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2007-09-04 CC Packet ~ ~~~..!!ilL€ City of Albertville Council Agenda SEPTEMBER 4, 2007 7:00 PM The City of Albertville welcomes and encourages public input on issues listed on the agenda or of general community interest. Advertised public hearings are scheduled as such so that the public is afforded an opportunity to speak. Citizens wishing to address the Mayor and Council regarding specific agenda items, other than public hearings should indicate so and will be afforded an opportunity during the discussion of said item, Council willing and time permitting. Citizens wishing to speak on matters not listed on the agenda (or items on the agenda that did not include an opportunity to speak) are always afforded the opportunity to do so under the heading "Citizens Addressing the Council", usually scheduled at the beginning and end of the agenda. Presentations are limited to three (3) minutes. In any case, citizens are asked to complete a 'Request to Speak Card'. 1. PLEDGE OF ALLEGIANCE 2. CALL TO ORDER - ROLL CALL - ADOPT AGENDA 3. RECONGNITIONS/PRESENT A TIONS/INTRODUCTIONS 4. APPROVE MINUTES: August 20, 2007 5. CITIZEN ADDRESSING THE COUNCIL - (5 minute limit) 6. * CONSENT AGENDA All items with an asterisk (*) are considered to be routine by the City Staff and will be enacted by one motion. There will be no separate discussion ofthese items unless a Council member so requests. In such event, the item will be removed from the General Order of Business and considered in its normal sequence on the agenda. 7. MAYOR AND COUNCIL REPORTS/APPOINTMENTS 8. CSAH 19 SOUTH IMPROVEMENT PROJECT A. Approve Resolution No. 2007-79 entitled a Resolution Adopting the Assessment Roll 9. PUBLIC HEARINGS City of Albertville Council Agenda September 4, 2007 Page 2 of 4 10. DEPARTMENT BUSINESS A. Building Department B. Public Works Department 1). Public Works and Parks Maintenance 2). Wastewater Treatment Plant C. Finance Department 1). *Approve Resolution No. 2007-83 entitled a Resolution to Approve the September 4,2007 Payment of Claims (Bills) 2). * Approve Resolution No. 2007-60 entitled a Resolution Setting the Stormwater Utility Rates 3). * Accept Accounts Receivable Update and Capital Project Status Report 4). Approve Resolution No. 2007-84 entitled a Resolution Authorizing a Reduction in the Albertville Laundromat Utility Bill D. City Clerk 1). Approve Licenses and Bonds E. Planning and Zoning 1). * Approve Resolution No. 2007-81 entitled a Resolution Approving a Conditional Use Permit (CUP) for DJs Heating and Air Conditioning, Inc. located at 6060 LaBeaux Ave NE within the City of Albertville 2). * Approve Resolution No. 2007-xx entitled a Resolution Authorizing Staffto Prepare a Flood Plain Ordinance and Subject to its Approval Submit an Application to the Federal Emergency Management Agency (FEMA) for Inclusion in the National Flood Insurance Program 3). * Approve Ordinance No. 2007-11 entitled an Ordinance Amending Title 4 Section 4-2-5 Relating to Coin Operated Amusement Devices 4). Accept City Planners Project Status Update F. Engineering 1). * Approve Resolution to reduce the Letter of Credit for Towne Lakes 4th Addition 2). * Approve Resolution to reduce the Letter of Credit for the Albertville Medical Clinic 3). Accept the Assistant City Engineer's Project Status Update G. Legal 1). Approve Resolution to reduce the Letter ofCredit(s) for Prairie Run Addition (otherwise known as Gold Key Development) 2). Accept the City Attorney's Update City of Albertville Council Agenda September 4, 2007 Page 3 of 4 H. Fire Department 1). * Approve Resolution No. 2007-82 entitled a Resolution Establishing the Annual Retirement Benefit for the Albertville Volunteer Fire Department effective January 1,2008 I. Administration 1). Accept the City Administrator's Written Report J. Citizens Addressing the Council (continued if necessary) K.ANNOUNCEMENTS September 10 6:00 p.m. 10 7:30 p.m. 11 7:00 p.m. 17 7:00 p.m. 24 6:00 p.m. 24 7:00 p.m. 25 7:00 p.m. STMA Ice Arena Board meeting Parks and Recreation Committee meeting Planning and Zoning Commission meeting City Council meeting Joint Water Board meeting Council Workshop (if necessary) Joint Albertville Council & Otsego Council meeting , 11. ADJOURNMENT "'i!...,.,... \.-',," "":-'."\1'., .~,.,\. \.. ,; ,..<~;., "":<""'_." '. City of Albertville Council Agenda September 4, 2007 Page 4 of 4 AFFIDAVIT OF POSTING STATE OF MINNESOTA ) ) SS. COUNTY OF WRIGHT ) Tracey Nubbe, being first duly sworn, says that on the 31 st day August 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. .~ lit Subscribed and sworn to before me this~day of Ji~ ,2007. ~4~\j Notary Pub. - _._____.___~_-1f9~-rJ~.~.J'1I ."-PII'''.-- ..--................-.....- , n -y--- BRIDGET MARIE MILLER NOTARY PUBLIC-MINNESOTA \ . '" "".".. f ~,. ,. ". "'. . . ~ ~~~~!'!tll€ Memorandum Date: August 31, 2007 To: Mayor Klecker and City Council Members Larry R. Kruse cWK From: Re: Agenda Format Mayor Klecker and I have been working to reformat the agenda and we ask your cooperation to give this a try. Basically the (*consent agenda) items are disbursed throughout the agenda marked with an asterisk (*). This allows those items that are pulled to be addressed in there respective order on the agenda. For example the "*Payment of bills" are on the consent agenda in the Finance section of the agenda. If the Mayor or a Council Members wants to pull a check, the payment of bills would be pulled from the consent agenda and addressed during the Finance Department section of the agenda. The check questions asked and a motion to approve all the bills would be made, possibly with exceptions. There are a number of items on the consent agenda. Consent items are those that staff feels are not controversial, are somewhat routine business or have been discussed at length already. For this agenda, Mayor and I reviewed and discussed which items to bring forward as consent items. If you have a question, please don't hesitate to give me a call or pull the item. C:\Documents and Settings\lkruse\Desktop\Letter Head.doc City of Albertville Memorandum August 31, 2007 Page 2 of2 Other changes include a comprehensive report on the subject, thus creating a story that one can read and hopefully understand most of the issues and options. The report will basically follow the following format: SUBJECT: RECOMMENDATION: BACKGROUND: KEY ISSUES: POLICY CONSIDERATIONS: FINANCIAL CONSIDERATIONS: LEGAL CONSIDERATIONS: Following the report will be support information and a draft or sample resolution to amend or adopt documenting this action. Thank you in advance for your patience and willingness to give this a try. C:\Documents and Settings\lkruse\Desktop\Letter Head.doc Mayor and Council Communication ~ ~~~!!~UI~ ALBERTVILLE CITY COUNCIL August 20, 2007 MINUTES Albertville City Hall 7:00 PM PRESENT: Mayor Ron Klecker, Council members John Vetsch, LeRoy Berning, Dan Wagner, and Tom Fay, Assistant City Planner Cassie Schumacher-Georgopoulos, City Attorney Mike Couri, Assistant City Engineer Adam Nafstad, City Administrator Larry Kruse, Finance Director Tina Lannes, Public Works Supervisor Tim Guimont, and City Clerk Bridget Miller ABSENT: none OTHERS PRESENT: Sandy Greninger with Family Youth Community Connections (FYCC) 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 adding and removing the following items: Adding: 5.B. 70th StreetNE Joint Road Improvement Agreement Move: 9.G.3. 57th Street NE South Sidewalk Project (for earlier discussion) Motion carried mJ-animously. MINUTES MOTION BY Council member Wagner, seconded by Council member Berning to approve the Wednesday, August 1,2007 joint Albertville City Council and Otsego City Council minutes as presented, and on file in the office of the City Clerk. Motion carried unanimously. 1 Mayor and Council Communication - September 4, 2007 City Council August 20, 2007 minutes Page 2 of 11 MOTION BY Council member Wagner, seconded by Council member Fay to approve the Monday, August 6, 2007 regular City Council minutes as presented, and on file in the office of the City Clerk. Motion carried unanimously. MOTION BY Council member Fay, seconded by Council member Berning to approve the Monday, August 13,2007 special City Council 2008 Budget Workshop and Closed Session minutes as presented, and on file in the office ofthe City Clerk. Mayor Klecker, Council members Berning and Fay voted aye. Council members Vetsch and Wagner abstained from voting. 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. Noel LaBine with the Wright County Economic Partnership was present to give an overview of the partnership. Mr. LaBine began by informing the Council that the Wright County Economic and Development Partnership began 14 years ago. Within those 14 years, the partnership has compiled information from each city to create a profile of the county and a website has been created. Besides the profile and website, other ways the partnership assists each city is the task of fielding calls from business entrepreneurs that are interested in locating within Wright County. The partnership has created and maintains a contact information list. Mr. LaBine reported that the partnership attends business meetings throughout the metro area and promotes Albertville as a place to locate a business. LaBine went on to talk about upcoming events, which includes one being held in October at the Albertville city offices. OTSEGO'S PRESENTATION ON 70TH STREET IMPROVEMENTS Cit6' Attorney Couri began by asking the Albertville Council to consider approving the Joint 70t Street NE Road Improvements prior to approving the resolution for the plans and specs and authorization to solicit bids. MOTION BY Council member Fay, seconded by Council member Wagner to approve the Joint City of Albertville and City of Otsego Joint 70th Street NE Road Improvement Agreement as presented, and on file in the office of the City Clerk. Motion carried unanimously. M:\Public Data\City Council\Council Packet infonnation\2007\09-04-07\09 04 2007 Council Minutes.doc Agenda Item No.4. Meeting Date September 4,2007 2 Mayor and Council Communication - September 4, 2007 City Council August 20, 2007 minutes Page 3 of 11 AOOfove Resolution No. 2007-72 entitled a Resolution AOOfovinQ the Plans and Soecifications and Authorize the Solicitation of Bids Mayor Klecker asked Otsego City Administrator Mike Robertson and Otsego City Engineer Ron Wagner to approach the podium to present to the Council the 70th Street NE Improvement Agreement. Mr. Wagner informed the Council that Otsego City Council recently met, in which the Council approved the Joint 70th Street NE Road Improvement Agreement. Wagner went on to explain that Otsego is seeking Albertville's cooperation by approving the resolution for the plans and specifications for the joint 70th Street NE Road Improvement and authorize Otsego to advertise for bids. Wagner reviewed a time frame for the improvement, which included advertising for bids that would be opened by September 4. The bid results will be forwarded to Albertville for review and approval. City Attorney Couri reminded the Council of the Agreement Between the City of Otsego, City of Albertville, and Wright County Regarding Improvements to 70th Street NE, which was discussed at a joint meeting earlier. The agreement covers the portion of 70th Street NE that is located between CSAH 19 and MacIver Avenue NE. Couri brought to the Council's attention that a 28-foot wide bituminous road will be installed, therefore, eliminating the existing 24- foot wide road. MOTION BY Council member Wagner, seconded by Council member Vetsch to approve Resolution No. 2007-72 entitled a Resolution Approving the Plans and Specifications and Authorize the Solicitation of Bids as presented, and on file in the office of the City Clerk. Motion carried unanimously. CONSENT AGENDA MOTION BY Council member Wagner, seconded by Mayor Klecker to approve the consent agenda pulling item K and check number 024660. A. Approve payment of claims check numbers 024624 to 024675 B. Approve Resolution No. 2007-70 entitled a Resolution Adopting the 2007 Tax Levy Collectible in 2008 C. Approve Resolution No. 2007-71 entitled a Resolution Adopting the 2008 Preliminary Budget D. Accept a Donation of Gambling Funds from the Albertville Lions in the amount of $250 and make a donation to the Great River Library in the amount of $250 E. Approve Bolton & Menk, Inc. Engineer's recommendation for Application for Payment No. 1 and Final for 2007 Seal coat Project to Pearson Bros., Inc. in the amount of $24,499.60 F. Approve the Bolton & Menk, Inc. Engineer's recommendation to reduce the Letter of Credit for Towne Lakes 4th Addition from $200,000 to $52,000 M:\Public Data\City Council\Council Packet infonnation\2007\09-04-07\09 04 2007 Council Minutes.doc Agenda Item No.4. Meeting Date September 4,2007 3 Mayor and Council Communication - September 4, 2007 City Council August 20, 2007 minutes Page 4 of 11 G. Approve the Bolton & Menk, Inc. Engineer's recommendation to reduce the Letter of Credit for Lake Community Bank (Albertville Crossings 3rd Addition) from $9,000 to $450 H. Approve Resolution No. 2007-75 entitled a Resolution Setting Various Fees for Services I. Set Tuesday, September 25,2007 as a joint meeting with Otsego City Council to begin at 7 :00 p.m. to be held at the Albertville City Offices in the Council Chamber J. Set Monday, December 3, 2007 for the 2007 Truth-in- Taxation Hearing beginning at 6:30 p.m.; and Monday, December 10, 2007 beginning at 7:00 p.m. to continue the Truth-in- Taxation Hearing if necessary K. Accept the Agreement for Services for Animal Control Motion carried unanimously. ACTION ON PULLED CONSENT ITEMS Item number K Mayor Klecker inquired if the City could include language in the Animal Control Service Agreement that would require some type of tracking device be implanted in the animals. ,City Attorney Couri reported that language to that effect could be incorporated into the agreement. There was discussion regarding the insurance portion of the agreement to be added into the agreement. MOTION BY Mayor Klecker, seconded by Council member Wagner to table the Acceptance of the Agreement for Services for Animal Control until the September 4,2007 Council meeting or soon thereafter amending the language to add the tracking device implant and incorporating additional insurance information pertaining to insurance. Motion carried unanimously. Check number 024660 Council wanted clarification as to what service Onvoy, Inc. is providing to the City. Finance Director Lannes reminded the Council the service Onvoy, Inc. is providing is phone and data network service for City Offices, Public Works, and the Fire Hall. This service does not include the Wastewater Treatment Plant and various park shelters. The type of service is a T -1 line, which is more cost effective compared to the previous service from Sprint. MOTION BY Council member Berning, seconded by Council member Wagner to approve payment of check number 024660 in the amount of $1 ,203.98 to Onvoy, Inc. for monthly service of a T -1 phone and data network line. Motion carried unanimously. M:\Public Data\City Council\Council Packet infonnation\2007\09-04-07\09 04 2007 Council Minutes.doc Agenda Item No.4. Meeting Date September 4, 2007 " -:E Mayor and Council Communication - September 4, 2007 City Council August 20, 2007 minutes Page 5 of 11 PUBLIC HEARING There were no public hearings scheduled for this meeting. DEPARTMENT BUSINESS FAMILY YOUTH COMMUNITY CONNECTIONS (FYCc) - BRIEF UPDATE ON FYCC Mayor Klecker invited Ms. Greninger to approach the podium to give a presentation on FYCC. Sandra Greninger began by thanking the Council for the continued support and past donations. Greninger reported that approximately nine years ago the Wright County Family Services Collaborative had funds to assist with forming a Family Youth Community Connections service. Ms. Greninger was offered the job to head up the service within the Albertville and St. Michael area. Over the years FYCC has been able to put on various events that would promote healthy families, healthy youth and healthy communities. Ms. Greninger noted that FYCC is one part of the City of Albertville, City of St. Michael or the ,STMA School District. FYCC is a separate entity, but works very closely with all three of these entities. Ms. Greninger reviewed the many events that FYCC held over the 2006-2007 calendar year. Greninger noted that in one way or other the events touched approximately 3,500 families in the area. Greninger reported the reason for the presentation is to ask for Albertville's continued support. Over the past couple of years the amount of funding from Wright County Family Services Collaborative has been reduced. Council inquired about the amount of money coming from concessions; about the amount of time spent on scheduling baseball, softball, or soccer