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2002-12-16 CC PacketALBERTVILLE CITY COUNCIL AGENDA December 16, 2002 7:00 PM 1. CALL TO ORDER — ROLL CALL — ADOPT AGENDA 2. MINUTES (a) December 2, 2002, City Council Meeting 3. CITIZEN FORUM - (lo Minute Limit) 4. (a) Approve payment of claims (Check #17245—17277) (b) Resolution #2002-38 (A Resolution Adopting the Final 2002 Tax Levy Collectible in 2003) (c) Resolution #2002-39 (A Resolution Adopting the 2003 Final Budget) (d) Resolution #2002-40 (A Resolution Appointing Personnel) (e) Resolution #2002-41 (A Resolution Establishing 2003 Wages for City Employees) (f) Approve Letter of Credit Reduction for Cedar Creek North 3rd Addition to $21,000 (g) Approve Letter of Credit Reduction for Cedar Creek South 6th Addition to $5,000 (h) Approve Letter of Credit Reduction for Towne Lakes 2nd Addition to $759,000 (i) Approve On -Sale Wine License (Not to Exceed 14% Alcohol by Volume) for Hong Thai, Inc. at 5600 LaCentre Avenue NE (Randy & Boun Yeng Carstensen, applicants) 0) Authorize payment of all just claims received by December 31, 2002 5. DEPARTMENT BUSINESS a. Fire Department • None b. Public Works (1) Water/WWTF Report (2) Joel Eull — Eull Concrete Site Purchase C. (1) CUP & Variance Request — Gary Vetsch (2) Ordinance #2002-17 (An Ordinance Amending the Albertville Zoning Map) f,,�•w (3) CUP requests — Especially for Children Day Care (4) Rezone B-3 to B-2A — Ordinance #2002-19 (An Ordinance Amending Section 300m (Administration — Map Amendment) of the Albertville Zoning Ordinance City Council Agenda December 16, 2002 Page 2 of 2 to Provide for a Change in Zoning Classification from B3 and B2 to B-2A "Special Business District) (5) Ordinance #2002-20 (An Ordinance Amending the Albertville Zoning Ordinance, Section 4400.2c, Permitted Used for the B-3 Highway Commercial District) d. Engineering (1) City of Otsego EAW issue e. Legal (1) Amended CUP — Don's Bus Service (2) Resolution #2002-43 (Resolution Accepting Donation) (3) Ordinance #2002-18 (An Ordinance Regulating the Discharge of Sump Pumps) (4) Complaint — Fire Department f. Administration (1) Callan's Furniture purchase offer (2) Carpet Country's purchase offer �p;jp 6. ADJOURNMENT ALBERTVILLE CITY COUNCIL December 2, 2002 Albertville City Hall 7:00 PM PRESENT: Mayor Scott Wallace, Councilmembers LeRoy Berning, Keith Franklin, Tom Fay, and John Vetsch, City Engineer Pete Carlson, City Attorney Mike Couri, City Planner Al Brixius, and City Administrator Linda Goeb Mayor Wallace called the regular meeting of the Albertville City Council to order. The agenda was amended as follows: Move Item 6d(3) Eull Concrete Site to Item 6b(2) Add Item 6d(3) - Sump Pump Add Item 6b(3) — City Property south of 50`h Street — possible construction Add Item 6f(4) — Attendance at County Board Meetings Add Item 6f(5) — Employee Group Insurance Berning made a motion to approve the agenda as amended. Franklin seconded the motion. All voted aye. Fay made a motion to approve the minutes of the November 18, 2002, regular meeting as presented. Franklin seconded the motion. All voted aye. Mayor Wallace asked if anyone wished to address the Council under Citizen Forum. Randy Karstenson explained that he is opening a Thai restaurant in the mall by Coborn's and would like to have a wine and beer license by his tentative opening on January 2, 2003. The council advised Karstenson that if all his paperwork is in, the Council will act affirmatively on the approval at the December 16'h meeting. Berning requested that Check #'s 17197, 17205, and 17216 be pulled from the Consent Agenda. Berning made a motion to approve the Consent Agenda as follows: • Approve payment of claims (Check #'s 17195 — 17196, Check #'s 17198 — 17204, Check #'s 17206—17215, and Check #'s 17217 - 17233 Vetsch seconded the motion. All voted aye. Kathleen Poate, President of the I-94 West Chamber of Commerce, presented information on the business councils being established in seven of the member communities. The Business Council is an informal monthly meeting with representatives of City Council and the City Administrator to focus on issues affecting local businesses. Poate requested a commitment from Albertville to participate in the program. The Chamber of Commerce is not looking for any funds but rather a method of communication. The goal is to have the Albertville Business Council up and running by January. The Council agreed to participate in the Business Council and will have the city