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1994-06-20 CC Agenda/PacketALBERTVILLE CITY COUNCIL AGENDA June 20, 1994 I. CALL MEETING TO ORDER II. APPROVAL OF THE AGENDA III. PRESENTATION OF BONDS TO ALBERTVILLE ROYALTY - Miss Albertville Lisa Roden - Princess Jenny Holland - Princess Shari Lindenfelser - Junior Royalty Kari Valerius Emily Vorderbruggan Jacob Bebeau Matthew O'Donnell IV. APPROVAL OF CONSENT AGENDA ITEMS * Attached List V. APPROVAL OF THE MINUTES * June 6, 1994 - Regular Meeting • VI. CITIZEN FORUM - 10 Minute Limit Dayle Veches - Certificate of Occupancy in MLDCO 1st Addition Gerald Johnsted - Request for permission to install/erect mounting pole for antenna Clem Marx - Discuss installation of culvert VII. DEPARTMENT BUSINESS A. PLANNING & ZONING (For Your Information Only) - Minutes of June 14, 1994, Public Hearing B. ENGINEERING - Marx/Psyk Drainage Problems - Update on Feasibility Study on Barthel Industrial Drive and 52nd Street - Project Updates C. LEGAL - Engineering Contract - Project Updates D. ADMINISTRATION * Financial Statement (June 1 - June 15) * Approve bills (Check #'s 8527-8573) * Approve 1993 Audit Report as presented • * Approve Change Order No. 3 for WWTF Expansion Project (Deletion of Floor Hardener: net result $220 deduct) * Approve RESOLUTION #1994-7 entitled A RESOLUTION DIRECTING THE LMCIT TO COMPLY WITH THE COURT OF APPEALS DECISION REGARDING AFTON CITY OFFICIALS Discuss prohibiting parking on 58th Street Discuss clerk attending future Council meetings Discuss membership in Minnesota Association of Small Cities Association - Dues $261.38 Request for Word of Peace Lutheran Church to youth for trip to Washington, D.C. Correspondence to/from Jim Hennum re: outside storage Reschedule Dale's performance review due to conflict with Otsego Creek Authority meeting Consider recommendation from AEDA to hire Katie Buttweilwer to update community profile at a rate of $8 per hour for 8 hours per week - Update on Microtech business relocation IX. ADJOURN • UPCOMING MEETINGS/IMPORTANT DATES June 22, 1994 Otsego Creek Authority 7:00 PM June 23, 1994 Park Board 7:00 pm June 28, 1994 Fire Building Committee 7:30OPM June 29, 1994 Government Organization Meeting 7:00 PM July 5, 1994 Regular City Council Meeting 7:30 PM July 12, 1994 Planning Commission 7:30 PM • LJ • 0 ALBERTVILLE CITY COUNCIL CONSENT AGENDA ITEMS June 20, 1994 III. APPROVAL OF CONSENT AGENDA * Approve Minutes of June 6, 1994, regular meeting * Financial Statement (June 1 - June 15) * Approve bills (Check #'s 8527 - 8573) * Approve 1993 Audit Report as presented * Approve Change Order No. 3 for WWTF Expansion Project (Deletion of Floor Hardener: net result $220 deduct) * Approve RESOLUTION #1994-7 entitled A RESOLUTION DIRECTING THE LMCIT TO COMPLY WITH THE COURT OF APPEALS DECISION REGARDING AFTON CITY OFFICIALS ALBERTVILLE CITY COUNCIL June 20, 1994 Albertville City Hall 7:30 PM PRESENT: Mayor Mike Potter, Councilmembers Duane Berning, Sharon Anderson, Albert Barthel and John Vetsch (7:35 PM), City Clerk Linda Houghton, City Administrator Dale Powers, City Engineer Bob Robertson, City Attorney Mike Couri Mayor Potter called the regular meeting of the Albertville City Council to order. The agenda was amended under Administration as follows: (1) Delete Microtech discussion (2) Change Resolution #1994-7 to Resolution #1994-9 (3) Accept letter of resignation from the Park Board from Anita Roden Berning made a motion to approve the agenda as amended. Barthel seconded the motion. All voted aye. Councilman Berning requested that a follow-up sheet be included in all future agenda packets. Mayor Potter presented certificates for $100 savings bonds to the new Albertville Royalty: Miss Albertville Lisa Roden, Princesses Jenny Holland and Shari Lindenfelser, Junior Royalty Kari Valerius, Emily Vorderbruggan, Jacob Bebeau and Matthew O'Donnell. The minutes of the June 6, 1994, meeting were amended as follows: Page 2 Paragraph 12 "Anders on/Vet sch unanimous to authorize getting specs prior to letting of bids for a new tanker truck". Page 3 Paragraph 13 Sentence 2 "Mayor Potter will attend the June 23rd meeting of the Frankfort Township Sewer Committee". Barthel made a motion to approve the June 6, 1994, minutes as amended. Anderson seconded the motion. All voted aye. Dayle Veches discussed his inability to get a Certificate of Occupancy for the house he has constructed on Lot 1, Block 1, MLDCO 1st Addition, because the drainage plan cannot be completed until the beehive required by the plat has not been installed on the corner of the lot. Closing on the house has been scheduled for Friday, June 24, and if the house does not close on that day, the buyers will lose the lock on their interest rate. Veches and realtor Dan Frie asked the City Council to enforce the conditions of the Developers Agreement and either force the developer to have ALBERTVILLE CITY COUNCIL June 20, 1994 Page 2 of 5 the beehive installed or have the CIty install the beehive with the funds provided by the developer's letter of credit. Berning made a motion to allow the building inspector to issue a temporary certificate of occupancy for veches' house provided that only the drainage and grading are incomplete and to give the developer thirty (30) days in which to have the beehive installed. If the beehive is not completed in that time frame, the City will have the beehive installed with the funds provided by the developer's letter of credit. Anderson seconded the motion. All voted aye. Gerald Johnsted requested permission to install a mounting pole to hold an antenna for his ham radio. Mayor Potter advised Johnsted to apply to the Planning Commission for a Conditional Use Permit before the Council would act on his request. Clem Marx requested permission to change the culvert that he stated collapsed when the trunk sewer line was installed. The culvert is located west of the St. Albert's Church and north of the proposed 57th Street. Marx indicated that if the culvert is replaced, the ditch would need to be cleaned to allow proper flows. City Engineer Bob Robertson reported that the topo map indicated that is the culvert is located properly and the ditch cleaned, the ares should drain. The Council agreed to have the wetlands areas delineated before proceeding with a clean -out of the ditch. Dale was directed to contact Kerry Sexton of the Wright Soil and Water Conservation office to have the delineation process started. The City will also get a quote from Dennis Fehn on the cost of getting the ditch cleaned. Attorney