000-300 Professional Srvs (GENERAL) $86.25 19403 Prof Sery Towne lakes 2 Bldg 5 Total FUTRELL FIRE CONSULT & DESIGN $345.00 Paid Chk# 024280 5/21/2007 FYCC E 10 1 -45000-598 Pledges & Contributions $66.00 Albertville portion baseballs Total FYCC $66.00 Paid Chk# 024281 5/21/2007 HASSAN SAND & GRAVEL, INC. E 101-45100-210 Operating Supplies $199.90 69113 Agriculture Lime Total HASSAN SAND & GRAVEL, INC. $199.90 Paid Chk# 024282 5/21/2007 HEALTH PARTNERS G 101-21706 Group Insurance Payable $1,950.15 27335937 Emp Health & Dental Ins emp po E 101-41300-131 Employer Paid Health $520.30 27335937 Emp Health & Dental Ins E 602-49400-130 Employer Paid Ins $506.70 27335937 Emp Health & Dental Ins E 101-42400-130 Employer Paid Ins $1,822.45 27335937 Emp Health & Dental Ins E 101-41400-131 Employer Paid Health $1,812.60 27335937 Emp Health & Dental Ins E 101-43100-130 Employer Paid Ins $1,445.65 27335937 Emp Health & Dental Ins E 101-45100-130 Employer Paid Ins $732.45 27335937 Emp Health & Dental Ins E 101-41500-131 Employer Paid Health $619.20 27335937 Emp Health & Dental Ins E 601-49450-130 Employer Paid Ins $888.00 27335937 Emp Health & Dental Ins Total HEALTH PARTNERS $10,297.50 Paid Chk# 024283 5/21/2007 INSPECTRON INC. E 101-42400-300 Professional Srvs (GENERAL) $2,000.00 5/2007 March 2007 Bldg Inspec by Roge Total INSPECTRON INC. $2,000.00 Paid Chk# 024284 5/21/2007 JOHN DEERE COMPANY E 101-45100-210 Operating Supplies $48.35 11934049 Red Tee Soc X FIPT, 45 Degree E 101-45100-210 Operating Supplies $260.25 11966171 Valves, nozzles, pvc fittings Total JOHN DEERE COMPANY $308.60 Paid Chk# 024285 5/21/2007 KLECKER, RON E 101-41100-331 Travel Expenses $87.99 05-2007 Ron Klecker Holiday Inn Confer E 101-41100-331 Travel Expenses $79.54 05-2007 Ron Klecker - Mileage - Confer Total KLECKER, RON $167.53 Paid Chk# 024286 5/21/2007 LAKES GAS CO. NO. 21 E 101-43100-404 Repair/Maint - $41.11 751987 Gas hose, msc. Part, fittings, Total LAKES GAS CO. NO. 21 $41.11 Paid Chk# 024287 5/21/2007 LARSON ALLEN WEISHAIR & CO E 101-42000-301 Auditing and Acct'g Services $2,000.00 071990 Fire Dept, Progress Billing @1 Total LARSON ALLEN WEISHAIR & CO $2,000.00 22 Check Amt Invoice Comment 10100 Premier Bank Paid Chk# 024288 5/21/2007 MCFOA E 101-41400-433 Dues and Subscriptions $35.00 Annual dues BM Total MCFOA $35.00 Paid Chk# 024289 5/21/2007 MENARDS - BUFFALO E 604-49660-300 Professional Srvs (GENERAL) $85.64 Elbows, rates, outlet, couples Total MENARDS - BUFFALO $85.64 Paid Chk# 024290 5/21/2007 MULTIPLE CONCEPTS INTERIORS E 482-49300-300 Professional Srvs (GENERAL) $824.00 244257 Carpet and base room 114 CH Total MULTIPLE CONCEPTS INTERIORS $824.00 Paid Chk# 024291 5/21/2007 MUNICIPAL EMERGENCY SERVICES E 101-42000-585 C/O -Air Packs $104.23 413279 Fire Dept Replacement equip fo Total MUNICIPAL EMERGENCY SERVICES $104.23 Paid Chk# 024292 5/21/2007 N. A. C. E 101-41910-306 Planning Fees $345.70 16433 St. Michael Pond Applications E 473-00000-306 Planning Fees $1,007.00 16433 Gold Key Lawsuit E 101-41915-306 Planning Fees $1,504.00 16433 ordinances, code, Planning Com E 101-41910-306 Planning Fees $720.85 16433 Dog Kennels E 101-41910-306 Planning Fees $388.15 16433 ordinances, code E 101-41910-306 Planning Fees $268.70 16433 LED Signs/Billboards E 101-41910-306 Planning Fees $157.50 16433 Application Review checklist E 101-41910-306 Planning Fees $116.60 16433 Downtown/Railroad Property E 101-41910-306 Planning Fees $67.50 16433 Freeway sign height Amendment E 101-41915-306 Planning Fees $180.00 16434 Franklin/Winslow CUP E 101-41915-306 Planning Fees $509.60 16434 Albertville Market Place E 101-41915-306 Planning Fees $135.20 16434 Shoppes at Prairie Run Sub div E 101-41915-306 Planning Fees $1,235.28 16434 Shoppes of Towne Lakes 2nd bld E 101-41915-306 Planning Fees $25.00 16434 Albertville Body Shop Minor Su E 101-41915-306 Planning Fees $492.00 16434 Nextex Condo Conversion E 101-41910-306 Planning Fees $625.00 16435 April 2007 Meetings E 101-41915-306 Planning Fees $125.00 16435 4/12/ Don Savitski code enfore Total N. A. C. $7,903.08 Paid Chk# 024293 5/21/2007 NAGELL APPRAISAL & CONSULTING E 468-49000-300 Professional Srvs (GENERAL) $225.00 13881 Co 19 & 1-94 Total NAGELL APPRAISAL & CONSULTING $225.00 Paid Chk# 024294 5/21/2007 NAPA AUTO PARTS E 601-49450-404 Repair/Maint - $45.57 643469 Hyd Oil Total NAPA AUTO PARTS $45.57 Paid Chk# 024295 5/21/2007 NORTH AMERICAN CLEANING CORP E 101-42000-405 Repair/Maint - Buildings $69.23 36429 Service 03/07 FD E 101-41940-405 Repair/Maint - Buildings $419.61 36429 Service 03/07 CH E 101-43100-405 Repair/Maint Buildings $78.81 36429 Service 03/07 PW E 101-41940-405 Repair/Maint Buildings $367.43 36430 strip & wax floor CH E 101-41940-405 Repair/Maint - Buildings $419.61 36433 Service 04/07 CH E 101-43100-405 Repair/Maint - Buildings $78.81 36433 Service 04/07 PW E 101-42000-405 Repair/Maint - Buildings $69.23 36433 Service 04/07 FD Total NORTH AMERICAN CLEANING CORP $1,502.73 23 Check Amt Invoice Comment 10100 Premier Bank Paid Chk# 024296 5/21/2007 NORTHERN WATER WORKS E 602-49400-250 Meters for Resale $1,203.09 S01076914 0 meters Total NORTHERN WATERWORKS $1,203.09 Paid Chk# 024297 5/21/2007 NORTHLAND TRUST SERVICE INC E 601-49450-611 Bond Interest $74,413.75 5 2007 6/1/07 payment 4,000,000 GO S E 359-00000-611 Bond Interest $74,676.25 5-2007 6/1/07 payment 3,700,000 Pub P Total NORTHLAND TRUST SERVICE INC $149,090.00 Paid Chk# 024298 5/21/2007 OMANN SHINGLE RECYCLING E 602-49400-407 R/M - Water Mains $110.33 9040 crushed asphalt Total OMANN SHINGLE RECYCLING $110.33 Paid Chk# 024299 5/21/2007 ONVOY, INC. E 101-42400-321 Telephone $240.97 07050200926 Data Network/phones E 101-41940-321 Telephone $963.88 07050200926 Data Network/phones Total ONVOY, INC. $1,204.85 Paid Chk# 024300 5/21/2007 PAT'S 66 E 101-45100-212 Motor Fuels $75.06 19700 Total PAT'S 66 $75.06 Paid Chk# 024301 5/21/2007 PITNEY BOWES - POSTAGE E 101-41400-322 Postage $53.36 Total PITNEY BOWES - POSTAGE $53.36 Paid Chk# 024302 5/21/2007 RED'S PORTABLE TOILETS E 101-45100-415 Other Equipment Rentals $537.83 10782 Total RED'S PORTABLE TOILETS $537.83 Paid Chk# 024303 5/21/2007 SCHWAAB INC E 101-42400-200 Office Supplies (GENERAL) E 101-41400-200 Office Supplies (GENERAL) Total SCHWAAB INC Paid Chk# 024304 5/21/2007 SUNNYFIELD E 101-43100-400 Repair/Maint - Paved Rd Total SUNNYFIELD Paid Chk# 024305 5/21/2007 SUNRISE PLUMBING E 101-45100-404 Repair/Maint- Total SUNRISE PLUMBING Paid Chk# 024306 5/21/2007 TINKLENBERG GROUP E 468-49000-300 Professional Srvs (GENERAL) Total TINKLENBERG GROUP $71.07 V82092 $18.36 V88264 $89.43 $300.00 75346 $300.00 $431.00 9095 $431.00 fuel postage Main Park - 8 units for half m Pre -Ink Hand stamps Red Smile Thank Pre -Ink Stamp Compressor Rental week of apri repair ball valves and bubbler $2,147.00 1370 1-94 $2,147.00 Check Amt Invoice Comment IZ 10100 Premier Bank Paid Chk# 024307 5/21/2007 VERNON COMPANY E 101-45000-596 Friendly City Days $105.75 1437009 RI T-shirts softball Total VERNON COMPANY $105.75 Paid Chk# 024308 5/21/2007 WASTE MANAGEMENT E 601-49450-384 Refuse/Garbage Disposal $51.47 1608739-159 Maclver Ave Ne E 101-41940-384 Refuse/Garbage Disposal $49.97 1608739-159 5959 Main Ave Ne E 101-45100-384 Refuse/Garbage Disposal $103.46 1608739-159 11401 Lander Ave Ne E 101-41940-384 Refuse/Garbage Disposal $18.47 1608740-159 May 2007 Svc Total WASTE MANAGEMENT $223.37 Paid Chk# 024309 5/21/2007 WATER LABORATORIES INC E 601-49450-218 Testing Expenses $991.00 92 Total WATER LABORATORIES INC $991.00 Paid Chk# 024310 5/21/2007 WRIGHT CTY AUDITOR/TREASURER E 101-41550-300 Professional Srvs (GENERAL) $30,747.00 055-07 Total WRIGHT CTY AUDITOR/TREASURER $30,747.00 Paid Chk# 024311 5/21/2007 WRIGHT RECYCLING E 101-43200-308 Recycling Contract Fee Total WRIGHT RECYCLING Paid Chk# 024312 5/21/2007 XCEL ENERGY E 101-41940-381 Electric Utilities E 101-43160-381 Electric Utilities E 101-41940-381 Electric Utilities E 101-43160-381 Electric Utilities E 101-41940-381 Electric Utilities E 101-41940-381 Electric Utilities E 601-49450-381 Electric Utilities E 101-45100-381 Electric Utilities E 101-41940-381 Electric Utilities Total XCEL ENERGY Paid Chk# 024313 5/21/2007 ZEE MEDICAL SERVICE E 101-41400-200 Office Supplies (GENERAL) Total ZEE MEDICAL SERVICE Fund Summary 101 GENERAL FUND 359 City Hall Revenue Bond 468 CSAH 19 RAMPS/I 94 Project 473 PRAIRIE RUN 482 CITY HALL 2004-5 492 52nd st Industrial Park 493 CASH 19 & 57th Intersection 498 Flood Mitigation Project 601 SEWER FUND 602 WATER FUND 604 STORM WATER $3, 710.70 $3,710.70 Testing Expense (CBOD-5) 07 Assessment contract 04/07 service $19.32 $33.24 170695378 5700 LaBeaux Ave NE Unit Signa $3.63 171056805 10820 Kantar Ct NE Fire Siren $4,275.57 5-2007 Electric $21.78 51459640304 11830 51 st St $29.81 51468978500 11750 Co. Rd 37 signal $47.65 51545432690 5900 County Road 18 Sewer $2.97 51555641080 5799 Lander $1,078.33 51801569920 5959 Main Ave $5,512.30 $42.89 54119632 Zee Strips, Gauze Pads, Antibi $42.89 10100 Premier Bank $383,878.06 10100 Premier Bank $91,355.85 $74,676.25 $2,405.75 $1,243.25 $131,733.35 $135.00 $67.50 $2,632.50 $76,933.32 $2,609.65 $85.64 $383, 878.06 25 This page left blank on purpose. q'i 2335 HkJ" 36 W St Pad, MN 55113 May 1, 2007 Mr. Larry Kruse City of Albertville O-Vt-lt� 5975 Main Avenue NE Albertville, MN 55301 Re- Albertville City Hall Bonestroo Project No. 001028-05100-4 Pay Request I I Dear Mr. Kruse: Transmitted herewith are four (4) copies of Request for Payment No. 11. We have reviewed the request and hereby recommend approval for payment in the amount of $130,664.35. Please execute the documents and distribute as follows: I copy City of Albertville 2 copies Breitbach Construction, Attn: Mr. Ryan Breitbach 1 copy Bonestroo, Rosene, Anderlik & Associates Inc. attn: Richard Hjelle Also attached are Lien Waivers for Pay Request No. 10. Should you have any questions regarding this project, please feel free to call me at 651-604-4914. Yours very truly, q 8;v 130,30 Nichard Hjelle RLH:cv Ff, r1l =$- Tel 651436-4600 Fax 651436-1311 27 DwTw: Crty of Albertyffie, 5975 Win Avenue NortheaS Alt!T* MR 55301-MM Date: _ftl, 2007 � of Period. 12/V20061o4802007 Request No: Bor*Stroo I ,ontractor. Breitbach Construction 802 1st Avmue, P 0 Box 78, , Elrow CONTRACTOR'S REQUEST FOR PAYMENT ALBERIVILLE CITY HALL RONESTROO FILE 40, 00102"IOD-0 SUMMARY I Original Contract Amount 2 Change Order - Addition 3 Change Order - Deduction 4 Revised Contract Amount 5 Value Completed to Date 6 Material on Hand 7 Amount Earned 8 Less Retainage 0.96% 9 Subtotal 10 Less Amount Paid Previousi 11 Liquidated damages - 12 AMOUNT DUE THIS REQUEST FOR PAYMENT RD 4, A ��W 0 � 5" attadwd bar signature 3,091,000,00 39,542,00 0.00 3,130,542.00 $ 3,130,542.00 0,00 3,130,542,00 $ 30,053.20 3,100,488.80 2,969,824.45 0.00 11 $ 130,664:35 Approved by Owner; CITY OF ALBERTVILLE Spec&d Contract Completion Date. Date, November 1, 2M 28 APPLICATION ACID CERTIFICXTH FCR PAYMENT Pagffi 1 _._.*--------------------------------------------- --- -------------.-._---. - ------ ----•------ ------------- DATE: 04/30/07 It [OWNER). ALBERTVILLE, CITY Of FROM (CONTRACTOR) : HRRITBACH 000STAWTION COMPANY APPLICATION WD; 11 5315 MAIN AVEMA WE PO Rox 78 PERIW PA M: 12/01/06 TO: 04/30107 AL6&id.TVILLE MN $5301 81rosa M 56325 CORMAM FM i PROTECT: ALBERTVILLE CM HALL 5975 Main Avenue NE Albertville m 55301 VIA (ARCHITECT):.a4{estroo,Romnw,Anderlik 8 Associates 2335 Hwy 34 West St. Paul AN SS113 COM7ACT DATE i 11/11105 ARMTTRCT'S 10032M 06128 Distribu:tioAi 0MER CONTRACTOR'S APPLICATION POR PAYMENT Application is made for Payment, as shown below, is connection ._,.------------------------------------------------- --------- with the Contract. Contiau-ticn sheet is enclosed. Change Orders approved in I AwrTIONa I DMICTIOMI previous montthe by Owner T027ti.i I 35,542,00 I .0o I �.------;-.---------.---.__- ---------------- +--.--------------I I Subsequent Change Orders ( I --------------------------- Number JDate Approved I------------ I --------------I r I I I 1 k (------------I--------------I----------------I----------------I I TOTAL61 I 39,S42.00 i .00 I•----.