2007-09-17 CC PacketNibertville City of Albertville Council Agenda
5md Town UAnw We My Ufa.
SEPTEMBER 17, 2007
7:00 PM
PUBLIC COMMENTS -The City of Albertville welcomes and encourages public input on issues listed
on the agenda or of general community interest. Advertised public hearings are scheduled as such so that
the public is afforded an opportunity to speak. Citizens wishing to address the Mayor and Council
regarding specific agenda items, other than public hearings should indicate so and will be afforded an
opportunity during the discussion of said item, Council willing and time permitting. Citizens wishing to
speak on matters not listed on the agenda (or items on the agenda that did not include an opportunity to
speak) are always afforded the opportunity to do so under the heading "Citizens Addressing the Council",
usually scheduled at the beginning and end of the agenda. Presentations are limited to three (5) minutes.
In any case, citizens are asked to complete a `Request to Speak Card'.
1. PLEDGE OF ALLEGIANCE
2. CALL TO ORDER — ROLL CALL — ADOPT AGENDA
3. APPROVE MINUTES: August 22, 2007; August 27, 2007; and September 4, 2007 (pgs.
1-26)
4. CITIZEN ADDRESSING THE COUNCIL - (5 minute limit)
5. 0 CONSENT AGENDA
All items with an asterisk () are considered to be routine by the City Staff and will be
enacted by one motion. There will be no separate discussion of these items unless a
Council member so requests. In such event, the item will be removed from the General
Order of Business and considered in its normal sequence on the agenda.
Items
6.A.1.
Public Works Report
6.A.2.
Public Works — Sale of Equipment
6.11.1.
Finance — Bills
6.13.2.
Finance — Donation
6.13.3.
Finance - Pay Request
6.C.1.
City Clerk — Liquor License
6.C.2.
City Clerk — Gambling Permit
6.C.3.
City Clerk — Outdoor Permit
6.C.4.
City Clerk — Liquor License
6.D.1. Planning - Request for Extension from Curt Gentile
6.E.1. Karston Cove 3rd Extension
City of Albertville Council Agenda
Page 2 of 3
6. DEPARTMENT BUSINESS
A. Public Works Department
1). 0 Public Works and Parks Maintenance Report (pgs. 27-28)
2). 0 Approve Resolution No. 2007-89 entitled a Resolution Authorizing the Sale of
Excess Equipment (pgs. 29-30)
B. Finance Department
1). 0 Approve Resolution No. 2007-90 entitled a Resolution to Approve the
September 17, 2007 Payment of Claims (Bills) (pgs. 31-37)
2). 0 Accept a Donation of Gambling Funds from the Albertville Lions in the amount
of $11,221.49 and make a donation to the Albertville Fire Department in the
amount of $11,221.49 (pg. 39)
3). 0 Approve Bolton & Menk, Inc. Engineer's recommendation for Application for
Payment No. 1 for Winter Park Construction to Dennis Fehn in the amount of
$55,342.11 (pg. 41)
C. City Clerk
1). 0 Approve an application for a One -day 3.2 Malt Liquor License for the
Albertville Lions for the annual Comedy Night to be held at the St. Albert's
Parish Center on Saturday, October 20, 2007 (pg. 43)
2). 0 Approve the One -Day Application to Conduct Excluded Raffle for the
Albertville Lions to be held at the St. Albert's Parish Center on Saturday,
October 20, 2007 (pg. 45)
3). 0 Approve an application for an Outdoor Music Permit for the annual Oktoberfest
to be held at the 152 Club on Saturday, October 6, 2007 from 3:00 to 12:00 p.m.
(pgs. 47-49)
4). 0 Approve an application for an "On -Sale" Intoxicating Liquor License and
"Special Sunday" Liquor License for Montage Bistro (pg. 51)
D. Planning and Zoning
1).0 Accept the Request for Extension from Curt Gentile for the Conditional Use
Permit for an Outdoor Dining Area (pgs. 53-54)
2). Approve the Albertville Downtown Parking Standards Land Trade Acquisitions
with the 152 Club and Geez Sports Bar and Grill (pgs. 55-60, plus attachments)
E. Engineering
1). Accept Assistant City Engineer's Progress Report (pgs. 61-62)
F. Legal
1). 0 Approve Resolution No. 2007-91 entitled a Resolution Extending the
Completion Deadline of Woodside Communities Karston Cove 3rd Addition from
October 31, 2007 to October 31, 2008 with conditions (pgs. 63-65)
G. Administration
1). Accept the City Administrator's Written Report (pgs. 67-69)
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Meeting Date: September 17, 2007
City of Albertville Council Agenda
7. CITIZEN ADDRESSING THE COUNCIL - (continued if necessary)
8. ANNOUNCEMENTS
September
24 6:00 p.m.
24 7:00 p.m.
25 7:00 p.m.
October
8 all day
8 6:00 p.m.
10 7:00 p.m.
15 7:00 p.m.
22 6:00 p.m.
29 7:00 p.m.
Page 3 of 3
Joint Water Board meeting
Council Workshop (if necessary)
Joint Albertville Council & Otsego Council meeting
City Offices closed in observation of Columbus Day
STMA Ice Arena Board meeting
Planning and Zoning Commission meeting
City Council meeting
Joint Powers Water Board meeting
Jt. Albertville City Council, St. Michael City Council
and STMA School Board meeting
9. ADJOURNMENT REGULAR COUNCIL MEETING TO A COMMITTEE
MEETING OF THE WHOLE (five minute recess)
M:\Public Data\City Council\Council Agendas\2007 Agendas\A 09-17-07 (new layout).doc
Meeting Date: September 17, 2007
City of Albertville Council Agenda
September 17, 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 14t` day September 2007 Tracey
posted the documents as shown on the reverse side a true copy of each thereof at
3:50 p.m. at the Albertville City Offices in the window, at the City of Albertville, County
of Wright, State of Minnesota.
`�Y
Subscribed and sworn to before me this�day of -46-' Y ,44 2007.
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1-&J:9e1/ a :,BRIDGET MARIE MILLER
R NOTARY PUBLIC MINNESOTA
Notary Pu is
My Comnss,on ERD'(as Jan 31. 20 B
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Albertville City Hall
Mayor and Council Communication
ALBERTVILLE CITY COUNCIL
Special Assessment Hearing
August 22, 2007
MINUTES
6:00 PM
PRESENT: Mayor Ron Klecker, Council members Dan Wagner, Tom Fay, John Vetsch, and
LeRoy Berning, City Attorney Mike Couri, Assistant City Engineer Adam Nafstad, City
Administrator Larry Kruse, and City Clerk Bridget Miller
Mayor Klecker called the Special Assessment Hearing meeting to order at 6:00 p.m.
PUBLIC HEARINGS
,ter v nl vrrvir i� i rL. U — tlrrmu v L nr,3ULU 11UN 1V U GUU / - / IS LN'1'I'I LED A
THE STORMWATER MITIGATION POND IMPROVEMENT ASSESSMENT ROLL
Mayor Klecker opened the Stormwater Mitigation Pond Improvement Assessment Hearing
(Albert Villas Development plus) at 6:04 p.m.
Mayor Klecker gave brief instruction to the members in the audience how the meeting will
proceed. Following the instructions, Klecker turned it over to City Administrator Kruse.
City Administrator Kruse began by introducing the members of the Council and staff to those in
attendance. Following the introductions, Kruse gave a summary as to the purpose of the
meeting, which was to approve an assessment roll for the Stormwater Mitigation Pond
Improvement Project. Kruse then informed the audience how the meeting will be run.
First, we will hear from City Attorney Couri, who will explain how the Minnesota State Chapter
429 Assessment process works. Following Couri, Assistant City Engineer Nafstad will give a
presentation on the history of the flooding problem and the implementation of a Stormwater
Mitigation Pond Improvement project as a solution to the problem. After Nafstad has completed
the presentation, Kruse will read off the names on the list. Kruse will note who is up to speak
and who is on deck (next to speak). Council and staff will allow the individuals who signed up
an opportunity to speak once, before allowing the individuals a second chance.
City Attorney Couri briefly explained the process of Minnesota State Statute Chapter 429
Assessment procedures to the audience. On April 23, the City held an Improvement Hearing for
Mayor and Council Communication — September 17, 2007
City Council August 22, 2007 minutes
Page 2 of 9
the Stormwater Mitigation Pond. At the meeting, the Council approved going forward with the
improvement to mainly deal with the flooding problem in the Albert Villas Development. The
City mailed the Public Hearing Improvement Notice via the Albertville City Newsletter. The
newsletters were individually addressed to residents throughout the Albertville city limits. The
Notice of Assessment Hearing was sent via the US Postal Service. Yellow labels that read
"Public Hearing Notice Enclosed" were placed on the outside of the envelope, bringing it to the
homeowners' attention the type of information that was enclosed. Again, the notices were
personally addressed to the affected property owners and sent via the US Postal Service. If
anyone did not receive a notice, please let me know to verify the address the notice was mailed
to. Couri then turned it over to the Assistant City Engineer.
Assistant City Engineer Nafstad went over the history of the flooding problem. Edina
Development presented a residential development to the Council in 2002. The addition
progressed similar to other additions in Albertville. It wasn't until 2003, when Albertville
experienced a 100-year storm causing flooding in the Albert Villas Addition. The current City
Engineer completed a Feasibility Study that identified the cause of the flooding due to the storm,
which received 6-8 inches of rain in a short amount of time. The Stormwater system was unable
to keep up with the flow of the run-off water.
The City of Albertville experienced another storm in 2005 that was not a 100-year storm. Bolton
& Menk, Inc. took a closer look at the area and reviewed the comments of the 2003 Feasibility
Study. Nafstad demonstrated the fact that the design of the Albert Villas Addition did not take
into account an additional 500+ acres of watershed drainage located northwest of the Albert
Villas site. Nafstad noted there were approximately five (5) homes within the Albert Villas with
low openings that are below the calculated high water level. Nafstad went on to report there
were approximately ten (10) homes with less that 1" of freeboard between the lowest opening
and calculated high water level.
Nafstad stated that staff presented the 2005 Feasibility Study to the City Council looking for
direction on how to resolve the problem. The Council's alternatives to solving the problem
were: do nothing; create additional wetland storage; increase conveyance capacity, created a
diversion ditch, buyout, or create detention storage up stream.
The alternative that has been accepted and implemented was the later option, which was to create
an upstream flood mitigation detention storage pond. Additional steps were involved in the
acceptance and approval because it was on the STMA School site located within the St. Michael
city limits. Along with the additional steps, there were additional costs to implement the
improvement. The STMA School detention pond and the City of Albertville's detention pond
total approximately 9 acres.
After the completion of the detention pond, there is a possibility that one (1) home located on
50t' Court NE would still be affected by the amount of rainfall. The home has a 1' freeboard
between the lowest opening and the high water level calculations.
M:\Public Data\City Council\Council Packet information\2007\09-17-04\08 22 2007 Council Minutes.doc
Agenda Item No. 3.
Meeting Date September 17, 2007
Mayor and Council Communication — September 17, 2007
City Council August 22, 2007 minutes
Page 3 of 9
Nafstad reviewed the project costs that included the construction costs, cost associated in
acquiring the land, engineering fees, legal fees, and other contingencies to name a few. Nafstad
reported that the Council and staff discussed how various ways the City could pay for the
project. Staff suggested a portion would come from the Stormwater Trunk Funds, part of the
cost would be paid via an increase in a Stormwater Utility fee, and part of the cost would be paid
via a Special Assessment to the properties within the Albert Villas Additions plus.
Nafstad reported the assessment amount proposed is $401,000.60 that would be divided evenly
among 349 residential lots with the exception of Albert Villas 7th Addition, which is currently
unplatted. Staff estimated that Albert Villas 7th Addition could create 15 additional residential
lots. To calculate the exact degree of benefit of one home over another would be extremely
costly. That is why staff is recommending dividing the assessment equally among all residential
lots.
At this point, City Administrator Kruse began reading off the names of the individuals that
wanted to express their concerns regarding the assessment hearing. Those individuals that spoke
were:
Mark Lathrop — 5040 Kahl Avenue NE
Jim Rivard — 10298 Kali Avenue NE
Stacey Buchholz — 10254 53rd Street NE
Ken Heuring — 5091 Jason Avenue NE
Martin Kurth — 4936 Kahler Bay NE
Eric Bushard —10269 491h Street NE
Travis Debrobander — 10170 49t11 Street NE
Laura Nielsen — 5382 Kahl Avenue NE
Lisa Hesler — 5435 Kagan Avenue NE
James Bezanson — 5426 Kagan Avenue NE
Eric Peterson — 4959 Kassel Avenue NE
Aaron Amic — 10457 49th Street NE
Greg Zachman —
5551 Jason Avenue NE
James Gillach —
5397 Jason Avenue NE
Rodney Litzau -
10301 49th Street NE
Dexter Phillips
— 4883 Kassel Avenue NE
Brian Lenard — St. Michael resident
Charles Bussey
— 10272 53rd Street NE
Chesong Xiong
— 4963 Kassel Avenue NE
Wendy Richards
— 10481 51 st Court NE
Jack Nelson —10225 Kali Avenue NE
There was a variety of concerns these individuals had, below is a summary of those concerns:
• Homeowners are tired of paying taxes for something they don't appreciate paying for.
• Didn't the City realize the development was in a potential flood plain?
M:\Public Data\City Council\Council Packet information\2007\09-17-04\08 22 2007 Council Minutes.doc
Agenda Item No. 3.
Meeting Date September 17, 2007
Mayor and Council Communication — September 17, 2007
City Council August 22, 2007 minutes
Page 4 of 9
• Residents came to assumption that obviously they will be assessed. They asked "is there
the option to a payment plan to pay the assessment without paying interest?"
• Why am I being assessed when my home is not affected by the flood?
• Homeowners had concerns whether the detention pond would be big enough to handle
the rain.
• Homeowners came to support neighbors that were affected by the flooding.
• Residents acknowledged there was an error in poor planning.
• Homeowners opposed the fact that the Albert Villas residents were going to be assessed
for the error of the flooding. It was an error of the City; therefore, the City should pay for
the detention pond. Why penalize the Albert Villas residents.
• Residents were upset with the path the City in taking.
• Homeowners that were not part of the Albert Villas Addition that have been part of the
area since 1956 had no problems with flooding until the area was developed.
• Residents stated that the Albert Villas homeowners were victims of the flooding.
• Homeowners agreed with others that the Albert Villas homeowners should not be footing
the bill for the detention pond. This was an error of the City and the entire community
should assist with the payment of the pond as it could very well benefit the entire
community.
• Residents presented papers to the Council to go to court appealing the assessment.
• Homeowners were not affected by the flooding, but their sump pumps run continually 10
months out of the year.
• Homeowners commented about the fact that since they moved to Albertville, they have
witnessed neighbors helping each other out by sand bagging to prevent flooding or in
other ways.
• Residents shared a positive outcome of the flooding, such as meeting neighbors during
the aftermath of the flooding.
• Some residents extended a "thank you" to the City staff for their efforts to correct the
mistake.
• Homeowners brought up other areas throughout Albertville that were affected by the
flood of 2003 that were not in the Albert Villas area, which supports the fact that the
assessment should be spread over the entire City.
• Residents questioned "whose thought was it to put an open detention pond next to an
elementary school?" Resident had concerns with the open pond and the safety of the
children.
• Homeowners brought up County Ditch 9 that runs through the development and
questioned if it would be unable to handle the future flooding.
• Some residents brought up the thought that the Albert Villas area is neglected. The area
could use some improvements. There appears to be a pile of dirt that may remain within
the Albert Villas area for a while yet.
• Homeowner challenged the Council if there was a Planner and if so where is the Planner?
• Another resident informed the Council that their home was built 32-years ago and at that
time was informed by the City that a full basement could not be built on the site.
• Few residents opposed the annexation into Albertville. They were previously known as
part of the Frankfort Township.
M:\Public Data\City Council\Council Packet information\2007\09-17-04\08 22 2007 Council Minutes.doc
Agenda Item No. 3.
