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2006-09-18 CC Agenda Packet, A�Ibcrtvilllc &nol,rawn thug. eta CIN Ufa. ALBERTVILLE CITY COUNCIL AGENDA SEPTEMBER 18, 2006 7:00 PM Note: Mark Forbes will be at the new City Hall prior to Monday's City Council meeting to tour the building and answer questions starting at 6:15 p.m. 1. PLEDGE OF ALLEGIANCE 2. CALL TO ORDER — ROLL CALL — ADOPT AGENDA 3. MINUTES A. September 5, 2006 City Council minutes (pgs. 3-12) 4. CITIZEN FORUM — (10 Minute Limit) 5. CONSENT AGENDA A. Approve payment of claims check numbers 023280 to 023335 (pgs. 13-20) B. Approve Bonestroo's recommendation for request for Payment No. 7 for Albertville City Hall Construction to Breitbach Construction in the amount of $269,443.75 (pgs. 21-23) C. Approve 152 Club Request for a Noise Permit for Saturday, October 7, 2006 (pgs. 25-29) D. Approve application for 3.2 Malt Liquor License for the Albertville Lions for a Benefit Dinner to be held at the City -Central Park on Saturday, September 23, 2006 from 5:00 p.m. to 10:00 p.m. E. Set the date of Thursday, November 9, 2006 of the Canvass Board to conduct the results of the 2006 General Election to be held in the Council Chamber at 6:00 p.m. F. Approve the Bolton & Menk, Inc.'s Engineer's Recommendation of Acceptance for Towne Lakes 5th Addition (pg. 31) 6. ACTION ON PULLED CONSENT ITEMS 7. CITY HALL PROJECT A. Approve Bonestroo's Engineer's recommendation for Change Order No. 1 for City Hall Construction in the amount of $26,607 — Presentation by Mark Forbes of Bonestroo (pgs. 33-35) • B. Request for Council Action on the Renewal of the Copier Lease (pg. 37) 8. DEPARTMENT BUSINESS 0 A. Public Works Maintenance Department 1). Wastewater Treatment Plant Report (pg. 39) 2). Request to Hire 2007 Employee four months early due to employee on medical leave. (See Admin Report) B. Building Department 1). August Monthly Permit Update (pgs. 41-42) C. Planning and Zoning 1). none D. Engineering 1). none E. Legal 1). none F. Administration 1). Written Report (pgs. 43-47) 2). Reminder that Council set Monday, September 25, 2006 at 7:00 p.m. for a City Council Workshop to Review Fees (Fee Schedule), Rental of new City Hall Conference Rooms, Council Chamber, Kitchen, etc., lighting on Main Avenue NE, and Rental or Lease of the current City Hall located at 5975 Main Avenue NE 9. ADJOURNMENT • 4 A\1bcrtVi11C SnKka Town uwfita. eta atu Ufa. ALBERTVILLE CITY COUNCIL September 5, 2006 Albertville City Hall 7:00 PM PRESENT: Acting Mayor LeRoy Berning, Council members John Vetsch, Ron Klecker, and Tom Fay, City Attorney Mike Couri, City Planner Al Brixius, City Engineer Mark Kasma, Assistant City Engineer Adam Nafstad, Finance Director Tina Lannes, Public Works Supervisor Tim Guimont, City Administrator Larry Kruse, and City Clerk Bridget Miller ABSENT: Mayor Don Peterson Acting Mayor Berning called the Albertville City Council meeting to order at 7:00 p.m. followed by the Pledge of Allegiance. is ADOPT AGENDA MOTION BY Council member Klecker, seconded by Council member Fay to approve the agenda as amended and on file in the office of the City Clerk. Motion carried unanimously. Adding the following: 7. B. 6. Request for Council Action to Accept the Low Bid from S & T Office Products for the Furniture for the new City Hall 7. E. 2. Albertville Plaza Addition — Amendment to the Developer's Agreement 7. F. 5. Irrigation System for the City Hall site (discussion item) 7. F. 2. Proposed 2007 Fee Schedule to be included with the discussion at the City Council Workshop Removing the following: 7. B. 5. Proposed 2007 Fee Schedule (discussion item) MINUTES MOTION BY Council member Fay, seconded by Council member Klecker to approve the August 9, 2006 City Council Budget Workshop as presented and on file in the office of the City Clerk. Motion carried unanimously. s MOTION BY Council member Klecker, seconded by Council member Vetsch to approve the August 21, 2006 regular City Council minutes as amended and on file in the office of the City Clerk. Motion carried unanimously. Previously Read: MOTION BY Mayor Peterson, seconded by Council member Vetsch to approve our contractor to do some additional building pad corrections prior to entering into a Purchase Agreement with Fraser Steel. Motion carried unanimously. Amended to Read: MOTION BY Mayor Peterson, seconded by Council member Vetsch to approve based on our contractor to do some additional building pad corrections prior to entering into a Purchase Agreement with Fraser Steel. Motion carried unanimously. CITIZEN FORUM Acting Mayor Berning asked if there was anyone present that wanted to speak to the Council regarding an issue that is not on the agenda. Tom Kohmetscher of Cedar Creek South 6th Addition inquired whether the Council would consider amending the Cedar Creek Developer's Agreement. According to the Cedar Creek Townhouse Association By-laws there is to be an Insurance Agreement relating to the exterior structure of the detached homes within the Cedar Creek South 61h Addition. Following the completion and Certificate of Occupancy each owner of the townhome has obtained Homeowners Insurance, which for the most part would cover the exterior materials of the home. The question Mr. Kohmetscher had was if the Insurance portion of the Developer's Agreement could be removed from the agreement. City Attorney Couri reported that according to the Cedar Creek 6th Developer's Agreement it states that the Townhouse Association is responsible for maintaining the exterior portion of the homes within the development, which would also include the lawns and snow removal. This language was put in place to ensure the detached townhomes are kept in reputable or good condition. City Attorney Couri reported the one solution to possibly consider would be to have the Townhouse Association amend their By -Laws to list the Homeowner's Association on the individual owner's Insurance Policy. Council tabled the potential amendment to the Cedar Creek 6th Addition Developer's Agreement until a future Council meeting to allow time for City Attorney Couri and the Association to work on the proper language for the By -Laws or Developer's Agreement. • E CONSENT AGENDA MOTION BY Council member Vetsch, seconded by Council member Klecker to approve the consent agenda pulling E. Motion carried unanimously. A. Approve payment of claims check numbers 023237 to 023273 B. Approve S.E.H. Engineer's recommendation for Application for Payment No. 5 (Final) for CSAH 37 Trail Construction to Omann Brothers, Inc. in the amount of $19,086.79 C. Set Monday, December 4, 2006 at 6:00 p.m. as the 2007 Truth -In -Taxation Hearing and, if necessary, reconvene on Monday, December 18, 2006 at 6:00 p.m. D. Approve Bolton & Menk, Inc. Engineer's recommendation for Application for Payment No. 4 and Final for Hunter's Pass Lift Station to CCS Contracting in the amount of $15,688 E. Approve Bolton & Menk, Inc. Engineer's recommendation to release the Letter of Credit for Kollville 2nd Addition in the amount of $12,500 F. Approve Bolton & Menk, Inc. Engineer's recommendation to reduce the Letter of Credit for Towne Lakes 0' Addition from $200,000 to $52,000 G. Approve Bolton & Menk, Inc. Engineer's recommendation to reduce the Letter of Credit for Shoppes at Prairie Run from $101,876 to $52,500 ACTION ON PULLED CONSENT ITEMS Kollville 2" Addition in the amount of $12,500 Council inquired as to what portion of the Kollville Estates the Letter of Credit applies to. Staff reported that the Release of the Letter of Credit applies towards the attached townhomes located on 64th Lane NE within Albertville. MOTION BY Acting Mayor Berning, seconded by Council member Klecker to approve Bolton & Menk, Inc. Engineer's recommendation to Release the Letter of Credit for Kollville 2nd Addition in the amount of $12,500. Motion carried unanimously. DEPARTMENT BUSINESS PUBLIC WORKS DEPARTMENT Request for Council Action to Repair the Central Park Shelter and Gazebo PW Supervisor Guimont reported that the city received $15,771.24 from the insurance company for the 2005 storm damage. Staff used funds to repair some of the areas, which deemed the need. Staff did not repair other areas, which did not require as much attention. The balance of the insurance funds was $8,931.24, which staff recommends using towards the repairs towards the City's Central Park Shelter and Gazebo. In addition to the repairs, staff is inquiring Council approval to build a 20" x 39" open addition to the west side of the Central Park Shelter. The Knights of Columbus has previously donated $5,000 towards this project and anticipates donating an additional $10,000 in 2007. • 5 Council directed staff to present a detailed report from the Insurance Agent as to how the amount of $15,771.24 was calculated and what areas were reported as damaged. 