2012-10-15 CC Packet
City of Albertville Council Agenda
Monday, October 15, 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\10 15 2012 Agenda.doc
Meeting Date: October 15, 2012
1. CALL TO ORDER
2. PLEDGE OF ALLEGIANCE – ROLL CALL
3. RECOGNITIONS – PRESENTATIONS – INTRODUCTIONS
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. Accept the October 1, 2012 regular City Council meeting minutes as presented (pgs 4-
9)
B. Authorize the Monday, October 15, 2012 payment of claims that includes electronic
payments 1461 EFT - 1475 EFT and check numbers 31386 to 31428 as presented (pgs
10-17)
C. Accept STMA Ice Arena Board Minutes f October 8, 2012 (pgs 18-21)
D. Adopt Resolution 2012-041 accepting and acknowledging a $2,000 donation from the
Albertville Lions Club to be used in the completion of the Eagle Scout Boardwalk
Project (pgs 22-23)
E. Adopt Resolution 2012-042 accepting a $200 Refer A Friend donation to the
Albertville Fire Department (pgs 24-25)
F. Approve a 1 Day Temporary Intoxicating Liquor License application submitted by the
Albertville Lions for the Albertville Lions 9th Annual Comedy Night on Saturday,
October, 20, 2012 (pg 26)
Agenda Page 1
City of Albertville Council Agenda
Monday, October 15, 2012 Page 2 of 3
M:\Public Data\City Council\Council Agendas\2012 Agendas\10 15 2012 Agenda.doc
Meeting Date: October 15, 2012
7. PUBLIC HEARINGS
A. I-94 Special Assessment Public Hearing (pgs 27-33)
(Motion to adopt Resolution Number 2012-043 entitled, Resolution Adopting
Assessment for W.B. T.H. 94 C-D Road.)
8. DEPARTMENT BUSINESS
A. City Council
1). STMA Ice Arena Board Update
B. Finance
1). Otsego Fire Contract (pgs 34-38)
(Motion to approve the Five Year Fire Service Contract with the City of Otsego)
C. City Clerk
1). Website Update
D. Public Works Director/City Engineer
1). I-94 Oral Update
2). Memorial Park (Jessica Weishair) (pgs 39-41)
(Motion to authorize the construction of a memorial park in remembrance of the
bus accident that occurred in the spring of 2008, which is to be located on the
City owned property located at the northwest quadrant of 62nd and 63rd Street
NE, for an estimated amount of $11,700.)
E. Planning/Zoning
F. Legal
1). Attorney Update (pg 42)
2). Bridget Miller Severance Agreement (pgs 43-51)
(Motion to approve Settlement Agreement and Release of Claims between
Bridget Miller and the City of Albertville.)
G. Administration
1). Oct. 29 Joint Meeting Discussion Topics
2). Administrative Assistant/Accounting Clerk Position
(Motion to authorize the posting of the Administrative Assistant/Accounting
Clerk position.)
Agenda Page 2
City of Albertville Council Agenda
Monday, October 15, 2012 Page 3 of 3
M:\Public Data\City Council\Council Agendas\2012 Agendas\10 15 2012 Agenda.doc
Meeting Date: October 15, 2012
9. ANNOUNCEMENTS and/or UPCOMING MEETINGS
October 22 Joint Powers Water Board, 6:30 p.m.
October 29 Joint Meeting with St. Michael and ISD #885, 6:00 p.m.
Legislative Forum, 7:00 p.m.
November 6 Election Day, Polls Open 7:00 a.m. to 8:00 p.m.
November 7 City Council Meeting, 7:00 p.m.
November 12 Veteran’s Day, City Offices Closed
November 13 STMA Ice Arena Board Meeting, 6:00 p.m.
City Council Special Meeting (Canvass Results), 6:30 p.m.
Planning and Zoning Commission, 7:00 p.m.
October-12
November-12
Su M Tu W Th F Sa
Su M Tu W Th F Sa
CC 1 2 3 4 5 6
1 2 3
7 Ice 8
PZ
9 10 11 12 13
4 5 Ele 6 CC7 8 9 10
14 CC15 16 17 18 19 20
11 H 12 PZ/Ice13 14 15 16 17
21
JP
22 23 24 25 26 27
18 CC19 20 21 H 22 23 24
28 Jt29 LF 30 31 25
JP
26 27 28 LF29 30
10. ADJOURNMENT
COUNCIL WORKSHOP TO FOLLOW: Central Park Concept
Agenda Page 3
ALBERTVILLE CITY COUNCIL
Monday, October 1, 2012
DRAFT MINUTES
ALBERTVILLE CITY HALL 7:02 PM
1. CALL TO ORDER – PLEDGE OF ALLEGIANCE
Deputy Mayor Vetsch called the regular City Council meeting to order at 7:02 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, City Planner Alan
Brixius, City Attorney Michael Couri, Administrative Assistant/Accounting Clerk Bridget
Miller, Sheriff Joe Hagerty, Rob Olson, Tom Dawson, Roger Dernam, Mary and Leander Wetter
3. RECOGNITIONS, PRESENTATIONS AND INTRODUCTIONS
A. STMA Soccer Donation and Update of Activities
Tom Dawson stated the soccer club is continuing to grow and had an increase of 2%
in participation in 2011. They have 1,530 kids playing in the area. Albertville hosts
the entire 11-12 year old program. The Towne Lakes fields hosted 45 games and The
Albert Villas fields hosted 336 practices.
Dawson stated that Tim Guimont and the Public Works staff do an incredible job for
the soccer club. They take great care of the fields and should be commended for their
work.
Dawson presented a check to the City Council for $1,200.00 for upkeep of the fields.
Council thanked Dawson for the check and for the soccer club’s work.
Agenda Page 4
City of Albertville Page 2 of 6
City Council Minutes
October 1, 2012
4. CITIZENS OPEN FORUM
Wright County Sheriff Joe Hagerty
Sheriff Hagerty provided an update on recent activity. He stated the Sheriff’s Office must
confirm the reports that come in and verify facts before they can begin broadcasting information.
He stated that Wright County is a very safe place to live, but it is always a good idea to be aware
of your surroundings.
Hendrickson asked about the relationship between the Sheriff’s Office and the schools. Hagerty
replied they have two liaisons in the middle school and one full time officer at the high school.
They also meet with a Safe Schools committee made of local community members. He stated
that it is the job of the Sheriff’s Office to initiate mass communications to ensure they have
verified facts. Hendrickson wanted the community to know there is a process in place for how
notifications are sent out.
Wright Council Commissioner Candidate Mary Wetter
Wetter explained she was here to introduce herself and to see if Council had any questions for
her or concerns to share.
Sorensen asked how residents could obtain information on the Wright County Commission
candidates. Wetter replied there is a forum to be held in Monticello on October 9. She added
that many candidates also have their own websites.
5. APPROVAL OF THE AGENDA
Motioned by Hendrickson, seconded by Sorensen, to approve the agenda. Ayes: Vetsch,
Hendrickson, Sorensen, and Wagner. Nays: None. Absent: Meehan. MOTION DECLARED
CARRIED.
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 September 17, 2012 regular City Council meeting minutes as presented
B. Authorize the Monday, October 1, 2012 payment of claims that includes electronic
payments 1410 EFT – 1419 EFT and check numbers 31354 to 31381 as presented
C. Approve minor amendments to the Building Services Contract with City of St. Michael
D. Approve payment to Eureka Construction, Inc. for I-94 project in the amount of
$1,248,743.95
Agenda Page 5
City of Albertville Page 3 of 6
City Council Minutes
October 1, 2012
E. Authorize the Mayor and Clerk to amend MnDOT Cooperative Construction
Agreement No. 99563 to allow for additional project funding from the State
Motioned by Sorensen, seconded by Hendrickson, to accept the consent agenda. Ayes: Vetsch,
Hendrickson, Sorensen, and Wagner. Nays: None. Absent: Meehan. MOTION DECLARED
CARRIED.
7. PUBLIC HEARINGS – None
8. DEPARTMENT BUSINESS
A. City Council
B. Finance
C.
1). Otsego Fire Department Contract
This item was pulled from the agenda and will come back on October 15.
D. City Clerk
1). Set Special Meeting
Motioned by Hendrickson, seconded by Sorensen, to set a Special Meeting for
October 15, 2012 immediately following the regular City Council meeting to
discuss the Central Park Concept. Ayes: Vetsch, Hendrickson, Sorensen and
Wagner. Nays: None. Absent: Meehan. MOTION DECLARED CARRIED.
E. Public Works Director/City Engineer
1). Outlet Mall Assessment Agreement
Nafstad reported that staff has been working with the owners of the Outlet Mall
to reach an agreement to modify the timing and terms of the Outlet Mall’s
assessment for the project in return for waiving the right of appeal for the
assessment. This would save the City a large amount of money in appeal costs.
The first payment will be delayed until 2014 with interest accruing during the
deferral. The assessment will be spread out over 20 years rather than the 10
years. Nafstad stated this is a win-win situation for all involved.
Couri stated that he would highly recommend approval of the agreement. Even
though they have been lucky with assessment appeals in the past and the
outcomes have been good, it incurs quite a bit of expense to go though an appeal.
Agenda Page 6
City of Albertville Page 4 of 6
City Council Minutes
October 1, 2012
Vetsch inquired what happens if the property is sold. Couri replied the
assessments stay with the properties.
Wagner asked if the properties could be assessed again when the East I-94
project comes along. Couri explained they could, as each project stands alone.
Vetsch felt the cost of the assessments should be spread out more evenly as there
are larger properties out there with a smaller assessment amounts.
Motioned by Sorensen, seconded by Hendrickson, to approve Agreement for
Waiver of Objection to Special Assessment Associated with Interstate 94/CSAH
19 Improvements. Ayes: Hendrickson, Sorensen and Wagner. Nays: Vetsch.
Absent: Meehan. MOTION DECLARED CARRIED.
F. Planning/Zoning
1). 2012 Visioning Study Presentation
Brixius stated the resolution before the Council will make the study an
amendment to the Comprehensive Plan that was done in 1995. It is used as a
guide for future growth and priorities and organizes goals and strategies to reach
those goals.
Interviews were held with City Council, Planning and Zoning Commissioners,
residents and staff to identify areas of concern. The small town atmosphere was
a highly repeated theme throughout those interviews. Brixius reviewed the
following goals:
• Maintain and protect Albertville’s small town atmosphere and identity
through long range planning.
• Manage growth that provides quality development and does not fiscally
burden the community.
• Maintain and build attractive residential neighborhoods.
• Provide a variety of housing options to meet the life cycle needs of
Albertville residents.
• The City will continue to promote commercial development by the City
taking advantage of its access to I-94 and the growing population of
Albertville and its adjoining communities.
• Promote continued industrial development in order to expand local
employment opportunities and the City’s tax base.
• The Vision Committee identified commercial and industrial growth as a
priority for the community. The City will become more aggressive in its
economic development promotion efforts.
Agenda Page 7
City of Albertville Page 5 of 6
City Council Minutes
October 1, 2012
• Ensure public facilities are designed and constructed to address the City’s
long range needs, facilitate development, and contribute to the quality of
life in Albertville.
• Maintain Albertville as a financially sound, self-sustaining community.
Vetsch stated that he does not want to see a big growth occur in a short period of
time, but rather have a continuous flow of growth throughout the years.
Brixius outlined project priorities and 10-year projects identified by the Vision
Committee.