Meeting Date September 17, 2007
Mayor and Council Communication — September 17, 2007
City Council August 22, 2007 minutes
Page 5 of 9
• Homeowners asked how many of the Council members served on the Council 10-years
ago.
• A homeowner acknowledged that fact that the City is creating a mitigation pond. The
mitigation could potentially help other areas throughout the City as a whole; therefore,
encouraged the Council to make the appropriate decision as to who should be assessed.
• A resident learned this evening there was a flood in 1956, then in 2003 and 2005.
• Homeowner was not affected by the flooding, but does share the burden by those who
were affected.
• It was the Council's responsibility to the City to ensure the safety and proper planning or
developing of the land.
• One resident asked "who benefits from the revenue of a building permit?" The resident
was not able to obtain his permit because the City was holding permits at the time. This
was a hardship for the resident trying to plan his future on the construction and move -in
day of the home.
• Real Estate Agent shared the struggle of the homeowners that would like to sell their
homes informing the sale almost fell through because of the knowledge of the potential of
flooding in the development.
• A homeowner informed the Council that he does not have children, but understands that a
portion of his property taxes goes towards the school systems; the government entity that
collects taxes to pay for the schools. The children within the area are entitled to an
education.
• Resident has concerns as to how much was going to be levied and or assessed. Resident
anticipates additional problems down the road. Resident encouraged the Council to
carefully consider who will be assessed for the error or mistake of the flooding.
• The question arose regarding FEMA. Is Albertville in a flood plain? The information is
out there via real estate that part of Albertville is in a flood zone. The resident
encouraged the Council and staff to verify whether Albertville is in a flood plain or not?
• Homeowner recently had their property appraised and discovered the value went down
approximately $20,000. Homeowner questioned why it went down. Was it due to the
location within a flood area?
• Resident researched that when land is developed the City requires a bond or insurance to
cover for mistakes. Did the developer bond or insure the development?
• Homeowner shared with the Council that they are having a difficult time dealing with the
flooding. Homeowner was one of the few that was affected by the flood. They thanked
City Administrator Kruse for his assistance throughout the process and responding in a
timely manner when the rains came. The flooding has put an enormous amount of stress
on the homeowner not only dealing with the water, but the emotional strain it puts on
them when the news reports another storm is coming.
City Attorney Couri gave some background on the development of the land. The Council at the
time approved the development, which the current City Engineer reviewed the drainage and
utility easement(s) for the addition. The engineer reported the development met the requirements
for drainage purposes. Following the 2003 flood, the previous engineer reviewed the addition,
which confirmed the land was developed correctly. The storm was based upon a 100-year flood
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Agenda Item No. 3.
Meeting Date September 17, 2007
Mayor and Council Communication — September 17, 2007
City Council August 22, 2007 minutes
Page 6 of 9
incident. Since then the City hired a new engineering firm who completed a Flood Feasibility
Study in 2005. Bolton & Menk, Inc. evaluated the area and came to the conclusion that the
drainage or detention pond was not sufficient to support the development. As Assistant City
Engineer Nafstad noted earlier, the detention pond did not take into account the 500+ acres
upstream that drains down through the development.
City Attorney Couri reported there are about three options to pay in advance. The first option
would be to pay the entire amount all at once as Kruse informed you. The second option would
be to pay off the amount or balance plus interest accrued to date, which would be before
November 15. The third option would be to pay off the amount plus interest accrued to the end
of December plus interest accrued for 2008, which would be paid after November 15, but before
December 15.
City Attorney Couri responded to the comment about who should be assessed and why only the
Albert Villas area. The guidelines used to calculate who would be assessed were based upon an
appeal and how a judge would look at a potential appeal of the assessment. The courts would
look to reasonably assess the project costs that would most likely benefit from the improvement.
Couri went on to explain how the law would look at the fairness of the process of assessing the
proj ect.
Assistant City Engineer Nafstad informed the Council and residents that the City asked the
school for permission to place the pond on the school property. The location of the pond was
selected prior to the placement of the elementary school.
City Attorney Couri noted that the state requires a stormwater detention pond on the property of
new development(s). The school had begun planning and constructing their pond prior to
Albertville's.
Assistant City Engineer Nafstad stated that it appears that County Ditch 9 can handle the
stormwater run-off.
City Attorney Couri reported that the developer did bond or has a Letter of Credit held for the
development. As the area was developed, the developer would ask the previous engineer to
review the site and reduce or eventually release the Letter of Credit. The site passed the
engineer's inspection; therefore, reducing the Letter of Credit that was eventually released
completely.
City Attorney Couri commented on the concern regarding the lawsuit and if the City should
receive a settlement. In the event that the City receives a settlement, those funds received by a
lawsuit go back to the City, which it would be spent on City improvements. The City cannot
disburse the funds to specific individuals or areas of development within the Albert Villas area.
Mayor Klecker closed the Stormwater Mitigation Pond Improvement Assessment Hearing
(Albert Villas Development plus) at 9:08 p.m.
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Agenda Item No. 3.
Meeting Date September 17, 2007
Mayor and Council Communication — September 17, 2007
City Council August 22, 2007 minutes
Page 7 of 9
City Attorney Couri informed the Council what there options were as follows:
Option 1. Approve the Resolution adopting the assessment roll as presented, which is to set
the assessment at $1,101.65 per residential dwelling with the exception of the Albert Villas
7tb Addition that will be set at $8,250.00.
Option 2. Approve the Resolution amending the amount to be assessed to the residential
dwellings.
Option 3. Table the approval until a future meeting prior to November 5, 2007.
Mayor Klecker asked the Council if they had any concerns or questions regarding the
Stormwater Mitigation Pond Improvement Assessment Hearing.
Council member Vetsch acknowledged that the Council hears the residents and their concerns
regarding the assessment hearing.
Council member Berning inquired when the funds will be depleted from the Stormwater
increase.
City Administrator Kruse and City Attorney Couri reported the City is not using funds to assist
with the stormwater increase.
Mayor Klecker thanked the residents for expressing their concerns regarding the issue of the
flooding. The Council has been doing their best to look out for the interest of the City and the
residents. Klecker wanted the homeowners to know that it has not been an easy decision for the
Council to make.
Council inquired how much the Stormwater utility fee increase will be.
City Attorney Couri reported that estimated utility fee increase would be $2.82 per residential
dwelling.
Mayor Klecker made the recommendation to lower the assessment amount from $1,101.65 to
$1,000.
Vetsch asked if the Council could reduce the assessment amount in the future if there was a
settlement received from the lawsuit.
Couri stated that there is the possibility the Council could reduce the assessment, but would need
to do research on the appropriate process for doing so. The reduction of the assessment would be
done at a Council meeting, which may require sending notices to the property owners.
Mayor Klecker re -opened the Stormwater Mitigation Pond Improvement Assessment Hearing
(Albert Villas Development plus) at 9:15 p.m.
M:\Public Data\City Council\Council Packet information\2007\09-17-04\08 22 2007 Council Minutes.doc
Agenda Item No. 3.
Meeting Date September 17, 2007
Mayor and Council Communication — September 17, 2007
City Council August 22, 2007 minutes
Page 8 of 9
Residents inquired if there would be additional penalties applied if the assessment is not paid in
full. If yes, the resident wanted to know how much the penalty would be and why they are
charged an interest.
City Attorney Couri explained that the City bonded for the improvement, which the City needs to
pay back. The bondholders are charging the City interest on the funds; therefore, the City would
pass on the charges to the residents.
Council discussed and took into consideration the amount to be assessed to the residents and re-
evaluated the amount of the stormwater utility fee increase.
There was additional discussion between the Council, residents and staff on the assessment.
Mayor Klecker closed the Stormwater Mitigation Pond Improvement Assessment Hearing
(Albert Villas Development plus) at 9:55 p.m.
MOTION BY Council member Wagner, seconded by Council member Vetsch to approve
Resolution No. 2007-78 entitled a Resolution Adopting the Stormwater Mitigation Pond
Improvement Assessment Roll reducing the assessment amount to $550 per residential dwelling
and setting $8,250 for Albert Villas 7th Addition. Motion carried unanimously.
BARTHEL INDUSTRIAL PARK SECOND ADDITION ASSESSMENT HEARING FOR 52ND STREET NE -
APPROVE RESOLUTION NO.2007-76 ENTITLED A RESOLUTION ADOPTING THE BARTHEL
INDUSTRIAL PARK SECOND ADDITION IMPROVEMENT ASSESSMENT ROLL
Mayor Klecker opened the Barthel Industrial Park Second Addition Improvement Assessment
Hearing for 52nd Street NE at 10:06 p.m.
Assistant City Engineer Nafstad reported that the Council has been reviewing the progress of the
52nd Street NE Improvement over the course of the past two years. Tonight the Council will
adopt the assessment roll for the costs associated with the road improvement.
Mayor Klecker closed the Barthel Industrial Park Second Addition Improvement Assessment
Hearing for 52nd Street NE at 10:08 p.m.
Mayor Klecker asked the Council if they had any concerns or questions regarding the Barthel
Industrial Park Second Addition Improvement Assessment Hearing.
Mayor Klecker asked for a motion to approve Resolution No. 2007-76 entitled a Resolution
Adopting the Barthel Industrial Park Second Addition Improvement Assessment Roll.
MOTION BY Council member Berning, seconded by Council member Fay to approve
Resolution No. 2007-76 entitled a Resolution Adopting the Barthel Industrial Park Second
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Agenda Item No. 3.
Meeting Date September 17, 2007
Mayor and Council Communication — September 17, 2007
City Council August 22, 2007 minutes
Page 9 of 9
Addition Improvement Assessment Roll as presented and on file in the office of the City Clerk.
Motion carried unanimously.
ADJOURNMENT
MOTION BY Council member Berning, seconded by Council member Fay to adjourn the
special assessment hearing at 10:12 p.m. Motion carried unanimously.
Ron Klecker, Mayor
Bridget Miller, City Clerk
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Agenda Item No. 3.
Meeting Date September 17, 2007
Nbertville
S-9 t UAV. ft aim uti.
Albertville City Hall
Mayor and Council Communication
ALBERTVILLE CITY COUNCIL
Tuesday, September 4, 2007
MINUTES
7:00 PM
PRESENT: Mayor Ron Klecker, Council members John Vetsch, LeRoy Berning, Dan Wagner,
and Tom Fay, City Planner Al Brixius, Assistant City Engineer Adam Nafstad, Assistant City
Attorney Kristen Carr, City Administrator Larry Kruse, Finance Director Tina Lannes, and City
Clerk Bridget Miller
ABSENT: City Attorney Mike Couri
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: 7.A. Bid Results presented by Otsego City Administrator Mike Robertson for
70th Street NE Improvement
Motion carried unanimously.
MINUTES
MOTION BY Council member Wagner, seconded by Council member Berning to approve the
Monday, August 20, 2007 regular Albertville City Council minutes as presented, and on file in
the office of the City Clerk. Motion carried unanimously.
CITIZEN FORUM
Mayor Klecker asked the City Clerk if there was anyone present that wanted to speak to the
Council regarding an issue that was not on the agenda.
David Hilleren of 10168 — 53rd Street NE spoke to the Council regarding the Cedar Creek Golf
Course having outdoor music. Mr. Hilleren asked if the golf course owner had applied for an
Outdoor Music Permit. The reason is that there have been a number of occasions this summer
Mayor and Council Communication — September 17, 2007
City Council September 4, 2007 minutes
Page 2 of 10
when you could hear music playing until about 1:00 a.m. Mr. Hilleren drove to the golf course
on one instance to investigate exactly where the sound was coming from.
City Clerk Miller stated that no Outdoor Music Permits have been issued this year to the Cedar
Creek Golf Course.
City Administrator Kruse noted that staff would research the City Code pertaining to outdoor
music and bring it to the owner's attention what the ordinances allow for outdoor noise.
* CONSENT AGENDA
All items with an asterisk (*) are considered to be routine by the City Staff and will be enacted
by one motion. There will be no separate discussion of these items unless a Council member so
requests. In such event, the item will be removed from the General Order of Business and
considered in its normal sequence on the agenda.
MOTION BY Council member Fay, seconded by Council member Wagner to approve the
Consent Agenda items with additional discussion on check number 024692, and Resolution No.
2007-88 entitled a Resolution Authorizing Staff to 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, in which a separate motion for approval
will be made, and on file in the office of the City Clerk. Motion carried unanimously.
MAYOR AND COUNCIL REPORTS/APPOINTMENTS
70T" STREET NE IMPROVEMENT
Otsego City Administrator Robertson presented the bid results to the Albertville City
Administrator, City Clerk, and Assistant City Engineer for review. Robertson reported that these
are Preliminary Bids that were opened today. Otsego staff has not had time to fully review, but
wanted to notify Albertville Council in a timely manner so that the project would not be delayed.
According to the bid results, Knife River is the low bidder with a bid of $310,483.59 for the 701h
Street NE Improvements from CSAH 19 to MacIver Avenue NE.
MOTION BY Council member Fay, seconded by Council member Berning to accept the low
bid from Knife River in the amount of $310,483.59 contingent on the review and approval from
the Albertville City Engineer. Motion carried unanimously.
M:\Public Data\City Council\Council Packet infonnation\2007\09-17-04\09 04 2007 Council Minutes.doc
Agenda Item No. 3.
Meeting Date September 17, 2007
Mayor and Council Communication — September 17, 2007
City Council September 4, 2007 minutes
Page 3 of 10
CSAH 19 SOUTH IMPROVEMENT PROJECT
APPROVE RESOLUTION NO.2007-79 ENTITLED A RESOLUTION ADOPTING THE ASSESSMENT ROLL
Assistant City Engineer Nafstad reported that following the CSAH 19 Assessment hearing,
Council directed staff to re-evaluate parcels 3, 14, and 27. Staff was directed to explore what the
assessment amounts would be if Council reduced the Tiers.
Nafstad reviewed Parcel Number 27, informing the Council that staff originally classified the
parcel as a Tier 2. Following the assessment hearing held on Monday, August 27 staff reviewed
the possibility to reduce the parcel from a Tier 2 to a Tier 3. In addition to reducing Parcel No.
27 from a Tier 2 to a Tier 3, Council directed staff to reduce the assessment amount
approximately 50% of the total Project Cost.
Nafstad reported that staff has prepared two Options for Council's approval for the CSAH 19
Assessment. In Option 1, the only change is Parcel No. 27 with a proposed Assessment amount
of $1,061,426. In Option 2, the five tiers have been reduced about 22% bringing the assessment
amount down to $827,912.28.
Nafstad noted that Parcel No. 13 has a 67-foot strip that is zoned R-1 Residential. At the time of
platting the Heuring Meadows Addition, the applicant asked to re -zone the 67-foot strip to
commercial. The request was not approved.
City Planner Brixius informed the Council that the zoning for the property was established in the
1990s. At that time, the thought was in place that CSAH 19 would be commercial. It was
discussed to allow for a 500-foot strip to be designated for commercial along the CSAH 19
corridor. The 500-foot strip seemed to be a reasonable amount at that time.
Assistant City Attorney Carr reiterated that Parcels 14 and 3 are comparable to Parcels 9, 10, and
13, in which it appears to be pre -determined how they could potentially be developed.
Council member Wagner inquired about Parcel No. 13 and what the setbacks would be if the 67-
foot strip was not re -zoned.
City Planner Brixius informed the Council what the setbacks would be for the development
layout demonstrating that it would be difficult to develop as residential to meet the setback
requirements.
Council then asked how much it would cost in dollars and time to rezone.
City Planner Brixius stated that it would take approximately two months to approve, and it would
require approval from the Planning and Zoning Commission. It would be presented the
following month for Council approval.
Council member Berning suggested that the City initiate re -zoning the 67-foot strip on Parcel
No. 13.
M:\Public Data\City Council\Council Packet information\2007\09-17-04\09 04 2007 Council Minutes. doc
Agenda Item No. 3.
Meeting Date September 17, 2007
Mayor and Council Communication — September 17, 2007
City Council September 4, 2007 minutes
Page 4 of 10
There was discussion amongst the Council members as to what percentage the City should pay
towards the CSAH 19 South Improvement. Some Council members suggested that the City pay
45% and the property owners pay 55%. The majority of Council members agreed that it should
be 50% City and 50% property owners.
