2012-09-17 CC Packet
City of Albertville Council Agenda
Monday, September 17, 2012
City Council Chambers
7:00 PM
PUBLIC COMMENTS -The City of Albertville welcomes and encourages public input on issues listed on the agenda or of general community
interest. Citizens wishing to address the Council regarding specific agenda items, other than public hearings are invited to do so under Public
Forum and are asked to fill out a “Request to Speak Card”. Presentations are limited to five (5) minutes.
M:\Public Data\City Council\Council Agendas\2012 Agendas\09 17 2012 Agenda.doc
Meeting Date: September 17, 2012
1. CALL TO ORDER
2. PLEDGE OF ALLEGIANCE – ROLL CALL
3. RECOGNITIONS – PRESENTATIONS – INTRODUCTIONS
A. Women of Today Proclamation (pg 4)
B. Certificate of Appreciation for Amber Huntington
4. CITIZENS OPEN FORUM – (time reserved 5 minutes)
5. AMENDMENTS TO THE AGENDA
6. CONSENT AGENDA
All items under the Consent Agenda are considered to be routine by the City staff and will
be enacted by one motion. In the event an item is pulled it will be discussed in the order it
is listed on the Consent agenda following the approval of the remaining Consent items.
These items will be approved by a separate motion.
A. Approve the August 28, 2012 special City Council meeting minutes as presented (pgs
5-8)
B. Approve the September 4, 2012 regular City Council meeting minutes as presented
(pgs 9-13)
C. Authorize the Monday, September 17, 2012 payment of claims that include electronic
payments 1371 EFT - 1382 EFT and check numbers 31299 to31335 as presented (pgs
14-19)
D. Approve One Day 3.2% Malt Liquor License for St. Albert’s Catholic Church for their
parish festival on October 14, 2012 and allow closure of Lander Ave between the hours
of 6:00 a.m. to 6:00 p.m. (pgs 20-22)
E. Approve the Memorandum of Understanding between Wright County and the City of
Albertville to purchase Sand/Salt for the 2012-2013 Snow and Ice Removal Season
(pgs 23-25)
F. Accept the draft Ice Arena Board Meeting Minutes of September 10, 2012 (pgs 26-29)
Agenda Page 1
City of Albertville Council Agenda
Monday, September 17, 2012 Page 2 of 3
M:\Public Data\City Council\Council Agendas\2012 Agendas\09 17 2012 Agenda.doc
Meeting Date: September 17, 2012
7. PUBLIC HEARINGS - None
8. DEPARTMENT BUSINESS
A. Planning/Zoning
1). Wagner Storage (pgs 30-36)
2). 152 Club Outdoor Music Application (pgs 37-47) (MOTION NEEDED)
B. City Council
1). Joint Powers Water Board Report
2). Personnel Committee Report on City Administrator/City Engineer/Public Works
Director Position Including Job Description, Proposed Contract, Proposed Pay
Ranges, Transition Plan (Report to be sent separately prior to meeting)
(MOTION NEEDED)
C. Legal
1). Darkenwald Confidentiality Agreement (pgs 48-53 ) (MOTION NEEDED)
D. Public Works Director/City Engineer
1). Building Inspection Contract (pgs 54-62) (MOTION NEEDED)
2). Set Public Hearing Date for I-94 Assessments (pgs 63-68) (MOTION NEEDED)
3). I-94 Update (pg 69)
E. Finance
F. City Clerk
G. Administration
9. ANNOUNCEMENTS and/or UPCOMING MEETINGS
September 24 Joint Powers Water Board Meeting, 6:30 p.m.
October 1 City Council Meeting, 7:00 p.m.
October 8 STMA Ice Arena Board Meeting, 6:00 p.m.
October 9 Planning and Zoning Commission Meeting, 7:00 p.m.
October 15 City Council Meeting, 7:00 p.m.
October 22 Joint Powers Board Meeting, 6:00 p.m.
October 29 Legislative Forum – School Fiscal Disparities, TBD
Agenda Page 2
City of Albertville Council Agenda
Monday, September 17, 2012 Page 3 of 3
M:\Public Data\City Council\Council Agendas\2012 Agendas\09 17 2012 Agenda.doc
Meeting Date: September 17, 2012
September-12
Su M Tu W Th F Sa
1
2 H 3 CC4 5 6 7 8
9 Ice10 PZ11 12 13 14 15
16 CC17 18 19 20 21 22
23 JP 24 25 26 27 28 29
30
October-12
Su M Tu W Th F Sa
CC 1 2 3 4 5 6
7 Ice 8
PZ
9 10 11 12 13
14 CC15 16 17 18 19 20
21
JP
22 23 24 25 26 27
28 Jt29 LF 30 31
10. ADJOURNMENT
Agenda Page 3
CITY OF ALBERTVILLE
PROCLAMATION
RECOGNIZING THE ST. MICHAEL – ALBERTVILLE
WOMEN OF TODAY
WHEREAS, the Minnesota Women of Today and the United States
Women of Today have set aside the week of September 23-29, 2012 to
celebrate the many community activities and dedicated membership; and,
WHEREAS, the St. Michael-Albertville Women of Today are
dedicated to promoting community service such as Spring Craft – Business
Expo and Fall Craft Show, Adopt-a-Family service, along with numerous
donations and service hours worked within our community and the local
school district; and,
WHEREAS, the St. Michael-Albertville Women of Today have been a
vital part of this community for twenty-seven years; and,
WHEREAS, the St. Michael-Albertville Women of Today have
provided personal enrichment and leadership development to the members
of this community through service; and,
WHEREAS, the Minnesota Women of Today, United States Women
of Today, and the St. Michael-Albertville Women of Today are “united by our
friendship and belief in the future”,
NOW THEREFORE, I, Mark Meehan, Mayor of Albertville, do hereby
proclaim the week of September 23-29, 2012 as
UNITED STATES WOMEN OF TODAY
MINNESOTA WOMEN OF TODAY
ST. MICHAEL-ALBERTVILLE WOMEN OF TODAY WEEK
in Albertville, Minnesota.
Mark Meehan, Mayor
Agenda Page 4
M:\Public Data\City Council\Council Minutes\2012 Minutes\City Council\M 08 28 2012 CC Workshop Minutes (DRAFT).docx
ALBERTVILLE CITY COUNCIL WORKSHOP
Monday, August 28, 2012
DRAFT MINUTES
ALBERTVILLE CITY HALL 7:01 P.M.
ROLL CALL
Present: Mayor Mark Meehan and Council members Jillian Hendrickson, Larry Sorensen, John
Vetsch and Dan Wagner
Absent: None
Others Present: Interim City Administrator Robert Thistle, Finance Director Tina Lannes,
Public Works Director/City Engineer Adam Nafstad, City Attorney Michael Couri, City Clerk
Kimberly Olson, Fire Chief Tate Mills, Dave Unmacht and Samara Postuma
SPRINGSTED, INC. PRESENTATION ON CITY ADMINISTRATOR PROFILE AND
JOB DESCRIPTION
Mr. Unmacht stated there were six items that were utilized in the creation of the profile and job
description:
• Review of the Organizational Chart
• Professional Experience
• Review of the Visioning Study
• Existing Job Descriptions
• Individual Interviews with City Council, Staff and Community Members
• Review of Outside Job Descriptions, i.e. St. Michael’s Combined Position
Unmacht stated that as they went through the process, the leading theme of a “small town feel”
became apparent.
Unmacht stated the profile identified priorities, a summary of the position and samples of the
expected job functions. The remainder of the profile is where the real art of a profile lays. They
have identified the qualifications desired, the professional opportunities, and the quality and
characteristics necessary for the position. He stated the words are carefully chosen to help a
potential candidate understand the role of the position and skills and abilities required.
Agenda Page 5
City of Albertville Page 2 of 4
City Council Workshop Minutes
August 28, 2012
M:\Public Data\City Council\Council Minutes\2012 Minutes\City Council\M 08 28 2012 CC Workshop Minutes
(DRAFT).docx
Unmacht stated the current job description was outdated. Changes have been made to the
position by transferring some areas of responsibility to the City Clerk and Finance Director. He
went through a job description for a City Administrator and then one for the dual position of City
Administrator/City Engineer/Public Works Director. They then identified the most important
requirements and duties for the engineering/public works portion of the job description for the
dual postion.
Sorensen asked how common this type of dual role is. Unmacht replied it isn’t necessarily
common. However, in smaller rural communities, the Administrator has many roles. Sorensen
asked if compensation for this dual role would be greater than that of a traditional Administrator.
Thistle stated they have only seen something as close to the dual role in St. Michael and it is
within the range of a traditional Administrator. It will ultimately go back to the Personnel
Committee to discuss compensation. Thistle reiterated that certain tasks have been removed
from the position as well and given to other staff members. Sorensen stated there are also
several staff members that serve as engineering technicians in St. Michael.
Meehan asked how the process of selecting an Administrator has historically been done.
Unmacht stated that there are usually three ways to become an Administrator: internal
promotion (Department Head to City Administrator), begin in an Administrator role and move
laterally, or someone seeking a second career after retirement from a first career.
Vetsch felt there is a cost savings with the dual role. Sorensen would like to see what the cost
savings would be. He stated they will also need to account for training needed before the job if
they choose the dual role. Hendrickson also stated that since the City is built out as much as it is,
it will not warrant the hiring of additional engineering help if they choose the dual role. Thistle
stated that there will be costs with both options. He stated that Albertville is very unique in the
fact that most of its services are contracted out, such as planning/zoning and police. He stated
most cities would have these services in house and that is why the job descriptions lean heavily
on the need for contract management skills. He does see potential efficiencies with the dual role.
Sorensen was concerned that they had earlier hired a full time engineer and now they are trying
to combine the positions. Meehan stated that it was needed at the time. Hendrickson stated the
building technician will bring help as well as the having the City Clerk for additional help. She
felt it would be manageable and is worth trying. She stated it would be beneficial to have
someone who has worked with the community and the County, who knows the history of the
City and is able to work with staff. Vetsch stated that salary and benefits will go from two to
one.
Sorensen stated that no matter what way they decide to go, he felt it important to pursue the
process of posting the position and interviewing other candidates. Meehan stated he had an
opportunity on the Personnel Committee. Sorensen stated he stepped down because of outside
commitments.
Hendrickson stated the learning curve will be steeper with the dual position.
Meehan thanked Unmacht for his work and presentation.
Agenda Page 6
City of Albertville Page 3 of 4
City Council Workshop Minutes
August 28, 2012
M:\Public Data\City Council\Council Minutes\2012 Minutes\City Council\M 08 28 2012 CC Workshop Minutes
(DRAFT).docx
2013 BUDGET DISCUSSION
Thistle stated they are presenting two different budgets: one for a City Administrator and one for
City Administrator/City Engineer/Public Works Director. These budgets were based on the
feedback from the last meeting that the upper limit for the levy was 2% and the bottom was 1%.
Lannes presented the option with a full time City Administrator and full time City Engineer that
spreads out the $100,000 administration costs and Fire Department back pay costs over two
years, cost of living reduced to 2%, and took a little from bit funds from all over to get the levy
down to 2%. She stated none of the options provided tonight include $10,000 for the Ice Arena.
St. Michael stated that if they have money left over in their budget at the end of the year, they
would dedicate it to the Ice Arena contingent on what the other entities are able to do.
Lannes presented the option of the Combined City Administrator/City Engineer/Public Works
Director. The budget includes. spreads out the $100,000 administration costs and Fire
Department back pay over two years, 2% cost of living increase, combing the two positions, and
retaining $60,000 for training and consulting fees. A savings of approximately $55,800 is
garnered by combing the two positions. This brings the levy to 0.98%. However, she
recommends that Council stay at a 2% levy as an option 3. This would pay back the Fire
Department back pay in full in one year, and would pay $72,500 of the administration costs
leaving only $27,500 or a 1% levy for the 2014 budget for the next Council.
Sorensen requested clarification on the cost of living in the first and third option. Lannes
reported it had been brought down to 2% in all three options based on additional information that
showed inflation had gone down.
Thistle stated that he supported Lannes’s recommendation to keep the 2% levy.
Meehan asked if everyone was comfortable with a 2% levy. There was no objection. Staff will
bring forward d to the next meeting then a 2% levy increase.
CITY ADMINISTATOR POSITION
Meehan asked if they could make the decision of which way to go with the Administrator
position now. Couri responded they could make that decision now. Either way he would
anticipate that the Personnel Committee would have to meet. If Council were to go with the dual
role, he could see getting everything together by the September 17 Council meeting.
Motion made by Hendrickson to bring the Personnel Committee together to formulate an
adoption of the City Administrator/City Engineer/Public Works Director role where the
Personnel Committee would put together a written contract and develop a transition period
with Adam Nafstad. The motion was seconded by Meehan.
Agenda Page 7
City of Albertville Page 4 of 4
City Council Workshop Minutes
August 28, 2012
M:\Public Data\City Council\Council Minutes\2012 Minutes\City Council\M 08 28 2012 CC Workshop Minutes
(DRAFT).docx
Sorensen asked for further discussion. He wanted it noted that he would be voting against this
because this position is the chief administrative office for the City of Albertville and he felt it
would be a disservice not to consider other candidates.
Hendrickson stated she respected Sorensen’s opinion, but she felt that after the information from
the consultant, this is the way to proceed.
Vetsch felt the City needs someone who knows the history and the lay of the land.
Ayes: Meehan, Hendrickson and Vetsch. Nays: Sorensen and Wagner. Absent: None.
MOTION DECLARED CARRIED.
ADJOURNMENT
Motion by Vetsch, seconded by Meehan, to adjourn the meeting at 8:05 p.m. Ayes: Meehan,
Hendrickson, Sorensen, Vetsch and Wagner. Nays: None. Absent: None. MOTION
DECLARED CARRIED.
Respectfully submitted,
____________________________________
Kimberly A. Olson, City Clerk
Agenda Page 8
ALBERTVILLE CITY COUNCIL
Monday, September 4, 2012
DRAFT MINUTES
ALBERTVILLE CITY HALL 7:01 PM
1. CALL TO ORDER – PLEDGE OF ALLEGIANCE
Deputy Mayor Vetsch called the regular City Council meeting to order at 7:01 p.m.
2. ROLL CALL
Present: Council members Jillian Hendrickson, Larry Sorensen, John Vetsch and Dan Wagner
Absent: Mayor Mark Meehan
Others Present: Interim City Administrator Robert Thistle, Finance Director Tina Lannes, City
Engineer/Public Works Director Adam Nafstad, City Clerk Kimberly Olson, James Michael
Krutzig, Sergeant Eric Kunkel, Rob Olson, Peter Wagener and Samara Postuma
3. RECOGNITIONS, PRESENTATIONS AND INTRODUCTIONS - None
4. CITIZENS OPEN FORUM
Pete Wagener, 10690 56th St NE, stated Council had previously allowed him some extra time to
work with City staff and consultants to correct the issues with his recreational vehicle storage.