Couri advised that until the wetlands are delineated, he would not advise that City to take any action on the ditch cleaning. He further indicated that the first step to the delineation process should be up to Marx. Linda was directed to check if the performance bond for Kadlec Excavating has expired and to contact both the bonding company and the contractor regarding recently discovered along the trunk sewer line. Since Ron Becker was not present, the Council agreed to discuss the drainage swale on his property under Engineering. Engineer Bob Robertson reported on his findings regarding the Marx/Psyk drainage problem. One potential solution that would allow Pysk's 6th Addition to proceed is to have the drainage from the north end of the proposed development go to the end lot into a detention pond and detained on that lot by a wide berm. This would prevent quick run-off into the Marx wetland. This solution would be a temporary (interim) solution and would be changed once permanent storm sewer pipe is installed. Attorney Mike Couri advised that the addition of a second detention pond on the last lot as Robertson suggested may be workable if calculations show ALBERTVILLE CITY COUNCIL June 20, 1994 Page 3 of 5 that the amount of drainage and the velocity of the drainage is not increased. He suggested that the runoff factors and calculations be submitted to the city engineer for his review prior to Council action on the proposed development. Robertson reviewed the Feasibility Study for Barthel Industrial Drive and 52nd Streets. The study estimates the cost of street and watermain construction from the finished section of Barthel Industrial Drive to 50th Street at $163,125. Street, sanitary sewer, watermain and storm sewer construction along 52nd Street is estimated at $282,790. Street, sanitary sewer and watermain for the MacKenzie Circle portion is estimated at $72,026. The entire total project (Barthel Drive, 52nd Street and MacKenzie Circle) is estimated at $517,941. Bob will have a complete report available for the next Council meeting. Dale was directed to set up a meeting with the property owners whose property will be affected by the proposed improvements, including Ed Lenz , who actually is a resident of Frankfort. Bob reported that the corners of the Westwind Park have been staked. Linda was directed to check the Developer's Agreements and the PUD Agreement for the Westwind Addition to see if language is included that requires excess dirt from the development to be reserved for the park. Ron Guerts will put together a status report on the MNDOT/I- 94 drainage project for the Council's review. Dale reported that he had visited the Ron Becker property and observed two breaks in the swale allowing water to go to the pond. Dale also observed that the berm originally placed next tot he swale has been plowed under and Becker is actually farming the easement. Attorney Couri indicated that if no other property is being affected, the responsibility for rebuilding the berm could rest with Becker. Dale was directed to contact Ron Becker regarding restoring the berm and to meet with him regarding his Kelly Koopmeiner, who lives next to Becker's pond on 51st Street, told that Council that water ponds in her back yard and she would like to have the drainage corrected to eliminate the ponding. Ron Guerts from Meyer-Rohlin, Inc. will have the swale reshaped from the back corner of her lot to the beehive. This should stop the water from ponding. The maintenance department will haul dirt around the beehive to improve the aesthetics. Bob Braun, one of the developers of Hardwood Ponds 2nd Addition, requested City assistance in getting the engineer and contractor to proceed with his improvements. Linda will speak to ALBERTVILLE CITY COUNCIL June 20, 1994 Page 4 of 5 the engineer. Attorney Couri presented Resolution #1994-8, as requested by Mayor Potter. The resolution details the reason that Mayor Potter is recommending that the Municipal Engineering Services contract with RCM, Inc. be terminated because RCM has been unable to appoint a permanent engineer to replace Pete Carlson. Bob Robertson indicated that RCM does have an engineer in the St. Cloud office who he would recommend to represent the City, if the Council agreed. Mayor Potter explained that the determining factor in appointing RCM as engineer was that Pete Carlson would be the City representative, and he is recommending in the resolution that Carlson be appointed city engineer. Anderson made a motion to adopt RESOLUTION #1994-8 terminating REC as city engineer effective thirty days from the mailing of written notice and retaining Pete Carlson of Short, Elliot & Hendrickson as city engineer, pending approval of a written contract. Berning seconded the motion. All voted aye. Barthel made a motion to approve the Financial Statement for ^ the period June 1 - June 15 as presented. Anderson seconded the motion. All voted aye. Barthel made a motion to approve payment of Check #8527 - #8573 as listed. Anderson seconded the motion. All voted aye. The Council reviewed the 1993 Audit Report. Because of errors discovered in the employee benefit and insurance portions of the audit, Anderson made a motion to set a meeting with Mark Babcock to finalize the audit on June 27th at 6:00 PM. Vetsch seconded the motion. All voted aye. Barthel made a motion to accept the resignation of Anita Roden from the Park Board effective immediately and directing Linda to send a letter of appreciation to Ms. Roden. Anderson seconded the motion. All voted aye. Barthel made a motion to approve Change Order No. 3 for the 1992-11A (Wastewater Expansion Project) which deletes floor hardener from the plan. The net result of the change order is a deduct of $220. Anderson seconded the motion. All voted aye. The time of the meeting for Dale's performance evaluation was changed to 6:00 PM on June 22nd. The meeting will be closed to the public. The Council reviewed Resolution #1994-9 entitled A RESOLUTION DIRECTING THE LMCIT TO COMPLY WITH THE COURT OF APPEAL DECISION REGARDING AFTON CITY OFFICIALS. Discussion of the resolution was ALBERTVILLE CITY COUNCIL June 20, 1994 Page 5 of 5 tabled. Anderson made a motion to prohibit parking on both sides of 58th Street due to the narrowness of the street. Berning seconded the motion. Anderson and Berning voted aye. Barthel and Vetsch voted no. Mayor Potter cast a no vote. The motion failed. The Council agreed to continue with the parking of vehicles on one side of 58th Street, and directed that "No Parking on this