0 PW Supervisor Guimont reported that Building Official Sutherland went with the Insurance Adjuster around Albertville to document the areas that were damaged. PW Supervisor Guimont would obtain the report from the Building Official and to present it at a future Council meeting. MOTION BY Council member Fay, seconded by Council member Vetsch to approve the Repair to the City's Central Park Shelter and Gazebo using the funds from the $12,900 Storm Damage Insurance monies and $3,968.76 from the Park Building funds for a total cost not to exceed $15,771.24 with City staff reporting on the details of the Insurance Adjuster's figures and move to approve a 20" x 39" open addition on the west side of the Central Park Shelter with funds of $5,000 donated from the Knights of Columbus towards this project and anticipating an additional donation of $10,000 in 2007. Motion carried unanimously. Monthly Report PW Supervisor Guimont stated that staff has been repairing sidewalks on the west side of Main Avenue NE just south of 57t' Street NE. The curb repair and overlay project are both underway. PW Supervisor Guimont informed the Council that staff has been spending a considerable amount of time this summer inspecting lawns throughout Albertville. Staff is recommending amending the Ordinance pertaining to the height of the weeds and or grass from twelve inches to • six inches for vacant lots. The twelve inch appears to be appropriate for developed lots, on which a house has been constructed. On vacant lots within a development it seems to be unattractive to allow the weeds or grass to grow to a height of twelve inches. Staff is looking for Council direction to amend the 2005 Albertville Municipal City Code pertaining to the height of weeds and or grass for vacant lots within Albertville. No action from Council was taken at this time. FINANCE DEPARTMENT Accounts Receivable Status Update and Project Status Update Finance Director Lannes reported briefly on the Accounts Receivable and Project Status Update. Staff noted that the STMA School District had been contacted regarding the status of payment. STMA School District reported that a payment would be forthcoming in the mail. Staff asked if Council had any questions or concerns pertaining to the information that was included in the Council packet. There were no comments from the Council. Council's Request for Research — Prairie Run Sod Requirements Finance Director Lannes stated that per Council's request, staff has conducted research pertaining to the sod issue within the Prairie Run Development. Staff found that the City of Cel • Albertville requires, in the building permit stage, an "as -built" survey that must be submitted prior to the City's approval to releasing a Temporary Certificate of Occupancy. The builder would submit the "as -built" along with a landscape escrow payment to obtain the Temporary Certificate of Occupancy. The particular property Council is inquiring about has not submitted an "as -built" survey as of August 25, 2006. Council directed staff to conduct additional research pertaining to outstanding sod and tree escrows on file and monitor the length of time allowed to install the sod and trees after the Temporary Certificate of Occupancy has been released to the builder and or property owner. Council's Request for Research — Central Park Shelter Rental Procedure Finance Director Lannes reported that according to Council's request, staff has researched the issue with reserving the City -Central Park Shelter within Albertville. Since the resignation of City staff and FYCC staff, there has been some confusion as to who is in charge of the reservation process. Staff has contacted Sandy Greninger, FYCC Coordinator and brought it to her attention regarding the Council's concern with the reservation process. Staff is looking for Council's direction on how to proceed from here regarding the procedure relating to the City -Central Park Shelter Rental. MOTION BY Council member Fay, seconded by Council member Klecker to accept the Finance Director Lannes' report on the City -Central Park Shelter Rental Procedures and directed staff to work with Sandy Greninger to work on the details of the City -Central Park Rental Procedures and collection of fees. Council noted that the taxpayers should receive priority over ball games that are scheduled. Motion carried unanimously. Request for Council Action to Accent the Low Bid from S & T Office Products for the Furniture for the new City Hall Finance Director Lannes stated that staff advertised for bids with the two low bids coming from S & T Office Products and Marco. Staff is requesting Council to accept the Low Bid of $63,284.00 from S & T Office Products for the Furniture for the new City Hall. MOTION BY Council member Klecker, seconded by Council member Vetsch to accept the Low Bid of $63,284.00 from S & T Office Products for the Furniture for the new City Hall going with the low -back Council chairs. Motion carried unanimously. PLANNING AND ZONING JLC Properties of Rochester. LLLP for Site and Building Plan Review for a Perkins Restaurant at Shoppes at Towne Lakes Two City Planner Brixius informed the Council that GLT Architects and JLC Properties has applied for a Site and Building Plan Review for a new Perkins Restaurant and Bakery to be located within the Shoppes at Towne Lakes Phase 2 Development. Following the Planning and Zoning . Commission meeting of August 8, 2006 the applicant has submitted revised plans, which were in response to the conditions of approval from the Planning and Zoning Commission. 7 The revisions include a parking lot landscaping, which is increased, as is landscaping provided on the site perimeter near Laketowne Drive NE. The building design facing the traffic circle is improved per conditions of the Planning and Zoning Commission, and meets the 20% stone and brick requirement of the Planned Unit Development (PUD). The truck circulation has improved as well, with additional space for deliveries and smoother circulation. An additional pedestrian walkway is incorporated into the revised plan. The lighting plan demonstrates improvements with the revised plan, which will match the Shoppes at Towne Lakes One and will provide even light across the parking lot. Resolution No. 2006-xx entitled a Resolution Approving Site and Building Plan Review for Perkins Restaurant and Bakery Located at the Shoppes at Towne Lakes Two located at CSAH 19 and Laketowne Drive NE in the City of Albertville has been included in the packet for Council's approval. Within the resolution is listed the Findings of Fact based on review of the evidence received. There will be a cross easement for parking between Perkins and any future businesses within the development. Council inquired from the applicant the hours of operation for the business. The applicant replied the hours of business are 6:00 a.m. to 12:00 midnight. MOTION BY Council member Klecker, seconded by Council member Vetsch to approve Resolution No. 2006-46 entitled a Resolution Approving Site and Building Plan Review for Perkins Restaurant and Bakery located at the Shoppes at Towne Lakes Phase Two Development, which is located at CSAH 19 and Laketowne Drive NE in the City of Albertville. Motion carried unanimously. ENGINEERING 2006 Seal Coat Improvements Assistant City Engineer Nafstad stated that staff advertised and received bids for the 2006 Seal Coat Improvements. Four bids were received with the low bid for $24,053.70 submitted by Pearson Bros. Inc. Staff recommends awarding the 2006 Seal Coat Bid to Pearson Bros. Inc. in the amount not to exceed $24,053.70. MOTION BY Council member Vetsch, seconded by Council member Fay to award the 2006 Seal Coat Improvement Bid to Pearson Bros. Inc. at a cost not to exceed $24,053.70. Motion carried unanimously. School Zone Speed Limit Request Assistant City Engineer Nafstad informed the Council regarding the request for the School Zone Speed Limit. In order to implement the request, a Traffic Investigation, which would consist of a • "school route plan' and a `school hazard investigation', would need to be completed. 50th Street • NE is currently a city street, but Wright County has designated this section of roadway for jurisdiction in 2007. Also taking into consideration that the students currently attending the facility, will transfer to the new High School in 2007 and the facility will change to a Junior High School. It would be premature for an engineering and traffic investigation to calculate numbers and groups of walking students that will be attending the facility in 2007-2008 school year. At this time, staff is not recommending the establishment of School Zone Speed Limit signage to be located on 50th Street NE within the Albertville city limits. Assistant City Engineer Nafstad reported that the Albertville Primary School is currently a two- lane city street with a 30 MPH speed limit. A traffic counts study was conducted in Spring 2006 reporting that there was a 5,400 volume of traffic for the area. Staff has discussed the issue with the Albertville Primary Principal, who stated that adult crossing guards protection is implemented for the kindergarten and 1" Grader students that cross Main Avenue NE. Do take into consideration with the growth in Albertville, this facility will change re -locating the I" grade students in 2007. • Council directed staff to conduct additional research as to whether other surrounding communities have proper signage at elementary or school sites and to report back at a future meeting. CSAH 19 Speed Request Assistant City Engineer Nafstad stated that staff has reviewed the Council's request for a speed zone study for CSAH 19 south of CSAH 37. Staff has prepared a report, which is included in the Council packet for their review and recommendation. MOTION BY Council member Klecker, seconded by Council member Fay to accept the Bolton & Menk, Inc. Engineer's report on the CSAH 19 Speed Study with staff to conduct a new speed zone study upon completion of the County project of CSAH 19. Motion carried unanimously. Stop Sign at West Laketowne