`--------------------------.---------- ---.---- ----I I not change by @Wrings otters 19, 642. 00 J --------------------------------------------------------------- The undersigned Contractor certifies that to the best of the Contractor's knOwladgs, inforamttiaat and belief the Mork covered by this Application for Pa leas been completed in accordance with the Contract Documents, that all amounts have bom paid by the Contractor for Bork for which previous cartiEicat" lot Payment were issued and payments received from the Omer, and that current payment shown herein is now due. i Or —_`l - .I ._ ARCHITECT'S CERTIFICATE FM PAYNZRT Ib aCCOrdance with the Contract Documents, based oat -sits observations and the data comprising the above application, the Architect certifies to the Owner that to the beat of the Architect's knowledge, information and belief the Work has programmed as indicated, the quality of the ilk is in actorft=* with the Contract Documents, and the Contractor is "titled to payment of the AWDUNT CMt . 1. ORIGINAL CONTRACT SOM......................... 3,091,000,OD 2. Net chonye by Change Orders., ................ 35,542.00 3. CONTRACT SUM TO DATE (Line I + 2)............. 3,110,542.00 (Column C} 4. TOTAL COMPLWM 4 RTCRZ0 TO DATE .............. 3,130,542.00 (Column 0) 5. LESS RRTAIMMUt a. .96 t of Completed Work.. 30.053,21 air Column D + 99 b- .00 it of Stored Material, 00 it, column F( Total Ret*44"e (Line $a + 5b or Column $)..., 30,053.21 i. TOTAL BARiI M LAW TtEPJ►THAM (Lisle 4 - 5) . , . , .. 3,100, 488 .79 7. LESS PRSVTOC89 CIRrITICKM POH PADONT......., 2,969,624.45 (Line 6 from Pri" Cortificats) -----.-..._- 8. CURRM BALANCE DUE (Lisa 6 - 1)......... ».... 130,664.34 Amount Certified....,....... ... ................ (Attach explanation if certified 6 application smounts differ) AR<�T8:C73 syt Dana r This QertiEicate is not negotiable, The A040M CERTIFIED is payable only to the Contractor named herein. Issuance, payseat and accepta»oe of P-yssnt are without predjudics to any rights of the Owner or Contractor under this Contract. 'This page left blank on purpose. 30 BO.TON 86 M N K , I NC_ Consulting Engineers & Surveyors 7533 Sunwood Drive • Suite 206 • Ramsey, MN 55303 Phone (763) 433-2851 • FAX (763) 427-0833 May 16, 2007 Mr. Larry Kruse, City Administrator City of Albertville 5959 Main Avenue NE, P.O. Box 9 Albertville, MN 55301-0009 RE: 2003 — CSAH 19 Upgrade City of Albertville, MN Contractor's Pay Estimate No. 8 & Final Dear Mr. Kruse: Enclosed please find three (3) copies of Partial Pay Estimate No. 8 & Final for the above referenced project. Payment No. 8 is for all work completed to date and release of retainage. We have reviewed Pay Estimate No. 8 & Final and recommend payment in the amount of $16,319.35 to Knife River Company. Please note that this pay estimate includes $2,303.80 for repair to an eroded ditch in August of 2004 and the release of $14,015.54 of retainage. For your information the final contract amount of the project is $1,403,857.91. 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 Dennis Fehn Gravel and Excavating, Inc. We have requested that the Contractor submit all lien waivers, IC-134 forms and consent of surety. Please do not release payment until we have received and reviewed these items. Please contact me if you have any questions regarding this estimate. Sincerely, BOLTON & MENK, INC. Adam Nafstad, P.E. Assistant City Engineer Enclosure Cc: Tina Lannes — City of Albertville 31 This page left blank on purpose. 32 CITY OF ALBERTVILLE COUNTY OF WRIGHT STATE OF MINNESOTA RESOLUTION NO.2007-xx RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ALBERTVILLE, MINNESOTA AUTHORIZING THE ISSUANCE, SALE, AND DELIVERY OF ITS REVENUE BONDS UNDER MINNESOTA STATUTES, CHAPTER 462C, AS AMENDED, AND A TRUST INDENTURE; AUTHORIZING THE LOAN OF THE PROCEEDS OF THE REVENUE BONDS TO GROUP FOR AFFORDABLE HOUSING — ALBERTVILLE, LLC TO REFINANCE A HOUSING PROJECT FOR SENIORS AND FINANCE IMPROVEMENTS TO A HOUSING PROJECT FOR SENIORS; APPROVING THE FORM OF AND AUTHORIZING THE EXECUTION AND DELIVERY OF THE REVENUE OBLIGATIONS AND RELATED DOCUMENTS; AND PROVIDING FOR THE SECURITY, RIGHTS, AND REMEDIES WITH RESPECT TO THE REVENUE OBLIGATIONS Resolved by the City Council of the City of Albertville, Minnesota: Section 1. Recitals. 1.01. The City. The City of Albertville, Minnesota (the "City"), is a municipal corporation duly organized and existing under the Constitution and laws of the State of Minnesota. 1.02. Statutory Authorization. Pursuant to Minnesota Statutes, Chapter 462C, as amended (the "Act"), the City is authorized to issue revenue bonds to make loans to finance the acquisition of a multifamily housing development by a nonprofit corporation which will operate the development for rental primarily to elderly or handicapped persons. Under the terms of the Act, the City may also issue revenue bonds for the purpose of refunding any revenue bonds of the Issuer issued under the Act including the payment of any redemption premium and any interest to accrue to the redemption date. 1.03. Bonds Previously Issued by the City. On September 23, 1999, the City issued the following obligations at the request of Group for Affordable Housing — Albertville, LLC (the "Borrower"), a Minnesota limited liability company the sole member of which is Group for Affordable Housing, a Minnesota nonprofit corporation (the "Sole Member"), pursuant to the terms of an Indenture of Trust, dated as of September 1, 1999 (the "Prior Indenture"), between the City and U.S. Bank National Association (formerly known as U.S. Bank Trust National Association), as trustee: (i) Multifamily Housing Revenue Bonds (The Cottages of Albertville Project), Series 1999A (the "Series 1999A Bonds"), issued in the original aggregate principal amount of $3,230,000; (ii) Taxable Multifamily Housing Revenue Bonds 33 (The Cottages of Albertville Project), Series 1999B (the "Series 1999B Bonds"), issued in the original aggregate principal amount of $85,000; and (iii) Subordinated Multifamily Housing Revenue Bonds (The Cottages of Albertville Project), Series 1999C (the "Series 1999C Bonds"), issued in the original aggregate principal amount of $425,000. The Series 1999A Bonds, the Series 1999B Bonds, and the Series 1999C Bonds are collectively referred to herein as the "Series 1999 Bonds." The proceeds derived from the sale of the Series 1999 Bonds were loaned to the Borrower pursuant to the terms of a Loan Agreement, dated as of September 1, 1999 (the "Prior Loan Agreement"), between the City and the Borrower. The proceeds of the loan made pursuant to the Prior Loan Agreement were applied to finance the acquisition of a 44-unit residential rental facility for seniors located in the City (the "Project"). The Series 1999B Bonds matured on March 1, 2004 and are fully paid. The Series 1999A Bonds are currently outstanding in the principal amount of $3,170,000 and the Series 1999C Bonds are currently outstanding in the principal amount of $425,000. The Series 1999A Bonds and the Series 1999C Bonds are collectively referred to herein as the "Prior Bonds." 1.04. The Borrower and the Project. The Borrower has proposed that the City issue its Multifamily Housing Revenue Refunding Bonds, Series 2007 (the "Series 2007 Bonds"), in an original aggregate principal amount not to exceed $3,5�O, 3.600.000, pursuant to the terms of a Trust Indenture, dated as of July 1, 2007 (the "Indenture"), between the City and the Trustee. The proceeds derived from the issuance and sale of the Series 2007 Bonds will be loaned by the City to the Borrower pursuant to the terms of a Loan Agreement, dated as of July 1, 2007 (the "Loan Agreement"), between the City and the Borrower, and applied to the following purposes: (i) the defeasance and prepayment of the Prior Bonds; (ii) the financing of improvements to the Project; (iii) the funding of a debt service reserve fund for the Series 2007 Bonds, and (iv) the payment of the costs of issuance and certain other costs associated with the issuance of the Series 2007 Bonds. Section 2. Terms of the Series 2007 Bonds. 2.01. The Series 2007 Bonds. The Series 2007 Bonds will be issued under the Indenture. The principal of, premium, if any, and interest on the Series 2007 Bonds: (i) shall be payable solely from the revenue pledged therefor; (ii) shall not constitute a debt or a general or moral obligation of the City within the meaning of any constitutional or statutory limitation; (iii) shall not constitute nor give rise to a pecuniary liability of the City or a charge against the City's general credit or taxing powers; and (iv) shall not constitute a charge, lien, or encumbrance, legal or equitable, upon any property of the City other than the City's interest in the Project. 2.02. The Loan. The City will loan the proceeds derived from the issuance and sale of the Series 2007 Bonds to the Borrower pursuant to the terms of the Loan Agreement. The loan repayments to be made by the Borrower under the Loan Agreement are fixed to produce revenue sufficient to provide for the prompt payment of the principal of, premium, if any, and interest on the Series 2007 34 Bonds. The Loan Agreement and the Indenture also provide that the Borrower is required to pay all expenses of the operation and maintenance of the Project, including, but without limitation, adequate insurance thereon and insurance against all liability for injury to persons or property arising from the operation thereof, and all lawfully imposed taxes and special assessments levied upon or with respect to the Project and payable during the terms of the Loan Agreement and the Indenture. 2.03. The Security for the Series 2007 Bonds. The repayment of the loan under the terms of the Loan Agreement and the payment of the principal of, premium, if any, and interest on the Series 2007 Bonds will be secured by a Mortgage, Security Agreement, Assignment of Leases and Rents and Fixture Filing, dated as of July 1, 2007 (the "Mortgage"), from the Borrower to the City and assigned to the Trustee to provide security for the payment of the Series 2007 Bonds and for the performance of the Borrower's obligations under the Loan Agreement. 2.04. Compliance with Certain Rental and Occupancy Restrictions. The Project constitutes a "qualified residential rental project" within the meaning of Section 142(d) of the Internal Revenue Code of 1986 (the "Code"), and a "multifamily housing development" within the meaning of the Act. Section 142(d) of the Code requires that the Project comply with certain income restrictions. In addition, in conjunction with the acquisition of the Project in 1999, the Borrower entered into a Contract for Private Development, dated September 22, 1999 (the "Contract for Private Development"), with the Cottages of Albertville, LLC, and the Issuer. Under the Contract for Private Development, and a Tax Increment Revenue Note, Series 1999 (the "Series 1999 Note"), issued by the City to the Borrower, the Borrower will receive reimbursement of certain costs from tax increment revenues generated by the tax increment district in which the Project is located. In order to continue to receive tax increment revenues under the Note, the Borrower must continue to comply with the income restrictions under Section 142(d) of the Code. To ensure compliance with the rental and occupancy restrictions imposed by the Development Agreement and Section 142(d) of the Code, the Borrower and the City shall enter into an Amended and Restated Regulatory Agreement, dated on or after July 1, 2007 (the "Regulatory Agreement"). 2.05. Assignment of City Interests. The City will assign its interests in the Loan Agreement, except for the City's rights to certain fee payments, indemnification, and rights to reimbursement of certain expenses, including the loan repayments required to be made by the Borrower under the terms of the Loan Agreement, to the Trustee under the terms of the Indenture. The City will also assign its interests in the Mortgage to the Trustee, for the benefit of the bondholders, pursuant to an Assignment of Mortgage, Security Agreement, Assignment of Rents and Leases and Fixture Filing, dated as of July 1, 2007 (the "Assignment"), between the City and the Trustee. 