administrator and perhaps one or two Council members attend the meetings. Albertville City Council Minutes December 2, 2002 Page 2 of 4 Public Works Director Tim Guimont explained that the City can purchase two 15 foot three row bleachers from Minnesota Playground for $1,600. The bleachers have been used at one event. Tim suggested that the bleachers could be used at City Park until bleachers are needed at other park locations. Franklin made a motion to purchase the bleachers from Minnesota Playground for $1,600, plus tax. Berning seconded the motion. All voted aye. City Engineer Pete Carlson reported that the Eull Concrete site soil borings have not been located, but he believes the site itself is too small to support a Public Works building, with the outside storage for salt and sand. Carlson suggests using TIF to redevelop property when a buyer is located. The consensus of the Council was not to proceed further with securing the Eull Concrete site for a Public Works facility. City Engineer Carlson was asked about the grading with city limits on Becker property south of 50th Street. Carlson will do an inspection on the site to determine if the grading is extending into Albertville. Franklin made a motion to accept the Public Works/Parks Maintenance Report as presented. Fay seconded the motion. All voted aye. City Planner Al Brixius reviewed the Conditional Use Permit application from Gary Vetsch to allow an accessory residential use on the second floor of Smackdown's. The building is an existing non -conforming structure in that it does not meet several performance standards described by City Code. A variance would also be required from rear and side setbacks. The variance could be granted if it is proven to reduce the already non -conforming issues. The Planning and Zoning Commission conducted a public hearing on the request and recommended denial of the conditional use permit and the variances. Councilmember Vetsch explained he would agree to approve the CUP and variances if the apartment is only owner -occupied. City Attorney Couri stated that although requiring owner - occupied status is not defendable, this case might be defendable in relation to the inadequate number of parking spaces. Franklin made a motion to table further discussion and action on the request until the December 16`h meeting so the planner can prepare Findings of Fact & Decision for approval of the request for consideration. Vetsch seconded the motion. All voted aye. Mark Daleiden and property owner Don Barthel have submitted an application for a PUD amendment to allow a car rental use on a portion of the bus garage site located at 6000 LaBeaux Avenue NE. Four building currently exist on the site and the proposed car rental business would occupy office space in the building closest to CSAH 19. The underlying zone is B-3 and car rental is permitted because it is a motor vehicle use. An amendment to the PUD is necessary because the agreement specifies that the property be used exclusively for the operation of a bus garage. Albertville City Council Minutes December 2, 2002 Page 3 of 4 Berning made a motion to approve the Findings of Fact & Decision approving the amendment to the PUD agreement with removal of "sales" from Conditions #2 and #3. Fay seconded the motion. All voted aye. Mark Haller, 11565 50th Street NE, has requested a Conditional Use Permit for a 24' x 28' detached garage to be used for vehicle storage and woodworking shop. Haller's property is 5.21 acres in size and is currently zoned R-lA. Franklin made a motion to approve the Findings of Fact & Decision approving the Conditional Use Permit application for Mark Haller. Vetsch seconded the motion. All voted aye. City Planner Al Brixius reviewed the final plat of the Outlets of Albertville Second Addition. The developer has incorporated all recommendations from Council and staff and has submitted all required documents. Fay made a motion to approve the Findings of Fact & Decision granting final plat approval for the Outlets of Albertville Second Addition. Franklin seconded the motion. Fay, Franklin, Wallace and Berning voted aye. Vetsch voted no. The motion carried. City Attorney Couri reviewed the Developers Agreement for the Outlets at Albertville Second Addition with the Council. Franklin made a motion to approve the Developers Agreement with slight language amendments. Berning seconded the motion. Franklin, Fay, Berning and Wallace voted aye. Vetch voted no. The motion carried. City Engineer