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2005-01-03 CC Packet . . . ~ A.J~~'!'!QL€ ALBERTVILLE CITY COUNCIL AGENDA JANUARY 3, 2005 7:00 PM 1. PLEDGE OF ALLEGIANCE 2. MAYOR and COUNCIL MEMBERS OATH OF OFFICE 3. CALL TO ORDER - ROLL CALL - ADOPT AGENDA 4. MINUTES a. December 20,2004 City Council Workshop Minutes (pg 3) b. December 20, 2004 City Council Minutes (pgs 5-19) 5. CITIZEN FORUM - (10 Minute Limit) 6. CONSENT AGENDA a. Approve payment of claims checJc numbers 020847-020896 (pgs 21-31) b. Adopt Resolution No. 2005-01 (Fire Relief Association setting the 2005 contribution at $1,300 per year of service) (pg 33) c. Approve S.E.H.'s Application for Payment No.3 (FINAL) to Hennen Construction Co. in the amount of$1,514.40 d. Approve S.E.H.'s Application for Change Order No.2 for 2003 Seeding - Primary School Ball Fields $6,133 e. Approve the City Engineer's recommendation to reduce the Letter of Reduction for Shoppes at Towne Lakes from $255,600 to no less than $88,350 (pg 35) f. Approve the City Engineer's recommendation of final acceptance of the public street and utility improvements installed with the 2nd Addition of the Towne Lakes development (pg 37) g. Approve the Ci~ Engineer's recommendation to reduce the Letter of Reduction for Towne Lakes 3 Addition from $354,000 to no less than $155,100 (pg 39) 7. ACTION ON PULLED CONSENT ITEMS 8. ADOPT RESOLUTION NUMBER 2005-02 ENTITLED 2005 APPOINTMENTS (pgs 41-43) "9. DEPARTMENT BUSINESS a. Planning and Zoning 1 b. Engineering .__ 1). Engagement of 1-94 Lobbyist 2). Adopt Resolution Number 2005-03 entitled A Resolution to Wright County Seeking A TP funding for CSAH 19 from the Albertville Premium Outlet Mall Entrance to 70th Street Improvements (To be provided at the meeting) c. Legal 1). Adopt Resolution Number 2005-04 entitled A Resolution Establishing 2005 Fees and Miscellaneous Item (pgs 45-48) 2). Approve Towne Lakes Encroachment Agreement (pgs 49-51) d. Administration 1. Written Report (pg 53) 2. Outdoor Ice Time (pg 55) 10. OTHER BUSINESS, MINUTES AND MATERIALS a. Wright County Sheriff's Options (Information for January 18th meeting) (pg 57) b. Joint Powers Minutes (pgs 59-61) c. December 14,2004 Planning and Zoning Commission Minutes (pgs 63-74) 11. ADJOURNMENT . . 2 . '. . ~ AJ~~t!'!iJL€ City of Albertville City Council Workshop Minutes December 20, 2004 Albertville City Hall 5:30 PM PRESENT: Mayor Don Peterson, Council members Dorothy Rich, Ron Klecker, Tom Fay and LeRoy Berning, City Administrator Larry Kruse and City Clerk Bridget Miller Mayor Peterson called the City Council Workshop to order at 5:30 p.m. City Administrator Kruse stated there were about six J 6) residents who have expressed interest as a member of the Park Committee. Council member Rich expressed interest in being on the committee. Council proceeded down the list of 2005 Appointments to certain offices and positions within the City of Albertville. They would like to hold off on appointing of a City Engineer. ADJOURNMENT MOTION BY Council member Fay, seconded by Council member Klecker to adjourn the meeting at 6: 15 p.m. Motion carried unanimously. Don Peterson, Mayor Bridget Miller, City Clerk 3 . . . ~ 1\!~~'!'!iJL€ City of Albertville City Council Minutes December 20, 2004 Albertville City Hall 7:00 PM PRESENT: Mayor Don Peterson, Council members Tom Fay, Dorothy Rich, Ron Klecker and LeRoy Berning, City Planner Al Brixius, City Attorney Mike Couri, Assistant City Engineer Bob Moberg, City Administrator Larry Kruse, and City Clerk Bridget Miller Mayor Peterson called the City Council meeting of the City of Albertville to order at 7:00 p.m. followed by the Pledge of Allegiance. AGENDA MOTION BY Council member Klecker seconded by Council member Berning to approve the Agenda with the following amendments. Motion carried unanimously. Add Items: Administration - Crosswalk - St. Albert's Parish Administration - Miss Albertville - Queen's Float Administration - Trails along County Road 37 Administration - Set Joint meeting with the City of St. Michael Engineer - Resolution No. 2004-51 (CSAH 19 Adopting Assessing Resolution) MINUTES: MOTION BY Council member Fay, seconded by Council member Rich to approve the December 6, 2004 City Council minutes as presented. Motion carried unanimously. CITIZEN FORUM Keith Franklin of 5339 Lachman Avenue NE addressed the Council regarding the change in the Temporary Portable signs. Franklin stated he attended a sign workshop but didn't realize the number of temporary signs changed from six to four. Franklin has received a number of calls from upset clients regarding the change. Mayor Peterson stated that he and the council had received numerous complaints from residents about the number and increasing size of signs. In response the council went through an extensive process to amend the ordinance, direct staff to increase enforcement via the Administrative Penalty------- Ordinance and will review if it is working in six months. Franklin requested an opportunity for another hearing. By consensus, the council referred review of the amended sign ordinance to the January 11 th Planning Commission. 5 CONSENT AGENDA: MOTION BY Council member Fay, seconded by Council member Klecker to approve the consent . agenda pulling item f. Motion carried unanimously. a. Approve payment of claims check number 02747-020801 b. Approve S.E.H's Application for Payment No.8 to Ebert Construction in the amount of $93,652.90 c. Approve S.E.H's Application for Payment No.2 to Minnesota Native Landscapes in the amount of$12,575.54 and Change Order No.1 in the amount of$1,843.95 (pgs 20-23) d. Authorize payment of all just claims received by December 31, 2004 (year-end closeout) e. Set a Special Council Meeting for Monday, January 10,2005 at 6:30 p.m. to interview and select an Architect for the new City Hall f. Approve the KDV 2005 Audit Engagement Letter ($23,000) ACTION ON PULLED CONSENT ITEMS: APPROVE THE KDV 2005 AUDIT ENGAGEMENT LETTER ($23,000) Council member Berning was under the impression it was quoted at $15,000. City Administrator Kruse confirmed KDV had quoted $23,000 for the 2005 Audit and stated the additional cost is directly related to the new GSAB 34 auditing standard. MOTION BY Council member Fay, seconded by Council member Klecker to approve 2005 Audit . with KDV. Motion carried unanimously. EL WYN TINKLENBERG GROUP 1-94 STATE AND FEDERAL FUNDING LOBBYING PROPOSAL Mr. Tinklenberg addressed the Council in his experience working with all levels of government and officials enables the Tinklenberg Group to provide unique connections to its clients. The Group offers a solid foundation of knowledge and experience with a broad range of processes, regulations and contacts, which when combined with innovative and creative strategies, results in the funding and support fundamentals to advancing client objectives. The Tinklenberg Group has extensive experience and knowledge surrounding methods to adequately inform and engage the general public and appropriate stakeholders with project activities. Council member Berning asked if the Tinklenberg Group works strictly on the Federal Agencies or would he go to the State and County. Mr. Tinklenberg stated there are a number of funding sources and they can assist communities to maximize resources, garner support and increase project awareness, and develop consensus that will not only assist in expediting the processes, but also position communities to take advantage of a variety of funds at the local, regional, s~ate and federal levels. Funding is sometimes very specific . 6 . . . for example there are some funds focusing on biking trails or pedestrian trails. He would look at as many areas as possible; it would depend what the City's needs. The Tinklenberg Group's strategy will include preparation summary of State and Federal transportation funding sources, develop a strategy to maximize planned investments and advance project improvements as funding is identified, requested and becomes available. They would review current and proposed State and Federal transportation programs and assess the potential for new funding. for the interchange work from all available and appropriate sources. Develop a strategy to potentially pursue high priority designation and appropriate Federal funding for the project area. Develop an investment strategy on an improvement-by-improvement basis consistent with the overall goals for the projects. Coordinate with other affected local governments, the County and the State to generate a partnership approach to interchange improvements. Assist with the preparation of Federal funding requests for interchange improvements on an annual basis. Create necessary materials and respond to the Transportation Appropriations Committee information requests for targeted funding. Establish, coordinate and participate in meetings with legislative leaders and elected officials in Washington, D.C. Provide regular communication updates with all elected officials. Coordinate special events as interchange improvements occur. Council member Berning wanted to know what the timeframe was for applying for the funding. Mr. Tinklenberg believes that communicating and engaging the community early on in the planning process is most effective in building support and consensus for projects. Methods that involve input from public and private stakeholders can enhance support at the local, regional, state and more importantly the federal level, as well as assist in moving projects forward more quickly. The process should also bring together public and private representatives to discuss the needs, issues and opportunities for transportation improvements, which would in turn result in collaborative and cohesive decision making to best manage development and effective growth. The estimated time to complete the tasks is one-year. This timing is based on technical work currently underway and subject, somewhat to the schedule of these other planning activities. Council addressed the fees in the proposal, if you get through task number one then what? How soon would you need to know before we sign the proposal and when could we sit down to discuss the details of the proposal. 7 Mr. Tinklenberg stated at your earliest convenience. The cost to complete this work is depending . on the scope of the proposal elements. Upon completion of the tasks identified, the City and the Tinklenberg Group will review the status of the project and may negotiate the inclusion of additional work as deemed necessary or appropriate. DEP ARTMENTBUSINESS PLANNING & ZONING JOINT POWERS WATER TREATMENT PLANT - CONDITIONAL USE PERMIT: WATER TREATMENT PLANT EXPANSION City Planner Brixius stated that the Joint Powers Water Board of Albertville, St. Michael, and Hanover, has submitted an application for a Conditional Use Permit and St. Michael to allow for the building expansion and construction of a garage on the site located at 11100 50th Street. The subject site is approximately 2.4 acres and is bounded on the south by CSAH 35 (50th Street) and the St. Michael/Albertville High School on the east. To the north is a large wetland and land zoned as R-1 Single Family. The land directly west of subject site is also owned by the Joint Powers Water Board and operates as a well and pump house, office and ground storage reservoir. The applicant is proposing to expand an existing building and construct a garage on the site. A CUP is necessary for the alteration or expansion of the facility. The site is currently zoned P/I, Public/Institutional. The purpose of the P/I District is to provide a specific zoning district for facilities devoted to serving the public and specialized government~l activities and semi-public uses. A Conditional Use Permit allows governmental and public regulated utility buildings, street garages and structures necessary for the health, safety, and general welfare of the community. . Council asked if the shed would be removed with the addition of a garage. Chris Katlin stated the shed would be removed once the garage is built. Council wanted to know if landscaping or other would be considered to control the noise. Mr. Katlin said the equipment would be placed on the roofwith sound barriers around it. City Planner Brixius commented that there is a considerable wetland north of the site. It is about the size of a football field. It would make it difficult to add more landscaping there. Council addressed the lighting on the site. They would like it to be in compliance with current zoning ordinance. Council wanted to know if the discharge to the sewer system would be reduced with this expansion. Mr. Katlin shared that with this expansion and improvements those problems orconcems would- drop it by about 90%. Council asked when they anticipated completion of the project. . 