Motioned by Wagner, seconded by Hendrickson, to adopt Resolution 2012-040
approving an amendment to the Albertville Comprehensive Plan adopting the
2012 Visioning Study as an addendum to said plan, and adopting the proposed
land use plan dated January 18, 2012 into said plan. Ayes: Vetsch,
Hendrickson, Sorensen and Wagner. Nays: None. Absent: Meehan.
MOTION DECLARED CARRIED.
G. Legal
H. Administration
9. ANNOUNCEMENTS and/or UPCOMING MEETINGS
October 8 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 29 Joint Albertville - St. Michael City Council Meeting, 6:00 p.m.
Legislative Forum with School District, 7:00 p.m.
November 6 Election Day, Polls Open 7 a.m. to 8:00 p.m.
November 7 City Council Meeting (WED.), 7:00 p.m.
November 12 Veteran’s Day, City Offices Closed
November 13 Ice Arena Board Meeting, 6:00 p.m.
City Council Special Mtg. to Canvass Election Results, 6:30 p.m.
Planning and Zoning Commission Meeting, 7:00 p.m.
10. RECESS INTO CLOSED MEETING TO DISCUSS EMPLOYEE EVALUATION
Motioned by Hendrickson, seconded by Wagner, to recess into closed meeting. Ayes:
Vetsch, Hendrickson, Sorensen and Wagner. Nays: None. Absent: Meehan. MOTION
DECLARED CARRIED.
11. RECONVENE INTO REGULAR MEETING
Agenda Page 8
City of Albertville Page 6 of 6
City Council Minutes
October 1, 2012
Motioned by Wagner, seconded by Hendrickson, to reconvene into regular meeting.
Ayes: Vetsch, Hendrickson, Sorensen and Wagner. Nays: None. Absent: Meehan.
MOTION DECLARED CARRIED.
12. ACTION ON PROBATIONARY EMPLOYEE STATUS
Motioned by Hendrickson, seconded by Vetsch, to accept the recommendation of the
Personnel Committee to terminate employment with Bridget Miller effective Oct. 3,
2012. Ayes: Vetsch, Hendrickson, Sorensen and Wagner. Nays: None. Absent:
Meehan. MOTION DECLARED CARRIED.
Council felt this was not a reflection on Ms. Miller’s character and wished her well.
Motioned by Hendrickson, seconded by Vetsch, to direct staff to prepare a severance
package for Bridget Miller based upon the recommendation of the Personnel
Committee, but limiting COBRA payments to six months (rather than nine months) by
the City if Bridget Miller chooses the COBRA payments over a partial cash-out of sick
leave. Ayes: Vetsch, Hendrickson, Sorensen and Wagner. Nays: None. Absent:
Meehan. MOTION DECLARED CARRIED.
13. ADJOURN MEETING
Motioned by Sorensen, seconded by Hendrickson, to adjourn the meeting at 8:51 p.m.
Ayes: Vetsch, Hendrickson, Sorensen and Wagner. Nays: None. Absent: Meehan.
MOTION DECLARED CARRIED.
Respectfully submitted,
___________________________________
Kimberly A. Olson, City Clerk
Agenda Page 9
Mayor and Council Request for Action
M:\Public Data\Requests for Council Actions (RCA)\2012\10 15 2012 Finance Bills Report (RCA).doc
Meeting Date: October 15, 2012
October 10, 2012
SUBJECT: CONSENT - FINANCE DEPARTMENT – PAYMENT OF BILLS
RECOMMENDATION: It is respectfully requested that the Mayor and Council consider the
following:
MOTION: Authorize the Monday, October 15, 2012 payment of the claims that includes check
numbers 1461 EFT – 1475 EFT and checks numbered 31386 to 31428 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. 31402 Fieldstone Family Homes, Inc – refund escrow for 10748 49th Court NE
Check No. 31414 Oak Realty – refund over payment on final water bill for 10137 Karston
Ave NE
Check No. 31418 SM Website Solutions – payment for completion of Second Half Phase 1
and first half of Phase 2, as per agreement, for the City of Albertville’s
new website.
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 10
Mayor and Council Request for Action – October 15, 2012
Finance – Payment of Claims Page 2 of 8
M:\Public Data\Requests for Council Actions (RCA)\2012\10 15 2012 Finance Bills Report (RCA).doc
Meeting Date: October 15, 2012
Check Detail Register
October 2012
Check Amt Invoice Comment
10100 Premier Bank Paid Chk# 001461E 10/10/2012 BOLTON & MENK, INC E 468-49000-303 Engineering Fees $22,017.00 0150597 Observ 2 WB I94 8/4 - 8/31/12 E 468-49000-303 Engineering Fees $14,917.50 0150597 Observ 1 WB I94 8/4 - 8/31 E 101-41700-303 Engineering Fees $90.00 0150597 General - Mapping 6/23 - 8-31-2012 Total BOLTON & MENK, INC $37,024.50
Paid Chk# 001462E 10/10/2012 CITY OF ST. MICHAEL E 468-49000-303 Engineering Fees $13,550.00 10022012-1 I-94 Interchange September 2012 210 Total CITY OF ST. MICHAEL $13,550.00
Paid Chk# 001463E 10/10/2012 ESS BROTHERS & SONS, INC. E 101-43100-402 Repair/Maint - Sidewalks $367.65 RR5749 Truncated Domes 2 x 2 No Paint Total ESS BROTHERS & SONS, INC. $367.65
Paid Chk# 001464E 10/10/2012 FASTENAL COMPANY E 101-43100-400 Repair/Maint - Paved Rd $321.15 MNTC486018 2 14 x 125 Fad Total FASTENAL COMPANY $321.15
Paid Chk# 001465E 10/10/2012 FYCC E 101-45000-598 Pledges & Contributions $1,587.42 1063 August 2012 Youth & Family E 101-45000-598 Pledges & Contributions $1,587.42 1064 Sept 2012 Youth & Family E 101-45000-598 Pledges & Contributions $1,587.42 1065 Oct 2012 Youth & Family Programming Total FYCC $4,762.26
Paid Chk# 001466E 10/10/2012 GOPHER STATE ONE-CALL E 602-49400-209 Locates $88.45 47099 Locate tickets E 601-49450-209 Locates $88.45 47099 Locate tickets Total GOPHER STATE ONE-CALL $176.90
Paid Chk# 001467E 10/10/2012 N. A. C. E 101-41910-306 Planning Fees $571.45 20453 Code Enforcement E 101-41910-306 Planning Fees $1,486.95 20453 General Outdoor Storage, CC Mtg, 152 music, RV - Wagener, Planning E 101-41910-306 Planning Fees $717.54 20453 Weisner Memorial E 101-41910-306 Planning Fees $500.00 20454 Sept 2012 Technical Assistance, Total N. A. C. $3,275.94
Paid Chk# 001468E 10/10/2012 MVTL LABORATORIES, INC E 601-49450-218 Testing Expenses $113.40 624981 Chemical Testing 9/27/12 E 601-49450-218 Testing Expenses $113.40 625820 Chemical Testing 10/02/2012 Total MVTL LABORATORIES, INC $226.80
Paid Chk# 001469E 10/10/2012 RANDYS SANITATION E 810-00000-384 Refuse/Garbage Disposal $75.02 9192012 STMA Arena trash October 2012 Total RANDYS SANITATION $75.02
Agenda Page 11
Mayor and Council Request for Action – October 15, 2012
Finance – Payment of Claims Page 3 of 8
M:\Public Data\Requests for Council Actions (RCA)\2012\10 15 2012 Finance Bills Report (RCA).doc
Meeting Date: October 15, 2012
Check Amt Invoice Comment
Paid Chk# 001470E 10/10/2012 S & T OFFICE PRODUCTS E 101-41400-200 Office Supplies (GENERAL) $59.63 01PJ8019 keyboard, wireless, w/mouse E 101-41910-200 Office Supplies (GENERAL) $4.38 01PK0018 pens E 101-41910-200 Office Supplies (GENERAL) ($59.63) 01PK1241 Credit for wireless keyboard - defect E 101-41910-200 Office Supplies (GENERAL) $41.46 01PK1781 combo wireless - Council Chamber E 101-41910-200 Office Supplies (GENERAL) $19.76 01PK1790 wrist rest pad
Total S & T OFFICE PRODUCTS $65.60
Paid Chk# 001471E 10/10/2012 SHRED RIGHT-A ROHN INDUSTRIES E 101-41400-300 Professional Srvs (GENERAL) $31.20 133424 Document shredding 9/24/12 Total SHRED RIGHT-A ROHN INDUSTRIES $31.20
Paid Chk# 001472E 10/10/2012 WRIGHT COUNTY SHERIFFS PATROL E 101-42110-307 Police Contract Fees $43,737.00 Patrol-12-10 October 2012 Sheriff Patrol Total WRIGHT COUNTY SHERIFFS $43,737.00
Paid Chk# 001473E 10/10/2012 WRIGHT-HENNEPIN COOP ELECTRIC E 810-00000-381 Electric Utilities $29.87 STMA Arena Fire Panel Monitoring Total WRIGHT-HENNEPIN COOP ELECTRIC $29.87
Paid Chk# 001474E 10/10/2012 FERRELLGAS E 810-00000-212 Motor Fuels $43.28 3899 STMA Arena September 2012 gas Total FERRELLGAS $43.28
Paid Chk# 001475E 10/10/2012 CTM SERVICES, INC E 810-00000-404 Repair/Maint - Machinery/Equip $189.15 2432 STMA Arena Wash Water System block check Total CTM SERVICES, INC $189.15
Paid Chk# 031386 10/15/2012 2 GUYS LAWN CARE E 810-00000-405 Repair/Maint - Buildings $60.00 October 2012 STMA Arena Lawn Care - Apply Total 2 GUYS LAWN CARE $60.00
Paid Chk# 031387 10/15/2012 A-1 OUTDOOR POWER INC E 101-43100-400 Repair/Maint - Paved Rd $267.66 305021 PW 14 multi-purpose ring Total A-1 OUTDOOR POWER INC $267.66
Paid Chk# 031388 10/15/2012 ALLIED WASTE E 605-43200-308 Recycling Contract Fee $6,334.01 September 2012 Recycling Service 9/1 - 9/30/12 Total ALLIED WASTE $6,334.01
Paid Chk# 031389 10/15/2012 APPOLLO SYSTEMS - COMMERCIAL D E 101-45100-405 Repair/Maint - Buildings $20.31 166346 Monthly Security 5801 Lander Avenue Total APPOLLO SYSTEMS - $20.31
Paid Chk# 031390 10/15/2012 ARAMARK UNIFORM SERVICES E 101-45100-417 Uniform Rentals $12.45 629-7591901 Prks Uniforms E 602-49400-417 Uniform Rentals $12.44 629-7591901 Swr Uniforms E 101-41940-405 Repair/Maint - Buildings $59.84 629-7591901 CH Mats, mop, towels E 101-43100-417 Uniform Rentals $12.44 629-7591901 PW Uniforms E 601-49450-417 Uniform Rentals $12.44 629-7591901 Wtr Uniforms Total ARAMARK UNIFORM SERVICES $109.61
Paid Chk# 031391 10/15/2012 CARD SERVICES E 810-00000-252 Food/Consessions For Resale $41.66 M22750530 STMA Arena Concession supplies Total CARD SERVICES $41.66
Agenda Page 12
Mayor and Council Request for Action – October 15, 2012
Finance – Payment of Claims Page 4 of 8
M:\Public Data\Requests for Council Actions (RCA)\2012\10 15 2012 Finance Bills Report (RCA).doc
Meeting Date: October 15, 2012
Check Amt Invoice Comment