Side of the Street" be placed on the sod side of 58th Street. Vetsch made a motion to have the City Clerk and the Administrator attend Council meetings. Berning seconded the motion. All voted aye. Berning made a motion that the City of Albertville not become a member of the Minnesota Association of Small Cities. Barthel seconded the motion. All voted aye. Berning made a motion to deny the request to sponsor youth on a trip to Washington, D.C. made by Word of Peace Lutheran Church. Barthel seconded the motion. Barthel, Berning, Vetsch and Potter voted aye. Anderson abstained. The motion carried. The Council reviewed the correspondence between the City and property owner Jim Hennum. The Council decided to table further action. Anderson made a motion to hire Katie Buttweiler to update the community profile for the City at a rate of $8 per hour for eight hours per week, not to exceed 10 weeks total. Funding for the employment will be from the AEDA. Barthel seconded the motion. Anderson, Vetsch, Berning and Barthel voted aye. Potter voted no. Berning made a motion to adjourn at 11:35 PM. Barthel seconded the motion. All voted aye. Michael Potter, Mayor Linda Houghton, Clerk MINUTES CITY COUNCIL MEETING JUNE 6, 1994 COUNCILMEMBERS PRESENT: Potter (8:26); Anderson, Barthel, Berning (8:26), Vetsch STAFF PRESENT: City Administrator Powers, City Engineer Robertson, City Attorney Couri (10:14pm) OTHERS PRESENT: Judy Rose, Judy Roden, Dale Langsdorf, Eugene Valerius, Char Zachman, Ken Lindsay, Mike Rutkowski, Doug Psyk, Aaron Brom, Bernie Marx, Clemens Marx, Gary Schwenafeier, Jeff Kopp, Dave Vetsch, Ed Ostendorf, Kevin Mealhouse , The meeting was called to order by Acting Mayor Anderson @ 7:30pm. Barthel/Vetsch unanimous to approve agenda as amended. Barthel/Vetsch unanimous to approve consent agenda as amended. Vetsch/Barthel unanimous to approve 5/16/94 Council minutes. COMMUNITY CONCERNS: Bernie Marx: Drainage issues=> 8 acres of low ground has expanded to 13.4 acres. Robertson indicated that the ditch that runs north through the property is very flat (.75"/100'), and that any siltation in the ditch will raise the water level. Cleaning the ditch is a solution, but the ditch is privately owned. Anderson/Barthel unanimous to direct Robertson to draft plan/cost estimates for the ditch cleanup, and to direct Powers to investigate whether the stormwater fund can be used for private ditch cleanup. Doua Psyk: Drainage issues=> Mentioned that he had a couple of plans to alleviate drainage, but requested that he wait until the city attorney was present. Frankfort Twp. Sewer Committee (Dave Dayon): (not present... tabled until he arrives) Dave Vetsch: (not present... tabled until he arrives) MAINTENANCE Tractor/Loader Purchase: Powers discussed a financing option available to the City through Piper Jaffray which involves pooled requests from other cities at a low interest rate (approximately 4.3-4.5% APR). Anderson and Vetsch each raised concerns about the longevity of the existing tractor/loader, questioning why a piece of equipment that was to have lasted 10 years needs replacing after five years. Barthel replied that the tractor/loader is obsolete and needs to be replaced. Anderson/Barthel unanimous to table this issue until the other Council members are present. Pesticide Applicator's License for Rutkowski: Powers replied to the Council's concern about Rutkowski's lack of a pesticide applicator's license by stating that he had discussed the situation with Rutkowski and mutually agreed on a 6/17/94 due date for the license. ENGINEERING 54 Street Drainage Estimate: Robertson discussed the cost estimate ($1500) for repairing the swale to the south of 54 Street east of Main Avenue. Since it is a privately owned swale, the expense would be assessed to the property owners. Anderson/Vetsch unanimous to notify property owners of the cost and the assessment to the property, leaving it up to them whether to finance the cost. Barthel Industrial Drive Feasibility: Robertson discussed this project, which would extend pavement south of 51 Street to 50 Street. Estimated project costs are $95,000, excluding the cost of soil borings and survey work. Robertson asked for Council approval of the expense of the soil borings (approximately $2000-2500). Vetsch expressed concerns about the assessibility of the project. Powers replied that the project would be assessable to all property owners along Barthel Industrial Drive. Anderson/Vetsch unanimous to authorize up to $2500 for the cost of the soil borings. Westwind Park: Robertson discussed concerns about the property designated for a park in the Westwind area. Specifically, he feels that a wetland delineation needs to be performed. He mentioned that RCM could do it at a cost of about $1,860. Rose replied that, since Wright County is the "local government unit" for these issues within Albertville, the county will do the delineation at no cost to the City. Anderson/Barthel unanimous to direct Powers to check with SCS and Robertson on this issue. Widmer: Norm Gartner (Meyer-Rohlin) had asked that this letter from his firm to Widmer be included in the council packet. The letter concerned sanitary sewer connection issues between the U. S. Post Office in Albertville and Widmer. ADMINISTRATION Dave Vetsch: The Albertville Volunteer Fire Department needs a water tanker truck replaced. There is $60,000 currently in the fund for this purpose, with an additional $20,000 to be allocated next year. The purchase price for the truck is in the $75,000-$80,000 range. [Potter and Berning arrive during this discussion.] Anderson/Vetsch unanimous to authorize letting of bids for a new tanker truck. Government Organization Meeting: Honorariums: Powers discussed the guests for the 6/29/94 meeting, and asked for authorization for $50 honoraria (fees) for each attendee. Berning/Anderson unanimous to authorize $50 honoraria for each guest. Lions Shelter Permit Fees: Powers discussed the building permit fees charged for the Lions shelter. Donatus Vetsch had requested that the City pick up these fees. Anderson/Barthel unanimous to pay the permit fees out of the park budget. Lighting Flag Pole: Powers discussed the bids for lighting the flag pole in front of City Hall, and recommended the Council accept, the bid for in - ground lighting. Powers felt that it would last longer and look better than adding the lights to the existing City Hall lights. The sense of the Council was to go with the lowest bid. Berning/Vetsch unanimous to approve the low bid'of $165 from Unlimited Electric