2.06. Documents. Forms of the following documents have been submitted to the City 35 and are now on file with the City: (i) the Loan Agreement; (ii) the Indenture; (iii) the Mortgage; (iv) the Assignment; (v) the Regulatory Agreement; (vi) the Escrow Agreement, dated as of July 1, 2007 (the "Escrow Agreement"), between the Borrower, the Trustee, and the trustee for the Series 1999 Bonds; (vii) the Tax Exemption Agreement, dated as of July 1, 2007 (the "Tax Exemption Agreement"), between the Trustee, the Borrower, and the Sole Member; (viii) the Continuing Disclosure Agreement, dated as of July 1, 2007 (the "Continuing Disclosure Agreement"), between the Trustee and the Borrower; and (ix) the Bond Purchase Agreement, dated the date the bonds are sold (the "Bond Purchase Agreement"), among the City, the Borrower, and Dougherty & Company LLC (the "Underwriter"). Section 3. Issuance of Series 2007 Bonds. 3.01. Findings. The City Council of the City hereby finds, determines, and declares that: (a). The issuance and sale of the Series 2007 Bonds, the execution and delivery by the City of the Loan Agreement, the Indenture, the Bond Purchase Agreement, the Assignment, and the Regulatory Agreement, and the performance of all covenants and agreements of the City contained in the Loan Agreement, the Indenture, the Bond Purchase Agreement, the Mortgage, the Assignment, and the Regulatory Agreement are (i) authorized by the Act, (ii) consistent with the purposes of the Act, and (iii) constitute a public purpose and are in the best interests of the City. (b). The housing program prepared with respect to the Project and the Borrower at the time the Series 1999 Bonds were issued has been amended and restated (the "Amended and Restated Housing Program"). The City submitted the Amended and Restated Housing Program to the Metropolitan Council for review and comment. (c). A public hearing was held with respect to the Project and the Amended and Restated Housing Program on the date hereof after publication of notice on (April 30,12007 in The North Crow River News, the official newspaper and a newspaper of general circulation in the City, with respect to: (i) the Amended and Restated Housing Program; and (ii) approval of the issuance of the Series 2007 Bonds. 3.02. Authorization. a. The City hereby authorizes the issuance, sale, and delivery of the Series 2007 Bonds in an original aggregate principal amount not to exceed $3325,000 -3,600,000 and in the form, and upon the terms and conditions set forth in the Indenture. 36 b. The Loan Agreement, the Indenture, the Assignment, the Regulatory Agreement, and the Bond Purchase Agreement are hereby approved in substantially the forms on file with the City on the date hereof, with such necessary and appropriate variations, omissions, and insertions as do not materially change the substance thereof (including changes to the principal amount of the Series 2007 Bonds, the determination of the interest rates on the Series 2007 Bonds, changes to the terms of redemption of the Series 2007 Bonds, and changes to the terms of the Loan Agreement, the Indenture, the Assignment, the Regulatory Agreement, and the Bond Purchase Agreement), or as the Mayor and City Administrator, in their discretion, shall determine, and the execution thereof by the Mayor and City Administrator shall be conclusive evidence of such determination. The Mayor and City Administrator are authorized and directed to execute and deliver, on behalf of the City, Loan Agreement, the Indenture, the Assignment, the Regulatory Agreement, and the Bond Purchase Agreement and such other documents as are necessary or appropriate in connection with the issuance, sale, and delivery of the Series 2007 Bonds, including UCC-1 financing statements, an Endorsement to the Borrower's Tax Certificate (including certifications as to arbitrage and rebate under Section 148 of the Code), the Information Return for Tax -Exempt Private Activity Bond Issues, Form 8038 (Rev. January 2002), and all other documents and certificates as shall be necessary and appropriate in connection with the issuance, sale, and delivery of the Series 2007 Bonds (the "City Documents"). Copies of all City Documents and all other documents necessary to the transaction herein described shall be delivered, filed and recorded as provided herein, in the Loan Agreement and in the Indenture. All of the provisions of the City Documents, when executed and delivered as authorized herein, shall be deemed to be a part of this resolution as fully and to the same extent as if incorporated verbatim herein and shall be in full force and effect from the date of execution and delivery thereof. c. The City hereby authorizes the Trustee to execute and deliver the Indenture, the Tax Exemption Agreement, the Escrow Agreement, the Assignment, the Continuing Disclosure Agreement, and any other document which is necessary or appropriate in connection with the issuance, sale, and delivery of the Series 2007 Bonds. d. The Amended and Restated Housing Program is hereby adopted, ratified, and approved in all respects without further amendment. The preparation of the Amended Housing Program and the submission of the Amended and Restated Housing Program to the Metropolitan Council are hereby ratified, confirmed, and approved. 3.03. Bank Qualification. The Series 2007 Bonds are hereby designated as "qualified tax-exempt obligations" for purposes of Section 265(b) of the Internal Revenue Code of 1986, as amended. The aggregate amount of tax-exempt obligations, other than private activity bonds that are not qualified 501(c)(3) bonds, to be issued by the Issuer during 2007 is not expected to exceed $10,000,000, and no more than 37 $10,000,000 of obligations, including the Series 2007 Bonds, will have been designated by the Issuer as "qualified tax-exempt obligations" during calendar year 2007. 3.04. Special, Limited Obligations. The Series 2007 Bonds shall be special, limited revenue obligations of the City, and the proceeds derived from the issuance and sale of the Series 2007 Bonds shall be disbursed pursuant to the terms of the Indenture and the Loan Agreement, and the principal of, premium, if any, and interest on the Series 2007 Bonds shall be payable solely from the revenues derived from the Loan Agreement and proceeds of enforcement of the Mortgage and other collateral documents. 3.05. Trustee as Pang Agent. The Trustee is hereby appointed as Paying Agent and Bond Registrar for the Series 2007 Bonds. 3.06. Disclosure Documents. The City has not participated in the preparation of any disclosure document with respect to the Series 2007 Bonds, including the Preliminary Official Statement (the "Preliminary Official Statement") or the Official Statement relating to the Series 2007 Bonds (the "Official Statement") and has made no independent investigation with respect to the information contained therein, including the Appendices thereto, and the City assumes no responsibility for the sufficiency, accuracy, or completeness of such information. Subject to the foregoing, the City hereby consents to the distribution and the use by the Underwriter in connection with the sale of the Series 2007 Bonds of the Preliminary Official Statement and the Official Statement. The Preliminary Official Statement and the Official Statement are the sole materials consented to by the City for use in connection with the offer and sale of the Series 2007 Bonds. The City hereby approves the Continuing Disclosure Agreement, in the form now on file with the City, and hereby authorizes the Trustee to execute and deliver the Continuing Disclosure Agreement, substantially in the form now on file with the City with such omissions and insertions as do not materially change the substance thereof, or as the Borrower and the Trustee, in their discretion, shall determine. 3.07. Rights Conferred. Nothing in this resolution or in the City Documents is intended or shall be construed to confer upon any person (other than as provided in the Indenture and the other agreements, instruments, and documents hereby approved) any right, remedy, or claim, legal or equitable, under and by reason of this resolution or any provision of this resolution. 3.08. Severability. In case any one or more of the provisions of this resolution, other than the provisions contained in the first sentence of Section 3.04 hereof, or of the City Documents, or of the Series 2007 Bonds issued hereunder shall for any reason be held to be illegal or invalid, such illegality or invalidity shall not affect any other provision of this resolution, or of the City Documents, or of the Series 2007 Bonds, but this resolution, the City Documents, and the Series 2007 Bonds shall be 38 construed and enforced as if such illegal or invalid provisions had not been contained therein. 3.09. Validity. The officers of the City, bond counsel, other attorneys, engineers, and other agents or employees of the City are hereby authorized to do all acts and things required of them by or in connection with this resolution, the City Documents, and the Series 2007 Bonds for the full, punctual and complete performance of all the terms, covenants and agreements contained in the Series 2007 Bonds, the City Documents and this resolution. In the event that for any reason the Mayor or City Administrator is unable to carry out the execution of any of the documents or other acts provided herein, any other officer or employee of the City delegated to act in lieu of the Mayor or City Administrator shall be authorized to act in the capacity of the Mayor or City Administrator and undertake such execution or acts on behalf of the City with full force and effect, which execution or acts shall be valid and binding on the City. 3.10. Effective Date. This resolution shall be in full force and effect from and after its approval and publication. Adopted by the City Council of the City of Albertville this 2 1 " day of May, 2007. Ron Klecker, Mayor Bridget Miller, City Clerk 39 Document comparison done by DeltaView on Tuesday, May 15, 2007 11:53:35 AM Input: Document 1 Powerpocs://DOCSOPEN/309006/1 Document 2 Powerpocs://DOCSOPEN/309006/2 Rendering set K&G Standard Legend: Insertion Deletlofl Moved to Style change Format change Inserted cell Deleted cell Moved cell ,Split/Merged cell Padding cell Statistics: Count Insertions 3 Deletions 5 Moved from 0 Moved to 0 Style change 0 Format chan ed 0 Total changes 8 all A,lbertville Small 'Sown Uving. Big City We. TO: City Council FROM: Tim Guimont DATE: May 14, 2007. RE: Public Works Department PUBLIC WORKS COMMITTEE On Monday, May 7, 2007 the Public Works Committee met and during the meeting there was discussion regarding contracting with a company to control the mosquitoes within Albertville. In 2006, the City contracted with Adult Mosquito Control for three (3) applications, which were applied on June 7, June 21, and July 5, at a cost of $1,395 per application for a total of $4,185. Staff has contacted Adult Mosquito Control to obtain a quote for the 2007 season, of which the price per application will be $1,495. PW Committee and staff are looking for Council discussion as to whether the applications were effective in 2006 in minimizing the mosquito population in Albertville or not. 41 This page left blank on purpose. 