Paid Chk# 031392 10/15/2012 CARLSON BUILDING SERVICES, INC E 101-42000-200 Office Supplies (GENERAL) $23.07 41978 Can liners E 101-41940-210 Operating Supplies (GENERAL) $23.09 41978 Can liners
E 602-49400-210 Operating Supplies (GENERAL) $23.09 41978 Can liners E 601-49450-210 Operating Supplies (GENERAL) $23.09 41978 Can liners E 101-43100-215 Shop Supplies $23.09 41978 Can liners Total CARLSON BUILDING SERVICES, $115.43
Paid Chk# 031393 10/15/2012 CENEX FLEETCARD E 101-43100-212 Motor Fuels $343.38 64533C Fuel Vehicle 3 PW E 101-45100-212 Motor Fuels $343.38 64533C Fuel Vehicle 3 PW E 601-49450-212 Motor Fuels $173.43 64533C Fuel Vehicle 4 WWTF E 602-49400-212 Motor Fuels $173.42 64533C Fuel Vehicle 4 WWTF Total CENEX FLEETCARD $1,033.61
Paid Chk# 031394 10/15/2012 CENTERPOINT ENERGY E 101-43100-383 Gas Utilities $53.96 5361503-5-10- 11822 63rd St NE 8/27 - 9/26/12 E 101-41940-383 Gas Utilities $205.68 5361503-5-10- 5959 Main Avenue NE 8/27 - 9/26/12 E 101-41940-383 Gas Utilities $15.07 5361503-5-10- 5975 Main Avenue NE Gas 8/27 - E 810-00000-383 Gas Utilities $55.03 5390131-9/12 STMA Aena gas September 2012 E 601-49450-383 Gas Utilities $32.14 September 2012 11728 63rd St NE 8/27 - 9/26/12 Total CENTERPOINT ENERGY $361.88
Paid Chk# 031395 10/15/2012 CENTURYLINK - AZ E 101-41940-321 Telephone $7.38 313117835091 ldst E 101-41940-321 Telephone $18.11 313117835091 taxes & surcharges E 101-42000-321 Telephone $27.75 313117835091 FD 497-7474 E 101-41940-321 Telephone $27.75 313117835091 497-3704 E 101-41940-321 Telephone $27.75 313117835091 CH 2 497-3695 E 101-45100-321 Telephone $27.80 313117835091 PK 497-2215 E 101-42000-321 Telephone $30.82 313117835091 FD 497-1340 E 101-43100-321 Telephone $30.74 313117835091 WWTF 497-0774 E 101-41940-321 Telephone $36.69 313117835091 RB 497-0452 E 101-42000-321 Telephone $29.32 313117835091 CH 1 497-0261 E 101-41940-321 Telephone $27.75 313117835091 497-3486 E 601-49450-321 Telephone $27.75 313117835091 WWTF 497-0269 E 601-49450-321 Telephone $28.47 313117835091 WWTF 497-1888 Total CENTURYLINK - AZ $348.08
Paid Chk# 031396 10/15/2012 CENTURYLINK - NC E 101-41940-321 Telephone $17.26 09242012 Long distance Total CENTURYLINK - NC $17.26
Paid Chk# 031397 10/15/2012 DJS COMPANIES INC. E 101-41940-405 Repair/Maint - Buildings $293.99 107116 Old Fire Hall - Freon (AC freezing up) Total DJS COMPANIES INC. $293.99
Agenda Page 13
Mayor and Council Request for Action – October 15, 2012
Finance – Payment of Claims Page 5 of 8
M:\Public Data\Requests for Council Actions (RCA)\2012\10 15 2012 Finance Bills Report (RCA).doc
Meeting Date: October 15, 2012
Check Amt Invoice Comment
Paid Chk# 031398 10/15/2012 DJS TOTAL HOME CARE CENTER-CH E 101-43100-215 Shop Supplies $4.26 63869 Spark Plug E 602-49400-210 Operating Supplies (GENERAL) $31.45 64300 Household 32 oz sprayer, TSTP Red E 602-49400-210 Operating Supplies (GENERAL) $16.02 64393 Mineral Spirits 12 oz E 101-43100-215 Shop Supplies $8.54 64395 Oil 2 cycle 3.2 oz pk/6 E 101-45100-210 Operating Supplies (GENERAL) $13.88 64403 Rotor Sprnklrpopup E 101-41940-405 Repair/Maint - Buildings $14.49 64418 2 Terra Plant Pots - CH E 101-45100-210 Operating Supplies (GENERAL) $2.13 64431 Pipe Water 3/8 x 24
E 602-49400-210 Operating Supplies (GENERAL) $68.31 64450 RSTP Vocoilenm 1 gal, 6 RSTP Red Paint Sftyred E 101-45100-210 Operating Supplies (GENERAL) $9.55 64452 Clamp E 101-45100-210 Operating Supplies (GENERAL) $2.13 64454 Pipe Water 3/8x24 E 602-49400-210 Operating Supplies (GENERAL) $42.73 64574 Fuse, RSTP Vocoilenm Sftred gal E 101-43100-215 Shop Supplies $88.10 64617 Mail boxes, plug, duct tape E 101-43100-215 Shop Supplies $81.19 64636 Plier 7", Plier 8", shovel SqPoint 48", E 602-49400-210 Operating Supplies (GENERAL) $9.60 64637 RSTP Spray Sat Blk E 101-43100-215 Shop Supplies $2.13 64644 Gum Out Start Fluid E 101-43100-215 Shop Supplies $0.84 64722 Couple Insert Poly 1" E 602-49400-210 Operating Supplies (GENERAL) $15.57 64759 Padlock, 2 Plug Sq Head 1/4" E 601-49450-210 Operating Supplies (GENERAL) $21.35 64777 Absorbent Oil Dri 50# E 101-43100-215 Shop Supplies $14.94 64932 Marking Paint white 17 oz E 101-45100-210 Operating Supplies (GENERAL) $13.88 64963 Rotor Sprnklrpopup Total DJS TOTAL HOME CARE CENTER-CH $461.09
Paid Chk# 031399 10/15/2012 DJS TOTAL HOME CARE CTR-ARENA E 810-00000-200 Office Supplies (GENERAL) $2.49 64357 STMA Arena softsoap E 810-00000-405 Repair/Maint - Buildings $6.98 64730 STMA Arena fuse, fuse kit E 810-00000-405 Repair/Maint - Buildings $12.15 64737 STMA Arena fastners, lock wash, E 810-00000-405 Repair/Maint - Buildings $60.98 64738 STMA Arena antifreeze, snow E 810-00000-405 Repair/Maint - Buildings $15.99 64750 STMA Arena Antifreeze E 810-00000-405 Repair/Maint - Buildings $2.99 64752 STMA Arena Disc bullet Total DJS TOTAL HOME CARE CTR-ARENA $101.58
Paid Chk# 031400 10/15/2012 EMERGENCY MEDICAL PRODUCTS E 101-42000-230 Medical Supplies $64.60 1495249 FD Medisense Precision Xtra Test Total EMERGENCY MEDICAL PRODUCTS $64.60
Paid Chk# 031401 10/15/2012 FEHN COMPANIES, INC E 602-49400-407 R/M - Water Mains $164.02 26558 screened sand, delivery, fuel Total FEHN COMPANIES, INC $164.02
Paid Chk# 031402 10/15/2012 FIELDSTONE FAMILY HOMES, INC G 101-22800 Landscaping Escrow $2,750.00 10/03/12 Escrow refund 10748 49th Court NE Total FIELDSTONE FAMILY HOMES, INC $2,750.00
Paid Chk# 031403 10/15/2012 G.S.T., INC D/B/A ARENA SYSTEM E 810-00000-405 Repair/Maint - Buildings $1,495.00 AS 18373 STMA Arena goal frame package, frame tie Total G.S.T., INC D/B/A ARENA SYSTEM $1,495.00
Paid Chk# 031404 10/15/2012 HASSAN SAND & GRAVEL, INC. E 101-43100-402 Repair/Maint - Sidewalks $59.85 88074 Pulverized & Screened topsoil 4 yards Total HASSAN SAND & GRAVEL, INC. $59.85
Paid Chk# 031405 10/15/2012 HENRYS WATERWORKS, INC E 602-49400-210 Operating Supplies (GENERAL) $184.48 16062 5 Valve Box riser, 5 1 1/2 " VB risers, Total HENRYS WATERWORKS, INC $184.48
Agenda Page 14
Mayor and Council Request for Action – October 15, 2012
Finance – Payment of Claims Page 6 of 8
M:\Public Data\Requests for Council Actions (RCA)\2012\10 15 2012 Finance Bills Report (RCA).doc
Meeting Date: October 15, 2012
Check Amt Invoice Comment
Paid Chk# 031406 10/15/2012 JOINT POWERS BOARD E 602-49400-371 JPDIST COMBO $2,604.75 Sept 2012 6 JP Dist II low E 602-49400-376 JP Fed Wtr Test $1,215.22 Sept 2012 1 Fed Wtr Test R 602-00000-37170 WAC - City $2,001.00 Sept 2012 WAC
E 602-49400-374 JP Dist Pen $1,553.28 Sept 2012 5 JP Dist Pen E 602-49400-377 JP Fed Wtr Test Pen $24.99 Sept 2012 1 Fed Wtr Test Pen E 602-49400-375 JP Access $14.00 Sept 2012 4 JP Access E 602-49400-372 JP Dist $109,035.50 Sept 2012 5 JP dist Total JOINT POWERS BOARD $116,448.74
Paid Chk# 031407 10/15/2012 MEINY S DIGGERS E 602-49400-407 R/M - Water Mains $7,907.50 7040 Repair 8/16 57th & Lake, 8/29 Main & 58, 8/30 55 & Lake, 9/25 55 & Lannon, Total MEINY S DIGGERS $7,907.50
Paid Chk# 031408 10/15/2012 MENARDS - BUFFALO E 601-49450-210 Operating Supplies (GENERAL) $211.15 4824 tripod worklight, wire brush, brush set, replacements, glove, paint mixer, roller Total MENARDS - BUFFALO $211.15
Paid Chk# 031409 10/15/2012 MINNESOTA COPY SYSTEMS E 101-42000-412 Building Rentals/Admin Fee $117.04 96440 FD Copier Total MINNESOTA COPY SYSTEMS $117.04
Paid Chk# 031410 10/15/2012 MTR SERVICES INC E 101-43100-403 Repair/Maint - Catch Basins $3,913.75 4498a 10582 & 10602 Karston Ave NE concrete, sealer Total MTR SERVICES INC $3,913.75
Paid Chk# 031411 10/15/2012 NAPA AUTO PARTS E 601-49450-404 Repair/Maint - Machinery/Equip $18.23 724098 WWTP door handle - interior 2000 E 810-00000-404 Repair/Maint - Machinery/Equip $59.01 837965 STMA Arena Oil & Oil filter E 101-43100-404 Repair/Maint - Machinery/Equip $76.04 837965 Trailer Wire Harness Adapter, oil filter, E 810-00000-404 Repair/Maint - Machinery/Equip $18.21 837966 STMA Arena Prestone E 101-43100-404 Repair/Maint - Machinery/Equip ($15.11) 837980 Credit return from invoice 837965 Total NAPA AUTO PARTS $156.38
Paid Chk# 031412 10/15/2012 NEXTERA COMMUNICATIONS E 601-49450-321 Telephone $27.27 94666 10-1-12 3% Phone/Data Network E 101-41940-321 Telephone $181.78 94666 10-1-12 20% Phone/Data Network E 602-49400-321 Telephone $27.27 94666 10-1-12 3% Phone/Data Network E 101-41940-321 Telephone $545.33 94666 10-1-12 60% Phone/Data Network E 101-43100-321 Telephone $63.62 94666 10-1-12 7% Phone/Data Network E 101-42000-321 Telephone $63.62 94666 10-1-12 7% Phone/Data Network Total NEXTERA COMMUNICATIONS $908.89
Paid Chk# 031413 10/15/2012 NORTHERN TOOL & EQUIPMENT E 601-49450-587 Capital - Tools $641.45 28807 4" cup brush, scaffold, 4 outriggers, 2 Total NORTHERN TOOL & EQUIPMENT $641.45
Paid Chk# 031414 10/15/2012 OAK REALTY R 602-00000-99999 UNALLOCATED UTILITY $32.91 9/18/12 Refund Water Bill 10137 Kartson Total OAK REALTY $32.91
Paid Chk# 031415 10/15/2012 OMANN BROTHERS E 101-43100-400 Repair/Maint - Paved Rd $117.17 10013 SPWEA240B 2.01 E 101-43100-400 Repair/Maint - Paved Rd $294.94 10030 SPWEA240B 5.06 E 101-43100-400 Repair/Maint - Paved Rd $58.88 9971 SPWEA240B 1.01
Total OMANN BROTHERS $470.99
Paid Chk# 031416 10/15/2012 PICK ELECTRIC E 810-00000-405 Repair/Maint - Buildings $200.00 8182012 STMA Arena Add phone jack, Total PICK ELECTRIC $200.00.