8 . Mr. Katlin said they hope to have it completed for operation by November 2005. MOTION BY Mayor Peterson, seconded by Council member Berning to approve the Findings of Fact and Decision for the Conditional Use Permit - Water Treatment Plant Expansion. Motion carried unanimously. CONTRACTOR'S PROPERTY DEVELOPMENT COMPANY - AMENDMENT TO TOWNE LAKES PLANNED UNIT DEVELOPMENTIPRELIMINARY PLAT FOR OUTLOT G, TOWNE LAKES 3RD ADDITION City Planner Brixius stated that in Spring of2003, the City of Albertville approved a planned unit development (PUD) and preliminary plat for Phase II of Towne Lakes, which included the Vetsch property north of School Lake and east of County Road 19. The northeastern portion of this PUD/preliminary plat was designed with R-IA, 15,000 square foot lots with the intention that this land use and lot pattern would continue eastward into the adjoining property. In 2004, the Hunter's Pass Estates PUD/preliminary plat was approved as a coved subdivision. In light of access restrictions onto 70th Street and MacIver, as well as several environmental constraints presented by the site (shoreland restriction, extensive wetland constraints), the City approved lot size flexibility through the PUD. . Through the Hunter's Pass Estates plat review, the City Engineer outlined a number of transportation improvements that must be established as part of the plat. There will be a significant street improvement at the intersection of Large Avenue and 70th Street with proper stacking distance extending into the subdivisions to the south. This intersection falls on the shared property line of Hunter's Pass Estates and Towne Lakes. To facilitate the intersection improvements, the City sought the cooperation of Towne Lakes through a plat revision to implement the Large Avenue design components. This intersection would potentially be a signalized intersection looking at the long range future planning. In recognition of the smaller lots approved in Hunter's Pass Estates, Towne Lakes has requested PUD flexibility in lot area and lot width. The original preliminary plat showed 19 lots. The revised plat requests 22 lots for a gain of three lots for Towne Lakes. Mr. Hempel stated that when they originally platted Towne Lakes they never envisioned 70th Street to be a major thorough fare road. The requirements of Large Avenue were not of concern when we platted. Since then we learned of the ~-mile requirements of the County. MOTION BY Council Member Fay, seconded by Council Member Rich to approve the Findings of Fact and Decision for the Albertville-Towne Lakes - Preliminary Plat Amendment. Motion carried with Mayor Peterson and Council Member Berning voting nay. .. ---ZONING TEXT AMENDMENT - SECTIONS 1000.9 (D) AND 5000.4 - HIGH WATER ELEVATION AND SUBDIVISION TEXT AMENDMENT - SECTION A-600.4 (A) - HIGH WATER ELEVATION City Planner Brixius stated that it has been brought to our attention by the City Engineer that the City has a number of regulations pertaining to separation from high water elevations for structures . within the City of Albertville. They noted that the separation from high water elevations vary from 9 section to section with some contradiction. The City Engineer suggests separations be uniform and . that in areas that do not abut a lake, the reference should not be to lowest floor but to lowest opemngs. We have identified the various sections that pertain to high water elevation. The following is a summary of Zoning and Subdivision Ordinance provisions, which reference building separations from high water elevations. It is to be noted that only Section 604 of the Subdivision Ordinance represents reference to lowest opening of the structure. All other sections refer to lowest floor, including basement of the structure. Council member Berning asked about the Prairie Run Addition. He had recently visited the site and it was poor construction. It looked as ifthe streets were about six (6) feet higher than the lots. In some areas it seemed there was additional fill to bring the lots up. Then to consider building a walkout on those lots would be right up to the ponds. Dean Johnson tried to explain that there is some water still sitting on the site. He has had numerous conversations of piping out the water. Where you currently see water standing on the site it will not be there when it is completed. Mr. Johnson stated they will be correcting a few drainage problems related to the Commercial site. MOTION BY Council member Klecker, seconded by Council member Berning to approve the Zoning Text Amendments for Sections 1000.9 (d) and 5000.4 and Subdivision Section A-600.4- High Water Elevation. Motion carried unanimously. . ZONING TEXT AMENDMENT - SECTION 1000.15 - REFUSE City Planner Brixius commented that through the codification process, it was noted that there are inconsistencies between Section 5-1-2 of the City Code and the Zoning Ordinance related to trash handling equipment and refuse removal. Attached please find modified language for Section 5-1-2 of the City Code to correct this issue. We will also be suggesting modifications to Appendix A with future comments. MOTION BY Council member Fay, seconded by Berning to approve the Zoning Text Amendments for the Section 1000.15 - Refuse. Motion carried unanimously. ZONING TEXT AMENDMENT - SECTION 100.10 - DEVELOPMENT ApPLICATION FEES City Planner Brixius stated that due to a recent State statute, development application fees are required to be published as a City ordinance. Currently, the City of Albertville establishes the development application fees by Resolution of the City Council, thus an ordinance amendment to set up development fees within the City's Zoning Ordinance is in order. Additionally, a development fee schedule should be introduced into the proposed ordinance in order to clearly display required fees. This development application fee ordinance shall be reviewed and updated annually. -- --- --- - __uu_ _ u___ The existing language within the City's Zoning Ordinance, Section 100.10, and the proposed new language, which would establish development application fees by way of a zoning ordinance. . 10 . . MOTION BY Council member Berning, seconded by Council member Klecker to approve the Zoning Text Amendment for Section 100.10 - Development Application Fees. Motion carried unanimously. ZONING TEXT AMENDMENT - SECTION 1400 - BUILDING RELOCATION City Planner Brixius again stated that as a part of the codification process, it has been determined that provisions surrounding the relocation of buildings currently exist in both the City Code as well as the Zoning Ordinance and should be clarified and regulated through one, not both, of these adopted documents. Because the relocation of buildings is mostly a land use issue, this process should be regulated within the Zoning Ordinance. Council asked if the relocation of a building would require Council's approval. Mr. Brixius informed the Council that a building relocation should be dealt with as a conditional use permit (CUP) in order to maintain the utmost public safety and quality control regulations within the City. The razing of buildings is currently a CUP but is proposed to be handled through the Building Code demolition permit. MOTION BY Council member Fay, seconded by Council member Klecker to approve the Zoning Text Amendment for Section 1400 - Building Relocation. Motion carried unanimously. SIGN CODE AMENDMENT - SECTION 10.1.C - COMMERCIAL GltOUND SIGNS City Planner Brixius shared with the Council that part of the City codification efforts the following sign ordinance change is suggested. Commercial Freestanding Signs Additionally, it has been proposed to add a maximum area size to free-standing, commercial ground signs due to longer lot frontages within the City's commercial zoning districts. The current formula for determining allotted sign area will remain, but we suggest having a size cap in place to maintain appropriately sized signs in all districts. The maximum area of 250 square feet has been discussed and is offered by the Planning Commission for the Council's approval. MOTION BY Council member Berning, seconded by Council member Fay to approve the Sign Code Amendment for Section 1 O.I.c - Commercial Ground Signs. Motion carried unanimously. POTTER WETLAND APPEAL City Attorney Couri asked the Council if they wanted to participate in the appeal process on the Potter Wetland. Should the Council decide to participate it would defend or support their decision made regarding the wetland on Potter's property. Council wanted to know what would be involved should they want to participate in the appeal. . -----City Attorney Courisaid it would iIivolvewnting a brief on why and what the City decided. Couri reminded them the position was the 60-day ruling. It was a resolution in which the Council passed. Mr. Couri stated that he has not seen any of the official paperwork. Mr. Couri said it is a rare occasion that a 3rd party is concerned with the 60-day ruling. . 11 Council then wanted to know what would the cost be if we participated. . Mr. Couri estimated the cost at $2,000 to $5,000 with funds coming form the General Fund. MOTION BY Council member Fay, seconded by Council member Klecker to not participate in the Potter Wetland Appeal. Motion carried unanimously. GUARANTY COMMERCIAL TITLE, INC. REQUEST TO EXTEND TIME FRAME TO FILE PRAIRIE RUN PLAT City Attorney Couri stated that when the developer went to record the Prairie Run Final Plat and Developer's Agreement they discovered there were some outstanding Green Acre Taxes. The developer proceeded to get the taxes resolved. Since it is past the 120-day ruling for recording of the plat and agreement it is considered void. The Council may grant the extension, if they decide not to it would require the developer to go through the developing process again. City Attorney Couri recommended granting the extension with a date certain for completion. Having a definite date would give the developer the extension and the City would know it should be completed by a certain date. If you do not allow the extension, the plat is voided and goes through the full process. Mayor Peterson asked where we stand with the Developer's Agreement. Has the owner complied with the requests in regards to the removal of the barn, sheds, building, pile of manure on the east side of County Road 19, etc. . Mr. Couri did not have an answer regarding the barn, sheds, buildings and other items. MOTION BY Council member Berning, seconded by Council member Klecker to approve the extension to file the Prairie Run Plat with a certain date of January 31, 2005. Motion carried unanimously. ENGINEERING PROPOSAL TO DEVELOP A CITY TRAIL MAP FOR THE EXISTING TRAIL SYSTEM IN THE CITY Assistant City Engineer Moberg stated that at the request of City staff, SEH submit this proposal to develop a trail map for the existing trail system in the City. Trail corridors to be mapped include LaBeaux Avenue (CSAH 19), Jason Avenue (CSAH 18), Karston Avenue, Barthel Drive, 50th Street, 57th Street, 61 st Street, and 65th Street (CSAH 37). Trails in Oakside Park will also be mapped. Trail segments will be mapped on existing street mapping. Bituminous trails and concrete sidewalks will be shown. We will produce four copies of full-size (24-inch x 36-inch) and ten copies of half- .___size (II-inch x 17-inch) maps for City use. We propose to provide the services identified above for a maximum not-to-exceed amount of $1,000. Our services will be provided on an hourly basis at our standard billing rates, including reimbursable expenses. . 12 . . . MOTION BY Mayor Peterson, seconded by Council member Berning to hold offuntil after the 1 st of the year. Motion carried unanimously. PROPOSAL FOR MUD LAKE WATER CROSSING (TRUNK FuND PROJECT) Assistant City Engineer Moberg commented the letter proposal for professional services related to designing a water main crossing of Mud Lake. The crossing is necessary to serve the proposed Hunter's Pass Estates development, which is anticipated to proceed with construction in 2005. The crossing of Mud Lake would be made to interconnect the proposed development with the Towne Lakes development. Our proposed scope of services will include: 1. Topographic survey on the west side of Mud Lake. 2. Geotechnical investigation of the proposed crossing route. Soil borings will be taken in late January 2005 when ice thickness is at maximum depth. Soil borings will be performed by Braun Intertec. 3. Preparation of a geotechnical report based on results of the soil borings. 4. Selection of alignment, profile, and construction method for the crossing. 5. Preparation of final plans and specifications for construction. We anticipate the Hunter's Pass Estates developer will incorporate the plans and specifications for the water main crossing into their bidding documents and that construction will be done as a single project. Council wanted to know what Hunter's Pass Estates intentions are. Are they serious about continuing with the development of the project or not? City Administrator Kruse stated the Developer is waiting for a response from the City on how much the Developer will have to contribute towards MacIver and 70th street. The City Engineer is working on this information and should be ready in the near future. MOTION BY Mayor Peterson, seconded by Council member Berning to hold offuntil after the First of the year. Motion carried unanimously. RESOLUTION No. 2004-51 (RESOLUTION REALLOCATING A PORTION OF THE AsSESSMENT FOR CSAHI9bwROVEMENT~ Assistant City Engineer Moberg addressed the Council in regards to reallocating a portion of an assessment for the improvement on CSAH 19 Improvements. CPDC has requested the City re- allocate assessments amongst their property. City Administration and the City Attorney recommend the reallocation. MOTION BY Council member Rich, seconded by Council member Fay to approve Resolution No. 2004-51 for Re-a1locating a Portion of the Assessment for CSAH 19 Improvements. Motion carried unanimously. 13 LEGAL . SHOPPES AT PRAIRIE RUN DEVELOPER'S AGREEMENT City Attorney Couri presented the Council with the Planned Unit Development/Conditional Use Agreement for the Shoppes at Prairie Run. Mr. Couri shared with the Council that, Kyler Avenue will be an interim road installed to allow the developer to proceed with construction of the site. The developer is aware that spring 2005 the City will complete the installation of Kyler Avenue. The City will be block the entrance for a period of time for completion, which the developer is aware of. They will not obtain a CO until after Kyler Avenue has been completed. Council asked if there would be crossover parking within the site. City Planner Brixius confirmed that there would be crossover parking within the site. MOTION BY Council member Berning, seconded by Council member Klecker to approve the Planned United Development/Conditional Use Agreement for the Shoppes at Prairie Run. Motion carried unanimously. REVISED ALBERT VILLAS MONUMENT SIGN AGREEMENT City Attorney Couri addressed the Council on the Monument Sign Agreement for the Albert Villas Development. Council wanted to know where we are at with collecting the fees the city has incurred for the development. . Mr. Couri explained that we continue to deal with the collection of the fees. MOTION BY Mayor Peterson, seconded by Council member Rich to table the Albert Villas Monument Sign Agreement. WATER TRUNK ORDINANCE - SEWER TRUNK ORDINANCE - DEVELOPMENT FEE ORDINANCE City Attorney Couri stated that due to a recent State Statute, fees are required to be published as a City Ordinance. Currently, the City of Albertville establishes the fees by Resolution of the City Council, thus an ordinance amendment to set up fees within the City's Ordinances is in order. Additionally, a development fee schedule should be introduced into the proposed ordinance in order to clearly display required fees. This development fee ordinance shall be reviewed and updated annually. Mr. Couri brought to the Council's attention that the Pysk Development was accessed for Sewer Trunk Charge along with Dynamics in the Barthel Industrial Park. MOTION BY Council member Fay, seconded by Council member Rich to approve the Ordinance No. 2004-24 (Water Access Charge). Motion carried unanimously. MOTION BY Council member Fay, seconded by Council member Rich to approve Ordinance No. 2004-25 (Sewer Trunk Access Charge). Motion carried unanimously. . 