MOTION BY Council member Vetsch, seconded by Council member Fay to approve
Resolution No. 2007-79 entitled a Resolution Adopting the Assessment Roll as amended going
with Option No. 2 in the amount to be assessed of $827,912.28 that was presented to the City
Clerk during the meeting, and will be on file in the office of the City Clerk. Motion carried
unanimously.
City Administrator Kruse asked the Council for a motion to begin the process of re -zoning the
67-foot strip on Parcel No. 13.
MOTION BY Council member Wagner, seconded by Council member Berning to direct staff to
prepare the appropriate procedure to re -zone the 67-foot strip on Parcel No. 13 from R-1A Low
Density Residential Single -Family to B-3 Limited Business District. Motion carried
unanimously.
PUBLIC HEARINGS
There were no public hearings set for the September 4, 2007 regular City Council meeting.
DEPARTMENT BUSINESS
BUILDING DEPARTMENT
Building Official Sutherland had no items for Council consideration.
PUBLIC WORKS DEPARTMENT
Public Works and Parks Maintenance
Public Works Supervisor Guimont presented no items for discussion during the meeting.
Council member Wagner brought up what the rules or regulations were regarding mowing the
boulevards. It appeared that someone was mowing the grass in the Prairie Run boulevard and
the grass clippings were blowing into the streets. Council directed staff to review the ordinance
and do their best to enforce.
M:\Public Data\City Council\Council Packet information\2007\09-17-04\09 04 2007 Council Minutes.doc
Agenda Item No. 3.
Meeting Date September 17, 2007
Mayor and Council Communication — September 17, 2007
City Council September 4, 2007 minutes
Page 5 of 10
Wastewater Treatment Plant
Wastewater Treatment Plant Superintendent Middendorf did not have any items to report on to
the Council.
FINANCE DEPARTMENT
*Approve Resolution No. 2007-83 entitled a Resolution to Approve the September 4, 2007
Payment of Claims (Bills)
*Approve Resolution No. 2007-60 entitled a Resolution Setting the Stormwater Utility Rates
*Accept Accounts Receivable Update and Capital Project Status Report
MOTION BY Council member Fay, seconded by Council member Wagner to approve
Resolution No. 2007-83 entitled a Resolution to Approve the September 4, 2007 Payment of
Claims (Bills) with additional discussion on check number 024692, in which a separate motion
for approval will be made, and Resolution No. 2007-60 entitled a Resolution Setting the
Stormwater Utility Rates, in which a separate motion was made to amend the fee, and accept the
Accounts Receivable Update and Capital Project Status Report and on file in the office of the
City Clerk. Motion carried unanimously.
Council inquired about check number 024692.
Staff reported that there were four (4) LED traffic bulbs replaced, plus additional maintenance to
the traffic signal on CSAH 19 at the Albertville Premium Outlets entrance. The City is
responsible for the maintenance of traffic signals within the city limits.
MOTION BY Council member Berning, seconded by Mayor Klecker to approve check no.
024692 payable to Design Electric in the amount of $977.02 for maintenance and repair to a
traffic signal located on CSAH 19 at the entrance of the Albertville Premium Outlets, which was
pulled from the consent agenda, and on file in the office of the City Clerk. Motion carried
unanimously.
Approve Resolution No. 2007-60 entitled a Resolution Setting the Stormwater Utility Rates
Finance Director Lannes stated that Resolution No. 2007-60 was approved by the Council under
the Consent Agenda. Lannes wanted to clarify what Option the Council was approving.
MOTION BY Council member Berning, seconded by Council member Wagner approved
Resolution No. 2007-60 entitled a Resolution Setting the Stormwater Utility Rates Option No. 2
without the 2008 rates, and on file in the office of the City Clerk. Motion carried unanimously.
In August 2008, Council will re-evaluate the proposed Stormwater Utility Rates.
MAPublic Data\City Council\Council Packet information\2007\09-17-04\09 04 2007 Council Minutes.doc
Agenda Item No. 3.
Meeting Date September 17, 2007
Mayor and Council Communication — September 17, 2007
City Council September 4, 2007 minutes
Page 6 of 10
Approve Resolution No. 2007-84 entitled a Resolution Authorizing a Reduction in the Albertville
Laundromat Utility Bill _
Finance Director Lannes reported that the Joint Powers Water Board sympathized with the
Laundromat owner's situation and felt the water board is already waiving as much as $50,000 in
water fees over the years. The board wants to be as fair as possible and required that staff go
back one-year for the Joint Powers portion, allowing the customer up to two full years (24-
months) to pay the outstanding bill without penalties or interest. Staff recommended that the
City allow a similar plan that Joint Powers set, by allowing the customer the ability to pay-off the
outstanding bill over a two-year time span without penalties and interest.
Council wanted clarification which party the agreement is between. Is it between the City and
the Laundromat owner? Is the agreement between the City and Andrew Savitski? Is the
agreement between Andrew Savitski and the Laundromat owner?
City Administrator Kruse reported it would be an agreement between the City and the
Laundromat owner. Kruse went on to inform the Council that a copy of the utility bill is sent to
Mr. Savitski; therefore, the City has done their best to notify the property owner of the situation.
Council suggested amending the time frame from 24-months to 30-months.
MOTION BY Council member Vetsch, seconded by Council member Wagner to approve
Resolution No. 2007-84 entitled a Resolution Authorizing a Reduction in the Albertville
Laundromat Utility Bill amending the allowance for payment from 24 months to allowing 30
months, and on file in the office of the City Clerk. Motion carried unanimously.
CITY CLERK
There were no licenses or bonds for review or consideration at the meeting.
PLANNING AND ZONING
*Approve Resolution No. 2007-81 entitled a Resolution Approving a Conditional Use Permit
(CUP) for DJ's Heating and Air Conditioning, Inc. located at 6060 LaBeaux Avenue NE within
the City ofAlbertville
*Approve Resolution No. 2007-88 entitled a Resolution Authorizing Staff to 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
*Approve Ordinance No. 2007-.11 entitled an Ordinance Amending Title 4 Section 4-2-5
Relating to Coin Operated Amusement Devices
M:\Public Data\City Council\Council Packet information\2007\09-17-04\09 04 2007 Council Minutes.doc
Agenda Item No. 3.
Meeting Date September 17, 2007
Mayor and Council Communication — September 17, 2007
City Council September 4, 2007 minutes
Page 7 of 10
MOTION BY Council member Fay, seconded by Council member Wagner to approve
Resolution No. 2007-81 entitled a Resolution Approving a Conditional Use Permit (CUP) for
DJ's Heating and Air Conditioning, Inc. located at 6060 LaBeaux Ave NE within the City of
Albertville, and Ordinance No. 2007-11 entitled an Ordinance Amending Title 4 Section 4-2-5
Relating to Coin Operated Amusement Devices, and pulling Resolution No. 2007-88 entitled a
Resolution Authorizing Staff to 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, in which Council request additional information and a
separate motion will be made, and on file in the office of the City Clerk. Motion carried
unanimously.
Approve Resolution No. 2007-88 entitled a Resolution Authorizing Staff to 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
City Planner Brixius reported that historically, Albertville has had some flooding issues over the
past several years. There was an instance in 2003 and another in 2005, which caused damage to
property. Brixius noted that the previous City Engineer and the current Assistant City Engineer
have reviewed a good portion of Albertville to make a recommendation of what areas would be
affected. Participation in the Federal National Flood Insurance Program requires adoption and
enforcement of a Flood Plain Ordinance.
City Administrator Kruse informed the Council that Wright County will be updating the flood
plain maps in the next couple of years; therefore, now may be the opportune time for Albertville
to participate in the program. The neighboring communities of St. Michael and Otsego currently
participate in the FEMA program.
Council members listened to staff proposal to participate and have Albertville become a member
of the FEMA Program. However, Council was hesitant to approve the ordinance to proceed with
the application. Council encouraged staff to conduct additional research and what could
potentially happen should the Council approve the ordinance.
Staffs replied by stating they would conduct additional research and report the findings at a
future meeting for Council's review and approval.
MOTION BY Council member Wagner, seconded by Council member Fay to TABLE the
discussion on Resolution No. 2007-xx entitled a Resolution Authorizing Staff to 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, and on
file in the office of the City Clerk. Council directed staff to conduct additional research on the
FEMA program and report back to the Council at a future meeting, at which time Council will
decide whether to not approve or approve participation in the FEMA Program. Motion carried
unanimously.
M:\Public Data\City Council\Council Packet information\2007\09-17-04\09 04 2007 Council Minutes.doc
Agenda Item No. 3.
Meeting Date September 17, 2007
Mayor and Council Communication — September 17, 2007
City Council September 4, 2007 minutes
Page 8 of 10
Accept City Planners Project Status Update
City Planner Brixius reviewed the monthly project status update bringing to Council's attention
potential items coming forward in the planning phases. Brixius reported that Albertville
Marketplace has submitted a Site and Building Plan Review, which will be on the September
Planning and Zoning Commission agenda.
ENGINEERING
*Approve Resolution to reduce the Letter of Credit for Towne Lakes 4th Addition
*Approve Resolution to reduce the Letter of Credit for the Albertville Medical Clinic
MOTION BY Council member Fay, seconded by Council member Wagner to approve
Resolution No. 2007-85 entitled a Resolution to reduce the Letter of Credit for Towne Lakes 4th
Addition and Resolution No. 2007-86 entitled a Resolution to reduce the Letter of Credit for the
Albertville Medical Clinic and on file in the office of the City Clerk. Motion carried
unanimously.
Accept the Assistant City Engineer's Project Status Update
Assistant City Engineer Nafstad asked the Council if they had any questions or concerns
regarding his Project Status Update. Nafstad noted that the 2007 Overlay Project is near
completion.
LEGAL
Approve Resolution to reduce the Letter of Credit(s) for Prairie Run Addition (otherwise known
as Gold Key Development)
Assistant City Attorney Carr reviewed the background of the Prairie Run (Gold Key) various
letters of credit. Carr stated that in light of the recent ruling in the litigation, and upon Iverson
Reuvers, staff is recommending a reduction in the letters of credit that have been submitted.
MOTION BY Council member Vetsch, seconded by Council member Fay to approve
Resolution No. 2007-87 entitled a Resolution to reduce the Letter of Credit(s) for Prairie Run
Addition (otherwise known as Gold Key Development), and on file in the office of the City
Clerk. Motion carried unanimously.
M:\Public Data\City Council\Council Packet information\2007\09-17-04\09 04 2007 Council Minutes.doc
Agenda Item No. 3.
Meeting Date September 17, 2007
Mayor and Council Communication — September 17, 2007
City Council September 4, 2007 minutes
Page 9 of 10
Accept the City Attorney's Update
Assistant City Attorney Carr inquired if the Council had any items from the Attorney's Update
they wished to discuss in further detail.
Council directed staff to check out Karston Cove 3rd Addition to make sure the appropriate plans
are in place. Council noted there is the potential of another entity taking over the Karston Cove
3rd Addition, and Council wanted to have staff review the site prior to the change in owners.
FIRE DEPARTMENT
*Approve Resolution No. 2007-82 entitled a Resolution Establishing the Annual Retirement
Benefit for the Albertville Volunteer Fire Department effective January 1, 2008
MOTION BY Council member Fay, seconded by Council member Wagner to approve
Resolution No. 2007-82 entitled a Resolution Establishing the Annual Retirement Benefit for the
Albertville Volunteer Fire Department effective January 1, 2008 and on file in the office of the
City Clerk. Motion carried unanimously.
ADMINISTRATION
Accept the City Administrator's Written Report
City Administrator Kruse briefly reviewed the written report touching on the Albertville
Premium Outlets' pile of dirt. Kruse informed the Council staff continues to bring closure to the
removal of the dirt.
Council asked about the City's reader board signage on the corner of Main Avenue NE and
CSAH 37 wondering if the downtown area has been invited to advertise.
Staff reported that a letter went out and did not receive any response.
Council directed staff to open the opportunity to other business establishments within the
Albertville city limits amending the lease to a one-year limit, informing the business
establishments that a future downtown business would have priority over others.
M:\Public Data\City Council\Council Packet inform ation\2007\09-17-04\09 04 2007 Council Minutes.doc
Agenda Item No. 3.
Meeting Date September 17, 2007
Mayor and Council Communication — September 17, 2007
City Council September 4, 2007 minutes
Page 10 of 10
ANNOUNCEMENTS
September
10
6:00 p.m.
STMA Ice Arena Board meeting
10
7:30 p.m.
Parks and Recreation Committee meeting
11
7:00 p.m.
Planning and Zoning Commission meeting
17
7:00 p.m.
City Council meeting
24
6:00 p.m.
Joint Water Board meeting
24
7:00 p.m.
Council Workshop (if necessary)
25
7:00 p.m.
Joint Albertville Council & Otsego Council meeting
ADJOURNMENT
MOTION BY Council member Berning, seconded by Council member Wagner to adjourn the
September 4, 2007 regular Council meeting at 9:00 p.m. Motion carried unanimously.
Ron Klecker, Mayor
Bridget Miller, City Clerk
M:\Public Data\City Council\Council Packet information\2007\09-17-04\09 04 2007 Council Minutes.doc
Agenda Item No. 3.
Meeting Date September 17, 2007
lb£itY1 llMayor and Council Communication
&ft" T� Wag. OR ON ul..
September 13, 2007
SUBJECT: 0 Public Works / Parks Maintenance Report
RECOMMENDATION: No recommendation is being made and this space on the agenda is
reserved for the City Council to ask questions related to Public Works and Park Operations.
BACKGROUND: Space is reserved on the Council agenda to accommodate the Mayor and
Council to review and ask questions about the Public Works and Parks Department.
PARKS
• The grass as you all know has come back with a vengeance. Keeping up with mowing
has become a week long project.
• We have repainted a portion of the hockey rink and will be putting up the boards next
month.
• We continue to maintain one ball field weekly.
STREETS
• The seal coat and overlay project is completed with the exception of some clean up
issues. That what is not on the contract city staff will take care of.
• We placed a four way stop and cross walks at the intersection of 52" d Street NE and Kahl
Avenue NE. This is in Albert Villas for the new elementary school.
WEEDS
• We are spending a great amount of time mowing weeds in yards and vacant lots.
SILT FENCE
• City staff, with the help of a contractor, removed most of the silt fence around town that
is not needed anymore.
Mayor and Council Communication — September 17, 2007
Public Works / Parks Maintenance Report
Page 2 of
POLICY CONSIDERATIONS: The Mayor and Council review the Public Works / Parks
Maintenance reports and operations.
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 public works and parks maintenance matters.
Respectfully Submitted
Larry R. Kruse
City Administrator
Department/Responsible Person: Public Works/Tim Guimont, Public Works Supervisor
Attachments: none
M\Public Data\City Council\Council Packet information\2007\09-17-04\09 17 2007 Tim Guimont Parks.doc
Agenda Item No. 6.A.1.
Meeting Date September 17, 2007
Ybcrtvi l l e
sff.a,rftaw�t.. Mayor and Council Communication
September 11, 2007
SUBJECT: 0 Public Works - Sale of Excess Equipment
RECOMMENDATION: Move to pass Resolution Number 2007-89 entitled a Resolution
Authorizing the Sale of Excess City Equipment.
BACKGROUND: Each year the various City Departments review its equipment inventory and
sell excess equipment which is not needed anymore or is worn out. The City advertises the
equipment in the Crow River News and sell to the highest bidder. At times, the City places a
minimum value and always reserves the right to reject any and all bids.
Equipment for Sales:
One 60" flail mower that needs some work
One 60" brush mower
One Steam Cleaner
KEY ISSUES: Selling excess equipment frees up storage space and in general makes our
properties more attractive and manageable.
POLICY CONSIDERATIONS: The City's policy and Minnesota State Law regulates bidding
and quote requirements. It is the City Policy to advertise, solicite bids or quotes and then sell to
the highest bidder. If bids are determined to be too low, the City reserves the right to not sell the
item.
FINANCIAL CONSIDERATIONS: Revenue received is usually minimal and does not affect
the budget.
LEGAL CONSIDERATIONS: The City has authority to. sell and dispose of used equipment.