along with the concessions. Along with the concessions; Council asked about the amount of funding FYCC receives from the State and or County. Greninger reported that a considerable amount of time is applied towards coordinating the concession stands and scheduling of the ball games in Albertville as well as St. Michael. The amount of money coming from the concession stands is minimal. FYCC allows other non-profit organizations to run the concession stands and the profits go to the non-profit organization. Greninger informed the Council that the main Board meets four times a year; and the executive board meets on a monthly basis. M:\Public Data\City Council\Council Packet infonnation\2007\09-04-07\09 04 2007 Council Minutes.doc Agenda Item No.4. Meeting Date September 4,2007 5 Mayor and Council Communication - September 4, 2007 City Council August 20, 2007 minutes Page 6 of 11 PUBLIC WORKS DEPARTMENT Public Works Supervisor Guimont asked the Council if they had any questions or concerns regarding the PW Department. Council inquired about an update on the status of the growth of the reed beds. Guimont reported that Superintendent Middendorf would be able to give a better update on the progress of the reed beds than Guimont could. Uodate on 57th Street NE South Sidewalk Project (discussion) Assistant City Engineer N afstad informed the Council that PW Supervisor Guimont and himself met with Ms. Youngdahl to discuss the 5ih Street NE south sidewalk project. Nafstad reported that Ms. Youngdahl had concerns with the increased amount of bar traffic the sidewalk would create. Nafstad noted that Ms. Youngdahl was present in the audience , 'to express other potential concerns or address questions the Council may have. Ms. Youngdahl brought up the concern that in the future, the Council may eventually widen 57th Street NE to include a right turn lane. Should the Council decide to widen the street to incorporate a right turn lane, what happens to the sidewalk? Will the sidewalk be terminated or will it be moved further into the property to the point that it ends up next to the house. Council stated that at this time there is no consideration of expanding 57th Street NE. Nafstad demonstrated the proposal to install a partial fence that will give some form of privacy for the resident. Nafstad reported that near the corner of 5ih Street NE and Main Avenue NE to plant some low growing plantings that is open for visibility yet discourage pedestrians from walking across the lawn. City Attorney Couri reviewed the process and confirmed the possibility that "yes" the City could condemn the property should the City consider widening 57th Street NE at Main Avenue NE intersection. In order to condemn the property, the City would obtain appraisals to calculate the value being condemned. Council directed staff to continue with the 57th Street NE south sidewalk project to be presented at a future meeting. Staff will work with Ms. Youngdahl to address some of the concerns such as the partial privacy fence, low growing shrubs, and possibly a couple of trees for shade. M:\Public Data\City Council\Council Packet infonnation\2007\09-04-07\09 04 2007 Council Minutes.doc Agenda Item No.4. Meeting Date September 4, 2007 6 Mayor and Council Communication - September 4, 2007 City Council August 20, 2007 minutes Page 7 of 11 FINANCE DEPARTMENT Uodate on Albertville Laundromat Finance Director Lannes presented the findings from other cities water rates with Laundromats in comparison to the Albertville Laundromat utility bill. Staff found two cities within the area that have Laundromats. The utility fees charged were either based on commercial rates or other forms of business discounted rates. Lannes reminded the Council that Joint Powers Water Board will be meeting on Monday, August 27 to review the request from the owner of the Albertville Laundromat. Council inquired about Albertville possibly considering a commercial utility rate. Lannes noted that Albertville could consider applying a commercial water utility fee, which is the smaller ofthe two rates. Lannes reported that Joint Powers portion is higher, because JP is the entity that runs and maintains the treatment plant. Lannes brought to the Council's attention that the owner, Mr. John Jones, was present to express concerns regarding the utility bill. 'Mr. Jones shared with the Council that the Laundromat opened approximately eleven years , ago. At that time, the utility bills appeared to be reasonable. It wasn't until recently that the bills went up a considerable amount. Lannes reported additional information will be presented at the September 4,2007 Council meeting, which will incorporate the outcome of the Joint Powers Water Board meeting. Aoorove Resolution No. 2007-73 entitled a Resolution AcceotinlZ the Caoital ImDfovement Plan (CIP) Finance Director Lannes asked for Council to accept the Capital Improvement Plan (CIP) that was discussed during the Budget Workshops. MOTION BY Council member Berning, seconded by Council member Fay to approve Resolution No. 2007-73 entitled a Resolution Accepting the Capital Improvement Plan (CIP) as amended, removing the I-ton truck with plow for 2008 under Vehicles and on file in the office of the City Clerk. Motion carried unanimously. BUILDING DEPARTMENT There were no items reported at the meeting and the Council had no concerns at this time. M:\Public Data\City Council\Council Packet infonnation\2007\09-04-07\09 04 2007 Council Minutes.doc Agenda Item No.4. Meeting Date September 4, 2007 7 Mayor and Council Communication - September 4, 2007 City Council August 20, 2007 minutes Page 8 of 11 CITY CLERK AODfove a new On-Sale Wine Liauor License and On-Sale 3.2% Malt BeveraQ:e Liauor License from Steohen B. Anderson. owner of MontaQ:e Bistro to be located at 5262 Kvler Avenue NE - Suite 111 City Clerk Miller reported that Stephen B. Anderson has submitted an application for an On- Sale Wine Liquor License and an On-Sale 3.2% Malt Beverage Liquor License for a new restaurant known as Montage Bistro. Miller noted that the Wright County Sheriff's Department background check reported "no records". Miller informed the Council that the applicant was present in the audience to answer any other questions or concerns. Mayor Klecker asked if the City could add to the approval that the owner purchase an ID scanning device. City Attorney Couri confirmed that the Council could add the purchase of an ID scanning device as a stipulation for approval. City Administrator Kruse inquired when the licenses expire and if the fees are pro-rated. City Clerk Miller reported that the license period runs from April 15 to April 15; therefore, I the applicant would need to renew the license at that point. Miller confirmed that the fees are pro-rated. Council informed staff to prepare an ordinance to amend the 2005 Albertville Municipal City Code to require all liquor establishments within Albertville to purchase an ID scanning device that would be effective with the renewal of 2008-2009 Liquor License Applications. To ensure the establishments purchase the equipment would require a proof of purchase (copy of the sales receipt and installation); failure to purchase the machine would be a violation of the City Code; therefore, could result in revoking the liquor license. MOTION BY Council member Wagner, seconded by Council member Fay to approve a new On-Sale Wine Liquor License and a new On-Sale 3.2% Malt Beverage Liquor License from Stephen B. Anderson, owner of Montage Bistro to be located at 5262 Kyler Avenue NE - Suite 111, contingent upon clean record from the BCA, proof of Certificate of Insurance, payment of liquor license fees, approval by the Minnesota State Alcohol and Gambling Association, and submittal of a Buyers Card to the State of Minnesota. Motion carried unanimously. M:\Public Data\City Council\Council Packet infonnation\2007\09-04-07\09 04 2007 Council Minutes. doc Agenda Item No.4. Meeting Date September 4, 2007 8 Mayor and Council Communication - September 4, 2007 City Council August 20, 2007 minutes Page 9 of 11 PLANNING AND ZONING AODrove Ordinance No. 2007-08 entitled an Ordinance for Text Amendment for Electronic SiQnaQe Assistant City Planner Schumacher-Georgopoulos reviewed the minor change that was incorporated in the previous version of Ordinance No. 2007-08. Council brought up the fact that the City sign displays a message then a flag flying. Council questioned where something like a flying flag would fall under the signage amendment. Schumacher-Georgopoulos confirmed the amendment to the 2005 Albertville Municipal City Code would apply to new signage within Albertville. The Albertville City sign located on the corner ofCSAH 37 and Main Avenue NE would be "grandfathered in". In other words, it would not apply to the City sign as it is constructed today. Council wanted to make sure that the signs constructed will be a monochromatic message on a single color dark background. , MOTION BY Council member Fay, seconded by Council member Vetsch to approve Ordinance No. 2007-08 entitled an Ordinance for Text Amendment for Electronic Signage as amended to insure the eight second rule is applied to all areas, along with the color scheme is a monochromatic message on a single color dark background that is applied towards potential messages with motion such as the City sign that imitates a flying flag, and on file in the office of the City Clerk. Motion carried unanimously. ENGINEERING Aoorove Resolution No. 2007-74 entitled a Resolution AcceotinQ the Low Bid for the Phil Morris (Albertville Marketolace) Lift Station Assistant City Engineer Nafstad informed the Council that staffwent out to bid for the Phil Morris lift station. Three bids were submitted ranging from $141,023 to $277,625. The bidders were: Northdale Construction, Kuechle Underground, Inc., and Gridor Construction. The low bidder was from Northdale Construction in the amount of $141 ,032. Staffis recommending awarding the contract to Northdale Construction Co., Inc. for the construction of the Phil Morris Lift Station at a cost not to exceed $141,023. MOTION BY Council member Berning, seconded by Council member Fay to approve Resolution No. 2007-74 entitled a Resolution Accepting the Low Bid for the Phil Morris (Albertville Marketplace) Lift Station at a cost not to exceed $141,023.25. Motion carried unanimously. M:\Public Data\City Council\Council Packet infonnation\2007\09-04-07\09 042007 Council Minutes. doc Agenda Item No.4. Meeting Date September 4, 2007 9 Mayor and Council Communication - September 4, 2007 City Council August 20, 2007 minutes Page 10 of 11 CSAH 19 South Assessment Cost Breakdown Assistant City Engineer Nafstad reported that the City hired an appraiser to appraise various properties along the CSAH 19 corridor. The appraiser took into consideration that approximately property within the first 250 square feet abutting CSAH 19 benefited from the CSAH 19 road improvement. The portion of property located farther back did not show as high of a value or benefit from the improvement. There was debate between Council and staff as to how to break down the property value. City Attorney Couri encouraged the Council to remain with the amount that the City has obtained an appraisal value for. Should there potentially be an appeal; the appraisal value is documented in the report. Nafstad proceeded to review and explain a cost summary of the CSAH 19 Improvement with the Council identifying what the cost breakdown and what portion Albertville is responsibility for. There was additional discussion between Council and staff on the cost breakdown and the calculation of Albertville's portion of responsibility. , 'MOTION BY Council member Wagner, seconded by Council member Fay to approve Resolution No. 2007-80 entitled a Resolution amending Resolution No. 2007-62 entitled a Resolution Calling for a Public Hearing on the Proposed Special Assessment for CSAH 19 South Improvements adding the corner lot ofCSAH 19 and CSAH 18. Motion carried unanimously. LEGAL City Attorney Couri had no items to report on for the meeting. ADMINISTRATION Written Reoort City Administrator Kruse touched briefly on the written report. Kruse brought to the Council's attention that staff has been working with Fieldstone Elementary School officials on a pedestrian plan for students to be able to walk to the new elementary school. Kruse noted that staff will be recommending installation of a four-way stop and crosswalk at the intersection of 52nd Street NE and Kahl Avenue NE. MOTION BY Council member Berning, seconded by Council member Vetsch to approve the installation of a four-way stop and crosswalks with signage at the intersection of 52nd M:\Public Data\City Council\Council Packet infonnation\2007\09-04-07\09 04 2007 Council Minutes.doc Agenda Item No.4. Meeting Date September 4, 2007 10 Mayor and Council Communication - September 4, 2007 City Council August 20, 2007 minutes Page 11 of 11 Street NE and Kahl Avenue NE, which is located within the Albert Villas development. Motion carried unanimously. Kruse informed the Council that he and Assistant City Engineer N afstad met with Albertville Premium Outlets property engineers to discuss the dirt pile. City staff is working with the Wright County Soil and Water Department as well as the Department of Natural Resources Department (DNR) to resolve the berm situation and bring the site into compliance. Kruse reported that several concept plans are being discussed including completing the mass grading of the City owned Outlot E in the Northwest Commercial Addition. Council recommended obtaining soil borings on the City owned Outlot E in the Northwest Commercial Addition, prior to mass grading the lot with the soil from the Albertville Premium Outlets berm. CLOSED SESSION TO DISCUSS PERSONNEL ISSUES Mayor Klecker closed the regular City Council meeting at 10:40 p.m. to go into a closed . session to discuss personnel issues. Mayor Klecker reconvened the regular City Council meeting at 10:55 p.m. ADJOURNMENT MOTION BY Council member Wagner, seconded by Council member Berning to adjourn at 10:56 p.m. Motion carried unanimously. M:\Public Data\City Council\Council Packet infonnation\2007\09-04-07\09 04 2007 Council Minutes.doc Agenda Item No.4. Meeting Date September 4,2007 11- Mayor and Council Communication August 30, 2007 SUBJECT: Citizens Addressing the City Council RECOMMENDATION: No recommendation is forwarded for Mayor and City Council consideration, as this item is listed on the agenda to facilitate citizen input. BACKGROUND: The agenda item entitled "Citizens Addressing the Council" serves as an agenda placeholder to facilitate those citizens wishing to address the Mayor and Council regarding listed items or topics of general public interest. Citizens are afforded the opportunity to speak during time reserved at the start of the meeting and again following the conclusion of business, if necessary. KEY ISSUES: · Citizens wishing to speak are requested to fill out a "Request to Speak Card" and submit it to the City Clerk. This information will be forwarded to the Mayor to accommodate the citizen's desire to make a public presentation at the appropriate time during the meeting. Citizens wishing to speak regarding an advertised public hearing should ask to do so at the appropriate time during the conduct of the public hearing. POLICY CONSIDERATIONS: The Mayor and Council recognition of individuals wishing to speak during the meeting is in accordance with the City Council's policy and with the exception of public hearings is at the discretion of the Mayor and Council. The 'speaker's card system' promotes an organized, equitable, and recorded method of accommodating those individuals who wish to speak. FINANCIAL CONSIDERATIONS: There are no financial considerations for the Council as it relates to the agenda listing 'Citizens Addressing the Council'. Occasionally funding requests are made during this time, which action if any is at the discretion of the Council. LEGAL CONSIDERATIONS: The Mayor and Council have the legal authority and discretion to establish guidelines/parameters for the conduct of the meeting. Respectfully Submitted ~ Larry R. Kruse City Administrator Department/Responsible Person: City Clerk Bridget Miller M:\Public Data\City Council\Council Packet infonnation\2007\09-04-07\09 04 2007 Citizens Addressing the Council.doc Agenda Item No.5 Meeting Date September 4, 2007 13 Mayor and Council Communication August 31,2007 SUBJECT: CSAH 19 South Project Assessments/Financing RECOMMENDATION: Itisrespectfullyrequestedthe Mayor and Council consider the following assessment options and obviously any range between these two options. Option #1 would require levy or dedication of $10,400 in 2010 and progress up to a high of $104,000 2023. Option 2 would require levy or dedication of $22,000 in the first two years and progress up to a high of$119,000 in 2023. Option No.1 Option No.1 represents the assessment rates on the roll presented at the hearing on the August 2ih, but has revised parcel No. 27 (Rains property) to a Tier 3 property (this was previously categorized as Tier 2 property). This option proposes to assess $1,061,426, which is approximately 64% of Albertville's total project. Tier 1 = $0.50 per Sq-Ft Tier 2 = $0.35 per Sq-Ft Tier 3 = $0.15per Sq-Ft Tier 4 == $0.10 per Sq-Ft Tier 5 = $0.05 per Sq-Ft The following chart shows the increase in total debt service 2008-2014. CUrrent Debt Lev Future Debt Lev Difference from 2008 2008 $545,550 $560,550 $15,000 2009 $611,855 $636,855 $91,305 2010 $637,363 $672 ,363 $126.813 Number 1 2011 $642,237 $687,237 $141,686 2012 $630,498 $681.,498 $135,948 2013 $639,102 $699,602 $154,052 2014 $635,791 $705,791 $160241 Option No.2 . Option No.2 also proposes to revise parcel No. 27 to a Tier 3 property and proposes to equally reduce the five levels of benefit (5 Tiers) by 22%. The adjusted rates are as follows: Tier 1 = $0.390 per Sq-Ft Tier 2 = $0.273 per Sq-Ft Tier 3 = $0.117 per Sq-Ft Tier 4 = $0.078 per Sq-Ft Tier 5 = $0.039 per Sq-Ft The reduced assessment rates equate to a total assessment of $827,912.27, which is approximately 50% of Albertville's total project cost. The following chart shows the increase in total debt service 2008-2014. 