At this time there are only two options: store the vehicle in the rear yard or ask for a variance to
allow storage on the side yard within the setback limits. He showed a diagram of the property
and where the recreational vehicle sits. He stated he spoke with his neighbors and they would
prefer to see the vehicle in the side yard rather than the back yard. He is asking the Council to
amend the ordinance. Nafstad stated that staff does understand the request; however, the
ordinance does not allow the it. It is not a staff recommendation of staff to pursue an amendment
of the ordinance or a variance. There are costs associated with a variance.
Vetsch stated they may need to make some adjustments to the ordinance, especially if it is
occurring elsewhere in the City. Enforcement should be across the board.
Thistle suggested that since this is a forum item that it be brought back as a Council agenda item
at the next meeting.
Wagner would be supportive of a variance if they can prove hardship. He does not want to see
the ordinance changed.
Agenda Page 9
City of Albertville Page 2 of 5
City Council Minutes
September 4, 2012
Pete Wagener stated that a variance is very expensive and most people cannot afford. If the
ordinance were changed they could apply it on a case by case basis.
Sorensen did not like the option of the vehicle in the back yard and would like to see what other
options there are to place it on the side of the property.
5. APPROVAL OF THE AGENDA
Lannes stated a Wright County deputy was present in the audience. Lannes suggested he be
placed prior to the consent agenda.
Motioned by Hendrickson, seconded by Sorensen, to approve the amended agenda. Ayes:
Hendrickson, Sorensen, Vetsch and Wagner. Nays: None. Absent: Meehan. MOTION
DECLARED CARRIED.
Hendrickson asked for an update on the recent abduction attempt. Sergeant Kunkel asked that if
anyone sees anything similar to report it. Sorensen encouraged the Sheriff’s office to work with
both St. Michael and Albertville to educate both children and parents on these types of situations.
6. CONSENT AGENDA
All items under the Consent Agenda are considered to be routine by City Staff and will be
enacted by one motion. In the event an item is pulled, it will be discussed in the order it is listed
on the Consent Agenda following the approval of the remaining Consent items. These items will
be approved by a separate motion.
A. Approve the August 20, 2012 regular City Council minutes as presented (pgs 3-7)
B. Approve the August 20, 2012 Budget Workshop Council minutes as presented (pgs 8-
11)
C. Authorize the Monday, September 4, 2012 payment of claims that include electronic
payments 1359 EFT -1364 EFT and check numbers 31272 to 31295 as presented (pgs
12-15)
D. Accept Wright County Sheriff’s Office 2nd Quarter Summary Report for law
enforcement activity and crimes (pgs 16-24)
E. Accept Albertville Park Committee Meeting Minutes of August 27, 2012 (pg 25)
Hendrickson pulled the Budget Workshop Minutes of August 20, 2012. Hendrickson would like
to add to the minutes: “Hendrickson met with Finance Director Lannes and Interim City
Administrator Thistle to reduce the levy and had concerns with pay increases.”
Motion by Hendrickson, seconded by Sorensen, to accept the change to the Budget Workshop
Minutes of August 20, 2012. Ayes: Vetsch, Hendrickson, Sorensen and Wagner. Nays: None.
Absent: Meehan. MOTION DECLARED CARRIED.
Agenda Page 10
City of Albertville Page 3 of 5
City Council Minutes
September 4, 2012
7. PUBLIC HEARINGS – None
8. DEPARTMENT BUSINESS
A. City Council - None
B. Finance
1). 2013 Preliminary Budget and Property Tax Levy (pgs 26-31)
Lannes showed a five year levy projection that assumes no growth and the tax
base stays the same. It did not include additional capital funds for future
projects.
Wagner asked when the deadline is. Lannes replied it must be in by September
15 and there is no other meeting scheduled by then.
a. Motion to approve the Resolution No. 2012-036 entitled a Resolution
Adopting the 2013 Preliminary Property Tax Levy
Hendrickson stated that since they agreed at the workshop meeting to a
2% levy increase and that is what staff has presented tonight, she would
make the motion for approval.
Motion by Hendrickson, seconded by Sorensen, to approve Resolution
No. 2012-036 entitled a Resolution Adopting the 2013 Preliminary
Property Tax Levy. Ayes: Vetsch, Hendrickson and Sorensen. Nays:
Wagner. MOTION DECLARED CARRIED.
b. Motion to approve the Resolution No. 2012-037 entitled a Resolution
Adopting the 2013 Preliminary Budget
Motion by Hendrickson, seconded by Sorensen, to approve Resolution
No. 2012-037 entitled a Resolution Adopting the 2013 Preliminary
Budget. Ayes: Vetsch, Hendrickson and Sorensen. Nays: Wagner.
MOTION DECLARED CARRIED.
C. City Clerk - None
D. City Engineer/Public Works Director
1). Letter of Credit Reduction for Neimeyer Trailer Sales (pg 32)
Nafstad reported this was just a housekeeping matter. The reduction is
consistent with the development agreement and no further reduction is
recommended prior to the development of the lots.
Agenda Page 11
City of Albertville Page 4 of 5
City Council Minutes
September 4, 2012
Nafstad stated that there is currently a stockpile on the property. Vetsch
inquired if the Letter of Credit was enough to cover the removal of the stock if
needed. Nafstad stated stockpiles have been difficult in the past but it is
addressed in the development agreement. There could also assess the property
for the expense. Vetsch was concerned the property owner could leave the
property and it falls then to the buyer. Vetsch asked about the silt fence.
Nafstad stated the fence is not needed but there is a value for him to have it in
place should development begin again. Vetsch stated that the silt fence could be
ripped or ineffective.
Motion by Hendrickson, seconded by Sorensen, to reduce the Letter of Credit
No. 805 held as security for the Niemeyer Trailer Sales development to no less
than $5,690 conditioned on outstanding balances owed to the City being paid
in full. Ayes: Vetsch, Hendrickson Sorensen and Wagner. Nays: None.
Absent: Meehan. MOTION DECLARED CARRIED.
2). Joint Powers Water Board Water Tower Logo Proposal (pgs 33-41)
Nafstad reported there has been discussion on the proposed water tower logo.
At the last Joint Powers Water Board Meeting, one Albertville member was
unable to attend and the other was not in favor of the “Joint Powers Water
System Albertville-Hanover-St. Michael” logo. However, that logo was
approved by the board. The Original recommendation had been to a “Home of
the Knights” logo. The purpose for discussion tonight is to direct the Albertville
members of the Joint Powers Water Board to call a special meeting of the board
to rescind the approval of the logo at the last meeting.
Vetsch felt that all entities should be represented as they all have equal votes.
Sorensen stated the east tower was painted “St. Michael-Albertville Home of the
Knights” and he felt it should be done for the west tower. He was concerned
that people may become confused when they see Hanover on the tower and
views it as a landmark and people use it to tell where there are. Wagner agreed.
Nafstad stated they need direction from Council on a preferred option for the
tower. He stated St. Michael City Council recently voted to direct their
members to support the original logo of “St. Michael-Albertville Home of the
Knights”. Vetsch stated he does not want to go to the Joint Powers Water Board
and vote against the logo with all names on it as he feels they are equal partners.
Wagner stated that when he sits on the various boards and committees in the
City, he votes for the will of the Council not his own personal opinions. He
stated he votes as a representative of the City Council.
Hendrickson felt water towers are used as land marks to tell where you are.
Agenda Page 12
City of Albertville Page 5 of 5
City Council Minutes
September 4, 2012
Thistle stated generally the member appointed to the board votes the way they
feel the Council would vote. However, when there is clear discussion on a
certain topic, the member would represent the majority of the Council.
Motion by Hendrickson, seconded by Sorensen, to direct the Albertville
members of the Joint Powers Water Board to call a special meeting to discuss
the west tower logo, rescind the August 27th motion, and consider other
options with the preferred Albertville option being that of the original plan for
“St. Michael-Albertville Home of the Knights”. Ayes: Hendrickson, Sorensen
and Wagner. Nays: Vetsch. MOTION DECLARED CARRIED.
E. Planning/Zoning
1). Mattress Store
Nafstad stated that the owner has provided documentation that there were
previous retail sales at the building. It appears that it will not need to be
sprinklered and will be grandfathered in because of that documentation. The
City Attorney will be looking at everything and will bring a report forward to
the Council at the next meeting.
F. Legal - None
G. Administration - None
9. ANNOUNCEMENTS and/or UPCOMING MEETINGS
September 10 STMA Arena Board at 6:00 p.m.
September 11 Planning and Zoning Commission at 7:00 p.m.
September 17 City Council Meeting at 7:00 p.m.
10. ADJOURNMENT
Motion by Hendrickson, seconded by Sorensen, to adjourn the meeting at 8:10 p.m. Ayes:
Hendrickson, Sorensen, Vetsch and Wagner. Nays: None. Absent: Meehan. MOTION
DECLARED CARRIED.
Respectfully submitted,
_____________________________________
Kimberly A. Olson, City Clerk
Agenda Page 13
Mayor and Council Request for Action
M:\Public Data\Requests for Council Actions (RCA)\2012\09 17 2012 Finance Bills Report (RCA).doc
Meeting Date: September 17, 2012
August 30, 2012
SUBJECT: CONSENT - FINANCE DEPARTMENT – PAYMENT OF BILLS
RECOMMENDATION: It is respectfully requested that the Mayor and Council consider the
following:
MOTION TO: Authorize the Monday, September 17, 2012 payment of the claims that
includes check numbers 1371 EFT – 1382 EFT and checks numbered 31299 to 31335 as
presented except the bills specifically pulled, which are passed by separate motion.
BACKGROUND: The City processes claims on a semi-monthly basis. The bills are approved
through their respective departments and administration and passed onto the City Council for
approval.
KEY ISSUES:
Account codes starting with 810 are STMA Arena Expenses/Vendors (bolded)
Check No. 31310 Franklin Outdoor Advertising – Expense was pre-approved by the STMA
Arena Board for the thermometers
POLICY/PRACTICES CONSIDERATIONS: It is the City’s policy to review and approve
payables on a semi-monthly basis.
FINANCIAL CONSIDERATIONS: City staff has reviewed and recommends approval of
payments presented.
LEGAL CONSIDERATIONS: The Mayor and Council have the authority to approve all bills
pursuant to Minnesota State Law, which requires all bills to be paid in a timely manner,
generally within 30 days unless one party determines to dispute the billing.
Department/Responsible Person: Finance/Tina Lannes, Finance Director
Reviewed by: RDT
Attachments: Check Register Detail
Agenda Page 14
Mayor and Council Request for Action – September 17, 2012
Finance – Payment of Claims Page 2 of 6
M:\Public Data\Requests for Council Actions (RCA)\2012\09 17 2012 Finance Bills Report (RCA).doc
Meeting Date: September 17, 2012
Check Detail Register
September 2012
Check Amt Invoice Comment
10100 Premier Bank
Paid Chk# 001371E 9/13/2012 BOLTON & MENK, INC E 468-49000-300 Professional Srvs (GENERAL) $29,040.50 0150132 I-94 WBCD Proj structural observation site observ Total BOLTON & MENK, INC $29,040.50
Paid Chk# 001372E 9/13/2012 FASTENAL COMPANY E 101-43100-215 Shop Supplies $3.26 MNTC485460 PW HCS 5/8 x 2YZ8, nylock E 101-43100-215 Shop Supplies $92.35 MNTC485471 PW USSholdDwnClamp E 101-43100-215 Shop Supplies $113.83 MNTC485564 PW job drill set E 101-43100-215 Shop Supplies $93.68 MNTC485612 PW 6400 x 20 sling Total FASTENAL COMPANY $303.12
Paid Chk# 001373E 9/13/2012 FERRELLGAS E 810-00000-212 Motor Fuels $190.22 1072272908 ARENA fuel Total FERRELLGAS $190.22
Paid Chk# 001374E 9/13/2012 GOPHER STATE ONE-CALL E 602-49400-209 Locates $83.47 45770 UD water locate charges E 601-49450-209 Locates $83.48 45770 UD sewer locate charges Total GOPHER STATE ONE-CALL $166.95
Paid Chk# 001375E 9/13/2012 JACKS OIL DIST., INC. E 101-43100-212 Motor Fuels $1,735.68 38843 PW #2 dye fuel Total JACKS OIL DIST., INC. $1,735.68
Paid Chk# 001376E 9/13/2012 MVTL LABORATORIES, INC E 601-49450-218 Testing Expenses $113.40 619692 UD sewer weekly chem series testing E 601-49450-218 Testing Expenses $113.40 620996 UD sewer weekly chem series testing Total MVTL LABORATORIES, INC $226.80
Paid Chk# 001377E 9/13/2012 N. A. C. E 101-41910-306 Planning Fees $2,891.65 20407 Planning review Wiesner Memorial on E 468-49000-300 Professional Srvs (GENERAL) $130.35 20407 I-94 WBCD Planners review E 101-41910-306 Planning Fees $2,083.45 20407 Planning code enforcement issues E 101-41910-306 Planning Fees $1,144.79 20407 Planning rev staff memos, draft sign & other staff concerns E 101-41910-306 Planning Fees $1,680.35 20409 Planning fees (Central Park Master w/members) Total N. A. C. $8,555.59
Paid Chk# 001378E 9/13/2012 S & T OFFICE PRODUCTS E 101-42700-309 Animal Control Contract $17.09 01PJ0351 Bubble envelops-mailing dog lic E 101-41910-200 Office Supplies (GENERAL) $25.39 01PJ0351 Gen 2013 calendars for staff E 101-41400-200 Office Supplies (GENERAL) $27.76 01PJ0351 CityClerk 2013 calendar E 601-49450-210 Operating Supplies (GENERAL) $12.70 01PJ0351 UD sewer 2013 calendar E 101-41500-200 Office Supplies (GENERAL) $27.77 01PJ0351 FinDir 2013 calendar E 810-00000-200 Office Supplies (GENERAL) $131.41 07PI7791 ARENA ink cartridges E 101-41910-200 Office Supplies (GENERAL) $178.86 07PI7791 Gen copier paper & 6x9 envelopes Total S & T OFFICE PRODUCTS $420.98
Check Amt Invoice Comment
Agenda Page 15
Mayor and Council Request for Action – September 17, 2012
Finance – Payment of Claims Page 3 of 6
M:\Public Data\Requests for Council Actions (RCA)\2012\09 17 2012 Finance Bills Report (RCA).doc
Meeting Date: September 17, 2012