Respectfully Submitted
q
Larry R. Kruse
City Administrator
Department/Responsible Person: Public Works/Tim Guimont
Attachments: Draft Resolution
Mayor and Council Communication — September 17, 2007
Public Works and Parks Maintenance Report
Page 2 of ga
Draft Resolution
CITY OF ALBERTVILLE
COUNTY OF WRIGHT
STATE OF MINNESOTA
RESOLUTION NO.2007-89
A RESOLUTION AUTHORIZING THE SALE OF EXCESS EQUIPMENT
WHEREAS, the City Council of the City of Albertville annually approves sale of excess City
equipment, and
WHEREAS, the Public Works Department has recommended the sale of the following
equipment:
Equipment for Sales:
One 60" flail mower that needs some work
One 60" brush mower
One Steam Cleaner
NOW, THEREFORE, BE IT RESOLVED, the City Council of the City of Albertville hereby
authorized its employees to advertise and sell to the highest bidder said used equipment.
Adopted by the City Council of the City of Albertville this 171h day of September 2007.
Ron Klecker, Mayor
Bridget Miller, City Clerk
M:\Public Data\City Council\Council Packet inform ation\2007\09-17-04\09 17 2007 Tim Guimont Parks (RCA).doc
Agenda Item No. 6.A.2..
Meeting Date September 17, 2007
A,
lb£"`t'�/1ll£ Mayor and Council Communication
SM.MT�.eta aty
September 13, 2007
SUBJECT: 0 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 invoices.
BACKGROUND: The City process's claims 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:
Check # 024732 Action Radio this is a purchase of pagers and paging equipment for the
Fire Department. There is to be a $1,500 reimbursement from grant monies.
Check # 02473 8 Campbell Knutson Attorney, consultant advice on FMLA and ADA
issues SV
• Check # 024753 John Linstrom consultant, meeting to discuss strategic planning for the
new fire code with city staff
POLICY CONSIDERATIONS: It is the City's policy to review and approve payables on a
semi-monthly basis.
FINANCIAL CONSIDERATIONS: City staff has reviewed and recommends approval of
payments presented.
LEGAL CONSIDERATIONS: The Mayor and Council have the authority to approve all bills
pursuant to Minnesota State Law which requires all bills to be paid in a timely manner, generally
within 30days unless one party determines disputes the billing.
Respectfully Submitted
Larry R. Kruse
City Administrator
Department/Responsible Person: Finance/ Tina Lannes, Finance Director
Attachments: Semi-monthly payment report
Mayor and Council Communication — September 17, 2007
Semi -Monthly Payment of Bills
Page 2 of 9
Draft Resolution
CITY OF ALBERTVILLE
COUNTY OF WRIGHT
STATE OF MINNESOTA
RESOLUTION NO.2007-88
RESOLUTION AUTHORIZING THE PAYMENT OF CLAIMS CHECK NUMBERS
024732 to 024777 AS PRESENTED EXCEPT THE BILLS SPECIFICALLY PULLED
WHICH ARE PASSED BY SEPARATE MOTION.
WHEREAS, the Albertville City Council pays claims 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 17th day of September, 2007
Ron Klecker, Mayor
Bridget Miller, City Clerk
M:\Public Data\City Council\Council Packet information\2007\09-17-04\09 17 2007 Finance Bills (final).doc
Agenda Item No. 6.11.1.
Meeting Date September 4, 2007
Mayor and Council Communication - September 17, 2007
Semi -Monthly Payment of Bills
Page 3 of 9
City of Albertville
Check Detail Register
September 17, 2007
Check Amt Invoice Comment
10100 Premier Bank
Paid Chk# 024732 9/17/2007 ACTION RADIO & COMMUNICATIONS
E 101-42000-586 C/O- Pagers $3,263.80 16285 pagers, minitor, mic, batt
(gr
E 101-42000-586
C/O- Pagers
$9&23 16359 batt replacement
Total ACTION RADIO & COMMUNICATIONS$3,354.03
Paid Chk# 024733
9/17/2007 ALBERTVILLE EXPRESS
E 101-45100-212
Motor Fuels
$7.70 31680 Fuel
E 101-45100-212
Motor Fuels
$29.82 32665 Fuel
Total ALBERTVILLE
EXPRESS
$37.52
Paid Chk# 024734
9/17/2007 ARAMARK UNIFORM
SERVICES
E 601-49450-417
Uniform Rentals
$17.02
629-6296089
Sewage Dept. - Uniform Sery
E 101-43100-417
Uniform Rentals
$25.53
629-6296089
Public Works - Uniform Sery
E 602-49400-417
Uniform Rentals
$17.02
629-6296089
Water Dept - Uniform Sery
E 101-45100-417
Uniform Rentals
$25.54
629-6296089
Parks Dept- Uniform Sery
E 601-49450-417
Uniform Rentals
$12.07
629-6300968
Sewage Dept. - Uniform Sery
E 101-43100-417
Uniform Rentals
$18.11
629-6300968
Public Works -Uniform Sery
E 101-45100-417
Uniform Rentals
$18.12
629-6300968
Parks Dept - Uniform Sery
E 602-49400-417
Uniform Rentals
$12.07
629-6300968
Water Dept - Uniform Sery
E 101-41940-405
Repair/Mntc bldg.
$60.36
629-6300969
mats CH
E 101-43100-417
Uniform Rentals
$18.63
629-6305854
Public Works -Uniform Sery
E 601-49450-417
Uniform Rentals
$12.42
629-6305854
Sewage Dept. - Uniform Sery
E 602-49400-417
Uniform Rentals
$12.42
629-6305854
Water Dept - Uniform Sery
E 101-45100-417
Uniform Rentals
$18.63
629-6305854
Parks Dept - Uniform Sery
E 601-49450-417
Uniform Rentals
$13.97
629-6310728
Sewage Dept. - Uniform Sery
E 101-45100-417
Uniform Rentals
$20.96
629-6310728
Parks Dept - Uniform Sery
E 602-49400-417
Uniform Rentals
$13.97
629-6310728
Water Dept - Uniform Sery
E 101-43100-417
Uniform Rentals
$20.96
629-6310728
Public Works -Uniform Sery
E 101-41940-405
Repair/Mntc bldg
$60.36
629-6310729
CH Mats, twls, mop
E 101-42000-405
Repair/Mntc bldg
$19.17
629-6310730
FD Mats
E 601-49450-417
Uniform Rentals
$17.04
629-6315575
Sewage Dept. - Uniform Sery
E 101-43100-417
Uniform Rentals
$25.57
629-6315575
Public Works -Uniform Sery
E 101-45100-417
Uniform Rentals
$25.57
629-6315575
Parks Dept - Uniform Sery
E 602-49400-417
Uniform Rentals
$17.04
629-6315575
Water Dept - Uniform Sery
E 101-43100-417
Uniform Rentals
$3.10
LPC chg fees uniforms
Total ARAMARK UNIFORM SERVICES
$505.65
Paid Chk# 024735 9/17/2007 A -TOOL SHED RENTAL & SALES
E 604-49660-300
Professional Srvs (GENERAL)
$69.23
13534 Jumping Jack Compactor 112 day
E 604-49660-300
Professional Srvs (GENERAL)
$102.24
13615 Ditch Witch 1/2 day 7/19/07
E 604-49660-300
Professional Srvs (GENERAL)
$102.24
9929 Ditch Witch 1/2 day 5/1/07
E 604-49660-300
Professional Srvs (GENERAL)
$102.24
9961 Ditch Witch 1/2 day 5/4/07
Total A -TOOL
SHED RENTAL & SALES
$375.95
Paid Chk# 024736 9/17/2007 BARR ENGINEERING COMPANY
E 498-49000-303 Engineering Fees $3,943.80 2386065-7 Albert Villas Flooding
Total BARR ENGINEERING COMPANY $3,943.80
Paid Chk# 024737 9/17/2007 BROCK WHITE CO. LLC.
E 101-43100-224 Street Overlayment
Total BROCK WHITE CO. LLC. $513.60
Paid Chk# 024738 9/17/2007 CAMPBELL KNUTSON
E 101-41600-304 Legal Fees
Total CAMPBELL KNUTSON $1,567.73
$513.60 11687163-00 overlay project trunk dom
$1,567.73
M:\Public Data\City Council\Council Packet information\2007\09-17-04\09 17 2007 Finance Bills (frnal).doc
FMLA/ADA issues
Agenda Item No. 6.B.1.
Meeting Date September 4, 2007
or and Council Communication -
Semi -Monthly Payment of Bills
Page 4 of 9
Check Amt Invoice Comment
Paid Chk# 024739 9/17/2007 CARQUEST
E 10 1 -42400-446 C/O - Vehicles $47.57 1536-29792 parts 2001 chevy auto tension
Total CARQUEST $47.57
Paid Chk# 024740 9/17/2007 CENTER POINT ENERGY
E 101-43100-383 Gas Utilities $37.33 540757420807 6440 Maciver Ave
E 601-49450-383 Gas Utilities $48.79 542144240807 6164 Maciver Ave
Total CENTER POINT ENERGY $86.12
Paid Chk# 024741 9/17/2007 CROW RIVER NEWS NORTH
E 101-41100-351 Legal Notices Publishing $116.73 publish costs
Total CROW RIVER NEWS NORTH $116.73
Paid Chk# 024742
9/17/2007 DENNIS FEHN GRAVEL & EXCAVATIN
E 201-45200-300
Professional Srvs (GENERAL)
$55,342.11
Winter Park Pay Est # 1
E 602-49400-407
R/M - Water Mains
$144.94 21307
screened sand
Total DENNIS FEHN
GRAVEL & EXCAVATIN$55,487.05
Paid Chk# 024743
9/17/2007 DHB
E 101-45100-323
Nextel Radio Units
$60.00 31796
phone repair
Total DHB
$60.00
Paid Chk# 024744
9/17/2007 DJ'S TOTAL HOME CARE CENTER
E 101-43100-401
Repair/Maint - Unpaved
$19.13 24339
concrete mix
E 602-49400-210
Operating Supplies (GENERAL)
$15.95 24360
file mill, split bolt
E 602-49400-210
Operating Supplies (GENERAL)
$12.77 24378
drill bit
E 101-43100-400
Repair/Maint - Paved Rd
$38.32 24393
paint
E 101-43100-226
Sign Repair Materials
$19.03 24410
hex nuts, hex caps
E 601-49450-210
Operating Supplies (GENERAL)
$4.24 24525
distilled wtr
E 101-42000-405
Repair/Maint - Buildings
$50.86 24624
FD furn filters
E 101-43100-405
Repair/Maint - Buildings
$10.64 24624
scrw slfdrl phil
E 101-43100-405
Repair/Maint - Buildings
$5.30 24631
cement roofwet/dry
E 101-41940-405
Repair/Maint - Buildings
$457.13 24643
batteries, filters, keys, dist
E 101-45100-404
Repair/Maint - Machinery/Equip
$21.19 24712
tubing braid
E 101-43100-215
Shop Supplies
$20.47 24779
tape, couples, nipples pvc
E 101-42400-405
Repair/Maint - Buildings
$28.66 24806
celing tiles CH (old CH)
E 101-43100-215
Shop Supplies
$4.64 24816
nylon bushing
E 101-45100-210
Operating Supplies (GENERAL)
$14.89 24891
paint thinner, bug spray
E 601-49450-210
Operating Supplies (GENERAL)
$26.40 25045
paintbrsh, rollers, frame,
cal
Total DJ'S TOTAL HOME CARE CENTER $749.62
Paid Chk# 024745
9/17/2007 DON'S AUTO & REPAIR
E 101-42000-212
Motor Fuels
$53.82 46610
fuel
E 101-42000-212
Motor Fuels
$34.88 46681
fuel
E 101-42000-212
Motor Fuels
$64.78 46689
fuel
E 101-42000-212
Motor Fuels
$55.84 46745
fuel
E 101-42000-212
Motor Fuels
$59.51 46782
fuel
E 101-42000-212
Motor Fuels
$52.82 46806
fuel
E 101-42000-212
Motor Fuels
$43.33 46995
fuel
E 101-42000-212
Motor Fuels
$36.88 46996
fuel
E 101-43100-212
Motor Fuels
$60.13 47468
fuel
E 101-43100-212
Motor Fuels
$53.86 47686
fuel
E 101-43100-404
Repair/Maint - Machinery/Equip
$12.00 47686
tire repair
E 101-42400-212
Motor Fuels
$44.57 47697
fuel
Total DON'S AUTO
& REPAIR $572.42
Paid Chk# 024746
9/17/2007 EARL F. ANDERSON, INC.
E 101-43100-226
Sign Repair Materials
$239.34 0079019-IN
9" St. sign plates/brackets
Total EARL F. ANDERSON,
INC. $239.34
M:\Public Data\City Council\Council Packet information\2007\09-17-04\09 17 2007 Finance Bills (fnal).doc
Agenda Item No. 6.B.1.
Meeting Date September 17, 2007
Mayor and Council Communication - September 17,
Semi -Monthly Payment of Bills
Page 5 of 9
Check Amt
Invoice Comment
Paid Chk# 024747
9/17/2007 EGGEN'S DIRECT SERVICE,
INC.
E 101-43100-212
Motor Fuels
$83.60 115058
fuel
E 101-45100-212
Motor Fuels
$87.00 115062
fuel
E 101-45100-212
Motor Fuels
$9.00 115070
fuel
E 601-49450-212
Motor Fuels
$35.51 115071
fuel
E 601-49450-212
Motor Fuels
$122.02 115072
fuel
E 602-49400-212
Motor Fuels
$66.06 115081
fuel
E 101-45100-212
Motor Fuels
$5.60 115083
fuel
E 601-49450-212
Motor Fuels
$33.57 115084
fuel
E 101-45100-212
Motor Fuels
$75.00 115090
fuel
E 101-45100-212
Motor Fuels
$27.63 115099
fuel
E 101-43100-212
Motor Fuels
$40.85 115101
fuel
E 101-42400-212
Motor Fuels
$87.75 115102
fuel
E 602-49400-212
Motor Fuels
$65.00 115111
fuel
E 101-45100-212
Motor Fuels
$77.42 115112
fuel
E 101-45100-212
Motor Fuels
$66.20 115114
fuel
E 101-45100-212
Motor Fuels
$67.70 115115
fuel
E 601-49450-212
Motor Fuels
$138.57 115121
fuel
E 602-49400-212
Motor Fuels
$31.00 115124
fuel
E 101-45100-212
Motor Fuels
$53.00 115129
fuel
Total EGGEN'S
DIRECT SERVICE, INC. $1,172.48
Paid Chk# 024748
9/17/2007 FEDERATED CO-OPS, INC.
E 1.01-45100-210
Operating Supplies (GENERAL)
$91.89 F25275
Buccaneer plus
E 101-45100-210
Operating Supplies (GENERAL)
$91.58 F25281
Choice mix 50 lb
E 601-49450-210
Operating Supplies (GENERAL)
$91.89 F25329
buccaneer
Total FEDERATED CO-OPS, INC. $275.36
Paid Chk# 024749 9/17/2007 GOPHERSIGN COMPANY
E 101-43100-226 Sign Repair Materials
$143.62 00072449 roll 8" x 50 yds barricade
tap
Total GOPHERSIGN COMPANY $143.62
Paid Chk# 024750 9/17/2007 HENRYS WATERWORKS, INC
E 602-49400-404 Repair/Mntc-Machinery/E. $77.39
11821 meter, horns, coupling sleeves
E 602-49400-250 Meters for Resale $87.93
11821 meter, horns, coupling sleeves
Total HENRYS WATERWORKS, INC $165.32
Paid Chk# 024751 9/17/2007 1-94 WEST CHAMBER OF
COMMERCE
E 101-41100-433 Dues and Subscriptions
$270.00 Annual Dues
Total 1-94 WEST CHAMBER OF COMMERCE$270.00
Paid Chk# 024752 9/17/2007 INSPECTRON INC.