14 . . . ----I MOTION BY Council member Klecker, seconded by Council member Berning to approve the Ordinance No. 2004-22 (Development Fees). Motion carried unanimously. AUTHORIZE THE CITY ATTORNEY TO INITIATE FILING A LAWSUIT AGAINST EDINA DEVELOPMENT FOR COLLECflON OF DELINQUENT BILLINGS AND SEEK COMPLIANCE ON WETLAND ISSUES City Attorney Couri reviewed the status of the collection of Edina Developments delinquent billings. Mr. Couri stated that Edina Development has paid the planners and developers fees for all developments with exception of current billings. Engineering bills remain delinquent for all additions except the 6th Addition. Ifwe file a complaint against Edina Development, Couri feels comfortable with our facts on the legal side. City Administrator Kruse and I have heard a few of the Edina's arguments but not all of them. Mr. Couri would anticipate it would go to mediation at which point the two parties (ie. City and Edina Development) would hope to come to an agreement for completion of the work and payment. If an agreement cannot be reached, then it will probably go to a jury trial. It is Edina Development contention that there is not enough backup information supporting the Engineering billings. During construction the City required full time inspection and often times full time inspection was not always necessary, and so the inspectors time was split between jobs. It is primarily when the City's inspector's jockeyed between jobs and allocation of inspection costs is where Edina disagrees. The City Engineer reported that overall inspection and construction oversight was far less than would be anticipated at approximately 3.5%. City Attorney Couri is comfortable that the City has a good case. Couri stated that when there is a dispute over a contract the court usually will require Edina Development to pay the City's Attorney fees if the Court award in the City's favor. However, if it is a partial verdict, the City may be responsible for the City's attorney fees. City Administrator Kruse stated Edina has been in contact with the Developer of Kenco and Pilot and are looking for a similar discount. What Edina does not realize is the facts are much different. Pilot's and Kenco's billings are much older and clouded by the changes in ownership. With Edina Development, the billings are less than four years old and the issues are very limited and are centered around the engineering billings. Assistant City Engineer Moberg stated wetland mitigation issues continue to go unresolved and staff also recommends proceeding with compliance in this area. MOTION BY Mayor Peterson, seconded by Council member Klecker to authorize the City Attorney to proceed with filing a lawsuit with Edina Development and pursue compliance on wetland mitigation issues. Motion carried unanimously. CITY ADMINISTRATION WRITTEN REPORT City Admiriisfrator Kruse addressed theCouncil by briefly reviewing his report. Towne Lakes lights - all of the underground work (wiring, foundations, etc) has been completed and they are waiting for Wright-Hennepin to install the poles. 15 Mr. Kruse requested Lieutenant Dan Anselman to submit a written letter on options for 2005 coverage to be included in your January 3,2005 Council packet. . Mr. Kruse shared with the Council that included in their packet was a proposal from Community Partners to host a forum for the City Council, Planning Commission and staff to discuss downtown issues related to redevelopment of downtown properties such as the Eull Concrete property, the Albertville Mill elevator, a residential partial north of City Hall and properties north ofCR 37. DOWNTOWN NEIGHBORHOOD DEVELOPMENT PROPOSAL WORKSHOP (COMMUNITY PARTNERS) City Administrator Kruse stated that he has worked extensively with Dave Maroney of Community Partners on similar issues and recommend his firm to facilitate this discussion. Mr. Maroney will help us understand the dynamics of redevelopment, what financial tools like tax increment financing are available to assist implementation. MOTION BY Council member Berning, seconded by Council member Fay to table the discussion of redevelopment with Community Partners until the January 3, 2005 Council meeting. AUTHORIZE THE FINANCE DIRECTOR TO CLOSE FuNDS City Administrator Kruse brought to the Council's attention the 2003 Audited Financial Statements noted that the City of Albertville closed Inactive Capital Funds. Further review of the capital accounts shows there are 22 funds that are no longer active. What staff is recommending is an official Council action on the issue even though by accepting the Audited Financial Statements the closing of the funds were approved. Basically what we are trying to accomplish is to clean up of the Financial Reports. . MOTION BY Council member Berning, seconded by Council member Klecker to approve Resolution No. 2004-43 (Resolution Closing Certain Funds -listed below). Motion carried unanimously. 406 421 426 427 428 429 430 432 435 440 444 446 . -- 447 448 449 451 452 TIF #6 Fraser Steel Barthel Ind. Drive and 52nd St. North Frontage Rd. Summerfield Addition NE Sewer & Water Extension CSAH 19/37 Intersection Parkside 3rd addition Parkside 4th addition Cedar Creek Ind. Park Parkside Commercial Park Psyk's Fire Hall 57th St. Improvement CSAH 19 Improvement 62nd Street Improvement Mooney Addition Traffic Light . 16 . . . 454 SW Lift Station 457 Heuring Meadows 460 WWTF Expansion 461 Towne Lakes Lift Station 464 Albertville Business Park AUTHORIZE THE FINANCE DIRECTOR TO TRANSFER AND DESIGNATION OF FuNDS City Administrator Kruse said that currently the City of Albertville has a significant Sewer Access Fund Balance that needs to be designated and transferred for projects. The un-audited balance for December 15, 2004 for the SAC Fund was $5,768,868.11. The funds need balances designated and/or transferred for projects so they are not in the General Fund and Special Revenue Reserves as Undesignated. The undesignated or unreserved balances give a false impression that the City of Albertville has no projects for these monies in mind and just carries an excess balance. Council had some reservation with the amounts and designating the funds to the certain funds. Council wanted to reduce Resolution No. 2004-44 to 25% and to reduce the numbers on Resolution No. 2004-45 and Resolution No. 2004-50. MOTION BY Mayor Peterson, seconded by Council member Rich to approve Resolution No. 2004-44, entitled A Resolution Transferring SAC Funds and amend the amount to $525,000 as on file in the office of the City Clerk. Motion carried unanimously. MOTION BY Mayor Peterson, seconded by Council member Klecker to approve Resolution No. 2004-45, entitled A Resolution Transferring SAC Funds as on file in the office of the City Clerk. Motion carried unanimously. MOTION BY Mayor Peterson, seconded by Council member Klecker to approve Resolution No. 2004-46, entitled a Resolution Transferring General Funds as on file in the office of the City Clerk. Motion carried unanimously. MOTION BY Mayor Peterson, seconded by Council member Klecker to approve Resolution No. 2004-47 entitled a Resolution Designating General Funds as on file in the office of the City Clerk. Motion carried unanimously. MOTION BY Mayor Peterson, seconded by Council member Klecker to approve Resolution No. 2004-48 entitled A Resolution Designating Park Funds as on file in the office of the City Clerk. Motion carried unanimously. MOTION BY Mayor Peterson, seconded by Council member Klecker to approve Resolution No. 2004-49 entitled a Resolution Designating SAC Funds as on file in the office of the City Clerk. Motion carried unanimously. MOTION BY Mayor Peterson, seconded by Council member Klecker to approve Resolution No. 2004-50 entitled a Resolution Designating SAC Funds amending the designation to $625,000, as on file in the office of the City Clerk. Motion carried unanimously. 17 CITY HALL AND WASTEWATER TREATMENT FINANCING City Administrator Kruse addressed the Council regarding how they would like to proceed with the . financing of the new City Hall and the expansion of the Wastewater Treatment Plant. Council wanted to hold off on this issue until 2005. JOINT MEETING WITH CITY OF ST. MICHAEL City Administrator Kruse asked if the City wanted to provide a couple dates to meet with St. Michael. Council commented that there is a Joint meeting set on Monday, January 31, 2005 with the STMA School Board, City of St. Michael and City of Albertville at the STMA School Board Room and that in the interim the two Mayors and City Administrators could meet informally CROSSWALK- ST. ALBERT'S PARISH Council member Berning addressed the council regarding painting a crosswalk or putting up some flashing lights from the Albertville Fire Hall to the Parish Center. The Parish staff is concerned with religion classes and the students walking across in the evening. Staff will review and report back to council. ALBERTVILLE FRIENDLY CITY DAYS QUEEN'S FLOAT Council member Berning - representing the Albertville Friendly City Days Committee asked if the Queen's Committee could use the old maintenance garage to work on the Queen's float. It is a . number of years old and needs some work. The committee has no other place big enough to work on it. The consensus of the Council was to allow it for a defined period of time such as a month or five weeks. W ALKING PATHS - TRAILS Council wanted to know the process for installation of the trails on CR 37 and 57th Street. They would like to install "no motorized vehicle" signs on the trails. It was brought to the Council attention that the City of Otsego has banned snowmobilers in some portions of Otsego. City Planner Brixius will check with the City of Otsego regarding the banning of snowmobilers, whether it is throughout the whole city or just a portion. OTHER BUSINESS. MINUTES AND MATERIALS SELECTION OF THREE ARCHITECTURAL FIRMS TO SCHEDULE A TIME TO LISTEN TO THEIR MARKETING PRESENTATION AT 6:30 P.M. MONDAY, JANUARY 10, 2005 City Administrator Kruse asked the Council if they would like to hold a special meeting to listen to the marketing presentation from the architectural firms with the goal to select an architect. The Council agreed to move forward and requested staff set up time. . 18 .. . . MOTION BY Council member Beming, seconded by Council member Klecker to set a special meeting for Monday, January 10,2005 at 6:30 p.m. to select an architect for City Hall. Motion carried unanimously. MOTION BY Council member Beming, seconded by Council member Klecker to temporarily adjourn the regular City Council meeting to a closed session to discuss pending lawsuit with PilotlKenco regarding delinquent developer billings. Motion carried unanimously. PILOT/KENCO DELINQUENT DEVELOPER BILLINGS Mayor Peterson closed the meeting at 11: 11 p.m. Mayor Peterson reconvened the meeting at 12:00 a.m. ADJOURNMENT MOTION BY Mayor Peterson, seconded by Council member Beming to adjourn at 12:05 p.m. Motion carried unanimously. Don Peterson, Mayor Bridget Miller, City Clerk 19 . . . CITY OF ALBERTVILLE 12/29/04 11 :38 AM Page 1 *Check Summary Register@ Name 10100 Premier Bank Paid Chk# 020847 AFLAC Paid Chk# 020848 ALLlNA MEDICAL CLINIC Paid Chk# 020849 ARAMARK UNIFORM SERVICES Paid Chk# 020850 BUSINESS FORMS & Paid Chk# 020851 BUSINESSWARE SOLUTIONS Paid Chk# 020852 CARQUEST Paid Chk# 020853 COBORN'S Paid Chk# 020854 COURI & MACARTHUR Paid Chk# 020855 DENNIS FEHN GRAVEL & Paid Chk# 020856 DJ'S HEATING &AlC Paid Chk# 020857 DJ'S TOTAL HOME CARE Paid Chk# 020858 DON'S AUTO & REPAIR Paid Chk# 020859 EARL F. ANDERSON, INC. Paid Chk# 020860 ELAN FINANCIAL SERVICES Paid Chk# 020861 GLACIER RIDGE COMPUTING Paid Chk# 020862 GOPHER STATE ONE-CALL Paid Chk# 020863 H & R CONSTRUCTION Paid Chk# 020864 HALLMAN OIL COMPANY-FUEL Paid Chk# 020865 HENNEN CONSTRUCTION Paid Chk# 020866 HEWLETT-PACKARD COMPANY Paid Chk# 020867 INSPECTRON INC. Paid Chk# 020868 JOHN'S AUTO ELECTRIC II, INC Paid Chk# 020869 KRCMA, CHUCK Paid Chk# 020870 LANNES, TINA Paid Chk# 020871 LARSON PUBLICATIONS Paid Chk# 020872 MATT BULLOCK CONTRACTING, Paid Chk# 020873 MEINY'S DIGGERS Paid Chk# 020874 BRIDGET MILLER Paid Chk# 020875 NEXTEL COMMUNICATIONS Paid Chk# 020876 OFFICE MAX Paid Chk# 020877 OMANN BROTHERS Paid Chk# 020878 PINNACLE PRINTING, INC. Paid Chk# 020879 PITNEY BOWES Paid Chk# 020880 PREMIER 94 TRUCK SERVICES Paid Chk# 020881 S & K CONTRACTING, INC Paid Chk# 020882 S.E.H. Paid Chk# 020883 SENTRY SYSTEMS, INC. Paid Chk# 020884 SPRINT- MO Paid Chk# 020885 STEFFENS BROS. MEATS, INC. Paid Chk# 020886 T & S TRUCKING OF BUFFALO Paid Chk# 020887 TOSHIBA AMERICA INFO SYS Paid Chk# 020888 WRIGHT-HENNEPIN Paid Chk# 020889 BUILDING CODES & Paid Chk# 020890 DEPUTY REGISTER Paid Chk# 020891 MBPT A Paid Chk# 020892 MGFOA Paid Chk# 020893 SAFETY TRAIN Paid Chk# 020894 SENTRY SYSTEMS, INC. Paid Chk# 020895 UNIVERSITY OF MINNESOTA Paid Chk# 020896 VISIONARY SYSTEMS, L'-~n Check Date 1/312005 1/3/2005 1/3/2005 1/3/2005 1/3/2005 1/3/2005 1/3/2005 1/3/2005 1/3/2005 1/3/2005 1/3/2005 1/3/2005 1/3/2005 1/3/2005 1/3/2005 1/3/2005 1/3/2005 1/3/2005 1/312005 1/312005 1/3/2005 1/3/2005 1/312005 1/3/2005 1/3/2005 1/3/2005 1/3/2005 1/3/2005 1/3/2005 1/3/2005 1/3/2005 1/3/2005 1/3/2005 1/3/2005 1/3/2005 1/3/2005 1/3/2005 1/3/2005 1/3/2005 1/3/2005 1/3/2005 1/3/2005 1/3/2005 1/3/2005 1/3/2005 1/3/2005 1/3/2005 1/3/2005 1/3/2005 1/3/2005 Total Checks January 2005 Check Amt $16.16 AFLAC Insurance Prem $102.00 Innumization, Vaccine for MW $169.84 Uniform Serv - Par1<s Dept $168.08 W2, 1099 Forms and Env. $3,488.94 Server Equipment $923.77 air filters/oil filters $18.30 Cake DR $11,510.00 Shoppes @Towne Lakes One $439.26 Crushed Concrete (main break) $47.92 Amune Ignitor $121.66 Lthr glove, magnet ceramic blo $38.58 Fuel $42.52 bracket set $319.62 Supplies $369.76 cash drawerlreceipt printer/ f $273.70 Locates - Sewer Dept $1,785.00 F & I Signs to Signal System A $732.70 greese, drum, 10 W 30,15 W 40 $1,514.40 WWTP Bid Pmt # 3 Final $5,366.54 Monitor $5,175.00 Oct & Nov 04 Services $34.48 bushings, drive, labor $1,303.97 Overpmt Utility Bill $1,739.12 Education $413.91 Sign Ordinance Amendments $1,557.30 Pmt # 3 Final 03A1bert Villas $565.00 repair water leak, backhow, bo $30.00 MCFOA mtg, Elections mtg $521.59 nextel phones $90.53 fax print plnppr, memo cub, pe $1,750.00 material & labor street patch $972.35 Security envelopes, regular en $204.00 Postage Machine Rental $3,026.72 o-ring, replace steel suction $946.50 SW comer of Main Ave & Cr 37 $53,796.44 2000 Towne Lakes Development $591.08 New PW Facility system $1,529.89 Taxes and SurCharges $50.00 holiday certificate $100.00 Sweeping 50th Street Dec 10 $496.16 Copier Lease Agreement $171.65 Par1<s $35.00 Bldg code Seminar 3106 $194.00 Register 2 utility trailers $30.00 Annual Membership Dues $40.00 Annual Dues $750.00 Annual safety training fee 200 $45.36 Service 01/05 PW $70.00 MBPTA Seminar Bldg Dept $595.00 Firehouse Software Support Con $104,273.80 21 CITY OF ALBERTVILLE 12/29/04 11 :43 AM Page 1 . Payments Current Period: December 2004 Batch Name ap011204 Payment Computer Dollar $102,514.44 Posted Refe 4850 AFLAC AP Payment G 101-21710 Other Dedueations AFLAC Insurance Prem $16.16 Invoie 584707 12/22/2004 Transaction 12/28/2004 Due 0 Accounts Payable 20200 Total $16.16 Refe 4851 ALLlNA MEDICAL CLlN/C AP Payment E 101-42000-305 Medical- Physicals Innumization, Vaccine for MW $102.00 Invoie 81163163 12/1/2004 Transaction 12/28/2004 Due 0 Accounts Payable 20200 Total $102.00 Refe 4852 ARAMARK UNIFORM SERVICES AP Payment E 601-49450-417 Uniform Rentals Uniform Serv - Sewage Depl $13.83 Invoie 629-5614327 12/21/2004 AP Payment E 101-43100-417 Uniform Rentals Uniform Serv - PW Depl $17.04 Invoie 629-5619126 12/21/2004 AP Payment E 101-43100-417 Uniform Rentals Uniform Serv - PW Depl $20.04 Invoie 629-5619124 12/21/2004 AP Payment E 601-49450-417 Uniform Rentals Uniform Serv - Sewage Depl $13.30 Invoie 629-5619124 12/21/2004 AP Payment E 101-45100-417 Uniform Rentals Uniform Serv - Parks Dept $19.95 Invoie 629-5619124 12/21/2004 AP Payment E 602-49400-417 Uniform Rentals Uniform Serv - Water Dept $13.30 Invoie 629-5619124 12/21/2004 --. AP Payment E 101-43100-417 Uniform Rentals Uniform Serv - PW Depl $17.04 Invoie 629-5614328 12/21/2004 AP Payment E 101-45100-417 Uniform Rentals Uniform Serv - Parks Dept $20.76 Invoie 629-5614327 12/21/2004 AP Payment E 602-49400-417 Uniform Rentals Uniform Serv - Water Dept $13.83 Invoie 629-5614327 12/21/2004 AP Payment E 101-43100-417 Uniform Rentals Uniform Serv - PW Depl $20.75 Invoie 629-5614327 12/21/2004 Transaction 12/28/2004 Due 0 Accounts Payable 20200 Total $169.84 Refe 4853 BUSINESS FORMS & ACCOUNTING AP Payment E 101-41400-200 Office Supplies W2, 1099 Forms and Env. $168.08 Invoie 33652 12/17/2004 Transaction 12/28/2004 Due 0 Accounts Payable 20200 Total $168.08 Refe 4854 BUS/NESSWARE SOLUTIONS AP Payment E 101-41940-580 Other Equipment Server Equipment $3,488.94 Invoie 138741 12/28/2004 Transaction 12/28/2004 Due 0 Accounts Payable 20200 Total $3,488.94 Refe 4855 CARQUEST AP Payment E 101-45100-404 Repair/Maint- air filters/oil filters $290.80 Invoie 0265824 12/16/2004 AP Payment E 101-43100-404 Repair/Maint- air filters/all filters $290.81 Invole 0265824 12/16/2004 AP Payment E 101-43100-215 Shop Supplies cabinet $342.16 Invoie 0266427 12/16/2004 . 