Drive NE Request Assistant City Engineer Nafstad reminded the Council that at the August 7, 2006 Council meeting a resident requested a stop sign to be placed on West Laketowne Drive NE within a Towne Lakes Development. Staff has reviewed the traffic and intersections along West Laketowne Drive NE in Albertville. Staff does not recommend the additional stop sign to be installed along West Laketowne Drive NE at this time. MOTION BY Council member Fay, seconded by Council member Vetsch to accept the Bolton & Menk, Inc. Engineer's report regarding a resident's request for a stop sign on West Laketowne Drive NE. Motion carried unanimously. E • LEGAL Amended Albertville Medical Clinic Developer's Agreement City Attorney Couri reviewed the Amended Albertville Medical Clinic Developer's Agreement, which a recent revision was handed out at the September 5, 2006 City Council meeting. City Attorney Couri touched briefly on the revisions that were made of which some were made on pages 3, 4, 5, 6, 7, 9, and 19 of the Developer's Agreement that was presented at the Council meeting and is on file in the office of the City Attorney. MOTION BY Council member Vetsch, seconded by Council member Klecker to approve the Amended Albertville Medical Clinic Developer's Agreements as on file in the office of the City Attorney. Motion carried unanimously. Amended Albertville Medical Clinic Developer's Agreement City Attorney Couri reviewed the second portion of the Amended Albertville Medical Clinic Developer's Agreement, which a recent revision was handed out at the September 5, 2006 City Council meeting. City Attorney Couri touched briefly on the revisions that were made of which some were made on pages 3, 4, 5, 6, 7, 9, 12, and 14 of the Developer's Agreement that was presented at the Council meeting and is on file in the office of the City Attorney. is MOTION BY Council member Vetsch, seconded by Council member Fay to approve the Amended Albertville Medical Clinic Developer's Agreements as on file in the office of the City Attorney. Motion carried unanimously. Amendment to Maintenance Agreement for Albertville Plaza Development City Attorney Couri noted that handed out this evening is an Amendment to the Maintenance Agreement for the Albertville Plaza Addition within the City of Albertville. In the Albertville Plaza Development there is a Maintenance Agreement that has a lot known as Outlot A. At the August 21, 2006, the City Council approved "Albertville Plaza Second Addition", which was Outlot A on the Albertville Plaza Addition. Since the approval the parties desire to modify the Maintenance Agreement pursuant to this written instrument that will be recorded with the Albertville Plaza Second Addition. MOTION BY Council member Klecker, seconded by Acting Mayor to approve the Amendment to the Maintenance Agreement for Albertville Plaza Addition as presented and on file in the office of the City Attorney. Motion carried unanimously. • 10 CITY ADMINISTRATOR Residential Tree Houses (discussion item) Staff reported that is was brought to their attention that a play structure was constructed, which was placed on stilts and placed within a drainage easement. According to the 2005 Albertville Municipal City Code — Zoning Ordinance it is in violation of the setbacks with the exception that it meets the remaining zoning ordinance of a structure less than 120 square feet. In addition to the play structure, staff has noted that there is an additional shed less than 120 square feet on the lot. It is staff s recommendation that the owner apply for a variance to bring the structure into compliance with the 2005 Albertville Municipal City Code — Zoning Ordinance setbacks. Council has directed staff to report back at a future Council meeting as to what the status of the structure is. Set City Council Workshop Date City Administrator Kruse asked Council to set a date in September for a Workshop to discuss fees and goals. Council set Monday, September 25, 2006 at 7:00 p.m. as the next scheduled Council Workshop. . Topics for discussion at the meeting to include: Review Fees (Fee Schedule), Rental of new City Hall Conference Rooms, Council Chamber, Kitchen, etc., lighting on Main Avenue NE, and Rental or Lease of the current City Hall located at 5975 Main Avenue NE. Dedication Plaque for new City Hall City Administrator Kruse stated that a design of a plaque has been included in the packet for Council consideration to be mounted on or within the new City Hall building. City Administrator Kruse will report on a cost estimate at the September 18, 2006 Council meeting. Request for Council Action to Accept the Audio Visual Equipment Base Bid Dlus Alternate No. 2 for one conference room at City Hall City Administrator Kruse reported that staff has advertised and received bids for the Audio Visual Equipment for the new City Hall. Staff is recommending awarding the low bid from Dascom in the amount of $112,552. MOTION BY Acting Mayor Berning, seconded by Council member Klecker to accept the low bid from Dascom for the Audio Visual Equipment Base Bid plus Alternate No. 2 for one Conference Room at City Hall eliminating two (2) LCD monitors for staff in the Council Chamber at a cost of $112,552, in which staff will work with the bidder to reduce the cost by • $1,000. Motion carried unanimously. 11 Perkins Restaurant and Bakery 0 Council member Fay commented regarding Perkins request for Council to consider a reduction in Water Access Charges (WAC) and Sewer Access Charges (SAC). Council member Fay addressed the Council to make a motion should Perkins ask to have the WAC and SAC fees be assessed to their property. Staff informed Council that Perkins would be committed to paying the Joint Powers Water Board portion of the WAC fees and could potentially assess the City's portion of the SAC fees over a 5- year time frame. MOTION BY Council member Vetsch, seconded by Council member Fay to allow Perkins Restaurant and Bakery to assess the SAC fees over a 5-year time frame ONLY contingent on the fact that should Perkins bring up the request to assess the fees. Motion carried unanimously. ADJOURNMENT MOTION BY Council member Klecker, seconded by Council member Fay to adjourn at 9:35 p.m. Motion carried unanimously. • • 12 �A�Ibcrtvillc f 10100 Premier Bank Paid Chk# 023280 9/18/2006 AFLAC G 101-21710 Other Deducations City of Albertville Check Detail Register September 18, 2006 Check Amt Invoice Comment $16.16 419694 AFLAC Insurance Prem Total AFLAC $16.16 Paid Chk# 023281 9/18/2006 ALBERTVILLE FIRE RELIEF ASSOC. E 101-42050-437 Misc. Donations $75.00 donation acct PKD foundation Total ALBERTVILLE FIRE RELIEF ASSOC. $75.00 Paid Chk# 023282 9/18/2006 ALPINE HOMES G 101-22800 Landscaping Escrow $2,750.00 Refund Escrow 6182 Karman Ave G 101-22800 Landscaping Escrow $2,750.00 Refund Escrow 10578 62nd St G 101-22800 Landscaping Escrow $2,750.00 Refund Escrow 6144 Karmen Ave Total ALPINE HOMES $8,250.00 • Paid Chk# 023283 9/18/2006 ARAMARK UNIFORM SERVICES E 101-41940-405 Repair/Maint - Buildings $1.56 LPC chg E 101-45100-417 Uniform Rentals $16.26 629-6007382 Uniform Sery - Parks Dept E 602-49400-417 Uniform Rentals $10.84 629-6007382 Uniform Sery - Water Dept E 101-43100-417 Uniform Rentals $16.26 629-6007382 Uniform Sery - PW Dept. E 601-49450-417 Uniform Rentals $10.84 629-6007382 Uniform Sery - Sewage Dept. E 602-49400-417 Uniform Rentals $10.02 629-6027608 Uniform Sery - Water Dept E 101-45100-417 Uniform Rentals $15.01 629-6027608 Uniform Sery - Parks Dept E 601-49450-417 Uniform Rentals $10.02 629-6027608 Uniform Sery - Sewage Dept. E 101-43100-417 Uniform Rentals $15.03 629-6027608 Uniform Sery - PW Dept. E 601-49450-417 Uniform Rentals $9.98 629-6032614 Uniform Sery - Sewage Dept. E 101-45100-417 Uniform Rentals $15.00 629-6032614 Uniform Sery - Parks Dept E 101-43100-417 Uniform Rentals $14.97 629-6032614 Uniform Sery - PW Dept. E 602-49400-417 Uniform Rentals $9.98 629-6032614 Uniform Sery - Water Dept E 101-41940-405 Repair/Maint - Buildings $27.69 629-6032615 CH mats E 101-45100-417 Uniform Rentals $20.78 629-6037678 Uniform Sery - Parks Dept E 101-43100-417 Uniform Rentals $20.77 629-6037678 Uniform Sery - PW Dept. E 601-49450-417 Uniform Rentals $13.85 629-6037678 Uniform Sery - Sewage Dept. E 602-49400-417 Uniform Rentals $13.85 629-6037678 Uniform Sery - Water Dept E 101-43100-417 Uniform Rentals $15.96 629-6042767 Uniform Sery - PW Dept. E 101-45100-417 Uniform Rentals $15.98 629-6042767 Uniform Sery - Parks Dept E 602-49400-417 Uniform Rentals $10.64 629-6042767 Uniform Sery - Water Dept E 601-49450-417 Uniform Rentals $10.64 629-6042767 Uniform Sery - Sewage Dept. E 101-41940-405 Repair/Maint - Buildings $27.69 629-6042768 CH mats E 601-49450-417 Uniform Rentals $9.98 629-6047718 Uniform Sery - Sewage Dept. E 602-49400-417 Uniform Rentals $9.98 629-6047718 Uniform Sery - Water Dept E 101-43100-417 Uniform Rentals $14.97 629-6047718 Uniform Sery - PW Dept. E 101-45100-417 Uniform Rentals $15.00 629-6047718 Uniform Sery - Parks Dept E 101-45100-417 Uniform Rentals $15.77 629-6052674 Uniform Sery - Parks Dept E 601-49450-417 Uniform Rentals $10.52 629-6052674 Uniform Sery - Sewage Dept. E 602-49400-417 Uniform Rentals $10.52 629-6052674 Uniform Sery - Water Dept E 101-43100-417 Uniform Rentals $15.78 629-6052674 Uniform Sery - PW Dept. • E 101-41940-405 Repair/Maint - Buildings $27.69 629-6052675 CH mats Total ARAMARK UNIFORM SERVICES $463.83 13 10100 Premier Bank Check Amt Invoice