E 101-42400-300 Professional Srvs (GENERAL)
$3,400.00 06107-07/07 service
Total INSPECTRON INC. $3,400.00
Paid Chk# 024753 9/17/2007 JOHN A LINDSTROM
E 101-42000-111 Other (Fire Admin)
$114.00 Strategic Planning Fire
Code
Total JOHN A LINDSTROM $114.00
Paid Chk# 024754 9/17/2007 JOHN DEERE LANDSCAPES
E 101-45100-210 Operating Supplies (GENERAL) $237.98 12833699 riser extenstions and pop
up r
Total JOHN DEERE LANDSCAPES $237.98
Paid Chk# 024755 9/17/2007 LEAGUE OF MINNESOTA CITIES
E 101-41100-433 Dues and Subscriptions $4,804.00 annual dues
Total LEAGUE OF MINNESOTA CITIES $4,804.00
M:\Public Data\City Council\Council Packet information\2007\09-17-04\09 17 2007 Finance Bills (final).doc
Agenda Item No. 6.B.1.
Meeting Date September 17, 2007
Mayor and Council Communication — September 17,
Semi -Monthly Payment of Bills
Page 6 of 9
Check Amt Invoice Comment
Paid Chk# 024756 9/17/2007 MINNESOTA COPY SYSTEMS
E 101-41400-413 Office Equipment Rental $232.02 161586 Copier Maintenance
Agreement
Total MINNESOTA COPY SYSTEMS $232.02
Paid Chk# 024757 9/17/2007 MINNESOTA DEPT OF LABOR & INDU
E 101-42400-208 Training and Instruction $35.00 Nov 1 CCLD fall Seminar JS
Total MINNESOTA DEPT OF LABOR & INDU $35.00
Paid Chk# 024758 9/17/2007 MINNESOTA MAYORS ASSOCIATION
E 101-41100-433 Dues and Subscriptions $20.00 annual dues
Total MINNESOTA MAYORS ASSOCIATION $20.00
Paid Chk# 024759 9/17/2007 MONTICELLO ANIMAL CONTROL
E 101-42700-309 Animal Control Contract $22.00 703 cat pick up 8/9/07
Total MONTICELLO ANIMAL CONTROL $22.00
Paid Chk# 024760 9/17/2007 MONTICELLO, CITY OF
E 101-42700-309 Animal Control Contract $805.14 10526 animal control 7/07
Total MONTICELLO, CITY OF $805.14
Check Amt
Paid Chk# 024761 9/17/2007 MOON MOTORS
E 101-45100-404 Repair/Mntc-Machinery/Eq $83.69
Total MOON MOTORS $83.69
Paid Chk# 024762 9/17/2007 MTR SERVICES INC
E 101-41000-300 Professional Srvs (GENERAL)
Total MTR SERVICES INC $292.50
Invoice Comment
4340265 screw cap, torque cable, drive
$292.50 3698a
Paid Chk# 024763 9/17/2007 NORTH AMERICAN CLEANING CORP
E 101-41940-405 Repair/Maint Buildings $419.61 36575
E 101-42000-405 Repair/Maint - Buildings $69.23 36575
E 101-43100-405 Repair/Maint Buildings $78.81 36575
Total NORTH AMERICAN CLEANING CORP $567.65
silt fence removal
CH 8/07
FD 8/07
PW 8/07
Paid Chk# 024764 9/17/2007 NORTHERN TOOL & EQUIPMENT
E 101-43100-404 Repair/Maint - Machinery/Equip $2.03 0191181030F finance chg
E 101-43100-404 Repair/Maint - Machinery/Equip $55.42 0191217630 heavy duty ratchet tiedo
(4)
Total NORTHERN TOOL & EQUIPMENT $57.45
Paid Chk# 024765 9/17/2007 RAPIT PRINTING
E 101-41500-200 Office Supplies (GENERAL) $588.25 54101 Letterhead
E 101-41500-200 Office Supplies (GENERAL) $892.77 54368 window envelopes
Total RAPIT PRINTING $1,481.02
Paid Chk# 024766 9/17/2007 RED'S PORTABLE TOILETS
E 101-45100-415 Other Equipment Rentals $705.56 Rental -Portable
Bathrooms
Total RED'S PORTABLE TOILETS $705.56
Paid Chk# 024767 9/17/2007 REED BUSINESS INFORMATION
E 499-49000-300 Professional Srvs (GENERAL) $187.32 3720714 bid publsihing Lachman
E 499-49000-300 Professional Srvs (GENERAL) $187.32 3722103 bid publsihing Lachman
Total REED BUSINESS INFORMATION $374.64
Paid Chk# 024768 9/17/2007 S & T OFFICE PRODUCTS
E 101-42400-200 Office Supplies (GENERAL) $95.74 OlLY7770 white out/duster (air)
Total S & T OFFICE PRODUCTS $95.74
M:\Public Data\City Council\Council Packet information\2007\09-17-04\09 17 2007 Finance Bills (final).doc
Agenda Item No. 6.B.1.
Meeting Date September 17, 2007
r an
Semi -Monthly Payment of Bills
Page 7 of 9
Check Amt
Invoice Comment
Paid Chk# 024769
9/17/2007 SENTRY SYSTEMS, INC.
E 101-42000-405
Repair/Maint -Buildings
$28.38 544598
FD Alarm
E 101-43100-405
Repair/Maint Buildings
$30.96 544598
Pks Alarm
E 101-42000-405
Repair/Maint - Buildings
$4.21 544598
FD Alarm
E 101-43100-405
Repair/Maint Buildings
$29.23 544598
PW Alarm
Total SENTRY SYSTEMS, INC. $92.78
Paid Chk# 024770
9/17/2007 SUMMIT SUPPLY CORP.
E 101-45100-210
Operating Supplies (GENERAL)
$224.00 52759
home plate, pitching
rubber (3
Total SUMMIT SUPPLY CORP. $224.00
Check Amt
Invoice Comment
Paid Chk# 024771
9/17/2007 U.S. BANK CORPORATE TRUST SERV
E 355-47000-620
Fiscal Agent's Fees
$215.63 1972215
1999 A G. O. Bond
E 356-47000-620
Fiscal Agent's Fees
$250.00 1972401
2000 A G O Sewer
Total U.S. BANK CORPORATE TRUST SERV$465.63
Paid Chk# 024772 9/17/2007 W. S. DARLEY & CO
E 101-42000-583 C/O - Hose
Total W. S. DARLEY & CO $69.83
$69.83 0000761191 parts for hose
Paid Chk# 024773
9/17/2007 WASTE MANAGEMENT
E 101-41940-384
Refuse/Garbage Disposal
$49,98 167948915936
5959 Main Ave
E 101-45100-384
Refuse/Garbage Disposal
$63.36 167948915936
11401 Lander
E 601-49450-384
Refuse/Garbage Disposal
$51.48 167948915936
6451 Maciver
E 101-41940-384
Refuse/Garbage Disposal
$18.49 167949015934
5959 Main Ave
Total WASTE MANAGEMENT $183.31
Paid Chk# 024774 9/17/2007 WESTSIDE WHOLESALE TIRE
E 101-45100-404 Repair/Maint - Machinery/Equip $12.72 588952 repair
Total WESTSIDE WHOLESALE TIRE $12.72
Paid Chk# 024775 9/17/2007 WRIGHT CTY SHERIFFS PATROL
E 101-42110-307 Police Contract Fees $38,142.50 Patrol-07-9 Sheriff Patrol 9/07
Total WRIGHT CTY SHERIFFS PATROL $38,142.50
Paid Chk# 024776
9/17/2007 XCEL ENERGY
E 101-43160-381
Electric Utilities
$35.84
51416598070807 5700 Labeaux Ave Signal
E 101-41940-381
Electric Utilities
$4.04
51644391160807 10820 Kantar Ct
E 101-43160-381
Electric Utilities
$4,712.32
5169013800807 Street Lighting - 58-59-60 St.
Total XCEL ENERGY
$4,752.20
Paid Chk# 024777 9/17/2007 YOCUM OIL COMPANY, INC.
E 101-43100-212 Motor Fuels $1,372.95 843670 Optimum Power # 2 ULSD Dyed B2
Total YOCUM OIL COMPANY, INC. $1,372.95
10100 Premier Bank $128,328.22
Fund Summary
10100 Premier Bank
101 GENERAL FUND
$66,627.54
201 PARK DEDICATION
$55,342.11
355 1999A GO IMPROVEMENT
$215.63
356 2000 G.O. SEWER REVENUE
$250.00
498 Flood Mitigation Project
$3,943.80
499 Lachman Ave
$374.64
601 SEWER FUND
$624.99
602 WATER FUND
$573.56
604 STORM WATER
$375.95
$128,328.22
M:\Public Data\City Council\Council Packet information\2007\09-17-04\09 17 2007 Finance Bills (final).doc
Agenda Item No. 6.B.1.
Meeting Date September 17, 2007
A,lbertville Mayor and Council Communication
� sx • ft racy ur..
September 13, 2007
SUBJECT: 0 Finance Department — Accept Donation from the Lions to the Fire Dept.
RECOMMENDATION: It is staffs recommendation to accept the donation of funds from the
Albertville Lions in the amount of $11,221.49 to be disbursed to the Albertville Fire Department.
BACKGROUND: The City accepts donations from various non-profit organizations throughout
the calendar year. The donations are designated to departments within the City organization or to
other non-profit entities.
POLICY CONSIDERATIONS: It is the City's policy to review, evaluate, and accept donations
on an individual basis.
FINANCIAL CONSIDERATIONS: The donation has no significant financial affect on the
City financials.
LEGAL CONSIDERATIONS: The Mayor and Council have the authority to accept all
donations that are received from various organizations. .
Respectfully Submitted
Larry R. Kruse
City Administrator
Department/Responsible Person: Finance/ Tina Lannes, Finance Director
Attachments: none
M:\Public Data\City Council\Council Packet information\2007\09-17-04\09 17 2007 Finance (Lions Donation -Fire Dept).doc
Agenda Item No. 6.B.2.
Meeting Date September 17, 2007
A.Jbertvi 1 le
ob:ur.. Mayor and Council Communication
September 11, 2007
SUBJECT: 0 Finance Department — Winter Park Pay Request No. 1
September 7, 2007
Mr. Larry Kruse, City Administrator
City of Albertville
5959 Main Avenue NE, P.O. Box 9
Albertville, MN 55301-0009
RE: Winter Park Improvements - 2007
City of Albertville, MN
Contractor's Pay Estimate No. 1
BMI Project No. R13.39086
Dear Mr. Kruse:
Enclosed please find three (3) copies of Partial Pay Estimate No. 1 for the above referenced
project. Payment No. 1 is for work completed through August 15th, which includes grading
work, storm sewer installation, as well as, other tasks associated with the project.
Based upon the work completed to date, we recommend partial payment in the amount of
$55,342.11 to Dennis Fehn Gravel and Excavating, Inc. This payment represents all work
completed to date, less five (5%) percent held as retainage, and is consistent with contract
payment specifications.
For your information, the total contract amount for the project is $175,512 and all work is to be
completed this year.
If everything meets your approval, please sign all three (3) copies, retain one (1) copy, return one
(1) copy to our office, and submit one (1) copy along with payment to Dennis Fehn Gravel and
Excavating, Inc., P.O. Box 256, 5050 Barthel Industrial Dr., Albertville, MN 55301.
Please contact me if you have any questions regarding this estimate.
Sincerely,
BOLTON & MENK, INC.
Ct,�w %2�aoC
Adam Nafstad, P.E.
Assistant City Engineer
M:\Public Data\City Council\Council Packet information\2007\09-17-04\09 17 2007 Winter Park Pay Req Ldoc
Agenda Item No. 6.B.3.
Meeting Date September 17, 2007
f!Y
Nibertville
Mayor and Council Communication
sir tbt_ ukm. 910 ale„ ur..
September 13, 2007
SUBJECT: 0 City Clerk Report — Albertville Lions One -Day Liquor License
RECOMMENDATION: This space on the agenda is reserved for the City Council to consider
the application request submitted by the Albertville Lions Club to sell 3.2% Malt Liquor on
Saturday, October 20, 2007 from 3:00 p.m. to 10:00 p.m. at the St. Albert's Parish Center.
BACKGROUND: Space is reserved on the Council agenda to accommodate the Mayor and
Council to review and ask questions about the liquor license applications.
KEY ISSUES:
• Albertville Lions Club has submitted five (5) previous applications for a One Day 3.2%
Malt Liquor License
POLICY CONSIDERATIONS: The Mayor and Council review the applications for liquor
licenses.
FINANCIAL CONSIDERATIONS: There is minimal financial revenue collected from the
liquor license fee.
LEGAL CONSIDERATIONS: The Mayor and Council have the authority to review and direct
staff to take action regarding all liquor license applications received by the City of Albertville.
Respectfully Submitted
Larry R. Kruse
City Administrator
Department/Responsible Person: Administration/Bridget Miller, City Clerk
Attachments: none
M:\Public Data\City Council\Council Packet information\2007\09-17-04\09 17 2007 City Clerk RCA (I-dayliq lic).doc
Agenda Item No. 6.C.1.
Meeting Date September 17, 2007
lbcrtvijlc
Mayor and Council Communication
sma afl..a. u.r.o. ft ssey ur..
September 13, 2007
SUBJECT: 0 City Clerk Report — Albertville Lions Gambling Permit
RECOMMENDATION: This space on the agenda is reserved for the City Council to consider
the application request submitted by the Albertville Lions Club to sell raffle tickets on Saturday,
October 20, 2007 from 3:00 p.m. to 10:00 p.m. at the St. Albert's Parish Center.
BACKGROUND: Space is reserved on the Council agenda to accommodate the Mayor and
Council to review and ask questions about the liquor license applications.
KEY ISSUES:
• Albertville Lions Club has not submitted previous applications for a One Day Gambling
Permit within the Albertville city limits
POLICY CONSIDERATIONS: The Mayor and Council review the applications for a
Gambling Permit.
FINANCIAL CONSIDERATIONS: There is no financial revenue collected from the applicant
for the gambling permit.
LEGAL CONSIDERATIONS: The Mayor and Council have the authority to review and direct
staff to take action regarding all gambling permit applications received by the City of Albertville.
Respectfully Submitted
q
Larry R. Kruse
City Administrator
Department/Responsible Person: Bridget Miller, City Clerk
Attachments: none
M:\Public Data\City Council\Council Packet information\2007\09-17-04\09 17 2007 City Clerk RCA (Lions Gambling Permit).doc
Agenda Item No. 6.C.2.
Meeting Date September 17, 2007
1b�rtvi j j£ Mayor and Council Communication
Smell Town living. Big City life.
September 13, 2007
SUBJECT: 0 City Clerk Report —152 Club Temporary Outdoor Music Permit
RECOMMENDATION: This space on the agenda is reserved for the City Council to consider
the application request submitted by the 152 Club to approve a Temporary Outdoor Music
Permit on Saturday, October 6, 2007 from 3:00 p.m. to 12:00 p.m. at the 152 Club located within
the Albertville city limits.
BACKGROUND: Space is reserved on the Council agenda to accommodate the Mayor and
Council to review and ask questions about the Temporary Outdoor Music Permit applications.
In 2005, the City Council approved the 152 Club Temporary Outdoor Music Permit with the
following conditions:
Mayor Peterson recommended allowing the Live Outdoor Music permit this one time under
the condition should the City receives one complaint, another request will not be granted.
The 152 Club must provide a waiver from the homeowner(s) within 400' for their approval
of the Live Outdoor Music.
Council member Berning made a request to face the band towards the railroad directing the
music away from the residential homes. Also, should the City request the music to be
turned down, the 152 Club must comply.
In 2006, the 152 Club again was approved for a Temporary Outdoor Music Permit with the same
conditions stated in 2005.
The following is a map of properties within 400 feet of the 152 Club.
q
Mayor and Council Communication — September 17, 2007
City Clerk —152 Club Temporary Outdoor Permit
Page 2 of 3
KEY ISSUES:
• 152 Club has not submitted previous applications for a Temporary Outdoor Music Permit
within the Albertville city limits
• The City did not receive any complaints from homeowners within 400' from the 152
Club in 2005 or 2006.
• The City did not receive copies of the waivers from the 152 Club that were to be
submitted by the homeowner(s) within 400' of the 152 Club.