Check Amt Invoice Comment
Paid Chk# 001379E 9/13/2012 VEOLIA ENVIRONMENTAL SERVICES
E 601-49450-668 Sludge Removal $5,432.80 G10000021905 UD sewer sludge removal proj Total VEOLIA ENVIRONMENTAL SERVICES $5,432.80
Paid Chk# 001380E 9/13/2012 WRIGHT-HENNEPIN COOP ELECTRIC E 810-00000-381 Electric Utilities $29.87 5014270100- ARENA alarms Total WRIGHT-HENNEPIN COOP ELECTRIC $29.87
Paid Chk# 001381E 9/13/2012 WATSON COMPANY E 810-00000-252 Food/Consessions For Resale $1,867.30 817579 ARENA candy bars, pretzels, pop, products E 810-00000-252 Food/Consessions For Resale ($246.18) 901546-CR ARENA Credit Memo Total WATSON COMPANY $1,621.12
Paid Chk# 001382E 9/13/2012 WRIGHT COUNTY SHERIFFS PATROL E 101-42110-307 Police Contract Fees $43,737.00 Patrol-12-09 Sept. 2012 Sheriff Patrol Protection Total WRIGHT COUNTY SHERIFFS $43,737.00
Paid Chk# 031299 9/17/2012 2 GUYS LAWN CARE E 810-00000-405 Repair/Maint - Buildings $422.16 08252012- ARENA kill weeds, turf control, around the bldg. Total 2 GUYS LAWN CARE $422.16
Paid Chk# 031300 9/17/2012 ALLIED WASTE E 605-43200-300 Professional Srvs (GENERAL) $6,415.80 0899-002122866 Recycling Serv for Aug 2012 Total ALLIED WASTE $6,415.80
Paid Chk# 031301 9/17/2012 ARAMARK UNIFORM SERVICES E 602-49400-417 Uniform Rentals $11.35 629-7573030 UD water weekly uniform rental E 601-49450-417 Uniform Rentals $11.36 629-7573030 UD sewer weekly uniform rental E 101-45100-417 Uniform Rentals $11.35 629-7573030 PD weekly uniform rental E 101-43100-417 Uniform Rentals $11.36 629-7573030 PW weekly uniform rental E 101-41940-405 Repair/Maint - Buildings $49.78 629-7573031 Chall weekly rental charge mop heads,
rugs, and rags Total ARAMARK UNIFORM SERVICES $95.20
Paid Chk# 031302 9/17/2012 CENEX FLEETCARD E 101-43100-212 Motor Fuels $326.65 63452C PW monthly fuel charges E 101-45100-212 Motor Fuels $326.64 63452C PD monthly fuel charges E 602-49400-212 Motor Fuels $265.67 63452C UD water monthly fuel charges E 601-49450-212 Motor Fuels $265.68 63452C UD sewer monthly fuel charges Total CENEX FLEETCARD $1,184.64
Paid Chk# 031303 9/17/2012 CENTERPOINT ENERGY E 101-42000-383 Gas Utilities $24.76 14425-5-092012 FD Aug 2012 gas serv chg E 101-45100-383 Gas Utilities $8.55 14425-5-092012 PD 5801 Lander Aug 2012 gas E 468-49000-300 Professional Srvs (GENERAL) $23.11 14425-5-092012 I-94 WBCD Proj Aug 2012 gas E 468-49000-300 Professional Srvs (GENERAL) $72,069.34 3000519959- I-94 WBCD Proj (CR19 replace steel & E 101-41940-383 Gas Utilities $15.10 5361503-5-0912 CH 5975 Main serv 8-29-12 to 9- E 810-00000-383 Gas Utilities $52.73 5390131-0-0912 ARENA gas serv 8-29-12 to 9-26 E 101-43100-383 Gas Utilities $53.86 5421442-4-0912 PW gas serv 8-29-12 to 9-26-12 E 101-41940-383 Gas Utilities $179.19 6759963-9-0912 CHall gas serv 8-29-12 to 9-26-12 Total CENTERPOINT ENERGY $72,426.64
Paid Chk# 031304 9/17/2012 CENTURYLINK - NC E 101-41940-321 Telephone $17.26 320297435-0912 CH alarms
Total CENTURYLINK - NC $17.26
Paid Chk# 031305 9/17/2012 CHARTER COMMUNICATIONS E 101-41940-321 Telephone ($11.25) 0117370-0912 CH CREDIT MEMO E 468-49000-300 Professional Srvs (GENERAL) $127.88 0141164-0912 I-94 WBCD Proj phone/internet serv Total CHARTER COMMUNICATIONS $116.63
Paid Chk# 031306 9/17/2012 CROW RIVER FARM EQUIPMENT E 602-49400-210 Operating Supplies (GENERAL) $47.23 156455 UD water 1 1/2 x 1 1/2 llga tube Total CROW RIVER FARM EQUIPMENT $47.23
Agenda Page 16
Mayor and Council Request for Action – September 17, 2012
Finance – Payment of Claims Page 4 of 6
M:\Public Data\Requests for Council Actions (RCA)\2012\09 17 2012 Finance Bills Report (RCA).doc
Meeting Date: September 17, 2012
Check Amt Invoice Comment
Paid Chk# 031307 9/17/2012 DASCOM E 101-41940-405 Repair/Maint - Buildings $262.50 S002816 CH problem w/AV cart in mutli-purpose Total DASCOM $262.50
Paid Chk# 031308 9/17/2012 DJS TOTAL HOME CARE CENTER-CH E 101-43100-215 Shop Supplies $11.84 63651/1 PW stake wood 1x2x18" E 601-49450-210 Operating Supplies (GENERAL) $8.53 63738/1 UD sewer PVC cement wasp & hornet E 602-49400-210 Operating Supplies (GENERAL) $88.63 63751/1 UD water vocoilenm rstp gl, ace estp spirits, knot cup w/g E 601-49450-210 Operating Supplies (GENERAL) $5.19 63771/1 UD sewer adaptr terminal, conduit sch40, couple PVC E 101-45100-210 Operating Supplies (GENERAL) $41.17 63785/1 PD primer PVC purple, elbow, couple E 101-43100-215 Shop Supplies $4.81 63805/1 PW variety of hardware E 101-42000-405 Repair/Maint - Buildings $96.04 63877/1 FD sensor vac adj ivory, furn filter E 101-43100-400 Repair/Maint - Paved Rd $13.90 63903/1 PW oil multi-purp 3-n-1, heating & heating & cooling hose E 602-49400-210 Operating Supplies (GENERAL) $105.04 63997/1 UD water knot cup w/g, ace rstp spry paintbrsh, vocoilenm sftred, denatured E 601-49450-210 Operating Supplies (GENERAL) $7.82 64023/1 UD sewer Ph Pa machine-s, hex nuts- ss, hex cap scre Total DJS TOTAL HOME CARE CENTER-CH $382.97
Paid Chk# 031309 9/17/2012 FEDERATED CO-OPS, INC. E 101-45100-210 Operating Supplies (GENERAL) $46.54 34000230 PD buccandeer plus 2.5 gal Total FEDERATED CO-OPS, INC. $46.54
Paid Chk# 031310 9/17/2012 FRANKLIN OUTDOOR ADVERTISING E 810-00000-399 Miscellaneous $725.00 52911 ARENA banner printed w/hem & Total FRANKLIN OUTDOOR $725.00
Paid Chk# 031311 9/17/2012 HAWKINS, INC E 601-49450-217 Chemicals - Ferric Chloride $1,067.80 3380626 RI UD sewer sodium hypochlorite,55 Total HAWKINS, INC $1,067.80
Paid Chk# 031312 9/17/2012 HENRYS WATERWORKS, INC E 602-49400-407 R/M - Water Mains $6,274.06 15972 UD resilient gate valve, coupling, Total HENRYS WATERWORKS, INC $6,274.06
Paid Chk# 031313 9/17/2012 OAKLAND CONSTRUCTION G 101-22825 Hunters Pass Escrow $2,500.00 BP2012-054 Hunter Sod Escrow (6877 LaSalle Cir Total HUNTERS PASS ESTATES $2,500.00
Paid Chk# 031314 9/17/2012 ICS HEALY-RUFF
E 601-49450-404 Repair/Maint - Machinery/Equip $649.75 15588 UD sewer field service call Total ICS HEALY-RUFF $649.75
Paid Chk# 031315 9/17/2012 JASPER ENGINEERING & EQUIP CO E 601-49450-404 Repair/Maint - Machinery/Equip $750.40 00184325 UD sewer servie performed labor, E 601-49450-404 Repair/Maint - Machinery/Equip $1,668.90 00184339 UD sewer ABB transmitter Total JASPER ENGINEERING & EQUIP CO $2,419.30
Paid Chk# 031316 9/17/2012 JOINT POWERS BOARD E 602-49400-300 Professional Srvs (GENERAL) ($502.53) 092012-Sept JP Aug Credit Card expense E 206-49400-378 JP WAC $2,001.00 092012-Sept JP WAC Aug portion collected E 602-49400-375 JP Access $0.00 092012-Sept 4 JP Access Aug portion collected E 602-49400-377 JP Fed Wtr Test Pen $40.90 092012-Sept 1 JP Fed Wtr Test Aug portion E 602-49400-376 JP Fed Wtr Test $1,230.62 092012-Sept 1 JP Fed Wtr Test Aug portion E 602-49400-371 JPDIST COMBO $1,299.22 092012-Sept 6 JP Dist II Low Aug portion collected E 602-49400-374 JP Dist Pen $1,558.53 092012-Sept 5 JP Dist Pen Aug portion collected E 602-49400-372 JP Dist $87,379.93 092012-Sept 5 JP Dist Aug portion collected Total JOINT POWERS BOARD $93,007.67
Paid Chk# 031317 9/17/2012 KENNEDY & GRAVEN E 101-41000-300 Professional Srvs (GENERAL) $2,076.00 Fraser TIF09- Fraser Steel TIF 2012 (rev Res. mtg
w/staff, finalize CPD Total KENNEDY & GRAVEN $2,076.00
Agenda Page 17
Mayor and Council Request for Action – September 17, 2012
Finance – Payment of Claims Page 5 of 6
M:\Public Data\Requests for Council Actions (RCA)\2012\09 17 2012 Finance Bills Report (RCA).doc
Meeting Date: September 17, 2012
Check Amt Invoice Comment
Paid Chk# 031318 9/17/2012 LANO EQUIPMENT E 101-43100-582 Capital - Misc. Equipment $3,004.47 41755 PW 72" pickup broom-Bobcat Total LANO EQUIPMENT $3,004.47
Paid Chk# 031319 9/17/2012 LEAGUE OF MINNESOTA CITIES E 101-41100-433 Dues and Subscriptions $6,251.00 168211 LMC annual city membership dues Total LEAGUE OF MINNESOTA CITIES $6,251.00
Paid Chk# 031320 9/17/2012 MINNESOTA PCA E 101-43100-208 Training and Instruction $45.00 0912-Tguimont Tguimont Certified WW Exam Total MINNESOTA PCA $45.00
Paid Chk# 031321 9/17/2012 MINNESOTA MAYORS ASSOCIATION E 101-41100-433 Dues and Subscriptions $30.00 092012-Annual 2012-2013 Annual Mayors Total MINNESOTA MAYORS ASSOCIATION $30.00
Paid Chk# 031322 9/17/2012 MTR SERVICES INC E 601-49450-668 Sludge Removal $617.50 4471a UD sewer clean Reed beds move E 601-49450-668 Sludge Removal $1,990.00 4472a UD sewer clean Reed beds haul E 601-49450-668 Sludge Removal $3,012.25 4473a UD sewer clean Reed beds move E 602-49400-407 R/M - Water Mains $346.00 4481a UD water repair watermain break near Total MTR SERVICES INC $5,965.75
Paid Chk# 031323 9/17/2012 NEXTERA COMMUNICATIONS E 101-41940-321 Telephone $456.49 94666-09129811 CHall portion of Aug-Sept data E 602-49400-321 Telephone $47.48 94666-09129811 UD water portion of Aug-Sept data E 601-49450-321 Telephone $47.47 94666-09129811 UD sewer portion of Aug-Sept E 101-42000-321 Telephone $84.00 94666-09129811 FD portion of Aug-Sept data E 101-43100-321 Telephone $83.99 94666-09129811 PW portion of Aug-Sept data E 101-45100-321 Telephone $56.60 94666-09129811 PD portion of Aug-Sept data
E 101-41940-321 Telephone $136.95 94666-09129811 PW -CEng portion of Aug-Sept Total NEXTERA COMMUNICATIONS $912.98
Paid Chk# 031324 9/17/2012 OXYGEN SERVICE COMPANY E 101-43100-215 Shop Supplies $70.85 07613579 PW argon/carbon dioxide Total OXYGEN SERVICE COMPANY $70.85
Paid Chk# 031325 9/17/2012 PEARSON BROTHERS, INC. E 101-43100-223 Seal Coating $52,140.00 2782 PW 2012 Sealcoating Proj Total PEARSON BROTHERS, INC. $52,140.00
Paid Chk# 031326 9/17/2012 PIERSON, SCOTT G 101-22900 Rental Deposit Escrow $100.00 09032012- Pierson Rental Deposit Refund Total PIERSON, SCOTT $100.00
Paid Chk# 031327 9/17/2012 ROGERS RADIATOR E 101-45100-404 Repair/Maint - Machinery/Equip $165.66 93641 PD 98 Chev 1-ton new radiator Total ROGERS RADIATOR $165.66
Paid Chk# 031328 9/17/2012 SHERWIN-WILLIAMS CO E 101-43100-400 Repair/Maint - Paved Rd $108.26 8827-1 PW 5 gal white paint for striping E 101-43100-400 Repair/Maint - Paved Rd $108.26 8856-0 PW 5 gal white paint for striping E 101-43100-400 Repair/Maint - Paved Rd $343.12 9783-7 PW yellow and white paint for sealcoat Total SHERWIN-WILLIAMS CO $559.64
Paid Chk# 031329 9/17/2012 SIGNAPAY E 810-00000-399 Miscellaneous $13.39 08-12 3899 ARENA credit card processing chgs Total SIGNAPAY $13.39
Paid Chk# 031330 9/17/2012 SUN PRESS & NEWSPAPERS E 101-41100-351 Legal Notices Publishing $41.14 1123792 Leg 2030 Vision Study leg notice Total SUN PRESS & NEWSPAPERS $41.14
Paid Chk# 031331 9/17/2012 THISTLE ADVISORY & CONSULTING E 101-41100-300 Professional Srvs (GENERAL) $6,325.00 15 Admin serv council mtg, staff mtg, rev etc. Total THISTLE ADVISORY & $6,325.00
Agenda Page 18
Mayor and Council Request for Action – September 17, 2012
Finance – Payment of Claims Page 6 of 6
M:\Public Data\Requests for Council Actions (RCA)\2012\09 17 2012 Finance Bills Report (RCA).doc
Meeting Date: September 17, 2012
Check Amt Invoice Comment
Paid Chk# 031332 9/17/2012 T-MOBILE - 828941579 E 101-41400-323 Cell Phones $4.83 828941579- CH other Aug-Sept 2012 cell serv E 101-41500-323 Cell Phones $69.99 828941579- FinDir Aug-Sept 2012 cell serv E 101-41400-323 Cell Phones $15.95 828941579- CH tax & surchg Aug-Sept 2012 cell E 101-41400-323 Cell Phones ($39.60) 828941579- CREDIT & ADJUSTMENTS E 101-42000-321 Telephone $79.99 828941579- FD Aug-Sept 2012 cell serv E 101-41750-323 Cell Phones $69.99 828941579- PW -CEng Aug-Sept 2012 cell serv E 101-41400-323 Cell Phones $16.18 828941579- CH usage Aug-Sept 2012 cell serv E 101-41400-323 Cell Phones $31.99 828941579- CH Broadband Aug-Sept 2012 serv Total T-MOBILE - 828941579 $249.32
Paid Chk# 031333 9/17/2012 T-MOBILE - ACCOUNT 828939188 E 101-45100-323 Cell Phones $48.52 828393188- PD Aug-Sept 2012 cell serv E 101-41400-323 Cell Phones $38.54 828393188- CH-BD Aug-Sept 2012 cell serv E 101-43100-323 Cell Phones $48.52 828393188- PW Aug-Sept 2012 cell serv E 601-49450-323 Cell Phones $48.52 828393188- UD sewer Aug-Sept 2012 cell serv
E 101-42000-321 Telephone $48.52 828393188- FD Aug-Sept 2012 cell serv E 602-49400-323 Cell Phones $48.52 828393188- UD water Aug-Sept 2012 cell serv Total T-MOBILE - ACCOUNT 828939188 $281.14
Paid Chk# 031334 9/17/2012 VANCE BROS INC. E 101-43100-400 Repair/Maint - Paved Rd $184.36 23492 PW broom polyhead only, brush 18" Total VANCE BROS INC. $184.36
Paid Chk# 031335 9/17/2012 XCEL ENERGY E 101-45100-381 Electric Utilities $196.08 338601035- PD Aug 2012 lighting Central Park & E 101-41940-381 Electric Utilities $2,250.61 338601035- CH bldgs Aug 2012 electric serv E 468-49000-300 Professional Srvs (GENERAL) $207.17 338601035- I-94 Aug 2012 electric serv E 101-43160-381 Electric Utilities $546.11 338601035- PW Aug 2012 signalize unit electric E 101-42000-381 Electric Utilities $447.60 338601035- FD Aug 2012 electric serv E 101-43100-381 Electric Utilities $498.49 338601035- PW Facility Aug 2012 electric serv E 601-49450-381 Electric Utilities $5,585.78 338601035- UD sewer Lift Stations Aug 2012 E 101-45100-381 Electric Utilities $4.45 437444059 PD Aug 2012 electric Oakside Park E 101-43160-381 Electric Utilities $5,371.31 437444460 PW Aug 2012 street lighting serv Total XCEL ENERGY $15,107.60
10100 Premier Bank $373,045.08
Fund Summary
10100 Premier Bank 101 GENERAL FUND $140,027.18 206 WAC FUND $2,001.00 468 CSAH 19 RAMPS/I 94 Project $101,598.35 601 SEWER FUND $21,492.73 602 WATER FUND $98,324.12 605 Recycling Fund $6,415.80 810 STMA ARENA $3,185.90 $373,045.08
Agenda Page 19
Mayor and Council Request for Action
M:\Public Data\City Council\Council Packet information\2012\09 17 2012\09 17 2012 St. Albert's 3.2 Liquor Request.doc
Meeting Date September 17, 2012
September 11, 2012
SUBJECT: CONSENT - CITY CLERK –ONE (1) DAY TEMPORARY 3.2% MALT LIQUOR
LICENSE FOR ST. ALBERT’S CATHOLIC CHURCH
RECOMMENDATION: It is respectfully requested that the Mayor and Council consider the
following:
MOTION: Approve a One (1) Day Temporary 3.2% Malt Liquor License application submitted
by St. Albert’s Catholic Church for their parish festival on October 14, 2012 and also approve
partial blocking of Lander Avenue NE from the hours of 6:00 a.m. to 6:00 p.m.