Comment • Paid Chk# 023284 9/18/2006 BOLTON & MENK, INC E 101-41700-303 Engineering Fees $540.50 96811 Railroad ALTA Survey E 101-41710-303 Engineering Fees $5,950.00 97177 LeBeaux Station E 101-41710-303 Engineering Fees $2,730.00 97178 Hunters Pass E 101-41710-303 Engineering Fees $378.00 97181 Outlet Mall E 101-41700-303 Engineering Fees $210.00 97181 STMA School E 101-41710-303 Engineering Fees $336.00 97181 Staff meetings E 101-41700-303 Engineering Fees $126.00 97181 Grading Permit E 101-41710-303 Engineering Fees $84.00 97181 Kollville 3rd E 101-41710-303 Engineering Fees $84.00 97181 Fraser Steel E 101-41710-303 Engineering Fees $70.00 97181 Towne Lakes 3rd E 101-41700-303 Engineering Fees $135.00 97181 Railroad ALTA E 101-41710-303 Engineering Fees $364.00 97181 Kollville 2nd E 604-49660-300 Professional Srvs (GENERAL) $378.00 97181 Drainage issues E 101-41710-303 Engineering Fees $3,360.00 97182 Towne Lakes 6th E 101-42400-303 Engineering Fees $1,125.00 97183 Lot Surveys E 468-49000-303 Engineering Fees $1,407.00 97184 1-94 Study E 482-49300-303 Engineering Fees $1,547.00 97185 City Hall E 101-41710-303 Engineering Fees $1,272.00 97186 Phil Morris Prop E 494-49000-303 Engineering Fees $706.50 97187 CSAH 19 &n 50th St E 473-49000-303 Engineering Fees $1,152.00 97188 Prairie Run E 101-41710-303 Engineering Fees $1,211.00 97189 State Bank of Long Lake E 604-49660-300 Professional Srvs (GENERAL) $462.00 97190 Wetland Mitigation Barthel E 101-41710-303 Engineering Fees $420.00 97200 Albertville Clinic E 101-43100-224 Street Overlayment $1,198.00 97201 06 Overlay project E 101-43100-223 Seal Coating $168.00 97202 06 Sealcoat project E 101-41710-303 Engineering Fees $393.50 97204 Outlet Mall Ped crossing E 101-41710-303 Engineering Fees $42.00 97205 Intex E 101-41710-303 Engineering Fees $486.00 97206 Eull Concrete E 101-41710-303 Engineering Fees $2,197.50 97208 Plaza 2nd E 101-41710-303 Engineering Fees $1,995.00 97209 Towne Lakes 5th Total BOLTON & MENK, INC $30,528.00 Paid Chk# 023285 9/18/2006 BRAUN INTERTEC CORP E 482-49300-300 Professional Srvs (GENERAL) $4,532.60 265552 CH Wtr line Corrective action E 482-49300-300 Professional Srvs (GENERAL) $1,025.50 265808 CH Wtr line Corrective action Total BRAUN INTERTEC CORP $5,558.10 Paid Chk# 023286 9/18/2006 BREITBACH CONSTRUCTION CO E 482-49300-300 Professional Srvs (GENERAL) $269,443.75 Pmt # 7 CH Total BREITBACH CONSTRUCTION CO $269,443.75 Paid Chk# 023287 9/18/2006 CARQUEST E 101-43100-404 Repair/Maint- $184.40 D11511 Remfg alternator E 601-49450-210 Operating Supplies $10.22 D11647 battery, mirror E 101-45100-404 Repair/Maint - $6.83 D11907 Oil filter E 101-45100-404 Repair/Maint - $72.33 D12185 oil filters E 101-45100-404 Repair/Maint - $90.56 D12187 brk clnr, m/c chain lube, trac E 601-49450-210 Operating Supplies $1.92 D12227 fuse E 101-45100-404 Repair/Maint - $58.43 D12252 gear oil, oil filter E 101-45100-404 Repair/Maint - $43.65 D12254 oil filter E 101-43100-404 Repair/Maint - ($63.65) D12323 credit returns E 101-43100-215 Shop Supplies $29.93 D12832 hitmp grease Total CARQUEST $434.62 is 14 • • Check Amt Invoice Comment 10100 Premier Bank Paid Chk# 023288 9/18/2006 CENTERPOINT ENERGY E 601-49450-383 Gas Utilities E 101-43100-383 Gas Utilities E 101-41940-383 Gas Utilities E 101-45100-383 Gas Utilities E 101-42400-383 Gas Utilities E 101-42000-383 Gas Utilities Total CENTERPOINT ENERGY Paid Chk# 023289 9/18/2006 COOPER, ANGEL R 602-00000-99999 UNALLOCATED UTILITY Total COOPER, ANGEL Paid Chk# 023290 9/18/2006 CROW RIVER NEWS NORTH E 101-41100-351 Legal Notices Publishing E 101-41100-351 Legal Notices Publishing E 101-41100-351 Legal Notices Publishing E 101-41100-351 Legal Notices Publishing E 101-41100-351 Legal Notices Publishing E 101-41100-351 Legal Notices Publishing E 101-41100-351 Legal Notices Publishing E 101-41100-351 Legal Notices Publishing Total CROW RIVER NEWS NORTH Paid Chk# 023291 9/18/2006 DEHNS LANDSCAPING E 601-49450-210 Operating Supplies Total DEHNS LANDSCAPING $32.78 54075742080 6440 Maciver $45.65 54214424080 6461 Maciver $17.96 80000144255 5975 Main Ave $7.06 80000144255 5801 Lander Ave $22.03 80000144255 5954 Main Ave $20.13 80000144255 11350 57th St $145.61 $54.54 reimb overpmt UB $54.54 $104.71 644953 LEG Environmental assmt $37.43 647356 LEG TIF $200.68 647357 LEG Audit $190.50 647359 LEG Audit $93.18 649400 LEG Election Filing $50.53 649596 LEG Ord 2006-11 $59.10 649597 LEG Ord 2006-12 $61.56 652398 LEG CH Bids AV $797.69 $72.00 edging strips $72.00 Paid Chk# 023292 9/18/2006 DJ'S TOTAL HOME CARE CENTER E 601-49450-580 Other Equipment $255.58 14738 refrigator, bulb incan E 101-43100-400 Repair/Maint - Paved Rd $32.97 14821 paint thinner, trash bags, rol E 101-45100-210 Operating Supplies $29.79 14823 trash can, drum liner E 601-49450-210 Operating Supplies $25.25 14862 spray paint, grease, soap, tap E 601-49450-210 Operating Supplies $2.94 14906 o rings E 601-49450-210 Operating Supplies $17.00 14925 spray paint E 101-45100-210 Operating Supplies $30.56 14969 gloves, chain, padlock E 101-43100-400 Repair/Maint - Paved Rd $6.38 15033 rollers E 101-41940-405 Repair/Maint - Buildings $47.89 15044 bulb hiprss, bulb rghser E 101-41940-405 Repair/Maint - Buildings $19.15 15047 bulb rghser, pushbroom E 601-49450-210 Operating Supplies $76.29 15059 spray paint, bushings, couples E 101-43100-215 Shop Supplies $21.65 15088 bolts, drum liner E 101-43100-405 Repair/Maint - Buildings $67.50 15182 bathroom tissue, ppr twl E 101-45100-210 Operating Supplies $15.96 15290 bug-b-gone E 101-45100-530 Improvements $24.22 15333 concrete E 101-45100-210 Operating Supplies $24.45 15343 Spray paint, Trash bags, E 101-43100-226 Sign Repair Materials $11.16 15367 rags, vocoilenm E 101-43100-215 Shop Supplies $11.70 15457 level Total DJ'S TOTAL HOME CARE CENTER $720.44 Paid Chk# 023293 9/18/2006 DON'S AUTO & REPAIR E 101-45100-212 Motor Fuels $82.27 42302 fuel Total DON'S AUTO & REPAIR $82.27 15 10100 Premier Bank Check Amt Invoice Comment • Paid Chk# 023294 9/18/2006 EGGEN'S DIRECT SERVICE, INC. E 101-45100-212 Motor Fuels $2.68 111114 fuel E 101-43100-212 Motor Fuels $10.00 111117 fuel E 101-43100-212 Motor Fuels $74.00 111119 fuel E 601-49450-212 Motor Fuels $105.44 111125 fuel E 101-43100-212 Motor Fuels $12.50 111128 fuel E 101-43100-212 Motor Fuels $74.80 111129 fuel E 601-49450-212 Motor Fuels $60.00 111131 fuel E 101-45100-212 Motor Fuels $82.90 111137 fuel E 602-49400-212 Motor Fuels $55.65 111147 fuel E 602-49400-212 Motor Fuels $68.00 111148 fuel E 601-49450-212 Motor Fuels $49.47 120002 fuel E 101-42400-212 Motor Fuels $91.25 120003 fuel E 601-49450-212 Motor Fuels $42.00 120004 fuel E 101-45100-212 Motor Fuels $10.00 120006 fuel E 601-49450-212 Motor Fuels $50.00 120007 fuel E 601-49450-212 Motor Fuels $109.11 120008 fuel E 601-49450-212 Motor Fuels $37.00 120009 fuel E 601-49450-212 Motor Fuels $33.69 120012 fuel E 101-43100-212 Motor Fuels $78.89 120015 fuel E 602-49400-212 Motor Fuels $62.00 120016 fuel E 602-49400-212 Motor Fuels $83.07 120024 fuel E 601-49450-212 Motor Fuels $75.59 120026 fuel E 101-43100-212 Motor Fuels $92.35 120028 fuel Total EGGEN'S DIRECT SERVICE, INC. $1,360.39 Paid Chk# 023295 9/18/2006 ELECTION SYSTEMS & SOFTWARE E 101-41410-300 Professional Srvs (GENERAL) $26.63 605799 election privacy screen Total ELECTION SYSTEMS & SOFTWARE $26.63 Paid Chk# 023296 9/18/2006 ELERT & ASSOCIATES E 482-49300-300 Professional Srvs (GENERAL) $3,525.00 154814 City Hall Phones E 482-49300-300 Professional Srvs (GENERAL) $1,045.55 154864 City Hall AV Total ELERT & ASSOCIATES $4,570.55 Paid Chk# 023297 9/18/2006 EMBARQ - IL E 101-41940-321 Telephone $55.89 Idst Total EMBARQ - IL $55.89 Paid Chk# 023298 9/18/2006 EMBARQ-TX E 101-41940-321 Telephone $37.51 497-0452 E 101-41940-321 Telephone $236.32 taxes & surcharge E 101-41940-321 Telephone $19.13 Idst E 101-41940-321 Telephone $25.91 497-1888 E 101-41940-321 Telephone $29.01 497-4214 E 101-41940-321 Telephone $36.69 497-3210 E 101-41940-321 Telephone $57.46 497-4182 E 601-49450-321 Telephone $57.46 497-7416 E 601-49450-321 Telephone $36.69 497-0269 E 101-42400-321 Telephone $116.68 497-5007 E 101-41940-321 Telephone $80.91 497-3384 E 101-42400-321 Telephone $57.46 497-7485 E 101-43100-321 Telephone $37.51 497-0774 E 101-41940-321 Telephone $57.46 497-3758 E 101-41940-321 Telephone $57.46 497-3106 E 101-41940-321 Telephone $54.52 E 101-42400-321 Telephone $47.50 497-4836 E 101-43100-321 Telephone $47.46 497-3145 E 101-43100-321 Telephone $47.46 497-0179 E 101-42400-321 Telephone $38.55 497-7474 E 101-42400-321 Telephone $64.41 497-5106 Total EMBARQ - TX $1,243.56 • 16 S10100 Check Amt Invoice Comment Premier Bank Paid Chk# 023299 9/18/2006 FEDERATED CO-OPS, INC. E 601-49450-210 Operating Supplies $184.38 F21709 buccaneer plus E 101-45100-210 Operating Supplies $81.37 F21756 choice mix Total FEDERATED CO-OPS, INC. $265.75 Paid Chk# 023300 9/18/2006 FLANAGAN SALES, INC E 101-45100-530 Improvements $778.09 12650 kid timbers stakes, end caps Total FLANAGAN SALES, INC $778.09 Paid Chk# 023301 9/18/2006 FTTH COMMUNICATIONS E 101-43100-321 Telephone $64.95 PW internet Total FTTH COMMUNICATIONS $64.95 • • Paid Chk# 023302 9/18/2006 FUTRELL FIRE CONSULT & DESIGN E 482-49300-300 Professional Srvs (GENERAL) $258.75 18970 City Hall E 101-41000-300 Professional Srvs (GENERAL) $316.25 19014 Albertville Clinic E 101-41000-300 Professional Srvs (GENERAL) $143.75 19015 Perkins E 101-41000-300 Professional Srvs (GENERAL) $172.50 