42 9. DEPARTMENT BUSINESS A. Public Works Department 1). Public Works Committee discussion on 2007 Mosquito Control (no action needed) B. Building Department 1). Discussion on Amending the 2005 Albertville Municipal City Code pertaining to 1306 Fire Sprinkler Options a. Approve Ordinance No. 2007-xx entitled an Ordinance Amending the 2005 Albertville City Code Relating to Adoption of the Building Code C. Finance Department D. City Clerk E. Planning and Zoning 1). Approve Ordinance No. 2007-xx entitled an Ordinance Amending Appendix A, Chapter 200, Chapter 2300, and Chapters 3100 — 4850 Relating to Specific the Keeping of Animals within the City of Albertville 2). Approve Ordinance No. 2007-xx entitled an Ordinance Amending Section 10-7-8 of Chapter 7 Relating to Permitted Business Signs F. Engineering 1). Approve Resolution No. 2007-xx entitled a Resolution Awarding the Contract for the 2007 Seal coating Bid G. Legal H. City Council I. Administration 10. ADJOURNMENT AFFIDAVIT OF POSTING STATE OF MINNESOTA SS. COUNTY OF WRIGHT Tracey Nubbe, being first duly sworn, says that on the 181h day May 2007 Tracey posted the documents as shown on the reverse side a true copy of each thereof at 10:05 a.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_LOday of , 2007. 6 , i Notary P lic (Q-),�BRIDGIT MARIE MILLER NOTARY PUBLIC MINNESOTA Aly Commrssron Expves Jan 3, 20.8 Building Department lert�rille 5959 Main Avenue NE * P.Q. Box 9 * Albertville, MN 55301 graWl Toum UvMg. big QyLft. Phone: 763-497-3384 9 Fax: 763-497-3210 jo 5 Do P , -a)jlL1&74 DATE: May 15,2007 TO: Honorable Mayor, City Council, and Staff V1115-7 FROM: Jon Sutherland, Building Official I have previously suggested the adoption of additional regulations for Fire Sprinkler Systems in 2004 and I resubmit this proposal for your consideration, State Building Code (SBC) section 1306 is an optional section of the code which provides for fire sprinklers in most buildings and some multi family and attached single family housing. These optional provisions (including subpart 3 and option E- 1) apply to new buildings, or additions to existing buildings, or buildings in which the occupancy classification has changed according to the thresholds identified in 1306.0030 as attached. The Fire Department is in support of these regulations. Pros: To the optional adoption of the Sprinkler regulations are: - safer buildings, reduced insurance costs for owners, and a higher fire rating by the Insurance Service Organization (ISO), for the City Cons: Cost to the owner to install the sprinkler system however the cost should be offset by reduced insurance costs. Staff Recommendation: Staff recommends adoption of the SBC including the optional provision for Fire Sprinklers as attached. Attachment: Minnesota Rules 1306. See also City Attorneys Memo. 43 Minesota Rules, Chapter 1306. Page I of 3 tl�.tl= Aftya Leglslature home I Unks to the World i Help I Advanced Search rgr 110#90rfflo House i Senate i Jobt Departments and Gomntissions I Oil Search and Status t Statutes, Laws, and Ruies Minnesota Rules, Chapter 1306. Copyright by the Office of Revisor of Statutes, State of Minnesota. 1306.0010 GENERAL. This chapter authorizes optional provisions for the installation of on -premises fire suppression systems that may be adopted by a municipality in addition to the State Building Code. If the municipality adopts them, the sprinkler system requirements of this chapter become part of the State Building; Code and are applicable throughout the municipality. This chapter, if adopted, must be adopted without amendment. STAT AUTH: MS s 1 ; 16B.61; 16B"64 HIST: 27 SR 1479 Current as of 04/16/03 2306.0020 mNicipAL opTloN. Subpart 1. Requirement, The sprinkler system requirements of this chapter, if ado must d ted with the selection of either subpart 2 or , without amendment 2. Hxisting and new buildings. Automatic apr er systems ty w buildings, buildings increased jD-t T"al floor area (including ing building) uildinge in which the occupancy classification ged, must be installed and maintained in operations lion siq the structure. The requirements of t part apply to struct that fall within th pancy classifications established in`pert- 13g6,0® 0, items A to S. Exceptions: 1. The floor area of minor additions that do not increase the occupant load does not have to be figured into the square footage for occupancy classifications established in part i_N 6.0030, items A to E. 2. The existing portion of R-2 apartment occupancies, attached 9-3 occupancies, and attached townhomes is n6t required to be sprinklered under this chapter, 3ubp. 3. Now buildings. Automatic sprinkler systems for new buildings, additions to existing buildings, or buildings In which the occupancy classification has changed must be installed and maintained in operational condition within the structure. The requirements of this subpart apply to structures that fall within the occupancy classifications established in part 1306.0030, items A to X. Exception: The floor area of minor additions that do not increase the occupant load does not have to be figured into the square footage for occupancy classifications established in part 1206.00 3o, items A to E. STAT AUTH. MS a 16B.59; 168.61; 115B.64 V,�� A" + w-rW 4R1 W y V 113P F% � [ M, Minnesota Rules, Chapter 1306. Page 2 of 3 HIST: 27 SR 1179 Current as of 04116103 1306.0030 REWTREWNTS. For purposes of this chapter., area separation, fire barriers, or fire walls do not establish separate buildings. Gross square footage (gsf) means the floor area as defined in the international Building Code. The floor area requirements established in items A to E are based on the gross square footage of the entire building and establish thresholds for these requirements. The following occupancy groups must comply with sprinkler requirements of this chapter, unless specified otherwise: A. Group A-), A-2, A-3, and A-4 occupancies; B. Group B, F, M, and s occupancies with 2,000 or more gross square feet of floor area or with three or more stories in height; C. Group E occupancies with 2,000 or more gross square feet of floor area or with two or more stories in height; D. Group R day care occupancies with an occupant load of 30 or more; E. Optional occupancy group -municipality may choose option 1 or option 1. Group R-1 and R-2 occupancies with 6,500 or mare gross square feet of floor area or dwelling units or guestrooms on three or more floors; and attached R-3 occupancies and attached townhouses built to the International Residential Code with 8,500 or more gross square feet of floor area. All floors, basements, and garages are included in this floor area threshold. 2. Attached R- u'ancies and att us 5 built to the International Res `e with more than 16 dwelling units or more thanrLAreV-stories in he STAT AUTH: MS s 16B.59; 16B.B1.; 165.�4 HIST: 27 SR 1479 Current as of 04116103 1306.0040 STANDARD. Automatic sprinkler systems must comply with the applicable standard referenced in the State Building Code. If a public water supply is not available, the building official and fire chief shall approve the use of an alternate on -site source of water if the alternate source provides protection that is comparable to that provided by a public water supply. If an adequate alternate water supply sufficient for hose stream requirements is provided or available, the building official and fire chief may permit the water supply requirements for the hose stream demands to be modified. STAT AUTH: M3 s 16B.59; 158.61; 1.£$.64 HIST: 27 SR 1479 Current as of 04116103 1306.0050 SUBSTITUTE CONSTRUCTION. 11ttp://www.revisor.leg.state.mn.uslbinlgetpub.php?pubtype=RULE CHAP&year=current... 5/16/2007 Minnesota Rules, Chapter 1306. 'age 3 of 3 The installation of an automatic sprinkler system, as required by this cHaptes, would still allow the substitution of one. -hour fire -resistive construction as permitted by the International Building Code, Table 601, footnote d. STAT AUTH: MS s 16B.52+ 16B.61; 16B.64 HIST; 27 SR 1479 Current as of 04116103 1306.0060 SXEMPTICK, The building official, with the concurrence of the fire official, may waive the requirements of this chapter if the application of water has been demonstrated to constitute a serious life, fire, or environmental hazard, or if the building does not have an adequate water supply and the building is surrounded by public ways or yards more than 60 feet wide on all sides. STAT AUTH: HS s 1 B ; .pp., Gjj, 16B. 64 HIST: 27 SR 1479 Current as of 0411 6103 1306.0070 REPORTING. A municipality must submit a copy of the ordinance adopting this chapter to the Department of Administration, Building Codes and Standards Division, within 15 days of its adoption. 'STAT AUTH: HS s 164➢ 16D.61; 16B.64 HIST: 27 SR 1479 Current as of 04116103 1306.0100 [Repealed, 27 SR 14791 Current as of 04116103 Minn. Rules repealed, etc. in chapter 1306 , 1306.0100 tRePealed, 27 SR 14791 Current as of 04116103 Please direct all comments concerning issues or log Islation io your House Mambor or State Senator, For Legislative Staff or for directions to the Capitol, visit the Contact t1s page. tat,questions or comments, http://www.re r.leg. .inn.ustbinlgetpub.php?pubtype=RULE CHAP&yeal=current... 5/1b/2007 M $03 — 30" SECTION 303 ASSEMBLY GROUP A Mil Assentbly Gronj A. Assembly Group A occupancy includes, among offipts, the use of.a building or Wawture, or a portion thereof, fur the gathering togellict of persons for purposes such as civic, social or irlWous functions, recre- ation, food 6r drink consumption or awaiting transportation. A room or space used for assembly purposes by less than 50 pet -sons and accessory toanother occupancy shall be includ- ed as a part -of that occupancy. Assembly occupancies shall include the, following: A-1 Assembly uses, usually with fixed,sentifig, intend- ed for the production and viewing of the performing arts or motion pictures including, but not limited to; motion Picture theaters Television , and radio 8t4dios admitting an audience Theaters A-V Assembly uses intended for food and/or drink con- sumption including, but not limited to. Banquet balls Night clubs Restaurants Taverns and ban' A-3 Assembly uses intended for worship, recreation or atnumnent and other assembly uses not classified elsewhere in Group A. including, but not limited to: Amusement arcades An galleries, Auditoriums Bowlift, alleys church" COMMUldly halls Courtrooms Dance halls Exhibition halls Nnetal parlors Gymnasiums indoor swimming pools Indoor tennis cotirts Lecture halls libraries Museums Passenger stations (waiting area) Pool and billia-d parlors A-4 Assembly uses interxied for viewing of indoor sport- ing events and activities with spectator seating, including, but not limited to: Are USE AND OCCUPANCY CLASSWICATION Skating rinks swilitowng pools Tennis courts A-5 Assembly uses intended for participation in or Yiew- ,, ing outdoor activities including, but not limited to: Amusement park structures Bleachers Orandstands Stadiums SECTION 304 BUSINESS GROUP 8 .VW.l Business Group B. Business Group B occupancy includes, among others, the use of a building or structure, or a portion thereof, for office, professional or service -type transac- tions, including storage of records and accounts. Business occu- pwides shall include, but not be limited to, the following; Airport traffic contra] towers Animal hospitals, kennels and pounds Bat" Barber and beautyshops Car wash Civic administration Clinic ---outpatient Dry cleaning and laundries* pick-up and delivery stations and self-service Educational occupancies above the 12th grade Electronic data processing Fire and police stations Laboratories; kzdng and research Motor vehicle showrooms Post offices Print shops Professional services (architects, attorneys, dentists, physicians, engineers, etc.) Radio and television stations Telephone exchanges SECTION 306 EDUCATIONAL GROUP E 305.1 Educational Group 1. Educational Group IR occupan- cy.includes, among others, the use of a building or structure, or a portion thereof,, by six or more persons at any one time for edneational pwTms through the 12th grade: 30SI Day care. The use of a building or structure, or portion thereof, for educational, supervision or personal care services for more than five children older than 21/2 yews of age, shall be classified as a Group R occupancy. 