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2004-04-05 CC Packet
File Copy A�Ibcrtvijjc SHWE TMM UWDW as ON UF06 ALBERTVILLE CITY COUNCIL AGENDA April 5, 2004 7:00 PM 1. CALL TO ORDER- ROLL CALL — ADOPT AGENDA 2. MINUTES a. Regular City Council meeting held on March 15, 2004 (pages 3-10) b. Special Transportation meeting held on March 16, 2004 (page 11) c. Special Joint Meeting with City of Albertville, City of St. Michael, and STMA School Board held on March 29, 2004 (pages 12-13) 3. CITIZEN FORUM — (10 Minute Limit) 4. CONSENT AGENDA a. Approve payment of claims check number 19555 —19618 (pages 14-20) b. Liquor License Renewals 1). Off Sale Liquor Licenses a). Albertville Off --sale LLC b). Coborn's Inc. c). C.L. Gentile Inca d). Hackenmueller's Inc. f). Holm Holdings Inc. h). Vetsch, Gary E. 2). On Sale Liquor Licenses a). C. L. Gentile Inc. b). Cedar Creek Bar & Grill d). Holm Holdings Inc. e). Spectators Grille & Bar / Albertville Inc. f). Vetsch, Gary E. 3). Special Sunday On Sale Liquor License a). C. L. Gentile Inc. b). Cedar Creek Bar & Grill c). Holm Holdings Inc. d). Spectators Grille & Bar / Albertville Inc. e). Vetsch, Gary E. 4). On Sale Wine License a). Rosetti's Pizza & Pasta Inc. 5). Off Sale 3.2 Malt Beverage a). JTS Auto Service, Inc. _b). Coborn's Inc. l of 52 c. Approve 2002 Frontage Avenue Improvements Payment No. 6 for this project in the amount of $11,957.80 as per the City Engineer's recommendation with proceeds held pending direction from legal council regarding the bonding agents request. (pages 21-23) d. Approve application for Non -intoxicating Malt Liquor License for the Albertville Lions, Inc. for the Paul Heinen Benefit Fundraiser at the St. Albert Parish Center on April 17, 2004 e. Approve the application for Non -intoxicating Malt Liquor License for the Nights of Columbus #4174 for Softball Fields on June 11, 12 and 13 f. Approve an application for the Albertville Fireman's Relief Association to Conduct Excluded Bingo at the St. Alberts Parish Center on April 17, 2004 g. Approve Veit Companies quote in the amount of $4,349.00 to remove the basement of the City owned house at 5933 Main Avenue N.E. (page 24) h. 5. ACTION ON PULLED CONSENT ITEMS 6. PUBLIC HEARINGS 7. DEPARTMENT BUSINESS a. Fire Department 1). Albertville Fire Relief Association Pension and Retirement Update (verbal report) 2). Review FEMA Protective Equipment Grant Summary (FYI) (page 25-26) b. Street Department Report (page 27) c. Water/Sewer Report (page 28-31) 1). Action requested on implementation of automated meter reading system. d. Planning & Zoning 1). Albert Villas 7a` Addition (page 32-33) 2). Flooring America (page 34-35) e. Engineering 1). Review of Barthel Industrial Improvement Project and call for a Public Improvement Hearing — Adopt Resolution (page 26) 2). Public Works Facility Bids and decision to proceed with construction (page 37-39) f. Legal 1). Sale of fireworks from a temporary outdoor stand (page 40-42) g. Administration 1). City Administrator Report (page 43) 2). Appointment of Council Committee on New/Expanded City Hall 2 of 52 • 3). Set a date with employees to review Council/Employee information/goals regarding Health Insurance, Wage, Benefits Study 8. OTHER BUSINESS 9. OTHER MINUTES/INFORMATION (1) Joint Water (page 44-45) (2) Planning and Zoning (page 46-49) (3) Parks and Recreation (page 51-52) 10. ADJOURNMENT • 3 of 52 City of Albertville Minutes March 15, 2004 is Albertville City Hall 7:00 PM PRESENT: Mayor Don Peterson, Councilmembers LeRoy Berning, Tom Fay, Dorothy Rich and Ron Klecker, City Engineer Pete Carlson, City Planner Al Brixius, City Attorney Mike Couri and City Administrator Larry Kruse. Absent: None Mayor Peterson called the City Council meeting of the City of Albertville to order at 7:00 p.m. MINUTES: MOTION BY Councilmember Klecker, seconded by Councilmember Fay to approve the minutes of March 1, 2004. Motion carried unanimously. AGENDA: MOTION BY Councilmember Berning, seconded by Councilmember Rich to approve the • agenda adding the following items: Planning: H.J. Development request for sign Miscellaneous updates Engineering 57th Street Trail easements Barthel Industrial Improvement Other Big Woods Elementary School Park Shelter Motion carried unanimously. CONSENT AGENDA: MOTION BY Councilmember Fay, seconded by Councilmember Rich to approve the following consent agenda except check numbers 19478. a. Approve payment of claims check number 19461-19509 b. Approve $8,000 donation to the Family Youth Community Connections (FYCC) c. Approve application for Exempt Permit for St. Albert's Catholic Church for the • Parish Festival scheduled for July 18, 2004. d. Approve application for Non -intoxicating Malt Liquor License for Lions, Paul Heinen Family Benefit to be held on April 17, 2004 noon to 11 p.m. 4 of 52 . e. Accept Veit & Company's building demolition and asbestos removal quote for 5933 Main Avenue at an amount not to exceed $19,839. f. Approve Resolution No. 2004-10 for local government to apply for Outdoor Recreation Grant Program. Motion carried unanimously. PULL CONSENT ITEMS: Berning questioned a $553.26 IRS payment. City Administrator Kruse stated IRS audited 2003 withholding and identified this as an adjustment. MOTION BY Councilmember Berning and seconded by Councilmember Rich to approve payment of checks numbers 19478. Motion carried unanimously. CITIZEN FORUM: No comments. PUBLIC HEARINGS: The City of Albertville's Outdoor Recreation Grant Application for Albert Villas Park Improvements. Mayor Peterson called the public hearing to order and Councilmember Berning reviewed the Y p g g proposed park improvement project. Following the presentation, positive comments were received regarding the need for this project. No negative comments were received about the project. The Albert Villas Park will be known as Southside Park. The park will include a youth baseball field, competitive soccer field, play structure, trails, gazebo, restroom, storage shed, and parking area. The project will start in September 2004 and be completed May 2005. Total cost of the project is $225,117.00. The funds for this project will be taken out of park dedication fees, paid by the developer at the time of development. Mayor Peterson adjourned the public hearing and reconvened the regular City Council meeting noting the approval of a resolution in the consent agenda. PARKS DEPARTMENT Councilmember Rich updated the Council stating that Councilmember Klecker had attended a meeting on the Big Woods Elementary School park shelter. Students involved in planning the park have visited a number of other facilities and have expanded the project to $100,000 to $160,000. School representatives were not in attendance, so many questions could not be answered. Currently the City of St. Michael is proposing contributing $35,000 and the City of Albertville has discussed a 25% contribution up to a maximum of $25,000. Obviously there is a • significant funding gap, which needs to be discussed. No action was taken on the matter stating this could be a topic for discussion at the 6:00 p.m. March 29 b meeting. 5 of 52 STREET DEPARTMENT Reviewed the Street Department Written Report. Discussed the City completing a few more of the energy saving items identified in the Fire Hall energy audit. Requested that Tim Guimont schedule some time to complete additional items or if beyond City crew capabilities to pursue quotes for outside vendor to compute cost effective energy saving items. Timberland Community Service Project: Discussed the proposed installation of park benches and patio located on the south side of 57a' Street between Lachman Avenue and Lambert requesting that we make sure we don't encroach on the wetland and to change the species of trees from crab apple to some non -fruit bearing tree to avoid the mess. PLANNING: D. MICHAEL B'S BAR AND GRILL SITE PLAN City Planner Al Brixius reviewed the projects, outlining to the council the proposed Findings of Fact. After the presentation the council recommended adding two items. 21. No outdoor storage of patio furniture shall be permitted during the winter months:(November through March) 22. The outdoor Audio system shall be operated at a sound level that will not disturb neighboring properties and to turned off at 10:00 p.m. during weekdays and 11:00 p.m. on weekends, of hours set annually by the City MOTION BY Councilmember Rich, seconded b Councilmember Klecker to approve the site Y pp plan for D. Michael B's Bar and Restaurant based on the amended Findings of Fact and Decision Document dated March 15, 2004 as on file in the office of the City Clerk. Motion carried unanimously. INDUSTRIAL PARK SIGNS MOTION BY Councilmember Rich, seconded by Councilmember Fay to amend Section 10 Subd. 3c of the sign ordinance as presented to the City Council on March 15 by City Planner Brixius as follows: • Ground Sign Not more than one (1) ground sign or monument sign shall be permitted on an industrial lot. The total area of the ground or monument sign shall not exceed 100 square feet. (1) Signs constructed of metal and illuminated by any means requiring internal wiring or electrically wired accessory fixtures attached to a metal sign shall maintain a free clearance to grade of nine (9) feet to ground. In the event that a metal sign structure or accessory fixture herein described is grounded by the use of a grounding conductor run with the circuit conductors, and said structures or fixture is also grounded by being bonded to a grounding electrode • at the sign site, no clearance to grade shall be mandatory: 6 of 52 (2) Signage shall only be permitted within the front yard. Where a building is located on a corner lot, the front yard shall be defined as that boundary abutting a p right-of-way public rit-of-having the least width. Y g (3) Sign area for ground signs applies to only one (1) face of a two-faced ground or monument sign, or two (2) faces of a four -faced sign. (4) No ground sign shall be located closer to any property line than ten (10) feet. (5) No metal ground sign shall be located within eight (8) feet vertically and four (4) feet horizontally of electric wires of conductors in free air carrying more than forty-eight (48) volts, whether or not such wires or conductors are insulated or otherwise protected. (6) No signage shall be permitted to exceed 12 feet above the centerline grade of the adjoining road. • 7 No exterior illumination shall be permitted on an sign within the Industrial O P Y � District. All signage shall be internally lit with light letters on dark background. Motion carried unanimously. WETLAND/SHORELINE ORDINANCE MOTION BY Councilmember Rich, seconded by Councilmember Berning to adopt An Ordinance amending Section 200.2(181) (Definitions -Wetlands) and Article 5000 (wetland Systems District) of the Albertville Zoning Ordinance as presented to the City Council on March 15, 2004 and on file in the office of the City Clerk. " Motion carried unanimously. TEMPORARY SIGN ORDINANCE The council reviewed a proposed amending the City sign ordinance relating to banners, pennants, streamers and strings of lights in an effort to control the proliferation of signage along roads and streets. The consensus of the council was to send this to the Planning • Commission for additional review, discussion and public comment. 