of Monticello. Organized Collection: Powers discussed his research on this issue in light of the recent U. S. Supreme Court ruling that effectively barred cities and counties from banning interstate hauling of garbage. The League of Minnesota Cities recommending waiting for a while to see if any other city has litigation in this area. - Potter mentioned that perhaps we should check with Howard Lake, since that city just recently started the organized collection process. The Council directed Powers to talk with Howard Lake about their experiences with organized collection and report back to the Council. Fire Hall Committee Meeting: Powers asked for Council direction about when to schedule the next Fire Hall Committee meeting, since the 6/2/94 meeting had to be rescheduled. The Council directed Powers to contact Cheryl Robertus and ask her to get together with Jim Walsh to determine a date/time for the next meeting. Performance Appraisal for Dale: Powers inquired as to who will be conducting his 90 day performance appraisal (Anderson/Berning or the entire Council) and a date for said appraisal. It was the sense of the Council that the entire body perform the appraisal in a closed setting. Anderson/Vetsch unanimous to schedule this meeting on Wednesday, June 22, at 7.30pm. Frankfort Twp Sewer Committee: Dave Dayon from the Frankfort Township Sewer Committee talked about joint planning for sewer services, and suggested a meeting to discuss this item. The sense of the Council was to set up a meeting on Thursday, June 23. Lee Kasper Drainaae Concern: Powers discussed the letter from Lee Kasper, 11449 NE 60 St, concerning a ditch behind his house that is in a general state of disrepair, causing drainage problems. The Council directed Robertson to investigate the cost of correcting this problem, and directed Powers to check if this could be paid from stormwater fees. Tractor/Loader: This area was readdressed with the full Council present. Powers stated that the Council has to decide whether or not the tractor/loader needs to be replaced at this time. If the Council decides it does need to be replaced, then the financing program outlined earlier would be of great advantage to the City. Vetsch mentioned that he feels this issue has been discussed enough, and feels it should be addressed next year. Vetsch/Anderson unanimous to postpone consideration of purchasing a tractor/loader until April 1995. Check # 8513 (Rice Lake Contracting): (This check was pulled off of the consent agenda) Vetsch expressed a concern about paying this bill before a final inspection of the WWTP was performed. Mealhouse indicated that the final inspection has yet to occur, and that there are several inspection concerns about the WWTP. Vetsch/Berning unanimous to table payment of this check until further information has been gathered. Barthel Industrial Drive: Potter, absent from'the previous discussion, asked about this project --specifically if NE 52 St east from BID was included in the figures. Robertson said it was not, and Powers took responsibility for the error, stating that he only asked for the BID estimate and not the NE 52 St estimate. The Council directed Robertson to re -estimate the bid based on this addition. Potter took the meeting into recess, pending the arrival of Couri, @ 10:08pm. Potter reconvened the meeting upon Couri"s arrival @ 10:14pm LEGAL 50 St Assessment Appeal: Couri said the trial was postponed until 7/18/94 at the earliest. The potential settlement with plaintiff Greg Vetsch did not materialize, thereby obviating the need for the scheduled closed meeting. Psvk Drainaize: Couri mentioned that this issue may have been alleviated with a plan to place a holding pond on the northeasterly lot of the addition. This would allow the development to occur pending further development of the adjoining Marx property to the north. Marx objected to this plan, stating that the overflow from the holding pond would fall on his property. Potter expressed the sense of the Council that this issue has taken altogether too much of the Council's time, and that the Council should made a field visit to the property and check the historical flows of the area. The Council directed Powers to obtain old, predevelopment air photos of the area, and set up a meeting with Kerry Sexton of Wright County SWCD to discuss this issue. Kenco's Certificate's of Occupancy: Couri advised the Council to withhold certificates of occupancy for any future sites in Parkside I until a gravel base has been laid. 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J-J�zl� /V/� MINUTES PLANNING AND ZONING COMMISSION JUNE 14, 1994 COMMISSION MEMBERS PRESENT: Chairman Leroy Berning; Sharon Anderson, Howard Larson, Donatus Vetsch STAFF PRESENT: City Administrator Dale Powers, City Attorney Bill Radzwill PUBLIC PRESENT: Brian Bebeau, Laura Eicher, Bobby Heuring, Eileen Heuring, Guido Heuring, Leander Heuring, Mike Heuring, Monica Heuring, Julie Lenneman, Clem Marx, Bernard Marx, Patty Olsen, Doug Psyk, Bernadette Roden, John Roden, Dick Sybrant Meeting was called to order by Berning @ 7:30pm Larson/Vetsch unanimous to approve agenda. Anderson/Larson unanimous to approve minutes of 5/10/94 P & Z meeting. PUBLIC HEARING Berning called the public hearing to order. Powers read aloud the public notice, and explained the rationale behind the rezoning request. Public discussion centered on the following issues: -Property located in the area to be rezoned is currently in litigation. This property is scheduled to be residentially developed. -The need for additional commercially zoned property when the market currently will not support it. The Commission, Powers, and Radzwill explained that they were unaware of any pending litigation on any of the property in question, but that, was not germane to the discussion. Rather, the City needs to look toward its future needs, and that a large part of that projection includes additional commercial locations to support the massive residential growth of the region. This necessarily creates a healthy tension between property owners, who look after their own economic best interests, and the City, which has to look at the entire picture (both geographic and social) within its corporate limits. Larson/Vetsch unanimous to close the public hearing @ 8:26pm. Discussion continued after the public hearing on the issue. Berning/Anderson unanimous to table the proposal until the 7/12/94 PZ meeting. Larson/Vetsch unanimous to adjourn @ 8:30pm. LeRoy Berning, Chairman Dale Powers, City Administrator