26 2000 INTEMATIONAL SU4LDING CODE 47 M AND OCCUPANCY CLASSIFICATION -SECTION 306 FACTORY GROUP F 306.1 Factory Industrial Group F. Factory Industrial Group F occupancy includes, among others, the use of a building or structure, or a portion thereof, for assembling, disassembling, y fabricating, finishing, manufacturing, packaging, repair or J processing operations that are not classified as a Group H hazardous occupancy, 306.2 Factory Industrial F.I. Moderate -Hazard Occupancy. Factory industrial uses which are not classified as Factory Industrial F-2 Low. Hazard shall be classified as F- 1 1 Moderate Hazard and shall include, but not be limited to, the following: Aircraft Appliances Athletic equipment Automobiles and other motor vehicles Bakeries Beverages (alcoholic) Bicycles Boats; building Brooms or brushes Business machines Cameras and photo equipment Canvas or similar fabric Carpets and nip (includes cleaning), . Clothing Construction and. agricultural machinery Disinfectants Dry cleaning and dyeing 131ectric light plants and power houses Electrotrics Engines (including rebuilding) Food processing Furniture Hemp products Jute products Laundries Leather products ,Machinery Metals Millwork (sash & door) Motion pictures and television filming Musical instruments Optical goods Paper mills or products Photographic film Plastic products Printing or publishing Recreational vehicles Refuse incineration Shoes Soaps and detergents 2000 IRMFMAntNdAL SVILOINGi CODES l 306 - 307.2 Textiles Tobacco "hailers Upholstering Wood; distillation Woodworking (cabinet) 306.3 Factory Industrial F-2 Low-Ilaxard Occupancy. Factory industrial uses that involve the fabrication or manu- facturing of noncombustible materials which during finish- ing, packing or processing. do not involve a significant fire hazard shall be classified- as F-2 occupancies and shall include, but not be Iimited to, the following: Beverages (nonalcoholic) Brick and masonry Ceramic products Foundries Glass products oypsrm Ice Metal products (fabrication and assembly) [PI'SECTION 307 HIGH -HAZARD GROUP H 307.1 Hazardous Group H. Hazardous Group H occupancy includes, amtrng others, the use of a building or structure, or a portion thereof, that involves the manufacturing. Process- ing, generation or storage of .materials that constitute a phys- ical or health hazard in quantities in excess of those found in Tables.307.7(1) and 307.7(2). (See also definition of "Control Area".) 307.2 Definiliaus. The following words and terms shall, for the purposes of this section and as used elsewhere in tlrii code, have the meanings shown herein. AEROSOL. A product that is dispensed from an aerosol container by n propellant, Aerosol products shall be classified by means of the cal- culation of their chemical heats of combustion and shall be designated Levvel 1, Level 2 or Level 3. Level 1,perosol products. Those with a total chemical heat of combustion that is less than or equal to 8,600 British thermal units, per pound (Btullb) (20 kJ/g).,' Level 2 aerosol products. Those with a total chemical heat of combustion that is greater than 8,600 BtuAb (20 Wg), but less. than or equal to 13,000 Btullb (30 pig), Level 3 aerosol products. Those with a total chemical heat combustion that is greater than 13,000 Btullb (301c:Ug). AEROSOL CONTAINER. A metal can or a glass or plastic bottle designed to dispense an aerosol. Metal cans shall be limited to a ruaximum size of 33.8 fluid ounces (1000 ml). Glass or plastic bottles shall be limited to a maximum size of 4 fluid ounces (118 ml). 27 48 307.3 - 307.9 Class 1. Materials that in themselves am normally stable but which can become unstableat elevated temperatures and; pressure, WATER -REACTIVE MATERIAL. A iniiiciriali that explodes, violently reacts; produces, flammable, toxic, or otherI hazardous gases; or evolves enough beat to cause self - ignition or ignition of nearby combustibles upon ex pofiure to water or moisture- WAter-reactive materials are subdivided as follows: Class 3. Materiais-iliat newt explosively with water with- out requiring heat or confinement. Claw I Materials that may form ,pqfttia4 explosive mixtures with water. Class 1. Materials .that may react .with water with some release ofenergy, but not violently. 307,3 Gretio H-4 stmefi res. Buildings and structures that contain materials that pose 4 detonation hazard. shall be clas- sified as Group 11- 1. Such materials shall include, but not be limited to.,' Explosives Oiianic iiiiii"s,'unc'lassffied detonable Oxidizm, dass'4 Unsta ble (reactive) materials, C4 M �'A"able and Class 4 Detonable r1rop6ic, materials 31W7A -Group K-2 structures. :Buildings and structures which contain materials that pose a. deflagration. hazard or a hazard from accelerated burning, shall, be classified as Group 11-2. Such materials shall include, but not be limited to,: Class, L or 11 or 111A flammable or combustible liquids that are used or stored in normally open containers or systems, or in closed containers or systems pressurized at inow than 15, pounds per square inch gatige (103 kPa), Combustible dusts Cryogenic, liquids,- flammable Flaffirnable, gases. , 1. . . I Organic peroxides. CWgJ Oxidizers, Claw 3, that we used or stored in normally open containers or systems, or in closed containers or systems pressurized at more than 15 pounds per, silaue inch ga.uge,(103,kft), Pyropboxic liquids, solids, and gases, nondetonablo Unstable (reactive) materials, Class 3, nondooriable, Water -reactive materials, Class,3 . - 307.5-Group H-3 structures. Buildings and ,structures , that contain materials that readily support c9Tbusti.oP or pose a physical h . amd,,s,6,11 be classified as Group H-3. Such'. mate- rials shoal, include W not, be limited to- ,. 32 USE AND OCCUPANCY CLASSIFICATION Class 1,11 or fU A flammable or combustible liquids that are used or stored in normally closed containers or systems pressurized at less than. 1_5 pounds per square inch gauge (103 kPa). Combustible fibers .,Consumer firowarks, 1.440 (Class C, Connnop) Cryogenic liquids, oxidizing Flammable solids Organic peroxides, Class 13 and Clads Ill Oxidizers, Class I and Class 2 Oxidizers, Class 3, that are used or stored in normally ,closed containers or systems pressurized at less than 15 pounds per square inch gauge(103 kft)• Oxidizing gases 1i ;. Unstable (reaptive) materials, Class,2 Water -reactive materials, Glass I2. 307.6 Group H-4 structures. Buildings and structures that OPtam. materials that are health hazards, shall be, classified as Group ti4. Such matcrW, s shot fact . ude, but not be limit- ed to: Corrosives I Highly toxic materials Toxic materials, 307.7 Group H-5 structures, Semiconductor fabrication facilities and comparable research and development areas in 01 which hazardous production materifils,(HPM) are used and the aggragate, quantity of materials is in excess of thou .list- ed in Tables 307.7(1) and 307.7(2). Such faciliticaw'o areas shalt be designed and constructed in accordance with Section 4'15.9. 307.8 Multiple hazards. Buildings and structures containing a material or materials representing fiazards'that are classi- fied in one or more of Groups H-1, H-2. H-3 and HA shall conform to the code requirements' for each of the occupan- cies so elmsified. 307.9�Exeeptiow. The following shill not be classified in Group K but shall be classified in -the occupancy which, they most newly resemble. Hazardous materials in any quantity "I conform to the requirements of this eode,'inbluding Section 414, and the Intemafional Fire Code. 1. Buildings and structures that contain not in= than the maximum allowable quantities per bontr6l area of hazardous materials as shown in Tables 307.70) and 307.1(2) provided that such buildings are maintained in'amordencewith;the infirti4iii*WFWCMO. i 2. Buildings utilizing control areas in accordance with Bection'414.2 that contain not more than th , , , � _1 em"i mum allowable quantities per coWro I I area of haz- ardous materials: as shown in Tables 307.70) and 307.7(2). 1. 200o INTERNATIONAL BUILDING CODES 49 USE AND OCCUPANCY CLASSIFICATION 308 -- 30&4 I 1 J 0 0 0 J 3. Buildings and structures occupied for the applica- tion of flammable finishes, provided that such buildings or areas conform to the requirements of Section 416 and NFPA 33, NFPA 34 and the International Fire Code. 4. Wholesale and retail sales and storage of flammable and combustible liquids in merc=tile occupancies conforming to NFPA 30 and the International Fire Code. 5. Closed systems housing flammable or combustible liquids or gases utilized for the operation of machinery or equipment. 6. Cleaning establishments that utilize combustible liquid solvents having a flash point of 140'F (60°C) or higher in closed systems employing equipment listed by an approved testing agency, provided that this occupancy is separated from all other areas of the building by 1-hour fire -resistance -rated fire bar- rier walls, or horizontal assemblies or both. 7. Cleaning establishments which utilize a liquid sol- vent having a flash point at or above 200V (93'°C). 8. Liquor stores and distributors without balk storage. 9. Refrigeration systems, 10. The storage or utilization of materials for agricul- tural purposes on the premises. 11, Stationary batteries utilized for facility emergency power, uninterrupted power supply or telecommu- nication facilities provided that the batteries are provided with safety venting caps and ventilation is provided in accordance with the International Mechanical Code. 12. Corrosives, shall not include personal or household products in their original packaging used in retail display or commonly used building materials. 13. Buildings and structures occupied for aerosol man- ufacturing or storage shall be classified as Group F- 1 or S-1, provided that such buildings conform to the .requirements of NFPA 30B and the International Fire Code. 14. Display and storage of nonflammable solid and nonflammable or noncombustible liquid hazardous materials in quantities not exceeding the maximum allowable quantity per control area in Group M or S occupancies complying with Section 4141.4. 15, 3'he storage of black powder, smokeless propellant and small arms primers in Groups M and R-3 and special industrial explosive devices in Groups B, F, M and S, provided such storage conforms to the quantity limits and requirements prescribed in the International Fire Code. 2000 INTERNATIONAL EIUILDIN13 CCDE(D SECTION 308 INSTITUTIONAL GROUP 1 308.1 Institutinonal Group L Institutional Group I occupan- cy includes, among others, the use of a building or structure, or a portion thereof, in which people having physical limita- tions because of health or age are harbored for medical tteat- ment or other care or treatment, or in which people are detained for penal or correctional purposes or in which the liberty of the occupants is restricted. Institutional occupan- cies shall be classified as Group 1-1, I-2,1-3 or 1-4. 308,2 Group I.I. This occupancy shall include a building or part thereof housing more than 16 persons, on a 24-hour basis, who because of age, mental disability or other reasons, live in a supervised residential environment that provides personal care services. The occupants are capable of responding to an emergency situatiat without physical assis- tance from staff. This group shall include, but not be lintited to, the followings residential board and care facilities, assist- ed living facilities, half -way houses, group homes, congre. gate care facilities, social rehabilitation facilities, alcohol and drug centers and convalescent facilities. A facility such as the above with five or fewer persons shall be classified as Group R-3. A facility such as above, housing at least six and not more than 16 persons shall be classified as Group R-4. 3OU Group 1-2. This occupancy shall include buildings and structures used for triedical, surgical, psychiatric, nut -sing or custodial care on a 24-hour basis of more than five persons who are not capable of self-preservation. This group shall include, but not be limitod to the followings hospitals, nurs- ing homes (both intermediate care facilities and skilled nurs- ing facilities), mental hospitals and detoxification facilities. A facility sash as the above with five or fewer persons shall be classified as Gawp R-3, 308.