15 Mayor and Council Communication - September 4, 2007 CSAH 19 South Improvement Project Page 2 of6 ,Current Debt Lev IFuture Debt Lev Difference from 2008 2008 $545,550 $570,550 $25,000 2009 $811,855 $847,855 $102,305 o tion Number 2 2010 2011 $637,383 $842,237 $886,363 $703 ,237 $140,813 $157,686 2012 $830,498 $703,498 $157,948 2013 $839,102 $724,102 $178,552 2014 $835.791 $732.791 $187,241 The total incremental debt service difference between Option #1 and Option #2 is as follows: Year Increase 2014 $27,000 BACKGROUND: CSAH 19 is a $4,600,000 County Highway construction project. Based on Wright County Highway policy, the City is responsible for approximately $1,650,000. Some of the construction activity is discretionary for the City such as upgrading from a concrete median to a landscaped median; installation of ornamental lighting and the pedestrian trail. Other construction components are required and are allocated based on the County's funding policy. In order to determine the amount of benefit to be assessed to neighborhood properties, the , City hired Nagell Appraisal and Consulting to appraise seven parcels ofland representative . of the corridor. From those appraisals staff developed five tiers or levels of assessment which where then used to determined the assessment roll. KEY ISSUES: · Determination ofthe amount of benefit each parcel receives and levying a fair assessment is the City's goal. After the project is done, the values of the twenty seven properties should increase by the amount of the proposed assessment. If the property owner disagrees with the amount to be assessed, they have the right to appeal to District Court. Six individuals have filed an objection to the assessment. Three of those properties represent the largest parcels and assessments. · The difference between Option #1 and Option #2 in CSAH 19 So. debt levy for a $250,000 Albertville home is as follows: Year 2014 Increase $22,000 Increase in taxes for $250,000 home.based on 2008 ro. ection $10,000 $4.00 $25,000 $11.00 $50,000 $22.00 $75,000 $33.00 $100,000 $43.00 M:\Public Data\City Council\Council Packet infonnation\2007\09-04-07\09 04 2007 CSAH 19 South RCA.doc Agenda Item No. 8.A. Meeting Date September 4, 2007 16 Mayor and Council Communication - September 4, 2007 CSAH 19 South Improvement Project Page 3 of6 If Assessment Option #1 is used, over the life of the bond the average cost to a $250,000 home would be $32 annually. If Assessment Option #2 is used, over the life of the bond the average cost to a $250,000 home would be $39 annually. POLICY CONSIDERATIONS: The City strives to identify and assess the full benefit that is reasonable and just. In Option #1, the City is proposing assessing 64% of the City portion of the project and in Option #2 the City would be assessing approximately50% ofthe City's portion of the project or 18% of the total County project. FINANCIAL CONSIDERATIONS: The City bonded for this project anticipated receiving $1,095,000 in assessments (Option #1). Option #2 would assess approximately $828,000 and thus requiring an additional $249,200 of revenue from another source. Other sources of revenue might include utilization of some of the City's Municipal State Aid dollars; a general levy or combination of both. The amount of Municipal State Aid the City receives is far less than the amount required to maintain the designated state aid streets, so utilization of these fund really results in future levy increase when those projects occur. LEGAL CONSIDERATIONS: Under Minnesota State Statute 429, the Mayor and Council have the legal authority and discretion to set the level of assessment and do so using professional expertise from appraisers and staff. Those being assessed have an appeal process through District Court if they feel the assessment does not equal the benefit they receIve. Respectfully Submitted ~ Larry R. Kruse City Administrator Department/Responsible Person: Finance Director Tina Lannes M:\Public Data\City Council\Council Packet infonnation\2007\09-04-07\09 04 2007 CSAH 19 South RCAdoc Agenda Item No. 8.A. Meeting Date September 4, 2007 17- Mayor and Council Communication - September 4, 2007 CSAH 19 South Improvement Project Page 4 of6 Draft Resolution CITY OF ALBERTVILLE COUNTY OF WRIGHT STATE OF MINNESOTA RESOLUTION NO. 2007-79 RESOLUTION ADOPTING ASSESSMENT FOR CSAH 19 SOUTH IMPROVEMENTS WHEREAS, pursuant to proper notice duly given as required by law, the Albertville City Council has met and heard and passed upon all objections to the proposed assessment for certain improvements to Wright County State Aid Highway No. 19 including the installation of stoplights, turn lanes and the widening of the highway to four lanes; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ALBERTVILLE, WRIGHT COUNTY, MINNESOTA: 1. Such proposed assessment, a copy of which is attached hereto and made a part hereof, is hereby accepted and shall constitute the special assessment against the lands named therein, and each tract of land therein included is hereby found to be benefited by the proposed improvement in the amount of the assessment levied against it. 2. The assessment levied by this resolution shall be payable in equal annual principal installments extending over a period of fifteen years, the fIrst of the installments to be payable on or before the fust Monday of January, 2008, and shall bear interest at a rate of 6.1 % per annum from the date of this resolution until December 31, 2008. To each subsequent installment when due shall be added.interest for one year on all unpaid installments. 3. The owner of any property so assessed may, at any time prior to the certification of the assessment to the County Auditor, pay the whole ofthe assessment on such property, with interest accrued to the date of payment, to the City Clerk, except that no interest shall be charged if the entire assessment is paid within thirty (30) days from the adoption of this Resolution; and he may, at any time thereafter, pay to the City Clerk the entire amount of the assessment remaining unpaid, with interest accrued to December 31 of the year in which such payment is made. Such payment must be made before November 15 or interest will be charged through December 31 of the next succeeding year. M:\Public Data\City Council\CounciJ Packet infonnation\2007\09-04-07\09 04 2007 CSAH 19 South RCA.doc Agenda Item No. 8.A. Meeting Date September 4, 2007 18 Mayor and Council Communication - September 4, 2007 CSAH 19 South Improvement Project Page 5 of6 4. The Clerk shall forthwith transmit a certified duplicate of this assessment roll to the County Auditor to be extended on the property tax lists of the County, and such assessment shall be collected and paid over in the same manner as other taxes. ADOPTED by the City Council this 27th day of August 2007. M:\Public DatalCity Council\Council Packet infonnation\2007\09-04-07\09 04 2007 CSAH 19 South RCAdoc Agenda Item No. 8.A. Meeting Date September 4,2007 19 Mayor and Council Communication - September 4, 2007 CSAH 19 South Improvement Project Page 6 of6 ASSESSMENT ROLL (attached Option 1 and Option 2) M:\PubJic Data\City Council\Council Packet infonnation\2007\09-04-07\09 04 2007 CSAH 19 South RCA.doc Agenda Item No. 8.A. 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W 0 0:: Z UJ 0 0 CJ) :2 0:: 4: 0 u. 0:: Z b 0.. W 0 Q. !;( ltl .;:: 6" z U. LL LL U. UJ I z LL CJ) CJ) CJ) CJ) z 0 CJ) (;; ;::: ii5 0; Z ~ I- 0 0; I'- I'- '" ~ '" N 0 0 0 I UJ 0 0 0 0 0 N I- CJ) <( <( ... ... ... ... '" UJ CJ) w m " " " " " -' I- 0:: N '" .". ltl 0.. 0 .;:: CJ) i= -' w UJ 0:: 0:: 0:: 0:: 0:: -' 0 -' I- W W UJ UJ UJ .;:: i= i= i= i= i= :::> ?- m 0:: :2 CJ) .;:: l- I W m :::> z I- ::; UJ ~ 0.. 0 :2 Q. ?- m CJ) .;:: -' m I- >- .;:: UJ 0 -' :::> m d.. z 0 CJ) 0 UJ .;:: .;:: m () 24 ~ ~~~ri~iJL€ Mayor and Council Communication August 30, 2007 Subject: *Finance Department - Payment of Bills RECOMMENDATION: This space on the agenda is reserved for the City Council to ask questions, review and approve payment of the City's bills. BACKGROUND: The City process's bills on a semi-monthly bases. The bills are approved through their respective departments and administration and passed onto the City Council for approval. KEY ISSUES: POLICY CONSIDERATIONS: It is the City's policy to review and approve bills on a semi- monthly basis. FINANCIAL CONSIDERATIONS: City staffhas reviewed and LEGAL CONSIDERATIONS: The Mayor and Council have the authority to approve all bills pursuant to Minnesota State Law which requires all bills to be paid in a timely manner, generally within 30days unless one party determines disputes the billing. Respectfully Submitted Larry R. Kruse City Administrator Department/Responsible Person: Tina Lannes, Finance Director Attachments: Semi-monthly payment report 25- Mayor and Council Communication - September 4, 2007 Semi-Monthly Payment of Bills Page 2 of8 Draft Resolution CITY OF ALBERTVILLE COUNTY OF WRIGHT STATE OF MINNESOTA RESOLUTION NO. 2007- RESOLUTION AUTHORIZING THE PAYMENT OF ALL BILLS PRESENTED EXCEPT THE BILLS SPECIFICALLY PULLED WHICH ARE PASSED BY SEPARATE MOTION WHEREAS, the Albertville City Council pays bills on a semi-monthly basis, and WHEREAS, the Mayor and Council have reviewed and approved the bills on the attached report. NOW, THEREFORE be it resolved by the City Council of the City of Albertville, County of Wright, State of Minnesota: That all the bills presented are approved, with exception of those pulled and handled by separate motion. Adopted by the Albertville City Council this 4th day of September, 2007. Ron Klecker, Mayor Bridget Miller, City Clerk M:\Public Data\City Council\Council Packet infonnation\2007\09-04-07\09.04.2007 Finance Bills.doc Agenda Item No. to.c.!. Meeting Date September 4,2007 26- Mayor and Council Communication - September 4, 2007 Semi- Monthly Payment of Bills Page 3 of8 City of Albertville Check Detail Register September 4, 2007 Check Amt Invoice Comment 10100 Premier Bank Paid Chk# 024681 9/4/2007 A #1 BATTERY SOURCE E 601-49450-404 Repair/Maint - Machinery/Equip Total A #1 BATTERY SOURCE $83.92 00056938 $83.92 Paid Chk# 024682 9/4/2007 ABDO, EICK & MEYERS LLP E 604-49660-301 Auditing and Acct'g Services E 101-42000-301 Auditing and Acct'g Services E 101-41400-301 Auditing and Acct'g Services E 601-49450-301 Auditing and Acct'g Services E 602-49400-301 Auditing and Acct'g Services E 101-42400-301 Auditing and Acct'g Services Total ABDO, EICK & MEYERS LLP $627.69 233555 $627.69 233555 $626.95 233555 $627.69 233555 $627.69 233555 $627.69 233555 $3,765.40 Paid Chk# 024683 9/4/2007 ABLE HOSE & RUBBER INC E 601-49450-210 Operating Supplies (GENERAL) Total ABLE HOSE & RUBBER INC $297.71 07-06917 $297.71 Paid Chk# 024684 9/4/2007 ADVERSIGN, LLC E 101-41000-300 Professional Srvs (GENERAL) Total ADVERSIGN, LLC $135.00 1365 $135.00 Paid Chk# 024685 9/4/2007 AFLAC G 101-21710 Other Deducations $16.16 $16.16 Total AFLAC Paid Chk# 024686 9/4/2007 ALBERTVILLE EXPRESS E 101-42000-212 Motor Fuels $237.37 Total ALBERTVILLE EXPRESS $237.37 Paid Chk# 024687 9/4/2007 BERRY COFFEE COMPANY E 101-41400-200 Office Supplies (GENERAL) $26.95 662116 Total BERRY COFFEE COMPANY $26.95 Paid Chk# 024688 9/4/2007 BRAUN INTERTEC CORP E 201-45200-300 Professional Srvs (GENERAL) $195.00 282268 Total BRAUN INTERTEC CORP $195.00 Paid Chk# 024689 9/4/2007 BRKWAPPRAISALS, INC. E 101-41000-300 Professional Srvs (GENERAL) $2,000.00 5814 Total BRKW APPRAISALS, INC. $2,000.00 M:\Public Data\City Council\Council Packet infonnation\2007\09-04-07\09.04.2007 Finance Bills.doc batteries Accounting/Audit Services Accounting/Audit Services Accounting/Audit Services Accounting/Audit Services Accounting/Audit Services Accounting/Audit Services suction hose, eam & groove, ba CH lease sign AFLAC Insurance Prem fuel coffee Winter Park testing 2 vacant parcels Main Agenda Item No. IO.C.t. Meeting Date September 4, 2007 27- Mayor and Council Communication - September 4, 2007 Semi-Monthly Payment of Bills Page 4 of8 10100 Premier Bank Paid Chk# 024690 9/4/2007 COURI & MACARTHUR E 492-49000-304 Legal Fees E 498-00000-304 Legal Fees E 494-49000-304 Legal Fees E 499-49000-304 Legal Fees E 494-49000c304 Legal Fees E 492-49000-304 Legal Fees E 473-00000-304 Legal Fees E 101-41600-304 Legal Fees E 468-49000-304 Legal Fees E 101-41610-304 Legal Fees E 101-41610-304 Legal Fees E 101-41610-304 Legal Fees E 101-41600-304 Legal Fees E 101-41600-304 Legal Fees E 101-41610-304 Legal Fees E 101-41610-304 Legal Fees E 101-41600-304 Legal Fees E 604-49660-300 Professional Srvs (GENERAL) E 492-49000-304 Legal Fees E 101-41610-304 Legal Fees Total COURI & MACARTHUR Paid Chk# 024691 9/4/2007 CROW RIVER NEWS NORTH E 101-41100-351 Legal Notices Publishing E 101-41100-351 Legal Notices Publishing E 101-41100-351 Legal Notices Publishing E 101-41100-351 Legal Notices Publishing E 101-41100-351 Legal Notices Publishing E 101-41100-351 Legal Notices Publishing E 101-41100-351 Legal Notices Publishing E 101-41100-351 Legal Notices Publishing Total CROW RIVER NEWS NORTH Check Amt Invoice Comment $1,181.25 $810.00 $497.81 $497.81 $742.50 $497.81 $573.75 $67.50 $438.75 $37.50 $37.50 $37.50 $75.00 $135.00 $262.50 $1,050.00 $2,193.75 $497.82 $33.75 $75.00 $9,742.50 $105.78 761776 $136.80 763319-LEG $41.82 763321 $354.24 763322 $34.44 764869-LEG $39.36 765557-LEG $44.28 765558-LEG $36.90 766384-LEG $793.62 Paid Chk# 024692 9/4/2007 DESIGN ELECTRICAL CONTRACTORS E 101-41940-405 Repair/Maint - Buildings $977.02 10210 Total DESIGN ELECTRICAL CONTRACTORS $977.02 Paid Chk# 024693 9/4/2007 OJ'S HEATING & AlC E 101-42000-405 Repair/Maint. - Buildings Total OJ'S HEATING & AlC $45.00 068816 $45.00 Paid Chk# 024694 9/4/2007 OJ'S TOTAL HOME CARE CENTER E 101-42000-405 Repair/Maint - Buildings $38.44 023853 E 101-42000-404 Repair/Maint - Machinery/Equip $31.96 024206 E 101-42000-404 Repair/Maint - Machinery/Equip $9.67 024207 E 101-42000-405 Repair/Maint - Buildings $9.97 024208 Total OJ'S TOTAL HOME CARE CENTER $90.04 Paid Chk# 024695 9/4/2007 DOCUMENT DESTRUCTION SERVICE E 101-41000-300 Professional Srvs (GENERAL) $30.00 115112 Total DOCUMENT DESTRUCTION SERVICE $30.00 M:\Public Data\City Council\Council Packet infonnation\2007\09-04-07\09.04.2007 Finance Bills.doc Industrial park Albert Villas Drainage 07 bonding 07 bonding CSAH 19 South 07 bonding Prairie Run Lit liquor 1-94 Karston Cove 3 Praire Run - Gold Key Shoppes at Prairie Run 2 Fraser Steel Tif 10141 49th St Field Plaza 2nd Phil Morris ordinances, council, staff mtg 07 bonding 52nd St Imp Winslow CUP phn assmt csah 19 Lachman Ave Bids ord 2007-09 ord 2007-10 P H Albertville Marketplace P H Business Signs P H Chapter 2700 P H and zoning gees Traffic lights LED's Replaceme check air condition at fire ha Screwdriver, funnal, oil absor Seafoam mtr tuneup windshield wash Rod/turnbkl shredding Agenda Item No. IO.C.I. Meeting Date September 4, 2007 28 Mayor and Council Communication - September 4,2007 Semi-Monthly Payment of Bills Page 5 of8 10100 premier Bank Paid Chk# 024696 9/4/2007 EMBARQ - TX E 101-42000-321 Telephone E 101-43100-321 Telephone E 101-41940-321 Telephone E 101-42400-321 Telephone E 601-49450-321 Telephone E 101-41940-321 Telephone E 101-42400-321 Telephone E 101-45100-321 Telephone E 601-49450-321 Telephone E 101-41940-321 Telephone E 101-41940-321 Telephone Total EMBARQ - TX Paid Chk# 024697 9/4/2007 GOPHER STATE ONE-CALL E 601-49450-209 Locates E 602-49400-209 Locates Total GOPHER STATE ONE-CALL Paid Chk# 024698 9/4/2007 HAWKINS, INC E 601-49450-217 Chemicals - Ferric Chloride Total HAWKINS, INC . Paid Chk# 024699 9/4/2007 HENRYS WATERWORKS, INC E 602-49400-407 RIM - Water Mains Total HENRYS WATERWORKS, INC Paid Chk# 024700 9/4/2007 JOINT POWERS BOARD E 602-49400-375 JP Access E 602-49400-376 JP Fed Wtr Test E 602-49400-374 JP Dist Pen E 602-49400-376 JP Fed Wtr Test E 602-49400-373 JP Dist II Low E 206-49400-378 JP WAC E 602-49400-371 JPDIST COMBO E 602-49400-372 JP Dist Total JOINT POWERS BOARD Check Amt Invoice Comment $104.41 $37.51 9-2007 $37.51 9-2007 $36.69 9-2007 $16.11 9-2007 $116.68 9-2007 $36.69 9-2007 $16.11 9-2007 $36.69 9-2007 $36.69 9-2007 $39.52 9-2007 $514.61 $357.42 7070155 $357.43 7070155 $714.85 $175.83 1101564 $175.83 $379.28 11742 $379.28 $14.00 09-2007 $27.73 09-2007 $1,357.20 09-2007 $1,828.57 09-2007 $2,534.43 09-2007 $266,029.41 09-2007 $2,725.85 09-2007 $100,280.96 09-2007 $374,798.15 Paid Chk# 024701 9/4/2007 KARSTON COVE TOWN HOMES, LLC R 602-00000-99999 . UNALLOCATED UTILITY $1,275.50 Total KARSTON COVE TOWNHOMES, LLC $1,275.50 497-7474 763-497-0774 763-497-0452 763-497-3704 763-497-1888 Taxes and Surcharges 763-497-3695 763-497-2215 763-497 -0269 763-497 -3486 763-497-0261 locates locates soda ash grade repair clamp for di/ci 4 JP Access 1 Fed WtrTest Pen 5 Jp Dist Pen 1 Fed Wtr Test 6 Jp Dist II low WAC 51 Jpdist combo 5 Jp dost Ovr pmt wtr bill refund M:\Public Data\City Council\Council Packet infonnation\2007\09-04-07\09.04.2007 Finance Bills.doc Agenda Item No. to.C.t. Meeting Date September 4, 2007 29- Mayor and Council Communication - September 4, 2007 Semi-Monthly Payment of Bills Page 6 of8 10100 Premier Bank Paid Chk# 024702 9/4/2007 Mil LIFE E 101-43100-130 Employer Paid Ins (GENERAL) E 101"41500-131 Employer Paid Health E 101-43100-130 Employer Paid Ins (GENERAL) E 101-41300-131 Employer Paid Health E 101-42400-130 Employer Paid Ins (GENERAL) E 101-42400-130 Employer Paid Ins (GENERAL) E 601-49450-130 Employer Paid Ins (GENERAL) E 101-45100-130 Employer Paid Ins (GENERAL) E 101-45100-130 Employer Paid Ins (GENERAL) E 101-41300-131 Employer Paid Health E 101-41400-131 Employer Paid Health G 101-21710 Other Deducations E 601-49450-130 Employer Paid Ins (GENERAL) E 101-41400-131 Employer Paid Health E 101-41500-131 Employer Paid Health E 602-49400-130 Employer Paid Ins (GENERAL) E 602-49400-130 Employer Paid Ins (GENERAL) Total Mil LIFE Check Amt Invoice Comment $9.00 09-2007 $30.97 09-2007 $49.17 09-2007 $54.29 09-2007 $67.95 09-2007 $20.55 09-2007 $39.46 09-2007 $19.55 09-2007 $5.40 09-2007 $14.10 09-2007 $8.25 09-2007 $7.50 09-2007 $9.00 09-2007 $27.35 09-2007 $2.40 09-2007 $7.50 09-2007 $13.39 09-2007 $385.83 Paid Chk# 024703 9/4/2007 MN DEPT. OF TRADE/ECON. DEV. E 203-00000-310 Other Professional Services $594.04 Total MN DEPT. OF TRADE/ECON. DEV. $594.04 Paid Chk# 024704 9/4/2007 NAGELL APPRAISAL & CONSULTING E 494-49000-300 Professional Srvs (GENERAL) $10,500.00 14135 Total NAGELL APPRAISAL & CONSULTING $10,500.00 Paid Chk# 024705 9/4/2007 NEXTEL COMMUNICATIONS E 101-41500-323 Nextel Radio Units E 101-41300-321 Telephone E 101-43100-323 Nextel Radio Units E 101-45100-323 Nextel Radio Units E 101-42000-321 Telephone E 101-41400-323 Nextel Radio Units E 101-42400"323 Nextel Radio Units E 601-49450-323 Nextel Radio Units E 602-49400-323 Nextel Radio Units Total NEXTEL COMMUNICATIONS Paid Chk# 024706 9/4/2007 NORTHERN WATER WORKS E 602-49400-404 Repair/Maint - Machinery/Equip Total NORTHERN WATER WORKS $39.50 718183318-069 $39.50 718183318-069 $63.14 718183318-069 $63.14 718183318-069 $122.70 718183318-069 $35.44 718183318-069 $35.44 718183318-069 $35.03 718183318-069 $35.03 718183318-069 $468.92 $213.95 s01102413.001 $213.95 Paid Chk# 024707 9/4/2007 NORTHLAND CHEMICAL CORP. E 601-49450-210 Operating Supplies (GENERAL) $60.21 5004684 Total NORTHLAND CHEMICAL CORP. $60.21 Paid Chk# 024708 9/4/2007 RAILROAD MANAGEMENT COMPANY E 602-49400-300 Professional Srvs (GENERAL) $75.00 227188 E 602-49400-300 Professional Srvs (GENERAL) $75.00 305397 Total RAILROAD MANAGEMENT COMPANY $150.00 M:\Public DatalCity Council\CounciJ Packet infonnation\2007\09-04-07\09.04.2007 Finance Bills.doc Emp Life Ins Emp STDis Ins Emp STDis Ins Emp STDis Ins Emp STDis Ins Emp Life Ins Emp STDis Ins Emp STDis Ins Emp Life Ins Emp Life Ins Emp Life Ins Emp Life Ins Emp Port Emp Life Ins Emp STDis Ins Emp Life Ins Emp Life Ins Emp STDis Ins pfa fraser loan 7 commercial properties CSAH 1 Nextel Phones Nextel Phones Nextel Phones Nextel Phones Nextel Phones FD Nextel Phones Nextel Phones Nextel Phones Nextel Phones locator repair sani flush 12" wtr pipe crossing 6" wtr pipe crossing Agenda Item No. to.C.t. Meeting Date September 4, 2007 30 Mayor and Council Communication - September 4, 2007 Semi-Monthly Payment of Bills Page 70f8 Check Amt Invoice Comment 10100 Premier Bank Paid Chk# 024709 9/4/2007 RC GRADING & EXCAVATING INC E 602-49400-407 RIM - Water Mains $1,547.50 4554 E 602-49400-407 RIM - Water Mains $2,816.25 4565 Total RC GRADING & EXCAVATING INC $4,363.75 Paid Chk# 024710 9/4/2007 RED'S PORTABLE TOILETS E 101-45100-415 Other Equipment Rentals $646.99 10899 Total RED'S PORTABLE TOILETS $646.99 Paid Chk# 024711 9/4/2007 REED BUSINESS INFORMATION E 501-49000-300 Professional Srvs (GENERAL) $231.92 3704484 Total REED BUSINESS INFORMATION $231.92 Paid Chk# 024712 9/4/2007 S & T OFFICE PRODUCTS E 101-41400-200 Office Supplies (GENERAL) E 101-41400-200 Office Supplies (GENERAL) E 101-41400-200 Office Supplies (GENERAL) Total S & T OFFICE PRODUCTS Paid Chk# 024713 9/4/2007 S.E.H. E 468-49000-303 Engineering Fees E 601-49450-300 Professional Srvs (GENERAL) Total S.E.H. Paid Chk# 024714 9/4/2007 SHERWIN-WILLIAMS CO E 101-45100-405 Repair/Maint - Buildings E 101-43100-400 Repair/Maint - Paved Rd E 101-43100-400 Repair/Maint - Paved Rd Total SHERWIN-WILLIAMS CO Paid Chk# 024715 9/4/2007 SIMPLEXGRINNELL E 482-49300-300 Professional Srvs (GENERAL) Total SIMPLEXGRINNELL Paid Chk# 024716 9/4/2007 ST. MICHAEL, CITY OF E 101-45000-598 Pledges & Contributions E 101-45000-598 Pledges & Contributions Total ST. MICHAEL, CITY OF Paid Chk# 024717 9/4/2007 TRYCO LEASING INC E 101-41400-413 Office Equipment Rental Total TRYCO LEASING INC Paid Chk# 024718 9/4/2007 UPBEAT, INC. E 482-49300-300 Professional Srvs (GENERAL) Total UPBEAT, INC. Paid Chk# 024719 9/4/2007 USA BLUE BOOK E 602-49400-210 Operating Supplies (GENERAL) Total USA BLUE BOOK $99.89 011x5052 $5.75 011x7938 $46.32 01LX8120 $151.96 $1,371.43 0165242 $9,480.60 0165261 $10,852.03 ($127.59) 4399-7 $29.29 4905-9 $248.25 4924-0 $149.95 $620.50 62526232 $620.50 $2,798.30 $3,365.50 $6,163.80 $689.62 3449 $689.62 $275.56 inv0021472 $275.56 $122.07 431578 $122.07 M:\Public Data\City Council\Council Packet infonnation\2007\09-04-07\09.04.2007 Finance Bills.doc water main repair - csah 19 water main repair Rental-Portable Bathrooms Phil Morris Lift Station pens, ppr pens Pens, rbn 1-94 WWTF refund paint paint CH service system (fire/securi Pmt # 3 of 4 Library 2007 cont Pmt # 3 of 4 Senior Ctr 2007 c copier leases outpost, trash rec CH locate paint and flags Agenda Item No. to.c.t. Meeting Date September 4, 2007 31- Mayor and Council Communication - September 4, 2007 Semi-Monthly Payment of Bills Page 80f 8 Check Amt Invoice Comment 10100 Premier Bank Paid Chk# 024720 9/4/2007 VEOLlA ENVIRONMENTAL SERVICES E 101-41000-300 Professional Srvs (GENERAL) $56.20 012573 C&D Total VEOLIA ENVIRONMENTAL SERVICES $56.20 Paid Chk# 024721 9/4/2007 VERIZON E 101-42000-321 Telephone $3.44 1743306597 Engine cell Total VERIZON $3.44 Paid Chk# 024722 9/4/2007 WEIDNERS PLUMBING & HEATING CO E 101-41940-405 Repair/Maint - Buildings $84.00 222319 Total WEIDNERS PLUMBING & HEATING CO $84.00 Paid Chk# 024723 9/4/2007 WRIGHT-HENNEPIN COOPERATIVE E 101-45100-381 Electric Utilities $204.54 09-2007 E 101-43160-381 ElectricUtilities $349.44 09-2007 E 601-49450-381 Electric Utilities $101.02 09-2007 Total WRIGHT-HENNEPIN COOPERATIVE $655.00 Paid Chk# 024724 9/4/2007 XCEL ENERGY E 101-42400-381 Electric Utilities E 601-49450-381 Electric Utilities E 601-49450-381 Electric Utilities E 601-49450-381 Electric Utilities E 601-49450-381 Electric Utilities E 101-43100-381 Electric Utilities E 101-42000-381 Electric Utilities E 101-41940-381 Electric Utilities E 101-41940-381 Electric Utilities E 101-41940-381 Electric Utilities E 101-45100-381 Electric Utilities E 101-45100-381 Electric Utilities E 101-41940-381 Electric Utilities E 101-45100-381 Electric Utilities Total XCEL ENERGY Fund Summary 101 GENERAL FUND 201 PARK DEDICATION 203 REVOLVING LOAN 206 WAC FUND 468 CSAH 19 RAMPS/I 94 Project 473 PRAIRIE RUN 482 CITY HALL 2004-5 492 52nd st Industrial Park 494 CSAH 19 & 50th St. (South 19) 498 Flood Mitigation Project 499 Lachman Ave 501 Phil Morris Lift Station 601 SEWER FUND 602 WATER FUND 604 STORM WATER $109.71 9-2007 $5,552.62 9-2007 $302.27 9-2007 $108.49 9-2007 $36.72 9-2007 $389.66 9-2007 $321.92 9-2007 $226.79 9-2007 $36.52 9-2007 $35.51 9-2007 $8.52 9-2007 $8.52 9-2007 ($5.52) 9-2007 $272.68 9-2007 $7,404.41 10100 Premier Bank $21,286.14 $195.00 $594.04 $266,029.41 $1,810.18 $573.75 $896.06 $1,712.81 $11,740.31 $810.00 $497.81 $231.92 $17,320.79 $116,314.33 $1,125.51 $441,138.06 cleaned condenser coils Electric pks Electric st. lights Electric lift stations 5964 Main Ave ue Old PW garage 6451 Maciver Avenue NE Sewage 11200 60th Street NE 11942 52nd Street NE Lift Stat 4940 Kaiser Avenue NE Unit Sew 6461 Maciver Avenue NE 11350 57th Street NE Non-Metered Service 6002 Main Avenue NE 11060 61st Street NE Unit Sign 5801 Main Avenue NE Picnic She 11474 58th Street NE Park Shel 5975 Main Avenue NE 11401 58th Street NE Skating R M:\Public Data\City Council\Council Packet infonnation\2007\09-04-07\09.04.2007Finance Bills.doc Agenda Item No.1 O.c.l. Meeting Date September 4, 2007 32 ~ A.J~~T:!.'!.iJL€ Mayor and Council Communication August 30, 2007 SUBJECT: Funding the Stormwater Mitigation Project RECOMMENDATION: It is respectfully requested the Mayor and Council consider adopting a new Stormwater rates effective September 2007. A Draft Resolution Number 2007-60 is provided with the rate increase for the stormwater utility using Option No.1 (66% for September 2007 and the remainder September 2008) effective September 2007. BACKGROUND: At the July 30,2007 City Council Workshop, the Council approved a Resolution for the Sale of General Obligation Bonds, which $800,000 was designated towards the Stormwater Mitigation Pond Project. The Issuance Bonds were to be paid $400,000 via a Special Assessment and $400,000 via a stormwater utility rate increase. Since the Special Assessment amount was reduced $200,000 by the Council at the Wednesday, August 22, 2007 Assessment Hearing the previously discussed stormwater rate must be increased to make up the difference or a general levy must be considered. Three Stormwater rate options are presented as well as the option to provide general fund monies. The first two options provide a phased in approach over a two year period. The third option would increase the Stormwater fee immediately. All three Stormwater options are financially feasible for the City, however the first option appears to be the most politically palatable and is the one recommended by staff. A general fund contribution is also a viable option to consider. Below is the current active rate with three options of increase plus an additional General Fund option. Current Stormwater rates (bimonthly): Stormwater 1 Residential Stormwater 2 Residential Stormwater 3 Residential Non-residential impervious 0-5% Non-residential impervious 6-35% Non-residential impervious 36-65% Non-residential impervious 66-100% $4.00 flat fee $5.56 flat fee $10.00 flat fee $6.29 per acre $11.85 per acre $16.66 per acre $29.98 per acre 33_ Mayor and Council Communication - September 4, 2007 Funding the Stormwater Mitigation Project- Stormwater Rates Page 2 ofl(; Option No.1 - (66% increase first year and remainder year 2) Stormwater rates (bimonthly) for September 2007 (increase 1): Stormwater 1 Residential Stormwater 2 Residential Stormwater 3 Residential Non-residential impervious 0-5% Non-residential impervious 6-35% Non-residential impervious 36-65% Non-residential impervious 66-100% $6.62 flat fee (increase of $2.62) $9.20 flat fee (increase of $3.64) $16.55 flat fee (increase of$6.55) $10.41 per acre (increase of$4.12) $19.61 per acre (increase of$7.76) $27.57 per acre (increase of$1O.91) $49.62 per acre (increase of$19.64) Stormwater rates (bimonthly) for September 2008 (increase 2): Stormwater 1 Residential Stormwater 2 Residential Stormwater 3 Residential Non-residential impervious 0-5% Non-residential impervious 6-35% Non-residential impervious 36-65% Non-residential impervious 66-100% $8.00 flat fee $11.12 flat fee $20.00 flat fee $12.58 per acre $23.70 per acre $33.32 per acre $59.96 per acre Option No.2 - (75% increase first year and remainder year 2) Stormwater rates (bimonthly) for September 2007 (increase 1): Stormwater 1 Residential Stormwater 2 Residential Stormwater 3 Residential Non-residential impervious 0-5% Non-residential impervious 6-35% Non-residential impervious 36-65% Non-residential impervious 66-100% $7.00 flat fee (increase of$3.00) $9.73 flat fee (increase of $4.17) $17.50 flat fee (increase of$7.50) $11.01 per acre (increase of $4.72) $20.74 per acre (increase of$8.89) $29.16 per acre (increase of$12.50) $52.4 7 per acre (increase of $22.49) Stormwater rates (bimonthly) for September 2008 (increase 2): Stormwater 1 Residential Stormwater 2 Residential Stormwater 3 Residential Non-residential impervious 0-5% Non-residential impervious 6-35% Non-residential impervious 36-65% Non-residential impervious 66-100% $8.00 flat fee (increase of $1.00) $11.12 flat fee (increase of $1.39) $20.00 flat fee (increase of$2.50) $12.58 per acre (increase of $1.57) $23.70 per acre (increase of $2.96) $33.32 per acre (increase of $4.16) $59.96 per acre (increase of $7.49) M:\Public Data\City Council\Council Packet infonnation\2007\09-04-07\09 04 2007 Albert VilJas Stonnwater Mitigation Pond Stonn Rates.doc Agenda Item No._ Meeting Date September 4, 2007 34_ Mayor and Council Communication - September 4, 2007 Funding the Stormwater Mitigation Project- Stormwater Rates Page 3 of~ Option No. 3 - (full increase in first year) Stormwater rates (bimonthly) for September 2007: Stormwater 1 Residential Stormwater 2 Residential Stormwater 3 Residential Non-residential impervious 0-5% Non-residential impervious 6-35% Non-residential impervious 36-65% Non-residential impervious 66-100% $8.00 flat fee (increase of $4.00) $11.12 flat fee (increase of$5.56) $20.00 flat fee (increase of $10.00) $12.58 per acre (increase of $6.29) $23.70 per acre (increase of$11.85) $33.32 per acre (increase of$16.66) $59.96 per acre (increase of$29.98) General Fund Contribution: $200,000/15=$13,334 plus $8,200 interest = $21,544 x 1.05 = $22,610. Say $23,000. If a General Fund contribution is the desired method to fill the funding gap, the Council may elect to use a portion of the existing $50,000 contingency or to reconsider the adopted preliminary levy and pass a resolution providing for an increased debt service levy. KEY ISSUES: · Lowering the assessment from $1,100 to $550 requires the City to identify another funding source to fill the gap. Options include a general fund levy or transfer or an increase in the Stormwater fees. POLICY CONSIDERATIONS: It is the general policy of the City to have enterprise funds like the Sanitary Sewer Fund, Water Fund or Stormsewer Fund finances their own operations through fees. Although the City has the ability to provide a general levy, the preferred financing method utilizes enterprise fees. FINANCIAL CONSIDERATIONS: $200,000 plus interest at 4.1 % over a fifteen year period needs to be raised in order to meet the debt obligation. The Council could increase the levy or use the existing contingency within the current 2008 budget to fund the gap or select one of the three options to increase the Stormwater rates. The Storm water fund has the ability to provide the necessary cash flow to make all three options work. Based on the Council's direction to keep the general levy low and provide maximum relief to Albertville tax payers, staff is comfortable with Option 1. LEGAL CONSIDERATIONS: The City is required under our bond indentures to keep 105% of the required debt service available to pay the next years bonds. Depending on which option the Council selects, the Stormwater Fund can provide these necessary funds to meet this requirement. It is anticipated that a number of properties will pre-pay their M:\Public Data\City Council\Council Packet infonnation\2007\09-04-07\09 04 2007 Albert Villas Stonnwater Mitigation Pond Stonn Rates.doc Agenda Item No. _ Meeting Date September 4, 2007 35 Mayor and Council Communication - September 4, 2007 Funding the Stormwater Mitigation Project- Stormwater Rates Page 4 ofb assessment in full during the 30 day no interest period prior to certifying the assessment thus providing additional cash flow. The Council has the legal authority to do a