POLICY CONSIDERATIONS: The Mayor and Council review the applications for a
Temporary Outdoor Music Permit. Additional policy considerations are taken from the 2005
Albertville Municipal City Code:
5-5-3: EXCEPTION; OUTDOOR MUSICAL PERFORMANCES:
The provisions of section 5-5-1 and subsection 5-5-2E of this chapter do not apply to
live outdoor musical performances which have a permit approved and issued by the
city council. The following criteria shall apply to issuance of a live outdoor musical
performance permit:
• Any person and/or organization shall be limited to a maximum of two (2) permits
per year.
• The permit applicant must pay a permit fee as set by the city council by
resolution.
• In addition to the permit fee, the city may require a security deposit.
• The permit applicant must demonstrate that there will be adequate sanitary
facilities.
• The permit applicant must demonstrate that there will be adequate security at the
location of the live outdoor musical performance.
• The permit applicant must have sufficient off street parking.
• The live outdoor musical performance must not interfere with other commercial
and governmental activities or with the quiet enjoyment of residential property.
• The location of the live outdoor musical performance must be at least four
hundred feet (400') from any residence located in a residential zoning district.
• The live outdoor musical performance shall only occur on the dates and during
the hours designated by the city council.
• The volume of the live outdoor musical performance must be reasonable. (Ord.
2004-05, 6-7-2004)
FINANCIAL CONSIDERATIONS: There is no financial revenue collected from the applicant
for the temporary outdoor music permit.
M:\Public Data\City Council\Council Packet information\2007\09-17-04\09 17 2007 City Clerk RCA (152 Club Music Permit).doc
Agenda Item No. 6.C.3.
Meeting Date September 17, 2007
Mayor and Council Communication — September 17, 2007
City Clerk —152 Club Temporary Outdoor Permit .
Page 3 of 3
LEGAL CONSIDERATIONS: The Mayor and Council have the authority to review and direct
staff to take action regarding all temporary outdoor music permit applications received by the
City of Albertville.
Respectfully Submitted
0`qeql�
Larry R. Kruse
City Administrator
Department/Responsible Person: Administration/ Bridget Miller, City Clerk
Attachments: none
M:\Public Data\City Council\Council Packet information\2007\09-17-04\09 17 2007 City Clerk RCA (152 Club Music Permit).doc
Agenda Item No. 6.C.3.
Meeting Date September 17, 2007
1b4Ertvi 11'E Mayor and Council Communication
T �. Y. ft 93ty Ur
September 13, 2007
SUBJECT: 0 City Clerk Report — Montage Bistro "On -Sale" Liquor License
RECOMMENDATION: This space on the agenda is reserved for the City Council to consider
the application request submitted by Stephen Anderson for an "On -Sale" Intoxicating Liquor
License and a "Special Sunday" Liquor License for the Montage Bistro establishment located at
5262 Kyler Avenue NE within the Shoppes at Prairie Run Addition.
BACKGROUND: Space is reserved on the Council agenda to accommodate the Mayor and
Council to review and ask questions about the liquor license applications.
KEY ISSUES:
• Stephen Anderson recently applied and was approved for an "On -Sale" Wine License and
an "On -Sale" 3.2% Malt Beverage License
• Mr. Anderson passed the Background Checks with the BCA and Wright County Sheriff's
Department
• Montage Bistro passed the Minnesota State Alcohol and Gambling site inspection
• Mr. Anderson submitted the necessary Certificate of Insurance for the "On -Sale" Wine
License and an "On -Sale" 3.2% Malt Beverage License
• Mr. Anderson paid the required fees for the "On -Sale" Wine License and an "On -Sale"
3.2% Malt Beverage License
POLICY CONSIDERATIONS: The Mayor and Council review and approve the applications
for "On -Sale" Intoxicating Liquor License and a "Special Sunday" Liquor License for
establishments within the Albertville city limits.
FINANCIAL CONSIDERATIONS: There is financial revenue collected from the applicant for
the "On -Sale" Intoxicating Liquor License and a "Special Sunday" Liquor License.
LEGAL CONSIDERATIONS: The Mayor and Council have the authority to review and direct
staff to take action regarding all "On -Sale" Intoxicating Liquor License and a "Special Sunday"
Liquor License applications received by the City of Albertville.
Respectfully Submitted
c�s
Larry R. Kruse
City Administrator
Department/Responsible Person: Bridget Miller, City Clerk
Attachments: none
M:\Public Data\City Council\Council Packet information\2007\09-17-04\09 17 2007 City Clerk RCA (Montage On -Sale Liq).doc
Agenda Item No. 6.C.4.
Meeting Date September 17, 2007
Albcrtvillc Mayor and Council Communication
snmv Tema Ebk`4• 09 0tv Ufa.
September 13, 2007
SUBJECT: 0 Planning and Zoning — Accept Curt Gentile's Request for Extension
RECOMMENDATION: It is staffs recommendation to accept the extension from Curt Gentile
for the Conditional Use Permit for Outdoor Dining area from September 16, 2007 to Wednesday,
November 7, 2007.
BACKGROUND: Staff continues to work with Curt Gentile on the Conditional Use Permit for
an Outdoor Dining area in conjunction with the Downtown Parking layout.
POLICY CONSIDERATIONS: It is the City's policy to review, evaluate, and accept requests
for extensions on an individual basis.
FINANCIAL CONSIDERATIONS: The request for an extension has no significant financial
affect on the City financials.
LEGAL CONSIDERATIONS: The Mayor and Council have the authority to accept all
requests for extension that are received from various businesses.
Respectfully Submitted
Larry R. Kruse
City Administrator
Department/Responsible Person: Administration/ Al Brixius, City Planner
Attachments; Curt Gentile's request
Mayor and Council Communication — September 17, 2007
Planning and Zoning — Curt Gentile's Extension Request
Page 2 ofg�
5788 Main Avenue NE * Albertville, IN 55301
September 12, 2007
City of Albertville
5959 Main Avenue NE
P. O. Box 9
Albertville, MN 55301
RE: Timeline of Extension for Text Amendment
/Conditional Use Permit
Dear City Council and Albertville Staff,
Accept this written notification as a request an additional extension on the review process of the
Text Amendment/Conditional Use Permit. The original extension was set for September 16,
2007. I then requested an extension to Tuesday, September 18 for the Outdoor Dining at Geez
Sports Bar and Grill. I would like to extend the Text Amendment/Conditional Use Permit to
November 7, 2007.
If you have any questions or concerns, please do not hesitate to contact me.
Sincerely,
Curt Gentile
Geez Sports Bar and Grill
5788 Main Avenue NE
Albertville, MN 55301
M:\Public Data\City Council\Council Packet information\2007\09-17-04\09 17 2007 Planning (accept Geez extension).doc
Agenda Item No. 6.D.1.
Meeting Date September 17, 2007
Nbertville 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 plan ners@nacplanning,com
MEMORANDUM
TO:
FROM:
DATE:
RE:
FILE NO:
BACKGROUND
Larry Kruse
Alan Brixius
September 11, 2007
Albertville — Downtown Parking Standards — Land Trade
163.05 — 07.07
The City of Albertville negotiated and purchased 1.8 acres of property west of Main
Street from the Burlington Northern Railroad. The acquisition of the property is seen as
an opportunity to promote redevelopment and reinvestment in Albertville's Historic
Downtown area.
The City has been working with the owners of the 152 Club and Geez Bar to address
opportunities for business expansion, parking shortages, and site design. The City's
involvement has been required due to the following existing conditions:
1. The commercial lots in the Downtown area are small and generally fully utilized.
These sites lack the land area to provide the required off-street parking to meet
City zoning requirements.
The commercial uses that are located on the east side of Main Street, between
57th Street and the railroad, accumulatively need 161 parking spaces based on
the City's Zoning Ordinance. An inventory of existing parking in this block
reveals approximately 20 on -street parking stalls and 43 off-street parking stalls
under the control of the existing property owners. This presents a discrepancy of
98 parking stalls. It should be noted that the local businesses also utilize St.
Albert's Community Center parking lot to meet their needs.
2. The 152 Club site consists of two parcels that have a total land area of 30,658
square feet. The site's triangular configuration complicates the use of the
Mayor and Council Communication — September 17, 2007
Planning Department Albertville Downtown Parking Standards Land Trade
Page 2 of
property. The building occupies the front of the lot, providing only an 11 foot
setback from the property to the south.
The 152 Club fence, volleyball courts and horseshoe pit are located outside of
their lot on land purchased by the City from the railroad. The rear yard parking
and the southern volleyball court is abutting single family lots.
3. The Geez site also consists of two parcels having a combined land area of
11,914 square feet. A conditional use permit is pending for outdoor dining. One
of the recommended conditions for the conditional use permit is a contribution to
a City parking area to address Geez parking needs.
4. A parking lot concept was prepared as part of a Downtown Parking Study that
illustrates a 100+ stall parking lot could be fit into the land east of Geez and the
152 Club. This concept anticipated shared parking for the area businesses and
an extensive landscape screen along the residential properties.
5. The railroad property acquired by the City exists as a rectangular configuration.
The better development property lies along Main. Moving east, the land drops in
elevation and has poor soil conditions. The City paid $2.60 per square foot for
this property. The City Council is anticipating some return in their investment.
6. The City Council is willing to look at assisting the local businesses and directed
staff to outline options for utilizing the land to the benefit of both the businesses
and property owners.
OPTIONS
Option 1 — Land Trade
Conversations have been held with the 152 Club involving a land trade. The following
elements would be involved in the land trade:
1. The City would trade land with the 152 Club. The 152 Club would receive
approximately 18,000 square feet of land from the City in exchange for
approximately 25,000 square feet from the 152 Club. The land exchange would
give the 152 Club a rectangular shaped parcel of land area sufficient to
accommodate their building and outdoor recreational activity.
The configuration of the land given to the 152 Club must accommodate the
dimensional requirements of the volleyball courts with safe out-of-bounds play.
However, the subdivision of the railroad property must also produce a lot north of
the 152 Club that is large enough to accommodate a contemporary building with
M:\Public Data\City Council\Council Packet infonnation\2007\09-17-04\09 04 2007 Planning Downtown Parking Land Trade.doc
Agenda Item No. 6.D.2.
Meeting Date September 17, 2007
Mayor and Council Communication — September 17, 2007
Planning Department Albertville Downtown Parking Standards Land Trade
Page 3 of
parking. The City will maximize the size of this future parcel. The City has had
the land exchange area appraised and the values of the parcels are near equal.
The attached graphic illustrates the proposed land trade with the 152 Club.
The new 152 Club parcel is proposed to be 90 feet in width along Main Avenue,
extending east approximately 223 feet. This dimension should provide lot area to
accommodate the volleyball court with out-of-bounds setbacks, proposed
building expansion, and trash enclosures.
The City would receive that property currently owned by the 152 Club lying south
of the existing building. This configuration would only provide approximately 10
feet of frontage on Main Avenue. This 10 foot lot width is not wide enough to
provide adequate parking lot access. As such, any land trade will require the
cooperation of Geez to provide land to access the rear parking lot.
2. Geez Land. To provide access to the parking lot, the City will require a driveway
width of 24 feet. To achieve this driveway dimension and some driveway
separation, the 152 Club building, approximately 17 feet along the north edge of
the Geez lot, would need to be acquired by either fee title or easement.
The City is not interested in buying more land. As such, the Geez contribution
could be compensated through a land trade that would increase the lot depth of
the Geez property.
These aforementioned land trades would establish the new property ownership
pattern and provide the necessary land areas for a public parking lot. If the land
trades are acceptable, conveyance documents would be prepared and the City
would prepare a plat that will include all affected properties and illustrate the new
lot lines.
Parking Lot Arrangement. The proposed land trades do not produce needed parking
for the existing commercial properties. The commercial properties will be nearly fully
developed without required parking. Geez will provide 10 on -site parking stalls, which
falls below the parking required.
To provide parking for area businesses, the development of a public parking lot is being
considered. The City Council is hesitant to invest significant public funds in a public
parking lot where only limited benefit is achieved. In this respect, the parking would be
shared between the 152 Club and Geez. The City Council would expect that the cost of
constructing the parking lot and a portion of the land acquisition would be the
responsibility of the benefited businesses. To avoid upfront expense to either business,
the City would construct the parking lot and assess the costs over a 15 year period.
M_\Public Data\City Council\Council Packet information\2007\09-17-04\09 04 2007 Planning Downtown Parking Land Trade.doc
Agenda Item No. 6.D.2.
Meeting Date September 17, 2007
Mayor and Council Communication — September 17, 2007
Planning Department Albertville Downtown Parking Standards Land Trade
Page 4 of
The City Council has directed City staff to investigate low cost options to providing
parking. Attachment A presents costs for developing a parking lot in a paved and
unpaved design. The table illustrated costs for parking lots containing 30, 50, and 70
parking stalls.
To keep costs down, staff is suggested a gravel parking option containing 50 to 70
parking stalls. The larger parking lot is suggested based on site observation. The
following costs per stall would be anticipated:
50 Stalls 70 Stalls
Construction $2,177.06
$1,851.10
Land Price $1.50 per square foot $450.00
$450.00
$2,627.06
$2,301.10
X 50 stalls
X 70 stalls
$131,353.00
$161,077.00
If the cost is divided equally between the two businesses, the following annual
assessments would be considered.
50 stalls = $131,353 _ 2 = $65,676
Special Assessment
Interest Rate
Term
Annual Assessment
$65,676.00
0%
15 years
$ 4,378.44
$65,676.00
4.5%
15 years
$ 6,115.34
$65,676.00
6.0%
15 years
$ 6,762.18
The gravel parking is viewed as an interim solution. Ultimately, this area would be
upgraded to City standards as a paved parking lot. This would likely need to occur if the
businesses continued to expand or the gravel surface becomes costly with required
maintenance.
70 stalls = $161,077 _ 2 = $80,538
Special Assessment
Interest Rate
Term
Annual Assessment
$80,538.00
0%
15 years
$ 5,369.20
$80,538.00
4.5%
15 years
$ 7,499.19
Option 2 — Direct Sale of Land to 152 Club and Geez
$80,538.00
6.0%
15 years
$ 8,294.40
M:\Public Data\City Council\Council Packet information\2007\09-17-04\09 04 2007 Planning Downtown Parking Land Trade.doc
Agenda Item No. 6.D.2.
Meeting Date September 17, 2007
Mayor and Council Communication — September 17, 2007
Planning Department Albertville Downtown Parking Standards Land Trade
Page 5 of (p
A second option to be considered would be the direct sale of the land to the 152 Club
and Geez. This would expand the individual lots to address both their business and
parking needs.
The following subdivision design shows the potential subdivision of land that would
accommodate the two businesses and parking for 50+ automobiles. The lot lines are an
extension of the past proposal that create larger individual lines. This option would
require the cooperation of the City and both the two businesses in the exchange of land.
We would anticipate that the land would be all conveyed at the same land value as the
City acquired the land at the railroad. The following land purchases would be
anticipated:
Lot Area Land Costs
Purchase Gross Net
152 Club 54,246 $132,902 - $47,040 $85,862
Geez 22,376 $54,821 $54,821
Option 2 benefits include:
1. This option would increase the size of these two privately owned sites giving the
property owners flexibility in the use of the site or options for future resale or
redevelopment.
2. This option would remove the City from the parking lot businesses construction
and/or maintenance.
3. The property owners would control their own parking lots.
Option 2 disadvantages:
1 The property owners would incur upfront costs for land purchases and parking lot
construction and other site improvements.
Option 3 — Land Lease
In the event that neither Option 1 or 2 is acceptable to the various parties, the City may
entertain a lease agreement with the 152 Club for the land on which the current fence
and volleyball courts are located. The lease would be season -by -season to allow for
the continued operation of the existing outdoor recreation facilities. However, if a
redevelopment opportunity for the City land was deemed appropriate, the City would
terminate the lease to facilitate the redevelopment.
M:\Public Data\City Council\Council Packet information\2007\09-17-04\09 04 2007 Planning Downtown Parking Land Trade.doc
Agenda Item No. 6.D.2.