BACKGROUND: The St. Albert’s Catholic Church has submitted a request to serve 3.2 Malt
Liquor at their parish festival on October 14, 2012 during the hours of 10:30 a.m. to 5:00 p.m.
The liquor would be served on the parish grounds. Proceeds will be used to help pay for parish
operating costs. In addition to the request for a One (1) Day 3.2% Malt Temporary Liquor
License, they are requesting permission to block off a portion of Lander Avenue NE between
6:00 a.m. and 6:00 p.m. to allow for the event. They request the extra hours for their set up and
take down. This event has been an annual/biennial event for the church in the past.
KEY ISSUES:
• The applicant has submitted the correct paperwork and fee for the Temporary One (1)
Day 3.2 Malt Liquor License.
• Staff has no concerns with the street closure.
• The applicant is allowed up to 12 One (1) Day Temporary Liquor Licenses and the
applicant is within the limit.
• The City generally receives a copy of the “Certificate of Insurance” for the Albertville
Lions.
POLICY/PRACTICES CONSIDERATIONS: It is the Council’s practice to review and
approve any liquor license application to the sell 3.2% Malt Liquor at events held within
Albertville city limits.
FINANCIAL CONSIDERATIONS: There is minimal financial revenue collected from the
applicant for the temporary license.
LEGAL CONSIDERATIONS: The Mayor and City Council have the authority to review and
direct staff to take action regarding all liquor license applications received by the City of
Albertville.
Department/Responsible Person: Kimberly A. Olson, City Clerk
Reviewed by: RDT
Attachments: 3.2% Malt Liquor License Application
St. Albert’s Catholic Church Letter of Request
Agenda Page 20
Agenda Page 21
Agenda Page 22
Mayor and Council Request for Action
M:\Public Data\Requests for Council Actions (RCA)\2012\09 17 2012 PW Cty Memo of Understanding for Salt Purchase RCA.doc
Meeting Date September 17, 2012
September 11, 2012
SUBJECT: PUBLIC WORKS - MEMORANDUM OF UNDERSTANDING BETWEEN WRIGHT COUNTY
AND THE CITY OF ALBERTVILLE TO PURCHASE SAND/SALT FOR THE 2012-2013 SNOW AND ICE
REMOVAL SEASON
RECOMMENDATION: It is respectfully requested that the Mayor and City Council consider the
following:
MOTION: Approve the Memorandum of Understanding between Wright County and the City of
Albertville for the Purchase of Salt for the 2012-2013 Snow and Ice Removal Season for at a cost of
$80.16 per ton, which is subject to fuel escalation.
BACKGROUND: Since 2006, the City of Albertville has purchased salt from Wright County.
Public works loads the salt at the Wright County Maintenance Facility in Otsego on as needed basis.
Reimbursement for the salt is based on the predetermined price per ton and the quantity hauled.
The price per ton in previous years has been as follows:
2006-2007 $54.83
2007-2008 $57.32
2008-2009 $64.20
2009-2010 $73.98
2010-2011 $75.83
2011-2012 $79.46
The annual increase is generally due to increased gas prices and bulk delivery charges.
KEY ISSUES:
• The County facility is nearby and convenient.
• Bulk purchasing allows for reduced material and shipping costs.
• The City has limited salt storage capabilities/facilities.
POLICY CONSIDERATIONS: It is City policy for Council to review and approve all service and
purchasing agreements.
FINANCIAL CONSIDERATIONS: The City annually budgets for ice control. The annual cost of
snow and ice removal is weather dependant and varies with each season. The unit price of the salt
for the 2012-2013 season is $80.16 per ton, plus fuel escalation if applicable. Total annual cost is
based on quantity of salt used.
LEGAL CONSIDERATIONS: The Mayor and Council have the authority to approve agreements
that the City enters into pursuant to Minnesota State Law.
Department/Responsible Person: Public Works/Tim Guimont, Public Works Supervisor
Agenda Page 23
Mayor and Council Request for Action – September 11, 2012
Public Works – 2012-2013 Wright County Salt Purchase Contract
Page 2 of 2
Meeting Date September 17, 2012
Submitted Through: Adam Nafstad, City Engineer/Public Works Director
Reviewed By: RDT
Attachments: 2012-2013 Wright County Memorandum of Understanding
Agenda Page 24
Agenda Page 25
ST. MICHAEL-ALBERTVILLE ARENA BOARD MINUTES
September 10, 2012
6:00 p.m.
Present: Chairman Jeff Lindquist and Members Larry Sorenson, Dan Wagner, Gayle Weber, Chris
Schumm, and Nadine Schoen. Also present were: Arena Manager Grant Fitch; Albertville Finance
Director Tina Lannes and City of Albertville Interim City Administrator Robert Thistle. Also present
from the Youth Hockey Association Tammy Tupper and Kurt Sjelin. The meeting was called to order
at 6:00 p.m. by Chairman Lindquist.
Set Agenda
Members Weber/Schumm moved to set the agenda as amended with the additions of agenda/packet
deadline and block/joint repairs. All voted aye.
Approval of Minutes
Members Sorensen/Schumm moved to approve the minutes of the August 13, 2012 Board Meeting.
All voted aye.
Finance Reports
Lannes highlighted the money was received from the insurance claim for the roof replacement. Fitch
mentioned the $533 per month for a blanket maintenance contract with SCR in St. Cloud worked out
very well for the past year and wishes to continue the contract.
Members Wagner/Schumm moved to approve the August 2012 list of claims in the amount of
$9,646.69 and the August Financial Report as presented. Wagner mentioned that the arena balance
works well because of the debt service payments being completed. All voted aye.
Lannes confirmed the arena agenda/packet deadline to be one week prior to the set STMA Arena
Board meeting. All items must be submitted to Lannes by such date.
Arena Manager’s Report
Fitch provided the board with a report of ice usage and operation for August 2012 mentioning to date
from March 1st to August 31st the total hours in ice time (including open hockey and open skate of 144
hours) was 569 hours. In addition Mr. Fitch updated the board on advertising signs.
Fitch brought forward a request from Youth Hockey to set the ice time rate for 12 UA Regional
Hockey Tournament and overtime charges. There was discussion about number of hours needed and
how to address the overtime if there was any. The board tabled the overtime rate charges and number
of hours needed for the tournament until more information is available in October. Weber/Schumm
motioned to charge the normal base hourly rate, which is currently $185/hour, for Minnesota Hockey
sanctioned tournaments including the 12 UA Regional Hockey Tournament in the spring of 2013. All
voted aye.
Fitch discussed with the board about looking into a transient vendor for the Arena during the high
school games. The board requested Fitch to look into and if feasible bring it back to the board with
specifics. Lannes informed both youth hockey, Mr. Fitch and the board that the transient vendor needs
a license/permit from the City of Albertville.
Old Business
The Board gave an update on the budget request of $10,000 annually from the school and the two
cities. In the update the school did add it to their 2013 budget. Lannes reported that the City of St.
Michael and City of Albertville do not have the request in the 2013 budgets, but agree to the concept
Agenda Page 26
STMA Arena Board Minutes – May 14, 2012 – Page 2
and if there are funds available at the end of 2012 they will contribute the $10,000 to the Arena Capital
Improvement Fund.
Fitch requested approval from the board on the bids to approve the repairs on the exterior of the arena.
The board requested last month to check references and return for approval. Sorenson/Schumm
motioned to accept the bid from Sunrise Specialty Contracting for repair control joint, cracks and
cracked block exterior and to authorize Mr. Fitch to finalize that arrangement. All voted aye.
New Business
Chairman Lindquist started the discussion regarding the dissemination of financial information.
Lindquist summarized that there has been rumors, innuendos and in some instances out right
accusations of either financial mismanagement of the STMA Arena or outright misappropriation of
funds into the general fund of the City of Albertville. It runs the gamete of grumblings of how can that
arena not make more money all the way to the arena revenue and funds have been misdirected into the
general fund of the City of Albertville. That is a serious allegation which involves and impugns the
integrity of the members of the STMA Arena Board and other civil servants and as elected officials the
board takes seriously and has to address the issue. The board is open to hearing suggestions, questions
or ideas on particular management items involving the operations of the arena to be more efficient or
cost effective. The serious allegations of financial improprieties on behalf of the board or unnamed
city officials are absolutely, categorically false. The allegations are very serious and very damaging to
the reputations of a number of individuals. The board is hoping that the leadership of the youth hockey
association can do something to silence these rumors. The board cannot prove a negative, but can
provide audited financial statements, which is done within the annual independent audit of the City of
Albertville. Those financials are public information and open for review and have been previously
requested by members of the youth hockey association. Any issue or allegations of misappropriation
of funds or misuse of funds can be disproven by simply looking at the financial records. The board
hopes that if you hear such rumbles from members of your association that you encourage them to
make an appointment to come in and sit down with the City staff and go over it to make sure those
issues are addressed. The board wants to stop the rumors and allegations of misuse of funds and
financial improprieties because it is important, not just because they are serious accusations against
public official, but just as importantly the STMA Arena Board feels very strongly that those kinds of
rumors and allegations are damaging to the relationship between youth hockey association and the
arena board and in particular to the shared goal of a second sheet of ice.
Member Weber asked Lannes to explain how the Arena numbers can be in the City’s numbers, but still
separated to help the general public understand how that works and how the STMA Arena is actually
separate business. Lannes explained that in the audited financial statements of the City of Albertville
the STMA Arena has it’s own balance sheet and change in net assets. These statements are all the
funds, revenues and expenses, for just the arena. In the City of Albertville’s book the STMA Arena is
a separate fund in which all transactions in that fund are just for the STMA Arena. Board Member
Wagner stated that the City of Albertville took over in 2010, and that is a critical point that anything
prior to 2010 the school district had with the same type of system. Board Member Weber stated that
the City does not have access to use arena funds to pay bills that are not for the arena. Lannes stated
the City of Albertville does front money for the arena if the STMA Arena does not have enough funds
to pay certain bills, for example the roof repair, and only reimburses itself for the actual City funds
used to pay an arena expense. Therefore, there is interaction between the City of Albertville and the
Agenda Page 27
STMA Arena Board Minutes – May 14, 2012 – Page 2
STMA Arena as far as funding, but it is kept financially separate. All bills for the arena are in the
arena’s name and approved by Mr. Fitch, not in the name of the City of Albertville. Chairman
Lindquist stated that it is very clear how the board feels about this issue and he opened it up to
questions from youth hockey. Ms. Tupper mentioned that she believes that the members know how
the arena is run and that it is a separate entity and apologizes for what they said. Tupper believes it is
just frustration due to the second sheet of ice. Chairman Lindquist stated that he hopes they go back to
the youth hockey members telling them that the board wants to be transparent and if they have
questions or suspicions that the youth hockey members have an obligation to investigate and confirm it
before rumors are spread. Kurt Sjelin stated one of his goals as president of the youth hockey
association is transparency. Sjelin stated he has put several committees together to work on different
areas and he will talk to his members about this issue and apologizes as the president for any rumors
that have been spread and he takes accountability to it and he will work hard to make sure the members
are given accurate information. Board Member Sorenson stated he felt this was a good conversation
and the board appreciates Sjelin’s receptiveness and response. Mr. Thistle commented that to make
sure it was very clear that the kind of accusations that are being made are basically accusations of
criminal activity, this is taken very seriously, and he encourages individuals to come in, if they feel that
way, and make those charges known. Also, Thistle, stated that those individuals can be held
accountable for those kind of statements. Thistle stated it is greatly encouraged if someone would like
to come in and look at the books, but that individual who comes in needs to understand what they are
reviewing in terms of accounting standards and principles.