C:\WORDFILE\MINS0614.PZ CITY OF ALBERTVILLE FINANCIAL STATEMENT June 1 - June 15, 1994 Beginning Cash Balance June 1, 1994 INCOME (June 1 - June 15) Building Permits 24,853.67 Dog License 10.00 Interest Income (May) 343.43 Loan Payment (Fraser) 585.27 Reimbursement (Parkside) 4,697.59 Sewer/Storm Water 1,096.65 TOTAL INCOME, EXPENSES (June 1 - .Tune 15) PAYROLL 5/18 - 5/31 Check # P1088 - Linda 810.70 Check # P1089 - Dale 606.70 Check # P1090 - Ken 881.71 Check # P1091 - Mike 612.50 Check #'s 8482-8524 (Check #8513 held) & P1083-P1087) (approved 6/6/94) 99,925.30 Check #8525 - Miller 1,000.00 Easement) DEBIT (Savings Bonds) 350.00 PAYROLL PERIOD 6/1 - 6/15 Check # P1092 - Linda 810.70 Check # P1093 - Dale 809.28 Check # P1094 - Ken 918.71 Check # P1095 - Mike 638.44 Check # P1096 - E.Roden 40.63 ChecK #8526 - Dale's Pager 17.20 TOTAL EXPENSES Ending Cash Balance June 15, 1994 31,586.61 107,421.87 $309,110.98 $233,275.72 INVESTMENTS: CD #9066 (Fire Dept) 12,562.57 CD #9196 - Alb. Development Corp. matured 4/21/94 6,954.90 CD #8579 - matures 6/28/94 161,967.11 CD #9145 (Lions) - matures 7/21/94 @ 2.65% 19,711.89 CD #8925 - matures 8/31/94 111,182.38 CD #8807 - matures 9/28/94 366,931.99 Piper-Jaffray Investments (5/31/94) 961,451.78 TOTAL INVESTMENTS $1,640,762.62 CITY OF ALBERTVILLE BILLS TO BE PAID June 20, 1994 Check No. Vendor Reason Amount _ 8527 Affordable Sanitation Four Seasons Park 58.58 8528 Barthel Masonry Lions Shelter* 4,138.00 8529 Chouinard Office Prod. Supplies 83.33 8530 Clarey's Safety Equipment Repair Pumper 38.77 8531 Crow River News Legals - 55.13 266.13 Employee Ad- 181.00 Suscription- 30.00 8532 8533 8534 8535 8536 8537 8538 8539 8540 8541 8542 8543 8544 8545 Crow River Rental DJ's Don's Auto Federated Co-Ops 1st. Nat'l Bank of E.R. Gopher State One Call N_ackenmuilers Haller, Mark Independent Testing Kilian Hardware MedCenters Meyer-Rohlin Air Compressor 194.38 CH Supplies 5.57 385.45 CH Paint/Sup 212.37 Shop-Mower/Sup112.82 Street-Supplies39.82 Park Supplies 14.87 Propane 128.96 170.18 F.D. Gas 41.22 Tank Rent 10.00 1992A GO Imp. Bond. 1,360.88 May Locates 56.25 Gas 34.80 Replace Tree 48.94 Bituminous Coring 800.00 Rent Carpet Cleaner 32.56 Group Insurance 546.29 Parkside 11,087.44 16,947.31 WWTF 1,338.48* WW3 4,521.39* Monticello Aninal Control May Services 48.00 NSP Lions Service* 260.60 8546 New Brighton Lumber 8547 NSP 8548 Northern 8549 NAC, Inc. 8550 Otsego, City of 8551 P.E.R.A. 8552 Pat's 66 8553 Randt Filter Disposal 8554 RCM 8555 Rockford State Bank 8556 Roden, Kevin 8557 Scharber & Sons 8558 Security Bank NW 8559 Security Bank of M.L 8560 Unlimited Electric 8561 Valerius, Eugene 8562 Vetsch, Dave 8563 Wr. Co. Recorder Lions Shelter 4,963.00 SpecEvent 7.46 1,047.18 CivilDefense 3.14 Old C.H. 65.10 Event Sign 7.76 New C.H. 139.81 Park & Ride 20.84 City Park 143.56 4-S Park 23.49 WWTF 505.50 Parkside LS 13.14 60th St LS 34.98 52nd ST LS 82.40 Fertilizer 149.09 340.78 Ext. Ladder 191.69 Techncial Assistance 21.75 Grading 75.00 Pay Period 6/1-15 385.16 Streets 42.68 128.02 Parks 42.67 WWTF 42.67 Clean Up Day 80.00 Fire Hall 1,252.50 2,728.88 Psyk's 6th 529.87 MLDCO 221.38 BID Feas. 150.00 WW Park 150.00 General 150.00 1992 GO Bond 2,728.88 Mileage - Fire School 87.50 Tire -John Deere 68.27 1992A GO Bond 2,728.88 1992A GO Bond 2,728.88 Lions Shelter 726.45 Mileage - F.D. 19.75 Mileage - Fire School 87.50 Fees 21.50 8564 Wr. Co. Sheriff May Police 3,710.83 8565 Wright Recycling May 600.00 8566 AME Group Concrete - Lions 107.32 8567 Bistodeau, Jim BlackDirt - Lions 135.00 8568 Carlson Sod Sod - Lions 249.21 8569 Century Labs Hand Cleaner 108.85 8570 Eull Concrete Products Lions Shelter 10.00 8571 Eull's Mfg. Co. Concrete - Lions 206.61 8572 City of Otsego 19.2% of Engineer 2,480.11 Fees for OCA 8573 Simonson Lumber Lions Shelter 337.72 TOTAL BILLS $53,130.88 CHANGE ORDER Change Order No. 3 Date: May 19, 1994 Original Agreement Date: August 4, 1993 Project No. L272091-01 NA)-M.OF PROJECT: 1992-11A Improvement Project (Wastewater Treatment Facility Expansion), Albertville, MN OWNER: City of Albertville CONTRACTOR: Rice Lake Contracting Corp. The Justification for this CHANGE ORDER is attached. The following changes are hereby made to the CONTRACT DOMLENTS: Original CONTRACT PRICE $ 784,400.00 Current CONTRACT PRICE adjusted by previous CHANGE ORDER $ 801,378.41 The CONTRACT PRICE due to this CHANGE ORDER will be increased (decreased) by $ (220.00) The new CONTRACT PRICE including this CHANGE ORDER will be $ 801,158.41 The CONTRACT TIMME will be increased (decreased) by 0 calendar days. The date for completion of all work will be January 2, 1994 (Date). Approvals required prior to implemen ation: Engineer's recommendation, by date Owner's order, by date Contractor's acceptance, by �, �A-C-1- b, date Approval stamp of Minnesota Pollution Control Agency (MPCA): --ALL CHANGE ORDERS must be submitted to the MPCA. MPCA approval stamp is REQUIRED if this CHANGE ORDER alters the scope or objective of the project. MPCA 2/82 5/84 1/89 10/89 RICE LANE CONTRACTING - 09819998rlunilyEmp/nyer - April 27, 1994 Meyer-Rohlin, Inc. 1111 Hwy. 25 N. Buffalo, MN 55313 ATTN: Norman Gartner RE: ALBERTVILLE, MN - WWTF RLC Project 93-06 Gentlemen: Deleting the floor hardner results in a decrease in contract amount of $220.00. This sum breaks down as follows: Materials $ 80.00 Labor $ 120.00 Margin $ 20.00 Total Deduct $ 220.00 If you have any questions, do not hesitate to contact us. Sincerely, Rlce'1 Lake Con Wade J. onard Project anager ting Corp. n Ck-A l� County Road 12, P.O. Box 517, Deerwood, MN 56444. Phone (218) 546.5519 - Fax (218) 546.7016 Dear Elected Official: We are writing this letter as concerned fellow City Council Members as a City Member of the League of Minnesota Cities Insurance Trust (L.M.C.I.T.). We are asking for your consideration and support on a matter that has gone on for much too long and has sapped the resources of each of the three involved City Council Members. We believe, and the Minnesota Court of Appeals agrees that City Council Members should be entitled to reasonable legal defense coverage thru the L.M.C.I.T.. The attorneys for the L.M.C.I.T. disagree and have chosen to add to all parties expense and Appeal to the Minnesota Supreme Court. This action was brought in November of 1991 in regard to a June emergency discussion to repair a well in the Afton City Park prior to the Fourth of July celebration. The original complaint alleged that the Mayor violated the open meeting law with two Council Members on three separate and unrelated