Meeting Date September 17, 2007
Mayor and Council Communication — September 17, 2007
Planning Department Albertville Downtown Parking Standards Land Trade
Page 6 of 49
The lease rate would be based on the City's average rate of return on investment, which
has been approximately 5 percent. Five percent on City total land acquisition of
$260,000 would be $13,000 annually. However, the City Council may consider
reducing the lease amount to exclude the City parcel north of the 152 Club or just the
land being used by the 152 Club.
CONCLUSION
The aforementioned options are available for discussion with the 152 Club and Geez. It
becomes apparent that all parties must agree to a course of action for the properties.
Each party has both a contribution and responsibility. We must now identify which
option serves both the businesses and the community.
M:\Public Data\City Council\Council Packet infonnation\2007\09-17-04\09 04 2007 Planning Downtown Parking Land Trade.doc
Agenda Item No. 6.D.2.
Meeting Date September 17, 2007
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EXHIBIT
A1bcrtvillie Mayor and Council Communication
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BO LTON R. M E= N K , INC.
Consulting Engineers & Surveyors
7533 Sunwood Drive • Suite 206 • Ramsey, MN 55303
Phone (763) 433-2851 • FAX (763) 427-0833
MEMORANDUM
Date: September 13, 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 September 13, 2007:
1. Flood Mitigation Project
Staff has arranged to meet with the School District and St. Michael to discuss the
potential to purchase wetland credits from the District. As part of the new high
school project, the District constructed more wetlands than required. If the District is
willing to credit Albertville for some of their additional credits, Albertville would not
have to construct or purchase credits elsewhere. It is believed that the purchase of
credits from the School District would satisfy all members of the Technical
Evaluation Panel.
2. 2007 Overlay Protect
With the exception of punchlist items, all major work is complete.
3. Winter Park Improvements Project
Mass grading is complete and the Contractor is scheduled to resume work the week of
September 17th.
4. CSAH 19 Project (57th Street to Albertville Southerly Limits)
Phase II (north bound lanes) is well underway. With the exception of some additional
soil corrections, the project is progressing well. 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 3-4 weeks and installing the signal system in the next 4-5 weeks.
5. 52"d Street Project
Final grading of the project lots is now complete. There is currently useable material
stockpiled on the lot adjacent to Fraser's lot, which will be removed this fall.
Construction of the lift station driveway and placement of the final lift of bituminous
is scheduled for the end of September.
Mayor and Council Communication — September 17, 2007
Engineering Monthly Project Status Update
Page 2 of 2
6. Lachman Avenue Extension
Bids were received and opened on September 1 Ith. Dennis Fehn submitted the low
bid, in the amount of $192,185.95. Staff has met with the Barthel's to discuss the
project its potential assessment and will be sending the Barthel's an assessment
agreement for their review. Staff will present the agreement, bids, and wetland
permit requirements to Council at the lst meeting in October.
7. Phil Morris Lift Station
Contracts and submittals for the project are being finalized and the Contractor has
informed the City of their intent to begin construction the 1st or 2nd week of October.
8. 57th Street Sidewalk Project
Staff is working with the Youngdahl's to come to an agreement regarding the needed
permanent easement.
9. Towne Lakes 4t1', 5' and 6th Addition
Staff is working with the Developer and Contractor to complete all outstanding
punchlist issues.
10. Albertville Market Place
Clearing of the site and grading has begun. At the September 121h pre -construction
meeting the Contractor informed the City that mass grading would commence next
week, with utility work beginning in approximately two weeks. The Developer
anticipates on completing the majority of the site work this fall.
I will be at your October 1st City Council meeting to answer any questions concerning these
and/or other projects taking place in town.
M:\Public Data\City Council\Council Packet information\2007\09-17-04\09 17 2007 Engineering Monthly update.doc
Agenda Item No. 6.E.1.
Meeting Date September 17, 2007
1. � o
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%nc.T�U.64�.ftMWut.. Mayor and Council Communication
September 13, 2007
SUBJECT: 0 Legal - Woodside Communities Karston Cove 3rd Development
Agreement Completion of Time Extension from October 31, 2007 to October 31, 2008.
RECOMMENDATION: It is respectfully requested the Mayor and Council consider approving
Resolution No. 2007-91 extending the deadline for Woodside Communities Karston Cove 3rd
Addition from October 31, 2007 to October 31,2 008 with condition that the wear coarse be
installed on 641h Street and
BACKGROUND: Karston Cove 3rd Addition Development Agreement was approved by the
City on date. On date the City extended the completion until date. Since that time _ number of
units have been completed on the north side of 64th and number of units are planned on the
south side of 64th Street but there are no plans for any further construction this fall due to the lack
of demand for housing units.
KEY ISSUES:
• It is the City Engineers as wells a Public Works recommendation that 64th Street NE have
the final bituminous wear coarse installed by October 1, 2007.
• The Letters of Credit must remain in place through the extension of time.
POLICY CONSIDERATIONS: The City does not have a specific policy on this, but it has
been past practice to evaluate each request for an extension on an individual basis.
FINANCIAL CONSIDERATIONS: There are no direct financial implication to the City for
this Development Agreement Time extension as the Developer pays for all consulting fees
consumed to process the extension.
(INSERT LETTER OF CREDIT INFORMATION HERE) The Developer provided an original
letter of credit in the amount of $ , which as been reduced to $ on _ date. The City
Engineer opinion is that this amount is adequate to insure the completion of the remaining work.
LEGAL CONSIDERATIONS: The City has the legal authority to extend the Deadline on
Development Agreements and place additional requirements if necessary.
Respectfully Submitted
Larry R. Kruse
City Administrator
Department/Responsible Person: Legal/Mike Couri
Attachments: Draft Resolution
Mayor and Council Communication — September 17, 2007
Legal — Woodside Communities (Karston Cove 3rd) Extension
Page 2 of 01
Draft Resolution
CITY OF ALBERTVILLE
COUNTY OF WRIGHT
STATE OF MINNESOTA
RESOLUTION NO. 2007-91
RESOLUTION EXTENDING THE COMPLETION DEADLINE OF WOODSIDE
COMMUNITIES KARSTON COVE 3RD ADDITION FROM OCTOBER 31, 2007 TO
OCTBER 31, 2008 WITH CONDITIONS
WHEREAS, the Woodside Communities has requested the City extend the deadline to complete
Karston Cove 3rd Addition from October 31, 2007 to October 31, 2008; and
WHEREAS, the demand for housing shows a high inventory of available units and a low
demand for new housing units; and
WHEREAS, it is mutually beneficial to all parties to hold off on development south of 64tb
Street, and
WHEREAS, Woodside Communities has agreed to complete the bituminous wear coarse on 64tb
Street, and
NOW, THEREFORE be it resolved by the City Council of the City of Albertville, County of
Wright, State of Minnesota: that the City of Albertville hereby extends the Development
Agreement dated with Woodside Communities as it
pertains to the Karston Cove 3rd Addition from October 31, 2007 to October 31, 2008 with the
following conditions:
• Woodside Communities installs the bituminous wear coarse prior to October 1, 2007.
Adopted by the Albertville City Council this 171h day of September, 2007
Ron Klecker, Mayor
Bridget Miller, City Clerk
MAPublic Data\City Council\Council Packet information\2007\09-17-04\09 17 2007 Woodside Communities Karston Cove 3rd Extension.doc
Agenda Item No. 6.F.1.
Meeting Date September 17, 2007
WOO_DSIDE COMMUNITIES,,,""'
OMMUNITIES "
O F M�1 N N E S O T A I N C
August 30, 2007
City of Albertville
Attn: Larry Kruse
5975 Main Avenue
PO Box 9
Albertville, MN 55301
Re: Extension of Karston Cove 3rd Development Agreement Timeline
Dear Mr. Kruse:
We formally request an extension of the Development Timeline as stated in the
Development Agreement for Karston Cove 3rd Addition.
The current deadline for completion of improvements is October 31, 2007. We are not
able to meet that deadline and ask for an additional year added to the deadline.
We ask to extend the completion deadline to October 31, 2008.
If this item needs City Council action, please let me know and we will plan to attend the
City Council meeting.
If you have addition questions or concerns please feel free to contact me.
Best regards
G;' � fin_....-.C��`� � :------
David Pattlrerg --
Woodside Communities of MN, Inc
763-772-1000
Cc: Dale Wills, Woodside
Michael Couri, Couri & MacArthur
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MEMORANDUM
Date: September 13, 2007
To: City Council
Mayor and Council Communication
From: Larry R. Kruse, City Administrator
Re: General Update
WRIGHT COUNTY SHERIFF'S DEPARTMENT- 24 HOUR NON -OVERLAPPING
COVERAGE
According to Lieutenant Greg Findley, in response to Council concerns regarding the lack of
coverage between 0200 and 0600, beginning September 22nd Wright County will assign three
eight hour cars that do not overlap. There will be a car on duty around the clock in Albertville
from that day forward.
DOWNTOWN PARKING/LAND EXCHANGE
City Planner Brixius and I met with 152 Club owner Deb Holms and Geez owner Curt Gentile
on Wednesday September 12 to review downtown parking options as included in the Council
packet. Curt Gentile has requested another extension until November to complete evaluation of
options and pending Council action. The meeting went very well. We will meet again in early
October to continue discussions after both parties seek advice on the matter.
CITY HALL PLAT AND CITY HALL SOUTH PARKING LOT
A Committee of the Whole is scheduled to meet following Monday's meeting.
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.
52°d STREET NE PROJECT
Fehn' are now completing the Industrial Park Project and installation of the bituminous wear
course.
Mayor and Council Communication — September 17, 2007
City Administrator's Written Report
Page 2 of 5
STORMWATER POND PROJECT
Assistant Engineer Nafstad is working with St. Michael and the Technical Evaluation Panel
(TEP) on a mitigation plan for the inlet to the pond. A few residents are paying off their
assessments in full.
FIELDSTONE ELEMENTARY SCHOOL
Staff has been working with school officials on a pedestrian plan for students to walk to the new
elementary school. Four way stops and crosswalks have been completed on 52nd Street NE and
Kahl Avenue NE.
CSAH 19 SOUTH PROJECT
Construction is on schedule and we have a few people paying off their assessments. Traffic
signals should be installed about mid October.
CSAH 19 NORTH PROJECT
A joint meeting with the City of Otsego to meet with Wright County Commissioners Elmer
Eichelberg and Pat Sawatzke 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. Adam and I will be meeting with the County
Engineer on Wednesday, September 19th to review the feasibility report and seek their support.
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.
I-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. We are regularly in touch with our consulting engineer
and the reed bed supplier monitoring its progress.
M:\Public Data\City Council\Council Packet information\2007\09-17-04\09 04 2007 Administrators Written Report.doc
Agenda Item No. 6.G.1.
Meeting Date September 17, 2007
Mayor and Council Communication — September 17, 2007
City Administrator's Written Report
Page 3 of 5
CITY HALL CONSTRUCTION
The General Contractor has completed all of the remaining punch list items.
M:\Public Data\City Council\Council Packet information\2007\09-17-04\09 04 2007 Administrators Written Report.doc
Agenda Item No. 6.G.1.
Meeting Date September 17, 2007
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ALBERTVILLE CITY COUNCIL
COMMITTEE OF THE WHOLE
AGENDA
SEPTEMBER 17, 2007
Immediately following regular Council meeting
1. CITY HALL SOUTH PARKING LOT/ALBERTVILLE BODY SHOP DISCUSSION
RECOMMENDATION: It is respectfully requested the Mayor and Council discuss six
options on how the City goes forward with negotiating the South Parking lot with Jamie
Stevens. Following a workshop discussion, it is recommended the Council appoint two
Council members to meet with Mr. Stevens.
ADJOURNMENT
MAPublic Data\City Council\2007\Council Workshop Agendas\09-17-2007 Committee of the Whole.doc
A,lbertville
Small Town living. Big City life.
COMMITTEE OF THE WHOLE MEETING
SEPTEMBER 17, 2007
Immediately following Regular Council meeting
SUBJECT: City Hall South Parking lot/Albertville Body Shop
RECOMMENDATION: It is respectfully requested the Mayor and Council discuss six options
on how the City goes forward with negotiating the South Parking lot with Jamie Stevens.
Following a workshop discussion, it is recommended the Council appoint two Council members
to meet with Mr. Stevens.
BACKGROUND: In July of 2007, the City completed purchase of railroad property south of
City Hall. Historically, the Albertville Body Shop used the railroad land along with their 4,294
square foot triangular parcel as their parking lot. In the fall of 2006, the City and Jamie Stevens
reached a consensus to jointly build a 15 car parking lot. Since then Mr. Stevens has another
preferred proposal for the City to consider as follows:
Tuesday, September 11, 2007
Hi Larry, What I was thinking is to sell the lot adjacent to City Hall for $75,000.00, with the
condition that Albertville Body Shop would have an easement per say to park finished
product in a certain number of stalls. I'm not sure if this is far fetched or realistic, but for us,
it would free this piece up off the tax roll, and the city would own and control that whole
piece. Let me know when you might get that meeting set-up.
Thanks, Jamie
Wright County currently has a value of $35,500 on the parcel. County Assessor Tony Rasmuson,
stated the County placed this value on it because of the cross use with the railroad land. Mr.
Rasmuson stated that if the City sodded and landscaped the railroad property and enforced its
parking ordinance, it would very much restrict the use of this parcel. The County would then
have to re-evaluate the market value and might find that the Bettendorf appraisal is indicative of
the property's value. Mr. Rasmuson stated that in the past the previous owner Loren Becker
attended Board of Equalization Hearings requesting the value be reduced because of its size and
irregularity. In conclusion, the County determined its contributing value based on the broader use
of the railroad property as a parking lot contributing to the business.
The following graphic identifies the City swapping land with Jamie Stevens and sliding Jamie's
land to the south.
NlAPublic Data\City Council\2007\Council Workshop Agendas\09-17-2007 Committee of the Whole.doc
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The proposed parking lot would then be constructed partially on Mr. Steven's parcel and on City
newly acquired land.
5 e,rt $taus
MAPublic Data\City Council\2007\Council Workshop Agendas\09-17-2007 Committee of the Whole.doc
3
OPTIONS:
1. Pursue Jamie Stevens' request for the City to purchase his land and construct a parking
lot at a cost of $120,000 plus landscaping the balance of the lot.
2. The City enters into a public/private partnership with Mr. Stevens to construct a 15 stall
parking lot as per the attached agreement. The City would assume responsibility to plat
the new lot configuration, construct a parking lot at an estimated cost of $44,790 and
maintain the said lot. Mr. Stevens would pay approximately one-third of the construction
costs for five stall, on his property or possibly based on the square footage of construction
on his lot.
The City purchases Mr. Stevens parcel and constructs a 15 car parking lot with Mr.
Stevens contributing towards a parking lot fund in lieu of on -site parking. The estimated
construction cost of a parking space would be $3,000 and $5,000 for land for a total of
$8,000 per stall. In this case, Mr. Stevens would sell the parcel for $75,000 and then pay
the City $40,000 for the five stalls or $60,000 for 7.5 stalls depending on the number of
stalls the Albertville Body Shop needs based on the City Planner's recommendation.
4. The City does not participate in a parking lot and landscapes the newly acquired railroad
property. The City Engineer's estimated cost to sod, irrigate and landscape this area is
$10,608. If the City chooses this option, it is recommended that the Public Works
Department completes this work for substantially less.
5. The City purchases the lot from Jamie Stevens and landscapes the entire area south of
City Hall at a cost of $14,820 plus the cost of Mr. Stevens' parcel. Once again the Public
Works could do the landscaping. Total cost would be $90,000.
6. The City leases Mr. Stevens the newly acquired railroad property for a parking lot in an
as is condition. The City paid $68,000 for this parcel and assuming a 5% return on City
investments would be $3,400 per year. It would be reasonable to assume the lease could
be anywhere from $2,000 to $3,400 per year plus property taxes and maintenance.
KEY ISSUES:
• Albertville Body Shop's land next to City Hall has limited development potential by
itself due to its small size, irregular shape and lack of water and sewer utilities. Parking
lot development is limited by a 5 foot parking lot set back and a required 22 foot- 24 foot
drive lane. Any retail use requires one parking stall for every 200 square feet of building.