Agenda Page 15
Mayor and Council Request for Action – October 15, 2012
Finance – Payment of Claims Page 7 of 8
M:\Public Data\Requests for Council Actions (RCA)\2012\10 15 2012 Finance Bills Report (RCA).doc
Meeting Date: October 15, 2012
Check Amt Invoice Comment
Paid Chk# 031417 10/15/2012 SCR, INC - ST. CLOUD E 810-00000-405 Repair/Maint - Buildings $583.33 255025 STMA Arena blanket maintenance - E 810-00000-405 Repair/Maint - Buildings $259.03 255530 STMA Arena Install slow closing Total SCR, INC - ST. CLOUD $842.36
Paid Chk# 031418 10/15/2012 SM WEBSITE SOLUTIONS INC. E 101-41940-530 Capital - Improvements $1,000.00 204 Second Half of Phase 1 E 101-41940-530 Capital - Improvements $500.00 204 First Half of Phase 2 Total SM WEBSITE SOLUTIONS INC. $1,500.00
Paid Chk# 031419 10/15/2012 SPRINGSTED E 101-41000-300 Professional Srvs (GENERAL) $1,652.33 1 Prof ser 7/23/12 - 8/29/12 Final billing city admin Total SPRINGSTED $1,652.33
Paid Chk# 031420 10/15/2012 SUN PRESS & NEWSPAPERS E 101-41100-351 Legal Notices Publishing $208.43 1401520 Assessment Hearing Total SUN PRESS & NEWSPAPERS $208.43
Paid Chk# 031421 10/15/2012 THISTLE ADVISORY & CONSULTING E 101-41100-300 Professional Srvs (GENERAL) $5,967.50 16 Council prep, transition plan, meetings, Ice Arena, personnel matters, phone Total THISTLE ADVISORY & $5,967.50
Paid Chk# 031422 10/15/2012 T-MOBILE - 828941579 E 101-42000-321 Telephone $79.99 828941579-10- 612-685-6383 FD E 101-41400-323 Cell Phones $18.37 828941579-10- Usage charges E 101-41400-323 Cell Phones $31.99 828941579-10- 763-913-5114 CH E 101-41400-323 Cell Phones $15.68 828941579-10- Taxes & surcharges E 101-41500-323 Cell Phones $69.99 828941579-10- 612-599-1929 Fin Dept E 101-41750-323 Cell Phones $69.99 828941579-10- 612-328-0878 PW Eng E 101-41400-323 Cell Phones ($39.60) 828941579-10- Credits/adjustments Total T-MOBILE - 828941579 $246.41
Paid Chk# 031423 10/15/2012 TRYCO LEASING INC E 101-41400-413 Office Equipment Rental $134.98 6436 Copier lease E 101-42000-404 Repair/Maint - Machinery/Equip $113.64 6436 Copier lease E 604-49960-413 Office Equipment Rental $16.69 6436 Copier lease E 101-41400-413 Office Equipment Rental $125.11 6436 Copier lease E 602-49400-413 Office Equipment Rental $20.85 6436 Copier lease E 601-49450-413 Office Equipment Rental $49.49 6436 Copier lease E 601-49450-413 Office Equipment Rental $45.87 6436 Copier lease E 602-49400-413 Office Equipment Rental $22.50 6436 Copier lease E 604-49960-413 Office Equipment Rental $18.00 6436 Copier lease Total TRYCO LEASING INC $547.13
Paid Chk# 031424 10/15/2012 VANCE BROS INC. E 101-43100-400 Repair/Maint - Paved Rd $155.08 49053 53 gal SS-IH and 2 lids
Total VANCE BROS INC. $155.08
Paid Chk# 031425 10/15/2012 WASTE MANAGEMENT E 101-43100-384 Refuse/Garbage Disposal $82.54 6281805-1593-2 PW Trash E 601-49450-384 Refuse/Garbage Disposal $78.76 6281805-1593-2 WWTF Trash E 101-45100-384 Refuse/Garbage Disposal $104.66 6281805-1593-2 Parks Trash Total WASTE MANAGEMENT $265.96
Paid Chk# 031426 10/15/2012 WEIDNERS PLUMBING & HEATING CO E 101-41940-405 Repair/Maint - Buildings $609.86 235912 Cold air flow main floor, reset boilers, drained 2 boilers E 101-41940-405 Repair/Maint - Buildings $500.00 235913 Too much air flow above ceiling fans, adding 2 supply registers, relocated Total WEIDNERS PLUMBING & HEATING $1,109.86
Paid Chk# 031427 10/15/2012 XCEL ENERGY E 101-43160-381 Electric Utilities $2.01 51-6901038-0- 10820 Kantar Court NE - siren 9/3 - E 101-43160-381 Electric Utilities $2,811.26 51-6901038-0- Street Lights 9/3/12 - 10/2/12 Total XCEL ENERGY $2,813.27
Agenda Page 16
Mayor and Council Request for Action – October 15, 2012
Finance – Payment of Claims Page 8 of 8
M:\Public Data\Requests for Council Actions (RCA)\2012\10 15 2012 Finance Bills Report (RCA).doc
Meeting Date: October 15, 2012
Check Amt Invoice Comment
Paid Chk# 031428 10/15/2012 ZEE MEDICAL SERVICE E 101-41400-200 Office Supplies (GENERAL) $169.54 54038057 CH Medical Supply kit refill Total ZEE MEDICAL SERVICE $169.54
10100 Premier Bank $264,647.11
Fund Summary
10100 Premier Bank 101 GENERAL FUND $77,588.25 468 CSAH 19 RAMPS/I 94 Project $50,484.50 601 SEWER FUND $1,706.14 602 WATER FUND $125,289.35 604 STORM WATER $34.69 605 Recycling Fund $6,334.01 810 STMA ARENA $3,210.17 $264,647.11
Agenda Page 17
ST. MICHAEL-ALBERTVILLE ARENA BOARD MINUTES
October 8, 2012
6:00 p.m.
Present: Chairman Jeff Lindquist and Members Larry Sorensen, Dan Wagner, Gayle Weber, Chris
Schumm, and Kevin Kasel. Also present were: Arena Manager Grant Fitch; City of Albertville
Finance Director Tina Lannes and City of Albertville Engineer/Public Works Director Adam Nafstad.
Also present several members from the Youth Hockey Association. The meeting was called to order at
6:03 p.m. by Chairman Lindquist.
Set Agenda
Members Schumm/Wagner moved to set the agenda as presented. All voted aye (Member Weber
absent at this vote).
Approval of Minutes
Members Sorensen/Schumm moved to approve the minutes of the September 10, 2012 Board Meeting.
All voted aye.
Finance Reports
Members Weber/Kasel moved to approve the September 2012 list of claims in the amount of
$12,236.44 and the September Financial Report as presented. All voted aye.
Lannes provided an update, in the memo form, in regards to working with Mike Marhula from Youth
Hockey Association on the financial records. Lannes mentioned it has been a pleasure to work with
Mike on this issue.
Arena Manager’s Report
Fitch provided the board with a report of ice usage and operation for September 2012 mentioning
October Prime Time hours booked totaling 226 hours. In addition Mr. Fitch updated the board on
advertising signs and working with the Youth Hockey Association about taking over the Advertising.
The Contract with Franklin Outdoor Advertising is up for renewal in May of 2013. Mr. Fitch will
work out possible details of the proposed arrangement with the Youth Hockey Association in regards
to advertising and bring it back to the STMA Arena Board at a later date.
Fitch requested to move forward with repairs on the Olympia Zamboni. Fitch reported that two weeks
ago the machine died due to an ignition issue and Ryan Zachman came and fixed a short in the ignition
system. After that Mr. Fitch used the machine and it died a few more times due to a safety shut off
under the seat. The seat was replaced at a cost of around $800 which solved that issue. The Zamboni
needs repairs, if the repairs are not completed and they fail, the machine would not run. If the machine
doesn’t run, that would cause down time (cancelation) of booked ice time.
Kassel/Schumm motioned to approve the Arena Managers recommendation to perform maintenance
on the Zamboni with the estimated cost of $2,537.03. All voted aye.
New Business
Adam Nafstad presented to the board information on the I-94 Assessment Notice that was sent to the
School District and the STMA Arena. Nafstad stated that we have to show the assessment, but there
was a plan where the City of Albertville would take care of these small assessments with funds from
the project. Therefore, there would be no monies, if approved by the Albertville City Council, required
from the Arena, School District or the City of St. Michael.
Agenda Page 18
Member Weber inquired why the school district was still an owner. Member Wagner mentioned that
he believed there was a sunset on the parcel depending on if a second sheet of ice was built or not.
Chairman Lindquist made a note that he would check on the parcel and why it is still under the name
of the school.
Steve Gapinski, from the Youth Hockey Association, presented a Youth Hockey Arena Proposal to the
Board. Highlighting that with the Mighty Ducks Grant the cities are not allowed to sell the arena or
the land. Also, leasing the arena and the land is an option, but that doesn’t work for youth hockey
because without the assets as collateral, the bank loan and terms make the success of the second sheet
unlikely.
Gapinski moved into the current arena financials and invited Mike Marhula, CPA, to present his
findings. Mr. Marhula presented the board with a comparison of annual financials over the past few
years that he had worked on with Mrs. Lannes. Marhula provided a comparative schedule listing net
income/loss, but removed deprecation to get cash generated by operations. He stated that the cash flow
each year is available for debt service or purchasing capital equipment. Marhula added that the Arena
is cash flowing which is good. Gapinski mentioned that the cash flow shows that the Arena is
generating funds to pay debt service. The Arena is cash flow positive and the $50,000 can be used to
fund a second sheet of ice. Youth Hockey wants to make that project tax neutral.