general fund levy or increase the Stormwater rates. Respectfully Submitted Larry R. Kruse City Administrator Department/Responsible Person: Tina Lannes, Finance Director Attachments: Draft Resolution M:\Public Data\City Council\Council Packet infonnation\2007\09-04-07\09 04 2007 Albert Villas Stonnwater Mitigation Pond Stonn Rates.doc Agenda Item No. _ Meeting Date September 4, 2007 36 Mayor and Council Communication - September 4, 2007 Funding the Stormwater Mitigation Project- Stormwater Rates Page 5 of .f., DRAFT RESOLUTION CITY OF ALBERTVILLE COUNTY OF WRIGHT STATE OF MINNESOTA RESOLUTION NO. 2007-60 RESOLUTION SETTING STORMW ATER UTILITY RATES WHEREAS, the Albertville City Council sets the Stormwater Utility rates by resolution; and WHEREAS, the City has undertaken a storm water ponding improvement and has issued bonds to finance such improvement; and WHEREAS, the City will repay the bonds in part from increased storm water rates; NOW, THEREFORE, the City Council hereby sets the Stormwater Utility Rates effective for bills sent in August 2007 as follows: Storm Water rates (bimonthly) Storm Water 1 Residential Storm Water 2 Residential Storm Water 3 Residential Non-residential impervious 0-5% Non-residential impervious 6-35% Non-residential impervious 36-65% Non-residential impervious 66-100% $6.62 flat fee $9.20 flat fee $16.55 flat fee $10.41 per acre $19.61 per acre $27.57 per acre $49.62 per acre M:\Public Data\City Council\Council Packet infonnation\2007\09-04-07\09 042007 Albert Villas Stonnwater Mitigation Pond Stonn Rates.doc Agenda Item No. _ Meeting Date September 4, 2007 37- Mayor and Council Communication - September 4, 2007 Funding the Stormwater Mitigation Project- Stormwater Rates Page 6.of(o Further, the City Council herby sets the Stormwater Utility Rates effective for bills sent out in September 2008 as follows: Stormwater 1 Residential Stormwater 2 Residential Stormwater 3 Residential Non-residential impervious 0-5% Non-residential impervious 6-35% Non-residential impervious 36-65% Non-residential impervious 66-100% $8.00 flat fee $11.12 flat fee $20.00 flat fee $12.58 per acre $23.70 per acre $33.32 per acre $59.96 per acre Adopted by the City Council of the City of Albertville this 4th day of September 2007. Ron Klecker, Mayor " Bridget Miller, City Clerk M:\Public Data\City Council\CounciJ Packet infonnation\2007\09-04-07\09 04 2007 Albert Villas Stonnwater Mitigation Pond Stonn Rates.doc Agenda Item No. _ Meeting Date September 4, 2007 38 ~ AJ~~r.!!tlL€ Mayor and Council Communication August 31, 2007 Subject: *Finance Department Report RECOMMENDATION: This space on the agenda is reserved for the City Council to consider the Finance Department Accounts Receivable Report, Capital Projects Report and other Financial Matters. BACKGROUND: Space is reserved on the Council agenda to accommodate the Mayor and Council to review and ask questions about the Monthly Finance Reports. ACCOUNTS RECEIVABLE Total accounts receivable outstanding through August 30,2007 is $66,353.88 The percentage of the total due based on the aging report is as follows: OT30 days outstanding 30~60 days outstanding 60-90 days outstanding Over 90 days outstanding $ 24,168.23 $ 466.23 $ 5,287.83 $ 36,431.59 36.42% 0.70% 7.97% 54.90% The over 90 day's majority is for the CPG Partners (outlet mall), Towne Lake, Albertville Holdings, Edina Development and Gold Key. If CPG Partners and Towne Lakes don't pay by November 15,2007 we will assess to the property. The majority of the 60-90 days outstanding is weed elimination and if payment doesn't occur again by November 15,2007 these lots will be assessed. Vendor Amount Due 0-30 Davs 30-60 days ALBERTVILLE HOLDINGS $2,253.09 AMERICA'S MATTRESS $542.87 $34.03 ANDERSON, IAN $206.50 $206.50 BAUER, CHRIS & KAREN $309.83 $206.50 BECHTOLD, DIRK $308.99 $207.33 BEST ASSESTS $204.16 BISTODEAU, WILLIAM $727.50 $727.50 BRACK BUILDERS $307.50 COLL YARD GROUP $365.72 60-90 days 90 days & Over $2,253.09 $234.34 $274.50 $103.33 $101.66 $101.66 $102.50 $307.50 $365.72 39- Mayor and Council Communication - September 4, 2007 Finance Department Report Page 2 of 4 60-90 90 days & Vendor Amount Due 0-30 Davs 30-60 days days Over COUNTRY WIDE MORTGAGE $101.66 $101.66 CPG PARTNERS $3,525.41 $84.35 $85.40 $3,355.66 DOMINIUM MGMT SERVICES $300.00 $300.00 EDINA DEVELOPMENT $9,212.37 $3,657.75 $1,423.34 $4,131.28 FARRAH, GEORG $500.00 $500.00 FRANCIS PROPERTIES $325.60 $207.33 $118.27 FRANKE, DAVID $308.99 $207.33 $101.66 FRASER STEEL $1,989.71 $1,523.48 $466.23 GOLD KEY DEVELOPMENT $6,734.89 $250.74 $6,484.15 GREATER MN HOMES $2,569.20 $2,569.20 GREENINGER, JOHN & BRENDA $203.33 $100.83 $102.50 HOMECOMINGS FINANCIAL $301.66 $301.66 J.T. CUSTOM HOMES $203.33 $101.66 $101.67 JB ENTERPRISES $106.50 $106.50 JP ENTERPRISES $101.66 $101.66 K. HOVNANIAN $384.39 $384.39 KOTTKE TRUCKING $1,300.00 $1,300.00 , ,KARR, JEREMY $489.63 $207.33 $101.66 $180.64 KRESAl CUSTOM HOMES $713.35 $508.34 $205.01 KRESAl, DENNIS $101.66 $101.66 LAKE LAND CONSTRUCTION FINANCE $101.66 $101.66 lCI SUPPLY $131.86 $131.86 lEDOUX, ERIC $1,210.01 $1,210.01 lENGSAVATH, SKIP $2,141.85 $2,141.85 M M HOMES $745.50 $745.50 MADISON HOMES $203.33 $100.83 $102.50 MAGUIRE AGENCY INC $500.00 $500.00 MAIN ESTATES $101.66 $101.66 MAJESTIC BlDRS $586.30 $586.30 MARCHAND, JOSH & THERESA $102.50 $102.50 MCLAIN, MIKE $507.49 $201.67 $203.32 $102.50 MillER, WilLIAM & ANGELA $304.99 $100.83 $101.66 $102.50 MINNESOTA DEVELOPMENT AGENCY $418.51 $231.70 $37.81 $149.00 NEARY, BRIAN $208.31 $100.00 $108.31 NORTHWOODS CUSTOM HOMES $987.61 $207.33 $780.28 OAKLAND HOMES $73.41 $73.41 OSFAR CONSTRUCTION $76.88 $76.88 PARAMONT HOMES $100.83 $100.83 PATHOUMTHONG, LISA $208.16 $106.50 $101.66 PEARSON,RUANNE $106.50 $106.50 M:\PubJic Data\City Council\Council Packet infonnation\2007\09-04-07\09 04 2007 Finance Report RCA (TL-b ).doc Agenda Item No. lO.C.3. Meeting Date September 4, 2007 o Mayor and Council Communication - September 4, 2007 Finance Department Report Page 3 of 4 60-90 90 days & Vendor Amount Due 0-30 Days 30-60 days days Over PENDLETON, ALAN $308.16 $308.16 PHIL MORRIS $50.00 $50.00 PREMIER DEVELEOPMENT GROUP $1,181.00 $662.50 $518.50 RADKE, MICHELLE $500.00 $500.00 REIMENSCHNEIDE, RYAN $1,216.69 $403.33 $813.36 SALEM, JILL $206.50 $206.50 SCHOELLER, JEFFERY $106.50 $106.50 SCHREIBER, LOREN $500.00 $500.00 SINGHARATH, VILAY & THAONE $202.49 $100.83 $101.66 SPACE ALIENS $4,966.57 $262.50 $4,704.07 STIRENS, KIRK $106.50 $106.50 T C HOMES $707.51 $504.17 $203.34 THIES & TALLE MGMT CORP $300.00 $300.00 TOWNE LAKES $11,783.94 $113.44 $11,670.50 WARD, TOM $102.50 $102.50 WELLS FARGO 57TH $100.83 $100.83 'wELLS FARGO $100.83 $100.83 , WENTWORTH, STEPHEN $213.00 $213.00 WOODSIDE COMMUNITIES $37.50 $37.50 WRIGHT COUNTY EDP $40.00 $40.00 ZAHLER, TRACEY $106.50 $106.50 Total $66,353.88 $24,168.23 $466.23 $5,287.83 $36,431.59 Current 0-30 days $24,168.23 36.42% 30-60 days $466.23 0.70% 60-90 days $5,287.83 7.97% over 90 day $36,431.59 54.90% M:\Public Data\City Council\Council Packet infonnation\2007\09-04-07\09 04 2007 Finance Report RCA (TL-b ).doc Agenda Item No.1 O.C.3. Meeting Date September 4, 2007 1 Mayor and Council Communication - September 4, 2007 Finance Department Report Page 4 of 4 CAPITAL PROJECTS Total Fund Project Contract Paid to Date Retainage Difference 473 2004 Prairie Run $1,595,233.53 $1,567,701.19 62,266.71 $27,532.34 CSAH 37 / 60th Street Storm Sewer $49,983.00 $47,941.00 2,042.00 $2,042.00 204 Hunter Pass Lift Station $127,600.00 $111,878.59 5,888.00 $15,721.41 482 City Hall $3,113,287.00 $2,969,824.45 $143,462.55 470 37 Trail $241,522.75 $226,608.96 $14,913.79 Total $5,127,626.28 $4,923,954.19 $70,196.71 $203,672.09 96.03% 468 I 94 Proiect $433,595.27 -433,595.27 494 CSAH 19 South $374,948.70 -$374,948.70 493 CSAH 19 North $6,562.25 -$6,562.25 492 52nd Street/Industrial Park $797,621.85 -$797,621.85 499 Lachman $10,696.08 -$10,696.08 I KEY ISSUES: . Gold Key and Edina Development outstanding bills may not be collectable . Albertville Holdings bill has been turned over to the city attorney for collection POLICY CONSIDERATIONS: The Mayor and Council review monthly financial reports. FINANCIAL CONSIDERATIONS: There are no financial considerations at this time. LEGAL CONSIDERATIONS: The Mayor and Council have the authority to review and direct staff to take action regarding all financial matters. Respectfully Submitted Larry R. Kruse City Administrator Department/Responsible Person: Tina Lannes, Finance Director Attachments: Accounts Receivable Report M:\Public Data\City Council\CounciI Packet infonnation\2007\09-04-07\09 042007 Finance Report RCA (TL-b ).doc Agenda Item No. lO.C.3. Meeting Date September 4, 2007 42 ~~~~ Mayor and Council Communication August 31, 2007 SUBJECT: C J's Laundromat, 11135 61st St NE # A, Albertville Minnesota RECOMMENDATION: It is respectfully requested the Mayor and Council consider following the lead of Joint Powers by forgiving CJ's Laundry of any past billings beyond one year and allow CJ's Laundry (Mr. Savistski, property owner) to enter into an agreement and make payments over a two year period without penalty or interest. BACKGROUND: When installing a new remote radio read water meter, the City discovered a meter reading error in C J's Laundromat, (Andrew Savitski) Utility Bill. The reading was one decimal place off, thus the account was under billed for the past eleven years. Earlier, the council reviewed information that staff brought forward and tabled any decision on the account until after the Joint Powers Board took action. Historically Albertville's policy in cases like this is to go back one year and allow the account owner to make payments without interest or penalty. Prior balances would be , forgiven. The City is installing new remote reading meter throughout the City and occasionally City staff deals with a limited number of accounts that have similar problems. As a matter of routine business staff meets with customers and makes arrangement for payments. This account is unusual in that it is Albertville largest account and the meter error is so large. On Monday, August 27,2007, the Joint Powers Board met and our understanding is the Board was sympathetic to the situation but felt they were already waiving as much as $50,000 in water fees over the years. Legally, state statute says that for errors the statute of limitation applies (6 years). However, the Board is sympathetic to the situation and wants to be as fair as possible. They are requiring staffto go back one year for the Joint Powers portion and will allow the customer up to two full years to pay it without any penalties or interest. The one year bill is as follows: Albertville Water Albertville Sewer JP Water MN Sales Tax $2,748.58 $11,993.93 $8,183.18 $531.92 Total bill $23,457.61 3 Mayor and Council Communication - September 4, 2007 C J's Laundromat, 11135 61st St NE # A, Albertville Minnesota Page 2 of3 KEY ISSUES: . CJ's Laundromat owner John Jones has stated his business can not afford to pay any back billing and may not be able to stay in business with Albertville's current rate structure. . CJ's is a renter and the ultimate responsible party if Mr. Jones does not pay is the building owner Andrew Savitski. . According the City Engineer Nafstad, wastewater from Laundromat operations that use large amounts of chemicals do place the highest demands on the City's municipal treatment systems. . The Joint Powers Water Board is in the process of comparing regional water rates and is in the process of completing a water rate study. It may be a while before this information is available. . Historically, the City has gone back and charged billings back one year. For example, when Heidi's car wash started, an error was made, and they were not charged for sewer. Similarly, the City made arrangements for payments without interest and penalty. POLICY CONSIDERATIONS: The City's current policy is to go back one year and allow I the customer to make payments. FINANCIAL CONSIDERATIONS: Past practice would indicate CJ's Laundromat (Mr. Savitski) is responsible to make arrangement to pay the outstanding bill or have it assessed to the property taxes. LEGAL CONSIDERATIONS: The City has the legal authority to certify delinquent utility bills to the Wright County Auditor for collection through the property tax system. In November, City staff brings forward a list of delinquent accounts for certification and the Council holds a public hearing on the matter. Following the public hearing, the Council can make adjustments and/or certify the entire amount to be assessed against the property. Respectfully Submitted Larry R. Kruse City Administrator Department/Responsible Person: Tina Lannes, Finance Director Attachments: Draft Resolution M:\Public DatalCity CouncillCouncil Packet information\2007109-04-07109 04 2007 CTs Laundromat Andrew Savitski Utility Bill ReA Aug 2007.doc Agenda Item No. lO.C.4. Meeting Date September 4, 2007 4 Mayor and Council Communication - September 4, 2007 C J's Laundromat, 11135 61st St NE # A, Albertville Minnesota Page 3 of .3 Draft Resolution CITY OF ALBERTVILLE COUNTY OF WRIGHT STATE OF MINNESOTA RESOLUTION NO. 2007- RESOLUTION SETTING THE AMOUNT OF UTILITY BILL TO COLLECT FROM CJ'S LAUNROMAT, ANDREW SA VITSKI PID# 101033001010 WHEREAS, the City identified a one decimal meter reading error in the utility account of CJ's Laundry who is the renter of property owned by Andrew Savitski PID# 101033001010; and WHEREAS, this error has been going on for an estimated eleven years; and WHEREAS, there was no malicious intent to not pay what was rightfully due, and . WHEREAS, it has been identified that the following is the billing amount for the past year: Albertville Water Albertville Sewer JP Water MN Sales Tax $2,748.58 $11,993.93 $8,183.18 $531.92 Total bill $23,457.61 WHEREAS, the City has the desire to forgive all prior balances beyond one year and allow the customer to enter into an agreement for payment of the account. NOW, THEREFORE be it resolved by the City Council of the City of Albertville, County of Wright, State of Minnesota: That City Staff is hereby directed to prepare an agreement allowing for payment of the $23,457.61 over a two year period without penalty or interest. If staff is not able to get an agreement signed by October 1,2007, to bring this account forward in October/November for a public hearing to certify the outstanding balance against the respective property. Adopted by the Albertville City Council this 4th day of September, 2007 M:\Public Data\City Council\Council Packet information\2007\09-04-07\09 04 2007 CJ's Laundromat Andrew Savitski Utility Bill RCA Aug 2007 .doc Agenda Item No. lO.C.4. Meeting Date September 4, 2007 45_ ~ 1\!