occasions. The complaint asked that the statutory penalty be imposed ($100) and that the Mayor and the two involved Council Members be removed from office. An elected official can be removed from office for three violations of the open meeting law. The courts have found only one unintentional violation and no evidence of any other open meeting law violations. In their defense the three City Council Members have incurred over $60,000 in legal expenses. The Minnesota Court of Appeals ruled on March 8, 1994 that the L.M.C.I.T. has a duty to defend and ordered them to do so. L.M.C.I.T. attorneys have chosen to Appeal the charge to the Minnesota Supreme Court. All around Minnesota Communities thought in joining the League of Minnesota Cities Insurance Trust they would receive legal defense coverage. The Court of Appeals says they should! In Afton, a single citizens effort to remove a Mayor and two City Council Members from public office has failed. The cost of survivory on their Public Offices is $60,000 to the involved Council Members. This is the type of event that is extraordinary, beyond budget and one for which cities purchase insurance. At least Afton thought it had purchased such insurance. City of Afton — 3033 St. Croix Trail So. Box 386; Afton, MN. 55001 We are enclosing a Resolution that would direct the League of Minnesota Cities Insurance trust to comply with the Appeals Court decision. We ask that you place this matter on your City Councils agenda at the earliest possible date and show your support for Afton or your concern for the issue by passing the attached resolution and forwarding a copy to the L.M.C.I.T. and the City of Afton. We thank you for your time and consideration on this matter. Respectfully, Charlotte Farago Ward 3 Non -Litigants City of Afton Daniel O'Neill Ward 4 CITY OF ALBERTVILLE RESOLUTION #1994-7 A RESOLUTION DIRECTING THE LMCIT TO COMPLY WITH THE COURT OF APPEALS DECISION REGARDING AFTON CITY OFFICIALS WHEREAS, elected City officials from the City of Afton have been in--tigation sine November, 1991, and WHEREAS, ± -z are the _ �"ul t o ' 4-endi ngr --heir right t0 _^_c._' `?u_-% cfl--::- as elected Ofit��.73'_S, and WHEREAS, the District Court states that the defendants did not conspire to meet and the Court of Appeals stated that their one violation was "within the reasonable and lawful performance of public duties" and the violation was "unintentional. an unfortunate misstep --a stumble --while the appellants went about the performance of legitimate public services", and WHEREAS, there was no personal benefit to these City officials, and WHEREAS, Afton is a member of the LMCIT pool, an insurance trust designed so that cities can help each other during times of unanticipated financial trouble, and WHEREAS, the Court of Appeals has ruled that this pool does offer coverage for defense of these types of minor violations, and WHEREAS, the LMCIT has now begun to offer insurance, at an additional premium to member cities, which specifically covers those situations already determined to be covered by the Court of Appeals decision, and WHEREAS, the- 1-m-CIT has appealed this Court of Appeals decision -. Minnesota Supreme Court, and WHEREAS, this appeal will cost the LMCIT and its member cities, and also the elected officials of Afton, considerable time, resources, and thousands of additional dollars, NOW THEREFORE, BE IT RESOLVED BY THE CITY OF ALBERTVILLE, that it direct the LMCIT to dismiss its appeal to the State Supreme Court, and to reimburse the elected officials from the City of Afton for their legal expenses resulting from litigation originating in November of 1991, BE IT ALSO RESOLVED, that copier of this resolution he sent to LMCIT offices in St. Paul and to the City of Afton. ADOPTED BY THE CITY COUNCIL OF THE CITY OF ALBERTVILLE THIS 20th DAY OF JUNE, 1994. Michael Potter, Mayor ATTEST: Linda Houghton, Clerk Minnesota Association of Small Cities Nancy Larson Executive Director 21828 MN Hwy. 15 Dassel MN 55325 (612) 275-3130 May 20, 1994 Dear Small City Official, Pat Bonn1well Administrative Advisor PO Box 176 Dassel MN 55325 (612) 275-2707 Each year, the Minnesota Association of Small Cities appears to be having a greater impact on both the State Legislature and State Agencies, and this year was no exception. I hope - the enclosed report, as well as samples of some of the Action Alerts and newsletters sent out during the past year, will give you a better understanding of the work we do on behalf of your city and other small cities in the state. On the Legislative front, we worked tirelessly to convince legislators to restore the Local Government Trust Fund shortfall, to provide an increase in local government aids for 1995 and to adopt an LGA formula --supported by the Association --that is beneficial to a majority of small cities in the state. Annexation was a new issue for the Association this year, and without our participation, it is doubtful that legislators would have agreed to a compromise on this issue. Our help was also needed to stop an amendment that would have forced many cities to change their election dates from even to odd years. _We jot called in at the last moment to help the municipal electric utilities fight a bill denying them access to the eminent domain "quick take" procedure and were able to change some votes, but there wasn't time to overcome the nostalgic sympathy legislators have for co-ops. There were many other smaller issues that received our attention this year, but it generally involved stopping legislation before it had a chance to gain a hearing. The Association continues to serve as your advocate before State Agencies, particularly the Minnesota Pollution Control Agency. We worked with the Coalition of Greater Minnesota Cities to stop a 25 percent increase in MPCA permit fees for 1995 and continue to work with the agency in designing a new permit fee formula. We have also worked with the State Auditor's Office regarding its analysis of the State's property tax and local government financing systems, with the University of Minnesota Extension Service on cooperation between local units of government and with the Department of Trade and Economic Development on economic development issues. MAKING BIG THINGS HAPPEN FOR SMALL CITIES! In order to have a better idea of what is happening in our small communities, Pat Bonniwell, our administrative advisor, and I spent five weeks on the road last year, visiting 140 cities in all parts of the state and attending all but one of the regional meetings sponsored by