22 . CITY OF ALBERTVILLE 12/29/04 11 :43 AM Page 2 Payments Current Period: December 2004 Transaction 12/28/2004 Due 0 Accounts Payable 20200 Total $923.77 Rete 4856 COBORN'S AP Payment E 101-41100-399 Miscellaneous Cake DR $18.30 Invole City 041 12/20/2004 Transaction 12/28/2004 Due 0 Accounts Payable 20200 Total $18.30 Rete 4857 COURt & MACARTHUR AP Payment E 473-49000-304 Legal Fees Prairie Run - Heuring $300.00 Invole 121704 12/17/2004 AP Payment E 101-41610-304 Legal Fees Mooney's 2nd Addition $2,160.00 Invole 121704 12/1712004 AP Payment E 101-41610-304 Legal Fees Philip Morris $90.00 Invole 121704 12/17/2004 AP Payment E 450-49000-304 Legal Fees Albert Villas 6 $180.00 Invole 121704 12/17/2004 AP Payment E 101-41600-304 Legal Fees council mtgs, staff mtgs, ordinance, $5,270.00 codification, etc. Invoie 121704 12/17/2004 AP Payment E 101-41610-304 Legal Fees Hunters Pass $390.00 Invoie 121704 12/1712004 AP Payment E 443-49000-304 Legal Fees Karston Cove 3 $270.00 Invoie 121704 12/1712004 AP Payment E 101-41600-304 Legal Fees Pilot Litigation $420.00 Invoie 121704 12/17/2004 . AP Payment E 101-41610-304 Legal Fees Outlet Mall Expansion $60.00 Invoie 121704 12/17/2004 AP Payment E 473-49000-304 Legal Fees Prairie Run - Gold Key $420.00 Invoie 121704 12/17/2004 AP Payment E 101-41610-304 Legal Fees Otsego Tool $120.00 Invole 121704 12/17/2004 AP Payment E 456-49000-304 Legal Fees Towne Lakes $90.00 Invole 121704 12/17/2004 AP Payment E 475-49000-304 Legal Fees Shoppes @ Towne Lakes One $30.00 Invole 121704 12/17/2004 AP Payment E 101-41610-304 Legal Fees Shoppes @ Prairie Run $1,230.00 Invoie 121704 12/17/2004 AP Payment E 101-41600-304 Legal Fees Potter $60.00 Invole 121704 12/1712004 AP Payment E 466-49000-304 Legal Fees Public Works Facility $30.00 Invole 121704 12/1712004 AP Payment E 101-41600-304 Legal Fees NE Water Trunk District $60.00 Invoie 121704 12/1712004 AP Payment E 473-49000-304 Legal Fees Heuring $30.00 Invole 121704 12/1712004 AP Payment E 473-49000-304 Legal Fees Prairie Run Improvements $180.00 Invole 121704 12/1712004 AP Payment E 445-49000-304 Legal Fees Albertville Crossings 3 $120.00 Invole 121704 12/1712004 Transaction 12/28/2004 Due 0 Accounts Payable 20200 Total $11,510.00 ---------------- Rete..__4859 DENNtSFEHN GRAVEL & __.. . 23 CITY OF ALBERTVILLE 12129/04 11 :43 AM Page 3 . Payments Current Period: December 2004 AP Payment E 602-49400-407 RIM - Water Mains screened sand (main break) $141.46 Invoie 15193 11/30/2004 AP Payment E 602-49400-407 RIM - Water Mains Crushed Concrete (main break) $297.80 Invoie 15187 11/30/2004 Transaction 12128/2004 Due 0 Accounts Payable 20200 Total $439.26 Refe 4860 DJ'S HEA TING & AlC AP Payment E 101-45100-405 Repair/Maint - Buildings Amune Ignitor $47.92 Invoie 121304 12113/2004 Transaction 12128/2004 Due 0 Accounts Payable 20200 Total $47.92 Refe 4861 OJ'S TOTAL HOME CARE CENTER AP Payment E 601-49450-210 Operating Supplies sheepskin glove $14.37 Invoie 878607 12/13/2004 AP Payment E 101-45100-405 Repair/Maint - Buildings propane cylinder $3.72 Invoie 881229 12/13/2004 AP Payment E 101-43100-215 Shop Supplies shipping $5.00 Invoie 878658 12/13/2004 AP Payment E 601-49450-210 Operating Supplies e1nr, aluminum, util knife, ete $40.28 Invoie 878907 12/13/2004 AP Payment E 101-43100-215 Shop Supplies sawzal blades $36.18 Invoie 880956 12113/2004 AP Payment E 601-49450-210 Operating Supplies Lthr glove, magnet ceramic block, filter air $22.11 Invoie 878562 12/13/2004 Transaction 12128/2004 Due 0 Accounts Payable 20200 Total $121.66 Refe 4862 DON'S AUTO & REPAIR . AP Payment E 602-49400-212 Motor Fuels Fuel $38.58 Invoie 30622 12/16/2004 Transaction 12/28/2004 Due 0 Accounts Payable 20200 Total $38.58 Refe 4863 EARL F. ANDERSON, INC. AP Payment E 101-43100-226 Sign Repair Materials bracket set $42.52 Invoie 0063644-IN 12/8/2004 Transaction 12/28/2004 Due 0 Accounts Payable 20200 Total $42.52 Refe 4864 ELAN FINANCIAL SERVICES AP Payment E 101-41400-200 Office Supplies office supplies,ppr, pens, ete $128.05 Invoie 1204 12118/2004 AP Payment E 466-49000-570 Office Equip and new PW bldg phones $91.57 Invoie 1204 12118/2004 AP Payment E 101-41400-200 Office Supplies Supplies $100.00 Invoie 1204 12118/2004 Transaction 12/28/2004 Due 0 Accounts Payable 20200 Total $319.62 Refe 4865 GLACIER RIDGE COMPUTING AP Payment E 101-41940-580 Other Equipment cash drawer/receipt printer/ for POS $369.76 Invoie 11054 12/24/2004 Transaction 12/28/2004 Due 0 Accounts Payable 20200 Total $369.76 Refe 4866 GOPHER STATE ONE-CALL AP Payment E 602-49400-209 Locates Locates - Water Dept $136.85 Invoie 4110124 11/30/2004 . 24 . CITY OF ALBERTVILLE Payments Current Period: December 2004 AP Payment E 601-49450-209 Locates Locates - Sewer Dept Invoic 4110124 11/30/2004 Transaction 12/28/2004 Due 0 Accounts Payable 20200 Total Refe 4867 H & R CONSTRUCTION COMPANY AP Payment E 467-49000-310 Other Professional F & I Signs to Signal System A & B Invoic 9919 12/17/2004 Transaction 12/28/2004 Due 0 Accounts Payable 20200 Total Refe 4868 HALLMAN OIL COMPANY-FUEL DIV AP Payment E 101-43100-404 Repair/Maint - greese, drum, 10 W 30,15 W 40, etc Invoic 148401 12/9/2004 Transaction 12/28/2004 Due 0 Accounts Payable 20200 Total Refe 4869 HENNEN CONSTRUCTION AP Payment E 400-47000-310 Other Professional WWTP Bid Pmt # 3 Final Invoic Pmt 3 12/23/2004 Transaction 12/28/2004 Due 0 Accounts Payable 20200 Total Refe 4870 HEWLETT-PACKARD COMPANY AP Payment E 101-41940-580 Other Equipment Monitor Invoic 37113651 12/22/2004 AP Payment E 101-41940-580 Other Equipment Server, memory, switch, data cart, ML350 G4,Raid 5, Etc Invoic 37244626 12/22/2004 . Transaction 12/28/2004 Due 0 Accounts Payable 20200 Total Refe 4871 INSPECTRON INC. AP Payment E 101-42400-300 Professional Srvs Oct & Nov 04 Services Invoic 1004 12/16/2004 Transaction 12/28/2004 Due 0 Accounts Payable 20200 Total Refe 4872 JOHN'S AUTO ELECTRIC II, INC AP Payment E 101-43100-404 Repair/Maint- bushings, drive, labor Invoic 1204 12/13/2004 Transaction 12/28/2004 Due 0 Accounts Payable 20200 Total Refe 4873 KRCMA, CHUCK AP Payment R 602-00000-37105 Water Sales - JPB Overpmt Utility Bill Invoic 123004 12/30/2004 AP Payment R 602-00000-37100 Water Sales - City Overpmt Utility Bill Invoic 123004 12/30/2004 Transaction 12/28/2004 Due 0 Accounts Payable 20200 Total Refe 4874 LANNES, TINA AP Payment E 101-41500-335 Education Education Involc 1204 12/28/2004 Transaction 12/28/2004 Due 0 Accounts Payable 20200 Total Refe 4875 LARSON PUBLICA TlONS AP Payment E 101-41100-351 Legal Notices PH Keeping of Animals Invoic 01522734-001 12/24/2004 AP Payment E 101-41100-351 Legal Notices HP Banners, Pen ants Invoic 01522732-001 12/24/2004 __________n_____n..._ . 12/29/04 11 :43 AM Page 4 $136.85 $273.70 $1,785.00 $1,785.00 $732.70 $732.70 $1,514.40 $1,514.40 $144.84 $5.221.70 $5.366.54 $5,175.00 $5,175.00 $34.48 $34.48 $1,007.00 $296.97 $1,303.97 $1,739.12 $1,739.12 $43.14 $50.53 25 CITY OF ALBERTVILLE Payments Current Period: December 2004 AP Payment E 101-41100-351 Legal Notices Sign Ordinance Amendments Invoie 01522658-001 12/24/2004 AP Payment E 101-41100-351 Legal Notices PH Refuse Invoie 01522735-001 12/24/2004 AP Payment E 101-41100-351 Legal Notices PH Fees, Charges Invoie 01522736-001 12/24/2004 AP Payment E 101-41100-351 Legal Notices PH Towne Lakes 3rd Invoie 01522741-001 12/24/2004 AP Payment E 101-41100-351 Legal Notices Water Treatment CUP Invoie 01522745-001 12/24/2004 AP Payment E 101-41100-351 Legal Notices PH Bldg Relocations Invoie 01522733-001 12/24/2004 Transaction 12/28/2004 Due 0 Accounts Payable 20200 Total Rete 4876 MA TT BULLOCK CONTRACTING, AP Payment R 201-00000-34705 Park Dedication Fees Pmt # 3 Final 03Albert Villas Park Grading Invoie 122104 12/21/2004 Transaction 12/29/2004 Due 0 Accounts Payable 20200 Total Rete _ 4877 MEINY'S DIGGERS AP Payment E 602-49400-408 RIM - Water Services repair water leak, backhow, bob cat, ete Invoie 4159 12/7/2004 Transaction 12/29/2004 Due 0 Accounts Payable 20200 Total Rete 4878 MILLER, BRIDGET AP Payment E 101-41400-331 Travel Expenses MCFOA mtg, Elections mtg Invoie 120804 12/8/2004 Transaction 12/29/2004 Due 0 Accounts Payable 20200 Total Rete 4879 NEXTEL COMMUNICA TlONS AP Payment E 101-42400-323 Nextel Radio Units nextel phones Invoie 718183318-037 12/23/2004 AP Payment E 101-43100-323 Nextel Radio Units nextel phones Invoie 718183318-037 12/23/2004 AP Payment E 101-41300-321 Telephone nextel phones Invoie 718183318-037 12/23/2004 AP Payment E 101-41400-323 Nextel Radio Units nextel phones Invoie 718183318-037 12/23/2004 AP Payment E 101-41500-323 Nextel Radio Units nextel phones Invoie 718183318-037 12/23/2004 AP Payment E 101-41500-323 Nextel Radio Units nextel phones Invoie 718183318-037 12/23/2004 AP Payment E 101-43100-323 Nextel Radio Units nextel phones Invoie 718183318-037 12/23/2004 AP Payment E 601-49450-323 Nextel Radio Units nextel phones Invoie 718183318-037 12/23/2004 AP Payment E 101-42400-323 Nextel Radio Units nextel phones Invoie 718183318-037 12/23/2004 AP Payment E 101-41400-323 Nextel Radio Units nextel phones Invoie 718183318-037 12/23/2004 AP Payment E 101-41400-323 Nextel Radio Units nextel phones Invoie 718183318-037 12/23/2004 12/29/04 11 :43 AM Page 5 . $93.58 $45.61 $44.33 $45.61 $49.25 $41.86 $413.91 $1,557.30 $1,557.30 $565.00 $565.00 $30.00 . $30.00 $42.01 $40.58 $49.15 $40.23 $40.23 $40.23 $68.01 $40.23 $40.23 $40.23 $40.23 . 26 . . . CITY OF ALBERTVILLE Payments Current Period: December 2004 AP Payment E 602-49400-323 Nextel Radio Units nextel phones Invoic 718183318-037 12/23/2004 Transaction 12/29/2004 Due 0 Accounts Payable 20200 Total Rete 4880 OFFICE MAX AP Payment E 101-41400-200 Office Supplies Print Paper Invoic 728964 12/14/2004 AP Payment E 101-41400-200 Office Supplies memo cub, pencil Invoic 650993 12/14/2004 AP Payment E 101-42400-200 Office Supplies tax print plnppr, memo cub, pencil Invoic 650974 12/14/2004 Transaction 12/29/2004 Due 0 Accounts Payable 20200 Total Rete 4881 OMANN BROTHERS AP Payment E 602-49400-407 RIM - Water Mains material & labor street patch Invoic 18838 12/13/2004 Transaction 12/29/2004 Due 0 Accounts Payable 20200 Total Rete 4882 PINNACLE PRINTING, INC. AP Payment E 101-41400-200 Office Supplies Security envelopes, regular envelopes,letter head Invoic 3932 12/17/2004 Transaction 12/29/2004 Due 0 Accounts Payable 20200 Total Rete 4883 PITNEY BOWES AP Payment E 101-41400-413 Office Equipment Postage Machine Rental Invoic 0787150-DC04 12/13/2004 Transaction 12/29/2004 Due 0 Accounts Payable 20200 Total Rete 4884 PREMIER 94 TRUCK SERVICES AP Payment E 101-43100-582 CIO - Misc. Equipment rockweil fid locker Invoic 0067355-IN 12/16/2004 AP Payment E 101-43100-404 Repair/Maint - o-ring, replace steel suction line on truck Invoic 0067088-IN 12/16/2004 Transaction 12/29/2004 Due 0 Accounts Payable 20200 Total Refe 4885 S & K CONTRACTING, INC AP Payment E 604-49660-406 RIM - Collection SW comer of Main Ave & Cr 37 Invoic 04-110 12/10/2004 Transaction 12/29/2004 Due 0 Accounts Payable 20200 Total Rete 4886 SENTRY SYSTEMS, INC. AP Payment E 466-00000-300 Professional Srvs New PW Facility system Invoic 416517 12/6/2004 Transaction 12/29/2004 Due 0 Accounts Payable 20200 Total Refe 4887 S.EH. AP Payment E 445-49000-303 Engineering Fees Alberville Crossings Invoic 0123818 12/9/2004 AP Payment E 473-49000-303 Engineering Fees Prairie Run Invoic 0123818 12/9/2004 AP Payment E 483-49300-303 Engineering Fees Precision Tune Invoic 0123818 12/9/2004 12/29/0411 :43 AM Page 6 $40.23 $521.59 $36.20 $6.43 $47.90 $90.53 $1,750.00 $1,750.00 $972.35 $972.35 $204.00 $204.00 $2,646.34 $380.38 $3,026.72 $946.50 $946.50 $591.08 $591.08 $32.50 $55.00 $110.00 27 AP Payment E 400-47000-303 Engineering Fees Invoic 0123818 12/9/2004 AP Payment E 101-41700-303 Engineering Fees CITY OF ALBERTVILLE Payments Current Period: December 2004 Invoic 0123818 12/9/2004 AP Payment E 476-49000-303 Engineering Fees Invoic 0123885 12/9/2004 AP Payment E 453-49000-303 Engineering Fees Invoic 0123814 12/9/2004 AP Payment E 456-49000-303 Engineering Fees Invoic 0123808 12/9/2004 AP Payment E 101-41700-303 Engineering Fees Invoic 0123923 12/9/2004 AP Payment E 450-49000-303 Engineering Fees Invoic 0123809 12/9/2004 AP Payment E 473-49000-303 Engineering Fees Invoic 0123884 12/9/2004 AP Payment E 476-49000-303 Engineering Fees Invoic 0123883 12/912004 AP Payment E 450-49000-303 Engineering Fees Invoic 0123812 12/9/2004 AP Payment E 443-49000-303 Engineering Fees Invoic 0123815 12/9/2004 AP Payment E 450-49000-303 Engineering Fees Invoic 0123810 12/9/2004 AP Payment E 475-49000-303 Engineering Fees Invoic 0123816 12/912004 AP Payment E 101-41700-303 Engineering Fees Invoic 0123813 12/9/2004 AP Payment E 456-49000-303 Engineering Fees Invoic 0123817 12/9/2004 AP Payment E 443-49000-303 Engineering Fees Invoic 0123882 12/9/2004 AP Payment E 101-42400-300 Professional Srvs Invoic 0123811 12/9/2004 Transaction 12/29/2004 Refe 4888 SPRINT- MO AP Payment E 101-41940-321 Telephone Invoic 1204 12/21/2004 AP Payment E 101-41940-321 Telephone Invoic 1204 12/21/2004 AP Payment E 101-42400-321 Telephone Invoic 1204 12/21/2004 AP Payment E 101-41940-321 Telephone Invoic 1204 12/21/2004 AP Payment E 101-43100-321 Telephone Invoic 1204 12/21/2004 AP Payment E 101-41940-321 Telephone Invoic 1204 12/21/2004 Parkside 3rd site plans, SACIWAC, 70th Street, Ordinance, codification 2004 CSAH 37 Bike Path Kollville Estates 3rd 2000 Towne Lakes Development WWTP Phase 2 Expansion Albertvillas 3rd Prairie Run School Pad & Bike Trail Albertvillas 6th Karston Cove 3rd A1bertvillas 4th The shoppes at Towne Lakes CSAG 37/194 Off Ramp Signal Towne Lakes 5th Karston Cove 3rd Lot serveys Due 0 Accounts Payable 20200 497-3106 Sprint Long Distance 497-2068 497-0452 497-0179 497-3758 12/29/04 11 :43 AM Page 7 . $110.00 $3,111.50 $17.74 $149.88 $91.41 $5,938.00 $1,320.59 $24,197.44 $4,715.39 $3,306.53 $3,403.41 $363.39 $310.54 . $243.37 $4,436.47 $83.28 $1,800.00 $53,796.44 $50.03 $21.52 $105.25 $30.00 $39.95 $52.93 - ---.