19016 Albertville Marketplace Total FUTRELL FIRE CONSULT & DESIGN $891.25 Paid Chk# 023303 9/18/2006 GOPHER STATE ONE -CALL E 601-49450-209 Locates $249.40 6070144 Locates - Sewer Dept E 602-49400-209 Locates $249.40 6070144 Locates - Water Dept Total GOPHER STATE ONE -CALL $498.80 Paid Chk# 023304 9/18/2006 HAWKINS, INC E 601-49450-216 Chemicals - Alum $143.67 840022 Total HAWKINS, INC $143.67 Paid Chk# 023305 9/18/2006 HENRYS WATERWORKS, INC E 602-49400-407 R/M - Water Mains $1,239.01 10690 Total HENRYS WATERWORKS, INC $1,239.01 Paid Chk# 023306 9/18/2006 INSPECTRON INC. E 101-42400-300 Professional Srvs (GENERAL) $4,200.00 Total INSPECTRON INC. $4,200.00 Paid Chk# 023307 9/18/2006 JASPER ENGINEERING & EQUIP CO E 601-49450-404 Repair/Maint- $402.00 132181 Total JASPER ENGINEERING & EQUIP CO $402.00 Paid Chk# 023308 9/18/2006 JOINT POWERS BOARD R 602-00000-37105 Water Sales - JPB R 206-00000-37171 WAC - JPB R 602-00000-37166 Safe Water Penalty R 602-00000-37130 Safe Water Test Fees R 602-00000-37105 Water Sales - JPB R 602-00000-37105 Water Sales - JPB R 602-00000-37105 Water Sales - JPB Total JOINT POWERS BOARD $1,344.28 $9,385.45 $48.13 $1,134.78 $2,285.87 $81,582.23 $1,094.36 $96,875.10 Soda ash grade 100 box curb key, repair lid, valy 7/31 - 8/25 Service transmitter repair JP Dist Combo JP WAC Fed Wtr Test Pen Fed Wtr Test JP Dist Pen JP Dist JP Dist II Low 17 Paid Chk# 023309 9/18/2006 MINNESOTA COPY SYSTEMS • E 101-41400-413 Office Equipment Rental $314.54 150118 Copier Maintenance Agreement Total MINNESOTA COPY SYSTEMS $314.54 Paid Chk# 023310 9/18/2006 MINNESOTA MAYORS ASSOCIATION E 101-41100-433 Dues and Subscriptions $20.00 annual dues Total MINNESOTA MAYORS ASSOCIATION $20.00 Paid Chk# 023311 9/18/2006 MONTICELLO ANIMAL CONTROL E 101-42700-309 Animal Control Contract $44.00 633 dog pick ups Total MONTICELLO ANIMAL CONTROL $44.00 Paid Chk# 023312 9/18/2006 MOON MOTORS E 101-43100-582 C/O - Misc. Equipment $424.94 4297598 Hedge Trimmer Total MOON MOTORS $424.94 Paid Chk# 023313 9/18/2006 MTR SERVICES INC E 604-49660-300 Professional Srvs (GENERAL) $675.00 3925 clean culverts & ponds, 51st b Total MTR SERVICES INC $675.00 Paid Chk# 023314 9/18/2006 N. A. C. E 101-41915-306 Planning Fees $219.45 15742 Starbucks E 101-41915-306 Planning Fees $23.75 15742 Hunters Pass Landscape E 101-41915-306 Planning Fees $1,335.83 15742 Shoppes at Towne Lakes II E 101-41915-306 Planning Fees $860.64 15742 Albertville Market Place E 101-41915-306 Planning Fees $482.85 15742 Schults & Schupp Winkelmann E 101-41915-306 Planning Fees $207.90 15742 Fraser Steel E 101-41915-306 Planning Fees $207.90 15742 D J Readerboard E 101-41915-306 Planning Fees $186.10 15742 Plaza 2nd E 101-41915-306 Planning Fees $164.40 15742 Shoppes at Towne Lakes II E 101-41915-306 Planning Fees $137.20 15742 Darkenwald E 101-41915-306 Planning Fees $69.30 15742 T-Square Lighting E 101-41915-306 Planning Fees $69.30 15742 Parkside Commercial E 101-41915-306 Planning Fees $57.75 15742 Outlet Mall Trash enclosures E 101-41915-306 Planning Fees $57.75 15742 Hunter Pass E 101-41915-306 Planning Fees $549.45 15742 Albertville Clinic Total N. A. C. $4,629.57 Paid Chk# 023315 9/18/2006 NCL OF WISCONSIN E 601-49450-210 Operating Supplies $78.97 205016 buffer solutions Total NCL OF WISCONSIN $78.97 Paid Chk# 023316 9/18/2006 NORTHERN WATERWORKS E 602-49400-250 Meters for Resale $8,063.01 S01026040.0 Meters for Re -sale E 602-49400-250 Meters for Resale $2,244.62 S01037739.0 Meters for Re -sale Total NORTHERN WATERWORKS $10,307.63 Paid Chk# 023317 9/18/2006 OMANN SHINGLE RECYCLING E 101-43100-401 Repair/Maint - Unpaved $14.38 8973 Crushed Asphalt E 101-43100-401 Repair/Maint- Unpaved $47.93 8976 Crushed Asphalt E 101-43100-401 Repair/Maint - Unpaved $47.93 8978 Crushed Asphalt Total OMANN SHINGLE RECYCLING $110.24 Paid Chk# 023318 9/18/2006 PAT'S 66 E 101-43100-212 Motor Fuels $51.36 15361 fuel E 101-43100-212 Motor Fuels $83.01 15556 fuel Total PAT'S 66 $134.37 Paid Chk# 023319 9/18/2006 QUICK FUEL FLEET SERVICES E 101-43100-212 Motor Fuels $1,122.14 88011 BIO LS2 Fuel Total QUICK FUEL FLEET SERVICES $1,122.14 • Paid Chk# 023320 9/18/2006 ROTTLUND HOMES Check Amt Invoice Comment R 602-00000-99999 UNALLOCATED UTILITY $50.43 refund overpmt of UB Total ROTTLUND HOMES $50.43 Paid Chk# 023321 9/18/2006 RUSSELL SECURITY RESOURCE INC. E 101-41940-405 Repair/Maint - Buildings $268.04 A10289 repair entrance knobset, CH Total RUSSELL SECURITY RESOURCE INC. $268.04 Paid Chk# 023322 9/18/2006 S.E.H. E 468-49000-303 Engineering Fees $10,160.00 149002 CSAH 19 ramps E 491-49000-303 Engineering Fees $23,495.40 149453 WWTF phase 2 E 101-41710-303 Engineering Fees $19.38 149638 Albertvilla's 6th E 473-49000-303 Engineering Fees $130.17 149639 Prairie Run E 470-49000-303 Engineering Fees $1,200.78 149640 CSAH 37 Bike Path E 468-49000-303 Engineering Fees $1,525.59 149681 CSAH 19 ramps E 468-49000-303 Engineering Fees $9,210.00 150141 CSAH 19 ramps Total S.E.H. $45,741.32 Paid Chk# 023323 9/18/2006 SENTRY SYSTEMS, INC. E 101-45100-405 Repair/Maint - Buildings $30.96 504497 Lander Alarm E 101-42000-405 Repair/Maint Buildings $4.21 504497 FD Alarm E 101-43100-405 Repair/Maint Buildings $29.23 504497 PW Alarm E 101-42000-405 Repair/Maint - Buildings $28.38 504497 FD Alarm Total SENTRY SYSTEMS, INC. $92.78 Paid Chk# 023324 9/18/2006 SHERWIN-WILLIAMS CO E 101-43100-400 Repair/Maint - Paved Rd $127.59 stft acry white Total SHERWIN-WILLIAMS CO $127.59 Paid Chk# 023325 9/18/2006 ST. ALBERT'S PARISH CENTER E 101-41410-300 Professional Srvs (GENERAL) $25.00 Nov Elections Total ST. ALBERT'S PARISH CENTER $25.00 • Paid Chk# 023326 9/18/2006 ST. MICHAEL, CITY OF E 101-45000-598 Pledges & Contributions $8,394.90 3/4 library Contribution 06 E 101-45000-598 Pledges & Contributions $9,708.75 3/4 Senior Center Contribution Total ST. MICHAEL, CITY OF $18,103.65 Paid Chk# 023327 9/18/2006 TINKLENBERG GROUP E 468-49000-300 Professional Srvs (GENERAL) $6,144.95 1226 1-94 Funding Total TINKLENBERG GROUP $6,144.95 Paid Chk# 023328 9/18/2006 U.S. BANK TRUST N.A. E 355-47000-620 Fiscal Agent's Fees $215.63 1748152 Agent fees 1999 A bonds E 601-49450-620 Fiscal Agent's Fees $250.00 1748256 Agent fees 2000 A bonds Total U.S. BANK TRUST N.A. $465.63 Paid Chk# 023329 9/18/2006 UNLIMITED ELECTRIC E 601-49450-404 Repair/Maint - $155.75 7548 repair light fixture WWTF Total UNLIMITED ELECTRIC $155.75 Paid Chk# 023330 9/18/2006 WASTE MANAGEMENT E 101-41940-384 Refuse/Garbage Disposal $162.68 14292431593 Refuse Waste Hauler Total WASTE MANAGEMENT $162.68 Paid Chk# 023331 9/18/2006 WATER LABORATORIES INC E 601-49450-218 Testing Expenses $73.80 Testing Expense (CBOD-5) E 601-49450-218 Testing Expenses $682.38 Testing Expense (CBOD-5) July E 601-49450-218 Testing Expenses $802.10 Testing Expense (CBOD-5) Aug Total WATER LABORATORIES INC $1,558.28 Paid Chk# 023332 9/18/2006 WRIGHT COUNTY RECORDER E 101-41940-399 Miscellaneous $92.00 recording fee street names Total WRIGHT COUNTY RECORDER $92.00 Paid Chk# 023333 9/18/2006 WRIGHT CTY SHERIFFS PATROL E 101-42110-307 Police Contract Fees Total WRIGHT CTY SHERIFFS PATROL $36,500.00 Partol-06-9 $36,500.00 September services • 19 10100 Premier Bank Paid Chk# 023334 9/18/2006 WRIGHT RECYCLING E 101-43200-308 Recycling Contract Fee Total WRIGHT RECYCLING Paid Chk# 023335 9/18/2006 XCEL ENERGY E 101-43160-381 Electric Utilities E 101-41940-381 Electric Utilities E 101-41940-381 Electric Utilities E 601-49450-381 Electric Utilities E 101-45100-381 Electric Utilities E 101-43160-381 Electric Utilities Total XCEL ENERGY 10100 Premier Bank Check Amt Invoice Comment $3,710.70 Aug 06 Services $3,710.70 $32.13 51416598070 5700 Labeaux Ave Signal $31.50 51468978500 11750 Co Rd 37 Signal $24.61 51511236300 5998 Labeaux $44.49 51545432690 5900 Co Rd 18 Swr $4.06 51644391160 5975 Main $4,872.86 51690103800 Street Lighting - 58-59-60 St. $5,009.65 $565,327.50 Fund Summary 10100 Premier Bank 101 GENERAL FUND $113,672.47 206 WAC FUND $9,385.45 355 1999A GO IMPROVEMENT $215.63 468 CSAH 19 RAMPS/I 94 Project $28,447.54 470 CSAH 37 TRAIL. $1,200.78 473 PRAIRIE RUN $1,282.17 482 CITY HALL 2004-5 $281,378.15 491 WWTF Phase 2 $23,495.40 494 CSAH 19 & 50th St. (South 19) $706.50 601 SEWER FUND $4,293.20 602 WATER FUND $99,735.21 604 STORM WATER $1,515.00 $565,327.50 • 20 4"Foams Gffbt,. 6 F -46UO Fox. 1-636-1311` ismw-im A ridetilk WWW barwsl;-D ram Assctlates August t 21, 2006 r, LwTy Krust City of l -villa 5975 Main, Avenue NE . lk rtvill , 101 Pay Request 7 Dcar.tvfu Kruse; e; Transmitted herewith am, four () copies of Request for Paynirru No, . Wo have rep=ie%. v the request and herrby rccommcnd ap, Prioval for payment its t1 mnount of . -2 , 3,75.. 1 execute the documents and distribute as follows r 1 COPY' City of Albertville 2 copies BreitbachConstruction, Attrt..Mr. Ryan Urrithach AlsoattachW arc theLien Waiv= for Pay Request No. Should you havc any,c st on regarding this prqjmt, 1ea.,w, feel tree to gall me at 1 a 1- 1; - '1 .. Yours very truly, Richard Hjcllc, g ,*' Enclosure 21 owns; C` fW 1 Munn Avenue IN�r3t� For Period: EV1E2\ to &, Contraclor Ir 0hav*, ConsMction SM 1,st Avenue P 0 Bm 78, Eirpsa, MK M4TRACTOR'S REQUEST FOR PAYMENT .A R C'V iLL E CITY H,4kLL BRA FILE NO 0 1C25 C 100-0 SUMAWRY Char" - AJditmns • Cha c 5 Vim* Completed to Date 5 Mi1 on Hamd 7 AmmufA Parried tse Patainage 9 SiNotal 12 AMOUNT DuE THIS RED :EST FOR PAY'MEN` NO, 7 !! ,� NMI rpm� HOW o. 