Pete Carlson reported that the Wright County Board of Commissioners has committed to pay $50,000 for 15 years for the upgrade to four lanes on CSAH 19 from 57th St to the outlet mall. The City has authority to bond for the improvements to CSAH 19 by either tax abatement and through road construction. Staff will continue to work with the bonding specialists to prepare the options available to the City Council. The Council discussed the need for the traffic signal at the intersection of CSAH 19 and 57th Street. Because of the imminent improvement to CSAH 19, a temporary signal or 4-way stop signs are options Pete has explored. He believes that other than rush hour, stop signs would work adequately as a temporary measure. He further reported that Design Electric has used temporary signal heads that could be purchased or leased. The cost to purchase the signal heads is around $55,000 and a monthly lease on the signals would run $5,000 a month. The Council directed Carlson to meet with Wright County Highway Department to ask for support for temporary 4-way signage at the intersection. Carlson presented a proposal from Scherer Bros. Lumber Company to "gift" the City of Albertville with the property described as Lots 9, 10 and 11, Block 2, and Lots 1, 2 and 4, Block 10, Albertville Industrial Park. In return the City would adopt a resolution to achieve the documentation of the transaction for tax purposes. The consensus of the Council is to accept the proposed offer and have the city attorney draft appropriate resolutions for action at the next regular meeting. Albertville City Council Minutes December 2, 2002 Page 4 of 4 Carlson reported that there are several homes in the City which have their sump pump discharging to the front yards even though drain tile is in the rear yard line. The city has no ordinance to require sump pumps to drain to the rear when drain tile is installed in the rear yards, but Carlson has requested that each of the homeowners to drain the sump to the drain tile. Without an ordinance to enforce this requirement, the City can only request the switch. Berning made a motion to proceed with drafting an ordinance for consideration that requires homeowners to drain the sump to the rear in areas where drain tile has been installed on the back lot lines. Franklin seconded the motion. All voted aye. The Zachman family has requested that Albertville execute a resolution initiating the concurrent detachment from the City of St. Michael and attachment to the City of Albertville of 28.5 acres of property located in the West Half of Section 6, as described in the annexation agreement signed in 1996. Franklin made a motion to approve CITY OF ALBERTVILLE RESOLUTION #2002- 37 titled JOINT RESOLUTION REQUESTING CONCURRENT DETACHMENT FROM ST. MICHAEL AND ANNEXATION TO ALBERTVILLE OF A PORTION OF LAND PURSUANT TO MINNESOTAT STATUTE 414.061, contingent upon the Zachman's executing the Agreement to Pay Costs Associated with Detachment and Annexation Proceedings. The joint resolution will be forwarded to the City of St. Michael for consideration. Vetsch seconded the motion. All voted aye. The Council discussed the purchase offer from Timothy and Patrick Callan, for 235 feet of frontage on Outlet E, Northwest Commercial Park, at a purchase price of $307,223, or $3.50 per square foot. The offer includes a twenty-four month option to purchase the remaining parcel of Outlot E at $3.50 per square foot. Vetsch made a motion to make a counteroffer of $4.00 per square foot for 235 feet with a first right of refusal for 24 months from the date of closing on remaining portion of Outlet E. Berriing seconded the motion. Vetsch, Berning, Franklin and Wallace voted aye. Fay voted no. The motion carried. The Council discussed the offer from Dave Commers, Carpet Country, to purchase a 2.5 acre lot described at Lot 1, Block 2, Northwest Commercial Park, at a cost of $4.00 per square foot, less the cost of bringing the lot to a buildable level. Berning made a motion to counter-offer to Commers to purchase the lot at $3.75 per square foot as is. Vetsch seconded the motion. All voted aye. Berning made a motion to pay Check #'s 17197, 17205, and 17216 as presented. Franklin seconded the motion. All voted aye. Fay made a motion to adjourn at 10:55 PM. Berning seconded the motion. All voted aye. Linda Goeb, City Administrator Scott Wallace, Mayor CITY OF ALBERTVILLE *Check Detail Register© 4(42*400 December 2002 Check Amt Invoice Comment 10100 Premier Bank Paid