7 of 52 OTHER PLANNING ITEMS: 0 DIAGO PROPERTY City Planner Brixius updated the council that a developer approached staff regarding development of the land in the northeast corner of the City. Concept plans will be shared with the council in the near future to garner support for a new development with covered streets. The Council discussed opportunities to work with the City of Otsego on boarder roads and suggested staff invite representatives of the City of Otsego to meet with possible dates of April 21, 22 or 23`d. MALL OUTBUILDINGS City Planner Brixius notes a couple of non -compliant small storage buildings at the mall stating he is working with the mall for removal or to have the City consider an amendment to the PUD. H.J. DEVELOPMENT CSAH 19/I94 SIGN REQUEST City Planner Brixius presented a letter from H.J. Development requesting a directional sign similar to the one the City installed on Main Avenue and County Road 37. After much discussion, the council consensus is that due to the number of businesses that would desire a similar sign, and the logistics of the City not being in the "sign business", to decline further consideration of another City directional sign. ENGINEERING: 57th STREET TRAIL EASEMENTS • City Engineer Carlson informed the council that upon initial contact with two property owners along the 57th Street trail project, the owners proposed selling a trail easement for $50,000 to $60,000 per acre. It was the consensus of the Council to have City Administrator Larry Kruse meet with respective land owner to negotiate the purchase of trail easements and bring back for council consideration. BARTHEL INDUSTRIAL PARK ROAD Discussed the Barthel Industrial Improvement Project with City Administrator Kruse suggesting that if the Council is interested in proceeding that it be put on the Council agenda for next month to schedule a public improvement hearing. City Engineer Carlson stated he had received a letter from Scherer Brothers Lumber and they stated they prefer to eliminate the north cul-de-sac. The council concurred and requested it be put on the April agenda. LEGAL: LEVEL THREE SEX OFFENDER City Attorney Couri reviewed a draft resolution encouraging the legislature to pass additional controls for level three sex offenders. MOTION BY Councilmember Klecker, seconded by Rich to adopt a Resolution entitled . Support for changes to the Minnesota's Sex Offenders Laws 8 of 52 • WHEREAS, Minnesota's laws relating to the sentencing of convicted sex offenders and the release and supervision of sex offenders who have completed their prison sentences are in need of reform; and WHEREAS, under current law, convicted sex offenders who have completed their prison sentences are not necessarily restricted in where they may reside in relation to vulnerable institutions such as schools, churches, public parks and day care facilities; and WHEREAS, municipalities have no authority to prevent convicted sex offenders from residing in close proximity to such vulnerable institutions; and NOW, THEREFORE, the City of Albertville hereby encourages the Minnesota Legislature to amend the existing laws relating to sex offenders to: 1. Prohibit convicted sex offenders who are required to register under the Minnesota predatory offender registration law from living within 1,000 feet of a school, public park, church, or licensed day care facility. 2. Provide notice to the affected municipality and the residents of affected neighborhoods prior to the time a level three convicted sex offender moves to a new location. 3. Provide 30 days notice to the affected municipality prior to the time any convicted sex • offender who is required to register under the predatory offender registration law resides within the municipality. Motion carried unanimously. ADMINISTRATION: Reviewed City Administrator's written report. Wright County Administrator's Policy Statements City Administrator Kruse shared that the City Administrator's of Wright County have been meeting monthly and in an effort to build a more positive working relationship with the County Board and staff have compiled some common policy statements on city positions including but not limited to Transportation, Bonding and Finance, Annexation and Land Use Planning, Services and Economic Development. The council in general was supportive of promoting a better working relationship with the County, however did not want the focus to just be "annexation". The council will study the document and consider adoption at the next meeting. 9 of 52 COUNCIL COMMENTS: • • Confirmed the Albertville, St. Michael and School meeting scheduled for 6:00 p.m. March 29 h at the school. • Confirmed a meeting on the I-94 interchange for 6:00 p.m. Tuesday, March 16, 2004 to meet with the City's consulting engineer on a permitting strategy for CSAH 19 ramps, schedule review, budget review and other discussion. • Confirmed the rescheduling of Sexual Harassment Training from March 24 to some time in June. • Rescheduled the Albertville and St. Michael committee meeting to discuss hiring a shared full time fire chief from April 1 to April 8u' at 5:30 at the Albertville Fire Hall. ADJOURNMENT: MOTION BY Councilmember Berning, seconded by Councilmember Fay to adjourn the regular Council meeting at 10:00 p.m. Motion carried unanimously. Don Peterson, Mayor Larry Kruse, City Administrator 10 of 52 City of Albertville Transportation Meeting Minutes March 16, 2004 Albertville City Hall 7:00 PM PRESENT: Mayor Don Peterson, Councilmembers LeRoy Berning, Tom Fay, Dorothy Rich and Ron Klecker, City Engineer Pete Carlson and City Administrator Larry Kruse. S.E.H. Transportation Engineers Jaimie Sloboden and Pete Carlson Mayor Peterson called the City Council workshop to review the status of the I-94 Access Project to order at 6:00 p.m. City Engineer Pete Carlson reviewed the history of the I-94 Access Project stating the project originally started due to the high level of traffic and the purpose was to study options to relieve traffic congestion. Out of this study evolved the N.E. Wright County Transportation Study, which has now led us to where we are today considering additional ramps on CSAH 19 and I-94. Jamie Sloboden reviewed the joint effort working with St. Michael stating that there is a cost - savings for both cities, as Albertville would have to complete growth projections for St. Michael and model traffic on Naber regardless of St. Michael's involvement, thus it makes sense for the two communities to work together. Further, it makes Albertville's position stronger to maintain CSAH 37 ramps if multiple communities are supporting them. Carlson and Sloboden reviewed the budget stating that originally $225,000 was identified with $170,000 for preliminary design, $10,000 for the access permit request and $40,000 for the EAW. Currently, the City has been billed for $55,000. Greg Mundahl, Jim Kastosic, Rob Nelson, John Vetsch, Vern Hydner, Gordy Berning and Dave Vetsch asked various questions regarding the status of the permit request and specifically asked for the Council's position on keeping CSAH 37 access open and the response was that the permitting is a process and there are no simple answers. The position of the Council is to maintain and seek approvals for two full interchanges at 19 and 37. ADJOURNMENT: MOTION BY Councilmember Fay, seconded by Councilmember Klecker to adjourn the regular Council meeting at 8:00 p.m. Motion carried unanimously: Don Peterson, Mayor • Larry Kruse, City Administrator 11 of 52 St. Michael -Albertville School District 885 • School Board Minutes March 29, 2004 Joint Meeting School Board, Cities of St. Michael & Albertville The St. Michael -Albertville School Board, City of Albertville and City of St. Michael conducted a joint powers meeting 6:00 p.m. on Monday, March 29, 2004, in the high school boardroom. St. Michael -Albertville School District representatives present: School Board Members Helgeson, Weber, Van Drasek, Steffens, and Holland arrived at 6:45 p.m. Superintendent Ziegler and Recording Secretary Lekatz. City of Albertville representatives present: Mayor Peterson; Council Members Berning, Klecker, Fay, Rich; and City Administrator Kruse. City of St. Michael representatives present: Mayor Kessler; Council Members Scherber, Hagerty T., Hagerty J, Weston; and City Administrator Derus. STMA ICE ARENA DRESSING ROOMS: Representatives from STMA Youth Hockey President Lynn Jurrens, Vice President Doug Foster, and Kent Schultz provided plans for new dressing rooms for the STMA Ice Arena. The present • dressing rooms were always meant to be temporary and are not large enough for the growing program, nor are there enough of them. After an hour of discussion it was decided that the Youth Board should return to the joint powers board with more options for configuring the building with future expansion in mind and firm dollar amounts. The City of Albertville will research the land purchase availability which will be needed for the expansion. They will also look into mitigation of the wetland area near the site. STATUS OF YMCA: City Administrator for St. Michael reported that the market study for a site for a new YMCA is ongoing considering a Rogers, St. Michael or Albertville location. A public meeting is planned to provide information and obtain input from the communities. The date and place have not been set. ICE RINK AT BIG WOODS ELEMENTARY: The City of St. Michael presented plans for a skating rink and two hockey rinks on Big Woods Elementary School grounds. The proposal would replace a planned soccer field. Superintendent Ziegler thanked the city for their interest and ideas but explained that the soccer field configuration has been decided upon and the school district doesn't feel they can go back on their commitment to the many people who were involved in this decision. The City of St. Michael will seek another location for the ice rinks. • GROWTH UPDATES: 12 of 52 • Discussion regarding growth in the area. St. Michael expects approximately 200 housing units and Albertville expects a range of about 150 units. City of Albertville is planning a new public works building and possibly a new city hall. The pedestrian walking / biking path on 5e Street was due to be finished by the fall of 2004 but easements have held up continuing with the project. Road construction at the intersection of County Road 19, Highway 241 and County Road 35 is planned, however, the historical significance of the Catholic rectory building, which is located on the corner of Co. 19 and Co. 35, is being investigated. This could impair plans for a right turn lane south from Co. 19 to Co. 35. FYCC: A discussion was held regarding funding and donations for FYCC. City of Albertville asked if a fiscal report is available. Superintendent Ziegler explained that FYCC is audited by the State and a report is available. Dr. Ziegler will ask Ms. Greninger to provide a report for the board. Federal and State funding for the FYCC programs has been reduced, therefore, FYCC has had to solicit donations to continue running their programs. Donations from the cities are used to finance summer programs through FYCC. FUTURE MEETING DATE: A joint meeting has been set for July 12, 2004. Gayle Weber, clerk 13 of 52 CITY OF ALBERTVILLE 04/01/04 to10 *Check Detail Register© April 2004 Check Amt Invoice Comment 10100 Premier Bank Paid Chk# 019555 4/5/2004 ACTION RADIO & COMMUNICATIONS E 101-41100-200 Office Supplies (GENERAL) $45.33 27505 shop supplies Total ACTION RADIO & COMMUNICATIONS $45.33 Paid Chk# 019556 4/5/2004 AFLAC G 101-21710 Other Deducations $16.16 840586 AFLAC Insurance Prem Total AFLAC $16.16 Paid Chk# 019557 4/5/2004 B & D PLUMBING E 101-42000-405 Repair/Maint - Buildings $50.00 9307 diagnostic - RPZ leak Total B & D PLUMBING $50.00 Paid Chk# 019558 4/5/2004 BOWMAN SHEET METAL, HTG. &AC E 601-49450-405 Repair/Maint - Buildings $544.65 28229 Repair building -maintenance Total BOWMAN SHEET METAL, HTG. & AC $544.65 Paid Chk# 019559 4/5/2004 CANVAS PLUS, INC. E 101-42000-310 Other Professional Services $130.00 30786 Stitched 25 jackets Total CANVAS PLUS, INC. $130.00 Paid Chk# 019560 4/5/2004 CENTER POINT ENERGY E 601-49450-383 Gas Utilities $482.38 04222004 