-----.-------- Total . 28 . CITY OF ALBERTVILLE 12/29/04 11 :43 AM Page 8 Payments Current Period: December 2004 AP Payment E 601-49450-321 Telephone 497-1888 $26.82 Invole 1204 12/21/2004 AP Payment E 101-41940-321 Telephone 497-4182 $50.03 Invole 1204 12/21/2004 AP Payment E 101-41940-321 Telephone 497-3384 $409.92 Invoie 1204 12/21/2004 AP Payment E 101-42400-321 Telephone 497-7485 $50.03 Invole 1204 12/21/2004 AP Payment E 101-43100-321 Telephone 497-0774 $30.00 Invoie 1204 12/21/2004 AP Payment E 101-41940-321 Telephone 497-3145 $39.95 Invole 1204 12/21/2004 AP Payment E 101-45100-321 Telephone 497-2215 $26.15 Invoie 1204 12/21/2004 AP Payment E 101-41940-321 Telephone 497-3210 $30.26 Invoie 1204 12/21/2004 AP Payment E 101-41940-321 Telephone Taxes and Surcharges $247.59 Invoie 1204 12/21/2004 AP Payment E 101-42000-321 Telephone 497-7474 $32.12 Invoie 1204 12/21/2004 AP Payment E 101-42400-321 Telephone 497-7416 $50.03 Invoie 1204 12/21/2004 AP Payment E 101-42400-321 Telephone 497-5106 $56.98 Invoie . 1204 12/21/2004 . AP Payment E 101-42400-321 Telephone 497-5007 $110.25 Invoie 1204 12/21/2004 AP Payment E 101-42000-321 Telephone 497-4836 $41.07 Invoie 1204 12/21/2004 AP Payment E 101-41940-321 Telephone 497-4214 $29.01 Invoie 1204 12/21/2004 Transaction 12/29/2004 Due 0 Accounts Payable 20200 Total $1,529.89 Rete 4889 STEFFENS BROS. MEATS, INC. AP Payment E 101-41300-200 Office Supplies holiday certificate $50.00 Invoie 121704 12/17/2004 Transaction 12/29/2004 Due 0 Accounts Payable 20200 Total $50.00 Rete 4890 T & S TRUCKING OF BUFFALO, INC AP Payment E 101-43100-227 Street Sweeping Sweeping 50th Street Dee 10 $100.00 Invoie 216 12/13/2004 Transaction 12/29/2004 Due 0 Accounts Payable 20200 Total $100.00 Rete 4891 TOSHIBA AMERICA INFO SYS INC AP Payment E 101-41400-413 Office Equipment Copier Lease Agreement $496.16 Invoie 40872384 12/19/2004 Transaction 12/29/2004 Due 0 Accounts Payable 20200 Total $496.16 Rete 4892 WRIGHT-HENNEPIN COOPERA T1VE AP Payment E 101-45100-381 Electric Utilities Parks $105.44 Invoie 122004 12/20/2004 AP Payment E 101-43160-381 Electric Utilities Street lighting - 58-59-60 S1. $50.63 Invoie 122004 12/20/2004 . 29 CITY OF ALBERTVILLE Payments Current Period: December 2004 AP Payment E 601-49450-381 Electric Utilities Towne Lakes Lift Station Invoic 122004 12/20/2004 Transaction 12/29/2004 Due 0 Accounts Payable 20200 Total Fund Summary BATCH Total 101 GENERAL FUND 201 PARK DEDICATION 400 CLOSED CAPITAL PROJECTS 443 KARSTON COVE 445 ALBERTVILLE CROSSINGS 450 ALBERT VILLAS 453 KOLLVILLE ESTATES 456 TOWNE LAKES 466 PUBLIC WORKS FACILITY 467 1-94 / CR37 TRAFFIC LIGHT 473 PRAIRIE RUN 475 TOWNE LAKES COMMERCIAL 476 SCHOOL PEDESTRIAN - BIKE TRAIL 483 FINN DANIELS 601 SEWER FUND 602 WATER FUND 604 STORM WATER Pre-Written Checks to be Generated by the Total 20200 Accounts Payable $47,050.63 $1,557.30 $1,624.40 $3,756.69 $152.50 $5,170.51 $149.88 $4,617.88 $712.65 $1,785.00 $25,182.44 $340.54 $4,733.13 $110.00 $323.37 $4,301.02 $946.50 $102,514.44 $0.00 $102,514.44 $102,514.44 12/29/04 11 :43 AM Page 9 $15.58 $171.65 $102,514.44 . . . 30 . . . CITY OF ALBERTVILLE *Check Detail Register@) 12/29/04 11 :30 A Page January 2005 Check Amt Invoice Comment 10100 Premier Bank Paid Chk# 020889 1/3/2005 BUILDING CODES & STANDARDS E 101-42400-208 Training and Instruction $35.00 G02 Total BUILDING CODES & STANDARDS $35.00 Paid Chk# 020890 1/3/2005 DEPUTY REGISTER E 101-41500-399 Miscellaneous $194.00 Total DEPUTY REGISTER $194.00 Paid Chk# 020891 1/3/2005 MBPTA E 101-42400-433 Dues and Subscriptions $30.00 Total MBPTA $30.00 Bldg code Seminar 3106 Register 2 utility trailers Annual Membership Dues Paid Chk# 020892 1/3/2005 MGFOA E 101-41500-433 Dues and Subscriptions $40.00 Annual Dues Total MGFOA $40.00 Paid Chk# 020893 1/3/2005 SAFETY TRAIN E 101-43100-433 Dues and Subscriptions $750.00 Annual safety training fee 200 Total SAFETY TRAIN $750.00 Paid Chk# 020894 1/3/2005 SENTRY SYSTEMS, INC. E 101-45100-405 Repair/Maint - Buildings $45.36 419954 Service 01/05 PW Total SENTRY SYSTEMS, INC. $45.36 Paid Chk# 020895 1/3/2005 UNIVERSITY OF MINNESOTA E 101-42400-208 Training and Instruction $70.00 LA 020795 MBPTA Seminar Bldg Dept Total UNIVERSITY OF MINNESOTA $70.00 Paid Chk# 020896 1/3/2005 VISIONARY SYSTEMS, L TD E 101-42000-560 Furniture and Fixtures $595.00 41026 Firehouse Software Support Con Total VISIONARY SYSTEMS, L TD $595.00 10100 Premier Bank $1,759.36 Fund Summary 101 GENERAL FUND 10100 Premier Bank $1,759.36 $1,759.36 31 . . . CITY OF ALBERTVILLE COUNTY OF WRIGHT RESOLUTION NO. 2005-01 A RESOLUTION ESTABLISmNG THE ANNUAL RETIREMENT BENEFIT FOR THE ALBERTVILLE VOLUNTEER FIRE DEPARTMENT EFFECTIVE JANUARY 1,2005 WHEREAS, the City Council of the City of Albertville is desirous of increasing the annual retirement benefit for the Albertville Fire Department effective January 1,2005; and WHEREAS, the City Council is committed to contribute $1,300 as the 2005 municipal contribution to the Albertville Fire Relief Association. NOW, THEREFORE, BE IT RESOLVED, the City Council of the City of Albertville hereby establishes the retirement benefit of the Albertville Fire Relief Association at $1,300 per year of service for all members based on their years of service as active Fire Department members. ADOPTED BY THE CITY COUNCIL OF THE CITY OF ALBERTVILLE THIS 3rd DAY OF JANUARY 2005. Don Peterson, Mayor Bridget Miller, City Clerk 33 . ~ SEH Memorandum TO: Larry Kruse Albertville City Administrator FROM: Robert Moberg, PE Project Manager DATE: December 23, 2004 RE: Albertville, MN Shoppes at Towne Lakes LetierofCreditReduction SEH No. A-ALBEV0406.00 I have reviewed the developer's request to reduce the Letter of Credit and I have also reviewed the work completed to date. Street (except wear course) and utility work have been completed. The majority of the landscaping work for the site has been completed. I recommend that the Letter of Credit be reduced from $255,600 to no less than $88,350. The remaining balance will be sufficient . to cover the cost of the remaining work. Please call me at 651.490.2147 if you have questions. nm c: Mike Couri, City Attorney Dave Hempel, CPDC x:lae\albev\commonI0406\kruse122304.doc . 35 . . . ~ SEH December 23,2004 RE: Albertville, Minnesota Towne Lakes 2nd Addition SEH No. A-ALBEV0306.00 Honorable Mayor and City Council Attn: Larry Kruse, City Administrator City of Albertville PO Box 9 5975 Main Ave NE Albertville, MN 55301-9776 Dear Mayor and Council Members: - On behalf of the City of Albertville, SEH recommends final acceptance of the public street and utility improvements installed with the 2nd Addition of the Towne Lakes deve~opment. All public improvements have been installed in accordance with the approved plans and specifications, and record drawings have been submitted by the developer's engineer. This recommendation applies only to the 2nd Addition of the overall development. Subsequent additions will be reviewed separately. We also recommend release of any financial securities (letters of credit, bonds, etc.) held by the City for the project. Please call me at 651 490.2147 if you have questions. Sincerely, Robert L. Moberg, PE Project Manager nm c: Dave Hempel, Contractor Property Developers Company Mike Couri, City Attorney x:\aelalbevlcommonllownelks2ndfn1accep1.doc 37 .~ SEH MEMORANDUM TO: Larry Kruse Albertville City Administrator FROM: Robert Moberg, PE Project Manager DATE: December 23, 2004 RE: Albertville, MN Towne Lakes 3rd Addition LeuerofCreditReduction SEHNo. A-ALBEV0310.00 . I have reviewed the developer's request to reduce the Letter of Credit and I have also reviewed the work completed to date. With the exception of wear course paving, all street and utility work has been completed. The majority of the landscaping work for the site has also been completed. I recommend that the Letter of Credit be reduced from $354,000 to no less than $155,100. The remaining balance will be sufficient to cover the cost of the remaining work. Please call me at 651.490.2147 if you have questions. om c: Mike Couri, City Attorney Dave Hempel, CPDC x:\aelalbevlcOImnonlTLkks3rdLCRed122304.doc . 39 . . . CITY OF ALBERTVILLE COUNTY OF WRIGHT RESOLUTION NO. 2005-02 A RESOLUTION MAKING APPOINTMENTS TO CERTAIN OFFICES AND POSITIONS WITHIN THE CITY OF ALBERTVILLE FOR THE YEAR 2005 WHEREAS, it has been the policy of the Albertville City Council to make annual appointments to fill certain offices and positions with the city government at the beginning of each year. NOW, THEREFORE, BE IT RESOLVED that the City Council of Albertville, Minnesota, establishes the following: 1. That the following persons are appointed by the City Council to the following offices and positions for the year 2005: ACTING MAYOR: LeRoy Berning PLANNING COMMISSION: LeRoy Berning Tom Fay, Alternate ASSIST ANT WEED INSPECTOR: Tim Guimont CITY ATTORNEY: Couri & MacArthur CITY ENGINEER: Short Elliott & Hendrickson F.INANCIAL ADVISOR: Springsted, Inc. Northland Securities PLANNING CONSULTANT: Northwest Associated Consultants TAX INCREMENT CONSULTANTS: Briggs & Morgan Kennedy & Graven Community Partners BOND COUNSEL: Briggs & Morgan Kennedy & Graven ANIMAL CONTROL: Monticello Animal Control CML DEFENSE DIRECTOR: Fire Chief Steve Long 41 FIRE RELIEF ASSOCIATION Assistant Fire Chief Tate Mills . REPRESENTATIVES: Don Peterson Larry Kruse FIRE DEPT. REPRESENTATIVE I Don Peterson PUBLIC SAFETY COMMITTEE: Ron Klecker LeRoy Berning, Alternate Fire Dept. Representative OTSEGO CREEK AUTHORITY: Ron Klecker Tom Fay, Alternate Planning Commission Chair JOINT POWERS WATER BOARD: Don Peterson John Vetsch LeRoy Berning, Alternate JOINT POWERS ICE ARENA BOARD: Don Peterson Tom Fay OFFICIAL NEWSPAPER: North Crow River News OFFICIAL DEPOSITORIES: Highland Bank Dain Rausher . LMC 4M Fund Premier Bank State Bank of Rogers Northland Securities FTN Financial Miller Johnson Prudential Securities PUBLIC WORKS COMMITTEE: Tom Fay John Vetsch Tim Guimont PARKS COMMITTEE: LeRoy Berning Ron Klecker Tim Guimont PERSONNEL COMMITTEE: Don Peterson John V etsch---. ... RULES OF PROCEDURE: Robert's Rules of Order CABLE TV BOARD: Acting Mayor . 42 . . . 2. City Staff and/or Consultants will attend the boards, commissions and committee meetings as directed by the City Council. Staffwho is directed to attend meetings will be compensated based on the City's personnel policies or contractual agreements. Staffwho is not directed to attend will not be compensated for their attendance. Change City Council regular meeting dated conflicting with legal holidays as follows: Martin Luther King Day Monday, January 17,2005, to Tuesday, January 18,2005, at 7:00 PM. President's Day Monday, February 21,2005, to Tuesday, February 22,2005, at 7:00 PM. Independence Day Monday, July 4,2005, to Tuesday, July 5, 2005 at 7:00 PM Labor Day Monday, September 5, 2005, to Tuesday, September 6,2005, at 7:00 PM. That such appointment shall take effect on the date thereof and shall continue for the remainder of the year or until such time as a successor is appointed by the City Council. 3. 4. Adopted this 3rd day of January 2005 by the City Council of the City of Albertville Don Peterson, Mayor Bridget Miller, City Clerk 43 . . . CITY OF ALBERTVILLE COUNTY OF WRIGHT RESOLUTION NO. 2005-04 RESOLUTION SETTING FEES AND MISCELLANEOUS ITEMS WHEREAS the Albertville CitY Council sets the following fees by resolution, effective upon the date of passage of this resolution: Item Fee Amount(s) Fee for special council meeting $125.00 Returned check fee $20.00 + bank fees Special Assessment Deferment Income level Federal Poverty Level (no previous level) Liquor & wine licenses On sale liquor license Temporary on sale liquor Off sale liquor license Special license for Sunday liquor sales On sale wine license Clubs, 3.2% malt liquor license $2,800.00 $200.00 (none previous) $100.00 $200.00 $100.00 $30.00 (previously $10) Coin-operated amusement device license fee $30.00 per device Bingo license $25.00 per year Garbage hauling license fee $50.00 Cigarette License fee $50.00 Rental of Lion's Park Shelter, per day (Residents) Shelter, per day (Non-residents) Ball field by Softball Leagues Softball Tournament (three days) $100.00 plus damage depositn-------- $200.00 plus $100 damage deposit $50.00 per team per season $300.00 Copies $0.25 per copy 45 Fence permit fee Comprehensive plan Comprehensive park plan Standard detail plates Zoning/Subdivision/Sign ordinance Recycling bin (replacement) Special assessment search Massage enterprise license & investigation fees Massage therapist individual license fee Cable system franchise application fee Open burning nuisance abatement fee Dog license fee Dog tag replacement fee Dog impoundment & redemption fees (in addition, all impoundment, transport and boarding fees incurred by the City must be paid) $10.00 $75.00 $50.00 $25.00 $40.00 $10.00 $20.00 $300.00 per enterprise (none previously) $50.00 per therapist (none previously) $500.00 plus City expenses (none previously) $200.00 (none previously) $15.00 annually (previously $6) $5.00 (none previously) 1 st impoundment 2nd impoundment Subsequent impoundments $20.00 $50.00 $100.00 . . . 