&1 Child care fsdlity. A child care facility that provides care on a 24-hour basis to more than five chil- dren 21h years of age cc less shall be classified as Group 1-2. 308A Group 1-3. This occupancy shall include buildings and structures that are inhabited by more than five persons who am under restraint or security. An 1-3 facility is occupied by persons who are generally incapable of self-preservation due to security measures not wider the occupants' control. This group shall 'include, but not be limited to, the following: Prisons, jails, reformatories, detention centers, correctional centers and prerelease centers. Buildings of Group 1-3 shall be classified as one of the occupancy conditions indicated in Sections 308.4.1 through 308.4.5 (see Section 408.1). 33 50 308.4.1 - 310.1 30&4.1 Condition L This occupancy condition shall include buildings in which free movement is allowed from sleeping areas, and other spaces where access or occupan- cy is permitted, to the exterior via means of egress with- out restraint A Condition I facility is permitted to be con- structed as Group R. 300A.2 Condition 2. This occupancy condition shall include buildings in which free movement is allowed from sleeping areas and any other occupied smoke compart- ment to ono or more other smoke compartments. Egress to the exterior is impeded by locked exits. ' 30&4.3 Condition 3. This occupancy condition shall include buildings in which free movement is allowed within individual smoke compartments, such as within a residential unit comprised of individual sleeping rooms and group activity spaces, where egress is impeded by remote -controlled release of means of egress from such a smoke compartment to another smoke compartment. 308.4.4 Condition 4. This occupancy condition shall include buildings in which free movement is restricted from an occupied space. Remote -controlled release is pro- vided to permit movement from sleeping room&, activity spaces and other occupied areas within the smoke cam- pattment to other smoke compartments. 30&4.5 Condition 5. This occupancy condition shall include buildings in which free movement is restricted from an occupied space. Staff -controlled manual release is provided to permit movement from sleeping rooms, activ- ity spaces and other occupied areas within the smoke compartment to other smoke compartments. . 30&5 Group 14 day care fad kk& This group shall include buildings and structures occupied by persons of any age who receive custodial care for less than 24 hours by indi- viduals other than parents or guardians, relatives by blood, marriage, or adoption, and ,in a place other than the home of the person cared for. A facility such as the above with five or fewer persons shall be classified as a Group R-3. Places of worship during religious functions are not included. 308:5.1 Adult care facility,; A faeillty' that provides accommodations for less than 24 hours for more than five unrelated adults and provide supervision and personal care services. 308SI Child care facility. A facility, that provides super- vision and personal care on less than a 24-hour basis for more than five children 21/2 years of age or less shall be classified as Group 1-4. Exception: A child day care facility that provides care for more than five but no more than 1.00 children 2112 36 USE AND OCCUPANCY CLASSIFICATION years or less of age, when the rooms where such chil- dren are cared for are located on the level of exit dis- charge and each of time child carp roorrs has an exit door directly to the exterior, sbal. be classified as Group E. SECTION 309 . MERCANTILE GROUP M 304.1 Mercantile Group M. Mercantile Group M occupan- cy includes, among others, buildings and structures or a por- tion thereof, for the display and sale of merchandise, 'and involves stocks of goods, wares or merchandise incidental to such purposes and accessible to the public. Mercantile occu- pancies shall include, but not be limited to, the following: Department stores Drug stores Markets Motor vehicle service stations Retail or wholesale stores Sales rooms 309.2 Quantity of hmrdoust materials. The aggregate quantity, of nonflammable solid and nonflammable or non- combustible liquid hazardous materials stored or displayed in a single control area of a Group M occupancy shall not exceed the quantities in Table 414.2.4. SECTION 310 RESIDENTIAL GROUP R 310.1 Residential .Group R. Residential Oroup R occupan- cy includes, among others, the use of a building or structure, or a portion thereof, for sleeping accommodations when not classed,as an institutional Group 1. Residential occupancies shall include the following: R-1 Residential occupancies where the occupants are pri- marily transient in nature (less than,30 days) including: Boarding houses (transient) Hotels (including motels) R.2 Residential occupancies containing more than two dwelling units whore the occupants are primarily per- manent in natu re,.including. Apartment houses . Boarding houses (not transient) Convents Dormitories Fraternities and sororities Monasteries R-3 Residential occupancies where the occupants are pri- marily permanent in nature and not classified as R-1, 2000INTERNATIONAL BUILDINGS GWO 51 USE AND OCCUPANCY CLASSIRCA7YON R-2 or 1 and where buildings do not contain more than two dwelling units, or adult and child care facilities that provide accommodations for five or fewer persons of any age for less than 24 hours. R-4 Residential occupancies shalt include buildings arranged for occupancy as Residential Care/Assisted Living Facilities including mom than five but not more than 16 occupants, excluding staff. Group R-4 occupancies shalt meet the requirements for construction as defined for Group R-3 except for the height and area limitations provident in Section 503. 310.2 Def rildons. The following words and terms shall, for the purposes of this section and as used elsewhere in this code, have the meanings shown herein. BOARDING HOUSE, A building arranged or used for lodging for compensation, with or without meals, and not occupied as a single-family unit. DORMITORY. A space in a building where group sleeping accommodations are provided in one room, or in a series of closely associated rooms, for persons not members of the same family group, under joint occupancy and single man- agement, as in college dormitories or fraternity houses. DWELLING UNIT. A single unit providing complete, indc- pendent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking and sanitation. PERSONAL. CARE SERVICE. The care of residents who do not require chronic or convalescent medical or nursing care. Personal care involves responsibility for the safety of the resident while inside the building. RESIDENTIAL CARE/ASSISTED LIVING FACILI- TIES. A building or part thereof housing a maximum of 16 persons, on a 24-hour basis, who because of age, mental dis- ability or other reasons, live in a supervised residential envi- ronment which provides personal care services. The occu- pants are capable of responding to an emergency situation without physical assistance from staff. This classification shall include, but not be limited to, the following: residential board and care facilities, assisted living facilities, halfway houses, group homes, congregate care facilities, social reha- bilitation facilities, alcohol and drug abuse centers and con- valescent facilities. Residential carelassisted living facilities housing more than 16 persons shall be classified as a Group 1.1. 310.3 Required dwelling unit and guesatroom separation. Walls and floors separating dwelling units in the same build- ing, or guostrooms in Group R-1 hotel occupancies, shall be 2000 INTERNATIONAL BUILDING CODE 310.2 - 311.8 fire partitions or horizontal assemblies as required by Sections 708 and 710. SECTION 311 STORAGE GROUP S 311.1 Storage Group S. Storage Group S occupancy includes among others, the use of a building or structure, or a portion thereof, for storage that is not classified as a haz- ardous occupancy. 311.2 Moderate -hazard storage, Group 94. Buildings occupied for storage uses which are not classified as Croup S-2 including, but not limited, to storage of the following: Aerosols. Level 2 and Level 3 Aircraft hangars Bags, cloth, burlap and paper Bamboos and rattan Baskets Belting, canvas and teacher Books and paper in rolls or packs Boots and shoes Buttons, including cloth covered, pearl or bone Cardboard and cardboard boxes Clothing, woolen wearing apparel Cordage Furniture Furs Glues, muci lags, pastes and size Grains Hans and combs, other than celluloid Leather Linoleum Lumber Motor vehicle repair garages complying with the maxi- mum allowable quantities of hazardous materials listed in Table 307.7(l ). (See Section 406.6.) Petroleum warehouses for storage of lubricating oils with a flash point of 200°F (93°C) or higher Photo engravings Resilient flooring Silks Soaps Sugar "tires, bulls storage of Tobacco, cigars, cigarettes and snuff Upholstej And mattresses Wax candles 311..3 Low -hazard storage, Group S•2, includes, among oth- ers, buildings used for the storage of noncombustible materials such as products on wood pallets or in paper cartons with or without single thickness divisions, or in paper wrappings,. Such products may have a negligible amount of plastic trim such as knobs, handles or film wrapping. Storage uses include, but are not limited to, storage of the following: 37 52 312 — 312.1 Asbestos, Beer or wine up to 12-percent alcohol in metal, glass or ceramic containers Cement in bags Chalk and craycrns Dairy products in nonwaxed coated paper otmtainers Dry cell batteries Electrical coils Electrical motors Empty cans Food products Foods ill nonmmb0stible rAntainers Fresh fruits and vegetahles in nonelastic trays or containers Frozen foods talasg Glass bottles, empty or filler) with•noncombustible liquids Gypsum board Inert pigments Ivory Meats Metal cabinets Metal desks with plastic topsand trim ` Metal parts Metals Mirrors dil-filled and other types of distribution transformers Parking garages, open or enclosed Porcelain and pottery Stoves Talc and soapstones Washers and dryers SECTION 312 UTILITY AND MISCELLANEOUS GROUP U 312.1 General. Buildings and structures of art' accessory chcuracter and miscellaneous structures not classified in any specific occupancy shall be constructed, equipped'and main- tained to conform to the requirements of this code eormnen- surate with the fine and life hazard incidental to their occu- pancy. Group U shall include, but not be limited to, the fol- lowing: Agricultural buildings Aircraft hangars, accessory to'a one- or, two-family,wsi- dence (See Section 412,3) , Barns Carports Fattc Wtp than b feet (1829 high Grain silos, accessory to a residential occupancy �entx�usea . Livestock shelters Private garages Retaining walls 38 Sheds Stables Tanks Towers USE AND OCCUPANCY CLnSSIFICATION 2000INTERNATIONAL SUt-WNG OODEO 53 This page left blank on purpose® 54 Meg -Rio To: Albertville City Council; Larry Kruse, City Administrator; Jon Sutherland, Building Inspector From: Mike Couri, City Attorney Date: May 15, 2007 Re: Building Code —Optional Sprinkler Requirement. On October 4, 2004, the Albertville City Council adopted the new state building code with the passage of ordinance no. 2004-17. That ordinance had originally been proposed with the optional sprinkler requirement for commercial, industrial and certain 16+ unit multifamily residential buildings. At the October 4, 2005 Council meeting, the City Council specifically removed the optional sprinkler provision when it passed the ordinance. In late December, 2004, the City Council adopted the City Code, which contained the text of ordinance no. 2004-17. However, the Code provision which 2004-17 became (section 10-2-1B) currently contains the sprinkler provision. We are not sure how the sprinkler provision made its way into the code, but Jon and I are certain that it was in error. Neither Jon nor I knew that the sprinkler provision was in the Code until today, when we were looking at the language in response to discussions at a recent fire department meeting where the fire department asked about the possibility of the City Council adopting the sprinkler provision. The City has not been enforcing the sprinkler provision to date. At this point, the Council must now decide whether it wants to remove the sprinkler provision from the Code and restore this issue to its status as adopted on October 4, 2004, or keep the sprinkler provision in the Code and start enforcing it. Jon Sutherland has prepared a memo on this issue which is included in the Council packet, and I have prepared an ordinance that will remove the sprinkler provision from the City Code if that is what the Council desires. 