Lannes mentioned that if we take the entire positive cash flow, not saving funds from deprecation, for
the second sheet of ice that leaves no funds for capital improvements, zamboni replacement or building
maintenance or major repairs on equipment. Gapinski acknowledged that was a good point, but Youth
Hockey would like to add a line item in the budget annually for these issues. With a second sheet of
ice, Youth Hockey believes there are alternative revenue sources that can be generated during the off
season such as home shows, soccer, baseball and other opportunities during that time. They believe it
will become a gathering place, multipurpose facility, but a feasibility study would show that on a
conservative side. Kassel stated that there is a reason for the amortization schedule because products,
buildings and machines only last a certain amount of time. Deprecation over time provides a funding
source so these items can be replaced. Kassel doesn’t want that point to be ignored and just replaced
with a maintenance line item in the budget, so it should be looked at. Kassel mentioned that funding
needs should be treated as if we have to meet that depreciation number because that is what will
eventually have to be put back into the building and maybe even a little more. He continued by
mentioning that the board must be careful how it looks at this and follow the sound accounting
principles so they don’t cause a disservice to the taxpayer for replacement costs and therefore look at
maintaining the depreciation expense and keep it in there for future planning.
Gapinski continued his presentation mentioning that Youth Hockey wants to update the feasibility
study to determine if a second sheet of ice can be supported with cash flow. Also, the study would
help determine if a second sheet could cash flow, the size of the project the revenues could support.
District Five Director, Doug Kephart, informed the board about the program, districting and
tournaments. District Five has 3,500 skaters and the largest association, for the second year in a row in
District Five, was St. Michael-Albertville having 500-550 skaters. He discussed the economic impacts
that tournaments can have for a community and hockey in general. St. Michael-Albertville Youth
Hockey Association operates on one sheet of ice and Kephart stated his second and third largest
associations in District Five have more. St. Cloud (2nd) uses four arenas and Buffalo (3rd) uses two
sheets of ice. During the discussion of tournaments, Member Sorensen asked Kephart what Minnesota
Hockey would need for the second sheet of ice to run a successful tournament, and would this include
locker rooms. Kephart responded by saying he needs some type of locker rooms for both sheets to be
Agenda Page 19
successful. Gapinski added that currently the arena is only short one locker room for the second sheet
of ice. Lannes asked about bleacher needs because the last plan removed the bleacher seating.
Kephart stated there are no requirements, but hockey families love to watch hockey so it is all about
amenities and convenience for the spectators and skaters. Although bleachers are not required adding
additional items to the facility helps sell the program. Schumm asked Youth Hockey if they would
fundraise for bleachers. Gapinski stated if the building shell is built, then with tournaments and
fundraisers the improvements such as bleachers would be put in overtime. He also stated that a second
zamboni would be need for a second sheet of ice, maybe not right away, but in the future it would be
necessary.
Shelley Williams from District 5 U12A Region Tournament discussed how the tournament works and
that last time they held it in Albertville over 400 people came through the Arena doors. They provided
a program and involved local businesses along with 109 volunteers to run the games. Kurt Sjelin
mentioned the board asked about how does Minnesota Hockey handle overtime charges. Kephart
stated that the tournament is set up to be a fundraiser so if charged for additional ice time it decreases
the fundraising dollars collected and there is no policy or rule to address excessive overtime.
Gapinski continued the presentation from Youth Hockey by providing an example of a lease revenue
bond payment schedule for illustration purposes only. He also noted that currently bond interest rates
are at an all time low. Sorensen asked about bond rates going up on sports facilities due to defaulting.
Gapinski mentioned that there are not a lot of bonds issued for just a sports facility it is usually issued
with a combination of other projects and that lease revenue bonds hold a slightly higher interest rate
than a G.O. bond.
Gapinski presented the Youth Hockey proposal for a second sheet of ice which consists of $200,000 up
front upon bond sale (a check written to the Arena Board from Youth Hockey), Youth Hockey would
also cover up to 25% of any potential debt service shortage for the life of the debt, Voting membership
for Youth Hockey on the Arena Board and Youth Hockey granted first right of hours on the second
sheet of ice. Chairman Lindquist stated this proposal should be presented to all entities at a joint
meeting, but the next agenda is full. Gapinski mentioned that the feasibility study needs to be updated
and requested that the STMA Arena Board split the $6,000-$8,000 cost with Youth Hockey since they
paid for the first study.
Kassel stated one thing that needs to be discussed is if something happens to Youth Hockey that the
three entities are responsible to cover the debt of a second sheet of ice. He also acknowledged that the
challenge is that Youth Hockey Association can say they will cover the costs, but nothing under law
binds them as an organization. Therefore, acknowledging the good intentions, the risk is that Youth
Hockey could dissolve and that is where, as public officials, the debt has to be covered by the entities
of the joint ownership. Kassel also mentioned there may be a legal issue about voting rights on the
board for Youth Hockey; this would need to be checked into.
Sorensen and Schumm suggested scheduling a special joint meeting at a later date. Gapinski preferred
that so they could have the feasibility study completed before the presentation. Chairman Lindquist
referred to previous policy set upon building the second sheet of ice and suggested all the information
should be ready before the presentation. He acknowledged all the hard work Youth Hockey has
already done for the second sheet of ice proposal and suggested it not be rushed and to present when
the information has been compiled.
Kassel/Sorensen motioned to fund, from operating revenue, a part of the feasibility study not to exceed
$4,000. All voted aye.
Agenda Page 20
Chairman Lindquist discussed setting the next meeting for Tuesday, November 13, 2012 due to the
holiday as requested by Mrs. Lannes. The meeting will be help on Tuesday, November 13, 2012 at
6:00 p.m. and set to adjourn at 6:30 p.m. due to other meetings scheduled for the three entities.
Adjourn
Members Kassel/Sorensen moved to adjourn at 7:40 p.m. All voted aye.
Attest:
____________________________
Tina Lannes, Finance Director
Agenda Page 21
Mayor and Council Request for Action
M:\Public Data\Requests for Council Actions (RCA)\2012\10 15 2012 Albertville Lions Donation, Central Park Boardwalk.doc
Meeting Date: October 15, 2012
October 11, 2012
SUBJECT: CONSENT – CITY CLERK – LIONS DONATION TO THE CITY OF
ALBERTVILLE
RECOMMENDATION: It is respectfully requested that the Mayor and Council consider the
following:
MOTION TO: Adopt Resolution 2012-041 acknowledging a $2,000.00 donation from the
Albertville Lions to the City of Albertville for the Eagle Scout Boardwalk Project.
BACKGROUND: The Albertville Lions have generously donated funds to the City of
Albertville for many purposes throughout the years.
Zack Peterson, of St. Michael, is working towards his Eagle Scout merit award and is looking to
construct a boardwalk through the wetland on the west side of the Fire Hall. The boardwalk
would be designed to link 57th Street NEwith Central Park. Zack has been working with the
Parks Commission and the Lion’s Club. The Lions Club has donated a check for $2,000 for the
project.
KEY ISSUES:
• None.
POLICY/PRACTICES CONSIDERATIONS: The Mayor and City Council routinely
acknowledge and accept donations.
FINANCIAL CONSIDERATIONS: Because of the Albertville Lion’s donation, the
boardwalk can be constructed. This was a non-budgeted item.
LEGAL CONSIDERATIONS: The Mayor and City Council are required by Minnesota State
Statute to acknowledge and accept all donations by resolution.
Submitted Through: Kim Olson, City Clerk
Department/Responsible Person: City Clerk/Kim Olson
Reviewed by: RDT
Attachments: Resolution 2012-041
Agenda Page 22
CITY OF ALBERTVILLE
COUNTY OF WRIGHT
STATE OF MINNESOTA
RESOLUTION NO. 2012-041
A RESOLUTION ACKNOWLEDGING A DONATION
FROM THE ALBERTVILLE LIONS
WHEREAS, the City of Albertville is authorized to accept contributions of real and
personal property pursuant to Minnesota Statutes Sections 412.21 and 465.03 for the benefit of
its citizens and is specifically authorized to accept gifts and bequests for the benefit of
recreational services pursuant to Minnesota Statues Section 471.17; and
WHEREAS, the City of Albertville has received a donation in the amount of $2,000
from the Albertville Lions for construction of a boardwalk in Central Park as part of an Eagle
Scout project; and
WHEREAS, the City Council would like to thank the Albertville Lions and commend
them for their support.
NOW THEREFORE BE IT RESOLVED, by the City Council of the City of
Albertville, Minnesota, that the donation be accepted and acknowledged with gratitude.
Adopted this 15th day of October, 2012 by the City Council of the City of Albertville.
Mark Meehan, Mayor
Kimberly A. Olson, City Clerk
Agenda Page 23
Mayor and Council Request for Action
M:\Public Data\Requests for Council Actions (RCA)\2012\10 15 2012 Donation to Fire Dept.doc
Meeting Date: October 15, 2012
October 11, 2012
SUBJECT: CONSENT – CITY CLERK – REFER A FRIEND DONATION TO THE
ALBERTVILLE FIRE DEPARMENT
RECOMMENDATION: It is respectfully requested that the Mayor and Council consider the
following:
MOTION TO: Adopt Resolution 2012-042 acknowledging a $200.00 anonymous donation to
the Albertville Fire Department.
BACKGROUND: The City of Albertville and Albertville Fire Department routinely receive
donations. The City has received two checks, each for $100.00, to the Albertville Fire
Department from the Refer a Friend program.
KEY ISSUES:
• None.
POLICY/PRACTICES CONSIDERATIONS: The Mayor and City Council routinely
acknowledge and accept donations.
FINANCIAL CONSIDERATIONS: There is no significant impact on the budget.
LEGAL CONSIDERATIONS: The Mayor and City Council are required by Minnesota State
Statute to acknowledge and accept all donations by resolution.
Submitted Through: Kim Olson, City Clerk
Department/Responsible Person: City Clerk/Kim Olson
Reviewed by: RDT
Attachments: Resolution 2012-042
Agenda Page 24
CITY OF ALBERTVILLE
COUNTY OF WRIGHT
STATE OF MINNESOTA
RESOLUTION NO. 2012-042
A RESOLUTION ACKNOWLEDGING AN
ANONYMOUS DONATION TO THE
ALBERTVILLE FIRE DEPARTMENT
WHEREAS, the City of Albertville is authorized to accept contributions of real and
personal property pursuant to Minnesota Statutes Sections 412.21 and 465.03 for the benefit of
its citizens; and
WHEREAS, the City of Albertville has received a donation in the amount of $200 for
the Albertville Fire Department through the Refer A Friend Program; and
NOW THEREFORE BE IT RESOLVED, by the City Council of the City of
Albertville, Minnesota, that the donation be accepted and acknowledged with gratitude.
Adopted this 15th day of October, 2012 by the City Council of the City of Albertville.
Mark Meehan, Mayor
Kimberly A. Olson, City Clerk
Agenda Page 25
Mayor and Council Request for Action
M:\Public Data\Requests for Council Actions (RCA)\2012\10 15 2012 Temp Liquor License for Albertville Lions.doc
Meeting Date: October 15, 2012
October 11, 2012
SUBJECT: CONSENT – CITY CLERK – 1 DAY TEMPORARY ON-SALE
INTOXICATING LIQUOR LICENSE APPLICATION FOR ALBERTVILLE LIONS
RECOMMENDATION: It is respectfully requested that the Mayor and Council consider the
following:
MOTION TO: Approve a 1-Day Temporary On Sale Intoxicating Liquor License for the
Albertville Lions in conjunction with their 9th Annual Comedy Night and Dinner to be held on
Saturday, October 20, 2012 at St. Albert’s Parish.