46 . Water Rates (bimonthly): Joint Powers portion Safe Water Test fee $.88 flat fee 0-6,667 gallons $13.67 minimum bill 6,668-13,335 gallons $2.11 per 1,000 gal. over 6,667 13,336-23,335 gallons $2.17 per 1,000 gal. over 13,335 23,336-33,335 gallons $2.22 per 1,000 gal. over 23,335 Over 33,336 gallons $2.27 per 1,000 gal over 33,335 City of Albertville portion 0-6,667 gallons $4.20 minimum bill 6,668-13,335 gallons $.65 per 1,000 gal. over 6,667 13,336-23,335 gallons $.70 per 1,000 gal. over 13,335 Over 23,336 $.75 per 1,000 gal. over 23,335 Sewer Rates (bimonthly) 0-10,000 gallons $28.84 minimum bill Over 10,000 gallons $3.24 per 1,000 gal. over 10,000 . Storm Water rates (bimonthly) Storm Water 1 Residential $2.84 flat fee Storm Water 2 Residential $3.94 flat fee Storm Water 3 Residential $7.09 flat fee Non-residential impervious 0-5% $4.46 per acre Non-residential impervious 6-35% $8.40 per acre Non-residential impervious 36-65% $11.81 per acre Non-residential impervious 66-100% $21.26 per acre Water meter test fee $50.00 (previously $5) Water shut-off fee $35.00 (none previously) Water turn-on fee $35.00 (none previously) Sewer tap fee $250.00 Privij,te sewage disposal system permifTee $1 oo~OO(ri()rie previously) Private sewage disposal system inspection fee $100.00 (none previously) . 47 Rental unit license and inspection fees . Single family detached residential $100.00 ($30 previously) Single family attached residential $50 per building + $50 per unit ($40 previously for duplex) Apartment Buildings $150 per building + $10 per unit (previously $20 per building + $8 per unit) Building maintenance and occupancy appeal fee $100 plus City expenses (none previously) Business sign permit fee Per building permit fee schedule Advertising Device (Billboard) permit fee $75.00 per sign face Advertising Device (Billboard) annual renewal fee $75.00 per sign face Temporary sign permit fee $50.00 Swimming pool permit fee - Per building permit fee schedule Temporary outdoor seasonal sales permit fee $50.00 (none previously) Home occupation license fee $30.00 (none previously) . Land excavation/grading permit fee $50.00 plus City's expenses Adopted this 3rd day of January 2005 by the City Council of the City of Albertville. Don Peterson, Mayor Bridget Miller, City Clerk . 48 . . . ENCROACHMENT AGREEMENT AGREEMENT made this day of , 2005, by and between the CITY OF ALBERTVILLE, a Minnesota municipal corporation ("City"); and Wayne and Lisa Mary Hoglund, husband and wife, the residents of 11646 Laketowne View, Lot 1, Bk 8 in the Plat of Towne Lakes as recorded in the Office of the Wright County Recorder ("Resident"). 1. BACKGROUND. The City owns public park land in the City of Albertville, County of Wright, State of Minnesota ("subject Park Land")., Resident wishes to construct both a landscaped flower bed and a fence which would encroach within the subject Park Land. 2. ENCROACHMENT AUTHORIZATION. The City hereby approves the encroachment within the subject Park Land for the coristruction of a landscaped flower bed and a fence by the Resident. 3. HOLD HARMLESS AND INDEMNITY. In consideration of being allowed to encroach within the subject Park Land, the Resident, for themselves, their heirs and assigns, hereby agree to indemnify and hold the City harmless from any and all liability or expense caused in whole or in part by the encroachment of the flower bed and fence onto the subject Park Land including, but not limited to, liability for death or injury to persons, damage to property, and legal expenses in defending any claim brought to enforce any such liability or expense. 4. TERMINATION OF AGREEMENT. The City may, at its sole discretion, terminate this Agreement at any time by giving the Resident thirty (30) days advance written notice to Resident at the address listed below. The Resident shall remove the flower bed and fence by the effective date of the termination of this Agreement. If the Resident fails to do so the City may remove the encroachment and bill the Resident for the costs of removal. Resident agrees to pay all such costs within thirty (30) days of billing by the City. Further, if Resident fails to pay said amounts, then the City may specially assess such costs against Resident's lot listed below. Resident knowingly and voluntarily waives all rights to appeal said special assessments under Minnesota Statutes section 429.081. Resident has the right to request time sheets or work records to verify said billing prior to payment.. 5. MAINTENANCE. Residents agree keep the flower bed and fence in good repair at its sole expense. 49 6. property. RECORDING. This Agreement shall be recorded against the title to the subject CITY OF ALBERTVILLE Donald Peterson, Mayor Bridget Miller, Clerk PROPERTY OWNERS Wayne Hoglund, Property Owner Lisa Mary Hoglund, Property Owner STATE OF MINNESOTA ) ) ss. COUNTY OF WRIGHT ) The foregoing instrument was acknowledged before me this day of , 2005, by Donald 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 ) ) ss. COUNTY OF WRIGHT ) The foregoing instrument was acknowledged before me this day of 2005, by Bridget Miller, as Clerk of the City of Albertville, a Minnesota municipal corporation, on behalf of the city and pursuant to the authority of the City Council. Notary Public . . . 50 . . . STATE OF MINNESOTA ) ) ss. COUNTY OF WRIGHT ) The foregoing instrument was acknowledged before me this day of 2005, by Wayne Hoglund and Lisa Mary Hoglund, husband and wife, residents and property owners of Lot 8, Block 1 of the Plat of Towne Lakes as recorded in the Office of the Wright County Recorder. Notary Public DRAFTED BY: Contractor Property Developers Company 3030 Centre Pointe Dr., Suite 800 Roseville, MN 55113 (651) 556-4520 \~c\IIolMIbatviIk__~CIIMIOO' AGREEMENfIlopal.DOC 51 ~ . ~~~'!'!ill€ MEMORANDUM Date: December 31,2004 To: City Council From: Larry R. Kruse, City Administrator Re: General Update 1. WRIGHT COUNTY ECONOMIC DEVELOPMENT PARTNERSHIP ANNUAL MEETING The Board of Directors has invited us to the 2005 Annual meeting to be held on January 21st, 2005 at Silver Springs Golf Course in Monticello, 7:45 a.m. to 9:30 a.m. RSVP by January 14th. Let me know if you would like to attend 2. 2005 NATIONAL LEAGUE OF CITIES CONFERENCE March 11-15 in Washington DC. For detail check out he web site at www.nlc.org. With the pending 1-94 ramp project; this may be an opportune time to do some lobbying for our project . 3. CODIFICATION UPDATE We will finalize our staff review and comments and mail the code to Sterling in mid to late January. 4. CITY HALL TOUR The 2004 Council all toured Delano and Hugo's City Hall and would like to extend an invitation to John Vetch to tour prior to our January 10th meeting. Let me know if anyone else wants to come along. From comments that 1 heard, the Council felt the tour was a good experience to see what other Cities have done regarding City Hall construction recently. 5. YEAR END ACCOUNTING Finance Director Lannes and 1 have been competing year-end accounting activities. . 53 ~ · ~~~r.!!iJL€ Memorandum Date: December 30,2004 To: City Council From: Larry R. Kruse Re: Hockey Scheduling on outdoor rinks I received the following email from Doug Foster. What are the Council's wishes? Larry, . Sandy has been trying to get us some outdoor ice in Albertville and so far I we have not heard anything back. I've attached the ice that St. Michael has give us for the season. What we need is an earlier hour such as 6:00-7:00 M-F for our Squirt and 10 & Under girls team (9 & 10 year olds). Can we get this hour each night. We need at least 5 hours per week. If we could get II-Ion Saturdays would help also. Thank you, Doug Foster . 55 W"tun t ~UUN I Y SHERIFF'S OFFICE GARYL. MILLER SHERIFF . Don Undell Chief Deputy Dave Miller, Captain Operations Gary Tortln, Captain Jail Administrator 10 2nd St. NW, RM 170 Buffalo, Minnesota 55313-1197 1-800.362.3667 Fax: 763-682-7610 December 28, 2004 Albertville Mayor & City Council 5875 Main Avenue NE P,O, Box 9 Albertville, MN 55301 Dear Mayor and Councilors: V' . -*'0' fJ~~. .. 't..'i ~~~ \... 3 ~ 4Y 78156 Communications 763-682-1162 AdmInistration 763-682-7620 Records 763-682-7622 Civil 763-682-7646 Warrants 763-682-7688 Investigation 763-682-7633 Jail Admin. 763-682-7662 VICtim Assist. 763-684-4537 Please consider this correspondence a summation of the infonnation and recommendations presented at the public safety workshop on August 11 Ill. Albertville continues to grow and develop a vigorous and active business district. A portion of the retail and entertainment industry you are developing is attracting a customer base that is regional in scope, This is a very positive factOr for the retail industry, but it . does present some challenges when it comes to traffic, crime and generally "keeping the peace". In addition to your loCal development, the surrounding communities and the county as a whole is continuing to experience exponential growth. This fact has a direct impact on traffic patterns in and through your city. . Another factor to be considered in examining your public safety needs is the demographic presented by our "newer" citizens, and the expectations they have when itcomes to safety issues. A younger demographic, including the young families that are attracted to the amenities Albertville has to offer, is proven to be a much greater "consumer' of the services of law enforcement. These young parents often express a desire for a more visible law enforcement presence in their neighborhoods and community, and are very traffic enforcement oriented. in their requests for service. . All of these factors weigh into my recommendation that your city increase its contract coverage by eight hours daily beginning July 1 ,200S.This increased coverage will allow for double coverage during the P<'ak. activity perlodof the~y, butit willalso allow for some flexibility in scheduling resources with special issuesastheYareiden.tified. To use an overused tenn, this will allow for a m proactive approach to addressing issues before they become a crisis. I thank you for your consideration of this recommendation. Respectfully, Gary L. Miller . . . . 6:00 PM Call to Order by Vice Chairperson Wayne Kessler Board Members Present: Joyce Paullin, Tom Hagerty, Gerhardt Kottke, Tom Fay Board Members Absent: Don Peterson Staff Present: Chris Catlin, H.R. Green, Kelly Browning, Veolia Water NA; Shelly Keyes, Veolia Water NA Staff Absent: None MOTION BY PAULLIN, SECOND BY HAGERTY, TO ADOPT THE AGENDA AS PRESENTED. MOTION CARRIED UNANIMOUSLY. There was no one present under the Citizen Forum. MOTION BY PAULLIN, SECOND BY FAY, TO APPROVE THE MINUTES OF THE NOVEMBER 22,2004 REGULAR MEETING. MOTION CARRIED UNANIMOUSLY. MOTION BY PAULLIN, SECOND BY KOTTKE, TO APPROVE THE CONSENT AGENDA AS PRESENTED. MOTION CARRIED UNANIMOUSLY. Under Unrmished Business, George Eilertson of Northland Securities discussed the possibility of refinancing the 1999 Series General Obligation Water Revenue Bond. Eilertson explained that current interest rates would offer an approximate $370,000 debt service savings. Kessler noted that he supported the refinancing to obtain lower interest rates but new city council members may require further information. There was some discussion in regards to the options of bonding through one of the member cities versus the Joint Powers Board bonding themselves. Catlin questioned the amount of savings difference between a general obligation bond and a revenue bond, since the Board can only deal with revenue bonds. Eilertson stated that there could be a difference of up to 2%, depending on market conditions and the member cities' credit rating. Kessler asked about the rate on the existing bond and Eilertson stated the rate is now around 5.5%. Eilertson also noted the refinancing could be combined with new project financing, reducing overall costs of issuance. Browning noted that while compiling the 2005 budget, staff was concerned with higher than anticipated construction costs and timing of new project expenses in relation to anticipated WAC and user fees. Eilertson suggested a meeting with JPWB staff, engineer and city administrators to discuss refinancing options. MOTION BY HAGERTY, SECOND BY PAULLIN TO INVITE CITY ADMINISTRATORS TO MEET WITH JPWB STAFF, ENGINEERS AND NORTHLAND SECURITIES FOR DISCUSSION OF REFINANCING THE CURRENT BOND AND BONDING FOR CURRENT AND UPCOMING PROJECTS. MOTION CARRIED UNANIMOUSLY. In other Unrmished Business, Browning explained the issue of monthly WAC fee payments had ~ been discussed with each city and no further action was required. Under New Business, Browning discussed the 2005 fee schedule. Proposed Supply Connection Fee rates were increased by 7.6% based on the Construction Cost Index with regard to current debt 59 service and upcoming capital improvements. Proposed User fees were increased by 4.1 % based on the Skilled Labor Index. This is in line with and follows the same basis that St. Michael used for . their 2005 fee schedule. Hydrant use permit fees were increased by $20 and the deposit amount increased by $500 to cover costs of replacing and maintaining equipment associated with hydrant use. Staff Meter Read fees were increased by $5 to provide greater incentive for customers who don't return meter cards for 4 quarters. Late fees and fees for Certification to taxes were increased from 8% to 18%, along with a $5 minimum charge per supply service, as greater incentive to pay utility bills. MOTION BY HAGERTY, SECOND BY KOTTKE TO APPROVE THE PROPOSED 2005 FEE SCHEDULE. MOTION CARRIED UNANIMOUSLY. In other New Business, Browning requested Board approval to consult with the attorneys regarding collection policies for final bills and also to review the Joint Powers Operating Agreement between member cities. The operating agreement needs to be modified to represent current procedures, along with appropriate resolutions and ordinances in place for the Board and each member city. Keyes added that accurate information from the attorney regarding legal collection practices would be helpful to pursue delinquent builder, residential and rental property finals. MOTION BY HAGERTY, SECOND BY FAY TO APPROVE DISCUSSION OF BILLING POLICIES AND NEEDED AMENDMENTS TO THE JOINT POWERS BOARD OPERATING AGREEMENT WITH THE BOARD'SATTORNEY AND CITY ADMINISTRATORS. MOTION CARRIED UNANIMOUSLY. Additional New Business included two policy changes, one to increase late fees to 18% and one authorizing staff to issue one discretionary bill adjustment up to $100 provided there is sufficient evidence to support the adjustment. MOTION BY HAGERTY, SECOND BY PAULLIN TO . APPROVE THE JOINT POWERS OPERATING POLICY AMENDMENTS AS PRESENTED. MOTION CARRIED UNANIMOUSLY. Further New Business discussed the Joint Powers 2005 budget. Browning explained that most of the expenses were fixed amounts, while income figures were projected based on last year's income and each city's anticipated connection fees for 2005. MOTION BY PAULLIN, SECOND BY KOTTKE TO APPROVE THE 2005 BUDGET AS PRESENTED. MOTION CARRIED UNANIMOUSLY. Other New Business addressed the final billing dispute presented for 11608 Meadowbrook Avenue NE. Board Members agreed the existing policy is in place to cover administrative costs of switching service from one customer to another and should remain in place. MOTION BY HAGERTY, SECOND BY KESSLER TO UPHOLD THE CURRENT POLICY FOR MINIMUM BILLS. MOTION CARRIED UNANIMOUSLY. Under Engineering, Catlin recommended payment of Pay Estimate Number Four for $14,065.09 to LaTour Construction for Tower Overflow and Raw Watermain. MOTION BY KOTTKE, SECOND BY FAY TO APPROVE PAY ESTIMATE #4 TO LATOUR CONSTRUCTION IN THE AMOUNT AS PRESENTED. MOTION CARRIED UNANIMOUSLY. Catlin recommended payment of$35,458.75 to J.R. Ferche on Pay Estimate Number Five for work completed on Well #7 Valve Station. MOTION BY FAY, SECOND BY PAULLIN TO APPROVE . 