55 This page left blank on purpose. 56 CITY OF ALBERTVILLE WRIGHT COUNTY STATE OF MINNESOTA ORDINANCE 2007-xx AN ORDINANCE AMENDING THE ALBERTVILLE CITY CODE RELATING TO ADOPTION OF THE BUILDING CODE THE CITY COUNCIL OF THE CITY OF ALBERTVILLE DOES ORDAIN AS FOLLOWS: Section 1. The Albertville City Code Title 10, Chapter 2, Section 1.B. is hereby amended to read as follows: B. The Minnesota state building code, established pursuant to Minnesota statutes sections 16B.59 to 16B.75, allows the city to adopt by reference and enforce certain optional chapters of the most current edition of the Minnesota state building code. The following optional provisions identified in the most current edition of the state building code are hereby adopted and incorporated as part of the building code for the city: None. Section 2. This Amendment shall be effective upon its passage and publication. Adopted by the City Council of the City of Albertville this 21 st day of May 2007. Ron Klecker, Mayor ATTEST: Bridget Miller, Clerk 57 This page left blank on purpose. 58 NORTHWEST ASSOCIATED CONSULTANTS, INC. 4800 Colson Memorial Highway, Suite 202, Golden Valley, MN 55422 Telephone: 763.231.2555 Facsimile: 763.231.2561 planners@naeplanning.eom MEMORANDUM TO: Larry Kruse — City Administrator FROM: Cassie Schumacher-Georgopoulos / Alan Brixius DATE: April 4, 2007 REVISED: April 17, 2007 RE: Albertville — Kennel Ordinance Text Amendment NAC FILE: 163.05 — 07.09 BACKGROUND The City of Albertville has requested changes to the language for kennels and the care of animals in the City Code and Zoning Ordinance. After discussions with the City Council and Albertville residents at the March 19, 2007 Council Meeting, City Attorney Mike Couri presented the Council with City Code amendments for animal control regulations (Exhibit A) on April 2, 2007. Specifically the amendment added new language regarding the allowance of private kennels and the maintenance of commercial and private kennels. Our office has prepared language to update the Zoning Ordinance in response to the changes of the City Code for the care of animals and the allowance of kennels and veterinary clinics within each applicable zoning district. Attached for Reference Exhibit A City Code Amendment relating to Specific Animal Control Regulations Exhibit B Zoning Ordinance Amendment relating to Care of Animals and Zoning Districts The first proposed change to the zoning ordinance is the inclusion of new definitions for private kennels and commercial kennels. Also included is a definition for facilities for keeping animals which is provided for clarity of the requirements in the section Care of Animals. The definition for veterinary clinic has been updated to require a clinic to be owned and operated by a licensed veterinarian. The new definitions are as follows: FACILITIES FOR HOUSING ANIMALS: Any structure designed, built, and/or installed to house animals. K00�Eh: Any plaee where more than two (2) animals ever six (6) months of age are kept 0 harbored, sueh animals being owned or- kept by the evffief of lessee of thEa liefein ef 59 MrYMPFIn KENNEL, COMMERCIAL: any place where: 1) more than two (2) dogs over six months of age are owned, kept, boarded, or bred for purpose of sale; or 2) more than two (2) dogs over six months of age and owned by persons other than the kennel owner are kept or boarded for a fee or other remuneration. KENNEL, PRIVATE: any place where more than two (2) dogs over six months of age owned by the kennel owner are kept for private enjoyment and not for breeding sale a fee or other remuneration. PET SHOP: A place kept or maintained for the exhibition for sale, or sale or purchase of live dojzs, cats, rabbits or other small animals, or any birds, reptiles or fish. Pet shops may include incidental animal grooming and adoption activities, but not animal hospitals veterinary clinics or places selling live bat for fishing, VETERINARY CLINIC: Those uses concerned with the diagnosis, treatment, hospitalization, surgery and medical care of animals, which place is owned and operated by a licensed veterinarian. . In Chapter 2300, regarding to the Care of Animals, we are proposing changes to address the location of animals' facilities. In residential districts the facilities for keeping animals shall maintain the minimum setback from the property line to reduce the impact of an animal(s) on the neighboring property. Commercial and industrial districts will not be allowed to have outdoor facilities for keeping animals in order to reduce the noise and waste nuisances within those areas. The proposed changes are as follows: Chapter 2300.1 Care of Animals F. Disposal facilities shall be provided to minimize vermin infestation odors and disease ha7.ard-._ G. All outdoor facilities for housing or confining animals shall maintain the required minimum principal building setbacks for the applicable residential zoning districts. H. The entrance of all outdoor facilities and/or dog houses shall be oriented towards the interior of the property on which the outdoor facility is located. I. No outdoor facilities for housing commercial kennels or veterinarian clinics shall be constructed within the commercial or industrial districts. Zoning Districts The following table shows the districts in which veterinary clinics and kennels are allowed and the proposed changes to each district regarding clinics and private kennels: Zoning District Current Allowed Use Changes to Use A-1, Agricultural Rural Keeping Animals, Kennels and Animal Hospitals by CUP None* A-2, Agricultural Transitional Keeping Animals, No Kennels None R-IA, Residential Low Density Domestic Animals Addition of Private Kennels R-1, Residential Single Family Domestic Animals Addition of Private Kennels R-2, Residential Single and Two Family Domestic Animals Addition of Private Kennels only to Single Family R-3, Residential Single and Two Family Domestic Animals Addition of Private Kennels only to Single Family R-4, Residential Two Family, Townhouse, Quadraminium Domestic Animals None R-5, Residential Medium Density Domestic Animals None* R-6, Residential High Density Domestic Animals None R-7, Residential Special Purpose, High Density Domestic Animals None R-8, Residential Mixed Housing Domestic Animals None R-MH, Manufactured Housing Residential Domestic Animals Addition of Private Kennels B-2, Limited Business No Kennels or Clinics None B-2A, Special Business Clinics with no overnight care, No Kennels None* B-3, Highway Commercial Clinics with overnight care, No Kennels None* B-4, General Business Clinics with no overnight care, No Kennels None* B-W, Business -Warehousing Clinics with overnight care and kennels None* I-1, Limited Industrial No Clinics or Kennels None L-2, General Industrial No Clinics or Kennels None * Wording of the language was changed to fit ordinance definitions, but not a specific use change unless otherwise noted. The City Code regulates that all commercial kennels shall be operated as part of a veterinary clinic at the same location; therefore, commercial kennels shall only be allowed in the A-1 61 district and B-W district as is stated by the ordinance. The Code also regulates that no kennel may house more than 30 dogs at one time. The proposed changed to the zoning districts is primarily to allow private kennels in single and two-family district, while providing some clarity for clinics in the agricultural and business districts. Attached are the recommended Ordinance changes found in Exhibit B. We are seeking discussion, and recommended changes or concerns for the approval of the proposed amendments. Pc Mike Couri Bridget Miller Adam Nafstad Jon Sutherland 62 CITY OF ALBERTVILLE WRIGHT COUNTY STATE OF MINNESOTA ORDINANCE 2007-xx AN ORDINANCE AMENDING APPENDIX A, CHAPTER 200, CHAPTER 2300, AND CHAPTERS 3100 — 4850 RELATING TO SPECIFIC THE KEEPING OF ANIMALS WITH IN THE CITY OF ALBERTVILLE THE CITY COUNCIL OF THE CITY OF ALBERTVILLE, MINNESOTA ORDAINS: SECTION 1. Appendix A, Chapter 200.2 relating to the definitions of commercial and private kennels and veterinary clinics are hereby amended to read as follows: FACILITIES FOR HOUSING ANIMALS: Any structure designed, built, and/or installed to house animals. KENNEL COMMERCIAL: any where: 1) more than two (2) dogs over six months of age are owned kept, boarded, or bred for purpose of sale; or 2) more than two (2) dogs over six months of age and owned by persons other than the kennel owner are kept or boarded for a fee or other remuneration. KENNEL PRIVATE: any where more than two (2) dogs over six months of age owned by kennel owner are kept for private enjoyment and not for breeding sale, a fee or other remuneration. PET SHOP: A place kept or maintained for the exhibition for sale, or sale or purchase of live dogs cats rabbits or other small animals, or any birds, reptiles or fish. Pet shops may include incidental animal grooming and adoption activities, but not animal hospitals, veterinary clinics, or places selling live bat for fishing. VETERINARY CLINIC: Those uses concerned with the diagnosis, treatment, hospitalization, surgery and medical care of animals, which place is owned and operated by a licensed veterinarian. ineluding animalpet hesp tall 63 SECTION 2. Appendix A, Chapter 2300.1 relating to the care of animals is hereby amended to read as follows: Domestic animals kept within any zoning district and farm animals kept within the agricultural districts shall be subject to the following requirements: A. The size, number, species, facilities for and location of animals kept shall be maintained so as not to constitute a danger or nuisance by means of odor, noise or other elements. B. The person caring for any animal(s) shall be of sufficient age, knowledge and experience to adequately and safely care for and control the animal(s). C. Facilities for housing animal(s) shall be: 1. Constructed of such material as is appropriate for the animal(s) involved. 2. Maintained in good repair. 3. Controlled as to temperature, ventilated and lighted compatible with the health and comfort of the animal(s). 4. Of sufficient size to allow each animal to make normal postural and social adjustments with adequate freedom of movement. Inadequate space may be indicated by evidence of malnutrition, poor condition of debility, stress or abnormal behavior patterns. 