• The Albertville Body Shop does have available land for all of their parking needs on the
east side of Main Avenue.
• There are no marked pedestrian cross walks between the parking lot and the east side of
the street.
• The City does not have a need for additional City Hall parking, but may want to develop
a public parking area to facilitate the parking needs of the neighborhood.
MAPublic Data\City Council\2007\Council Workshop Agendas\09-17-2007 Committee of the Whole.doc
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• The City's Downtown Parking effort with Geez and the 152 Club currently has them
paying 100% of the cost of their parking project, with the City paying for consulting
efforts to help structure a project. Deviating and subsidizing this project may have other
implications for how we handle other parking projects.
• It should not be an issue now, but during construction of City Hall, Mr. Stevens was not
happy with the City using some of his land for cranes and construction. The General
Contractor was responsible to arrange the use of additional land and they told me they
had it covered. At one point, Tim Guimont asked to spend some time with our equipment
to level gravel on the Albertville Body Shop lot, which the City Administrator agreed to.
Later the City received an $800 plus bill for gravel we did not order. The City paid the
bill and provided the equipment to accommodate displaced parking. I believe Mr. Stevens
was never quite satisfied with whatever arrangements the General Contractor made.
POLICY CONSIDERATIONS:
The City has not in the past participated in any private/public parking lots, however the
ordinance does allow for businesses in the Downtown area to pay into a fund for off -site parking.
FINANCIAL CONSIDERATIONS:
The cost of these various options varies ranging from doing nothing to a $130,000 project. It
appears the least expensive acceptable option would be to have our Public Works grade and
landscape the newly acquired railroad property and not do any further improvements. The other
extreme would be to purchase the lot from Mr. Stevens and construct a parking lot. Funds from
any of these options would come out of the proceeds of the City Hall Bond financing and/or
reserve set aside for the project. Originally, the Council discussed spending $25,000 to $30,000
on this total effort.
LEGAL CONSIDERATIONS:
The City has the authority to enter into real estate agreements that allows for cross easements and
maintenance thereof.
Respectfully Submitted
dl�
Larry R. Kruse
City Administrator
MA\Public Data\City Council\2007\Council Workshop Agendas\09-17-2007 Committee of the Whole.doc
DECLARATION OF CROSS EASEMENTS
This Declaration of Cross Easements (the "Declaration") is made as of
2007, (the "Effective Date") by the City of Albertville, a municipal
corporation organized under the laws of the State of Minnesota ("City") and Jamie L. Stevens
and Krista A. Stevens, husband and wife, (collectively, the "Stevens"). The City and Stevens are
collectively referred to throughout this Declaration as "Declarants."
RECITALS
A. The City is the owner of certain real property located in the City of Albertville, Wright
County, Minnesota legally described on the attached Exhibit A ("City Property"), which
is intended to be a burdened property under this Declaration.
B. Stevens is the owner of certain real property located in the City of Albertville, Wright
County, Minnesota legally described on the attached Exhibit B ("Stevens Property"),
which is intended to be a burdened property under this Declaration.
C. Both the City and Stevens desire to use their respective City Property and Stevens
Property for parking purposes.
D. Declarants desire to declare by this Declaration a non-exclusive right of access for
vehicular ingress and egress to, over, upon and across the City Property and Stevens
Property for Declarants, together with their respective agents, employees, invitees,
successors and assigns; ("Cross Access Purposes").
E. Declarants desire to declare by this Declaration a non-exclusive right of shared vehicular
parking over, upon and across the City Property and Stevens Property for Declarants,
together with their respective agents, employees, invitees, successors and assigns; ("Cross
Parking Purposes").
MA Public Data\City Council\2007\Council Workshop Agendas\09-17-2007 Committee of the Whole.doc
Y-'
NOW, THEREFORE, Declarants declare that the Lots are and shall be held, transferred,
sold, conveyed and occupied subject to the covenants, conditions and restrictions hereinafter set
forth, which covenants, conditions and restrictions shall run with the Lots and shall be binding
upon all parties having any right, title or interest in said land or any part thereof, and their
respective heirs, successors and assigns, and shall inure to the benefit of Declarants:
1. CROSS ACCESS EASEMENT.
A. The City hereby declares that, subject to the terms and conditions of this
Declaration, the City Property is subject to a non-exclusive, perpetual,
appurtenant easement in favor of the property described on the attached Exhibit B
for use by all such property's owners, owner's tenants and its respective agents,
employees, and invitees for vehicular and pedestrian access purposes.
B. Stevens hereby declares that, subject to the terms and conditions of this
Declaration, the Stevens Property is subject to a non-exclusive, perpetual,
appurtenant easement in favor of the property described on the attached Exhibit A
for use by all such property's owners, owner's tenants and its respective agents,
employees, and invitees for vehicular and pedestrian access purposes.
2. CROSS PARKING EASEMENT.
A. The City hereby declares that, subject to the terms and conditions of this
Declaration, the City Property is subject to a non-exclusive, perpetual,
appurtenant easement in favor of the property described on the attached Exhibit A
for use by all such property's owners, owner's tenants and its respective agents,
employees, and invitees for vehicular parking purposes. No vehicle shall be
allowed to be parked on the City Property for more than 24 continuous hours.
B. Stevens hereby declares that, subject to the terms and conditions of this
Declaration, the Stevens Property is subject to a non-exclusive, perpetual,
appurtenant easement in favor of the property described on the attached Exhibit B
for use by all such property's owners, owner's tenants and its respective agents,
employees, and invitees for vehicular parking purposes. No vehicle shall be
allowed to be parked on the Stevens Property for more than 24 continuous hours.
3. MAINTENANCE AND REPAIR OF THE SHARED ACCESS AND SHARED
PARKING EASEMENT AREAS.
A. For a period of 20 years from the date of this Declaration, the owner of the
property described on Exhibit A shall, at its sole expense, maintain the parking lot
located on the City Property and the Stevens Property.
MAPublic Data\City Council\2007\Council Workshop Agendas\09-17-2007 Committee of the Whole.doe
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B. After said 20 year period, the owner of the property described on Exhibit A shall
be responsible for maintaining the City Property at its own expense and the owner
of the property described on Exhibit B shall be responsible for maintaining the
Stevens Property at its own expense.
C. All maintenance required by this Declaration shall include all repairs including,
but not limited to, the repair of any curbs and gutters, landscaping, as well as the
resurfacing, striping, signage, cleaning, clearing, snow and ice removal, general
maintenance, and replacements of or any of the aforementioned, that are
reasonably necessary to maintain the City Property and Stevens Property in a safe
condition and in compliance with all applicable governmental laws and
regulations.
4. REMEDIES UPON FAILURE TO MAINTAIN EASEMENT AREAS. In the event one
of the owners of the benefited property fails to maintain its burdened property in a
commercially reasonable manner as required by this Declaration, the other benefited
property owner may maintain such property and shall be entitled to recover the costs of
such maintenance from the non -performing owner, provided that:
i. The performing owner provides the non -performing owner with 30 days written
notice of the needed maintenance to the burdened property; and
ii. The weather during said 30-day notice period reasonably permits the needed
maintenance to the burdened property to be performed without unusual or
extraordinary cost and effort; and
iii. No such notice shall be required to clear snow and ice from the burdened
properties if such snow or ice is not removed within 24 hours after such snow or
ice accumulation has ceased.
iv. Any costs due to a Declarant under this paragraph shall be paid within 30 days
of mailing of an invoice by the performing owner.
5. INTERFERENCE WITH EASEMENT RIGHTS. Except during necessary construction,
maintenance and repairs to the Shared Easement Area herein created, no Owner shall permit any
activity on their respective burdened properties that may interfere with or obstruct the Cross
Easements created herein.
6. ATTORNEYS' FEES. If any of such Owners reasonably incurs costs in order to enforce
any provision of this Declaration, the prevailing Owner(s) shall be reimbursed by the other(s) for
all reasonable costs so incurred, including reasonable attorneys' fees and costs.
7. RUNNING OF BENEFITS AND BURDENS. All provisions of this Declaration shall
run with the land and shall inure to the benefit of and be binding upon the Lots and the Owners,
and their respective successors and assigns, including any mortgagees or subsequent holders of
mortgages.
MAPublic Data\City Council\2007\Council Workshop Agendas\09-17-2007 Committee of the Whole. doe
8. ENTIRE AGREEMENT AND MODIFICATION. This Declaration may not be altered
or amended except by an agreement in writing signed by the Parties.
9. HEADINGS; EXHIBITS. The headings of sections in this Declaration are for
convenience only; they form no part of this Declaration and shall not affect its interpretation.
The Recitals contained herein, and all schedules, exhibits, addenda or attachments referred to
herein are incorporated in and constitute a part of this Declaration.
10. SEVERABILITY. If any provision of this Declaration is invalid or unenforceable, such
provision shall be deemed to be modified to be within the limits of enforceability or validity, if
feasible; however, if the offending provision cannot be so modified, it shall be stricken and all
other provisions of this Declaration in all other respects shall remain valid and enforceable.
11. CONTROLLING LAW. This Declaration shall be governed by and construed under the
laws of the State of Minnesota.
City of Albertville:
On behalf of the City of Albertville, and pursuant to authority granted by the City Council, we
have signed this Declaration of Easements on the terms and conditions set forth therein:
an
Ron Klecker, Mayor
Bridget Miller, Clerk
Jamie Stevens and Krista Stevens:
Jamie L. Stevens and Krista E. Stevens, husband and wife have signed this Declaration of
Easements on the terms and conditions set forth therein:
Jamie L. Stevens
Krista E. Stevens
MA\Public Data\City Council\2007\Council Workshop Agendas\09-17-2007 Committee of the Whole.doc
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REAL ESTATE TRADE AGREEMENT
THIS AGREEMENT is made by and between City of Albertville, a Minnesota municipal
corporation ("City") and Jamie L. Stevens and Krista A. Stevens, husband and wife ("Stevens").
In consideration of the mutual promises herein, the parties agree as follows
1. Land Trade.
A. Stevens agrees to provide the City with a quit claim deed for that property described on
Exhibit A. The City agrees to provide Stevens with a perpetual ingress, egress and
parking easement over that property described on Exhibit A. Said easement shall be in
the form attached as Exhibit C.
B. The City agrees to provide Stevens with a quit claim deed for that property described on
Exhibit B. Stevens agrees to provide the City with a perpetual ingress, egress and
parking easement over that property described on Exhibit B. Said easement shall be in the
form attached as Exhibit D.
C. The City and Stevens shall execute and record the Declaration of Cross Easements
attached as Exhibit E.
D. The two deeds, the easements and the Declaration of Cross Easements shall be exchanged
simultaneously at closing.
2. Construction of the Parking Lot. The City shall construct a parking lot over the property
described on Exhibits A and B in substantially the configuration as shown on the attached
Exhibit F. The City shall construct such parking lot to City standards within one year of the
exchange of deeds required by this Agreement. Stevens grant permission to the City to begin
construction of said parking lot prior to the closing if the City elects to do so.
3. Payment for Construction of Parking Lot. Upon completion of the construction of the
parking lot as required by paragraph 3 above, Stevens shall pay the City $6,258.98 as Stevens
share of the cost of construction of said parking lot.
4. Maintenance of the Parking Lot. The City shall maintain the drive aisles and parking areas
constructed on the property described on Exhibit B at its sole expense for a period of 20
years from the date of this Agreement. After such time, Stevens shall be responsible for the
maintenance of said parking lot located on the property described on Exhibit B.
5. Title. Within a reasonable time after the execution of this Agreement by both parties, each
party shall deliver to the other an updated title abstract or a commitment for an owner's title
insurance policy issued by a title insurance company licensed to do business in the State of
Minnesota for the property to be deeded to the other party.
6. Title Objections. Each party shall be allowed 10 business days after receipt of the updated
abstract or Commitment and survey to examine them and object to the marketability of the
title to the Real Property. Objections shall be made by written notice or they will be deemed
waived. If one party makes any objections, the other party shall immediately commence and
MAPublic Data\City Council\2007\Council Workshop Agendas\09-17-2007 Committee of the Whole.doc
B
diligently endeavor to complete all actions necessary to cure such objections. Each party
shall be allowed 120 days to cure the objections and make the title to the Real Property good
and marketable of record, subject only to the exceptions listed in the commitment to which
the party did not object. When title is corrected, or the objecting party waives any
outstanding uncorrected objections, Stevens and City shall perform this Agreement according
to its terms.
7. Title Remedies. If the title to the Real Property, as evidenced by the abstract or
Commitment, is not good and marketable of record in the current owner at the Closing Date,
the other party may choose either of these options:
7.1. Elect to accept the title in its unmarketable condition by giving notice to the other party.
7.2. Terminate this Agreement by giving notice to the other party, in which event this
Agreement shall become null and void, and neither party shall be liable for damages to
the other party.
8. Closing. The closing shall take place no later than 90 days from the date of this Agreement.
9. Real Estate Taxes. Real estate taxes shall be prorated between City and Stevens to the date
of closing. Stevens shall pay any back taxes or recaptured taxes which may become due on
the property described on Exhibit B as a result of the transaction contemplated by this
Agreement.
10. Possession. The parties shall deliver possession of the quitclaimed property on the date of
closing.
11. Notices. All documents to be delivered, and all correspondence and notices to be given in
connection with this Agreement, shall be effectively delivered only if they meet all the
following requirements: they shall be in writing, signed by a duly authorized representative
of the party giving the notice, and shall be delivered by hand or by mail to the addresses
below. If notice is given by mail, it shall be given by Certified Mail with delivery signature
required and postage prepaid. A notice given by facsimile transmission or e-mail shall not be
effective. A notice shall be deemed given on the day it is actually received by the intended
recipient. Notices shall be addressed as follows:
If to City: City of Albertville
6031 Main Street
Albertville MN 55373
With a copy to: Mike Couri
Couri & MacArthur
P.O. Box 369
705 Central Ave E
St. Michael, MN 55376
MAPublic Data\City Council\2007\Council Workshop Agendas\09-17-2007 Committee of the Whole. doc
If to Stevens: Jamie Stevens and Krista Stevens
1754 50th Street NE
Buffalo, MN 55313
12. Commissions and Representation. Neither party has retained an agent or broker in
connection with this transaction
13. Complete Agreement. This Agreement, including any Exhibits attached hereto and made a
part hereof, constitutes a final Agreement between the parties and contains their entire
agreement and supersedes all previous understandings and agreements, oral or written,
relative to the subject matter of this Agreement.
14. Time of the Essence. Strict compliance with dates and deadlines is an essential part of this
Agreement. Time is of the essence in the performance of this Agreement.
15. Controlling Law. This Agreement has been made and entered into under the laws of the
State of Minnesota, and said laws shall control the interpretation hereof.
16. Captions and Wording. The paragraph headings or captions appearing in this Agreement
are for convenience only, are not a part of this Agreement, and are not to be considered in
interpreting this Agreement. Words and phrases used in this Agreement shall have their
ordinary and common meaning unless the context indicates otherwise. The word "shall"
means an action is mandatory, while the word "may" means it is optional.
17. Duplicate Originals. This document must be executed in duplicate, both of which shall be
considered an "original" for all purposes. One original copy shall be retained by Stevens and
one original copy shall be retained by City.
18. Signatures.
City of Albertville:
On behalf of the City of Albertville, and pursuant to authority granted by the City Council, we
have signed this Real Estate Trade Agreement on the terms and conditions set forth in this
Agreement:
LOW
an
Ron Klecker, Mayor
Bridget Miller, Clerk
MAPublic Data\City Council\2007\Council Workshop Agendas\09-17-2007 Committee of the Whole.doc
11
Jamie Stevens and Krista Stevens:
Jamie L. Stevens and Krista E. Stevens, husband and wife have signed this Real Estate Trade
Agreement on the terms and conditions set forth in this Agreement:
an
Jamie L. Stevens
Krista E. Stevens
MA\Public Data\City Council\2007\Council Workshop Agendas\09-17-2007 Committee of the Whole.doc
I
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MAPublic Data\City Council\2007\Council Workshop Agendas\09-17-2007 Committee of the Whole.doc
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