Tupper and Sjelin updated the board on several items the youth hockey association is working on.
The first item was the Dry Land Facility. Youth Hockey is looking at leasing a property in Albertville
for the use of a dry land facility and with gambling revenues will subsidize a large portion of the
facility and training.
Second, the fundraising thermometers, there was a question on how they are used. Sjelin stated the
association is cautious on handing the funds over to the STMA Arena. There was discussion on how
the thermometers are not used until the funds are deposited into the STMA Arena Expansion Account.
Youth Hockey was questioning if they do hand the money over if the expansion does not occur could
they receive their money back. The board suggested having youth hockey have an attorney draw up an
agreement which the board will review that has a sunset provision that if the expansion has not
occurred by that date the money which was deposited by the association would be returned. There was
some confusion on how the thermometers work as youth hockey was under the impression that the
three thermometers was for separate millions (three million dollars) and that the governing bodies
needed to pay the bond. The STMA Arena Board cleared up the confusion by stating the
thermometers, at all three locations, were for the $1 million dollars that youth hockey or other privately
raised funds are collected and is not part of the governing bodies funding for the expansion to trigger
the project. The expansion fund is a separate dedicated account and all donations need to be written to
STMA Arena Expansion Fund.
Third, Sjelin updated the board on a “Public Awareness Campaign”. Sjelin has encouraged the
association members to talk to their neighbors about showing support for the expansion by contacting
the City Council Members and the School Board Members.
Finally, Sjelin discussed with the board the overview of a possible proposal to the Cities and the
School about the arena. The items discussed were bonding for the second sheet, would there be
consideration for the governing bodies to sell the arena to youth hockey. Board Member Weber asked
Agenda Page 28
STMA Arena Board Minutes – May 14, 2012 – Page 2
Sjelin if he has investigated the payback of the Mighty Ducks Grant. After further discussion Board
Member Schumm asked Lannes to provide the legal documents from the State of Minnesota regarding
the Mighty Ducks Grant. Lannes stated she would provide that documentation but cautioned there is
language in the agreement that the governing entities of the STMA Arena have to get permission from
the State of Minnesota to sell the Arena. Sorenson asked about if the association purchases the arena
that it would no longer be exempt from property taxes since it is no longer under City use. Lannes
replied that is correct, the building would have property taxes and would be substantial. Lannes also
reported a year ago the board looked at bonding for the project and, at that time, it was the most cost
effective way to finance the second sheet. Also, there were four different options presented on the
expansion and funding back in 2011. The board requested that as the association has questions in
putting together proposals they could work with the City of Albertville staff.
Tupper asked if the fundraising could be put on the governing entities websites and newsletters.
Lannes stated as far as the City of Albertville, it could put that in the next newsletter. The board
agreed that the Cities and the School would do what they could to increase awareness.
Board Member Schoen applauded and thanked Sjelin and Tupper for coming to the meeting and being
very candid about what is going on.
Adjourn
Members Sorenson/Schoen moved to adjourn at 7:52 p.m. All voted aye.
Attest:
_____________________________
Tina Lannes, Finance Director
Agenda Page 29
Mayor and Council Communication
M:\Public Data\City Council\Council Packet information\2012\09 17 2012\Wagener RV RCA.doc
Meeting Date: INSERT DATE
September 12, 2012
SUBJECT: PLANNING DEPARTMENT – RESIDENTIAL OUTDOOR STORAGE – WAGENER
RECREATIONAL VEHICLE (10690 56TH STREET NE)
BACKGROUND: At the September 4, 2012 City Council meeting, Pete Wagener spoke to the
City Council regarding the storage of his recreational trailer on his site at 10690 56th Street NE.
He asked for City guidance to allow him to store his trailer (8.5 feet wide by 35 feet long) along
the west side of his home. This side yard is 12 feet in width, with a two foot eave extending into
this side yard from the garage.
To accommodate this side yard storage, Mr. Wagener proposed to construct a retaining wall,
beginning 15 feet from the 56th Street curb to the back of the garage on the lot line. The area
between the retaining wall and driveway/garage will be leveled and surfaced to support the
maneuvering and storage of the recreational vehicle. This layout presents the following issues:
1. Section 1100.5.A.3 requires a five foot setback for retaining walls within the side yard
(variance required).
2. The proposed retaining wall and paved surface would be located within a five foot
drainage and utility easement.
3. Section 1000.15.b allows for the storage of the recreational vehicle in a side yard with the
following conditions:
b. Side Yard Storage.
1. All permitted recreational vehicle storage must be on an area surfaced with asphalt,
concrete or crushed rock with a border that prevents erosion.
2. All permitted recreational vehicle storage must be set back at least two (2) feet from the
property line.
3. Permitted recreational vehicle storage shall not interfere with stormwater drainage or be
located over an existing utility and may be subject to the review and approval of the Zoning
Administrator.
4. On a corner lot, all permitted recreational vehicle storage must be set back at least twenty
(20) feet from the property line abutting a street right-of-way.
The proposed site plan will require variances from the two foot setback and location
within the easement.
Agenda Page 30
Mayor and Council Communication – September 17, 2012
Wagener RV Page 2 of 4
M:\Public Data\City Council\Council Packet information\2012\09 17 2012\Wagener RV RCA.doc
Meeting Date: September 17, 2012
4. The site plan expands the driveway at a 45 degree angle beginning at the curb line and
extending to the west side lot line 15 feet from the curb. The attached survey illustrates a
12 foot boulevard for 56th Street. Near the front lot line, the driveway will be
approximately 40 feet in width.
5. Using Mr. Wagener’s measurement of a 1.5 foot retaining wall with a trailer stored on
top will place a solid wall of approximately 10 feet in height on the shared lot line. On
September 11, 2012, staff had the opportunity to speak with Tim Turpen, the adjoining
neighbor to the west. He verbally indicated that he was all right with Mr. Wagener’s
proposed plan.
COUNCIL OPTIONS:
Code Amendment. Section 1000.15 outlines the City’s regulations pertaining to outdoor
storage within residential areas (see attached). The regulations allow storage of up to two
recreational vehicles in any yard of a residential lot provided setbacks are complied with. The
Albertville Zoning Ordinance is fairly liberal on this issue by just regulating location.
One option for addressing the Wagener issue would be to amend the City Code to allow the
storage of vehicles up to the property line. In considering this option, the City Council must be
aware that the City may not always have agreement between neighbors as to location, height, and
appearance of storage along shared property lines.
Additionally, the City, as part of the subdivision process, establishes setback and easements to
accommodate side utilities, drainage and access to rear yards. Any ordinance changes will need
to recognize the intended functions of the easements and required setbacks.
In changing the outdoor storage regulations, the City will be defining new standards to all
residential lots in Albertville. In review of the current standards, the Council should direct staff
on desired changes. In considering any changes, the City must not only consider the needs of the
individual storing a recreational vehicle, but the impact on the adjoining properties and within
the larger neighborhood.
Variance. Recent State Statutes have changed the criteria for variances, making consideration
of a variance easier for municipalities to approve. The criteria for variance is now:
(1) Variances shall only be permitted when they are in harmony with the general purposes and
intent of the ordinance and when the variances are consistent with the comprehensive plan.
(2) Variances may be granted when the applicant for the variance establishes that there are
practical difficulties in complying with the zoning ordinance.
(3) Practical difficulties, as used in connection with granting of a variance, means that the
property owner proposes to use the property in a reasonable manner not permitted by the zoning
ordinance:
Agenda Page 31
Mayor and Council Communication – September 17, 2012
Wagener RV Page 3 of 4
M:\Public Data\City Council\Council Packet information\2012\09 17 2012\Wagener RV RCA.doc
Meeting Date: September 17, 2012
(a) Plight of the landowner is due to circumstances unique to the property not created by
the landowner;
(b) The variance, if granted, will not alter the essential character of the locality;
(c) Economic considerations alone do not constitute practical difficulties;
(d) Granting the variance would not confer on the applicant special privilege that is denied
by this ordinance to other lands, structures or buildings in the same district.
The variance allows the City to consider the needs of an individual lot. If practical difficulties
unique to the property can be demonstrated, the City can approve a variance solely for one
property. However, if the variance findings have application to other lots, it can be expected that
similar variance requests will be requested and approved.
In examination of the Wagener property, it may be difficult to identify practical difficulties that
distinguish this lot from other lots throughout the community. The Council will also need to find
that the extent of the proposed site improvements are in character with the community and
neighborhood and that the use is reasonable.
Rear Yard Storage. The Zoning Ordinance allows for rear yard storage that would
accommodate the trailer at 10690 56th Street NE without a text amendment or variance. The
Council did not find this to be an acceptable alternative. This raises the question as to whether
rear yard storage should be allowed or if additional performance standards are needed to insure
proper screening. Nothing prevents the property owner from screening the rear yard storage area
if they have concerns for the neighboring properties or view from the street.
Off-Site Storage. This issue was a result of a complaint with the trailer being stored in the front
yard and extending into the required 15 foot setback from the curb. The Albertville Zoning
Ordinance does not regulate the size of a recreational vehicle, rather it just requires the storage of
the recreational vehicle to meet specific setbacks. In this case, it may be the size of the trailer
that is creating the difficulty rather than the City Code or specific lot.
Conclusion. The aforementioned options are available to address residential storage issues. To
allow for side yard storage at 10690 56th Street NE, the Council will need to direct staff to either
amend the ordinance or direct the property owner to pursue a variance.
An ordinance change will apply City-wide. The variance may offer a more limited application.
Whichever option is directed by Council, City staff will work to achieve the directive with the
best results.
POLICY/PRACTICES CONSIDERATIONS: Either option will require a public hearing
before the Planning Commission and action of the City Council. The decision on either a zoning
text amendment or variance will be a policy decision of the Council.
Agenda Page 32
Mayor and Council Communication – September 17, 2012
Wagener RV Page 4 of 4
M:\Public Data\City Council\Council Packet information\2012\09 17 2012\Wagener RV RCA.doc
Meeting Date: September 17, 2012
FINANCIAL CONSIDERATIONS: There does not appear to be any financial concerns at
this time.
LEGAL CONSIDERATIONS: Not applicable.
Department/Responsible Person: Planning/Alan Brixius, City Planner
Reviewed by: RDT
Attachments: Lot Survey, Applicant’s Site Plan, Section 1000.15 Outdoor Storage
Agenda Page 33
Agenda Page 34
Agenda Page 35
1000.15: OUTSIDE STORAGE, RESIDENTIAL, COMMERCIAL AND INDUSTRIAL USES:
A. All outside storage of materials and equipment for residential uses (excluding farms) shall be stored within a
building or fully screened so as not to be visible from adjoining properties, except for the following:
1. Clothesline pole and wire.
2. Not more than two (2) recreational vehicles, subject to the following conditions:
a. Front Yard Storage:
(1) All permitted recreational vehicle storage must be on a driveway or paved surface.
(2) All permitted recreational vehicle storage must be set back at least fifteen feet (15') from the back of the
curb and may not extend into any sidewalk area.
(3) Permitted recreational vehicle storage shall not interfere with stormwater drainage or be located over an
existing utility and may be subject to the review and approval of the zoning administrator.
b. Side Yard Storage:
(1) All permitted recreational vehicle storage must be on an area surfaced with asphalt, concrete or crushed
rock with a border that prevents erosion.
(2) All permitted recreational vehicle storage must be set back at least two feet (2') from the property line.
(3) Permitted recreational vehicle storage shall not interfere with stormwater drainage or be located over an
existing utility and may be subject to the review and approval of the zoning administrator.
(4) On a corner lot, all permitted recreational vehicle storage must be set back at least twenty feet (20') from
the property line abutting a street right of way.
c. Rear Yard Storage:
(1) All permitted recreational vehicle storage must be set back at least five feet (5') from the rear lot line and
five feet (5') from the side lot line(s) if not on a paved surface.
(2) Permitted recreational vehicle storage shall not interfere with stormwater drainage or be located over an
existing utility and may be subject to the review and approval of the zoning administrator.
3. Construction and landscaping material currently being used on the premises.
4. On and off street parking of currently registered and operable passenger vehicles and trucks not to exceed
a gross weight of twelve thousand (12,000) pounds.
5. Lawn furniture or furniture used and constructed explicitly for outdoor use.
6. Rear or side yard exterior storage of firewood for the purpose of consumption only by the person or persons
on whose property it is stored.
Agenda Page 36
Mayor and Council Request for Action
M:\Public Data\Requests for Council Actions (RCA)\2012\09 17 2012 152 Club Outdoor Music Event.doc
Meeting Date: September 17, 2012
September 12, 2012
SUBJECT: PLANNING DEPARTMENT – 152 CLUB OUTDOOR MUSIC EVENTS REQUEST (5794
MAIN AVENUE NE)
RECOMMENDATION: It is respectfully requested that the Mayor and City Council consider
the following motion:
MOTION: Adopt Resolution No. 2012-038 approving outdoor music events for 152 Club for
the dates of September 29, 2012 and October 13, 2012.
BACKGROUND: The 152 Club has submitted application for two outdoor music events. The
first is September 29, 2012 for an outdoor wedding with a D.J. and second is October 13, 2012
for the 152 Club annual Oktoberfest. The Oktoberfest celebration will involve two bands – one
playing from 3:00 PM to 7:00 PM and the second band playing 8:00 PM to Midnight.
The applicant has provided the attached aerial photo showing the band stage location and
setbacks from nearby residential properties. The following is our review against City standards:
A. Any person, organization, and/or entity shall be limited to a maximum of two (2) permits
per year. No commercial property shall host more than three (3) events in a calendar
year.
Comment: The applicant is compliant.
B. The permit applicant must pay a permit fee as set by the City Council by ordinance and
provide information and/or a plan(s) that demonstrates that the site event will comply
with the performance standards of this Code.
Comment: The applicant has submitted an application form, fee, and site plan showing
location of the stage.
C. The permit applicant must demonstrate that there will be adequate sanitary facilities for
the event.
Comment: The applicant offers bathroom facilities within the principal building.
Oktoberfest has been conducted on the site in past years without any sanitation issues.
D. The permit applicant must demonstrate that there will be adequate security and fencing to
control access to the event at the location of the outdoor musical performance.
Comment: The outdoor music event is located within the 152 Club outdoor recreation
area, which is fenced and gated to control access.