60 . . . PAY ESTIMATE #5 TO J.R. FERCHE IN THE AMOUNT AS PRESENTED. MOTION CARRIED UNANIMOUSLY. Catlin recommended payment of $20,700.00 to CB&I on Pay Estimate Number Thirteen for work completed on Water Tower #2. MOTION BY KESSLER, SECOND BY HAGERTY TO APPROVE PAY ESTIMATE #13 TO CB&I IN THE AMOUNT AS PRESENTED. MOTION CARRIED UNANIMOUSLY. Catlin also discussed the purchase ofland for Tower #3. The purchase has been completed with easements granted for roadway and utility corridors. The new property has been combined with the adjacent Joint Powers property at the city's request and assigned one property identification number. No action required by the Board at this time. Catlin thanked outgoing Board Members Kessler and Hagerty for their support over the years. Browning echoed his sentiments and expressed her and staff's gratitude for their support and encouragement. Paullin also added her appreciation of the guidance offered by Kessler and Hagerty, and expressed best wishes to both, as well as outgoing Board Member Fay. Under Operations/Office, there were no items to discuss. MOTION BY PAULLIN, SECOND BY KOTTKE, TO APPROVE THE LIST OF CLAIMS AS PRESENTED. MOTION CARRIED UNANIMOUSLY. MOTION BY PAULLIN, SECOND BY FAY, TO ADJOURN AT 6:55 P.M. MOTION CARRIED UNANIMOUSLY. Recording Secretary 61 . . . ~ ~~~r.!.'!iJL€ Planning & Zoning Commission Minutes December 14, 2004 Albertville City Hall 7:00 PM CALL TO ORDER - ROLL CALL - ADOPT AGENDA PRESENT: Chair Sharon Leintz, Commission members Frank Kocon, Dan Wagner, Scott Dorenbush, Tiffany Meza, Council Liaison LeRoy Berning, City Planner Al Brixius, Building Official/Zoning Administrator Jon Sutherland and City Clerk/Secretary Bridget Miller Chair Leintz called the Planning and Zoning Commission meeting of the City of Albertville to order at 7:00 p.m. MOTION BY Commission mertlber Kocon, seconded by Commission member Meza to approve the agenda as presented. Motion carried unanimously. MINUTES Amend the November 9, 2004 minutes as follows: Page 3 MOTION BY Commission member Dorenbush, seconded by Commission member Meza to continue the public hearing to the December 14, 2004 meeting at 7:00 p.m. for the High Water Elevation pending additional information on Kurth's questions. Motion carried unanimously. MOTION BY Commission member Wagner, seconded by Commission member Dorenbush to approve the amended minutes. Motion carried unanimously. PUBLIC HEARINGS CONTRACTOR PROPERTY DEVELOPMENT COMPANY-AMENDMENT TO TOWNE LAKES PLANNED UNIT DEVELOPMENT/PRELIMINARY PLAT FOR OUTLOT G, TOWNE LAKES 3RD ADDITION Chair Leintz opened the public hearing at 7:02 p.m. In Spring of2003, The City of Albertville approved a planned unit development (PUD) and preliminary plat for Phase II of Towne Lakes, which included the Vetsch property north of School Lake and east of County Road 19. The northeastern portion of this PUD/preliminary plat was designed with R-IA, 15,000 square foot lots with the intention that this land use and lot pattern would continue eastward into the adjoinjng property. In 2004, the Hunter's Pass Estates PUD/preliminary plat was approved as a coved subdivision. In light of access restrictions onto 70th Street and MacIver, as well as several environmental 63 constraints presented by the site (shoreland restriction, extensive wetland constraints), the City . approved lot size flexibility through the PUD. Through the Hunter's Pass Estates plat review, the City Engineer outlined a number of transportation improvements that must be established as part of the plat. There will be a significant street improvement at the intersection of Large Avenue and 70th Street with proper stacking distance extending into the subdivisions to the south. This intersection falls on the shared property line of Hunter's Pass Estates and Towne Lakes. To facilitate the intersection improvements, the City sought the cooperation of Towne Lakes through a plat revision to implement the Large Avenue design components. . Towne Lakes is requesting an amendment to their original PUD and preliminary plat to facilitate the new street design. Additionally, the applicant wishes to pursue some lot area and width flexibility to transition their large lots with the smaller lots in Hunter's Pass Estates. In review of the Hunter's Pass Estates plat, it became apparent that Large Avenue, which lies between Hunter's Pass Estates and Towne Lakes, had to be designed as a major intersection with 70th Street. As part of the Hunter's Pass Estates approval, the western portion of the plat had to be revised to accommodate the following: 1. Large Avenue shall be located at the half-mile spacing from County Road 19 and MacIver. 2. This intersection is intended to be a full movement intersection with a future signal. _ . 3. Large Avenue right-of-way between 70th Street and Lakewood Drive shall be 80 feet. 4. Large Avenue between 70th Street and Lakewood Drive must provide a minimum of 180 feet of separation to accommodate traffic stacking at the intersection. 5. Lakewood Drive in Towne Lakes must align with streets in Hunter's Pass Estates. 6. Lakewood Court should be extended to connect with streets in Hunter's Pass Estates. The proposed revised Towne Lakes preliminary plat and Hunter's Pass Estates plat accomplish the aforementioned street design criteria. In recognition of the smaller lots approved in Hunter's Pass Estates, Towne Lakes has requested PUD flexibility in lot area and lot width. The original preliminary plat showed 19 lots. The revised plat requests 22 lots for a gain of three lots for Towne Lakes. Based on our review of the requested amendment to the Towne Lakes PUD/preliminary plat, conditions have changed since the 2003 approval, City staff recommends approval of the plat and .. requested PUD flexibility subject to the following conditions: 1. The applicant and Hunter's Pass Estates enter into a development agreement that stipulates that subdivision that first extends to Large Avenue shall fully construct Large Avenue to . 64 . . . City design standards. The other subdivision shall agree to pay for its' half share of Large Avenue within 60 days of street completions. 2. The applicant shall submit revised grading, drainage, and utility plans that reflect the changes to the preliminary plat. Said plans shall be subject to review and approval of the City Engineer. 3. All past PUD performance standards approved with the original Towne Lakes preliminary plat shall be applied to this approval. 4. The adjacent developers convey the necessary lot remnants to each other to complete the subdivision. Commission member Dorenbush asked if the County came up with the entrance point for Large Avenue. Assistant City Engineer Moberg addressed the question by stating the original plat for Towne Lakes in 2003 had the exit onto 70th Street. In 2004 Hunter's Pass Estates presented their concept plan and preliminary plat. The County would like to keep the access points to be ~-mile ap8;rt. Commission members asked if the City knew what the land north of 70th Street was zoned in Otsego. Staff reported that the land to the north of 70th Street in conjunction to these two preliminary plats have similar zoning. Otsego wants to keep County Road 19 to be zoned commercial and then phase in to residential. Commission members wanted to know if the Towne Lakes and Hunter's Pass Estates developers had met to discuss these issues and are in agreement with what is being proposed. City Planner Brixius confirmed that the two developers had met along with the engineers to work on an agreement for the access point onto 70th Street and MacIver Avenue. Council liaison Berning noted the setbacks for Towne Lake's is not the same as in the Hunter's Pass Estates. City Planner Brixius said the Hunter's Pass Estates is a coving effect and that is why the setbacks are not as deep as Towne Lakes. Commission members asked what the street widths and sidewalks were for the two developments. They too appear not to match. -- ---- City Planner Brixius responded with adding it to the recommendations that both Towne Lakes and Hunter's Pass Estates Developer's Agreements have the same street and sidewalk widths. 65 Chair Leintz asked if there was anyone present regarding this public hearing. There was no one . present. Chair closed the public hearing at 7:16 p.m. MOTION BY Commission member Wagner, seconded by Commission member Dorenbush to approve the Amendment to Towne Lakes PUD/Preliminary Plat for Outlot G, Towne Lakes 3rd Addition with the five recommendations. Motion carried unanimously. 1. The applicant and Hunter's Pass Estates enter into a development agreement that stipulates that subdivision that first extends to Large Avenue shall fully construct Large Avenue to City design standards. The other subdivision shall agree to pay for its' half share of Large Avenue within 60 days of street completions. 2. The applicant shall submit revised grading, drainage, and utility plans that reflect the changes to the preliminary plat. Said plans shall be subject to review and approval of the City Engineer. 3. All past PUD performance standards approved with the original Towne Lakes preliminary plat shall be applied to this approval. 4. The adjacent developers convey the necessary lot remnants to each other to complete the subdivision. . 5. The applicant and Hunter's Pass Estates enter into an agreement that all residential street widths will be a minimum of 28-feet. ZONING TEXT AMENDMENT - SECTIONS 1000.9(D) AND 5000.4 - HIGH W ATER ELEVATION SUBDIVISION TEXT AMENDMENT - SECTION A-600.4(A) - HIGH WATER ELEVATION Chair Leintz opened the public hearing at 7:24 p.m. City Planner Brixius stated that it has been brought to our attention by the City Engineer that the City has a number of regulations pertaining to separation from high water elevations for structures within the City of Albertville. They note that the separation from high water elevations vary from section to section with some contradiction. The City Engineer suggests separations be uniform and that in areas that do not abut a lake, the reference should not be to lowest floor but to lowest opemngs. City Planner Brixius informed the Commission that he invited Assistant City Engineer Bob Moberg to the meeting, as he would have more knowledge to address any questions or concerns you may have.- - m_u______ City Planner Brixius stated a need of clarification between the natural wetland ground floor elevation and other standard or man-made ground floor elevation. . 66 . . . Assistant City Engineer Moberg had reviewed the existing requirements for high water elevations in three neighboring communities. The communities and their requirements are as follows: 1. Rogers - Lowest opening elevation must be at least two (2)-feet above the 100-year water elevation or the emergency overflow elevation, whichever is greater. Lowest floor elevation must be above the normal water elevation of any adjacent water bodies. I don't believe the City has any special requirements pertaining to Shoreland districts. 2. Otsego - Lowest opening elevation must be at least 18 inches above the 100-year water elevation. Lowest floor elevation must be above the normal water elevation of any adjacent water bodies. The City does not have separate requirements for Shoreland districts. 3. St. Michael- Lowest opening elevation must be at least one (I)-foot above the emergency overflow elevation. The emergency overflow must be able to convey runoff from a lOOO-year rainfall event. Lowest floor elevation must be at least two (2)-feet above the 100-year water elevation. There are no special requirements for Shoreland districts. Zoning Administrator/Building Official Sutherland shared information with the Commission regarding Ms. Kurth's questions and comments noted in the November 9,2004 Planning miQ.utes. He commented on the statement of Ms. Kurth's stating there was a mote around her house. He informed the Commission that the 2002 flood had never affected Ms. Kurth's house. The reason she could not get to her house for a walk through is due to the fact that the two streets leading to her house were under water. You would have needed a boat or some other mode of transportation to get to the house. Mr. Sutherland addressed the comment from Ms. Kurth in regards to water on her lot. That was due to a leak in the water line, which has been repaired. Commission members brought to Mr. Sutherland's attention in regards to water coming through the walls of her house. Zoning Administrator/Building Official Sutherland stated that is a builder issue and has nothing to do with the City. Commission member Wagner wanted to know who reviews these standards when a developer submits an application with the City for it's review. Assistant City Engineer Moberg stated that when a developer comes before the Commission and Council, the engineer would review the plat. If applicable, the engineer would send a copy to the DNR to review. In some of the developments, the engineer may ask to add man-made ponds for water run-off, in which the City Engineer would review. If it gets into more complex areas involving wetlands or lakes, they begin looking at the NWL (Normal Water Elevation), then consider the next of which would be the HWL (High Water Elevation), and last would be the EOF (Emergency Overflow Elevation). 67 Once the developer gets plat approval by the Commission and Council the City Engineer would review and inspect the grading, drainage and erosion control. In residential developments, the City . Engineer would review the lot survey for each individual lot when a building permit is applied for. The City requires an additional lot survey in the form of an "as built" which the City Engineer reVIews. Commission member Dorenbush questioned why the Commission is looking over this ordinance? Is it because of the incident with the resident or something other? City Planner Brixius shared with the Commission that the City Engineer brought the issue to' his attention and a number of developers want to have walkouts. According to our current ordinance language, walkouts are prohibited. Chair Leintz asked if there was anyone present regarding this public hearing. There was no one present. Chair closed the public hearing at 8:15 p.m. MOTION BY Commission member Dorenbush, seconded by Commission member Wagner to approve the Zoning Text Amendment to Sections 1000.9(d) and 5000.4 - High Water Elevation Subdivision Text Amendment and Section A-600.4(a) - High Water Elevation. Motion carried unanimously. 