the League of Cities. It was your stories, brought back to the Legislature, that helped us to successfully lobby on issues that affect your cities. Now it is time to look ahead to next year, which appears to be a critical one for small cities. The Legislature will be looking seriously at property tax reform proposals, many of which could be harmful to most small cities. Proposals affecting annexation procedures, land use and municipal utilities will be on the table. MPCA will finalize its new permit fee structure and seek approval from the Legislature for rate increases. We will continue work hard on behalf of small cities on these and many other issues, but we cannot do it without your help and hope you will consider joining our Association in 1994-95. Our dues are low --unchanged for the third year in a row --but in order to make it even easier for you, we are offering a 5 percent discount to cities that pay their dues prior to July 31, 1994. Again, I encourage you to join the Minnesota Association of Small Cities and help provide the support needed to enable our organization to serve as a collective voice for the small cities of the State. Sincerely, Nancy Lars , Executive Director MINNESOTA ASSOCIATION OF SMALL CITIES ANNUAL DUES STATEMENT Thanks for joining the Minnesota Association of Small Cities. Dues vary according to population based on the formula below. Cities remitting their dues prior to July 31, 1994, receive a 5 percent discount off their total annual dues. 0-1000 population $ 75 per city plus 14 cents per person 1001-2000 population $100 per city plus 14 cents per person 2001-5000 population $150 per city plus 14 cents per person Please remit to: Minnesota Association of Small Cities 21828 Minnesota Highway 15 Dassel, MN 55325 612-275-3130 City of ALBERTVILLE Membership base: $100.00 Population 1251 plus 14 cents per person: $175.14 TOTAL $275.14 5 PERCENT REDUCTION (If dues are remitted before July 31) $13.76 TOTAL WrM DISCOUNT $261.38 City Clerk Payment from public funds authorized by Minnesota Statutes governing city operation and functions. Box 174 • 12522 Main Street Rogers, Minnesota 55374 • Church Office • 428-2555 Word of Peace LUTHERAN • CHURCH To Whom It May Concern: Hello, my name is Stephanie Hovda and I'm the Youth Director at Word of Peace in Rogers. This summer we're taking a trip to Washington, D.C. with five other churches from the surrounding communities. Youth for Christ is sponsoring a non -denominational Super Conference for over 12,000 youth in the United States. The Super Conference will be held from July 24-August 1 st. There will be many speakers such as Tony Campollo and Becky Tirabassi and bands like Petra, D.C. Talk and Pray For Rain (PFR) to name a few. The youth will be at many leadership events, so when they come back, they will be able to be leaders in the community. In order to go to D.C., the youth each need to raise $500.00. The total amount we need is $12,000. We are asking if you would be willing to help us go by sponsoring one or more of the youth with $200.00 each youth. They are each responsible for raising the remaining $300.00 themselves. We would greatly appreciate any help you could give us. The youth are excited to go, and I don't want money to hold them back from a life -changing experience. Please let me know if this will be possible by June 15th. If you need more information, please let me know. Thank you for your time. w G� y11,E. 428-2555 church number John Christianson, Pastor 428-8497 Milo Brekke, Pastor 922-4366 Stephanie Hovda, Youth Director 497-1382 Beth Brekke, Parish Worker 922-4366 Barbara Merwin, Director of Volunteer Ministries 428-4087 May 4, 1994 Jim Hennum c/o Jim Hennum Real Estate, Inc. 5774 Main Av NE Albertville, MN 55301 Dear Mr. Hennum, It has come to my attention that your property across the street from the Albertville Bar has an excessive amount of materials stored outside. This situation is in violation of City Ordinance 1000.16, which states that these materials must be stored inside a storage shed. I understand that you had applied for a permit to construct a storage facility on this property. The permit was denied due to the fact that the property is not zoned for construction of only a storage shed. Being in the real estate business, you understand the importance of maintaining a policy of strict enforcement of zoning ordinances that are designed to enhance the quality of life in the community. For this reason, I'm confident that this situation is merely an oversight, and that you will take the proper steps to remove the materials on your property. The City will be monitoring your progress. Mr. Hennum, thank you in advance for your consideration on this matter. Sincerely, Dale Powers City Administrator C:\WORDFILE\HENNQM June 1, 1994 Jim Hennum c/o Jim Hennum Real Estate, Inc. 5774 Main Av NE Albertville, MN 55301 Dear Mr. Hennum, It has come to my attention that your property across the street from the Albertville Bar continues to have an excessive amount of materials stored outside, in violation of City Ordinance 1000.16, which states that these materials must be stored inside a storage shed. As a result, the City must order you to put your property in compliance with the above ordinance. Further, this compliance must be completed no later than 4:OOpm Wednesday, June 8, 1994. If the property is not in compliance by this time, the City will restore the property to a state that is in compliance with the aforementioned ordinance, and assess the property for the cost of the cleanup_ Mr. Hennum, thank you in advance for your consideration on this matter, and have a good day. Sincerely, Dale Powers City Administrator C:\WORDFILE\HENNOM.2 June 6, 1994 City of Albertville Attn: Dale Powers Regarding you letter dated June 1, 1994. Please give me your definition of excessive, also your definition of materials. What materials are you referring to? Were there excessive materials stored there when the city placed piles of dirt and equipment on my property during sewer and street construction without my permission? Were there excessive materials on my property in years past when the city stored piles of snow there for the entire winters without even asking me? I am warning you in advance. Do not tresspass on my private property or.I will take appropiate action against you. You should be more concerned about cleaning up the broken glass and debris on your sidewalks and streets that we must step over, and drive over while attempting to get into our offices on Main Street each day. You