~~E!xtlL€ Mayor and Council Communication NORTHWEST ASSOCIATED CONSULTANTS, INC. 4800 Olson Memorial Highway, Suite 202. Golden Valley, MN 55422 Telephone: 783.231.2555 Facsimile: 783.231.2581 planners@nacplanning.com MEMORANDUM TO: Larry Kruse FROM: Cassie Schumacher-Georgopoulos / Alan Brixius DATE: Updated: August 7, 2007 August 23, 2007 RE: Albertville - OJ's Heating and Air Conditioning Conditional Use Permit NAC FILE: 163.06 - 07.15 BACKGROUND OJ's Heating and Air Conditioning has applied for a conditional use permit for outdoor storage. The outdoor storage will span across OJ's lot to the east and across A. Savitski's lot to the north of the building. OJ's is located on the northeast corner of CSAH 19 and CSAH 37 in Albertville. The City has been working with OJ's to bring the site into compliance with the Zoning Ordinance. The property in question is currently zoned B-3, Highway Business District. The property and business owner has worked with the City to bring the site into compliance with the Ordinance. One of the requirements to bring the site into compliance was to apply for the conditional use permit for outdoor storage. Attached for Reference: Exhibit A Exhibit B Exhibit C Exhibit 0 Site Plan Aerial Map M PCA Outdoor Storage requirements Fence Detail 47 Mayor and Council Communication - September 4, 2007 DJs Heating and Air Conditioning Conditional Use Permit (CUP) Page 2 of8 ISSUE ANALYSIS Location. DJ's Heating and Air Conditioning is located at 6060 LaBeaux Avenue NE on the northeast corner of CSAH 19 and CSAH 37. Zoninq. The property is zoned B-3, Highway Business District. The B-3 Districts allows for Outdoor Storage under. a conditional use permit, Outdoor Sales as an accessory use, and Temporary Outdoor Seasonal Sales as a permitted use per further regulations. Conditional Use Permit. DJ's has proposed to create an 18,597 sqft outdoor storage area to the east side of the heating and air conditioning building and to the north of the A. Savitski. The storage area is to have an 8 foot high fence. DJ's is proposing to store dumpsters, storage trailers, pallets, used appliances, pipes, hot tubs, equipment and trailers. The outdoor storage of air-conditioning and heating equipment and household appliances requires DJ's to either certify a condition of no exposure or develop a Stormwater Pollution Prevention Plan (SWPPP) by the Minnesota Pollution Control Agency. Certify No Expose: To certify a condition of no exposure would require that no air-conditioning and heating equipment or household appliance materials are exposed to precipitation or stormwater runoff now or in the foreseeable future. The business would pay no fee, would not have to do any record keeping or reporting (other than re-certifying every 5 years). Get SWPPP: Develop a Stormwater Pollution Prevention Plan. Apply for the permit, following the requirement of the permit including pay an annual fee (currently $400), submit an annual report, follow and update the SWPPP as necessary. DJ's should work with the MPCA to develop a plan to deal with the safe outdoor storage of the business equipment to keep contaminants out of the site's stormwater. The proposed storage area is currently paved and meets the requirements of the Ordinance. Tenant parking stalls for the A. Savitski building are proposed to be within the storage area. No materials are to occupy the parking stalls and shall be striped and signed as reserved. A 20 foot fire lane shall be provided through the outdoor storage area connecting the two gates on the east and west end. No storage of materials shall occur north of the building. Any lighting proposed for the storage area shall be hooded and not directed to any public right-of-way. Fencinq and Screeninq. An 8ft fence has been proposed to surround the outdoor storage area. The 2006 International Building Code requires a utility structure for M:\Public Data\City Council\Council Packet infonnation\2007\09-04-07\09 04 2007 DJs CUP R 2007-81 RCAdoc Agenda Item No. 10.E.3 Meeting Date September 4,2007 48_ Mayor and Council Communication - September 4, 2007 DJs Heating and Air Conditioning Conditional Use Permit (CUP) Page 3 of8 fences over 6 feet in height. The fence structure shall be built to withstand a 90 mph per 3 second gust with % inch of radial ice approved by the City Engineer and Building Official. Fence material details shall be supplied for Staff approval. The proposed fence shall be no less than 75% opaque and shall be constructed in a substantial, professional manner and of metal, wood, or other decay resistant material reasonably suited for the purpose for which the fence is proposed to be used. No outdoor storage materials may be stacked higher than the fence. Outdoor Sales. The site plan illustrates several outside sales areas. The outdoor sales areas are allowed as an accessory use in the B-3 District. The district allows for the outdoor sales area to be 20% of the gross floor area of the principal building. The site plan proposes for 2,872sqft of total area, which is less than the 3, 104sqft allowed. The outdoor sales areas shall be clearly and permanently delineated on the site. The outdoors sales area are proposed to include power equipment, hot tubs and spas, fireplaces, grills, nursery stock, bagged lawn products, bagged softener salt, propone tanks, and benches. The outdoor sales area shall not be placed in any required parking stalls and all pedestrian walkways shall be at least five feet wide. ParkinQ. The site plan proposes 90 parking stalls for patrons and 24 parking stalls for work trucks for a total of 114 stalls. With the mixture of retail, office, warehouse, and carwash 98 parking stalls are required; therefore, the site will have a surplus of 16 s~lIs. Retail - 15,520 * .9/200 = 69.84 - 70 spaces Office - 2,000 * .9/200 = 9 spaces Warehouse - 9,000 * .9/500 = 16.20 - 17 spaces Carwash - 2,500 = 2 spaces The current parking lot is not striped as shown on the site plan. Prior to allowing outdoor storage the parking lot will need to be striped in order provide parking for the patrons. All work trucks must be parked within the stalls designated on the submitted site plan. Temporary Outdoor Sales. The applicant will be required to apply for a temporary outdoor sales permit which shall be review by the City Zoning Administrator and comply with the requirements of the Ordinance. RECOMMENDA liON Based on the review of the submitted plans, staff recommends approval of the conditional use permit for outdoor storage with the following conditions: 1. The applicant shall work with the MPCA to develop a SWPPP or certify a condition of no exposure for the outdoor storage of air-conditioning and heating equipment and household appliances. M:\Public Data\City Council\Council Packet infonnation\2007\09-04-07\09 04 2007 DJs CUP R 2007-81 RCA.doc Agenda Item No. 10.E.3 Meeting Date September 4, 2007 49 Mayor and Council Communication - September 4, 2007 DJs Heating and Air Conditioning Conditional Use Permit (CUP) Page 4 of8 2. No storage materials shall occupy the tenant parking stalls for the A. Savitski Building. 3. All lighting shall be hooded and not directed to any public right-of-way. 4. The proposed 8 foot fence shall meet the 2006 International Building Code. 5. Details of the fence shall be provided for review. The proposed fence shall be no less than 75% opaque and shall be constructed in a substantial, professional manner and of metal, wood, or other decay resistant material reasonably suited for the purpose for which the fence is proposed to be used. 6. No outdoor storage materials may be stacked higher than the fence. 7. No storage of materials shall occur north of the building. 8. The outdoor sales areas shall be clearly and permanently delineated on the site. 9. A 20 foot fire lane shall be provided through the outdoor storage area connecting the two gates on the east and west end. 10. Prior to allowing outdoor storage and sales the parking lot will need to be striped in order provide parking for the patrons and areas for temporary outdoor sales. 11. All work trucks must be parked within the stalls designated on the submitted site plan. 12. The applicant will be required to apply for a temporary outdoor sales permit which shall be review by the City Zoning Administrator and meet the requirements of the Ordinance. In past staff meetings, City Staff had suggested OJ's fence should be one of wooden construction. At the August 14, 2007 Planning Commission, OJ's presented the commission with a detail of chain link fence weaved with gray rubber. tubing. The Commission agreed the fence proposal was adequate to screen the area. The City Council should comment on the look of the fence and if they feel the style appropriate. pc. Mike Couri, Tori Leonhardt, Bridget Miller, Adam Nafstad, Jon Sutherland DRAFT M:\Public Data\City Council\Council Packet infonnation\2007\09-04-07\09 042007 DJs CUP R 2007-81 RCA.doc Agenda Item No. 10.E.3 Meeting Date September 4, 2007 50- Mayor and Council Communication - September 4, 2007 DJs Heating and Air Conditioning Conditional Use Permit (CUP) Page 5 of8 CITY OF ALBERTVILLE COUNTY OF WRIGHT STATE OF MINNESOTA RESOLUTION NO. 2007-81 RESOLUTION APPROVING A CONDITIONAL USE PERMIT (CUP) FOR DJS HEATING AND AIR CONDITIONING, INC. LOCATED AT 6060 LABEAUX AVE NE WITHIN THE CITY OF ALBERTVILLE WHEREAS, DJs Heating and Air Conditioning, Inc. has submitted an application for a conditional use permit for the properties legally described as follows; and PRT OF SW 1/4 DESC AS FOLL. BEG AT PT ON W LNE OF SD 1/4, DIST OF 490.35 FT N OF SW CORTHEREOF, TH N ALG SD W LNE, DIST OF 240.87 FT TO SLY RJW LNE OF RR, TH SEL Y DEF 119 06M30S R ALG SD SLY RJW, DIST OF 320 FT, TH SWL Y DEF 90 OOM R, DIST OF 97.52 FT, TH WL Y DEF 60 53M30S R, DIST OF 232.14 FT TO POB TH PRT OF SW1/4COM AT SW COR OF SD SW1/4TH NALG W LN OF SD SWl/4 731.22FT TO SLY RJW LN OF BUR N RR TH SEL Y DEFI19D06'30"R ALG SD SLY RJW LN320FT TO ACT POB TH SWL Y D EF90DR 97.52FT TH E DEFI19D06'30"L200.47F T TO SLY RJW LN OF BUR N RR TH NWL Y ALG S D SLY RJW LN175.15FT TO POB TH PRT OF SW1/4DES COM SW COR TH N ALG W LN440.35FT TO POB TH E AT R AGL519.19FT TO SWLY RJW OF RR TH NWLY ALG R/WI02.84FT TO LN DRWN E AT R AGL TO W LN50FT N OF POB TH W ON SD LN429.32FT TO W LN TH S50FT TO POB THPRTOFLT 1 BLK 1 LY WLYOFFOLDES LN COMNW COR THELY ALGN LN ASMD BRG S89D54'20"E 261.73FT TO POB OF LN TH SOD 05'40"W 190.59FT TO PT ON S LN &TERM LOT 1 BLK 1 EX TR DES ON DOC706777 (001011) WHEREAS, City staff has reviewed submitted plans and prepared a planning report dated August 7, 2007; and WHEREAS, the Albertville City Council met on August 14,2007 to consider the DJs Heating and Air Conditioning, Inc. Conditional Use Permit application; and WHEREAS, the Albertville City Council has received the DJs Heating and Air Conditioning, Inc. application, site plan, staff review documents, and the Planning Commission M:\Public Data\City Council\Council Packet infonnation\2007\09-04-07\09 04 2007 DJs CUP R 2007-81 RCAdoc Agenda Item No. lO.E.3 Meeting Date September 4, 2007 51- Mayor and Council Communication - September 4, 2007 DJs Heating and Air Conditioning Conditional Use Permit (CUP) Page 6 of8 recommendation, and agrees with the findings and recommendation of the Planning Commission. NOW, THEREFORE BE IT RESOLVED, that the City Council of Albertville, Minnesota hereby approves the Conditional Use Permit for DJs Heating and Air Conditioning, Inc. subject to the attached Findings of Facts and Decision. Findings of Fact: Based on review of the evidence received, the City Council now makes the following finding of fact and decision: A. The site legally described as: PRT OF SW 1/4 DESC AS FOLL. BEG AT PT ON W LNE OF SD 1/4, DIST OF 490.35 FT N OF SW CORTHEREOF, TH N ALG SD W LNE, DIST OF 240.87 FT TO SLY RJW LNE OF RR, TH SEL Y DEF 119 06M30S R ALG SD SLY RJW, DIST OF 320 FT, TH SWL Y DEF 90 OOM R, DIST OF 97.52 FT, TH WL Y DEF 60 53M30S R, DIST OF 232.14 FT TO POB TH PRT OF SW1/4COM AT SW COR OF SD SW1/4TH NALG W LN OF SD SW1/4 731.22FT TO SLY RJW LN OF BUR N RR TH SEL Y DEF119D06'30"R ALG SD SLY RJW LN320FT TO ACT POB TH SWL Y D EF90DR 97.52FT TH E DEFI19D06'30"L200.47F T TO SLY RJW LN OF BUR N RR TH NWL Y ALG S D SLY RJW LN175.15FT TO POB TH PRT OF SW1/4DES COM SW COR TH N ALG W LN440.35FT TO POB TH E AT RAGL519.19FT TO SWLY RJW OF RR THNWL Y ALG RJWI02.84FT TO LN DRWN EAT R AGL TO W LN50FT N OF POB TH W ON SD LN429.32FT TO W LN TH S50FT TO POB THPRTOF LT 1 BLK 1 LYWLYOFFOLDESLNCOMNWCOR THELY ALGN LN ASMD BRG S89D54'20"E 261.73FT TO POB OF LN TH SOD 05'40"W 190.59FT TO PT ON S LN &TERM LOT 1 BLK 1 EX TR DES ON DOC706777 (001011) B. The planning report dated August 7, 2007 from Northwest Associated Consultants is incorporated herein. C. The proposed use can be accommodated with existing public services and will not overburden the City's service capacity. D. Traffic generated by the proposed use is within capabilities of streets serving the property as proposed. E. The requirements of the Albertville Zoning Ordinance have been reviewed in relation to the proposed use. M:\Public Data\City Council\Council Packet infonnation\2007\09-04-07\09 04 2007 DJs CUP R 2007-81 RCAdoc Agenda Item No. lO.E.3 Meeting Date September 4, 2007 52 Mayor and Council Communication - September 4, 2007 DJs Heating and Air Conditioning Conditional Use Permit (CUP) Page 7 of8 F. The proposed actions have been considered in relation to the specific policies and provisions of and have been found to be consistent with the Comprehensive Plan. G. The subject site is zoned B-3, Highway Commercial District. The proposed use is consistent with permitted uses within the B-3 District and will be compatible with present and future land uses of the surrounding area. H. The proposed use conforms to applicable Zoning Ordinance performance standards. I. The proposed use will not tend to or actually depreciate the area in which it is proposed. Decision: Based on the foregoing information and applicable ordinances, the City Council hereby APPROVES the conditional use permit based on the most current plans provided in the August 7, 2007 planning report and information received to date, subject to the following conditions: 1. The applicant shall work with the MPCA to develop a SWPPP or certify a condition of no exposure for the outdoor storage of air-conditioning and heating equipment and household appliances. 2. No storage materials shall occupy the tenant parking stalls for the A. Savitski Building. 3. All lighting shall be hooded and not directed to any public right-of-way. 4. The proposed 8 foot fence shall meet the 2006 International Building Code. 5. Details of the fence shall be provided for review. The proposed fence shall be no less than 75% opaque and shall be constructed in a substantial, professional manner and of metal, wood, or other decay resistant material reasonably suited for the purpose for which the fence is proposed to be used. 6. No outdoor storage materials may be stacked higher than the fence. 7. No storage of materials shall occur north of the building. 8. The outdoor sales areas shall be clearly and permanently delineated on the site. 9. A 20 foot fire lane shall be provided through the outdoor storage area connecting the two gates on the east and west end. 10. Prior to allowing outdoor storage and sales the parking lot will need to be striped in order provide parking for the patrons and areas for temporary outdoor sales. 11. All work trucks must be parked within the stalls designated on the submitted site plan. M:\Public Data\City Council\Council Packet infonnation\2007\09-04-07\09 04 2007 DJs CUP R 2007-81 RCAdoc Agenda Item No. 10.E.3 Meeting Date September 4, 2007 53 Mayor and Council Communication - September 4, 2007 DJs Heating and Air Conditioning Conditional Use Permit (CUP) Page 8 of8 12. The applicant will be required to apply for a temporary outdoor sales permit which shall be review by the City Zoning Administrator and meet the requirements of the Ordinance. Adopted by the Albertville City Council this 4tb day of September, 2007. , ' M:\Public Data\City Council\Council Packet infonnation\2007\09-04-07\09 04 2007 DJs CUP R 2007-81 RCAdoc Agenda Item No. lO.E.3 Meeting Date September 4, 2007 54 ~ ~l?.~!'!iJL€ Mayor and Council Communication August 30, 2007 SUBJECT: *National Flood Insurance Program Application RECOMMENDATION: It is respectfully requested the Mayor and Council consider adoption of a Resolution for application to the Department of Homeland Security (DHS), Federal Emergency Management Agency (FEMA) for participation in the National Flood Insurance Program (NFIP) and request staff to draft a Flood Plain Ordinance for consideration by the City of Albertville. If the Ordinance is approved by the City Council would allow staff to submit an application to FEMA for NFIP approval. BACKGROUND: Historically, Albertville has had some flooding problems in 2003 and 2005 which caused property damage. Right now homeowners do not have the option to I purchase flood insurance coverage because the City of Albertville does not participate in the National Flood Insurance Program. According to FEMA, if a home has flood insurance, a qualifying event would require overland flooding which affects at least two homes or two acres or more. FEMA will be updating the Wright County Flood Plain Maps in 2008 and 2009 and now may be the opportune time to join the program. The application process takes about two months to complete. Our neighboring Cities of St. Michael and Otsego participate in the program. For homeowners, the maximum coverage under the preferred plan is $250,000 and $100,000 for contents. Under the emergency program the maximum coverage is $35,000. KEY ISSUES: . Participation in the Federal National Flood Insurance Program requires adoption and enforcement of a Flood Plain Ordinance. POLICY CONSIDERATIONS: The proposed Ordinance adoption and participation in the National Flood Insurance Program is consistent with the City goals to help mitigate economic loss due to flooding. 