Agenda Page 37
Mayor and Council Request for Action – September 17, 2012
152 Club Outdoor Music Event Page 2 of 3
M:\Public Data\Requests for Council Actions (RCA)\2012\09 17 2012 152 Club Outdoor Music Event.doc
Meeting Date: September 17, 2012
E. The permit applicant must have sufficient off-street parking. The music event shall not
occupy required parking for the principal use of the site.
Comment: The applicant is compliant.
F. The outdoor musical performance must not interfere with other commercial and
governmental activities or with the quiet enjoyment of residential property.
G. The stage, performers, speakers and amplifiers are located three hundred feet (300’) from
any residence located in a residential zoning district.
H. The stage, speakers, and amplifiers are arranged in a design and manner that does not
directly broadcast music at or toward a residence within three hundred feet (300’) of the
stage.
Comment: The applicant’s site plan illustrates that the band will be located within a tent
and located 300 feet away from the residential property to the west. The stage must
demonstrate a 300 foot separation from the residential properties along 57th Street NE to
the south.
Enclosing the stage within a tent will help mitigate noise levels. The orientation of the
stage is to the west, away from the residential zoned properties along 57th Street NE. The
western orientation also allows the existing principal building and the new building
addition to partially block noise.
I. Outdoor music events shall be allowed between May 15 and October 15 and the live
outdoor musical performance shall only occur on the dates and during the hours
designated by the City Council.
Comment: The applicant is compliant.
J. Outdoor music events shall not perform beyond twelve o’clock (12:00) midnight.
Comment: The applicant is compliant.
K. The volume of the outdoor musical performance must be reasonable. The permit holder
shall comply with all requests of the Sheriff’s Department to reduce volumes to mitigate
nuisance complaints.
L. Failure to abide by these standards or the receipt of nuisance complaints may be grounds
for denial of future outdoor musical permits for the property.
Comment: Provision K. and L. above are conditions of all outdoor music events. If
approved, the City staff will advise the County Sheriff of these events and request
monitoring of these events during these evenings. The Sheriff’s Department will be
advised that they have the discretion to require the volume of the music to be reduced.
Agenda Page 38
Mayor and Council Request for Action – September 17, 2012
152 Club Outdoor Music Event Page 3 of 3
M:\Public Data\Requests for Council Actions (RCA)\2012\09 17 2012 152 Club Outdoor Music Event.doc
Meeting Date: September 17, 2012
POLICY/PRACTICES CONSIDERATIONS: The applicants were reviewed against Section
5-5-3 of the Albertville City Code and found to be compliant. Staff is recommending approval.
FINANCIAL CONSIDERATIONS: None.
LEGAL CONSIDERATIONS: In accordance with Council procedures, the Mayor and City
Council has the authority to approve or deny outdoor music event permits.
Department/Responsible Person: Planning/Alan Brixius, City Planner
Reviewed by: RDT
Attachments: Resolution No. 2012-038
Application
Site Plan
Agenda Page 39
CITY OF ALBERTVILLE
COUNTY OF WRIGHT
STATE OF MINNESOTA
RESOLUTION NO. 2012-038
RESOLUTION APPROVING APPLICATION FOR OUTDOOR MUSIC EVENTS AT
5794 MAIN AVENUE NE WITHIN THE ALBERTVILLE CITY LIMITS
WHEREAS, Trisha Holm, owner of 152 Club, located at 5794 Main Avenue NE, has
applied for temporary outdoor music events at the property to be legally described as follows:
Lot 2, Block 1, Albertville Railway Exchange, Wright County, Minnesota. (5794
Main Avenue NE)
WHEREAS, Ms. Holms has submitted the application for the outdoor music events
along with a Site Plan and description of the outdoor music event; and
WHEREAS, City Staff has reviewed the submitted application: the RCA, dated
September 12, 2012, has been prepared by Northwest Associated Consultants that outlines the
city staff findings and recommendations; and
WHEREAS, the Albertville City Council met on September 17, 2012 to consider the
temporary outdoor music event application; and
WHEREAS, the Albertville City Council received the application, and the staff review
documents, and agrees with staff RCA findings; and
NOW, THEREFORE BE IT RESOLVED, that the City Council of Albertville,
Minnesota hereby approves the temporary outdoor music event application for 5794 Main
Avenue NE, per the attached outdoor music event description and Site Plan, and subject to the
following conditions:
1. The stage for the outdoor music events must demonstrate a 300 foot separation from the
residential properties along 57th Street NEto the south.
2. The volume of the outdoor musical performance must be reasonable. The permit holder
shall comply with all requests of the Sheriff’s Department to reduce volumes to mitigate
nuisance complaints.
3. Failure to abide by these standards or the receipt of nuisance complaints may be grounds
for denial of future outdoor musical permits for the property.
Agenda Page 40
City of Albertville
County of Wright
Resolution No. 2012-038
Page 2
Adopted by the Albertville City Council this 17th day of September 2012.
Mark Meehan, Mayor
Kimberly A. Olson, City Clerk
Agenda Page 41
Agenda Page 42
Agenda Page 43
Agenda Page 44
Agenda Page 45
Agenda Page 46
Agenda Page 47
Mayor and Council Request for Action
M:\Public Data\Requests for Council Actions (RCA)\2012\09 17 2012 Darkenwald Confidentiality Agreement RCA.doc
Meeting Date: September 17, 2012
September 13, 2012
SUBJECT: LEGAL - Darkenwald Confidentiality Agreement
RECOMMENDATION: It is respectfully requested that the Mayor and Council consider the
following:
MOTION TO: Approve Agreement To Keep Selected Business Information Confidential with
Darkenwald Holdings, Ltd.
BACKGROUND: Darkenwald Holdings, Ltd. (“Darkenwald”) met with City Staff to share
information that Darkenwald has prepared a development plan for the Roden property north of I-
94 and west of CSAH 19 (about 100 acres in the vicinity of Welcome Furniture). However,
because Darkenwald does not have the major players signed up yet for this development
proposal, Darkenwald does not wish to disclose any details of this proposal to the City for fear
that if the proposal becomes public too early, other competitors will either seek to attract these
same players to their developments or seek to block the Darkenwald project as a potential
competitor. Because Darkenwald’s project is likely to include a proposal that the City assist in
some of the infrastructure construction/funding, the City will need to know some of the details of
the proposal early in the development process. In order to facilitate maintaining their proprietary
materials confidential, the City proposed entering a confidentiality agreement with the firm. The
attached Agreement to Keep Selected Business Information Confidential has been prepared to
govern when the City may release such information.
KEY ISSUES:
• The confidentiality agreement seeks to keep the following information confidential:
a. Financial information about Darkenwald’s business plans related to the Property,
including credit reports, financial statements, net worth calculations and business
plans (including the names and types of prospective tenants or businesses
intended to locate on the Property).
b. Income and expense projections, balance sheets, customer lists, income tax returns,
and design, market, and feasibility studies not paid for with public funds.
• In general, the City will not release any oral information it receives regarding the
proposed Darkenwald development.
• The City will not release written information it receives regarding the proposed
Darkenwald development, unless:
a. Required by a Court of law, or by applicable state or federal law;
b. If disclosure is required by the Minnesota Data Practices Act;
Agenda Page 48
Mayor and Council Request for Action – September 17, 2012
DARKENWALD CONFIDENTIALITY AGREEMENT Page 2 of 2
M:\Public Data\Requests for Council Actions (RCA)\2012\09 17 2012 Darkenwald Confidentiality Agreement RCA.doc
Meeting Date: September 17, 2012
c. After public financial assistance is provided by the City, or when Darkenwald
receives a benefit from the City;
d. The City may release the following general information at any time:
i. The general category of proposed development (e.g. retail, office,
hospitality, industrial, etc.).
ii. The estimated square footage of proposed development.
iii. The estimated market value of such proposed development.
iv. The type and extent of municipal services the City is anticipated to
provide to support such development.
v. Potential job creation data.
vi. The type and extent of projected City financial assistance or benefit
projected to be financed with public funds.
POLICY/PRACTICES CONSIDERATIONS: Approval of this agreement will necessarily
mean that detailed information regarding proposed tenants, types of land uses, and other specific
information regarding the proposed development either will not be contained in the City’s files
or will not be able to be discussed publicly. Because there is no exception under which we can
close a City Council meeting to discuss this information, the City Council will likely not have
access to the usual amount of detail that it would normally have for other developments, nor will
staff be able to provide the same level of information to the Council at Council meetings, at least
at the preliminary stages. This is going to put the Council members in the uncomfortable
position of having some information related to a proposed development that it cannot discuss
with Albertville residents, or of having incomplete information and not being able to fully
respond to residents’ questions regarding the proposed development.
When the project gets to the point when it is requesting a specific zoning approval, staff
anticipates that more (but not necessarily all) information will be made public so that the City
Council can make an adequate and informed decision.
FINANCIAL CONSIDERATIONS: There are no financial considerations associated with this
Agreement.
LEGAL CONSIDERATIONS: This Agreement will be binding upon the City, including City
Staff and City Council members. The City does not have to enter into this Agreement, but if it
does, the City could be liable for damages caused if it breaches the Agreement. Essentially, it
will require the City to make sure that any data released is either required to be released by the
Data Practices Act or is of a very general nature that falls within the exceptions set out in the
Agreement. There is no expiration date on this Agreement, as we do not know when the
proposed development will actually occur.
Submitted Through: Mike Couri, City Attorney.
Department/Responsible Person: Bob Thistle, City Administrator/Mike Couri, City Attorney.
Reviewed by: RDT
Attachments: Agreement to Keep Selected Business Information Confidential
Agenda Page 49
Mayor and Council Request for Action – September 17, 2012
DARKENWALD CONFIDENTIALITY AGREEMENT Page 3 of 3
M:\Public Data\Requests for Council Actions (RCA)\2012\09 17 2012 Darkenwald Confidentiality Agreement RCA.doc
Meeting Date: September 17, 2012
Attachments: Agreement to Keep Selected Business Information Confidential
Agenda Page 50
1
AGREEMENT TO KEEP SELECTED
BUSINESS INFORMATION CONFIDENTIAL
Whereas, Darkenwald Holdings, Ltd. (“Darkenwald”) owns land and has an option on additional land north of Interstate 94 and west of CSAH 19 (“Property”) in the City of Albertville (“City”); and
Whereas, Darkenwald desires to develop such Property with financial assistance from the City or with a benefit financed by public funds; and
Whereas, Darkenwald has developed a business plan, including potential tenants, potential business concepts and other original business ideas that need to be protected from public disclosure in order to preserve Darkenwald’s competitive advantage; and
Whereas, Minnesota Statute 13.591 allows such business data to be protected from public disclosure under certain conditions; and
Whereas, the City and Darkenwald desire to protect such qualifying business data from public disclosure as allowed by law;
NOW, THEREFORE, the City and Darkenwald agree as follows: 1. The City shall comply with the Minnesota Data Practices Act. 2. Except as otherwise provided in this Agreement, the City shall not disclose to any person or entity the following written information provided by Darkenwald related to the Property: a. Financial information about Darkenwald’s business plans related to
the Property, including credit reports, financial statements, net worth
calculations and business plans (including the names and types of
prospective tenants or businesses intended to locate on the Property). b. Income and expense projections, balance sheets, customer lists,
income tax returns, and design, market, and feasibility studies not
paid for with public funds. 3. Except as otherwise provided in this Agreement, the City shall not disclose any oral information relating to the proposed development on the Property. 4. The City may disclose such information described in paragraphs 2 and 3 of this Agreement under the following conditions:
Agenda Page 51
2
a. When required by a Court of law, or by applicable state or federal law; or b. If the City deems disclosure is reasonably necessary to defend itself in litigation related to a breach of contract claim under this Agreement; or c. If disclosure is required by the Minnesota Data Practices Act; or d. If the Minnesota Department of Administration, Information Policy Analysis Division opines that such data is public under the Minnesota Data Practices Act; or e. After public financial assistance is provided by the City, or when Darkenwald receives a benefit from the City, the City may release all such information described in paragraphs 2 and 3, except that the
following data shall remain private or nonpublic: business plans;
income and expense projections not related to the financial
assistance provided; customer lists; income tax returns; and design,
market, and feasibility studies not paid for with public funds; or f. Any information that is disseminated to the general public by others
or that is provided to the City by a source other than Darkenwald or
agents of Darkenwald identified to the City as Darkenwald’s agents;
or g. Any information contained in an application by Darkenwald for
zoning, subdivision or building permit approval, as well as any
information necessary to process such application to completion; or h. Provided such disclosure is limited to: i. The general category of proposed development (e.g. retail, office, hospitality, industrial, etc.). ii. The estimated square footage of proposed development. iii. The estimated market value of such proposed development. iv. The type and extent of municipal services the City is anticipated to provide to support such development. v. Potential job creation data. vi. The type and extent of projected City financial assistance or benefit projected to be financed with public funds. 5. In the event of a request for information contained in paragraphs 2 or 3 above, and the City submits such request to the Minnesota Department of Administration, Information Policy Analysis Division (“IPAD”) for an opinion, Darkenwald shall reimburse the City for the fee charged by IPAD to render such opinion. Such reimbursement shall occur within 30 days. In the event Darkenwald fails to reimburse the City for such costs, the City shall have no further obligation under this Agreement. 6. This Agreement shall be effective upon approval by the Albertville City Council and execution by all parties.
Agenda Page 52
3
Dated: ______________________ 2012
DARKENWALD HOLDINGS, LTD. CITY OF ALBERTVILLE _________________________________________ ________________________________________ By: John Darkenwald Mark Meehan, Mayor Its: President ________________________________________ Kimberly A. Olson, City Clerk
Agenda Page 53
Mayor and Council Request for Action
M:\Public Data\Requests for Council Actions (RCA)\2012\09 17 2012 Building Services contract.doc
Meeting Date: September 18, 2012
September 13, 2012
SUBJECT: Building Inspection Contract with St. Michael.
RECOMMENDATION: It is respectfully requested that the Mayor and Council consider the
following:
MOTION TO: Approve Cooperative Service Agreement Building Inspection Services
between the City of St. Michael and the City of Albertville.
BACKGROUND: John Sutherland left the City of Albertville in May of 2012. Since that time
the City has been using the services of Paul Heins, St. Michael’s building inspector, as
Albertville’s Building Official. The Staff of the two cities have been working on a contract to
formalize this situation, essentially sharing the costs of building inspection between the two
cities.
The contract utilizes a formula that averages Albertville’s commercial and industrial market
valuation as a percentage of both Albertville’s and St. Michael’s total commercial and industrial
market valuation and Albertville’s population as a percentage of both Albertville’s and St.
Michael’s total population. This percentage is then used to allocate a portion of St. Michael’s
building inspection department expenses to Albertville. City Staff believes that the percentage of
commercial and industrial valuation represents an approximate measure of the commercial and
industrial demand for building inspection services, while the percentage of population represents
an approximate measure of the residential demand for building inspection services.