BACKGROUND: The City Code and State Liquor Laws allow for temporary on-sale
intoxicating liquor licenses for clubs and charitable, religious or non-profit organizations. The
Albertville Lions have submitted an application for such a license for October 20, 2012 from 5-
10 p.m. at St. Albert’s Parish. The event is their 9th Annual Comedy Night and Prime Rib
Dinner. The Albertville Lions have annually held at least one event per year with this type of
license in the last several years.
KEY ISSUES:
• The license is contingent upon the approval from the Minnesota Gambling and Alcohol
Enforcement Division.
• A Certificate of Insurance for Dram Shop must be provided. The Albertville Lions have
submitted that insurance to the City.
POLICY/PRACTICES CONSIDERATIONS: The City Council has routinely approved
temporary 1-Day On-Sale Intoxication Liquor Licenses for the Albertville Lions in the past and
the City has received no complaints or concerns.
FINANCIAL CONSIDERATIONS: There is a fee of $220.00 for the license and it has already
been submitted to the City.
LEGAL CONSIDERATIONS: The Mayor and City Council have the authority to review and
direct staff to take action regarding liquor license applications received by the City of
Albertville.
Submitted Through: Kim Olson, City Clerk
Department/Responsible Person: City Clerk/Kim Olson
Reviewed by: RDT
Attachments: None
Agenda Page 26
Mayor and Council Request for Action
M:\Public Data\Requests for Council Actions (RCA)\2012\10 15 2012 I-94 Assessment Hearing.doc
Meeting Date: October 15, 2012
October 10, 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 2012-043 entitled, Resolution Adopting Assessment for
W.B. T.H. 94 C-D Road.
BACKGROUND: Pursuant to Minnesota Statutes, Chapter 429, it is proposed to assess
benefited properties for a portion of the cost of the interchange improvement. This resolution
approves the assessment role and imposes a special assessment, in the amount shown, for each
parcel included on the roll.
The assessment roll includes 86 parcels receiving special benefit from the improvements. The
assessments range from approximately $41 to $448,000 per parcel for cumulative total
assessment of $945,196.12.
It is proposed that the term of the assessment be 10 (ten) years from the date of the assessment
with an interest rate of 3.28%, which is 2% over the PFA bond rate and consistent with past
practice.
In accordance with the M.S. Chapter 429 requirements, all properties to be assessed have been
properly noticed.
KEY ISSUES:
• A public hearing will be conducted at the October 15th meeting, prior to consideration of the
resolution.
• After taking public comment, the City Council may lower one or more of the proposed
special assessments, but may not increase any proposed assessment.
• The resolution is required by the M.S., Chapter 429, to impose the assessment.
• No changes to the proposed assessment role have been made since it was presented as part of
the feasibility report, or was accepted in preliminary form.
• The term of assessment is 10 (ten) years, with an interest rate of 3.28%.
• The adopted assessment role will be certified with 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.
Agenda Page 27
Mayor and Council Communication – October 10, 2012
Engineering – I -94 WESTBOUND COLLECTOR – DISTRIBUTOR ROAD IMPROVEMENTS
Page 2 of 2
M:\Public Data\Requests for Council Actions (RCA)\2012\10 15 2012 I-94 Assessment Hearing.doc.
Meeting Date: October 15, 2012
• 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
benefitting 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
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: Public Works/Adam Nafstad
Reviewed by: RDT
Attachments: Resolution No. 2012-043, with Exhibit
Agenda Page 28
CITY OF ALBERTVILLE
COUNTY OF WRIGHT
STATE OF MINNESOTA
RESOLUTION NO. 2012-043
RESOLUTION ADOPTING ASSESSMENT FOR
W.B. T.H. 94 C-D Road
WHEREAS, pursuant to proper notice duly given as required by law, the Albertville City Council
has met and heard and passed upon all objections to the proposed assessment for 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;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ALBERTVILLE, WRIGHT COUNTY, MINNESOTA:
1. Such proposed assessment, a copy of which is attached hereto and made a part hereof as
Exhibit A, is hereby accepted and shall constitute the special assessment against the lands
named therein, and each tract of land therein included is hereby found to be benefited by the
proposed improvement in the amount of the assessment levied against it.
2. The assessment levied by this resolution upon those properties identified by PID
#101060001010 and 101095001010 shall be payable in equal annual principal installments
extending over a period of twenty years, the first of the installments to be payable on or
before the first Monday of January, 2014, and shall bear interest at a rate of 3.28% per
annum from the date of this resolution until December 31, 2014. To each subsequent
installment when due shall be added interest for one year on all unpaid installments.
3. The assessment levied by this resolution upon all properties other than those set forth in
paragraph 2 above shall be payable in equal annual principal installments extending over a
period of ten years, the first of the installments to be payable on or before the first Monday
of January, 2013, and shall bear interest at a rate of 3.28% per annum from the date of this
resolution until December 31, 2013. To each subsequent installment when due shall be
added interest for one year on all unpaid installments.
Agenda Page 29
City of Albertville
County of Wright
Resolution No. 2012-043
Page 2 of 5
4. The owner of any property so assessed may, at any time prior to the certification of the
assessment to the County Auditor, pay the whole of the assessment on such property, with
interest accrued to the date of payment, to the City Clerk, except that no interest shall be
charged if the entire assessment is paid within thirty (30) days from the adoption of this
Resolution; and he may, at any time thereafter, pay to the City Clerk the entire amount of
the assessment remaining unpaid, with interest accrued to December 31 of the year in which
such payment is made. Such payment must be made before November 15 or interest will be
charged through December 31 of the next succeeding year.
5. The Clerk shall forthwith transmit a certified duplicate of this assessment roll to the County
Auditor to be extended on the property tax lists of the County, and such assessment shall be
collected and paid over in the same manner as other taxes.
ADOPTED by the City Council this 15th day of October 2012.
Mark Meehan, Mayor
Kimberly A. Olson, City Clerk
Agenda Page 30
City of Albertville
County of Wright
Resolution No. 2012-043
Page 3 of 5
ASSESSMENT ROLL Exhibit A
ASSESSMENT ROLL
I94 W.B. C-D ROAD
ALBERTVILLE, MN 15-Oct-12
OWNER NAME PIN # APPROVED
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
Agenda Page 31
City of Albertville
County of Wright
Resolution No. 2012-043
Page 4 of 5
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
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
Agenda Page 32
City of Albertville
County of Wright
Resolution No. 2012-043
Page 5 of 5
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 CW B ALBERTVILLE CROSSING LLC 101086001020 $ 703.10
TOTAL
ASSESSMENT $ 945,196.12
Agenda Page 33
Mayor and Council Request for Action
M:\Public Data\Requests for Council Actions (RCA)\2012\10 15 2012 Fire Contract.doc
Meeting Date: October 15, 2012
October 10, 2012
SUBJECT: FINANCE DEPARTMENT – OTSEGO FIRE CONTRACT AGREEMENT
RECOMMENDATION: It is respectfully requested that the Mayor and City Council consider
the following:
MOTION TO: Approve the Five Year Fire Service Contract with the City of Otsego
BACKGROUND: Annually the City of Albertville enters into a Fire Service Contract with the
City of Otsego. The charge for Albertville services rendered by Otsego is determined by the
annual Fire Department Budget split by the percentage of fire district tax capacity for each city.
KEY ISSUES:
• With the growth in the City of Otsego increasing, Otsego has requested to be more
involved in the Fire Department Budget Process due to the fact that as they continue to
grow their percentage will also increase.
• Changing from an annual agreement to a 5 (five) year contract.
• Creation of a Fire Advisory Subcommittee consisting of two Council members from each
City, City Administrators, Finance Directors and the Fire Chief.
POLICY CONSIDERATIONS: The Mayor and Council have an ongoing understanding with
the City of Otsego with Fire Service Contract agreement.
FINANCIAL CONSIDERATIONS: The City of Otsego, with the fire contract, pays a
percentage of the Fire Department Budget annually.
LEGAL CONSIDERATIONS: The Mayor and Council have the authority to review and direct
staff to take action regarding all financial matters.
Department/Responsible Person: Finance/Tina Lannes, Finance Director
Reviewed by: RDT
Attachments: City of Otsego Contract
Agenda Page 34
1
2013-2017 FIRE PROTECTION AGREEMENT
WITH THE CITY OF OTSEGO
This agreement is made and entered into by and between the City of Albertville, a
municipal corporation located in the County of Wright, State of Minnesota, and the City
of Otsego, a municipal corporation located in the County of Wright, State of Minnesota.
WHEREAS, Otsego desires the services of the fire department of Albertville in case of
fires occurring in Otsego, as well as the emergency medical services of Albertville in case of a
medical emergency, and
WHEREAS, Albertville maintains a volunteer fire department with emergency medical
response capability, which department is available to provide fire protection and emergency
medical response services to properties located in Otsego, and
THEREFORE, it is agreed by and between said parties as follows:
1. Albertville, through its fire department, shall provide fire protection and emergency
medical response services to those properties in Otsego identified on the Fire District map
attached as Exhibit A to this Agreement. Fire service provided by Albertville includes
general structural and nonstructural, grass and forest, and vehicle firefighting and general
rescue services including vehicle and equipment extraction and general search and rescue,
hazardous materials response, fire code enforcement (but only on existing commercial and
industrial structures located in the district) and high level, water and confined space rescue.
Such fire protection and emergency medical response services shall be provided from
January 1, 2103 through December 31, 2017, unless otherwise terminated pursuant to the
terms of this Agreement.
2. Otsego shall pay Albertville a Fire Service Fee (“Fire Service Fee”) annually according to
the formula set forth in this paragraph in exchange for the provision of fire protection and
emergency medical response services as described above. Annual payments shall be made
in four equal installments on or before every April 1st, July 1st, October 1st and December
31st. The Fire Service Fee shall be calculated by multiplying the adjusted fire department
budget for the year fire service is to be provided (consisting of the fire department budget
less state fire aids received) times the value of the Taxable Tax Capacity within the Fire
District that is located in Otsego divided by the total Taxable Tax Capacity of the entire
Fire District, where the Taxable Tax Capacity is the Taxable Tax Capacity used to calculate
the real property taxes due in the year fire service is provided. For example, if the fire
department budget is $380,000, the Taxable Tax Capacity of the Fire District area in
Otsego is $3,000,000, and the total Taxable Tax Capacity of the entire Fire District is
$10,000,000, then Otsego’s annual payment to Albertville for that year under this
Agreement would be $114,000, calculated as $380,000 times ($3,000,000/$10,000,000).
Albertville shall issue a statement to Otsego by August of each year detailing the following
year’s estimated fire service amount due. In the event that Otsego disputes Albertville’s
calculations or the basis for the calculations, the parties shall within thirty (30) days after
Agenda Page 35
2
such objections are delivered to Albertville meet and negotiate in good faith a resolution to
the objections.
3. Otsego and Albertville’s respective City Councils shall both appoint Council
representatives to a joint Fire Advisory Subcommittee for the purpose of reviewing ongoing
fire service under this Agreement, the proposed fire budget, to address issues arising from
the Agreement, to review the operating and capital budgets, and to plan for future joint fire
and emergency response services. The Subcommittees shall meet as often as is necessary,
but shall meet at least two (2) times per year. The Subcommitttee shall consist of two
elected officials from each City, the City Administrator of each City, the Finance Directors
from each City and the Albertville Fire Chief. The Subcommittee shall develop a plan to
address the long-term direction of the department.