55 Mayor and Council Communication - September 4, 2007 National Flood Insurance Program Page 2 of 3 FINANCIAL CONSIDERATIONS: Staff would complete the application and a modest amount of consultant time would be needed to draft and take the Flood Plain Ordinance through the City's approval process. Future enforcement ofthe Flood Plain Ordinance would be minimal, as the requirements would be similar to our current standards. LEGAL CONSIDERATIONS: The City has the authority to adopt a flood plain ordinance and join the National Flood Insurance Program. Respectfully Submitted ~ Larry R. Kruse City Administrator Department/Responsible Person: Larry Kruse Attachments: Draft Resolution M:\Public Data\City Council\Council Packet infonnation\2007\09-04-07\09 04 2007 National Flood Insurance Program Application and Ordinance. doc Agenda Item No. 10.E.2 Meeting Date September 4, 2007 56 Mayor and Council Communication - September 4, 2007 National Flood Insurance Program Page 3 of3 Draft Resolution CITY OF ALBERTVILLE COUNTY OF WRIGHT STATE OF MINNESOTA RESOLUTION NO. 2007- RESPOLUTION AUTHORIZING STAFF TO PREPARE A FLOOD PLAIN ORDINANCE AND SUBJECT TO ITS APPROVAL SUBMIT AN APPLICATION TO THE FEDERAL EMERGENCY MANAGEMENT AGENCY FOR INCLUSION IN THE NATIONAL FLOOD INSURANCE PROGRAM. WHEREAS, the Albertville City Council desires to apply to the Federal Emergency , Management Agency to join in the National Flood Insurance Program; and WHEREAS, the adoption of a Flood Plain Ordinance will help protect the health and welfare of the resident of Albertville. NOW, THEREFORE be it resolved by the City Council ofthe City of Albertville, County of Wright, State of Minnesota: The City Staff is hereby directed to prepare a Flood Plain Ordinance for consideration by the Planning Commission and City Council. Further Staff is directed to prepare an application and take the necessary steps to apply to the Federal Emergency Management Agency for application to the National Flood Insurance Program. Adopted by the Albertville City Council this 4th day of September, 2007 Ron Klecker, Mayor Bridget Miller, City Clerk M:\Public Data\City Council\Council Packet infonnation\2007\09-04-07\09 04 2007 National Flood Insurance Program Application and Ordinance. doc Agenda Item No. 10.E.2 Meeting Date September 4, 2007 57 ~ AJl?.~.!xiJL€ Mayor and Council Communication NORTHWEST ASSOCIATED CONSULTANTS, INC. 4800 Olson Memorial Highway. Suite 202. Golden Valley, MN 55422 Telephone: 763.231.2555 Facsimile: 763.231.25e1 planners@nacplanning.com MEMORANOUM TO: Larry Kruse FROM: Cassie Schumacher-Georgopoulos / Alan Brixius DATE: August 21,2007 RE: Albertville - Coin Operated Amusement Devises Ordinance NAC FILE: 163.05 - 07.18 BACKGROUND The City of Albertville has directed staff to prepare a definition for coin operated amusement devises to be included in the city code. The definition was sought to set boundaries for the City's licensing requirements of such machines. Currently no definition is in place. The proposed definition is taken from the City of Minnetonka due to similarity in the license requirements. Attached for Reference: Exhibit A Ordinance Amendment RECOMMENDATION The City Council should comment on the proposed definition and motion to approve or deny the inclusion of the definition to the City Code. pc: Mike Couri, Tori Leonhardt, Bridget Miller, Adam Nafstad, Jon Sutherland 59 Mayor and Council Communication - September 4, 2007 Amend 2005 Albertville Municipal City Code - Coin Operated Device Page 2 of2 DRAFT CITY OF ALBERTVILLE COUNTY OF WRIGHT STATE OF MINNESOTA ORDINANCE NO. 2007-11 AN ORDINANCE AMENDING TITLE 4 SECTION 4-2-5 RELATING TO COIN OPERATED AMUSEMENT DEVICES THE CITY COUNCIL OF THE CITY OF ALBERTVILLE, MINNESOTA ORDAINS: 1) SECTION 1. Section 4-2-5 relating to coin operated amusement devices is hereby amended to read as follows: 4-2-5: DEFINITION: Coin operated amusement devices means any machine, which upon the insertion of a coin, slug, token, plate or disc, may be operated by the public generally for use as a game, entertainment or amusement whether or not registering a score. It includes such devices as arcade/video games, marble machines, pinball machines, skill ball, mechanical grab machines, mechanical rides intended for use by children such as merry-go-rounds, horses, ferris wheels, etc; carnival, fair, and/or festival rides, and all similar games, operations, or transactions under whatever name they may be indicated. This Amendment Shall be in Full Force and Effective Immediately Following its Passage and Publication. Approved by the Albertville City Council the 4th day of September, 2007. Ron Klecker, Mayor Bridget Miller, City Clerk M:\Public Data\City Council\Council Packet infonnation\2007\09-04-07\09 04 2007 Coin Operated 0 2007-11 RCA.doc Agenda Item No. lO.E.3 Meeting Date September 4, 2007 60 ~ A1~~.!YQL€ Mayor and Council Communication 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 Albertville City Council FROM: Cassie Schumacher-Georgopoulos/Alan Brixius DATE: August 27,2007 RE: Albertville - Project Status Update NAC FILE: 163.05 - General By the Councils' request we are submitting a Project Status Update. The following items are currently in the works through the month of September and shall be completed in October: September Planning Commission Meeting - Freeway Sign Heights Ordinance Planned Unit Development Ordinance Albertville Marketplace (Phil Morris) Site and Building Plan Review October Planning Commission Meeting - Pheasant Ridge Apartment Variance Miscellaneous - Downtown Parking Lot Land Trades Staff has met with an assisted living provider discussion potential locations within the community to develop a facility. We have seen a slow down in the number of planning related project, but are continuing to progress on ongoing projects. 61 ~ A.J~~r:!.'!.iJL€ Mayor and Council Communication August 31, 2007 SUBJECT: *Towne Lakes 4th Addition Letter of Credit Reduction RECOMMENDATION: It is recommendation that letter of Credit No. 738 be reduced to $4,500. It is my belief based on BMl's recommendation that the reduced balance will be sufficient security for replacement of the trees. BACKGROUND: Rottlund Company, Inc.'s has requested release of Letter of Credit No. 738, currently in the amount of $30,000. To date, all required improvements, including the 45 _ townhouse units, have been completed with the exception of approximately 15 boulevard trees along Lamplight Drive. KEY ISSUES: · Upon review of the Development Agreements for the 3rd and 4th Additions, it appears that both of the agreements cover these plantings. However, until it is determined who will be responsible for the required trees, it is recommended that Letter of Credit No. 738 not be released in full. P6LICY CONSIDERATIONS: The City has a Development Agreement which insures that the work is completed pursuant to the plans and specifications. The Developer also warranties the work for a period of up to two years. It is reasonable to expect that the 15 trees be replaced prior to final release of the letter of credit. FINANCIAL CONSIDERATIONS: The City currently has a $30,000 letter of credit and it is the City Engineers recommendation that $4,500 is adequate security to insure the trees are replaced. LEGAL CONSIDERATIONS: The City has the legal authority under the Development Agreement to withhold $4,500 to insure the trees are replaced. Respectfully Submitted Larry R. Kruse City Administrator Department/Responsible Person: Adam Nafstad, Assistant City Engineer/Tina Lannes, Financer Director Attachments: Draft Resolution BMI Recommendation 63 Mayor and Council Communication - September 4, 2007 Towne Lakes 4th Addition Request for Release of Letter of Credit Page 2 of2 DRAFT RESOLUTION CITY OF ALBERTVILLE COUNTY OF WRIGHT STATE OF MINNESOTA RESOLUTION NO. 2007- RESOLUTION REDUCING TOWNE LAKES 4TH ADDITION LETTER OF CREDIT FROM $30,000 TO $4,500. WHEREAS, pursuant to the Development Agreement the Rottlund Company has the right to request a reduction in their Letter of Credit when work is completed as per the plans and specifications; and WHEREAS, the Rottlund Company has a $30,000 Letter of Credit on file with the City; and . WfmREAS, the City's Engineer recommends reducing the Letter of Credit from $30,000 to $4,500, which is adequate to insure replacement of identified dead trees. NOW, THEREFORE, the City Council hereby lowers the Letter of Credit requirement to $4,500. Adopted by the City Council of the City of Albertville this 4th day of September 2007. Ron Klecker, Mayor Bridget Miller, City Clerk M:\Public Data\City Council\Council Packet infonnation\2007\09-04-07\09 04 2007 Towne Lakes 4th Addition Letter of Credit Reduction.doc Agenda Item No. to.F.t Meeting Date September 4, 2007 64 ~ A.l~_r!XtlL€ Mayor and Council Communication August 31, 2007 Subject: * Albertville-St. Michael Building One Letter of Credit Reduction #1. RECOMMENDATION: Approve the reduction in the Albertville - St. Michael Medical Clinic's Letter of Credit No. 530013, currently in the amount of $270,500 to $14,500 BACKGROUND: To date, all required municipal, on- and off-site, and landscaping improvements have been constructed. With the exception of minor punch list type items and landscaping issues, all improvements have been found to be in general compliance with the plans and specifications. KEY ISSUES: · A minor punch list of items remains to be completed and staff is comfortable that the $14,500 is adequate security. POLICY CONSIDERATIONS: This reduced balance is consistent with the warranty requirements of the Development Agreement and is believed to be sufficient security for the cmhpletion of the punch list items and landscaping requirements FINANCIAL CONSIDERATIONS: There are "no financial implications for this request. LEGAL CONSIDERATIONS: The City has the legal authority under the Development Agreement to withhold $14,500 to insure the remaining punch list items are completed. Respectfully Submitted Larry R. Kruse City Administrator \Department/Responsible Person: Adam Nafstad, Assistant City Engineer/Tina Lannes Financer Director Attachments: Draft Resolution BMI Recommendation 65 Mayor and Council Communication - September 4, 2007 Towne Lakes 4th Addition Request for Release of Letter of Credit Page 2 of3 DRAFT RESOLUTION CITY OF ALBERTVILLE COUNTY OF WRIGHT STATE OF MINNESOTA RESOLUTION NO. 2007- RESOLUTION REDUCING ALBERTVILLE-ST. MICHAEL MEDICAL CLINIC LETTER OF CREDIT NUMBER 530013 FROM $270,500 TO $14,500. WHEREAS, pursuant to the Development Agreement the Albertville - St. Michael Medical Clinic has the right to request a reduction in their Letter of Credit when work is completed as per the plans and specifications; and WHEREAS, the Albertville - St. Michael Medical Clinic has a $270,500 Letter of Credit on file with the City; and WHEREAS, the City's Engineer recommends reducing the Letter of Credit from $270,500 to $4,500, which is adequate to insure the remaining punch list items are resolved. NOW, THEREFORE, the City Council hereby lowers the Letter of Credit requirement to $14,500. Adopted by the City Council of the City of Albertville this 4th day of September 2007. Ron Klecker, Mayor Bridget Miller, City Clerk M:\PubIic Data\City Council\Council Packet infonnation\2007\09-04-07\09 04 2007 Medical Clinic Letter of Credit Reduction.doc Agenda Item No. lO.F.2. Meeting Date September 4,2007 66- Mayor and Council Communication - September 4, 2007 Towne Lakes 4th Addition Request for Release of Letter of Credit Page 3 of3 !j\ ElOLTOI'J &. I'v1 E: I'J 1<., I "'-IC. Consulting Engineers & Surveyors 7533 Sunwood Drive. Suite 206. Ramsey, MN 55303 Phone (763) 433-2851 . FAX (763) 427-0833 August 29,2007 Mr. Larry Kruse, City Administrator City of Albertville 5959 Main Avenue NE, P. O. Box 9 Albertville, MN 55301 RE: Albertville Medical Clinic - Building No. 1 Albertville, Minnesota . BMI Project No. T15.21660 Dear Mr. Kruse: I have reviewed Albertville - St. Michael Medical Clinic's request to reduce Letter of Credit No. 530013, currently in the amount of $270,500. To date, all required municipal, on- and off-site, and landscaping improvements have been constructed. With the exception of minor punchlist type items and landscaping issues, all improvements have been found to be in general compliance with the plans and specifications. It is recommended that letter of Credit No. 530013 be reduced to no less than $14,500. This reduced balance is consistent with the warranty requirements of the Development Agreement and is believed to be sufficient security for the completion of the puncWist items and landscaping requirements. Please let me know if you have any questions or would like additional information. Sincerely, BOLTON & MENK, INC. Adam Nafstad, P. E. Assistant City Engineer cc: Tina Lannes - Albertville Finance Director M:\Public Data\City CounciJ\Council Packet infonnation\2007\09-04-07\09 04 2007 Medical Clinic Letter of Credit Reduction.doc Agenda Item No. lO.F.2. Meeting Date September 4, 2007 67 ~ AJ~~r:!.'dlL€ Mayor and Council Communication 1\ eOLTON &. ~ENK., INC. Consulting Engineers & Surveyors 7533 SunwoodDrive . Suite 206 . Ramsey, MN 55303 Phone (763) 433-2851 . FAX (763) 427-0833 MEMORANDUM Date: August 30th, 2007 To: The Honorable Mayor and City Council Cc: Larry Kruse, Albertville City Administrator From: Adam Nafstad, P.E., Assistant City Engineer Subject: Project Status Update The following is a brief project status update as of August 30th, 2007: 1. Flood Mitigation Project Staff is working with the School District and St. Michael on wetland mitigation alternatives for the ditch bypass. The bypass will impact existing wetland areas, which will require mitigation. Staff is seeking to either purchase credits from a wetland bank or from the School District. The pond excavation is complete, but will not be online until a ditch bypass has been implemented. 2. 2007 Overlay Project With the exception ofpunchlist items, all major work is complete. 3. 2007 Seal Coat Project Seal coating has been completed and the final sweep is scheduled for mid-September. 4. Winter Park Improvements Proiect Mass grading is complete and it is expected that the work on the parking lot and trail will resume the first week of September. 5. CSAH 19 Proiect (57th Street to Albertville Southerly Limits) Phase II (north bound lanes) is well underway. It is expected that utility work and general excavation will be completed in the next 2-weeks with road construction and concrete work to follow. The Contractor anticipates paving the north bound lanes in approximately 4-5 weeks. 69_ Mayor and Council Communication - September 4, 2007 Towne Lakes 4th Addition Request for Release of Letter of Credit Page 2 of 2 6. 52nd Street Proiect Final grading of lots is now taking place in conjunction with the Fraser site improvements. Construction of the lift station driveway and placement of the final lift of bituminous is scheduled for the end of September. 7. Lachman A venue Extension Bids will be received September 11 th and the comment period for the wetland impact ends September 7th. Staff will present the bids and a recommendation for the proposed wetland impact at the September 1 ih City Council meeting. 8. Phil Morris Lift Station A pre-construction meeting for the project will be held the first week of September. Construction is anticipated to begin mid-September. 9. 57th Street Sidewalk Proiect Staff is working with the Youngdahl's to come to an agreement regarding the needed permanent easement. 10. Towne Lakes 4th, 5th and 6th Addition Staff is working with the Developer and Contractor to complete all outstanding punchlist issues. 