1. Related to the Shoreland Overlay District, in conversation with the DNR Area Hydrologist . for Albertville, it was recommended that no changes occur within the Shoreland Overlay District. As such, within 1,000 feet of Mud Lake and School Lake, the Shoreland Overlay District high water elevation shall apply without change. 2. In Section 5000.4 (a), Wetlands System, the following changes are offered: (a) The lowest greood floor elevation shall be three (3) feet above the 100-year flood elevation or f()1:1f ( 4) three (3) feet above the ordinary high water mark of public waters regulated by Article 4900 (Shoreland Overlay District) of this Chapter, whichever is greater. 3. In Section A-600.4 (g) of the Subdivision Ordinance, the following changes are offered: (g) Drainage Courses. Lots abutting a drainage course, wetlOftd, ponding area, drainage way, or channel or stream shall have additional depth and width, as required under the provisions of the City Zoning Ordinance to assure building sites that are not subject to m______ . flooding. Lots abutting a lalte; pond or stream, watercourse or \";eHBn6 shall contain adequate lot area which is capable of accommodating a structure with its lowest opening (window or door) no less than two (2) feet above the highest known water level or no less than two (2) feet above the 100-year flood level or two-inches above the Emergency . 68 . . . Overflow Elevation, whichever is greater. In detennining the high water levels, Section 1000.9 (d) of the City Zoning Ordinance shall be followed. ZONING TEXT AMENDMENT - SECTION 1000.15 - REFUSE Chair Leintz opened the public hearing at 8:16 p.m. City Planner Brixius stated that as a part of the codification process it has been detennined that the provisions regulating trash handling and refuse removal were inconsistent between the City Code (Section 5-1-2) and the Zoning Ordinance (Section 1000.15). In order to correct this problem and avoid any duplication of these regulations, we have proposed removing the conflicting language from the Zoning Ordinance and regulating all trash and container and refuse removal requirements within the City Code. The intention of the City Code is to regulate all operational aspects of City provisions (in this case, trash and refuse removal) and the purpose of the Zoning Ordinance is to standardize land use elements (i.e., location and screening of refuse). Commission members stated there are a number of homes that are out of compliance. Will the qty be enforcing this? City Planner Brixius said the ordinance would be enforced if there were a complaint filed with the City. Chair Leintz asked if there was anyone present regarding this public hearing. There was no one present. Chair closed the public hearing at 8:30 p.m. MOTION BY Commission member Wagner, seconded by Commission member Meza to approve the Ordinance Amending Section 1100.15 (Refuse) of the Albertville Zoning Ordinance to Remove Language Which Conflicts with Language Regulating the Same Within the City Code. Motion carried unanimously. SECTION 1. Repeal Section 1000.15(a). SECTION 2. Renumber Section 1000.15(b) to Section 1000.15(a). SECTION 3. Enactment. This ordinance shall be in full force and effect upon its passage and publication. -ZONING TEXt AMENDMENT -SECTION 2300.1- KE~PING(jFANtMALS Chair Leintz opened the public hearing at 8:31 p.m. City Planner Brixius stated it has been revealed, through the City's codification process, that the ordinance regulating the keeping of animals (Section 2300.1) is no longer an appropriate allowance 69 within the city limits. Since the City is nearly fully-developed, regulations within Section 2300.1 . are no longer applicable as newer residential lot sizes are smaller and not conducive to the keeping oflarge farm animals. Existing livestock and farm animals within the A-I and A-2 Zoning Districts will be grandfathered-in as a permitted non-conforming use in those areas. In this respect, is has been proposed to repeal Section 2300.1 regarding the keeping of animals and renumber Section 2300.2 regarding the care of animals to 2300.1. Commission members wanted to know if there was a problem or some other reason why we are looking at this ordinance. City Planner Brixius pointed out there was very little left zoned A-lor A-2. In the southeast comer on 50th Street is a section ofland zoned A-I, small triangular jiece off of Jason Avenue near the Albert Villas Addition, and the Greenhaven Estates off of 60 Street and MacKenzie Avenue zoned A-2 which are left in the city limits. Chair Leintz asked if there was anyone present regarding this public hearing. There was no one present. Chair closed the public hearing at 8:42 p.m. MOTION BY Commission member Dorenbush, seconded by Commission member Meza to deny the Zoning Text Amendment to Section 2300.1 - Keeping of Animals. Motion carried unanimously. ZONING TEXT AMENDMENT - SECTION 100.10 - DEVELOPMENT APPLICATION FEES Chair Leintz opened the public hearing at 8:43 p.m. . City Planner Brixius commented that due to a recent State statute, development application fees are required to be published as a city ordinance. Currently, the City of Albertville establishes the development application fees by Resolution of the City Council, thus an ordinance amendment to set up development fees within the City's Zoning Ordinance is in order. Additionally, a development fee schedule should be introduced into the proposed ordinance in order to clearly display required fees. This development application fee ordinance shall be reviewed and updated annually. City Planner Brixius stated that the base fee is a sufficient amount to cover the cost for staff to prepare the publication of the public hearing, and mailing of the notices. Commission members asked to include a per lot fee with the PUD Concept Plan, PUD Re-Zoning, Preliminary Plat and Final Plat. City Planner Brixius wanted to bring to the Commission's attention the chart on page 46 of the packet where an analysis had been done to compare what other Cities are charging. Chair Leintz asked if there was anyone present regarding this public hearing. There was no one present. . 70 . Chair closed the public hearing at 9:07 p.m. MOTION BY Commission member Meza, seconded by Commission member Kocon to amend the Zoning Text Amendment to Section 100.10 - Development Application Fees. Motion carried unanimously. JOINT POWERS WATER TREATMENT PLANT - CONDITIONAL USE PERMIT: WATER TREATMENT PLANT EXPANSION Chair Leintz opened the public hearing at 9:08 p.m. City Planner Brixius stated that the Joint Powers Water Board of Albertville, St. Michael, and Hanover, has submitted an application for a Conditional Use Permit and St. Michael to allow for the building expansion and construction of a garage on the site located at 11100 50th Street. The subject site is approximately 2.4 acres and is bounded on the south by CSAH 35 (50th Street) and the St. Michael/Albertville High School on the east. To the north is a large wetland and land zoned as R-1 Single Family. The land directly west of subject site is also owned by the Joint Powers Water Board and operates as a well and pump house, office and ground storage reservoir. The applicant is proposing to expand an existing building and construct a garage on the site. A CUP is necessary for _ the alteration or expansion of the facility. . The site is currently zoned P/I, Public/Institutional. The purpose of the P/I District is to provide a specific zoning district for facilities devoted to serving the public and specialized governmental activities and semi-public uses. A Conditional Use Permit allows governmental and public regulated utility buildings, street garages and structures necessary for the health, safety, and general welfare of the community. Chris Katlin representing Joint Powers Water Board was present to answer any questions the commission may have. City Planner Brixius commented that there is a considerable wetland north of the site. It is about the size of a football field. It is a fair distance from the adjoining residential area. The north side of the building exterior elements would have little significant impact on the residents. Commission members asked about the bulk storage if it would be above ground or below. Mr. Katlin said that 99% of the bulk storage would be above ground. Commission member Wagner inquired about the door on the north side of the building, after reviewing the high water elevations, is that going to be a concern with the wetland on the site. -----Zoning AdtIlillistrilfoi Sutherland stated that the City Engin~er has reviewed the grading and-- drainage regarding this application and has approved it. . 71 Mr. Katlin informed the commission that since the building was originally built a number of years . ago they have been monitoring the water level and feel the door on the north side of the building should not be a problem. Chair Leintz asked if there was anyone present regarding this public hearing. There was no one present. Chair closed the public hearing at 9:25 p.m. MOTION BY Commission member Meza, seconded by Commission member Kocon to approve the Joint Powers Water Treatment Plant - Conditional Use Permit - Water Treatment Plant Expansion with the eleven recommendations. Motion carried unanimously. 1. A revised landscaping plan shall be submitted. Said plan shall outline the size, planting instructions, and other installation standards proposed for the site. The landscaping plan shall indicate the location of all exterior equipment and the proposed treatments to screen said uses. 2. A total of fifteen (15) new Black Hills Spruce trees shall be planted. These plantings shall be identified on the revised landscaping plan. 3. A two-year landscaping guarantee for all new plantings shall be required. 4. All roof equipment shall be properly screened and shall be in conformance with the Zoning Ordinance. . 5. Silt fencing and/or other erosion control measures shall be utilized and shall be subject to the review and approval of the City Engineer. Disturbed areas within the wetland perimeter shall be re-established with native vegetation from the wetland site. 6.. The fence and fence details shall be subject to the review and approval of the City. The fence shall not exceed the maximum size and height requirements of the Zoning Ordinance and match the existing fence. 7. A photometric plan and lighting details shall be submitted and are subject to the review and approval of the City. 8. Outdoor storage within the site shall be prohibited. 9. The grading, drainage and erosion control plan shall be subject to the review and approval of the City. 10. The applicant shall provide the City with copies of documents stating that the proposed use is ___~u_ in compliance with all agency requirements pertaining to the bulk storage of all gasoline, liquid fertilizer, chemical, flammable and similar liquids. 11. Additional comments from staff, Planning Commission, and/or City Council. . 72 . ZONING TEXT AMENDMENT - SECTION 1400 - BUILDING RELOCATION Chair Leintz opened the public hearing at 9:26 p.m. City Planner Brixius stated that as a part of the codification process, it has been determined that provisions surrounding the relocation of buildings currently exist in both the City Code as well as the Zoning Ordinance and should be clarified and regulated through one, not both, of these adopted documents. Because the relocation of buildings is mostly aland use issue, this process should be regulated within the Zoning Ordinance. Furthermore, building relocation should be dealt with as a conditional use permit (CUP) in order to maintain the utmost public safety and quality control regulations within the City. The razing of buildings is currently a CUP but is proposed to be handled through the Building Code demolition permit. Chair Leintz asked if there was anyone present regarding this public hearing. There was no one present. Chair closed the public hearing at 9:36 p.m. MOTION BY Commission member Meza, seconded by Commission member Wagner to amend the Zoning Text Amendment to Section 1400 - Building Relocation with the exception of Section 1400.2 noted below. Motion carried unanimously. . 1400.2. Conditional Use Permit Exceptions. The following uses do not need a Conditional Use Permit: (a) Relocated sheds, farm buildings, cribs and other farm structures within one property. (b) Relocation of construction sheds to be located on a lot for less than eighteen (18) months. (c) Residential sheds less than one hundred fifty (150) square feet in area. Relocated sheds, farm buildings, cribs and other farm structures within one property do not require a conditional use permit. Relocation of construction sheds to be located on a lot for less than eighteen (18) months requires no conditional use permit. SIGN CODE AMENDMENT - SECTION 9.1 - BANNERS, PENNANTS, STREAMERS, STRING OF LIGHTS, SEARCH LIGHTS SIGN CODE AMENDMENT - SECTION 10.1.C - COMMERCIAL GROUND SIGNS Chair Leintz opened the public hearing at 9:36 p.m. ~--_._---_..~---- -- City Planner Brixius shared that as part of the City codification efforts, the following sign ordinance changes are suggested. . Banners, Pennants, Streamers, Strings of Lights, Search Lights 73 Upon review of the City's Sign Ordinance it has been noted that the language in Section 9, Subd. 1 .. regarding the allowance of banners, pennants, streamers, strings of lights and searchlights does not clearly communicate what is permitted and what is not permitted. The purpose of the ordinance, which is not clearly communicated, is to restrict this type of signage unless it is related to the "grand opening" of a new commercial establishment or a variance. By consensus the Planning Commission recommended amending the maximum area of 250 square feet for freestanding, commercial ground signs. Chair Leintz asked if there was anyone present regarding this public hearing. There was no one present. Chair closed the public hearing at 10:00 p.m. MOTION BY Commission member Meza, seconded by Commission member Dorenbush to adopt the Sign Code Amendment - Section 1 O.I.C - Commercial Ground Signs. Motion carried unanimously. OTHER BUSINESS PLANNING AND ZONING COMMISSION RULES (CONTINUED) By consensus the commission agreed to table the Planning and Zoning Commission Rules to the January 11, 2005 meeting. Council liaison Berning recommended to establish a term length or time span. . ADJOURNMENT MOTION BY Commission member Kocon, seconded by Commission member Meza to adjourn the meeting at 10:05 p.m. Motion carried unanimously. . 74