Gas Utilities -Sewage Plant Total CENTER POINT ENERGY $482.38 Paid Chk# 019561 4/5/2004 COURT & MACARTHUR S E 473-49000-304 Legal Fees $720.00 03312004 Prairie Run E 421-49000-304 Legal Fees $30.00 03312004 52nd Street Improvements E 445-49000-304 Legal Fees $30.00 03312004 HJ Dev-Albertville Crossings E 450-49000-304 Legal Fees $30.00 03312004 A V 6th E 452-49000-304 Legal Fees $30.00 03312004 Outlet Mall Exp E 471-49000-304 Legal Fees $150.00 03312004 Albertville Dental E 101-41600-304 Legal Fees $240.00 03312004 Wright -Hennepin Elect E 475-49000-304 Legal Fees $30.00 03312004 TL Commercial -Country inn E 476-49000-304 Legal Fees $30.00 03312004 50th Street Trail E 456-49000-304 Legal Fees $930.00 03312004 T L 4th E 101-41600-304 Legal Fees $1,830.00 03312004 General E 101-41600-304 Legal Fees $30.00 03312004 Diagle Property Total COURT & MACARTHUR $4,080.00 Paid Chk# 019562 4/5/2004 CRYSTEEL TRUCK EQUIPMENT E 101-43100-404 Repair/Maint - Machinery/Equip $59.92 FP113363 plow side Iighttcontrol hames Total CRYSTEEL TRUCK EQUIPMENT $59.92 Paid Chk# 019563 4/5/2004 DAVIS, JEFF E 101-42000-560 Furniture and Fixtures $794.72 2381 Fire Dept - Shelving units Total DAVIS, JEFF $794.72 Paid Chk# 019564 4/5/2004 DELTA DENTAL E 101-41300-131 Employer Paid Health $19.65 3528294 Dental Ins - Lgoeb Admin E 101-45100-130 Employer Paid Ins (GENERAL) $57.75 3528294 Dental Ins - Tguimont-Parks/Pa E 101-41300-131 Employer Paid Health $19.65 3528294 Dental Ins - Lkruse-Admin E 101-43100-130 Employer Paid Ins (GENERAL) $28.88 3528294 Dental Ins - Mjenkins-PW/PW E 101-41300-131 Employer Paid Health $47.50 3528294 Dental Ins - Lgoeb-Retro-Admin E 101-41400-131 Employer Paid Health $57.75 3528294 Dental Ins - Bmiiler-Office E 101-42400-130 Employer Paid Ins (GENERAL) $57.75 3528294 Dental Ins - Jsunthedand-Bldg E 101-43100-130 Employer Paid Ins (GENERAL) $57.75 3528294 Dental Ins - Klindsay-PW/PW E 101-42400-130 Employer Paid Ins (GENERAL) $57.75 3528294 Dental Ins - Mhaus-Bldg Inspec 14 CITY OF ALBERTVILLE 04/01/0410:31 AM Page 2 *Check Detail Register© April 2004 Check Amt Invoice Comment E 101-41400-131 Employer Paid Health $57.75 3528294 Dental Ins - Thedquist-Office E 601.49450-130 Employer Paid Ins (GENERAL) $57.75 3528294 Dental Ins - Jmiddendorf-WWTF E 101-41300-131 Employer Paid Health ($227.75) 3528294 Dental Ins - credit for Lgoeb- E 602-49400-130 Employer Paid Ins (GENERAL) $57.75 3528294 Dental ins - Svold-Water E 101-45100-130 Employer Paid Ins (GENERAL) $58.87 3528294 Dental Ins - Mjenkins-Parks/Pa Total DELTA DENTAL $408.80 Paid Chk# 019565 4/5/2004 DENNY'S SMALL ENGINEICHAIN SAW E 101-45100-404 Repair/Maint - Machinery/Equip $15.00 01122004 repair - 3 chains Total DENNY'S SMALL ENGINEICHAIN SAW $15.00 Paid Chk# 019566 4/5/2004 ELAN FINANCIAL SERVICES E 101-41400-200 Office Supplies (GENERAL) $96.38 8627-032004 Office Supplies-Buget Portfoli Total ELAN FINANCIAL SERVICES $96.38 Paid Chk# 019567 4/5/2004 ELITE SANITATION E101-45100-415 Other Equipment Rentals $51.78 13425 Rental -Portable Bathrooms Total ELITE SANITATION $51.78 Paid Chk# 019568 4/5/2004 FIREHOUSE MAGAZINE E 101-42000-433 Dues and Subscriptions $52.00 802-3CKP Fire Dept - Two (2) year Subsc Total FIREHOUSE MAGAZINE $52.00 Paid Chk# 019569 4/5/2004 FRONTLINE PLUS FIRE & RESCUE E 101-42000-584 C/O - Turnout Gear $105.00 8994 Fire Dept - Bunkerboots Total FRONTLINE PLUS FIRE & RESCUE $105.00 Paid Chk# 019570 4/5/2004 GOPHER STATE ONE -CALL E 602-49400-209 Locates $58.65 11-CALBTV1 Locates - Water Dept E 601-49450-209 Locates $58.65 11-CALBTV1 Locates - Sewer Dept Total GOPHER STATE ONE -CALL $117.30 Paid Chk# 019571 4/5/2004 GRANITE ELECTRONICS E 601-49450-404 Repair/Maint - Machinery/Equip $90.53 420352 Repair- supply battery Total GRANITE ELECTRONICS $90.53 Paid Chk# 019572 4/5/2004 HAUS, MARIA E 101-42400-331 Travel Expenses $19.20 03312004 Travel Expense E 101-42400-208 Training and Instruction $160.00 03312004 Permit Tech Exam Total HAUS,'MARIA $179.20 Paid Chk# 019573 4/5/2004 HAWKINS CHEMICAL, INC. E 601-49450-217 Chemicals - Ferric Chloride $3,395.36 597384 Ferric Chloride Total HAWKINS CHEMICAL, INC. $3,395.36 Paid Chk# 019574 4/5/2004 HEDQUIST, TERRI E 101-41400-331 Travel Expenses $75.52 0318-192004 Travel Reimbursement Total HEDQUIST, TERRI $75.52 Paid Chk# 019575 4/5/2004 HIGHLAND BANK E 101-41400-413 Office Equipment Rental $130.00 30516-2004 Rental - Safety Deposit Box Total ' HIGHLAND BANK $130.00 Paid Chk# 019576 4/5/2004 1-94 WEST CHAMBER OF COMMERCE E 101-41300-208 Training and Instruction $10.00 03162004 State of Wright County Lunch Total 1-94 WEST CHAMBER OF COMMERCE $10.00 Paid Chk# 019577 4/5/2004 LAKESIDE EQUIPMENT CORPORATION • E 601-49450-404 Repair/Maint - Machinery/Equip $570.00 03182004 v-Belts - repair 15 CITY OF ALBERTVILLE *Check Detail Register© April 2004 04/01/041010 Check Amt Invoice Comment Total LAKESIDE EQUIPMENT CORPORATION $570.00 Paid Chk# 019578 4/5/2004 LARSON PUBLICATIONS E 101-41100-351 Legal Notices Publishing $98.00 01519455-458Ordinances 2004-01-03 +Park G Total LARSON PUBLICATIONS $98.00 Paid Chk# 019579 4/5/2004 LEAGUE OF MINNESOTA CITIES E 101-41400-433 Dues and Subscriptions $41.01 2004 Directory2004 City Officials Directory E 101-41300-433 Dues and Subscriptions $41.00 2004 Directory2004 City Officials Directory Total LEAGUE OF MINNESOTA CITIES $82.01 Paid Chk# 019580 4/5/2004 MCFOA E 101-41300-433 Dues and Subscriptions $35.00 2004Dues City Administrator - Dues E 101-41400-433 Dues and Subscriptions $35.00 2004Dues LIB Clerk - Dues E 101-41400-433 Dues and Subscriptions $35.00 2004Dues City Clerk - Dues Total MCFOA $105.00 Paid Chk# 019581 4/5/2004 MED COMPASS " E 101-42000-305 Medical -Physicals $1,578.00 6644 SCBA Medical Exam Total MED COMPASS $1,578.00 Paid Chk# 019582 4/5/2004 MEDICA E 101-42400-130 Employer Paid Ins (GENERAL) $1,033.12 010404-04300Medical Ins-Mhaus-Bldg lnspec E 101-42400-130 Employer Paid Ins (GENERAL) $1,401.87 010404-04300Medical Ins-Jsuthedand-Bldg I E 101-41400-131 Employer Paid Health $1,308.88 010404-04300Medical Ins-Thedquist-Office S E 101-43100-130 Employer Paid Ins (GENERAL) $968.98 010404-04300Medical Ins - Klindsay-PW/PW E 101-41300-131 Employer Paid Health $632.29 010404-04300Medical lns,Lgoeb-Administrato E 101-43100-130 Employer Paid Ins (GENERAL) $538.71 010404-04300Medical Ins - Mjenkins-PW/PW E 101-45100-130 Employer Paid Ins (GENERAL) $538.71 010404-04300Medical Ins - Mjenkins-Parks/P E 601-49450-130 Employer Paid Ins (GENERAL) $1,084.42 010404-04300Medical Ins-Jmiddendorf-WWTF E 101-41400-131 Employer Paid Health $1,097.24 010404-04300Medical Ins-Bmiller-Office Sta E 602-49400-130 Employer Paid Ins (GENERAL) $1,257.58 040104-04300Medical Ins - Svold-Water E 101-45100-130 Employer Paid Ins (GENERAL) $1,308.88 040104-04300Medical Ins - Tguimont-Parks/P E 101-41300-131 Employer Paid Health $63.00 104001-A Medical Ins -Administrator Total MEDICA $11,233.68 Paid Chk# 019583 4/5/2004 MEINY'S DIGGERS E 602-49400-407 R/M - Water Mains $1,227.50 3569 water leak - repair E 602-49400-407 R/M - Water Mains $2,131.50 3570 water leak - repair E 602-49400-407 R/M - Water Mains $1,053.00 3571 water leak - repair Total MEINY'S DIGGERS $4,412.00 Paid Chk# 019584 4/5/2004 METRO FIRE E 101-42000-584 C/O - Turnout Gear $572.24 16748 fiberglass helmets Total METRO FIRE $572.24 Paid Chk# 019585 4/5/2004 MIDWEST ANALYTICAL SERVICES E 601-49450-218 Testing Expenses $116.00 319043 Testing Expense (CBOD-5) E 601-49450-218 Testing Expenses $116.00 319101 Testing Expense (CBOD-5) Total MIDWEST ANALYTICAL SERVICES $232.00 Paid Chk# 019586 4/5/2004 MILLER, BRIDGET E 101-41400-331 Travel Expenses $86.40 0316-192004 Travel Reimbursement Total MILLER, BRIDGET $86.40 Paid Chk# 019587 4/5/2004 MINNESOTA PCA E 601-49450-433 Dues and Subscriptions $1,450.00 4400023630 2004 Annual Permit Fee Total MINNESOTA PCA $1,450.00 • 16 • CITY OF ALBERWILLE 04/01/04 10:31 AM Page 4 *Check Detail Register© April 2004 Check Amt Invoice ' Comment Paid Chk# 019588 4/5/2004 MINNESOTA COMMERCE DEPT. E 101-41400-433 Dues and Subscriptions $40.00 03312004-TH T.Hedquist-Notary Application Total MINNESOTA COMMERCE DEPT. $40.00 Paid Chk# 019589 4/5/2004 MINNESOTA COPY SYSTEMS E 101-41400-200 Office Supplies (GENERAL) $259.10 125191 Staples for Toshiba Copier E 101-41400-413 Office Equipment Rental $38.80 125309 Copier Maintenance Agreement Total MINNESOTA COPY SYSTEMS $297.90 Paid Chk# 019590 4/5/2004 MINNESOTA RURAL WATER ASSOCIAT E 602-49400-208 Training and Instruction $125.00 0302-042004 Annual WWTP Conference Total MINNESOTA RURAL WATER ASSOCIAT $125.00 Paid Chk# 019591 4/5/2004 MONTICELLO, CITY OF E 101-42700-309 Animal Control Contract $232.00 7555 Animal Control Service Total MONTICELLO, CITY OF $232.00 Paid Chk# 019592 4/5/2004 NEXTEL COMMUNICATIONS E 101=42400-321 Telephone $50.75 718183318-02Two-way Cell - Jsutherland-Bid E 602-49400-323 Nextel Radio Units $48.97 718183318-02Two-way Cell - Svold-Water Dep E 101-43100-323 Nextel Radio Units $49.31 718183318-02Two-way Cell- Klindsay-PW Dep E 101-41400-323 Nextel Radio Units $48.97 718183318-02Two-way Cell-SEH-Eng inspec E 101-41400-323 Nextel Radio Units $48.97 718183318-02Two-way Cell-Spare-Office,Staf E 101-41300-321 Telephone $57.47 718183318-02Two-way Ceil-Lkruse E 101-41400-323 Nextel Radio Units $48.97 718183318-02Two-way Cell-Thedquist-Office E 101-43100-323 Nextel Radio Units $24.48 718183318-02Two-way Cell - Mjenkins-PW Dep E 601-49450-323 Nextel Radio Units $50.26 718183318-02Two-way Cell - Jmiddendorf-Sew E 101-45100-323 Nextel Radio Units $48.97 718183318-02Two-way Cell - Tguimont-Parks E"101-42400-321 Telephone $48.97 718183318-02Two-way Cell - Mhaus-Bldg Dept E 101-41400-323 Nextei Radio Units $47.52 718183318-02Two-way Cell-Bmiller-Office St E 101-45100-323 Nextel Radio Units $24.49 718183318-02Two-way Cell - Mjenkins-Parks Total NEXTEL COMMUNICATIONS $598.10 Paid Chk# 019593 4/5/2004 NORTHERN TOOL & EQUIPMENT E 101-45100-404 Repair/Maint - Machinery/Equip $100.44 09595673 parks maintenance E 101-43100-404 Repair/Maint - Machinery/Equip $141.62 09653712 maintenance parts -machinery E 601-49450-587 C/O - Tools $31.93 09667241 tools - WWTP E 101-43100-404 Repair/Maint - Machinery/Equip $14.88 09695321 maintenance parts E 101-43100-404 Repair/Maint - Machinery/Equip $42.60 09695326 Maintenance part E 101-43100-215 Shop Supplies ($43.71) CRO9653712 CREDIT MEMO Total NORTHERN TOOL & EQUIPMENT $287.76 Paid Chk# 019594 4/5/2004 NORTHWEST FAMILY PHYSICIANS E 101-42000-305 Medical - Physicals $13,560.00 02092004 Hepatitis B - on -site exams Total NORTHWEST FAMILY PHYSICIANS $13,560.00 Paid Chk# 019595 4/5/2004 OFFICE MAX E 101-41400-200 Office Supplies (GENERAL) $202.89 04092004 General Office Supplies E 101-42400-200 Office Supplies (GENERAL) $101.50 04092004 BD Office Supplies Total OFFICE MAX $304.39 Paid Chk# 019596 4/5/2004 PINNACLE PRINTING, INC. E 101-41400-200 Office Supplies (GENERAL) $452.63 2876 Printing Checks E 101-41100-300 Professional Srvs (GENERAL) $599.06 2884 Newsletter -paper Total PINNACLE PRINTING, INC. $1,051.69 Paid Chk# 019597 4/5/2004 PITNEY BOWES . E 101-41400-413 Office Equipment Rental $102.00 0787150MR04Postage Machine Rental 17 CITY OF ALBERTVILLE 04/01/04 10 *Check Detail Register© April 2004 Check Amt Invoice Comment Total PITNEYBOWES $102.00 Paid Chk# 019598 4/5/2004 POSTMASTER E 601-49450-322 Postage $202.14 03022004 Postage - Utility Bills E 602-49400-322 Postage $202.14 03022004 Postage - Utility Bills Total POSTMASTER $404.28 Paid Chk# 019599 4/5/2004 PRECISION AUTO REPAIR 1 E 101-45100-404 Repair/Maint - Machinery/Equip $894.01 322 repair/maintenance machinery Total PRECISION AUTO REPAIR $894.01 Paid Chk# 019600 4/5/2004 PURCHASE POWER E 101-41400-413 Office Equipment Rental $559.37 033004 Postage Machine -refill