Chk# 017245 12/16/2002 ARAMARK UNIFORM SERVICES E 101-45100-417 Uniform Rentals E 601-49450-417 Uniform Rentals E 602-49400-417 Uniform Rentals E 101-43100-417 Uniform Rentals Total ARAMARK UNIFORM SERVICES Paid Chk# 017246 12/16/2002 BARBAROSSA & SONS, INC $51.24 11/02-balance Uniform Sery - Parks Dept $51.24 11/02-balance Uniform Sery - Sewage Dept. $51.24 11/02-balance Uniform Sery - Water Dept $51.24 11/02-balance Uniform Sery - PW Dept. $204.96 E 454-49450-310 Other Professional Services $176,777.90 Pay No. 2 2001 Svitski Lift Upgrade Total BARBAROSSA & SONS, INC $176,777.90 Paid Chk# 017247 12/16/2002 BUFFALO BITUMINOUS INC. E 462-49000-300 Professional Siva (GENERAL) $43,127.90 Payment No. 1 2002 Street Overlay Total BUFFALO BITUMINOUS INC. $43,127.90 Paid Chk# 017248 12/16/2002 CARQUEST E 101-43100-404 Repair/Maint - Machinery/Equip $8.51 D224694 Parts for Repair E 101-43100-404 Repair/Maint - Machinery/Equip $3.23 D224695 Parts for Repair E 101-43100-404 Repair/Maint - Machinery/Equip $1.94 D224823 Parts for Repair E 601-494W 404 Repair/Maint - Machinery/Equip $6.94 D225563 Parts for Repair Total CARQUEST $20.62 Paid Chk# 017249 12/16/2002 DJ'S TOTAL HOME CARE CENTER E 101-43100-405 Repair/Maint - Buildings E 101-43100-215 Shop Supplies E 601-49450-210 Operating Supplies (GENERAL) E 601-49450-210 Operating Supplies (GENERAL) E 601-49450-210 Operating Supplies (GENERAL) E 101-43100-405 Repair/Maint - Buildings R 101-32210 Building Permits E 101-45000-598 Pledges & Contributions E 101-43100-400 Repair/Maint - Paved Rd E 602-49400-210 Operating Supplies (GENERAL) E 101-45100-530 improvements Other Than Bldgs Total DJ'S TOTAL HOME CARE CENTER Paid Chk# 017250 12/16/2002 DON'S AUTO & REPAIR $26.38 November 200 Misc. Parts for Bldg $8.06 November 200 Misc. Shop supplies $63.91 November 200 Operating Supplies $17.55 November 200 General Operating Supplies $6.35 November 200 Operating Supplies $3.17 November 200 Spare Key -cutting $10.00 November 200 Bldg Office Supplies $15.37 November 200 Christmas Decorations $106.46 November 200 Traffic -crosswalk marking $17.02 November 200 General Operating Supplies $10.51 November 200 General Improvements $284.78 E 101-43100-212 Motor Fuels $10.12 November 200 20# Propane E 601-49450-212 Motor Fuels $38.15 November 200 Motor Fuel E 101-45100-212 Motor Fuels $44.64 November 200 Motor Fuel Total DON'S AUTO & REPAIR $92.91 Paid Chk# 017251 12/16/2002 EGGEN'S DIRECT SERVICE, INC. E 101-41940-210 Operating Supplies (GENERAL) $9.60 1-3938 Office Supplies E 101-43100-212 Motor Fuels $45.00 71913 Motor Fuel E 601-49450-212 Motor Fuels $13.29 71926 Motor Fuel E 601-49450-212 Motor Fuels $13.99 71928 Motor Fuel E 101-41910-200 Office Supplies (GENERAL) $60.66 71932 Office Supplies E 101-45100-212 Motor Fuels $11.33 71933 Motor Fuel E 601-49450-212 Motor Fuels $23.00 71945 Motor Fuel E 602-49400-212 Motor Fuels $34.00 71961 Motor Fuels Total EGGEN'S DIRECT SERVICE, INC. $210.87 Paid Chk# 017252 12/16/2002 FEHN GRAVEL & EXCAVATING E 101-43100-222 Sand & Gravel $93.00 9169 Hauling sand/salt Total FEHN GRAVEL & EXCAVATING $93.00 Paid ChW 017253 12/16/2002 GOPHER STATE ONE -CALL CITY OF ALBERTVILLE 12/11/02 4:31 PM Page 2 *Check Detail Register© December 2002 Check Amt Invoice Comment E 601-49460-209 Locates $69.75 2110105 Locates - Sewer Dept Total GOPHER STATE ONE -CALL $69.75 Paid Chk# 017254 12/16/2002 LAND EQUIPMENT E 101-43100-404 Repair/Maint - Machinery/Equip $167.50 52916 Noise in Chain Case Total LAND EQUIPMENT $167.50 Paid Chk# 017255 12/16/2002 LATOUR CONSTRUCTION, INC. E 463-49000-310 Other Professional Services $93,288.66 Payment No 6 2002 NW Commercial Park Total LATOUR CONSTRUCTION, INC. $93,288.66 Paid Chk# 017256 12/1612002 MAINSTREET DESIGNS, INC. E 101-45000-598 Pledges & Contributions $92.78 6905 Christmas Bulbs Total MAINSTREET DESIGNS, INC. $92.78 Paid Chk# 017257 12/16/2002 MEINY'S DIGGERS E 604-499604,06 R/M - Collection System $760.00 2727 Repair - Lachman tiling E 602-49400-407 R/M - Water Mains $450.00 2728 Repair water main (54th) Total MEINY'S DIGGERS $1,210.00 Paid Chk# 017258 12/16/2002 MIDWEST ANALYTICAL SERVICES E 601-49450-218 Testing Expenses E 601-49450-218 Testing Expenses E 601-49450-218 Testing Expenses Total MIDWEST ANALYTICAL SERVICES $156.00 128309 Testing Expense (CBOD-5) $116.00 128345 Testing Expense (CBOD-5) $116.00 128440 Testing Expense (CBOD-5) $388.00 Paid Chk# 017259 12/16/2002 MN STATE FIRE CHIEFS ASSOC. E 101-42000-433 Dues and Subscriptions $50.00 2003 