say "orr3ance1000.16 states these materials must be stored inside a storage shed". Yet you say I cannot build a storage shed. Some ordinance isIt it? My advice to you, is get rid of your excessive ordinances and get back to common sense. Once again I remind you, do not tresspass on my property without my permission. Please answer the above questions. I look forward to your response. Sincerely, James H. Hennum MINUTES ALBERTVILLE ECONOMIC DEVELOPMENT AUTHORITY JUNE 13, 1994 COMMISSIONERS PRESENT: Duane Berning, Curt Muyres, Mike Potter, Diane Vinge COMMISSIONERS ABSENT: Rod Fraser STAFF PRESENT: City Administrator Dale Powers OTHERS PRESENT: Gordon Bye, Katie Buttweiler The meeting was called to order by Powers @ 7:30pm. Potter/Muyres unanimous to elect Berning temporary chairman. Potter/Muyres unanimous to approve agenda. ELECTION OF OFFICERS: President=> Berning/Potter to nominate Muyres as President of the Albertville Economic Development Authority (AEDA). Potter/Vinge unanimous to close nominations and elect Muyres President of the AEDA. Vice President=> Berning/Muyres to nominate Vinge as Vice President of the AEDA. Potter/Muyres unanimous to close nominations and elect Vinge Vice President of the AEDA. Secretary=> Potter/Vinge to nominate Powers as Secretary of the AEDA. Potter/Berning unanimous to close nominations and. elect Powers Secretary of the AEDA. Treasurer=> Potter/Muyres to nominate Berning as Treasurer of the AEDA. Vinge/Potter unanimous to close nominations and elect Berning Treasurer of the AEDA. Assistant Treasurer=> Potter/Muyres to nominate City Clerk -Treasurer Linda Houghton as Assistant Treasurer of the AEDA. Potter/Vinge unanimous to close nominations and elect Houghton Assistant Treasurer of the AEDA. BY-LAWS Potter/Muyres unanimous to approve the by-laws of the AEDA. OFFICIAL BANK Potter/Vinge unanimous to designate the following banks as official banks: Security Bank Northwest of Albertville; 1st National Bank of Elk River; Rockford State Bank. OFFICIAL NEWSPAPER Potter/Berning unanimous to designate the Crow River News as the offical newspaper of record. OTHER BUSINESS MicroTech: Gordon Bye, Vice President -Sales and Marketing of MicroTech, spoke to the AEDA concerning a possible relocation to Albertville. Currently, the firm has its sales/marketing office in St. Cloud, and a manufacturing center in Eden Prairie. MicroTech desires to combine the functions in one facility. The firm has two offers on the table (New Richmond, WI and Faribault, MN). However, there are serious locational deficiencies in both offers. The sense of the AEDA was to assist Bye and MicroTech in coming up with an offer to locate in Albertville. Rod Fraser: Fraser communicated with City staff his desire to remove the stipulation he put on a gift of a $5000 certificate of deposit to the City. The stipulation was that the funds be used for Westwind Park. Fraser further stated that he feel an updated community profile would be an -asset to the City in attracting business, and that the funds could be used for that purpose. Powers introduced Buttweiler, who currently is working an extended internship for the City of Becker. Powers feels that Buttweiler would be excellent in performing this task, and recommended that the AEDA recommend to the City Council that Buttweiler be hired for 8 hours/week at a rate of $8/hour. Muyres/Vinge unanimous to recommend to the City Council that Buttweiler be hired to work on the updated community profile at the hours and rate indicated. Regular Meeting Date/Time: It was the sense of the AEDA that the regular meeting date/time be the second Monday of each month @ 7:30pm. Potter/Vinge unanimous to adjourn C 9:15pm Curt Muyres, AEDA President Dale Powers, AEDA Secretary C:\WORDFILE\MINS0613.EDA /J(4: 0vE/72,4 L MEYER-ROHLIN, INC. 0 O ENGINEERS -LAND SURVEYORS 1111 Hwy. 25 N., Buffalo, Minn.55313 Phone 612- 682-1781 June 14, 1994 Mr. Wade Leonard Rice Lake Contracting PO Box 517 Deerwood, MN 56444 RE: 1993-11A Improvement Project Wastewater Treatment Facility Expansion Albertville, MN Dear Mr. Leonard: Recently Mike Christenson and I made an inspection trip to the wastewater project to determine if all punch list items have been completed. Attached is the list of the items which still need to be completed: 1. Tighten all barbed wire fence, especially near the outlet line to Mud Lake. 2. Provide wire guard and gasketed system for double exterior light at the southwest corner of the new building, adjacent to the overhead garage door. 3. Provide executed warranty endorsements for the building for the panel finish, the roof panels and pursuant to my discussion with the building manufacturer and his paint contractor, a letter warrantying the paint job on the existing building for a period of ten years. 4. Caulk the new building so it does not leak. S. Paint larger arrows on the pipe by the sludge pump. 6. Insulation under the eaves of the building is falling out. Please replace and secure as required. 7. Repair the chain hoist where the electrical wiring pulled out of the motor and adjust either the stop blocks or the wiring so this will not occur in the future. Thore P. Meyer, Professional Engineer Robert Rohlin, Licensed Land Surveyor page 2 Rice Lake Contracting 8. Install the loose panel on the building above the garage door. 9. The corner of the effluent sampler building is chipped and must be repaired. 10. Check the UV alarm to the supervisory panel. It does not appear to be operating properly. George Nugent has checked and said it is electrical. 11. The trim panel on the east exit door is loose and must be re -attached. 12. Provide six operation and maintenance manuals for the alum metering pump. 13. Provide the new alum metering pump and install as required. The paint job on the existing building does not match the new building. The City of Albertville is currently deciding if it is acceptable or what additional work must be done. I will let you know what they decide. Upon completion of these items, I will recommend release of the final payment to Rice Lake Contracting. Please attempt to see that all items are taken care of as soon as possible. In addition I wanted to let you know that the hose for the influent sampler has broken again. Vessco has supplied addition- al hose to make the repairs. If it occurs again, Terry Schiro of Vessco has said they will replace the pump. If you should have any questions, please feel free to contact me. Sincerely, MEYER-ROHLIN, INC. Norman Gartner Professional Engineer cc: File E-9201-C City of Albertville