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Box 34 Albertville, MN 55301 RE: Noise Permit for Saturday, October 7, 2006 Dear Ms. Holm: I have enclosed information in response to your request for a Noise Permit for Saturday, October is7, 2006. Your request will be placed on the Monday, September 18, 2006 City Council Agenda under Consent. The meeting begins promptly at 7:00 p.m. According to the 2005 Albertville Municipal City Code, your establishment is within 400 feet of residential dwellings. It will be the decision of the City Council whether to approve your Noise Permit or not. Sincerely, Bridget Miller City Clerk 26 • 4-1-13: OUTDOOR LIQUOR SALES: The sale of intoxicating liquor by a holder of a retail on sale liquor license issued by the city may occur outdoors, subject to the following regulations: A. Hours: No intoxicating liquor is to be served outside between the hours of twelve o'clock (12:00) midnight and eight o'clock (8:00) A.M. B. Fencing; Access: The area designated for the dispensing and consuming of intoxicating liquor shall be enclosed by a fence with access into the designated area allowed only via the principal building located on the property, unless a different controlled access is approved by the city. C. Music And Entertainment: 1. No live musical performances shall be allowed in the designated areas without specific approval by the city. 2. Music or other entertainment in the designated area shall cease at eleven fifty nine o'clock (11:59) P.M. on Friday and Saturday and at ten o'clock (10:00) P.M. on all other nights. • D. Other Regulations: Any other reasonable conditions required by the city. (2005 Code) • 27 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: A. Any person and/or organization shall be limited to a maximum of two (2) permits per year. B. The permit applicant must pay a permit fee as set by the city council by resolution. C. In addition to the permit fee, the city may require a security deposit. D. The permit applicant must demonstrate that there will be adequate sanitary facilities. E. The permit applicant must demonstrate that there will be adequate security at the location of the live outdoor musical performance. F. The permit applicant must have sufficient off street parking. G. The live outdoor musical performance must not interfere with other commercial and governmental activities or with the quiet enjoyment of residential property. 0 H. 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. I. The live outdoor musical performance shall only occur on the dates and during the hours designated by the city council. J. The volume of the live outdoor musical performance must be reasonable. (Ord. 2004- 05, 6-7-2004) 0 • E wt Mr. Lam., Knoc, City Adrainistw,'or 'it-y of A.lb crtvijlc 5975 Main Avcnuc NE, P, 0, Box 9 Albertville, MN 55301 RETo%me Lakes 50'Addition- Recorrmumdation of Actzptance 111\41 Projmt No. T15-21677 D= h4r. Kruse: Contractor Property Developers Cotnjpany (CPDC) has requestud iweeplance of all completed fflunivillftl iMpftiveffient$, Ond CoMmcnwrWnt of the two-yeaT warranty period. 'Fo da te. aft municipal improvements have been completed and hove bmn ftwnd to tv in general em1formance with plos and qviwfoafiorts. U,pon review of the eDrnplotod work, items requiring warranty repair andoor final mtoration wcm Wntifled w-W the Dcvctoper has been riotified or thew items. The w-arranty, smurit- y ($111,307) held b�v ttw Citywill, adequakelY ensure the cornpWion of thcsc rcpaW-'comTtiom,. It is, memmeand cd that the municipal i mpaivements of the Towne Lakes 56 Addition be aompted by the City- Pi Ict nv!know &YOU have any questiom or would 114 additioTud infixr,=tion. smcerely WXJON & MENK, INC. Adlam, Altwrtville Assistant City Fnvincc-T ('c,.- Tina Lannes; - Albertvidle Firtaw-e Weetor David llempe4 - C-PDC E 31 0 September 8, 2006 Mr. Larry Kruse, City Administrator City of Albertville 5975 Main Avenue NE P.O. Box 9 Albertville, MN 55301 Re: Albertville City Hall Breakdown of Change Order No. 1 Our File No. 001028-05100-0 Dear Mr. Kruse: Following is a breakdown of the costs for Change Order No. 1 for the Albertville City Hall Project. The costs are broken down into three categories: Owner Initiated Costs, Project Costs, and Project Credits. Owner Initiated Costs Additional sidewalk and curb $3,578 4" conduit to existing city hall $3,143 Electrical conduits for underground utilities $7 310 • Subtotal Costs $14,031 • Project Costs Elevator hoist beam $196 Colored mortar $1,547 Ductwork modifications $2,110 Electrical wiring for the hand driers $1,909 Contaminated soils $3,802 Relocated mechanical pipes $4 320 Subtotal Costs $13,884 Project Credits Credit for omitting the grease trap $708 Credit for omitting paint in the mechanical room $600 Total Credits $1,308 Total Cost of Change Order No. 1 $26,607 If you have any questions please call me at 651-604-4914 Sincerely, BONESTROO, ROSENE, ANDERLIK & ASSOCIATES, INC. Richard Hjelle 33 E O O N N OC FO. OC U � zCD o� W M 44 A 1 M 00 O E� U x a o � N � O � OJ o O U 00 � V Q 0 = o O z o �u U o� �n 00 C) h O ct � o U ° ° - Q a� O � ° �U o N O U OOCwl w 00CQQ N N U *a �. CI p "C 4, U � o ° o 'iy O � � O o x �o�US 4 1-4 U N � 03 3 O U — ° '° 4, cn U " ej rA U U O O O O � � 00 O VM' O r ON O s� s s� s s 6 69 0 0 0 0 0 0 � �O h O c� M O N 00 O O O "h •-� O l- N 69 o ON M 00 W) M � 69 69 - 6-1� 69 59 69 69 69 6�9 �4 �4 �4 �4 r4 �l r• �4 h-4 �-1 �4 .--i N m d' Wn 11O l 00 O\ O - �n M AIbICErtville Small Town Uving. Blg City Ufa. TO: City Council FROM: Tina Lannes DATE: September 15, 2006 RE: City Hall Copier REQUEST FOR COUNCIL ACTION BACKGROUND The City of Albertville's 3 year lease has expired on the current copier located at City Hall. Staff has received a quote to replace the current copier to an upgraded model and add an additional color copier to the new City Hall. The lease would be for 3 years, which would run an additional $35 per month compared to our current lease payments. For the additional monies the City of Albertville would be receiving two copiers to replace the payment of one copier. This additional $35 is in the preliminary 2007 budget. The current copier cost per page is .0096 cents and the upgraded copier cost per page is .008 cents. That is a savings of on average $27.00 per month. Then the color copier is .0135 cents per page for black and white and .09 cents per page for color. Currently we go to a printer for color copies and that costs the City of Albertville $1.04 per page for color copies. Staff is recommending signing the new copier leases. RECOMMENDATION: Move to sign the contract for the Toshiba Copiers. • 37 TO: Mayor and Council members FROM: John Middendorf DATE: September 8, 2006 RE: Status Update WWTP Update There are only two (2) items left to complete at the Wastewater Treatment Plant of which are: 1. Plant the grass seed, which is scheduled for the week of September 11, 2006. 2. There are some minor changes to the computer program that still needs to be addressed. Otherwise the Wastewater Treatment Plant continues to run well. The reeds in the reed beds are . growing good. I have applied sludge to them several times. Water Department There was a water main break on 57th Street NE between Lander Avenue NE and Lambert Avenue NE. There was a service line lead at 5565 Lander Avenue NE. Radio Read Update — we have over 1,000 radios installed and the system is working quite well. JM:bmm • 39 A.1bertVille Building Department Small Town u,in9. Big City We. 5975 Main Avenue NE • P.O. Box 9 a Albertville, MN 55301 Phone: 763-497-5106 • Fax: 763-497-3210 MEMORANDUM TO: Honorable Mayor, City Council, and City Staff FROM: Jon Sutherland, Building Official DATE: September 11, 2006 RE: AUGUST 2006 PERMIT ACTIVITY REPORT August construction was predominantly residential in nature. Storm damage permits continue to come in and inspection activity is increasing with the demand expected to peak this fall. The New City Hall is progressing and somewhat on schedule, the building and the spacious Council Chambers will be a great addition for the community. Residential Construction Activity: August brought 4 new Detached Single Family Dwellings, 6 new Attached Single Family Dwellings, 8 Decks, 1 shed and 2 Swimming Pools. Commercial Construction Activity: Albertville Plaza began construction with a grading permit in the 11100 block of 61St street. This project will be seeking a building permit soon and will consist of a Goodyear Tire Store and a Retail Center. Various other Fire Sprinkler, Alarm, Mechanical, and Plumbing permits were processed for the month. Miscellaneous: Miscellaneous permits issued including Storm Damage, Signs, Plumbing, Mechanical, and Fences, totaling 49 for the month. Total permits: We have a total of 1,094 for the year to date (YTD) with a Construction Value YTD of $25,973,817. Inspection Activity: This and existing work in progress generated approximately 370 related inspections including Rental Licensing, Complaints and Zoning Enforcement. Sign Code: Sign code enforcement continues! Have you noticed? Please let Larry know! Attachment: Permit Activity Report 41 ACM" REMRT AL obertAjic ��� • • • 42 lbertvilleSHMN TBig My We. MEMORANDUM Date: September 13, 2006 To: City Council From: Larry R. Kruse, City Administrator Re: General Update CITY HALL CONSTRUCTION: The parking lot has the first layer of the bituminous wear course installed with an additional layer to be tentatively installed in October. Breitbach continues to complete