Members Fire Chief E 101-42000-433 Dues and Subscriptions $30.00 2003 Members Assistant Fire Chief Total MN STATE FIRE CHIEFS ASSOC. $80.00 Paid Chk# 017260 12/16/2002 N.A.C. E 101-41910-306 Planning Fees $354.90 12256 Nov 2002 Technical Assistance E 462-49000-306 Planning Fees $250.00 12257 Spectator's Sports Bar E 462-49000-306 Planning Fees $295.50 12257 Pope Day Care E 462-49000-306 Planning Fees $172.50 12257 Hong Thai sign E 101-41910-306 Planning Fees $315.00 12257 Welcome Furniture Sign E 101-41910-306 Planning Fees $302.61 12257 Smackdown's Bar & Grill E 101-41910-306 Planning Fees $265.85 12257 Life in Christ Sign E 101-41910-306 Planning Fees $90.00 12257 Grandma Jons Sign E 462-49000-306 Planning Fees $7.50 12257 Albertville Crossing Lot 3 E 453-49000-306 Planning Fees $51.00 12257 Kollville Cert of Completion E 452-49000-306 Planning Fees $640.40 12257 JMJ Phase III Final Plat E 452-49000-306 Planning Fees $273.70 12257 JNW Phase I & 11 E 452-49000-306 Planning Fees $202.50 12267 JMJ Signs E 101-41910-306 Planning Fees $448.34 12257 Don's Bus Garage E 452-49000-306 Planning Fees $936.39 12257 JMJ Phase III E 101-41910-306 Planning Fees $375.00 12258 Services - November Total N. A. C. $4,981.19 Paid Chk# 017261 12/16/2002 NFPA E 101-42000-433 Dues and Subscriptions $135.00 2117307X Annual Subscription/Membership Total NFPA $135.00 Paid Chk# 017262 12/16/2002 PATS 66 E 101-41400-592 Elections $54.69 48881 Election - Expense E 101-43100-212 Motor Fuels $38.00 49118 Motor Fuel R 101-32210 Building Permits $45.01 49212 Bldg Dept Motor Fuel E 101-42000-200 Office Supplies (GENERAL) $21.93 49266 General Office Supplies CITY OF ALBERTVILLE 12111102 4:31 PM Page 3 *Check Detail Register© December 2002 Check Amt Invoice Comment Total PATS 66 $159.63 Paid Chk# 017263 12/16/2002 PINNACLE PRINTING, INC. E 101-41400-200 Office Supplies (GENERAL) $423.87 1414 Window Envelopes E 101-41100-300 Professional Srvs (GENERAL) $938.27 1427 Printing - Newsletter E 601-49450-203 Printed Forms $564.29 1432 Printing - Tum-around Canis Total PINNACLE PRINTING, INC. $1,926.43 Paid ChI 017264 12/1612002 POSTMASTER E 601-49450-322 Postage $187.22 4th Qtr Postage - Turn -around Card E 602-49400-322 Postage $187.22 4th Qtr Postage - Tum-around Card Total POSTMASTER $374.44 Paid Chk# 017265 12/16/2002 RELIANT ENERGY/MINNEGASCO E 101-43100-383 Gas Utilities E 101-41940-383 Gas Utilities E 601-49450-383 Gas Utilities E 101-45100-383 Gas Utilities E 101-42000-383 Gas Utilities Total RELIANT ENERGY/MINNEGASCO Paid Chk# 017266 12/16/2002 SENTRY SYSTEMS, INC. $121.79 November 200 Gas Utilities-PW Garage $93.18 November 200 Gas Utilities -City Hail $269.98 November 200 Gas Utilities -Sewage Plant $45.15 November 200 Gas Utilities -Park Shelter $134.63 November 200 Gas Utilities -Fire Dept $664.73 E 101-42000-405 Repair/Maint -Buildings $50.96 16160 Security - Fire Hall Total SENTRY SYSTEMS, INC. $50.96 Paid Chk# 017267 12/16/2002 SPRINT- GA E 101-41940-321 Telephone $69.03 Phone - Long Distance Total SPRINT- GA $69.03 aid Chk# 017268 12/19/2002 SPRINT -MO E 10141940-321 Telephone $53.06 Phone - CH 2nd line E 101-41940-321 Telephone $42.15 Phone - CH Internet Sery E 101-41940-321 Telephone ($23.44) Phone - tax/surcharges G 101-20801 Inspection Fees Payable $42.15 Phone - Bldg DSL line E 101-41940-321 Telephone $42.15 Phone - CH Fax line E 10141940-321 Telephone $51.06 Phone - CH 4th line E 601-49450-321 Telephone $61.62 Phone - Sewage Plant E 101-41940-321 Telephone $242.01 Phone - tax/surcharges E 101-41940-321 Telephone $228.30 Phone Install -repair E 101-41940-321 Telephone $190.60 phone - partial month E 10141940-321 Telephone $154.98 Phone - data & Info sery E 10141940-321 Telephone $69.73 Phone - CH main line E 10141940-321 Telephone $51.06 Phone - CH Private line G 101-20801 Inspection Fees Payable $51.06 Phone -Bldg 3rd line E 101-43100-321 Telephone $42.15 Phone - PW Garage main E 101-41940-321 Telephone $51.06 Phone - CH 3ni line G 101-20801 Inspection Fees Payable $51.06 Phone - Bldg. 2nd line G 101-20801 Inspection Fees Payable $51.06 Phone - Bldg 1st line E 10142000-321 Telephone $44.04 Phone - Fire Dept line E 10142000-321 Telephone $44.01 Phone - Fire Dept fax E 101-43100-321 Telephone $42.15 Phone - PW/Water fax E 101-45100-321 Telephone $55.62 Phone - Parks Dept Total SPRINT -MO $1,637.64 Paid Chk# 017269 12/16/2002 ST. MICHAEL FLORAL E 101-41100-200 Office Supplies (GENERAL) $72.40 11-2002 TG Floral Arrangement-Guimont Total ST. MICHAEL FLORAL $72.40 