Total PURCHASE POWER $559.37 Paid Chk# 019601 4/5/2004 REED CONSTRUCTION DATA E 466-49000-300 Professional Srvs (GENERAL) $164.26 2537583 PW Bid Proposals Total REED CONSTRUCTION DATA $164.26 Paid Chk# 019602 4/5/2004 RODEN, KEVIN E 101-42000-107 Fire Training $91.45 2384-0330200Live House Burn -expense Total RODEN, KEVIN $91.45 Paid Chk# 019603 4/5/2004 S.E.H. E 475-49000-303 Engineering Fees $202.68 0111912 TL Commercial E 469-49000-303 Engineering Fees $550.59 0111913 Wright County Transportation E 101-42400-300 Professional Srvs (GENERAL) $1,350.00 0111914 Lot Surveys E 445-49000-303 Engineering Fees $816.17 0111915 2000 Albertville Crossings E 466-49000-303 Engineering Fees $9,392.24 0111916 Eng. & RPR Bid/Const E 421-49000-303 Engineering Fees $470.56 0111918 Barthel Industrial Drive E 443-49000-303 Engineering Fees $145.98 0111919 Karston Cove 3rd Add E 476-49000-303 Engineering Fees $4,591.49 0111920 School Pedestrian - Bike Trail E 470-49000-303 Engineering Fees $165.05 0111921 2004 CSAH 37 E 445-49000-303 Engineering Fees $56.28 0111935 Albertville Crossings E 46049000-303 Engineering Fees $10,391.50 0112156 Phase 2 WWTP Exp E 466-49000-303 Engineering Fees $28,205.35 0112536 PW Facility Design/Constr E 468-49000-303 Engineering Fees $5,535.73 0112590 CSAH 19 Ramps Total S.E.H. $61,873.62 Paid Chk# 019604 4/5/2004 SCHERER BROTHERS LUMBER CO E 101-45100-404 Repair/Maint - Machinery/Equip $4.69 367109 Misc. Supplies Total SCHERER BROTHERS LUMBER CO $4.69 Paid Chk# 019605 4/5/2004 SENTRY SYSTEMS, INC. E 101-45100-405 Repair/Maint - Buildings $84.09 370586 Security - Park Shelter E 101-42000-405 Repair/Maint - Buildings $55.65 371219 Security - Fire Hall Total SENTRY SYSTEMS, INC. $139.74 Paid Chk# 019606 4/5/2004 SPRINT- MO E 101-43100-321 Telephone $65.03 03212004 Phone - PW Garage main E 101-42400-321 Telephone $207.06 03212004 Phone - Bldg Dept E 101-43100-321 Telephone $62.05 03212004 Phone- Sewer/Water fax E 101-45100-321 Telephone $52.09 03212004 Phone -Parks Dept E 101-41940-321 Telephone $475.04 03212004 Phone - Office Supplies E 601-49450-321 Telephone $27.52 03212004 Phone - Sewer Plant E 101-41940-321 Telephone $225.04 03212004 Phone - CH Internet Sery E 101-42400-321 Telephone $185.01 03212004 Phone - Bldg Dept E 101-42400-321 Telephone $125.07 03212004 Phone- Bldg Dept E 101-42400-321 Telephone $120.12 03212004 Phone - Bldg Dept 18 • CITY OF ALBERTVILLE 04/01/04 10:31 AM Page 6 *Check Detail Register© April 2004 Check Amt Invoice Comment E 101-41940-321 Telephone $110.25 03212004 Phone - CH 3rd line E 101-41940-321 Telephone $100.25 03212004 Phone - CH 2nd line E 101-41940-321 Telephone $82.05 03212004 Phone- E-mail line E 101-41940-321 Telephone $60.25 03212004 Phone = CH private line E 101-42000-321 Telephone $75.08 03212004 Phone - Fire Dept fax E 101-42000-321 Telephone $75.05 03212004 Phone - Fire Dept line E 101-41940-321 Telephone $65.02 03212004 Phone - CH Fax line E 101-41940-321 Telephone ' $110.25 03212004 Phone - CH 4th line E 101-41940-321 Telephone $401.25 03212004 Phone - CH main line Total SPRINT- MO $2,623.48 Paid Chk# 0196074/5/2004 ST. JOSEPH EQUIPMENT, INC. E 101-43100-404 Repair/Maint-Machinery/Equip $1,254.61 VF10354 Repair -machinery Total ST. JOSEPH EQUIPMENT, INC. $1,254.61 Paid Chk# 019608 4/5/2004 SUTHERLAND, JON E 101-42400-433 DuesandSubscriptions $20.00 03162004 Certification Renewal Total SUTHERLAND, JON $20.00 Paid Chk# 019609 4/5/2004 TOSHIBA AMERICA INFO SYS INC E 101-41400-413 Office Equipment Rental $521.32 38624823 Copier Lease Payment Total TOSH113A AMERICA INFO SYS INC $521.32 • Paid Chk# 019610 4/5/2004 UNIQUE PAVING MATERIALS CORP E 602-49400-407 R/M - Water Mains $72.31 146664 Repair water leak E 602-49400-407 R/M - Water Mains $141.65 146665 repair water teak E 602-49400-407 R/M - Water Mains $155.81 147085 repair water leak Total UNIQUE PAVING MATERIALS CORP $369.77 Paid Chk# 019611 4/5/2004 UNIVERSITY OF MINNESOTA E 101-41400-208 Training and Instruction $410.00 MMC12004-02 MMCI Year 2 - LIB Clerk Total UNIVERSITY OF MINNESOTA $410.00 Paid Chk# 019612 4/5/2004 USA BLUE BOOK E 601-49450-580 Other Equipment $599.52 786475 WWTP tools -equip Total USA BLUE BOOK $599.52 Paid Chk# 019613 4/5/2004 VERIZON E 101-42000-321 Telephone $15.17 3529829917 Cell -Fire Dept Total VERIZON $15.17 Paid Chk# 019614 4/5/2004 - WILLIAM E. YOUNG CO., INC. E 601-49450-404 Repair/Maint - Machinery/Equip $150.00 11690 calibration -repair Total WILLIAM E. YOUNG CO., INC. $150.00 Paid Chk# 019615 4/5/2004 WRIGHT COUNTY HIGHWAY DEPT. E 101-43100-221 Ice Removal $759.33 4129 salt Total WRIGHT COUNTY HIGHWAY DEPT. $759.33 Paid Chk# 019616 4/5/2004 WRIGHT CTY SHERIFFS PATROL E 101-42110-307 Police Contract Fees $22,204.00 Patrol-04-4 Police Protection Sery Total WRIGHT CTY SHERIFFS PATROL $22,204.00 Paid Chk# 019617 4/5/2004 WRIGHT-HENNEPIN COOPERATIVE E 101-45100-381 Electric Utilities $132.00 Electric - Towne Lakes Park E 101-43160-381 Electric Utilities $51.12 Street Lighting - 58-59-60 St. E 601-49450-381 Electric Utilities $66.27 Electric -Towne Lakes -Lift Stat Total WRIGHT-HENNEPIN COOPERATIVE $249,39 19 CITY OF ALBERTVILLE 04/01/0410 *Check Detail Register© April 2004 Check Amt Invoice Comment Paid Chk# 019618 4/5/2004 XCEL ENERGY E 101-43160-381 Electric Utilities $4,223.57 04052004 Electric-Coborn's Traffic Ligh E 101-43160-381 Electric Utilities $17.82 04052004 Electric-CR 37 Traffic Light E 101-43160-381 Electric Utilities $23.08 04052004 Electric CR 19 & 37 Traffic E 101-42000-381 Electric Utilities $375.24 04052004 Electric -Fire Dept E 101-41940-381 Electric Utilities $215.68 04052004 Electric -City Hall E 601-49450-381 Electric Utilities $50.46 04052004 Electric-52nd St -Lift Station E 601-49450-381 Electric Utilities $205.58 04052004 Electric-60th St -Lift Station E 601-49450-381 Electric Utilities $1,921.86 04052004 Electric -Sewage Plant -Mac' E 101-43100-381 Electric Utilities $132.53 04052004 Electric-PW Garage E 101-45100-381 Electric Utilities $94.20 04052004 Electric-58th -Skating/Rink E 101-45100-381 Electric Utilities $7.38 04052004 Electric-58th St-P.Shelter Total XCEL ENERGY $7,267.40 10100 Premier Bank $148,523.61 Fund Summary 10100 Premier Bank 101 GENERAL FUND $68,052.59 421 B.I.D./52ND ST $500.56 443 KARSTON COVE " $145.98 445 ALBERTVILLE CROSSINGS $902.45 450 ALBERT VILLAS $30.00 452 TRAFFIC LIGHT $30.00 456 TOWNE LAKES $930.00 • 460 2000 WWTF EXPANSION $10,391.50 466 PUBLIC WORKS FACILITY $37,761.85 468 CSAH 19 RAMPS $5,535.73 469 WRIGHT CTY TRANSPORTATION $550.59 470 CSAH 37 $165.05 - 471 ALBERTVILLE DENTAL $150.00 473 PRAIRIE RUN $720.00 475 TOWNE LAKES COMMERCIAL $232.68 476 SCHOOL PEDESTRIAN - BIKE TRAIL $4,621.49 601 SEWER FUND $11,271.28 602 WATER FUND $6,531.86 $148,523.61 • 20 1 EH _MEMORANDUM TO: Larry Kruse Albertville City Administrator FROM James A. Schulz, PE Project Engineer DATE: March 9, 2004 RE: 2002 Frontage Avenue Improvements Albertville, Minnesota SEH No. A-ALBEV 0208 14 Enclosed please find Application for Payment No. 6 for this project in the amount of $11,957.80. We reviewed this application and it appears to be in order. When payment is made, sign all copies and distribute as follows: • Rolstad Construction, Inc. SEH City of Albertville If you have any questions, please feel free to call us. djg Enclosures c: Pete Carlson, SEH u:\a\a1bev\020800\specs\ap1-omemo.doc 21 • GREGERSON, ROSOW, JOHNSON & NILAN, LTD. ATTORNEYS AT LAW 1600 PARK BUILDING 650 THIRD AVENUE SOUTH MINNEAPOLIS, MINNESOTA 55402-4337 TELEPHONE: (612) 338-0755 FAX: (612) 349-6718 WWW.GRJN.COM WRITER=S DIRECT DIAL: (612) 436-7465 DAVID H. GREGERSON• EDEN PRAIRIE OFFICE: RICHARD F. ROSOW+ 250 PRAIRIE CENTER DRIVE MARK J. JOHNSON SUITE 370 JOSEPH A. NILAN• EDEN PRAIRIE, JENNIFER M EVZ MINNESOTA 55344 TELEPHONE: (952) 829- 7355 CHRISTINE A. LONGE FAX: (952) 829-07I3 AMY L. CRALAM SIIRA B. GUNDERSON - REPLY TO MINNEAPOLIS REBECCA T. LABANT ROBERTI.LANG,OFCOUNSEL ROGER A. PAULY, OF COUNSEL 'Also admitted in Wisconsin +Certified as a Real Property Specialist By the Minnesota State Bar Association April 1, 2004 Mr. Larry Kruse VIA EMAIL AND U. S. MAIL City of Albertville • P. O. Box 9 Albertville, MN 55301 Re: Rolstad Construction, Inc. Bond No.: GRMN19801A 2002 Frontage Avenue Improvements SEH No. A-ALBEV 0208.00 Dear Mr. Kruse: As you know, Granite Re, Inc., has issued contractor surety bonds with respect to the above - referenced contract and its bond principal, Rolstad Construction, Inc. Granite Re, Inc. has received notification of claims from suppliers and/or subcontractors of its bond principal. As Granite continues to investigate these matters and determine the merits of the claims, it is necessary to maintain the integrity of remaining contract funds which serve as the resource for the faithful payment of suppliers and subcontractors of the bond principal. Granite Re, Inc., by contractual agreement of indemnity and by rights of subrogation, maintains a priority interestincontract funds to the extent of damages occasioned by claim against the surety=s bonds. Therefore, we do hereby demand that contract funds for the current pay application, No. 6, in the amount of $11,957.80 be immediately released and returned to Granite Re, Inc., contract surety. Further, Granite Re, Inc., hereby demands that you maintain the freeze on any remaining contract funds as originally directed by Granite Re, Inc., in a letter to the project owner dated August 28, 2003. Any and all contract funds are to be released as earned only to Granite Re, Inc., contract surety, for exoneration and indemnification of claims and losses incurred by Granite Re, Inc. The contract funds shall not to be released to any party or claimant other than Granite Re, Inc. Any failure to observe this request will expose • the project owner to damages sustained by reason and duplication of payment and liability. 22 • Granite Re, Inc., continues to reserve all rights, claims and interest it may have in this matter, and the contents of this correspondence shall not be deemed to constitute waiver, in whole or in part, of any such rights. Very truly yours, GREGERSON, ROSOW, JOHNSON & NILAN, LTD. By Rebecca T. Labant RTL/mcg cc: Ms. Joyce Holliday Rolstad Construction, Inc.; Duane and Joyce Rolstad David H. Gregerson, Esq. • 23 VE1T l& COMPANY, INC. )00 Veit Place • Rogers, MN 55374 • Phone 763.428.2242 + Fax 763.428.8348 9 www..veitcompanies.c t ;NE ;301 S 145 D ition Removal / Demolition @ 5933 Main Ave. NE, Albertville, MN Inc. will perform the following: use Foundation Demolition LUMP SUM: $4,349.00 Mobilization (Assuming One) Supervision Demolish & Legally Dispose of the Above Noted House Foundation Only (Assuming House to oe Moved by Others) Removal of House Foundations & Slabs Detached Garage Removal Asbestos Survey / Removal Hazardous Materials / PCB's, Freon, Lead, Bulbs, Ballasts, Etc. Permits (Can be added if required) Utility Rerouting / Disconnects Well Capping & Septic Removal (If Any) Tree & Brush Removal Tanks Construction & Silt Fencing Backfill, Topsoil, & Seed / Sod ote is not accepted within 30 days of the date of this proposal, this quote is not valid without ,nsent from Veit & Company, Inc. estions, please feel free to call me at: 763-428-6743 or 612-685-5930 (Mobile) accepted and authorizes Veit & Co., Inc. to proceed with the work. Date: Title: 100% Payment Due Upon "Best Service in they Business„ ALBERTVILLE FIRE AND RESCUE FEMA GRANT REQUST Date: March 29, 2004 Re: Fire Department FEMA Grant Summary The following chart identifies items that have been submitted to FEMA in hopes to obtain a grant. On the following page is a description justifying Albertville's need for this equipment. Albertville Fire and Resue Amount Number Total SCBA - 30 Min $4,885 20 $97,700 Cylinders 30 Min $935 40 $37,400 Face Pieces $325 10 $3,250 SCBA 60 Min $4 885 2 $9,770 Cylinders 60 Min $1,400 2 $2,800 $150,920 Federal Share $135,828 Applicant Share $15,092 Total $150 920 • Albertville Fire Department (AFD) currently owns 12 SCBAs, and is currently at a staffing level of 30. Most of the SCBAs used by AFD are over 10-15 years old. In order to provide maximum safety for the firefighters all new SCBAs with built-in PASS alarms, face pieces for every member of the department, and spare bottles will need to be purchased. It is RFD's intent to purchase 20 SCBAs with built in PASS Alarms, 40 spare bottles, 30 Respirators (1 for each member) and 2 RIT air packs with spare bottles. To provide our firefighters with the ultimate protection. The quantity of SCBAs will equip our tactical attack teams (2-in/2-out) to 100% level. We believe the requested quantity of SCBAs will adequately equip our department. We have not requested one SCBAs per member as we do not believe this is needed, or fiscally responsible. In order to determine which ones are best suited for the department the Fire Chief and Officers have examined the current brands and models available for SCBAs that will meet or exceed NFPA, 1981 and 1982 requirements for SCBAs Integrated Pass Alarms, Heads Up Display and Universal Air Connections,and NFPA 1500, OSHA Regulation 1910.134 Respiratory Standards for Personal hygiene and Fit Test, and OSHA 1910.156, NIOSH, and ANSI standards. In 2003, AFD responded to over 274 Medical, Fire, and Hazardous calls, including 1 tornado that hit at midnight and fire calls for 2003 went up 25% inure response area. In 2000, we responded to an arson attempt at the Outlet Mail of Albertville, by a group that calls themselves, Earth Liberation Front (ELF). The Outlets of Albertville is the largest in the state of MN where two buildings are over 270,000 sq. feet each and phase two is another 120,000 sq. feet, a third phase with four buildings totaling 300,000 sq. feet. The city of Albertville is one of fastest growing areas west of the Minneapolis/St. Paul metropolitan area. Over the past 10 years, with the growing population of the city and surrounding cities the fire department has not been able to keep up with the needs of fire district. The city of Albertville has a population of 4,700 with an additional 1,700 to 2,000 people located in our fire district. The fire district is within 29 miles of the Minneapolis/St. Paul Metropolitan area and 32 miles from the city of St. Cloud also a large metropolitan area. The Outlet Mall of Albertville also accounts for another 4.5 million people that travel to the area to shop. The city of Albertville is also within 10 miles of the Monticello Nuclear Plant, and could require that we respond to incidents at that location and which also poses a greater risk of a Hazmat incident on Interstate 94, which is a major roadway that goes right through our fire district. The city of Albertville is a Statutory City and use local government aids to supplement the city's general levy. The change in property tax laws has affected how the city collects monies used and some existing aids have been eliminated. This puts a heavier burden on the locality to collect taxes used to support local services. The AFD is a department of the city and is funded with the General Fund. In 2004, the equipment line items were funded at a lower level to accommodate a lower levy and reduced local government aids. All departments have been required to examine expenditures closely and to allocate funds to their most effective use. The amount necessary for matching funds would come from selected city funds. The AFD has been functioning with 12 SCBAs. Many of our air packs have been rebuilt 2 or 3 times, and continue to have malfunction and failures in training and emergency situations. This Personal Protective equipment is old and outdated by 10 to 15 years. This old and outdated equipment places our firefighting personnel in danger and could adversely effect how an emergency situation is brought under control. With this grant money, the AFD will purchase 20 new SCBAs with spare bottles, and 30 face pieces, AFD has been trained in Rapid Intervention techniques, and are part of a mutual aid response team, used for that purpose. The addition of the 2 RIT Air Packs to our RIT equipment is crucial to being able to fulfill the requirements. The SCBAs AFD will purchase will meet or exceed all of NFPA, OSHA, NIOSH, and ANSI's standards. By having this equipment we will have the potential to increase the department's operational capabilities as a responder to Emergency situations not only in our community but in approximately 40 other communities with whom we do mutual aid a. 01" , 26 City of Albertville MEMORANDUM TO: Mayor and City Council FROM: Tim Guimont, Public Works Supervisor DATE: April 5, 2004 SUBJECT: Public Works/Parks Maintenance Report Public Works Streets - The streets have been swept. We plan to do crack filling the week of April 12a". Plow Truck — It is in our comp plan and/or budget to purchase a new plow truck in 2005. I would like to start working on the specs for the truck now and get the truck for the 2004-2005 plowing season. The payment or lease part could be delayed until 2005. Parks The City Council may want to establish a park board. They could help to decide what get into our parks. = A park board is needed to apply for grants. The nets have been installed at the tennis courts and the skate park is opened as well. tg/mh 27 Nbertvillci Memorandum DATE: TO: FROM: April 5, 2004 Work Public Department • b s 5964 Main Avenue NE • P.O. Box 9 • Albertville, MN 55301 Phone: 763-497-3145 * Fax: 763-497-0774 Honorable Mayor, Council Members, and City Administrator John Middendorf, Water and Wastewater Superintendent SUBJECT: WATER METER READING SYSTEMS I've been looking into a new water meter reading system. To give you some background, most communities have migrated away from using the card system that we currently use. When I started with Albertville, I talked with Linda about upgrading to a meter reading system.. At that time, we agreed to keep using the card system due to the manpower it would take for city staff to manually read water meters. Since Larry started, he asked me to investigate a plan to regularly read meters and start by reading meters at least a year. We thought now might be the right time to start an automatic meter reading system and phase it in over a few years. One reason is we're still a growing community and all new meters could be outfitted at no cost to the City. Second, we have more manpower to retrofit old meters. One thing we have done since 1993, was install Neptune water meters with the pro -read head. These meters were outfitted with a touch pad that allows the meter to be read from the outside using a' touch reader; however, you still have to walk to every residence and touch the reader. All water meters installed since 1993 can be converted very easily to an automatic reading system. A few problems with the current card reading system are: 1. Not all cards get returned — Last quarter billing, 1845 cards were sent out and only 1590 came back, leaving 255 unaccounted for. We usually have to then estimate an amount of service used. There are also some accounts that never return the cards, making it very difficult to be accurate with amount of service used. 2. Sometimes there are misreads — Homeowners read the wrong meter or can't even read the numbers on their water meter. This creates bigger problems, where the account gets messed up and the City may owe the owner money, or the owner may have a much larger bill then what they think and then they refuse to pay such a large bill. The radio reading system is by far the most popular reading system on the market today. Water meters can be read from the street or in a drive by situation. Meters can be read very quickly, even hundreds in an hour. Our goal is to implement a plan to enable the City to be capable of reading all water meters by 2012 without having owners be responsible for reading their meter, writing in the appropriate number, and returning the meter card by the due date. The first step would be to start installing radio units on all new 28 ,- construction. The second step would be to upgrade all troubled accounts (ones that are not reading the number properly or accounts that are not returning their cards at all). The third step would be, as staff time permits, to upgrade all meters that are already radio read capable. This would be 1,300 to 1,400 meters at a cost of $85 per meter. The fourth step would be to implement a plan to replace all old meters that are not radio capable with a new meter and radio unit. This would be about 500 meters at a cost of $163.50 per meter. Funding for radio read water meters is as follows: 1. Equipment cost would come out of the water fund which has healthy reserves. 2. New Construction would pay for radio read meters. Our cost would be $163.50 per meter. We would charge the Contractor $225.00 which would cover the cost of the meter, radio, valve, meter connector, and freight. 3. Meter replacement program would be funded through the water fund if we spent $22,000 per year. This would allow us to update 258 radio capable meters or 135 complete meter replacements per year. This would take nine (9) years to have the entire city equipped with radio read meters. I have been looking at two different suppliers for upgrading the water meter system. The Neptune system from Davies/Northern Water Works is our current meter supplier. The Amco/Itron system is from Mid America Meter (the system St. Michael currently uses). The following shows what we must have for this to work with either supplier. Interface module installed on the water billing program ............................... $ 1,295.00 Annual support cost.............................................................................................195.00 We must purchase a programmer from Neptune. All meters that were put in from 1993 to present must be reprogrammed to work with a radio unit...............................................................................................1,500.00 TOTAL............................................................................... .....$ 2,990.00 29 • Davies Neptune Proposal Handheld computer, software, and training ......................................... :........................ 7,835.29 100 meters with radio units @ 148.24 each................................................................14,824.00 100 additional radio units @ 67.50 each.......................................................................6,750.00 Pocket Proreader for reading touch pads (City already has)................................................0.00 TOTAL....................................................................................................... $ 29,409.29 Pros to purchasing the Davies system: No FCC license, Training and service is local (Blaine), and Excellent working history with Albertville Con to purchasing the Davies system System and meters cost more Mid America Meter Inc. — Amcodtron Proposal Handheld computer, software, training, and 60 meters with radio units ................. $ 10,500.00 40 meters with radio units @ 132.00 each....................................................................5,280.00 • 100 additional radio units @ 62.00 each ..................... :................................................. 