11. Albertville Market Place Clearing of the site and grading has begun. The Developer anticipates on completing the majority of the site work this fall. I will be at your September 4th City Council meeting to answer any questions concerning these and/or other projects taking place in town. M:\Public Data\City Council\Council Packet infonnation\2007\09-04-07\09 04 07 Engineer's Report.doc Agenda Item No. lO.F.3. Meeting Date September 4, 2007 70- ~ ~~~rt~JL€ Mayor and Council Communication August 31, 2007 Subject: Gold Key Letter of Credit Reduction RECOMMENDATION: It is respectfully requested the Mayor and Council consider staff's recommendation to adopt a Resolution for a reduction in the Letters of Credit posted by Gold Key as follows: · Reduce the $680,337.00 letter of credit to $217,469.37 ($190,387.53 plus $20,000.00 retainage for the ditch plus $7,081.84 for unpaid City bills). · Reduce the $53,000.00 letter of credit to $34,000.00 · Keep the $58,200.00 letter of credit at its current amount until the remaining amount of landscaping installation has been determined. BACKGROUND: In light of the recent Court ruling in the litigation against Gold Key, and upon the advice of myself and Iverson Reuvers, the firm representing the City in the Gold Key litigation, City Staff is recommending a reduction in the letters of credit submitted by Gold Key pUrsuant to the terms of the Developer's Agreement. Gold Key originally submitted three letters of credit in the following amounts: · A $680,000.00 letter of credit representing a 50% security for the special assessments levied against the properties. Under the Developer's Agreement, this letter of credit may be reduced in proportion to the special assessments paid. To date, 72.02% of the special assessments have been paid. Reducing this letter of credit by 72.02% would leave a letter of credit balance of$190,387.53. · A $53,000.00 letter of credit for "on- and off-site improvements", which was calculated at $1,000 per lot for items such as bituminous driveways, sod and trees on each lot. To date, 19 lots have been completed. Reducing the letter of credit calculation by 19 lots would leave a letter of credit balance of $34,000.00. · A $58,200.00 letter of credit for landscaping, representing 150% of the estimated cost of the landscaping improvements required. To date, all of the evergreen trees that were required to be installed have been, as have the landscaping improvements in the entrance median. However, only a handful of the shrubs have been installed and four of the evergreen trees have since died. The Developer needs to replace the four dead trees and install the remaining shrubs. At this point we do not know the amount by which this letter of credit should be reduced, as the prices originally submitted for the landscaping are now three years old. Staff recommends no reduction in the landscaping letter of credit at this time, but we will be requesting that the Developer submit a contractor's current quote for the replacement of the four trees and the installation ofthe remaining shrubs. Upon review 71_ Mayor and Council Communication - September 4, 2007 Gold Key Letter of Credit Reduction Page 2 of :?1 and recommendation by Staff, a reduction in the landscaping portion of the letter of credit would then be brought back to the City Council for consideration. . The City Engineer recommends that the City retain an additional $20,000.00 in letter of credit amount for the required separation of an existing east-west drainage ditch from the storm water ponds on this site as a potential fix to some of the drainage violations on this plat as cited by the MPCA. This amount should be retained in the $680,337.00 letter of credit. . In addition, the Developer owes the City $7,081.84 in unpaid consultant bills. This amount should also be retained in the $680,337.00 letter of credit. KEY ISSUES: . Compliance with the Court Order and City Development Agreement. POLICY CONSIDERATIONS: The City enters into Development Agreements outlining the terms and conditions of payment and Letter of Credit Reductions. This action is consistent with past practices. FlNANCIAL CONSIDERATIONS: The reduction in the letters of Credit for completed work that has been accepted by the City Engineer has no financial implications for the City. LEGAL CONSIDERATIONS: The City has the legal authority to reduce the letters of credit pursuant to the Developers Agreement and advice of our City Engineer and Attorney. While the City Attorney and special counsel are recommending that the City reduce the letter of credit, the proposed reduction will reduce the amount of security that would be available to the City to cure the defects the City believes remain in the design of the plat. However, the City would only be able to draw on the letters of credit for that purpose if the District Court's decision were reversed on appeal and the City ultimately prevailed in this case. With no opportunity to file an appeal at this time, it may be several years and several Court decisions before we could be in that position. Given the lengthy time periods involved, Staff believes that granting the reductions set out in this memo is the best course of action at this time. Respectfully Submitted ~ Larry R. Kruse City Administrator Department/Responsible Person: Finance Director Lannes Attachments: Draft Resolution M:\Public Data\City Council\Council Packet infonnation\2007\09-04-07\09 04 2007 Gold Key Letter of Credit Reduction RCA.doc Agenda Item No. to.G.t. Meeting Date September 4, 2007 72- Mayor and Council Communication - September 4, 2007 Gold Key Letter of Credit Reduction Page 3 of :3 Draft Resolution CITY OF ALBERTVILLE COUNTY OF WRIGHT STATE OF MINNESOTA RESOLUTION NO. 2007- RESPOLUTION AUTHORIZING REDUCTION IN GOLD KEY'S LETTERS OF CREDIT FOR THE PRAIRIE RUN DEVELOPMENT WHEREAS, Gold Key has a $680,000.00 letter of credit representing a 50% security for the special assessments levied against the properties; and WHEREAS, Gold Key has a $53,000.00 letter of credit for "on- and off-site improvements", which was calculated at $1,000 per lot for items such as bituminous driveways, sod and trees on each lot.; and WHEREAS, Gold Key has a $58,200.00 letter of credit for landscaping, representing 150% of the e,stlmated cost of the landscaping improvements required. NOW, THEREFORE be it resolved by the City Council of the City of Albertville, County of Wright, State of Minnesota reduce Gold Key's Letters of Credit as follows: · Reduce the $680,337.00 letter of credit to $217,469.37 ($190,387.53 plus $20,000.00 retainage for the ditch plus $7,081.84 for unpaid City bills). · Reduce the $53,000.00 letter of credit to $34,000.00 · Keep the $58,200.00 letter of credit at its current amount until the remaining amount of landscaping installation has been determined. Adopted by the Albertville City Council this 4th day of September, 2007 Ron Klecker, Mayor Bridget Miller, City Clerk M:\Public Data\City Council\Council Packet infonnation\2007\09-04-07\09 04 2007 Gold Key Letter of Credit Reduction RCAdoc Agenda Item No.1 O.G.1. Meeting Date September 4, 2007 73_ ~ Al~~r.!!iJL€ Mayor and Council Communication Couri, MacArthur & Ruppe, P.L.L.P. Memo To: Larry Kruse, City Administrator; Albertville City Council From: Mike Couri Date: August 27, 2007 Re: Attorney Report Below is an update of the projects our office has been working on for the City. , , · CSAH 19 Improvement. I have been working with Larry, Tina and Adam regarding possible changes to the assessment roll. These options will be on the September 4th agenda. · Knecht( ROW Purchase. I am still working with Dr. Knechtl's attorney regarding Dr. Knechtl's proposed changes to the purchase agreement. I don't believe that any changes will be necessary, but I am awaiting confirmation from Dr. Knechtl's attorney on this. · State Buildine Code Adoption. The building code adoption ordinance (including sprinkler provision) has been approved by the State. · Albertville Marketplace (Phil Morris Property). The plat and all accompanying documents have been recorded at the County Recorder's Office. I assume that the Developer will now start marketing the lots. · Prairie Run Litieation. The Court issued a supplemental order to accompany its prior order. This supplemental order appears to clarify the prior order somewhat, but does not significantly change the posture of the case. 75' Mayor and Council Communication - September 4, 2007 City Attorney Report Page 2 of2 · Field Plaza 2nd Addition. I have replied to the Developer's attorney's proposed changes to the Developer's Agreement and am waiting for a response. Weare ready to move forward with the final Developer's Agreement. · Karston Cove 3rd Addition. The Developer on this plat has inquired about the possibility of putting the south portion ofthe plat on "hold" and having his letter of credit released. Our initial reaction is that the existing, unbuilt lots would have to be replatted as an outlot, and that the Developer's Agreement would have to be modified to require development in a similar lot configuration when the property is replatted in the future. Staff will be discussing this possibility with the Developer shortly. · XCEL Electric Franchise. Our electric franchise with XCEL Energy will be expiring shortly. XCEL has submitted a new, 20 year franchise agreement for the City's consideration. We are currently modifying that agreement to come into line with the League's model agreement, and will be presenting a draft for review by XCEL shortly. The City's franchise agreement with Wright Hennepin will expire next year and will need to be renewed soon also. M:\Public Data\City Council\Council Packet infonnation\2007\09-04-07\09 042007 Attorney Report.doc Agenda Item No. to.G.2 Meeting Date September 4, 2007 71. ~ A.J~~r.!!iJL€ Mayor and Council Communication August 31, 2007 SUBJECT: * A Resolution Establishing the Annual Retirement Benefit for the Albertville Volunteer Fire Department Relief Association, effective January 1, 2008. RECOMMENDATION: It is respectfully requested the Mayor and Council consider raising the Albertville Fire Relief Pension from $1,600 per year of service payable in 2007 to $1,700 per year of service payable in 2008. BACKGROUND: The Albertville Fire Reliefhas approached the Albertville City Council and requested raising the Fire Relief Pension. from $1,600 to $1,850 per year of service. After much discussion on the City's ability for afford such a large increase, the City Council was agreeable to a $100.00 per year of service increase in 2008. The Council discussed future increases to be tied to the rate of increase that the regular City employees receive each year subject to Council approval in that particular year. KEY ISSUES: · Albertville Fire Department Budget is made up of a portion of the City of St. Michael and Otsego. St. Michael represents approximately 7% and Otsego 14%, with the remaining 79% being the City of Albertville. At some time in the future this area may not be served by the City of Albertville, thus the state aid will be reduced causing a pension funding shortfall. POLICY CONSIDERATIONS: The proposed increases are consistent with the adopted 2008 preliminary budget. FINANCIAL CONSIDERATIONS: Each additional $100 per year of service in the annual Fire Relief pension has a cost of $33,000. The plan is to increase the Fire Relief Pension from $1,600 to $1,700, however the City will not pay additional dollars into the Relief Association Fund, as they are fully funded and have enough excess funds. The amount of excess depends on the Fire Relief Association's return on investments. Ultimately, the City would be liable to fund shortfalls below the 80% level, unless they lowered the per year of service amount. LEGAL CONSIDERATIONS: The City Council has the authority to increase or decrease the Fire Relief Pension and must by state law fund it to 80% of the outstanding liability. Respectfully Submitted ~ Larry R. Kruse City Administrator \Department/Responsible Person: Tina Lannes, Finance Director Attachments: Draft Resolution '17 Mayor and Council Communication - September 4, 2007 Albertville Volunteer Fire Department Relief Association 2008 Pension Page 2 of ~ CITY OF ALBERTVILLE COUNTY OF WRIGHT STATE OF MINNESOTA RESOLUTION NO. 2007-82 A RESOLUTION ESTABLISHING THE ANNUAL RETIREMENT BENEFIT FOR THE ALBERTVILLE VOLUNTEER FIRE DEPARTMENT EFFECTIVE JANUARY 1, 2008 WHEREAS, the City Council of the City of Albertville is desirous of increasing the annual retirement benefit for the Albertville Fire Department effective January 1,2008; and WHEREAS, the City Council is committed to contribute $1,700 as the 2008 municipal contribution to the Albertville Fire Relief Association. NOW, THEREFORE, BE IT RESOLVED, the City Council of the City of Albertville hereby establishes the retirement benefit of the Albertville Fire Relief Association at $1,700 per year of service for all members based on their years of service as active Fire Department members. Adopted by the City Council of the City of Albertville this 4th day of September 2007. Ron Klecker, Mayor Bridget Miller, City Clerk M:\Public Data\City Council\Council Packet infonnation\2007\09-04-07\09 042007 Fire Relief Association Pension Amount RCA.doc Agenda Item No. to.H.t. Meeting Date September 4, 2007 -~ ~ ~~~t'!QL€ Mayor and Council Communication MEMORANDUM Date: August 30, 2007 To: City Council From: Larry R. Kruse, City Administrator Re: General Update CONSTRUCTION UPDATE Both residential and commercial building activity remains quite slow. We have issued 35 new home permits and almost $10 million in total permits year to date. At this pace, we will be at 50% of the pervious three year level. Building Official Sutherland was on vacation for two weeks, and while he was gone, his technician was also out on medical leave. In the mean time we have been providing inspection on an alternating day basis, which has not caused any problems. MINNESOTA LOGO'S I)avid DeSutter informed us that they will be installing new 1-94 informational sign informing 1- 94 traffic about food, lodging and fueling opportunities near the interchanges. DOWNTOWNPAIDaNG~ANDEXCHANGE City Planner Brixius and I met with 152 Club owner Deb Holms on Tuesday, August 21 st to reviewed the land appraisal and discuss strategies on how we proceed. Deb needs to know all of the details to make a decision soon as she would need to complete moving the sand volleyball courts this fall in order to be ready for the April volleyball season. Otherwise she could lose an entire season. NAC is putting together a phasing plan and BMI will provide an estimated cost. CITY HALL PLAT AND CITY HALL SOUTH PAIDaNG LOT Discussions on hold pending sale of the Albertville Body Shop. RENTAL OF OLD CITY HALL 5975 MAIN AVENUE NE Sporadic interest, but no serious takers at this time. OLD PUBLIC WORKS BUILDING Sporadic inquiries, but no serious takers yet. FRASER STEEL TIF AND COMPLETION OF 52ND STREET NE Fraser is completing their site preparation and Fehn's will now be able to complete our Industrial Park grading and installation of the bituminous wear coarse. G.O. IMPROVEMENT BONDS OF 2007 Bond sale finalized. ~- Mayor and Council Communication - September 4, 2007 City Administrator Report COTTAGES OF ALBERTVILLE REFINANCING Bond Sale finalized. Page 2 of3 STORMW ATER POND PROJECT Engineer Nafstad is working with St. Michael and the Technical Evaluation Panel (TEP) on a mitigation plan for the inlet to the pond. FIELDSTONE ELEMENTARY SCHOOL Staff has been working with school officials on pedestrian plan for students to walk to the new elementary school. Staff will be recommending installation of a four way stop and crosswalks on 52nd Street NEand Kahl Avenue NE. CSAH 19 SOUTH PROJECT Construction is on schedule and the assessment process is ongoing. CSAH 19 NORTH PROJECT A joint meeting with the City of Otsego to meet with Wright County Commissioners Elmer Eichelberg and PatSawatzke has been scheduled for Tuesday, September 25th at 7:00 p.m. in the Albertville Council Chambers. The purpose of the meeting is to encourage Wright County funding for CSAH 19 North Improvements. ALBERTVILLE PREMIUM OUTLETS BERM City Engineer Nafstad and I are meeting with Chelsea's engineer to resolve the dirt pile. As earlier reported, Wright County Soil and Water and the Department of Natural Resources (DNR) have directed Chelsea to bring the site into compliance with the approved grading plan. Several concepts are being discussed including completing the mass grading of the City owned Outlot E and utilizing their material to complete that effort. 10141 49TH STREET NE PROPERTY Residents in this neighborhood have been upset about the unsightly appearance of this unfinished new home. Staff has given notice to the owner giving them six days to secure the house or the City will proceed to secure it. The yard has been somewhat cleaned up by the Public Works Department under the mowing ordinance. M:\Public Data\City Council\Council Packet infonnation\2007\09-04-07\09 04 2007 Administrator Report.doc Agenda Item No. _ Meeting Date September 4,2007 c;;o Mayor and Council Communication - September 4, 2007 City Administrator Report Page 3 of 3 1-94 IMPLEMENTATION TASK FORCE MEETING S.E.H. continues to work on the MNDOT Staff Approved Layout. This work will be substantially completed and a report will be given at our 5:30 p.m., October 17th Task Force meeting REED BED UPDATE The Utility Department has been diverting effluent from the newly planted reed beds to the holding ponds thus allowing the new reeds a chance to become established. Growth has been very slow, but we are making progress. I envision that we will continue to divert the majority of the effluent until freeze up. Weare regularly in touch with our consulting engineer and the reed bed supplier monitoring its progress. CITY HALL CONSTRUCTION The General Contractor has been finalizing punch list and warranty items. It appears most of these items have been completed, but a couple items still remain. Building Official Sutherland has two outstanding code issues which need to be resolved. The first is omission of a gate to prevent people from going in the basement during an emergency. Without a gate people evacuating the upstairs may miss the main level exit and proceed to the basement where they are then trapped. The second issue is panic hardware in the Council Chambers and multi-purpose room hallway doors. Although there are adequate exits (4) directly to the outside, Jon's interpretation of the code requires panic hardware on the internal hall doors. . M:\Public Data\City Council\Council Packet infonnation\2007\09-04-07\09 04 2007 Administrator Report.doc Agenda Item No. _ Meeting Date September 4, 2007 ~I- . CONTRACTOR North Valley, Inc. @ W.B. Miller, Inc. @ Hardrives, Inc. ~ Dennis Fehn Gravel & Excavating Rum River Contracting Northwest Asphalt Dresel Contracting Northdale Construction Highway Technologies Matt Bullock Contracting Co. ASTECH Corp. 1111 Hakanson Anderson 11 Assoc.. Inc. Knife River New Look Contracting, Inc. Motzko Company Omann Bros. .' ot376bidderslist Bidders List OT376 City of Otsego 70th Street Improv~ments September 4, 2007, 2:00 p.m. BID BOND Rec.'v Addendum No.1 BASE BID