Paid Chk# 017270 12/16/2002 T R LEHMAN CITY OF ALBERTVILLE 12/11/024:31 PM Page 4 *Check Detail Register© December 2002 Check Amt Invoice Comment E 101-45100-530 Improvements Other Than Bidgs $1,600.00 100 15-ft Bleachers - 3 row Total T R LEHMAN $1,600.00 Paid Chk# 017271 12/16/2002 U. S. POSTMASTER E 101-41100-300 Professional Srvs (GENERAL) $723.27 Oc/Nv/Dc/2002 Postage -Newsletter Total U.S. POSTMASTER $723.27 Paid Chk# 017272 12/16/2002 VEIT DESPOSAL SYSTEMS E 101-41940-384 Refuse/Garbage Disposal $890.00 102777 Tornado waste removal E 101-41940-384 Refuse/Garbage Disposal $1,880.00 102857 Tornado waste removal E 101-41940-384 Refuse/Garbage Disposal $290.00 109256 Tornado waste removal E 101-41940-384 Refuse/Garbage Disposal $290.00 110458 Tornado waste removal E 101-41940-384 Refuse/Garbage Disposal $230.00 113048 Tornado waste removal Total VEIT DESPOSAL SYSTEMS $3,580.00 Paid Chk# 017273 12/16/2002 VISION STAFFING SOLUTIONS R 101-32210 Building Permits $620.00 IVC2610 Bldg Dept - Temp R 101-32210 Building Permits $372.00 IVC2632 Bldg Dept - Temp Total VISION STAFFING SOLUTIONS $992.00 Paid Chk# 017274 12/16/2002 WINSLOW, RUSSELL E 101-42000-311 EMT Training $655.00 1994 PO EMT Training E 101-42000-331 Travel Expenses $353.28 1994 PO Reimbursement -mileage Total WINSLOW, RUSSELL $1,008.28 Paid Chk# 017275 12/16/2002 WRIGHT CTY SHERIFFS PATROL E 101-42110-307 Police Contract Fees $20,318.33 Patrol-12 Police Protection Sery Total WRIGHT CTY SHERIFFS PATROL $20,318.33 Paid Chk# ol7276 12/16/2002 WRIGHT RECYCLING E 101-43200-308 Recycling Contract Fee $2,849.00 November 200 Recycling Contract Total WRIGHT RECYCLING $2,849.00 Paid Chk# 017277 12/16/2002 XCEL ENERGY E 101-41940-381 Electric Utilities E 601-49450-381 Electric Utilities E 601-49450-381 Electric Utilities E 101-41940-381 Electric Utilities E 601-49450-381 Electric Utilities E 601-49450-381 Electric Utilities E 101-43160-381 Electric Utilities E 101-42000-381 Electric Utilities E 101-43100-381 Electric Utilities E 101-45100-381 Electric Utilities E 101-43160-381 Electric Utilities E 101-45100-381 Electric Utilities E 101-41940-381 Electric Utilities E 101-45100-381 Electric Utilities E 101-41940-381 Electric Utilities E 101-45100-381 Electric Utilities Total XCEL ENERGY $168.53 November 200 Electric -City Hail $1,612.97 November 200 Electric -Sewage Plant -Mac $177.64 November 200 Electric-60th St -Lift Station $3.77 November 200 Electric-Oakside Siren $19.61 November 200 Electric-Cty.Rd.18-Lift Statio $14.25 November 200 Electric -kaiser - Lift Station $3,724.61 November 200 Electric -Street Lighting $255.19 November 200 Electric -Fire Dept $108.22 November 200 Electric-PW Garage $65.09 November 200 Electric-58th-Skating/Rink $22.49 November 200 Electric-CR 19 & 37 Traffic $22.23 November 200 Electric-51 st St-P.Shelter $19.29 November 200 Electric-LaBeaux Park-n-Ride $7.19 November 200 Electric-58th St-P.Shelter $3.14 November 200 Electric-CP-Siren $13.56 November 200 Electric -Main Ave -Parking Lot $6,237.78 10100 Premier Bank $363,489.74 CITY OF ALBERTVILLE 12/11/02 4:31 PM Page 5 *Check Detail Register© December 2002 Check Amt Invoice Comment Fund Summary 10100 Premier Bank 101 GENERAL FUND $42,366.56 452 TRAFFIC LIGHT $2,052.99 453 KOLLEVILLE ESTATES $51.00 454 SW LIFT STATION $176,777.90 462 COBURN'S $43,853.40 463 NW COMMERCIAL PARK $93,288.66 601 SEWER FUND $3,599.75 602 WATER FUND $739.48 604 STORM WATER $760.00 $363,489.74 CITY OF ALBERTVILLE RESOLUTION # 2002-38 A RESOLUTION ADOPTING THE FINAL 2002 TAX LEVY COLLECTIBLE IN 2003 WHEREAS, the City Council of the City of Albertville has adopted a proposed budget; and WHEREAS, the Albertville City Council has determined that a tax levy upon the taxable property in the City of Albertville is necessary to provide sufficient funds for the operation of the City from January 1, 2003, through December 31, 2003; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ALBERTVILLE, MINNESOTA, that 1. The following sums of money be levied for the current year, collectible in 2003, upon the taxable property in the City of Albertville, for the following purposes: GENERAL FUND $1,347,817 DEBT SERVICE FUNDS 1992 Sewer Trunk Bond $ 8,500 1993C Refunding Bond $ 25,000 1996A G.O. Bond $ 5,598 1999A G.O. Bond $ 41,846 1999 Public Facilities Bond $ 82,005 2. The City Clerk is hereby instructed to transmit a certified copy of such levy to the County Auditor of Wright County, Minnesota, to be placed upon the tax rolls the property