6,200.00 Versa Probe gun for reading touch pads.......................................................................2,002.53 TOTAL...................................................................................................... $ 23,982.53 Pro to purchasing the Mid America system: Meter and radio can come as one unit; no need for wire Cons to purchasing the Mid America system: Need FCC license, Radio units must be "awaken" to work, and Have had noisy meter complaint in Monticello with this type of piston meter RECOMMENDATION In discussing this with City Administrator Kruse, it is our recommendation to the City Council to authorize staff to proceed with the Neptune System and immediately begin requiring new construction to be radio read capable. Secondly to begin upgrading all troubled accounts (ones that are not reading the number properly or accounts that are not returning their cards at all) as time allows. Finally, as staff time permits, to upgrade all meters that are already radio read capable and implement a plan to replace all old meters that are not radio capable with a new meter and radio unit. JM:mh . 30 3-25-04 CITY OF ALBERTVILLE City Council Findings of Fact & Decision Comprehensive Plan Amendment/Rezoning Applicant's Name: Edina Development Corporation Request: The applicant is requesting a Comprehensive Plan amendment and a change in zoning from R-1A, Residential Single Family District to R-4, Residential Townhome, Quadraminium, and Low Density Multiple Family District to accommodate a medium density residential development" within Albert Villas 7rh Addition that would include 12 twinhomes, 32 four-plex units, and 30 row style townhomes. Albert Villas 7`h Addition is located south of Jason Avenue (CSAH 18) and east of Kassell Avenue. Planning Commission Public Hearing Date: March 9, 2004 City Council Meeting Date: April 5, 2004 Findings of Fact: Based on review of the application and evidence received, the City Council now • makes the following finding of fact and decision: A. The Planning Report, dated March 2, 2004, prepared by NAC, Inc. is incorporated herein. B. The Planning Commission recommended denial of the application with the following findings: 1. The Albertville Comprehensive Plan contemplates low density residential development for the site. 2 The proposed change in land use and rezoning is inconsistent with the development policies including: a. Promotion of large lot residential development in all remaining low density areas located on the west side of CSAH 19. b. Existing undeveloped single family residential land shall be developed in a manner responsive to determine market needs and compatible with surrounding development. C. Eliminate the potential for unanticipated or unintended mix of housing types or densities. 32 • d. High density housing shall not be utilized, specifically as a buffer or viewed as being capable of absorbing negative impacts. 3. The surrounding land uses within the Albert Villa subdivision 'are zoned R-IA and consists of single family residential units. The introduction of medium density land uses at this point is viewed as the introduction of an incompatible land use configuration and inconsistent with the R-1 District intent and purpose. 4. The proposed rezoning would result in an increased density for Albert Villa 7 h Addition and would generate traffic in excess of single family residential development in this area. With Kassell Avenue being the main thoroughfare for the Albert Villa residential development, concern is expressed regarding the impact of higher density development and the direct impact of traffic flow on Kassell Avenue and its intersection with CSAH 18. 5. In review of the City's land use plan, it is determined that the City has a large quantity of townhome development with lands already zoned for medium density housing opportunities. Decision: Based on the foregoing information and applicable ordinances, the requested Comprehensive Plan amendment and rezoning from R-IA, Residential Single Family District to R-4, Residential Townhome, Quadraminium, and Low Density Multiple Family District is DENIED based on the applicant's submitted information, the findings of the planning report dated March 2, 2003 - - prepared by NAC, and the Planning Commission recommendation and findings related to the requested rezoning. Adopted by the Albertville City Council this 5th day of April 2004. City of Albertville By: Don Peterson, Mayor Attest: By: Bridget Miller, City Clerk 33 3-25-04 CITY OF ALBERTVILLE City Council Findings of Fact Decision Site Plan Approval Applicant's Name: Flooring America / COM-TEN LLC Request: Flooring America has requested site plan approval The expressed intention of this application is to construct a new multi -tenant commercial building within the City of Albertville. Planning Commission Public Hearing Date: March 9, 2004 City Council Meeting Date: April 5, 2004 Findings of Fact: Based on review of the application and evidence received, the City Council now makes the following finding of fact and decision: A. The legal description of the subject property is Lot 1, Block 1, Northwest Commercial Park. B. The planning report dated March 3, 2004 from Northwest Associated Consultants is • incorporated herein. C. The Planning Commission recommendation from their March 9, 2004 meeting is incorporated herein. Decision: Based on the foregoing information and applicable ordinances, the City Council APPROVES the site and building plan based on the most current plans and information received to date subject to the following conditions: 1. The curb cuts must be approved by the City Engineer. 2. Building elevations must be submitted in color and must be revised to include at least one -quarter of the front and side elevations be split rock or cultured stone. 3. The applicant must demonstrate that no lighting extends beyond 0.4 foot candles across the property line. Lighting must meet standards of Section 1000.10 of the Albertville Zoning Ordinance. 4. Eliminate eleven (11) parking stalls located in the rear of the building. 5. A comprehensive sign plan must be submitted for review by City staff. All signs shall meet the requirements of the City's Sign Code. The pylon sign shall be i 34 • reduced to be in conformance with the City Sign Code and shall be relocated between the two access points off of 67th Street. 6. A revised landscaping plan shall be submitted which will show the following: the removal of Black HillsSpruce on the southern and eastern portions of the plan and replaced with Honeylocust, greater variety of shrubs • shall be shown throughout the plan, and all proposed shrub plantings must be shown on the plan. 7. Trash enclosure size and elevations shall be submitted verifying that their construction matches that of the principal building. The trash enclosure shall be located away from the building within the north setback area. Additional landscaping shall be provided around these locations. 8. Review and approval by the City Engineer regarding any future' site improvements. 9. Fire inspectors comments dated February 27, 2004. Adopted by the Albertville City Council this 5th day of April, 2004. City of Albertville By: Don Peterson, Mayor Attest: By: Bridget Miller, City Clerk • 35 CITY OF ALBERTVILLE • COUNTY OF WRIGHT STATE OF MINNESOTA RESOLUTION # 2004- RESOLUTION ACCEPTING FEASIBILITY STUDY AND CALLING FOR HEARING ON IMPROVEMENTS TO 52ND AVENUE WHEREAS, the Albertville City Council has received a feasibility study prepared by the City Engineer related to the cost to install utilities and construct a road on a portion of 52nd Avenue in the Barthel Industrial Park, City of Albertville; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ALBERTVILLE, WRIGHT COUNTY, MINNESOTA: 1 The Engineer's feasibility study is hereby received and accepted by the Albertville City Council. • 2. A public hearing shall be heard on said improvement on the day of , 2004, at p.m., at the Albertville City Hall and the clerk shall have mailed and published notice of such hearing and improvements as required by law. ADOPTED BY THE CITY COUNCIL OF THE CITY OF ALBERTVILLE THIS 56 DAY OF APRIL, 2004. Don Peterson, Mayor ATTEST: Bridget Miller, City Clerk • 36 AF AW . 004 RE: City of Albertville, Minnesota Public Works Facility SEH No AALBEV0302,01 Honorable Mayor and Members of the City Council City of Albertville 5975 Main Avenue NE P.O. Box 9 Albertville, MN 55301-0009' Dear Mayor and City Council Members: Bids were opened at 10:30 AM on March 25, 2004, for the above -referenced improvement. The low bid was submitted by Ebert Construction Company. A complete tabulation of bids is enclosed. In my opinion, Ebert Construction Company is the lowest responsible bidder, and I recommend award to them based on their bids as tabulated. I also recommend the acceptance of the Alternates (Vehicle Lift and Bridge Crane). We have received favorable references on past work completed by Ebert Construction Company during our inquiries for previously bid projects. • Upon approval to award, SEH will proceed with securement of Ebert's Bonds, Schedule of Values and Schedule of Suppliers and Subcontractors. Upon receipt, we will prepare the Owner/Contractor Agreement. Sincerely Duane R. Day, AIA, CCCA Project Manager sl Enclosure c: Pete Carlson, SEH Jim Schulz, SEH u:\a\albev\030200\6-bidg\l-recommend ebert.doc 37 • SEH Public Works Facility Albertville, Minnesota SEH No. A-ALBEV0302.01 BIDS DUE. 10:30 a.m., March 25, 2004 CONTRACTOR BASE BID ALTERNATE NO.1 ALTERNATE NO.2 UNIT PRICE NO.1 RECEIPT OF ADDENDA BID SECURITY Ebert Construction $1,668,300 $ 11,350 $ 17,300 $12.00/cy 4 Yes Kue Contractors $1,774,399 $ 11,980 $ 18,046 $ 4.00/cy 4 Yes Greystone Construction $1,777,261 $ 12,422 $ 18,930 $12.60/cy 4 Yes Arkay Construction $1,782,000 $ 12,000 $ 17,000 $12.00/cy 4 Yes Shingobee Builders $1,788,999 $ 11,700 $ 16,800 $15.00/cy 4 Yes Breitbach Construction $1,799,800 $ 12,000 $ 17,300 $12.00/cy 4 Yes Gopher State Contractors $1,861,538 $ 12,223 $ 17,568 $13.00/cy 4 Yes Morcon Construction $1,888,569 $ 12,000 $ 23,569 $ 5.50/cy 4 Yes Prestige Builders $1,921,000 $ 12,223 $ 26,200 $12.00/cy 4 Yes Alternate No. 1: Vehicle Lift Alternate No.2: Bridge Crane Unit Price for Contingent Item 1: Unsatisfactory Soils sl Rmeslec-b6`�bidgbid gbdoc 38 CITY OF ALBERTVILLE PUBLIC PROJECT LEASE REVENUE BONDS (Public Works Facility) PRELIMINARY CALENDAR OF EVENTS The following checklist of items denotes each milestone activity as well as the members of the project finance team who will have the responsibility to complete it. Please note this proposed timetable assumes regularly scheduled Council meetings and the timely receipt of informationfor the Official Statement. • Memo To: Albertville City Council From: Robert Ruppe CC: Al Brixius Date: 4/1/2004 Re: Sale of fireworks from a temporary outdoor stands A. Current Albertville Zoning Ordinance Section 1000.23 of the City's zoning ordinance permits temporary outdoor seasonal sales in any business zoning district, provided certain restrictions are followed. Section 170.1 defines temporary outdoor seasonal sales as "the temporary sale of agricultural produce, Christmas trees, flowers and the like sold and conducted by the operators of a legitimate, established business within the appropriate zoning district in the City of Albertville." Fireworks sales clearly do not fit within the definition of temporary outdoor seasonal sales. Section 1000.23 (10) also allows the City Administrator to permit uses which are not specifically named but which are consistent with the intent of the City Code or Comprehensive plan, and allows the applicant to appeal the City Administrator's decision to the City Council. The City Council may override the decision of the City Administrator by a 4/5ths vote. It should be noted that the sale of fireworks at any (indoor) retail establishment in the City is allowed under the current ordinances. B. Amendment of Minnesota Statute §624.20, Subd 1. In 2002 the State Legislature legalized the possession and sale of certain