4. Albertville shall take all reasonable steps to insure that it has at all times adequate fire
fighting and medical personnel and equipment available and ready to provide protection to
Otsego’s citizens and property as provided for in this Agreement.
5. Albertville shall at all times keep in place liability insurance coverage to protect Otsego’s
interests and to fulfill Albertville’s obligations under this Agreement in at least the amount
of the maximum tort liability limits set forth in Minn. Stat. 466.04.
6. Albertville shall fully indemnify, hold harmless and defend Otsego from all claims arising
out of the negligence of Albertville, its employees, officers or agents in performing its
duties under this Agreement, provided such indemnification shall not exceed the maximum
tort liability limits set forth in Minn. Stat. 466.04.
7. Albertville’s obligation to provide fire protection service and emergency medical response
shall be subject to the following:
a. If road and weather conditions at the time of the call are such that the fire/medical run
cannot be made with reasonable safety to men and equipment, in the opinion of the Fire
Chief or his Deputy in charge, no obligation arises under this agreement on the part of
the City of Albertville to answer such call and no person or party shall have recourse
against the City of Albertville or City of Otsego for reasonable refusal to answer such
call.
b. In the event that a sufficient amount of the fire fighting/medical equipment and the
number of volunteer firefighters, or both, are committed at the time of the fire call, in
sole judgment of the Fire Chief or his Deputy, to fighting pre-existing fires or attending
a pre-existing emergency, so as to render the available equipment and manpower
inadequate to answer a fire or medical call from Otsego, no obligation shall arise under
this agreement to answer such call, provided that Albertville makes all reasonable
efforts to answer the fire or medical call in Otsego, including requests for mutual aid.
c. In the event a fire call by Otsego is answered by Albertville, but before the fire in
question is extinguished, the fire fighting equipment or volunteer firefighters, or both,
Agenda Page 36
3
are needed to fight another fire in the Fire District or to respond to another emergency
elsewhere in the Fire District, the Chief or his Deputy without liability therefore to any
person or to Otsego under this agreement, may in his reasonable judgment, redeploy the
firefighting equipment, volunteer firefighters and emergency response equipment as
they deem necessary given the competing emergency situations. If a decision is made to
leave a pre-existing fire in Otsego, Albertville shall utilize all resources reasonably at its
disposal to provide alternative services to extinguish the fire in Otsego, including
requests for mutual aid. The reasonable judgment of the Fire Chief or his Deputy shall
be final and no person or party shall have recourse against the City of Albertville or the
City of Otsego for any damages or losses resulting from such action or decision.
d. The parties acknowledge that Albertville has entered into mutual aid contracts with
other fire departments in other municipalities, and that in the event of concurrent fire
calls or other concurrent emergencies within the Fire District, Albertville will call for
mutual aid to serve one or all such emergencies as deemed necessary by the Fire Chief
or his Deputy.
e. Third parties shall have no recourse under this Agreement against either party to the
Agreement.
f. Because the City of Albertville has heretofore entered into mutual assistance fire
fighting agreements with other municipalities possessing firefighting equipment and
firefighters, which equipment and firefighters could be called by the Chief or his Deputy
to a fire or other emergency in Otsego, the City of Otsego agrees to pay such additional
cost as may be incurred thereby if, in the sole reasonable judgment of the Chief or his
Deputy, such additional fire fighting equipment/emergency response equipment and
firefighters are needed to respond to an emergency in Otsego and are in fact called to
such emergency by the Chief or his Deputy. Otsego shall be provided an itemized list
and explanation for any additional costs incurred under this section and billed to Otsego.
8. This agreement shall run for the period set forth in paragraph 1, provided, however, that
this Agreement may be terminated by either party following one year’s written notice to the
other party. In such case, this Agreement shall terminate on the first December 31st
following the first anniversary of the termination date (e.g., if a termination notice is served
on October 17, 2014, this Agreement would terminate on December 31, 2015). Written
notice of termination shall be effective upon personal service of the termination notice upon
the City Clerk of the non-terminating city.
9. Albertville shall provide Otsego with the names and addresses of those parties served in
Otsego with fire, medical or rescue services along with the incident report from the event.
Otsego may bill such parties separately and keep the proceeds from such billings.
10. Albertville owns all fire/rescue equipment used by the fire department and shall have the
sole discretion to determine when and how to dispose of such equipment, provided,
Agenda Page 37
4
however, that the proceeds from the sale of such equipment shall be credited to
Albertville’s fire department fund.
11. Albertville owns the fire hall and shall have the sole discretion to determine when and how
to dispose of it, provided, however, that the proceeds from the sale of the fire hall shall be
credited to Albertville’s fire department fund.
IN WITNESS WHEREOF, the parties have hereunto set their hands and seals this
________ day of _________________________, 2012.
CITY OF ALBERTVILLE CITY OF OTSEGO
By: ___________________________ By: _________________________
Mark Meehan, Mayor Jessica Stockamp, Mayor
ATTEST:
___________________________ _________________________
Kimberly A. Olson Tami Loff
City Clerk City Clerk
Agenda Page 38
Mayor and Council Request for Action
M:\Public Data\Requests for Council Actions (RCA)\2012\10 15 2012 Weishar Memorial.doc
Meeting Date: October 15, 2012
October 10, 2012
SUBJECT: Memorial Park (Jessica Weishair)
RECOMMENDATION: It is respectfully requested that the Mayor and City Council consider
passing the following:
MOTION: Authorize the construction of a memorial park in remembrance of the bus accident
that occurred in the spring of 2008, which is to be located on the City owned property located at
the northwest quadrant of 62nd and 63rd Street NE, for an estimated amount of $11,700.
BACKGROUND: As you may recall, the victim’s family and some Volunteer Fire Department
members used to maintain a memorial at the site of the accident, and with construction of the
interchange improvements, it was necessary to remove the memorial. Pursuant to Council
direction, staff and a group of Fire Department members have developed a memorial park concept
in remembrance of the 2008 bus accident fatality. Since May, staff and four Fire Department
members have held several meetings to develop a memorial concept.
The preferred concept is set between the southern tip of Hunter’s Lake and the two stormwater
ponds constructed as part of the interchange project, features which shape the memorial space and
create a setting amenable to quiet reflection and the enjoyment of nature. The nexus of the
concept is a butterfly garden inspired by Jessica Weishair, who was fond of butterflies and nature.
It is planted with native flowering species which attract butterflies and create a buffet of
interesting colors enjoyed throughout the seasons. A flagstone patio and stone seating elements
surround the garden, providing a place to sit and view the garden and the natural surroundings.
Native tree and shrub species surround the perimeter of the space, reflecting the existing lakeshore
vegetation and improving the experience of the garden by shading seating areas and strategically
blocking views to the interstate and nearby billboards. A crushed stone path leads visitors to the
memorial space from 62nd Street NE to the south. Other features of the memorial design might
include restored prairie plantings along the entry path (which could function as a butterfly habitat
while creating an aesthetic gateway to the space), sculptural elements and a memorial plaque to
remember Jessica Weishair and the students, teachers, and community responders involved in the
tragic accident that spurred the creation of the memorial. The concept has been designed to
compliment the City’s vision for its future trail network and would serve as an amenity for a future
trail system expansion.
With the exception of the grading and base, it is proposed that the memorial be constructed largely
by city and volunteer forces. The work associated with the grading and placement of the
aggregate base can be incorporated into the interchange project on a time and material basis,
which is estimated to be approximately $1,850. The other costs of the concept are primarily that
of materials alone, which are estimated as follows:
Agenda Page 39
Mayor and Council Communication – October 10, 2012
Memorial Park
Page 2 of 2
M:\Public Data\Requests for Council Actions (RCA)\2012\10 15 2012 Weishar Memorial.doc
Meeting Date: October 15, 2012
Landscape Materials (Trees and Plants) $1,900
Aggregate Surface for Trail $750
Flagstone Pavers $3,500
Seating Boulders $3,700
Total (materials) $9,850
Items not included in the estimate above, are other decorative elements, potentially including a
plaque, metal trellises, and butterfly figure. It is proposed that these elements be provided by non-
city sources, such as fundraising by the Fire Department.
In discussions with Chief Mills and other Fire Department members, it is believed that there is
substantial support by volunteers willing to help construct the memorial. The city crews and
equipment will also be needed to complete the project, specifically the machine work and
maintenance of the site once complete. Chief Mills is also in discussions with an Eagle Scout
candidate whom would like to assist in construction of the plaque and flagstone patio.
FINANCIAL CONSIDERATIONS: It is recommended that budgeted 2012 Working Capital
Reserves be used to fund the project. The 2012 budget and balance of the account is $40,000.
LEGAL ISSUES: The Mayor and Council possess the authority to order and authorize municipal
park improvements on properties owned by the City.
Submitted by: Adam Nafstad, Public Works Director/City Engineer
Department/Responsible Persons: Public Works and Fire Dept/Adam Nafstad and Chief Mills
Reviewed by: RDT
Attachment: Memorial Concept Perspective
Agenda Page 40
Agenda Page 41
Page 1 of 1
Couri & Ruppe, P.L.L.P.
Memo
To: Robert Thistle, City Administrator; Albertville City Council
From: Mike Couri
Date: October 11, 2012
Re: Attorney Report
Below is an update of the projects our office has been working on for the City.
• 152 Club Revolving Loan. We closed on the loan on October 11th. At Trish Holm’s
request, the loan was reduced from $12,000 to $10,500.
• Miscellaneous Ordinance Enforcement Issues. Adam Nafstad, Al Brixius, Paul Heins and
myself have met with Randy Stangler and the owner of the mattress store. It appears that
Mr. Stangler is going to be able to provide sufficient information to Paul Heins to
substantiate a previous retail use on the property, which under the building code would allow
the mattress store to remain in the building without sprinkling the building. I am in the
process of checking whether the City’s ordinances require the building to be connected to
City sewer and water, which is stubbed into a small lot adjacent to the building lot, both of
which are owned by Mr. Stangler. If the ordinance requires connection to City sewer and
water, it will trigger a SAC and WAC charge and trigger payment of substantial special
assessments from the 67th Street project that were deferred in 2004.
• Bridget Miller Severance Agreement. I have drafted a severance agreement and put it on
the Council’s Agenda for this meeting. As of this writing, Bridget had sent the agreement to
her attorney for review, but I have not yet heard back from her regarding the status of the
agreement.
• I-94 Assessment. The assessment agreement with the Outlet Mall owner has been signed
and recorded at the County Recorder’s Office.
Agenda Page 42
Mayor and Council Request for Action
M:\Public Data\Requests for Council Actions (RCA)\2012\10 15 2012 Bridget Miller Severance.doc
Meeting Date: October 15, 2012
October 11, 2012
SUBJECT: SEVERANCE AGREEMENT WITH BRIDGET MILLER
RECOMMENDATION: It is respectfully requested that the Mayor and Council consider the
following:
MOTION: Approve Settlement Agreement and Release of Claims between Bridget Miller and
the City of Albertville.
BACKGROUND: Bridget Miller’s employment was terminated with the City effective October
3rd, with the Council directing staff to draft a settlement agreement as a condition of a severance
package that was authorized by the City Council. That Agreement was submitted to Bridget
Miller, who sent the Agreement on to her attorney for review. As of this writing, Bridget had not
heard back from her attorney on this issue.