within the City of Albertville. ADOPTED BY THE ALBERTVILLE CITY COUNCIL THIS 16th DAY OF DECEMBER, 2002. Scott Wallace, Mayor Linda Goeb, City Clerk CITY OF ALBERTVILLE RESOLUTION # 2002-39 A RESOLUTION ADOPTING THE 2003 FINAL BUDGET WHEREAS, the City Council of the City of Albertville has adopted a proposed budget; and WHEREAS, the Albertville City Council has adopted a final tax levy to be placed upon the taxable property in the City of Albertville; and WHEREAS, the Albertville City Council desires to reserve within the General Fund those monies designated as capital outlays within various budget classifications, such that those monies can be disbursed only for those capital outlays so specified within the budget. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ALBERTVILLE, MINNESOTA: 1. The attached budget is hereby adopted as the final budget for the City of Albertville for the period January 1, 2003, through December 31, 2003. 2. All monies designated within the budget as capital outlays shall be reserved within the Capital Reserves Fund, such that those monies can be disbursed only for those capital outlays so specified within the budget. 3. The Albertville City Council has hereby complied with Minnesota Statutes. 4. The City Clerk is hereby authorized to transmit certification of compliance with Minnesota Statutes to the Commissioner of Revenue as required. ADOPTED BY THE ALBERTVILLE CITY COUNCIL THIS 16TH DAY OF DECEMBER, 2002. Scott Wallace, Mayor Linda Goeb, City Clerk lbertVille Small Town uving. Big ClW We. 2003 Final Budget.xls 1 of [Pages] 2003 Final Budget R 101-31010 Current Ad Valorem Taxes $ 1,347,817.00 R 101-31020 Delinquent Ad Valorem Taxes $ _ R 101-31050 Tax Increments $ R 101-31900 Penalties and Interest DeiTax $ _ R 101-32100 Business Ucenses/Permlts $ 15,000.00 R 101-32110 Liquor Licenses $ 12,000.00 R 101-32120 3.2 Licenses $ 200.00 R 101-32150 Sign Permits $ 3,500.00 R 101-32210 Building Permits $ 400,000.00 R 101-32240 Animal Licenses $ 500.00 R 101-33401 Local Government Aid $ 61,953.00 R 101-33402 HACA $ - R 101-33405 Police Aid $ 12,500.00 R 101-33406 Fire Aid $ 20,000.00 R 101-33422 Other State Aid Grants $ 8,151.00 R 101-33620 Other County Grants/Aid $ 8,000.00 R 101-34000 Charges for Services $ 7,500.00 R 101-34101 Lease Payment- City Property $ 950.00 R 101-34103 Zoning and Subdivision Fees $ - R 101-34105 Sale of Maps and Publications $ - R 101-34106 PID/Legal Description Requests $ 1,000.00 R 101-34107 Assessment Search Fees $ 1,000.00 R 101-34109 Other Gen Govt Charges $ R 101-34202 Special Fire Protection Srvs $ 40,000.00 R 101-34780 Park Fees $ 2,000.00 R 101-34950 Other Revenues $ - R 101-35000 Fines and Forfeits $ 100.00 R 101-36200 Donations $ _ R 101-36210 Interest $ 25,000.00 Is 1,967,171.00 2003 Final Budget.xls 2 of [Pages] City Council E 101-41100-100 Wages and Salaries GENERAL $14,400 E 101-41100-122 FICA $1,012 E 10141100-151 Worker's Comp Insurance Prem $200 E 101-41100-200 Office Supplies GENERAL $300 E 101-41100-208 Training and Instruction $500 E 101-41100-300 Professional Srvs GENERAL $7,500 E 101-41100-331 Travel Expenses $200 E 101-41100-351 Legal Notices Publishing $6,000 E 101-41100-361 General Liability Ins $7,000 E 101-41100433 Dues and Subscriptions $5.000 2003 Final Budget.xls 3 of [Pages] City Administrator E 101-41300-101 Full -Time Employees Regular $52,500 E 101-41300-121 PERA 2,903 E 101-41300-122 FICA 4,016 E 101-41300-131 Employer Paid Health $10,000 E 101-41300-151 Worker's Comp Insurance Prem $200 E 101-41300-200 Office Supplies GENERAL $500 E 101-41300-208 Training and Instruction $500 E 101-41300-331 Travel Expenses $500 E 101-41300-361 General Liability Ins $0 E 10 1 -41300-433 Dues and Subscriptions $100 E 101-41300-560 Furniture and Fixtures $500 E 101-41300-570 Office Equip and Furnishings $3,000 2003 Final Budget.xls 4 of (Pages] City Offices E 101-41400-101 Full -Time Employees Regular $98,000 E 101-41400-102 Full -Time Employees Overtime $1,000 E 101-41400-104 Temporary Employees Regular $3,000 E 101-41400-121 PERA $5,641 E 101-41400-122 FICA $7,803.0 E 101-41400-131 Employer Paid Health $30,000 E 101-41400-151 Worker's Comp Insurance Prem $350 E 101-41400-200 Office Supplies GENERAL $4,000 E 101-41400-208 Training and Instruction $750 E 101-41400-301 Auditing and Acct'g Services $10,000 E 101-41400-322 Postage $3,500 E 101-41400-323 Nextel Radio Units $2,700 E 101-41400-331 Travel Expenses $250 E 101-41400-361 General Liability Ins $5,250 E 101-41400-404 