types of fireworks. In particular, the law authorized certain wire and wood sparklers, various forms of nonaerial and nonexplosive sparkling items such as fountains and torches, and certain novelty items such as "snakes," "glow worms," and smoke devices. While the law did not specifically address the authority of cities to regulate these new forms of • "legal fireworks," the state fire marshal found that cities had the ability to regulate fireworks 40 . sales as part of their responsibility to administer the state fire code. Accordingly, many cities adopted ordinances requiring a permit for the sale and storage of fireworks, imposing a fee, banning sales in buildings without sprinklers, and placing limits on the volume of fireworks that could be stored in certain buildings. In response to some of these ordinance provisions, the 2003 Legislature adopted several restrictions limiting a city's ability to regulate "legal fireworks." In particular, Minn. Stat. 624.20 subdivision 1 was amended by adding a subparagraph (d), which reads as follows: (d) A local unit of government may impose an annual license fee for the retail sale of items authorized under paragraph (c). The annual license fee of each retail seller that is in the business of selling only the items authorized under paragraph (c) may not exceed $350, and the annual license of each other retail seller may not exceed $100. A local unit of government may not: (1) impose any fee or charge, other than the fee authorized by this paragraph, on the retail sale of items authorized under paragraph (c); (2) prohibit or restrict the display of items for permanent or temporary retail sale authorized under paragraph (c) that comply with National Fire Protection Association Standard 1124 (2003 edition); or (3) impose on a retail seller any financial guarantee requirements, including bonding or insurance provisions, containing restrictions or conditions not imposed on the same basis on all other business licensees. Some of these new restrictions are clear, others are more difficult to interpret. The main issue that has arisen is the interpretation of subparagraph (2), which limits a city's ability to "prohibit or restrict the display of items for permanent or temporary retail sale authorized under paragraph (c) that comply with National Fire Protection Association (NFPA) Standard 1124 (2003 edition)." On its face, this language could be interpreted to preclude almost any type of municipal regulation governing the time, location or structure from which fireworks may be sold. However, in talking about this issue with the proponents of the law, as well as with the legislative author, the League of Minnesota Cities has been told that the provision was not intended to prohibit local governments from regulating transient selling in the community. It was intended, however, to prohibit cities from exclusively banning sales of fireworks provided the fireworks are sold from structures and displays that comply with NFPA Standard 1124. . A city may impose reasonable zoning restrictions on these types of operations and can hold fireworks sellers to requirements that apply to other business licensees or transient sellers. So, for 41 example, if city regulations allow tents sales of merchandise in the Target parking lot or out of the back of a semi, then the city would also have to allow tent sales of fireworks under the same conditions provided the retailer meets the NFPA rules. According to a League memo on this issue: The NFPA Standard 1124 was only recently promulgated and establishes provisions dealing with the fire and life safety requirements for construction, siting, and separation distances, and storage and display layout for both permanent and temporary consumer fireworks retail sales facilities. In particular, Chapter 7 of the standard deals with retail sales of consumer fireworks. The NFPA standard applies to permanent buildings and structures, as well as to temporary facilities such as tents. One of the most significant elements of the standard is a provision that states that the requirements of the chapter do "not apply to consumer fireworks sales facilities or stores where the consumer fireworks are in packages and where the total quantity of consumer fireworks on hand does not exceed [125 lbs. (net)] .. . Accordingly, cities that have established a fireworks licensing ordinance may want to adopt a practice of requiring the license applicant to provide the city with a copy of NFPA 1124 (2003 edition) and to demonstrate compliance with Standard 1124 or to prove that they are exempted from them. C. The City has no authority under Minnesota Statute §624.20 to ban the temporary outdoor seasonal sale of fireworks as it allows temporary seasonal outdoor sales for other items. Although firework sales clearly do not fit within the City's definition of temporary outdoor seasonal sales pursuant to Section 170.1 of the City's zoning ordinance, because Section 1000.23 permits temporary outdoor seasonal sales in any business zoning district, provided certain restrictions are followed, the City cannot prohibit the temporary outdoor seasonal sale of fireworks provided that the seller complies with the requirements of Section 1000.23 of the Zoning Ordinance and can demonstrate compliance with NFPA Standard 1124 (or to prove that they are exempted from them). • Date: March 15, 2004 To: City Council From: Larry R. Kruse, City Administrator Re: General Update 1. 400 Series Negative Development Fund Balances: I continue to work with City Attorney Couri, City Engineer Carlson and City Auditor to collect past developer billings. Since mailing the original bills, which were derived from our audited financial statement, we have collected copies of project invoices and rebilled based on actual invoices. Some bills when up, others went down. On Friday, April 2, the four of us will be meeting again to review developer billings and further to revisit non -developer capital projects (city projects) that are in need of closing the fund. April I& is the deadline for developers to pay their bills. If payment is not received, I anticipate staff seeking direction from the council to litigate to collect these bills. 2. Health InsurancelWage/Benefits: In April, I would like the City Council to host a joint meeting with employees to discuss the preliminary information that I have gathered on salary and benefits. I am looking at this endeavor as a joint effort between the council and employees to find alternative ways to control health care costs and to make sure that we are offering a marketable wage within the region. 3. City Main Street Sign: The sign is ready for operation any time now. Contracts have been mailed out to renters and we have followed up with phone calls to encourage businesses to secure a place on the sign. To date we have received no signed agreements. 4. Codification Project: On -going. 5. House Moving: Demolition completed; however we discovered a well and septic system. I authorized Tim Guimont to proceed to remove them. 6. YMCA Meeting: Test phone survey went well and will begin after April 15`h. It will take 60 days for data collection and reporting. We anticipate some feedback in late June or early July. A public forum is scheduled for 7:00 p.m. April 15s' at the High School to share information with the public about proposed YMCA and the study that is being conducted. 7. City Administrator Policies: I will place the Wright County Municipal Polices presented and discussed at the last meeting on April 19a' meeting for your consideration. It appears all of the other cities in Wright County are on board in adopting the policies. The Wright County City Administrators will be working with the Mayor's association to meet with the County Commissioners to promote a better working relationship. 8. Finance Director Position: 13 applications were received and I am completing the initial screening of application and will be keeping the Personnel Committee informed as I proceed_ • 43 JOINT POWERS WATER BOARD MINUTES . Regular Meeting of March 22, 2004 6:00 PM JPWT Plant Board Room 6:00 PM Call to Order by Chairperson, Don Peterson Board Members Present: Joyce Paullin, Wayne Kessler, Tom Hagerty, Gerhardt Kottke, Tom Fay Board Members Absent: None Staff Present: Chris Catlin, HR Green; Kelly Browning, USFilter; Shelly Keyes, USFilter " Staff Absent: None 401 Kessler requested additional agenda discussion of Tower 3 and the Treatment Plant Expansion by the Engineer Department. MOTION BY KESSLER, SECOND BY PAULLIN, TO ADOPT THE'AGENDA AS PRESENTED. MOTION CARRIED UNANIMOUSLY. There was no one present under the Citizen Forum. MOTION BY PAULLIN, SECOND BY FAY TO APPROVE4HE MINUTES OF THE FEBRUARY 23, 2004 REGULAR MEETING. MOTION CARRMD'U ANWOUSLY. BY MOTION PAULLIN, SECOND BY KESSLER TO APPROVE THE CONSENT AGENDA AS PRESENTED. MOTION CARRIED UNANIMOUSLY. Under Unfinished Business, Catlin announced that scheduled visitor Richard Motzko had arrived at 5:30, discussed additional compensation for the 50th Street Watermain Improvement Project and departed before the meeting Catlin„and Motzko reached a temporary agreement which requires no action by the Board at this time Gatlin will update Board Members if the situation changes. Additional unfinished business included discussion of the Don Johnson claim. Browning explained Scott Landsman of Hoff, Barry & Kuderer had notified St. Michael City Attorney Dave Lenhardt via letter that since the claim was related to a St. Michael charge, it should be defended by St. Michael. Peterson requested, of the situation and Kessler gave a brief history of Mr. Johnson's dispute. Browning concluded by requesting the Board Members approve Hoff, Barry & Kuderer to work with the, St. Michael attorney since Joint Powers' name remains on the judgment at least until the April 5'�' court date. MOTION BY HAGERTY, SECOND BY PAULLIN TO APPROVE HOFF, BARRY & KUDERER TO WORK WITH CITY OF ST. MICHAEL ATTORNEYS. MOTION CARRIED UNANIMOUSLY. Under New Business, Board Members discussed the Investment Transfer Resolution. Kessler questioned interest rates. Keyes explained Kent Johnson of PMA Investments would be investing portions of the money to mature at different times and the percentages would vary between 1-2%, depending on money available as per the drawdown schedule. Browning added that enough Rinds would .. remain in savings to cover anticipated expenses and intra-account transfers, but PMA would be able to 44 • maximize earnings on the invested funds. Peterson inquired about the risk factor involved and Browning explained that PMA handled other investments for us, which are always collateralized since Joint Powers is a public entity. MOTION BY KESSLER, SECOND BY FAY TO APPROVE THE INVESTMENT TRANSFER RESOLUTION. MOTION CARRIED UNANIMOUSLY. Discussion of the US Filter Reconciliation began with Browning's explanation of the direct costs which are budgeted as reimbursable and the need to reconcile the accounts after year-end. Browning stated the unusually dry summer, which generated higher water usage and revenues, also led to higher chemical and utility usage and that US Filter and Joint Powers both anticipate the reconciliation in their budgets. MOTION BY HAGERTY, SECOND BY PAULLIN TO APPROVE THE US FILTER 2003 RECONCILIATION. MOTION CARRIED UNANIMOUSLY. Under the Engineer's Report, Catlin handed out the letter recommending award of the Well No. 7 Project to Mark J Traut Wells, Inc. The winning bid was $195.880.00. Only 2 bids were received by the 2 pm close date. The other bid was $219,250.00, while the Engineer's estimate was $210,000.00. Catlin reported that 2 additional bids were received in the mail at 2:43 pm but Joint Powers' attorneys recommended the bids be returned