St. Michael’s building inspection costs include the wages and benefits of St. Michael’s
inspectors, along with 25% of the wages and benefits of clerical staff assigned to the building
department. Also included in Albertville’s costs is reimbursement to St. Michael of 4,000 miles
at the IRS mileage rate.
This formula yields an estimated Albertville payment to St. Michael for inspection services in
2013 of $94,000. The payment is expected to vary slightly from year to year depending upon the
changes in population, commercial/industrial valuation and St. Michael’s budget. This formula
should work well given the current housing market. However, if development picks up to the
point that St. Michael has to hire another building inspector, the parties will likely have to
renegotiate the formula in this agreement to fairly allocate the cost of a new inspector. The
agreement may be terminated by either party upon 60 days notice.
KEY ISSUES:
• If approved, the contract will continue indefinitely unless terminated by either party.
Agenda Page 54
Mayor and Council Request for Action – September 18, 2012
Building Inspection Contract with St. Michael.
Page 2 of 2
M:\Public Data\Requests for Council Actions (RCA)\2012\09 17 2012 Building Services contract.doc
Meeting Date: September 18, 2012
• Albertville will still need to pay its own clerical costs related to building inspections (this
includes a portion of Sue’s time).
• Albertville collects and keeps all building permit fees on Albertville building permits.
• In addition to inspection of new construction, St. Michael will also provide rental
inspection, vacant home and hazardous building inspection services under this
Agreement.
• If necessary, Albertville could terminate this Agreement upon 60 days notice and hire its
own building inspector (or contract the service out to a private vendor).
• Paul Heins has been acting as Albertville’s building official since May and has worked
well with City Staff.
• The $94,000 cost is included in the 2013 budget.
POLICY/PRACTICES CONSIDERATIONS: City Staff proposes this option as a relatively
simple, cost effective way to provide building inspection services to the public. The City
Council has other options to provide these services, including hiring its own building official as
an employee or contracting the service out to a private building inspection firm. City Staff
estimates that a private firm will charge a fee in the mid-$90,000 range to provide a similar level
of service, but they will likely be located farther away from Albertville than St. Michael’s
inspector. City Staff believes that hiring a Building Official as an employee will cost more than
the $94,000 proposed to be paid to the City of St. Michael under this Agreement.
FINANCIAL CONSIDERATIONS: The 2013 building department budget, which includes the
proposed contract with St. Michael, represents a cost savings of approximately $45,000 from that
budgeted for the department in 2012.
LEGAL CONSIDERATIONS: The proposed Contract has been reviewed by the legal staff for
both Cities, and they have sign off on the contract.
Submitted Through: Adam Nafstad, City Engineer/Public Works Director and Mike Couri,
City Attorney.
Department/Responsible Person: Public Works/Adam Nafstad
Reviewed by: RDT
Reference Material on File: August 14, 2013 Building Department Memo
Attachments: Cooperative Service Agreement Building Inspection Services with attached 2013
Building Department Cost Allocation.
Agenda Page 55
1
CITY OF ALBERTVILLE
CITY OF ST. MICHAEL
COOPERATIVE SERVICE AGREEMENT
BUILDING INSPECTION SERVICES
WHEREAS, the City of Albertville (“Albertville”) Building Inspector has resigned
his position effective June 15, 2012; and
WHEREAS, the City of St. Michael (“St. Michael”) employs a building inspector
on staff; and
WHEREAS, St. Michael has excess capacity in its building inspection department
and can provide building inspection services to Albertville without hiring additional
personnel; and
WHEREAS, Albertville desires to have St. Michael provide building inspection
services to Albertville on a contract basis; and
WHEREAS, Albertville employees shall accept building permit applications at the
Albertville City Hall and cooperate with St. Michael’s building inspector in processing and
issuing building permits in Albertville; and
WHEREAS, Albertville will pay St. Michael for building inspection services as set
forth herein; and
NOW, THEREFORE, Albertville and St. Michael agree as follows:
ST. MICHAEL’S DUTIES
1. BUILDING INSPECTION SERVICES. St. Michael shall provide building
inspection services to Albertville as set forth herein. St. Michael shall provide a
Minnesota-licensed building inspector (“Building Inspector”) to Albertville to
conduct the same type of building inspection services which St. Michael’s
employees are currently providing to properties in St. Michael, including, but not
limited to, building plan review, building code inspection/compliance, vacant home
inspection, rental housing inspection, hazardous building inspection, consultation
with Albertville City staff regarding applicability of the building code to prospective
developments, and testimony in court proceedings when necessary. The Building
Inspector will be responsible for the legal aspects of building code administration
and enforcement including plan reviews and inspections per the Uniform State
Building Code and Albertville City Ordinances. The Building Inspector will accept
and review all relevant building and related permit applications, conduct all
necessary investigations, and ensure that said applications meet all requirements
under all applicable Albertville ordinances as well as all applicable State and Federal
laws, rules, and regulations, and will issue permits consistent with Albertville City
Agenda Page 56
2
ordinances. The Building Inspector shall file all required filings with the State of
Minnesota.
2. EMPLOYEE STATUS. St. Michael’s employees providing building inspection
services to Albertville shall remain employees of St. Michael and shall not be
deemed employees of Albertville for any purpose. St. Michael shall maintain
liability and errors and omissions insurance on its building inspection employees at
all times in amounts not less than the tort liability limitations set out in Minn. Stat.
466.04, and shall maintain all required workers’ compensation insurance on such
employees.
3. MONTHLY REPORTS. The Building Inspector shall submit a monthly report to
the Albertville City Council summarizing the prior month’s building permit activity
in Albertville and noting any areas of concern or suggested changes in City policy or
procedures relating to building inspection services.
4. MEETINGS. The Building Inspector shall be available upon request to attend
Albertville City Council meetings, staff meetings, or planning and zoning
commission meetings where building code-specific issues will be addressed and the
Albertville City Council or City Administrator deems the Building Inspector’s
presence necessary.
5. INDEMNIFICATION. St. Michael agrees to defend and indemnify Albertville and
its employees, officials, volunteers and agents from and against all claims, actions,
damages, losses and expenses arising out of the Building Inspector’s negligence or
omissions related to the performance or failure to perform his duties under this
Agreement except where such claim, action, damage, loss or expense is attributable
to a specific direction from Albertville or its employees, officials, agents or
representatives. Notwithstanding the foregoing, (i) St. Michael’s defense and
indemnity agreement herein is limited to the tort liability caps set forth in Minn. Stat.
Section 466.04 or to the amount of liability and errors and omissions insurance
coverage maintained by St. Michael, whichever is applicable; and (ii) St. Michael
does not waive and expressly preserves, any and all statutory and common law
defenses, including without limitation governmental immunities such as
discretionary immunity, and all applicable statutory and common law liability limits.
Albertville agrees to defend and indemnify St. Michael and its employees, officials,
volunteers and agents from and against all claims, actions, damages, losses and
expenses arising out of the negligence or omissions of its officials, agents or
representatives related to the work that is the subject of this Agreement, except
where such claim, action, damage, loss or expense is attributable to a specific
direction from the Building Inspector. Notwithstanding the foregoing, (i)
Albertville’s defense and indemnity agreement herein is limited to the tort liability
caps set forth in Minn. Stat. Section 466.04 or to the amount of liability and errors
and omissions insurance coverage maintained by Albertville, whichever is
applicable; and (ii) Albertville does not waive and expressly preserves, any and all
Agenda Page 57
3
statutory and common law defenses, including without limitation governmental
immunities such as discretionary immunity, and all applicable statutory and common
law liability limits.
ALBERTVILLE’S DUTIES
6. STAFFING AND FEES. Albertville shall staff its front desk with personnel
trained in accepting building permit applications and collecting the appropriate
application fees. All such Albertville building inspection fees paid to Albertville
shall remain funds of the City of Albertville. Albertville’s personnel shall
coordinate all requests for inspections with the Building Inspector and shall notify
the Building Inspector when building permit applications have been received or
requests for inspections are made.
7. OFFICE FACILITIES. Albertville shall make available to the Building Inspector
sufficient office space, computer, copy machine and other customary and usual
office equipment necessary for the Building Inspector to carry out its obligations
under this Agreement from the Albertville City Hall. Albertville shall not be
required to provide a car or transportation to the Building Inspector. The Building
Inspector shall use either his own car or a car provided by the City of St. Michael
when administering the building code in Albertville.
8. PAYMENT FOR SERVICES. Albertville shall pay St. Michael for building
inspection services provided under this Agreement under the following formula:
Annual Albertville Cost = ((AP/(AP + SP)) + (ABV/(ABV + SBV))) x SBDC + M
2
Where:
AP = Albertville’s population per the most recent state demographer’s office
estimate which is available on January 1 of the year services are provided.
SP = St. Michael’s population per the most recent state demographer’s office
estimate which is available on January 1 of the year services are provided.
Agenda Page 58
4
SBV = total market value (per Wright County’s Assessor’s Office) of all
commercial/industrial buildings in St. Michael on January 1 of the year prior
to the year in which services are provided.
ABV = total market value (per Wright County’s Assessor’s Office) of all
commercial/industrial buildings in Albertville on January 1 of the year prior
to the year in which services are provided.
SBDC = St. Michael’s budgeted building department cost for the year in
which services are provided (based on St. Michael’s adopted budget for such
year). This shall be limited to total wages and benefits paid to the St.
Michael and Building Inspector(s) (if the Building Inspector(s) is responsible
for performing non-building department duties, then the costs included in this
formula shall be their total wages and benefits multiplied by the percentage
of their time devoted to building department activities), and one-quarter of
the wages and benefits of St. Michael’s permit technician and zoning
coordinator. SBDC shall not include general city administrative expenses or
city hall building expense allocations.
M = 4,000 miles per year times the Internal Revenue Rate for mileage
allowance.
The 2013 Building Department Cost Allocation attached as Exhibit A to this
Agreement details Albertville’s cost and the application of the cost-sharing formula
in this paragraph for the 2013 year.
9. TIMING OF PAYMENT. Payments due under this Agreement shall be calculated
on a calendar year basis, and equal payments from Albertville to St. Michael shall
occur at the end of each calendar quarter. St. Michael shall invoice Albertville
quarterly. For the 2012 year, Albertville shall pay St. Michael two-thirds of the
amount required by paragraph 8 above, which reflects the fact that Albertville
provided its own building inspection services for the first four months of 2012.
10. EFFECTIVE DATE OF AGREEMENT. This Agreement shall be effective for
all building inspection services provided to Albertville by St. Michael after May 1,
2012 and shall continue in effect until such time as this Agreement is properly
terminated.
GENERAL CONDITIONS
11. DISPUTE RESOLUTION. The parties shall cooperate and use their best efforts to
ensure that the various provisions of this Agreement are fulfilled. The parties agree
to act in good faith to undertake resolution of disputes, in an equitable and timely
manner and in accordance with the provisions of this Agreement. If disputes cannot
be resolved informally by the parties, the following procedures shall be used:
Agenda Page 59
5
a. Mediation. Whenever there is a failure between the parties to resolve a
dispute on their own, the parties shall first attempt to mediate the dispute. The
parties shall agree upon a mediator, or if they cannot agree, shall obtain a list of
court-approved mediators from the Wright County District Court Administrator
and select a mediator by alternately striking names until one remains. St.
Michael shall strike the first name followed by Albertville, and shall continue in
that order until one name remains.
b. Litigation. If the dispute is not resolved within 30 days after the end of
medication proceedings, the parties may litigate the matter. Each party will be
responsible for all of their own costs associated with such litigation.
c. Termination. Mediation shall not act as a bar to termination of this
Agreement by either party in accordance with the provisions of Paragraph 12 of
this Agreement.
12. TERMINATION. This Agreement may be terminated by the party desiring that the
Agreement be terminated by providing sixty (60) days written prior notice to the
other party at any time. Cause is not required for such termination. Payment for
services rendered will be through the date of termination as identified in the written
notification.
13. DOCUMENTS. All documents relating to building inspections in Albertville,
including electronic data prepared under this Agreement, shall be the property of
Albertville and will be collected and maintained in a manner as deemed appropriate
by Albertville consistent with its records retention schedule. When not using
Albertville property files in the field, the Building Inspector shall store all files
related to building permits issued by Albertville at the Albertville City Hall.
14. ENTIRE AGREEMENT. This Agreement supersedes any prior or
contemporaneous representations or agreements, whether written or oral, between
the parties and contains the entire agreement of the parties related to building
inspection services.
15. AMENDMENTS. Any modification or amendment to this Agreement shall require
a written agreement signed by all parties.
16. NOTICE. Any notice, statement or other written documents required to be given
under this Agreement shall be considered served and received if delivered personally
to the other party, or if deposited in the U.S. First Class mail, postage prepaid, as
follows:
i. Notice to: City of St. Michael
City Administrator
11800 Town Center Drive N.E., Suite 300
St. Michael, MN 55376
Agenda Page 60
6
ii. Notice to: City of Albertville
City Administrator
P.O. Box 9
Albertville, MN 55301
17. CAPTIONS. Captions or headings contained in this Agreement are included for
convenience only and form no part of this Agreement between the parties.
18. WAIVER. The wavier by any party of any breach or failure to comply with any
provision of this Agreement by another party shall not be construed as, or constitute
a continuing waiver of such provision or a waiver of any other breach of or failure to
comply with any other provision of this Agreement.
19. SUCCESSORS AND ASSIGNS. St. Michael shall not have the right to assign,
transfer, or sublet its interest or obligations hereunder without the written consent of
Albertville. St. Michael may substitute for the incumbent Building Inspector in the
event of the Building Inspector’s absence or separation, or may employ the services
of one or more independent contractors in the event the volume of building
inspection work at any given time is more than can be adequately addressed by St.
Michael’s employees.