the interior of the City Hall building. The windows predominantly on the south side continue to be on track for delivery and installation during the last week in October. The other windows and doors, around the entry way and predominantly on the east, north and south side, are being installed and • security the building allowing completion of the majority of the interior. We are coordinating delivery of the furniture, along with the installation of the electronics and the telephone system for the end of October and the first week in November. We are anticipating that the second City Council meeting in November will be held in the new City Hall. I requested to have the contractor stop installing the two rows of randomly placed boarder tiles in the men's and women's bathrooms that are located on the main level, as most people that looked at them felt strongly that it should have a pattern. The upstairs bathrooms were already done, and no change is planned. The contractor is getting a price to replace two rows in the one bathroom. I anticipate the cost being small. Other items that remain to be purchased include blinds, floor mats for workstations and desks, signage and other miscellaneous items. Blinds have already been included in the Council Chamber to facilitate Audio Visual displays. We have planned for a plotter/scanner in the new work room and staff will bring a proposal to the Council for consideration prior to year end. Change Order No. 1: Bonestroo will be presenting our first change order, which is a compilation of a number of items amounting to $26,607.00. The City requested going to the electric hand dryers, removal of the grease trap, and installation of the conduit to bury the electric lines. I further requested installation of a conduit pipe from the old City Hall to the new one for future conductivity of phone and computer systems, should one day the building need it. This cost ended up more than I had anticipated; however, knowing the challenges we have had in the past with conductivity to our facility across the street and the difficulty installing it after the bituminous is laid hopefully merits the cost. At the time it was a decision that needed to be made 43 right away, and as you know the parking lot got delayed. Lastly, the contaminated soil deals with those removals and installation of the utility line. We will process an application to get reimbursed from the MPCA for up to 90% of the qualified expenditures. Owner Initiated Costs Additional sidewalk and curb $ 3,578 4" conduit to existing city hall $ 3,143 Electrical conduits for underground utilities $ 7,310 Subtotal Costs $14,031 Project Costs Elevator hoist beam $ 196 Colored mortar $ 1,547 Ductwork modifications $ 2,110 Electrical wiring for the hand driers $ 1,909 Contaminated soils $ 3,802 Relocated mechanical pipes $ 4,320 Subtotal Costs $13,884 Project Credits Credit for omitting the grease trap $ 708 Credit for omitting paint in the mechanical room $ 600 Total Credits $ 1,308 Total Cost of Change Order No. 1 $26,607 As construction goes, the City Hall has been a great project. The contractor, architect, engineers, and suppliers have been great! Other than the delay in window production, everything has proceeded on schedule. Bonestroo has done a good job detailing with the project and managing it so we don't have significant change orders or unanticipated costs. The total change orders to date equal less than 1 % of the construction cost, which is outstanding. Further, a lot of credit goes to the City Council for your leadership and involvement in the design and building process. I-94 PROJECT IMPLEMENTATION TASK FORCE MEETING: The workgroup has met twice and has put together a draft Cooperative Agreement between the four parties. Each of the three cities along with the County need to review the agreement that simply states that all four parties agree to cooperate and work together to resolve the I-94 Transportation needs from Naber Avenue to Kadler Avenue NE. We are refining a worksheet that summarizes work components of the three interchange projects. Further, we are putting together an "issues map", which identifies the issues and challenges surrounding each interchange project. This document should give everyone a better understanding of all three interchanges and where the group is headed. More information on this will be forthcoming. I believe the staff working group will have some productive work product that will make the full I-94 Implementation Task Force feel good about making progress on I-94 transportation issues. 0 . The Environmental Assessment comment deadline was August 161h. We have received four comments, but basically two comments (DNR & Otsego) merit S.E.H.'s response. First, DNR expressed concerns about the projects impacting School Lake. S.E.H. is doing some preliminary work that shows the City can use retaining walls to minimize the impact and hopefully resolve DNR's issues. Secondly, DNR requested more information to better identify how the projects stormwater will be handled. This most likely will require inclusion of some sedimentation ponds prior to discharging stormwater into the lake. S.E.H. is also preparing a response to the City of Otsego, who has expressed concerns about the projects construction phases, and stated that project phasing is not acceptable. In a conference call with S.E.H., Wright County and MNDOT, it was the consensus that Otsego's comments were not environmental in nature and we will acknowledge receipt of their comments, but no additional environmental response is necessary. Otsego, also commented about the inadequacies of CSAH 19 by the Mall. A response will be sent stating that solving those issues is already being addressed in a proposed separate CSAH 19 Improvement Project. 52°d STREET NE INDUSTRIAL PROJECT: The Industrial Park expansion is going very well. Work continues with the installation of storm sewer and additional grading. We continue to be on schedule for a fall completion with everything except the bituminous wear course. ANNUAL CITY ADMINISTRATOR'S CONFERENCE (Saturday — Tuesday) The annual conference in San Antonia, TX was well attended. I attended a number of interesting seminars. One was on Leadership and Governance: Teamwork and Strategic Thinking for Results, which reinforced the need for communities to work together beyond their boarders as citizens don't recognize the boundary lines, rather the service they receive. There were many interesting, thought provoking sessions and it was good to network with fellow managers from across the U.S. It was also nice to feel the cool Minnesota air upon my return. HAIL INSURANCE CLAIM: Jon Sutherland has been in contact with our adjuster to review the hail damage settlement and a report will be forthcoming. ELEMENTARY SCHOOL & OUR STORMWATER PROJECT: The new elementary school is progressing with steel rising into the air. The stormwater ponds built by the school to handle their stormwater have experienced a couple of good rainfalls, which is a reminder to us of past flooding. The School District is finalizing their plans for the new high school, which we anticipate them starting grading in the early spring of 2007. Albertville now has an opportunity to complete a Phase I stormwater improvement in collaboration with the School and St. Michael. Bolton and Menk, Inc. has completed the stormwater study and a preliminary design for a project, which is ready to be incorporated into the schools plans. Now we must find a way to get the cooperation of St. Michael and get the project done. We should discuss your thoughts and ideas on how you want to proceed. ARENA LAND: I have contacted Albert Barthel several times and have not been successful in garnering the family's interest in discussing the sale of the future arena land. I provided a number of names of 45 appraisers and have suggested that they can pick an appraiser of their choosing to complete an • appraisal as the foundation to begin our discussions. We now have soil boring to better understand the amount of corrections the site will need and we have a good handle on the cost to install Lachman Avenue NE. Bolton and Menk, Inc. has confirmed S.E.H.'s research looking back at old aerial photos and both firms conclude that the wetland is indeed a wetland, and not caused by the City's trunk line sewer project. I would request that if there is any one on the council, or if you know anyone else in the community, that can influence the Barthel Family to discuss how we proceed. Your help on this is appreciated. OTSEGO BOARDER ROAD AGREEMENTS: City Administrator Mike Robertson and I are scheduled to meet with County Engineer Wayne Fingalson on Tuesday, September 19t' about getting CSAH 19 North on the County's five year plan. Mr. Robertson has stated that the Otsego Council is in general agreement with going forward with all of the agreements with the exception of CSAH 19. We will discuss the CSAH 19 Agreement with Mr. Fingalson to see if we can move that project forward. I am hopeful to bring these agreements back sometime yet this fall. WASTEWATER TREATMENT FACILITY, POND SLUDGE REMOVAL: The new reed beds are growing well and our crew has been doing a great job of getting the new system up and running. We have encountered some challenges with our sludge disposal, in which staff will be suggesting that the City look into and evaluate purchasing 40 to 100 acres of land for future disposal. It seems that the City