5. Cleaned as often as necessary to prevent contamination of the animal(s) contained therein and to minimize disease hazards and reduce odors. D. Animals shall be provided wholesome, palatable food and water free from contamination and of sufficient quantity and nutritive value to maintain all animals in good health. E. Animals kept in pet shops or kennels shall be kept in accordance with regulations for pet shops and kennels in addition to the regulations provided by this ordinance. (Ord. 1988- 12, 12-19-1988) F. Disposal facilities shall be provided to minimize vermin infestation odors and disease hazards. G. All outdoor facilities for housing or confining animals shall maintain the required minimum principal building setbacks for the applicable residential zoning districts H. The entrance of all outdoor facilities and/or dog houses shall be oriented towards the interior of the property on which the outdoor facility is located. I. No outdoor facilities for housing commercial kennels or veterinarian clinics shall be constructed within the commercial or industrial districts. MA SECTION 3. Appendix A, Chapter 3100.4: relating to conditional uses in the A-1, Agricultural Rural District is hereby amended to read as follows: C. Commercial riding stables, kennels, animal haspiads veteringa clinics with overnight care and similar uses; provided, that: 1. Any building in which animals are kept, whether roofed shelter or enclosed structure, shall be located a distance of one hundred feet (100') or more from any lot line. 2. The animals shall, at a minimum, be kept in an enclosed pen or corral of sufficient height and strength to retain such animals. Said pen or corral may not be located closer than one hundred feet (100') from a lot line. 3. The provisions of Minnesota pollution control agency regulations SW 53 (2), as may be amended, are complied with. 4. All other applicable state and local regulations pertaining to nuisance, health and safety conditions, etc., are complied with. 5. The provisions of subsection 400.2F of this ordinance are considered and satisfactorily met. 6. All requirements of chapter 2300 of this ordinance and 6-2-18 of the City Code are met. SECTION 4. Appendix A, Chapter 3250.3 relating to accessory uses in the R-lA, Residential Low Density Single Family District is hereby amended to read as follows: C. The keeping of domestic animals and private kennels on single family lots only per chapter 2300 of this ordinance and 6-2-18 of the City Code. D. Buildings and structures for the keeping of domestic animals per chapter 2300 of this ordinance and 6-2-18 of the City Code. SECTION 5. Appendix A, Chapter 3600.2 relating to accessory uses in the R-4, Residential Medium Density Multiple -Family District is hereby amended to be as follows: A. All accessory uses as allowed in an R-3 district (section 3500.2 of this ordinance) except for private kennels. (Ord. 1988-12, 12-19-1988) SECTION 6. Appendix A, Chapter 4100.3 relating to accessory uses in the R-MH, Manufactured Housing Residential District is hereby amended to read as follows: A. Any accessory use allowed in an A-2 district (section 3200.3 of this ordinance), exeept except the keeping of animals and buildings and structures related thereto. 65 B. Community laundry facilities, storm shelter, park office, and recreational building(s); provided that such structures are of a permanent nature and comply with the provisions of the state building code. (Ord. 1988-12, 12-19-1988) C. The keeping of domestic animals and private kennels per chapter 2300 of this ordinance and 6-2-18 of the Cites D. Buildings and structures for the keeping of domestic animals per chapter 2300 of this ordinance and 6-2-18 of the City Code. SECTION 7. Appendix A, Chapter 4350.2 relating to permitted uses in the B-2A, Special Business District is hereby amended to read as follows: A. Animal veterinary clinics (small animal) (with no overnight care), as regulated by chapter 2300 of this ordinance. SECTION 8. Appendix A. Chapter 4400.2 relating to permitted uses in the B-3, Highway Commercial District is hereby amended to read as follows: B. Animal veterinary clinics with overnight care, as regulated by chapter 2300 of this ordinance. SECTION 9. Appendix A, Chapter 4500.2 relating to permitted uses in the B-4, General Business District is hereby amended to read as follows: B. Animal veterinary clinics (with no overnight care), as regulated by chapter 2300 of this ordinance. SECTION 10. Appendix A, Chapter 4501.2 relating to permitted uses in the BW, Business - Warehousing District is hereby amended to read as follows: B. Animal veterinary clinics with overnight care, as regulated by chapter 2300 of this ordinance. THIS AMENDMENT SHALL BE IN FULL FORCE AND EFFECTIVE IMMEDIATELY FOLLOWING ITS PASSAGE AND PUBLICATION Adopted by the City Council of the City of Albertville this 21" day of May 2007. e$ NORTHWEST ASSOCIATED CONSULTANTS, INC. 4800 Olson Memorial Highway, Suite 202, Golden Valley, MN 55422 Telephone: 763.231.2555 Facsimile: 763.231.2561 planners@nacplanning.com MEMORANDUM TO: Larry Kruse, City Administrator FROM: Cassie Schumacher-Georgopoulos / Alan Brixius DATE: March 6, 2007 Updated: May 3, 2007 RE: Albertville — Freeway Sign Heights NAC FILE: 163.06 — 07.03 BACKGROUND Through discussion of the City Planner the issue has risen about controlling the height of commercial signs on lots with freeway frontage. Currently there are a minimum number of signs which have taken advantage of the allowed extended height along the freeway. There are only a few taller signs primarily because the commercial frontage of the freeway has been limited to a small area of the community. However, with current discussions of land use changes, more land along the I-94 corridor may be opened to commercial use. The expansion of the commercial use will allow for more 75 foot signs to be constructed with the City of Albertville along its main traffic corridor. Primarily three signs have been the focus of concerns for signs allowed at the extended height. Two of the current signs are 75 feet, while the third is 71 feet tall (Exhibit B). While these signs are allowed by the Ordinance, the taller sign were negotiated through a PUD. ISSUE ANALYSIS The following table is a brief presentation of the information presented at the February 13, 2007 Planning Commission meeting. The table illustrates how Albertville compares with city's sign height along the I-94 corridor from Maple Grove to Monticello. 67 Table: Citv Siian Heiizhts alona the I-94 Corridor City Allowed Height District (Maximum) Albertville 75' Freeway Oriented Uses within 100 feet of I-94 30' Billboards or Advertising Devices Maple Grove 6' to 15' or as Freeway Frontage District determined by the City Council Rogers — recently amended 30' or as approved Regional Business sign Overlay through a Site Plan District Review St Michael 30' Shopping Centers Otsego 50' Freeway Corridor Sign District Monticello 32' Freeway Bonus District 50' Shopping Centers greater than 150,000sgft Many of the communities illustrated in this table face the same concern as Albertville for site lines to signs close to the over passes. However, Albertville has the tallest allowance for freeways signs, which is 45 feet taller than the maximum allowed in the rest of the community. Monticello's Freeway Bonus District is in place for signs along "freeways and express" and limits all pylon sign heights to 32 feet unless they are for a shopping center greater than 150,000 square feet. Albertville's requirement for the advertising devises limits the height of the signs to be no more than 30 feet from the ground. To be consistent with other communities and to reduce the visual impact of the tall signs on residential neighborhoods and the community as a whole, Albertville should look into reducing its maximum sign height for signs along the freeway. While it may not be perceived to be a major problem at the moment; further expansion of the commercial areas will only open the possibility of having more of these signs in the future. Recommendations The attached Ordinance amendment is reflective of discussion of the Planning Commission during the March 2007 and April 2007 Planning Commission Meetings. Pc Mike Couri Bridget Miller Adam Nafstad Jon Sutherland CITY OF ALBERTVILLE WRIGHT COUNTY STATE OF MINNESOTA ORDINANCE 2007-xx AN ORDINANCE AMENDING SECTION 10-7-8 OF CHAPTER 7 RELATING TO PERMITTED BUSINESS SIGNS THE CITY COUNCIL OF THE CITY OF ALBERTVILLE, MINNESOTA ORDAINS: SECTION 1. Section 10-7-8 A.3.i relating to permitted business signs is hereby amended to read as follows: i. In lieu of a ground sign, one pylon sign shall be permitted on any lot in a commercial district or on any lot used for a gasoline service station in a commercial district, subject to the regulations in subsections A3b through A3h of this section, inclusive. Notwithstanding any height restrictions in this chapter or any other ordinance of the city, the maximum structure height (in feet) of any such pylon sign for service station or freeway oriented business uses within a strip of land one hundred feet (100') in width immediately adjacent to and along Interstate Highway 94 (excluding any intervening street or railroad right of way) shall be as set in this subsection A3i and shall be fifty feet 50' at existing_ grade. seventy five feet (75') but ; no event hl t f tl,o „ I 11.gher than shall aro0 thettsand thil y thfee feet (1�') ye sea level ATGVP 1929. The beneh ,Y,.,rk ; elevation 979.219 feet at bridge leek on East 94-iz at 19. "Ffeo.,.ay o e tobusiness a uses" >hotels,fast food establishmef4s, 0 station restaur- „tom, and o similar.- 0 THIS AMENDMENT SHALL BE IN FULL FORCE AND EFFECTIVE IMMEDIATELY FOLLOWING ITS PASSAGE AND PUBLICATION Adopted by the City Council of the City of Albertville this 21St day of May 2007. This page left blank on purpose. BO LTON 86 Consulting Engineers & Surveyors 7533 Sunwood Drive • Suite 206 • Ramsey, MN 55303 Phone (763) 433-2851 • FAX (763) 427-0833 May 16, 2007 Mr. Larry Kruse, City Administrator City of Albertville 5975 Main Avenue NE, P.O. Box 9 Albertville, MN 55301 RE: Award of Contract 2007 Seal Coat Improvements City of Albertville, MN BMI Project No. R13.39187 Honorable Mayor and City Council Members: Below is a tabulation of bids received and opened on May 1 lth, 2007, for the above referenced project. A total of three (3) bids were received with quotes ranging from $24, 499.60 to $33,529.92. TABULATION OF BIDS Engineer's Estimate $27,430.00 Pearson Bros. Inc. $24,4.99.60 Allied Blacktop Company $26,464.80 Astech Asphalt Surfacing $33,529.92 As highlighted in the table above, Pearson Brothers, Inc. of Hanover, Minnesota, submitted the low bid for the project. Pearson Brothers, Inc. has completed several projects in the area and has successfully completed the City's seal coat projects for the last two year. It is therefore recommended that the contract in the amount of $24,499.60 be awarded to Pearson Brothers, Inc. I will be at your May 21 st City Council Meeting to present this information and discuss any questions you may have concerning your project. Sincerely, BOLTON & MENK, INC. """ woad Adam Nafstad, P. E. Assistant City Engineer cc: Brain Yavarow, BMI 71 This page left blank on purpose. 72 CITY OF ALBERTVILLE COUNTY OF WRIGHT STATE OF MINNESOTA RESOLUTION NO.2007-xx RESOLUTION AWARDING CONTRACT LOW BID FOR 2007 SEAL COAT PROJECT WHEREAS, plans and specifications for seal coating certain City streets have been prepared by Bolton & Menk, Inc. and has presented such plans and specification to the Albertville City Council for approval; and WHEREAS, bids have been solicited in an attempt to determine the cost of the improvement. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Albertville, Minnesota, as follows: 1. Such plans and specifications, which copies are on file with the City Clerk, are hereby approved. 2. All bids for said project were duly opened at the City Hall on May 11, 2007, after advertising for bids according to law; and 3. The bid of Pearson Bros. Inc., said "Low Bidder" for BID B in the amount of $24,499.60 for the construction of said improvements in accordance with the plans and specifications and advertisement for bids is the lowest responsible bid. 4. Said bids of said Low Bidder are accepted and awarded. 5. The Mayor and City Clerk are hereby authorized and directed to enter into a contract with said "Low Bidder" for the construction of said improvements for and on behalf of the City of Albertville. 6. The City Clerk is hereby authorized and directed to return forthwith to all bidders the deposits made with their bids, except the deposit of the successful bidder. Approved by the City Council of the City Albertville this 21 st day of May 2007. 73