unopened since they were received after the deadline. MOTION BY FAY, SECOND BY PAULLIN TO AWARD WELL #7 TO TRAUT WELLS, INC. MOTION CARRIED UNANIMOUSLY. Catlin addressed the added agenda item of the Treatment Plant Expansion by explaining an early summer bid is planned so outdoor work can be done during good weather, indoor work done next fall and winter, with completion next spring. Peterson asked if the City of Albertville would be notified. Catlin explained a variance had already been issued for the wetlands setback, acknowledged by Pete Carlson. Design review will take place prior to bids. Peterson recommended keeping the design as clean as possible for residents that adjoin the wetlands. Kessler questioned if it was simply an expansion of the current building. Browning verified it was and noted the expansion would include some inside storage and 2 filters. Catlin added the expansion will be a carbon copy of the current plant building, but the additional filters would increase capacity from 6 million gallons per day to 7.5 million gallons per day, which will handle anticipated peak usage days. Catlin also spoke about the Tower 3 Project. Property adjacent to the city -owned parcel on 15t' Street is the location preferred by St. Michael City Engineer Steve Bot. The owners have been, approached and surveying has begun. Kessler questioned the length of time before startup, and Catlin informed the Board Members that construction is probably still two years out, but due to increasing property values, preliminary negotiations are proceeding. Under Operations/Office, Browning stated the 2002 audit has not yet been completed by LarsonAllen, who is still hoping for WAC fee information from Albertville City Adminstrator Larry Kruse. Browning requested Peterson follow up with Albertville City Administrator regarding WAC fees charged for 2002 & 2003. Some information had been provided, but not specific fee information or number of connections. Hagerty noted the same discussion was held last month with Leroy Berning present and Browning offered assistance if necessary. Peterson inquired if Browning had contacted the City •Administrator herself and Browning confirmed, but stated she had not yet received a reply to her most recent email. Peterson agreed to pursue the issue. 45 Discussion was held regarding the customer auto -pay service. Browning explained that several requests • had been received for the payment option and inquired whether a motion to approve was needed. Kessler stated the concept of auto -pay should be approved and Hagerty agreed. Keyes added the form was created to provide Joint Powers and Great Northern Bank authorization to access the customer's bank account while clearly stating the guidelines of the program. Discussion was held regarding auto pay in general, after which Board Members determined that a motion should be made to approve the form. MOTION BY HAGERTY, SECOND BY PAULLIN TO APPROVE THE CURRENT AUTO PAY CONCEPT. MOTION CARRIED UNANIMOUSLY. MOTION BY PAULLIN, SECOND BY FAY, TO APPROVE THE LIST OF CLAIMS AS PRESENTED. MOTION CARRIED UNANIMOUSLY. There was no Other Business or Announcements. MOTION BY PAULLIN, SECOND BY KESSLER TO ADJOURN THE MEETING AT 6:38 P.M. MOTION CARRIED UNANIMOUSLY. Recording Secretary 46 Nbertville TOOM, City of Albertville Planning & Zoning Commission Minutes March 9, 2004 Albertville City Hall 7:00 PM 1. CALL TO ORDER - ROLL CALL — ADOPT AGENDA PRESENT: Chair Sharon Leintz, Commission members Frank Kocon, Scott Dorenbush, Dan Wagner, and Tiffany Meza, Council Liaison Tom Fay, City Planner Alan Brixius, Zoning Admi 'strator Jon Sutherland and City Clerk/Secretary Bridget Miller. Chair Leintz called the Planning and Zoning Commission meeting of t Albertville to order at 7:00 p.m. 3 AGENDA: MOTION BY Commission member Kocon, seconded by Com s'on' a bep agner to approve the agenda as presented. Motion carried unanimous .` '0.00 MINUTES.,, MOTION BY Commission mern V�a er, se�so°n by commission member Dorenbush to approve the minutes of February 10, 2004, 1 & �6nin ommission Minutes with one minor revision. Motion carried unanimously, NEW BUSINESS' INTRODU� WBE 'fi$n Meza y Commission em ers1 °ivied Tiffany. 2004 PLANNIN AND ZONING COMMISSION MEETING SCHEDULE The commission members reviewed planning schedule. Commission scheduled was accepted by the commission as presented. PUBLIC HEARINGS: ALBERT VILLAS 7TH ADDITION REzoNE FROMR-IA TOR-4 (PUD) • Chair Leintz opened the public hearing for Albert Villas Seventh Addition at 7:06 p.m. 47 City Planner Brixius informed the commission that the electronic file did not transmit properly. The • commission members were given a full-scale site plan. City Planner Brixius then began reviewing the site plan. The developer has submitted an application for concept plan review, rezoning and Comprehensive Plan amendment for Albert Villas Seventh Addition. The site, located south of Jason Avenue (CSAH 18) and east of Kassell Avenue, is zoned R-1A, Residential Single Family District and guided for low density residential development by the Albertville Comprehensive Plan. The applicant is requesting a rezoning of the site and Comprehensive Plan amendment to permit construction of 74 residential units on the site (12 twin homes, 32 four-plex style units and 30 row -style town homes). Matt Davich was present representing Edina Development to go into further detail of the site plan. Rick Wienowski was also present to go over the site plan. Chair Leintz's comment was that they tripled the density from the original concept. Rick stated that they are flexible with getting the numbers down, but he did feel it would work nicely. Council Liaison Fay asked if a concept plan was presented to the Commission or Council. City Planner Brixius stated that it went to staff level and to the best of his knowledge it was never • presented to the Commission or Council. Kocon his concern is that we have a number of houses going up and now putting up these townhomes the insurance costs are consistently rising. Again he stated the same concern as Chair Leintz of the congestion. Chair Leintz asked if they considered doing a mixed blend of housing. Go with some single family and some townhomes. Rick stated that because of the ponding area it was difficult to come up with a blended plan. Commission member Meza had concerns with the housing on a busy road as well. Jon Sutherland asked if there was a ditch that goes through the development. Matt and Rick confirmed that there is a ditch that goes through the development. They would address the drainage issues as they develop the site. There was a considerable amount of discussion about the number of housing units. The Commission seemed very concerned about the congestion of traffic. Chair Leintz asked if there were any comments from the audience. 48 There was one comment regarding the developer purchased the land and has a considerable amount of it built out and should have reaped some of the benefits of the purchase. Going to a less dense housing units wouldn't hurt the developer. There was a question brought up regarding a park issue. City Planner Brixius reminded the commission a number of time that the There was another resident asking about the Chair closed the 7:48 p.m. MOTION BY Commission member Dorenbush, seconded by Commission member Kocon to deny the rezoning from R-1A to R-4. Motion carried unanimously. OTHER BUSINESS FLOORING AMERICA A. SITE AND BUILDING REVIEW Chair Leintz turned it over to the City Planner. City Planner Brixius stated that if this site looks familiar it is because we approved a plan in June of 2003. Flooring America has submitted a proposal to build a new multi -tenant commercial building within Albertville along 67t' Street NE, north of the Albertville Premium Outlets. This lot is designated as Lot 1, Block 2 of the industrial park located in northwest Albertville. The site plan has been reviewed and the following report outlines the findings and recommendation. The applicant is proposing the addition of this multirtenant commercial building located near the Albertville Premium Outlets. NAC believes that the proposal provides a good opportunity to use a site that is ready for development. The development is compatible with existing zoning, and is consistent with the Comprehensive Plan. Charles Radloff the project engineer was present to go over the site plan before the commission. He was glad to be here tonight to go over the issues brought out in the plan reviews. They would have no problem re -locating the trash enclosure to another location on the site. He also wanted to address the lighting issues and changing them to the shoebox type. Commission member Kocon asked if the top portion of the building would remain grey. City Planner Brixius it is item number two of the recommendations. It is the commission's recommendation if they want to change it. Zoning Administrator Sutherland asked about the trash enclosures would meet the Futrell Fire Consult & Design codes. 49 Then there was concern regarding the drive aisle behind the building. With the trash enclosure relocated • in the rear of the building. Council Liaison Fay asked that we are to look at the 30-year plan. Should some day this building be sold and it becomes retail. Is there sufficient parking on the site? City Planner commented that there would not be sufficient parking if the site were to be sold some day in the distant future and become retail. MOTION BY Commission member Wagner, seconded by Commission member Kocon subject to the nine recommendations by the City Planner Brixius. Motion carried unanimously, ADJOURNMENT MOTION BY Commission member Kocon, seconded by Commission member Dorenbush-to adjourn the meeting at 8:21 p.m. Motion carried unanimously. 50 • City of Albertville Park & Recreation Board Minutes March 1, 2004 Albertville City Hall 6:00 PM PRESENT: Councilmember LeRoy Berning, Councilmember Dorothy Rich, Park & Rec. Superintendent Tim Guimont, and Recording Secretary Terri Hedquist. Absent: None SHELTER CONTRIBUTION Discussed the St. Michael/Albertville shelter/concessions/storage area. How much does the City of Albertville want to contribute to this project? It was recommended that we contribute $25,000 to this project. The Parks Committee wanted to know how much the City was willing to contribute towards the Big Woods Elementary School Shelter. The consensus was that the City would donate or contribute 25% up_ to $25,000. TOWNE LAKESPARK •The park to be located in Towne Lakes will be called Hamburg Park, as stated in the Comprehensive Park & Recreation Plans. Presented ideas for the Towne Lakes Park to Dave Hempel. Tennis Courts were discussed and the maintenance involved with the upkeep of the courts. Dave Hempel presented exhibit P for the Towne Lakes Park. Estimated cost for all improvements is $245,300. SCOREBOARD Discussed installing two scoreboards, equipped with remote radio controls for the softball fields located at the City Park. The estimated cost would be $10,300-$11,700. Would like to ask Council if $7,500 of funds previously donated by the Jaycees could be used for a new score board and contributing an additional $1,600 for a wireless control. Would also like to ask the Knights of Columbus to make a donation to the project. We would then recognize the Jaycees and Knights of Columbus with a sign on the scoreboard. OTHER DISCUSSION Discussed having neighborhood sports. Children would get together in their neighborhood for a casual game of baseball, soccer, etc. The board would like to see all parks utilized for the community. The board would also like to work with Sandy at FYCC to coordinate parks and their activities. • Meeting closed at 7:00 p.m. Next meeting will be held May 3, 2004, at 7:00 p.m. 51