is always at the mercy of farmers who change their plans, which affects our operation. Owning the land removes many of these problems and leverages on our ability to work with another farmer on additional land to create some crop 40 rotation. The land would also be a good investment, which could be leveraged in the future into some other type of technology such as sludge dehydration or thickening process. Your thought on this is appreciated! COUNTY EQUIPMENT STORAGE: The County has co -located with us at the Public Works Facility. They have a couple of large trucks, a loader and a one -ton truck parked there now. The County crew has been working four 10-hour days now, and will switch to hours that are similar to ours this coming week. PW Supervisor Guimont has stated that things are going well and that they have seen little of the crew as they are always out most of the day. WRIGHT COUNTY ADMINISTRATORS — County Road Funding Policy: In 2006, I've been chairing the Wright County Administrators group monthly meeting. Recently, based on the County's interest to work on a better relationship, the Administrators have taken on review of the County's Road Funding Policy. We have been collecting comparative data of other neighboring Counties to see if there are any changes that we would like to propose to the County. The policy was last update in March of 1993. RAILROAD LAND: We continue to work with the railroad on the purchase of three parcels of land. In doing the ALTA survey, we all learned that our purchase would have included a part of the spur line, which the railroad does not want to sell. A revised legal description is being completed, which • .0 • will result in a decrease in the amount of land that we will purchase. This is not a significant amount of land and will not affect the land transaction other than taking some additional time and lower the cost. We will continue to network with the downtown businesses on trading land and trying to figure out an acceptable parking plan. • COUNCIL WORKSHOP SET FOR MONDAY, SEPTEMBER 25, 2006: The following items are scheduled for discussion on September 25: 1. 2007 City Fee Review 2. Engineering costs and options 3. Rental Policy for the new City Hall 4. Street scape/light for Main Avenue NE 5. Discussion on Rental of Existing City Hall and Old Public Works Building Further, time permitting; I would like to add the discussion on the strategy to work with the STMA School District and the City of St. Michael on a stormwater project in the spring of 2007 and a brief update on I-94 project. UTILITY FULL TIME UTILITY EMPLOYEE: Last Saturday, one of our Utility employees went on medical leave, which could be for about two to three months. After visiting with the Wastewater Treatment Plant Superintendent Middendorf and Public Works Supervisor Guimont, three options were suggested: 1) Hire the full time person planned in March of 2007 now, which if the hiring process goes well would result in a November 2006 start 2) Hire a licensed temporary employee to fill in 3) Use an existing employee and postpone other necessary work After much discussion, it is staff s recommendation to try and hire the new employee about four months earlier than planned. Assuming we can net out the wages of the employee on medical leave, the cost to add the new employee early is approximately $15,000. We may have some available 2006 budget to cover a portion of it and the balance would need to come out of the approximate $2,000,000 fund balance in the Water and Sewer Fund. Benefits of doing this option include duplication of training and getting someone to assist with plowing snow. Further, not hiring the new employee now may result in additional overtime for existing employees. It is my recommendation that we proceed to hire the new Utilities/Public Works Employee ASAP. 47 CITY OF ALBERTVILLE COUNTY OF WRIGHT STATE OF MINNESOTA RESOLUTION NO. 2006- RESOLUTION RELEASING SPECIAL ASSESSMENT WAIVER AS TO OUTLOT C, PRAIRIE RUN WHEREAS, the City of Albertville and a developer of the Prairie Run plat have entered into an Agreement for Waiver of Objection to Special Assessment Associated With the 2004 Prairie Run Improvement Plans dated August 6, 2004 and recorded as document number 955137 in Wright County Recorder's Office, Wright County, Minnesota ("Waiver"); and WHEREAS, lot C has been replatted as Albertville Medical Building, and all special assessments outstanding against Outlot C have been levied and paid in full; and WHEREAS, the title company issuing the owner's title policy on Albertville Medical Building has requested that the City release the Waiver from Outlot C of Prairie Run; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF ALBERTVILLE: The City hereby releases the Waiver as it applies to that property formerly known as Outlot C of Prairie Run, Wright County, Minnesota. The Waiver shall remain binding upon Lot 16, Block 1 and Outlot B of Prairie Run. Dated: September 18, 2006 ATTEST: Bridget Miller, Clerk F-1 Don Peterson, Mayor Doc. No. A 955137 . OFFICE OF THE COUNTY RECORDER WRIGHT COUNTY, MINNESOTA Certified Filed and/or Recorded on 04-18-2005 at 02:18 Check #: 6776 Fee: s20.00 Payment Code 02 Addl Fee Larry A. Unger, County Recorder AGREEMENT FOR WAIVER OF OBJECTION TO SPECIAL ASSESSMENT ASSOCIATED WITH THE 2004 PRAIRIE RUN IMPROVEMENT PLANS WHEREAS, the Albertville City Council has received a petition from abutting landowners requesting that the City construct street, curb, gutter, municipal water, storm water, sanitary sewer, sidewalk and grading improvements in that development that has received preliminary plat approval as Prairie Run within the City of Albertville, WHEREAS, the above referenced improvement project is known as the "2004 Prairie Run Improvements"; WHEREAS, the petitioners have requested that any and all fees and costs required for construction of said petitioned for improvements be adopted by the City as a special assessment against the benefited properties. WHEREAS, the City has agreed to construct the petitioned for street, curb, gutter, municipal water, stone water, sanitary sewer, sidewalk and grading improvements provided that the owners of the property that would benefit from the subject improvements agree to waive any special assessment appeal rights they might have with regard to the costs proposed to be assessed to their property. WHEREAS, Robert C. Heuring and Christine A. Heuring (collectively "Property Owners") all have an ownership interest in property shown as Lot 16, Block 1, Outlot B and 0 1 . Outlot C of the Prairie Run preliminary plat as shown on the Exhibit A (collectively, "Property"); and WHEREAS, the assessment to the Property as a result of the 2004 Prairie Run Improvements is estimated to be $436,028; NOW, THEREFORE, the City of Albertville and Property Owners agree as follows: 1. In the event the City shall construct the petitioned for improvements pursuant to the plans and specifications prepared by the City Engineer for the 2004 Prairie Run Improvements, the City may adopt a special assessment against the benefiting properties for the costs associated with such improvements. 2. Property Owners hereby knowingly and voluntarily waive any objection to said assessment levied against the Property in an arnount up to $436,028, the estimated cost of construction. Specifically, Property Owners acknowledge that the 2004 Prairie Run improvements will specially benefit the Property in an amount at least equal to $436,028 and hereby waive any right to appeal or challenge an assessment in the amount of $436,028 pursuant to Minn. Stat. §429.081, or any other statutory, common law, or Constitutional provision. The City shall not specially assess an • amount more than the actual cost of the project (including administrative fees). 3. In the event that the special assessments levied against the Property exceed $436,028, Property Owners shall have the right to appeal from the difference between $436,028 and the actual assessment amount levied against the Property. 4. This Agreement shall be binding upon and extend to the representatives, heirs, successors and assigns of the parties hereto. Dated: 6? 1[<Jy ✓� 12004 y CITY OF ALBERTVILLE PROPERTY OWNERS Donald Peterson Robert U. Heurmg Mayor 0 Bridget Miller Christine A. I4euring City Clerk STATE OF MINNESOTA ) ) ss. COUNTY OF WRIGHT ) The foregoing instrument was acknowledged before me this day of d (/s G-&i .S , 2004, by Don Peterson as Mayor of the City of Albertville, a Minnesota municipal corporation, on behalf of the city and pursuant to the authority of the City Council. Notary Public STATE OF MINNESOTA) DAVID WENDORF �l'o. NOTARY PUS! 10-MINNE507A ss. My Commission Expires Jan 31, 2005 MM COUNTY OF WRIGHT Th foregoing instrument was acknowledged before me this P/j, day of 2004, by Bridget Miller, as Clerk of the City of Albertville, a Minnesota municipal corporation, on behalf of the city and pursuant to the authority of the City Council. wa M9CH, FL C. C'OURI IJLI NOTARY PUBi_1G - h'ilP)NESOTA Gomm Ear. Jar. 31, 2005`' „�> } My .. � �, �W,�naa Notary Public w STATE OF MINNESOTA ) ) s.s. COUNTY OF HENNEPIN ) ✓, Th . foregoing instrument was acknowledged before me this day of 2004, by Robezt C. Hearing and Christine A. Hearing. SIGNATURE OF NOTARY 3 =PU N t �•cme hJESOTA-31-2005 This instrument was drafted by: Couri, MacArthur & Ruppe, P.L.L.P. 705 Central Ave. East P.O. Box 369 St. Michael, MN 55376 (763)497-1930 • • 0 95510-7