This Agreement is Accepted by the This Agreement is Accepted by the
City of St. Michael City of Albertville
Dated: ______________________ Dated: ______________________
____________________________ _____________________________
Jerry Zachman Mark Meehan
Mayor, City of St. Michael Mayor, City of Albertville
____________________________ _____________________________
Diana Berning Tina Lannes
Clerk, City of St. Michael Acting Clerk, City of Albertville
Agenda Page 61
Population Estimates April 2011 (Minnesota State Demographer's Office)
Albertville 7,044 29.87%
St. Michael 16,536 70.13%
Total 23,580 100.00%
Industrial/Commercial Value (Wright County Auditor, Pay 2013)*
Albertville $146,759,500 55.31%
St. Michael $118,585,500 44.69%
Total $265,345,000 100.00%
(*) Reflects industrial/commercial property value only (not land value)
Average % (Population and Building Value)
Albertville 42.59%
St. Michael 57.41%
Total 100.00%
Albertville Time Allocation
St. Michael Staff 2013 Salaries Time Allocation Allocation Basis Albertville Share
Bldg Official (P.H.) $106,212 42.59%Average %$45,236.60
Comb Bldg Insp (J.H.) $84,594 42.59%Average %$36,029.31
Permit Tech (A.W.) $56,462 10.65% 25% Average % (**) $6,011.91
Zoning Coord (J.I.) $44,636 10.65% 25% Average % (**) $4,752.71
$92,030.53
Notes:
(**)Allocation Basis reflects 4 to 1 Inspection to Admin Assit time
St. Michael Reimbursement
Personnel Compensation $92,031
Mileage Reimbursement - 4,000 miles/year at $0.555 (Gov. Rate) $2,220
$94,251
Total Due to St. Michael $94,251
2013 BUILDING DEPARTMENT COST ALLOCATION
ALBERTVILLE - ST. MICHAEL
EXHIBIT A
Agenda Page 62
Mayor and Council Request for Action
M:\Public Data\Requests for Council Actions (RCA)\2012\09 17 2012 Set I-94 Assessment Hearing.doc
Meeting Date: September 17, 2012
September 11, 2012
SUBJECT: I -94 WESTBOUND COLLECTOR – DISTRIBUTOR ROAD IMPROVEMENTS
RECOMMENDATION: It is respectfully requested that the Mayor and Council consider the
following motions:
MOTION: Adopt Resolution Number 2012-039 entitled, Resolution Calling for Hearing on
Proposed Assessment W.B. T.H. I-94 C-D Road.
BACKGROUND INFORMATION: Pursuant to Minnesota Statutes, Chapter 429, it is
proposed to assess benefited properties for a portion of the cost of the improvement. This
resolution accepts the preliminary assessment role and sets the date for a public hearing on the
proposed assessment. After the hearing, the Council will then have the opportunity to adopt the
assessment.
In accordance with the M.S. Chapter 429 requirements, the Council has previously accepted the
Feasibility Study, which identified the proposed project funding and assessments.
KEY ISSUES:
• The resolution is required by the M.S., Chapter 429.
• The City will need to publish and provide mailed notice as set out in M.S., Chapter 429.
• The proposed date of the public hearing on the assessment is October 15, 2012.
• The proposed assessment includes 86 parcels with a proposed assessment totaling
$945,196.12.
• No changes to the proposed assessment roll have been made since it was presented as part of
the feasibility report, which has been accepted.
• The adopted assessment role will have to be certified to the county in November of 2012 for
the levy to commence in 2013.
• The special assessments will be pledged to pay the PFA loan the City took out to finance the
ramp project.
• The City must special assess at least 20% of the $4.113 million PFA loan amount in order for
the City’s debt to be properly issued. The proposed assessment exceeds the 20%
requirement.
POLICY CONSIDERATIONS: The City Council has the authority to assess project costs to
benefiting properties.
FINANCIAL CONSIDERATIONS: The proposed total assessment represents approximately
$945,000 of project funding. If a lesser amount is assessed, additional monies will have to be
Agenda Page 63
Mayor and Council Request for Action – September 17, 2012
Engineering – I -94 WESTBOUND COLLECTOR – DISTRIBUTOR ROAD IMPROVEMENTS
Page 2 of 2
M:\Public Data\Requests for Council Actions (RCA)\2012\09 17 2012 Set I-94 Assessment Hearing.doc
Meeting Date: September 17, 2012
levied to repay the PFA loan. The City must assess at least $822,600 in order to meet statutory
debt issuance requirements.
LEGAL CONSIDERATIONS: The Mayor and Council have the authority to assess benefiting
properties the cost of making a local improvement. M.S. Chapter 429 requires a public hearing,
with proper notice, be held prior to adoption of assessments.
Submitted Through: Adam Nafstad, Public Works Director/City Engineer
Department/Responsible Person: Engineering/Public Works, Adam Nafstad
Reviewed by: RDT
Attachments: Resolution No. 2012-039
Preliminary Assessment Roll
Agenda Page 64
CITY OF ALBERTVILLE
COUNTY OF WRIGHT
STATE OF MINNESOTA
RESOLUTION NO. 2012-039
RESOLUTION CALLING FOR HEARING
ON PROPOSED ASSESSMENT
W.B. T.H. I-94 C-D Road
WHEREAS, the City of Albertville has entered into and agreement with the State of
Minnesota Department of Transportation and Wright County for the improvement of Interstate 94
and CSAH 19 access by the addition of a westbound collector-distributor (C-D) interchange
connection between CSAH 37 and CSAH 19. The interchange improvements include
reconfiguring the existing half diamond at CSAH 19 and full diamond at CSAH 37 with a C-D
road under CSAH 37. The improvements will provide access to CSAH 19 for westbound traffic.
All said improvements are located within the City of Albertville or MnDOT Right-of-Way; and
WHEREAS, the City Clerk has notified the City Council that a preliminary special
assessment roll has been prepared and filed in her office for public inspection.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Albertville,
Wright County, Minnesota:
1. The City Council hereby accepts the preliminary assessment roll as prepared.
2. A hearing shall be held on the 15th day of October, 2012, in the Albertville City Hall at 7:00
p.m. to pass upon such proposed assessment and at such time and place all persons owning
property affected by such improvement will be given an opportunity to be heard with reference
to such assessment.
3. The portion of the cost of such improvement to be paid by the City is hereby declared to be
$2,839,840.00 and the portion of the cost to be assessed against benefited property owners is
declared to be $945,196.12.
4. The City Clerk is hereby directed to cause a notice of the hearing on the proposed assessment to
be published once in the official newspaper at least two weeks prior to the hearing, and she shall
state in the notice the total cost of the improvement. She shall also cause mailed notice to be
given to the owner of each parcel described in the assessment roll not less than two weeks prior
to the hearing.
Agenda Page 65
City of Albertville
County of Wright
Resolution No. 2012-XX
Page 2
5. The owner of any property so assessed may, at any time prior to certification of the assessment
to the County Auditor pay the whole of the assessment on such property, with interest accrued
to the date of payment, to the City Clerk except that no interests shall be charged if the entire
assessment is paid within 30 days from the adoption of the assessment. He may at any time
thereafter, pay the Finance Director the entire amount of the assessment remaining unpaid, with
interest accrued to December 31 of the year in which such payment is made. Such payment
must be made before November 15 (except in the year of the assessment) or interest will be
charged through December 31 of the succeeding year.
Adopted by the Albertville City Council this 17th day of September, 2012.
Mark Meehan, Mayor
Kimberly A. Olson, City Clerk
Agenda Page 66
Preliminary Assessment Roll
I94 West Bound Collector Distributor Road
Albertville, MN
NOTE: REFER TO PRELIMINARY ASSESSMENT MAP FOR PARCEL NUMBER
PARCEL PRIMARY OWNER PIN # SPECIAL
ASSESSMENT
1 CAPITAL LAND INVESTMENTS LLC 101500352200 510.00$
2 BERNARD J RODEN REV TRUST 101500352100 4,972.50$
3 WRIGHT-HENNEPIN CO-OP ELECTRIC 101500352102 1,512.66$
4 BERNARD J RODEN REV TRUST 101500352401 719.78$
5 DARKENWALD REAL ESTATE LTD 101088001030 3,048.10$
6 DARKENWALD REAL ESTATE LTD 101088001040 1,318.52$
7 DARKENWALD REAL ESTATE LTD 101088001020 1,403.18$
8 WELCOME FURNITURE & APPLIANCES 101088001010 3,797.60$
9 ERWIN J GREENINGER LP 101500351200 6,797.70$
10 THOMAS G & RITA C FAY 101500351101 657.00$
11 RJ&S INVMTS OF ALBERTVILLE 101500351100 6,200.00$
12 COM-TEN LLC 101091002010 2,198.50$
13 SANDRA A STANGLER 101500351402 2,835.70$
14 SANDRA A STANGLER 101500351404 1,418.20$
15 CITY OF ALBERTVILLE 101091000020 9,949.80$
16 CITY OF ALBERTVILLE 101094001020 3,646.50$
17 PELICAN PROPERTIES OF ST CLOUD 101094001010 1,952.50$
18 LARSON ENTERPRISES 101091001010 5,245.00$
19 DONNA VOGHT 101500351406 2,940.30$
20 DONNA VOGHT 101500351405 6,010.20$
21 OMANN BROTHERS PROPERTIES 101500351401 11,226.00$
22 CPG PARTNERS LP 101060001010 448,000.00$
23 DOLPHIN REAL ESTATE MANAGEMENT 101080001010 7,050.40$
24 WILLIAM A HINKS 101060000030 3,892.00$
25 WILLIAM A HINKS 101060000020 33,123.20$
26 ALBERTVILLE PHASE III LLC 101113000010 3,045.00$
27 ALBERTVILLE PHASE II LLC 101116001020 2,473.80$
28 ALBERTVILLE PHASE II LLC 101116001010 2,121.00$
29 ALBERTVILLE PHASE II LLC 101116001030 2,172.60$
30 ALBERTVILLE PHASE II LLC 101116001040 1,129.14$
31 JLC PROP OF ROCHESTER LLLP 101116001050 1,950.00$
32 ROBERT BAUMAN 101099001010 4,821.60$
33 ALSHOUSE PROPERTIES LLC 101099001020 4,400.00$
34 ALBERTVILLE STRIP MALL LLC 101099001030 2,693.75$
35 ALBERTVILLE STRIP MALL LLC 101099001040 2,842.11$
36 BISTODEAU-ALBERTVILLE LLC 101099001050 3,861.00$
37 ALBERTVILLE LODGING LLC 101099001060 5,831.50$
38 CPG PARTNERS LP 101095001010 192,000.00$
39 GERHARDT KNECHTL 101500363200 112,240.00$
40 ALBERTVILLE PLAZA LLC 101078001010 1,516.00$
41 ALBERTVILLE PLAZA LLC 101078001020 899.60$
42 ALBERTVILLE PLAZA LLC 101117001020 563.36$
Preliminary Roll 1 of 2 9/10/12Agenda Page 67
PARCEL PRIMARY OWNER PIN # SPECIAL
ASSESSMENT
43 ACE PROPERTIES LLC 101107001010 1,750.45$
44 FALCON HOLDINGS, LLC 101075001010 1,165.45$
45 ME ALBERTVILLE LLC 101078001030 1,690.00$
46 ALBERTVILLE PLAZA LLC 101117001010 1,333.80$
47 BEATRICE I RODEN 101500021101 1,361.60$
48 MERLIN BIRD PROPERTIES LLC 101076001020 561.24$
49 MERLIN BIRD PROPERTIES LLC 101114001130 61.39$
50 MERLIN BIRD PROPERTIES LLC 101114001120 63.00$
51 MERLIN BIRD PROPERTIES LLC 101114001110 86.80$
52 MERLIN BIRD PROPERTIES LLC 101114001100 85.40$
53 MERLIN BIRD PROPERTIES LLC 101114001090 84.56$
54 MERLIN BIRD PROPERTIES LLC 101114001080 86.59$
55 MERLIN BIRD PROPERTIES LLC 101114001070 133.98$
56 MERLIN BIRD PROPERTIES LLC 101114001060 130.62$
57 V & C PROPERTIES LLC 101114001050 145.53$
58 CASEY'S RETAIL COMPANY 101076001010 530.53$
59 D J'S HEATING & AIR COND INC 101500363302 944.32$
60 D J'S HEATING & AIR COND INC 101500363304 55.77$
61 D J'S HEATING & AIR COND INC 101500363305 139.49$
62 DONALD J & ANNE T SAVITSKI 101033001011 1,205.70$
63 M & J COMMERCIAL PROP LLC 101033001010 817.50$
64 BLAINE RENTALS LLC 101138001010 43.00$
65 BLAINE RENTALS LLC 101138001020 1,190.00$
66 NORMAN J ARNS 101500363306 250.05$
67 PREMIER BANK MINNESOTA 101500354402 41.21$
68 PREMIER BANK MINNESOTA 101033002010 997.10$
69 PREMIER BANK MINNESOTA 101033002021 59.15$
70 M & J COMMERCIAL PROP LLC 101033002020 489.80$
71 M & J COMMERCIAL PROP LLC 101033002030 526.60$
72 DONALD G & BETTY L BARTHEL 101038001010 1,405.60$
73 CAROLYN VINGE SORENSON 101072001010 617.30$
74 CITY OF ALBERTVILLE 101052001010 4,706.20$
75 INDEPENDENT SCHOOL DIST 885 101139001010 414.20$
76 DONALD G BARTHEL 101038002010 1,085.28$
77 LAKE COMMUNITY BANK 101109001010 1,655.71$
78 21ST CENTURY BANK 101115001010 228.25$
79 21ST CENTURY BANK 101115001020 259.60$
80 21ST CENTURY BANK 101115000020 210.25$
81 CWB ALBERTVILLE CROSSING LLC 101092001010 1,035.44$
82 CWB ALBERTVILLE CROSSING LLC 101092001020 507.64$
83 CWB ALBERTVILLE CROSSING LLC 101092001021 153.86$
84 CWB ALBERTVILLE CROSSING LLC 101086001030 211.24$
85 CWB ALBERTVILLE CROSSING LLC 101086001010 986.02$
86 CWB ALBERTVILLE CROSSING LLC 101086001020 703.10$
TOTAL ASSESSMENT 945,196.12$
Preliminary Roll 2 of 2 9/10/12Agenda Page 68
Mayor and Council Communication
M:\Public Data\City Council\Council Packet information\2012\09 17 2012\CC (I94 Project Update 9_13_12).doc
Meeting Date: September 17, 2012
September 13, 2012
SUBJECT: Engineering – I-94 WB C-D Road Project Update
The majority of the work on the east side of the CSAH 37 Bridge has been completed and on
Tuesday the 11th, traffic was shifted to the new CSAH 37 off-ramp. The week of the 17th, the
Contractor will be removing the temporary off-ramp, completing the storm sewer on the west
end, as well as, completing the majority of the dirt work remaining on the project. It is
anticipated that the remaining concrete pavement will be placed the first week in October. Other
work items taking place over the next month include: construction of the median between the
mainline and new C-D road, construction of the concrete barrier, bituminous shouldering, and
concrete slope pavement.
The Contractor is entitled to additional working days due to rain days early on in the project and
additional work items; however, a late November completion is still anticipated.
Miscellaneous Project Related Items:
• The assessment hearing for the project is scheduled for October 15.
• Partial Payment No. 4 will be presented to Council on October 1.
• The audit for the Right-of-Way acquisition has been completed, and the City has received
the remaining $70,000 from the Federal appropriation.
• On the evening of Tuesday the 11th, westbound I-94 traffic was reduced to one lane to
facilitate the traffic shift from the temporary ramp to the new CSAH 37 off-ramp. No
lane restrictions are scheduled for the next few weeks.
If at any time you have any questions or would like a project update, please call.
Submitted Through: Adam Nafstad, Public Works Director
Department/Responsible Person: Engineering/Adam Nafstad, Public Works Director
Reviewed by: RDT
Attachments: (none)
Agenda Page 69