KEY ISSUES: The severance agreement consists of the following components:
• The City will pay for two months of outplacement services with OI Partners
Organizational Innovations, Inc., an outplacement firm with offices in Maple Grove, up
to a total of $2,500. If after two months, Bridget has not found employment, the City will
pay for a third month at OIPOI, but only for an amount of service not to exceed an
additional $750.
• The City will pay all accrued vacation due to Bridget.
• The City will pay Bridget a portion of her sick leave in the amount of $4,011.24.
• Bridget will release the City from any claims related to her employment with the City.
• By law, Bridget has 15 days after signing the agreement to rescind it.
• The City will not oppose Bridget filing for unemployment insurance.
POLICY/PRACTICES CONSIDERATIONS: This Agreement is consistent with the
direction given to Staff by the City Council at its October 1st meeting.
FINANCIAL CONSIDERATIONS: The City will spend up to $7,211.24 implementing this
severance package.
Agenda Page 43
Mayor and Council Request for Action – October 15, 2012
SEVERANCE AGREEMENT WITH BRIDGET MILLER Page 2 of 2
M:\Public Data\Requests for Council Actions (RCA)\2012\10 15 2012 Bridget Miller Severance.doc
Meeting Date: October 15, 2012
LEGAL CONSIDERATIONS: The City can pay an employee severance pay, provided the
City receives something of value in return. In this case, Bridget’s agreement to release the City
from all future claims provides the necessary consideration to make the agreement binding and
allow the City to provide severance. Bridget’s attorney may have changes to this Agreement (we
will not know what, if any, changes will be requested until the day of the City Council meeting).
If there are proposed changes to this Agreement, the City Attorney will address those at the City
Council meeting.
Submitted Through: Mike Couri, City Attorney
Department/Responsible Person: Bob Thistle, City Administrator
Reviewed by: RDT
Attachments: Settlement Agreement and Release of Claims between Bridget Miller and the
City of Albertville.
Agenda Page 44
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SETTLEMENT AGREEMENT AND RELEASE OF CLAIMS
This Settlement Agreement and Release of Claims (hereinafter “Agreement”) is made
by and between Bridget Miller, (“EMPLOYEE”) and the City of Albertville (hereinafter
referred to as “CITY”).
WHEREAS, EMPLOYEE has been employed as City Clerk and Administrative
Assistant/Clerk II (Accounting Clerk) by C ITY since approximately1998; and
WHEREAS, EMPLOYEE voluntarily left her position as City Clerk effective
December 31, 2011 and accepted the position of Administrative Assistant/Clerk II (Accounting
Clerk) on a six-month probationary status effective January 1, 2011; and
WHEREAS, the CITY has extended EMPLOYEE’S probationary status through
October 3, 2012; and
WHEREAS, upon the expiration of EMPLOYEE’S probationary status the CITY has
determined not to retain EMPLOYEE in the position of Administrative Assistant/Clerk II
(Accounting Clerk); and
WHEREAS, the CITY and EMPLOYEE desire to mutually resolve and settle all
disputes among them, known and unknown, in accordance with the terms and conditions
hereinafter set forth; and
NOW, THEREFORE, in consideration of the recitals and promises made herein, the
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parties agree as follows:
1. Termination of Employment. After a nine-month probationary period, the
CITY has terminated EMPLOYEE’S employment as Administrative Assistant Clerk II
(Accounting Clerk), effective October 3, 2012. In light of her years of service to CITY, and to
resolve any issues between the parties, CITY has agreed to provide severance payments to
EMPLOYEE in consideration of her execution of this Settlement and Release of Claims.
2. Nonadmission. It is expressly understood and agreed that this Settlement
Agreement and Release of Claims (“Agreement”) does not constitute, nor shall be construed, as
an adjudication or finding on the merits of any claim or potential claim by EMPLOYEE nor
does this Agreement constitute, nor shall either be in any manner construed, as an admission of
wrongful conduct or liability on the part of the CITY or its officials, employees, volunteers,
agents, representatives, and any affiliated entity of the CITY.
3. Severance. The City agrees to pay EMPLOYEE severance as follows:
(a) The City shall pay the cost of EMPLOYEE engaging the services of OI
Partners Organizational Innovations, Inc., an outplacement firm with offices
in Maple Grove, Minnesota, for two months at a total cost of $2,500. If after
two months, EMPLOYEE has not found employment, the City shall, at
EMPLOYEE’S option, pay up to $750 for a third month of OI Partners
Organizational Innovations, Inc.’s outplacement services.
(b) The City shall pay EMPLOYEE a portion of her unused sick leave (which is
not required to be paid to an employee upon termination), in the amount of
$4,011.24.
The Severance shall be paid in a lump sum with applicable payroll deductions for taxes and
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other usual deductions, including retirement contribution, upon the effective date of the Release
contained herein and after any applicable period in which rescission is allowed, as long as there
is no rescission of the Agreement by EMPLOYEE.
4. Accrued Benefits. EMPLOYEE has accrued and available vacation time, which
shall be calculated pursuant to current City policies and procedures and paid out at time of
termination.
5. Health Insurance Continuation Rights. EMPLOYEE acknowledges that it is
intended that she will receive a notice of her right to extend her health insurance at her own
expense pursuant to State and Federal law after her resignation date. This Agreement does not
limit EMPLOYEE’s health insurance continuation rights.
6. EMPLOYEE’ s Release of Claims. In exchange for the above referenced
payment at Paragraph 3, EMPLOYEE, for herself, her heirs, administrators, representatives,
successors, and assigns, hereby releases and forever discharges the City of ALBERTVILLE,
and their current and former officers, agents, or employees, successors and assigns from any
and all demands, debts, obligations or claims that were or could have been raised by
EMPLOYEE and that arise from or relate in any way to EMPLOYEE’s employment with the
CITY, including, but not limited to, any claims for severance, back pay, wrongful termination,
defamation, intentional/reckless/negligent infliction of emotional distress, attorney’s fees,
expenses or costs; claims under the Veteran’s Preference Act, Minn. Stat. 197.46; Title VII of
the Civil Rights Act of 1964, as amended; claims under the Civil Rights Act of 1991; claims
under the Americans with Disabilities Act; claims under 42 U.S.C. §1981, §1981a, §1983,
§1985, §1988; claims under the City’s Personnel Policy, under the Minnesota Human Rights
Act; Minn. Stat. 363A.01-41; claims under the Public Employment Labor Relations Act, Minn.
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Stat. 179a.01-.30; Family and Medical Leave Act, 29 U.S.C. 2601-54; Americans with
Disabilities Act, 42 U.S.C. 12101-117; the Rehabilitation Act of 1973, 29 U.S.C. 701-96i;
Minn. Stat176.01-.861; the Public Employment Labor Relations Act, Minn. Stat.182.65-.676;
the Minnesota Occupational Health and Safety Act, Minn. Stat 182.65-.676; the Minnesota
Whistleblower Act, Minn. Stat. 181.193-.935; the Age Discrimination in Employment Act
(ADEA), 29 U.S.C. 201-19, Minn. Stat 177.21-.35; claims under Minnesota’s Open Meeting
Law; claims under Minnesota’s Government Data Practices Act; and claims under common law
and any other applicable federal, state or local statute or ordinance, existing at any time up to
and including the date of this Agreement.
7. Rescission Period. In compliance with the ADEA, 29 U.S.C. 626(f)(1)(F)(i),
EMPLOYEE has 21 days in which to consider this Settlement Agreement. In compliance with
the ADEA, 29 U.S.C. 626(f)(1)(G) and the Minnesota Human Rights Act, Minn. Stat. 363A.31,
EMPLOYEE has 15 days from the date of execution of this Settlement Agreement in which to
rescind it. To be effective any such rescission must be in writing and delivered to the Albertville
City Clerk within 15 days from EMPLOYEE’s execution of the Agreement, either:
a. By hand by 5pm on the last day; or
b. By certified mail return receipt requested, postmarked by the last day.
8. EMPLOYEE’S Representations. EMPLOYEE represents and agrees that: (a)
she has received a copy of this Agreement for review and study and has had adequate time to
consider the Agreement before signing it; (b) has fully read this Agreement; (c) she has been
given fair opportunity to discuss and negotiate the terms of this Agreement; (d) she has been
advised by the CITY to consult an attorney before signing this Agreement; (e) she understands
and fully agrees to the Agreements provisions and is voluntarily and without duress entering
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into this Agreement.
9. Conduct of Parties. EMPLOYEE and CITY agree to conduct themselves in a
professional manner relative to the Agreement.
10. Voluntary and Knowing Action. Each person signing this Agreement
specifically acknowledges that he/she has read the terms of the Agreement in full, has had the
opportunity to consult with the attorney of her choice, understands the terms of this Agreement,
and understands to be bound thereby in full. Those signing below in the representative capacity
fully affirm or verify that they are authorized to execute this Agreement on behalf of their
respective principals, and that it is their principals’ intent to be bound thereby in full.
11. Assignment. The Agreement shall be binding on EMPLOYEE, EMPLOYEE’s
heirs, agents, administrators, representatives, or executors, and upon the CITY’s successors or
assignees. This Agreement shall not be assignable by EMPLOYEE and any purported
assignment shall be null and void.
12. Entire Agreement. This Agreement constitutes the entire Agreement of the
parties and there are no unrecorded inducements or representations leading to its execution. The
parties have no other written or oral Agreements. This Agreement supercedes any and all prior
Agreements. Any amendments or modification of this Agreement, or any subsequent
Agreement between the parties must be in writing.
13. Governing Law and Severability. Interpretation and construction of this
Agreement shall be governed by the laws of the State of Minnesota. Any term or condition of
this Agreement found to be invalid, illegal or unenforceable shall not render this Agreement
void or unenforceable. If any particular provision of this Agreement shall be adjudicated to be
invalid or unenforceable, the parties specifically authorize the tribunal making such
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determination to replace the invalid or unenforceable provision to allow this Agreement and the
remaining provisions thereof, to be valid and enforceable to the fullest extent allowed by the
law and/or public policy. The rule of construction of interpreting a contract against its drafter
will not apply to this Settlement Agreement.
14. Purpose of Agreement. Pursuant to Minn. Stat. 13.43, subd. 2(a)(6) the CITY
states that the reasons it is entering into this settlement are to avoid significant time, expense
and risks of prosecuting any potential claims, the cost and expense of potential litigation, and to
put to rest any and all possible disputes between the parties. CITY has also determined that
EMPLOYEE has through the course of her employment benefited the CITY in its development.
15. Unemployment Insurance. CITY agrees not to oppose a claim for
unemployment insurance by EMPLOYEE. If required, the CITY will respond to any
information request in connection with EMPLOYEE’s claim for unemployment insurance that
the CITY is not representing EMPLOYEE should be disqualified from receiving unemployment
insurance as a result of a voluntary quit, discharge for misconduct, or discharge for aggravated
employment misconduct, as those terms are defined in Minn. Stat. 268.095.
IN WITNESS WHEREOF, the City of Albertville and Bridget Miller have approved
and executed this Settlement Agreement and Release of Claims.
Date: ____________________ _________________________________
EMPLOYEE
BRIDGET MILLER
FOR THE CITY OF ALBERTVILLE
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Date: ____________________ _________________________________
Mark Meehan, Mayor
_________________________________
Kimberly Olson, City Clerk
Agenda Page 51