Re air/Maint - Machinery/Equip $750 E 101-41400-413 Office Equipment Rental $2,000 E 10 1 -41400-433 Dues and Subscriptions $100 E 101-41400-560 Furniture and Fixtures $1,000 E 101-41400-570 Office Equip and Furnishings $3,000 E 101-41400-592 Elections $0 2003 Final Budget.xls 5 of [Pages] City Assessor E 101-41550-300 Professional Srvs $18,000 2003 Final Budget.xls 6 of [Pages] City Attorne E 10 1 -41600-304 Legal Fees $24,000 2003 Final Budget.xls 7 of [Pages] City Engineer E 101-41700-303 Engineering Fees $60,000 2003 Final Budget.xis 8 of [Pages] Economic Development E 101-41800-101 $10,000 E 101-41800-200 Office Supplies GENERAL $2,000 E 101-41800-208 Training and Instruction $500 E 101-41800-331 Travel Expenses $200 E 101-41800-433 Dues and Subscriptions $1,000 E 101-41800-511 Taxes on City Pro a $4,000 E 101-41800-599 TIF Local Contribution $5,000 2003 Final Budget.xls 9 of [Pages] Planning & Zoning E 101-41910-100 Wages and Salaries GENERAL $1,200 E 101-41910-109 Wages - Zoning Administrator $0 E 101-41910-122 FICA $92 E 101-41910-200 Office Supplies GENERAL $250 E 101-41910-208 Training and Instruction $500 E 101-41910-306 Planning Fees $25,000 E 101-41910-331 Travel Expenses $250 2003 Final Budget.xls 10 of [Pages] Buildings & Plants E 101-41940-210 Operating Supplies GENERAL $1,000 E 101-41940-321 Telephone $6,000 E 101-41940-361 General.Liability Ins $5,250 E 101-41940-381 Electric Utilities $3,000 E 101-41940-383 Gas Utilities $2,000 E 101-41940-384 Refuse/Garbage Disposal $1,500 E 101-41940-399 Miscellaneous $3,000 E 10 1 -41940-404 Re air/Maint - Machinery/Equip $500 E 101-41940-405 Re air/Maint -Buildings $5,000 E 101-41940-520 Buildings and Structures $85,000 E 10 1 -41940-530 Improvements Other Than Bld s $1,000 E 101-41940-560 Furniture and Fixtures $1,000 E 101-41940-580 Other Equipment $1,600 2003 Final Budget.xls 11 of [Pages] Fire Department E 101-42000-100 Wages and Salaries GENERAL $9,000 E 10 1 -42000-106 Wages - Fire Calls $25,715 E 101-42000-107 Fire Training $10,000 E 101-42000-108 Medical Training $9,025 E 101-42000-122 FICA $4,115 E 101-42000-124 Fire Pension Contributions $14,475 E 101-42000-150 Worker's Comp GENERAL $3,885 E 101-42000-200 Office Supplies GENERAL $3,450 E 101-42000-212 Motor Fuels $1,600 E 101-42000-301 Auditing and Accirg Services $2,000 E 10 1 -42000-305 Medical - Physicals $1,500 E 101-42000-321 Telephone $1,500 E 101-42000-331 Travel Expenses $1,000 E 101-42000-361 General Liability Ins $3,000 E 101-42000-381 Electric Utilities $2,500 E 101-42000-383 Gas Utilities $2,500 E 101-42000-404 Re air/Maint - Machinery/Equip $5,000 E 101-42000-405 Re air/Maint -Buildings $3,000 E 101-42000-417 Uniform Rentals $500 E 101-42000-433 Dues and Subscriptions $600 E 101-42000-447 C/O - Furniture $2,500 E 10 1 -42000-521 C/O - Fire Hall $40,000 E 101-42000-551 C/O - Fire Trucks $50,000 E 10 1 -42000-591 C/O - Air Com $5,000 E 101-42000-593 C/O Thermal 1 $4,000 E 10 1 -42000-583 C/O - Hose $1,500 E 10 1 -42000-584 C/O - Trunout Gear $3,600 E 10 1 -42000-585 C/O - Air Packs $3,000 E 10 1 -42000-586 C/O - Pagers $2,000 E 10 1 -42000-587 C/O - Tools $3,000 2003 Final Budget.xls 12 of [Pages] Police E 101-42110-307 Police Contract Fees $254,040 2003 Final Budget.xls 13 of [Pages] Building Inspections E 10 1 -42400-101 Full -Time Employees Regular $ 87,880 E 101-42400-104 Temporary Employees Regular $ 12,000 E 101-42400-121 PERA $ 5,523 E 101-42400-122 FICA $ 7,641 E 101-42400-131 Employer Paid Health $ 20,000 E 101-42400-151 Worker's Comp Insurance Prem $ 200 E 101-42400-200 Office Supplies GENERAL $ 1,000 E 101-42400-208 Training and Instruction $ 500 E 101-42400-212 Motor Fuels $ 2,500 E 101-42400-32100 Telephone $ 1,200 E 101-43100-323 Nextel Radio Units $ 1,500 E 101-43100-331 Travel Expenses $ 250 E 10 1 -42400-446 - C/O - Vehicle $ 5,000 E 101-42400-570 - C/O - Office Equipment & Furniture 1 $ 2,500 2003 Final Budget.xis 14 of [Pages] Animal Control E 10 1 -42700-309 Animal Control Contract $3,000 2003 Final Budget.xls 15 of [Pages] Public Works - Streets E 101-43100-101 Full -Time Employees Regular 41,193 E 101-43100-102 Full -Time Employees Overtime $3,000 E 101-43100-104 Temporary Employees Regular $0 E 101-43100-121 PERA $2,510 E 101-43100-122 FICA $3,787 E 101-43100-130 Employer Paid Ins GENERAL $12,500 E 101-43100-151 Worker's Comp Insurance Prem $3,000 E 101-43100-208 Training and Instruction $750 E 101-43100-212 Motor Fuels $5,500 E 101-43100-215 Shop Supplies $3,500 E 101-43100-221 Ice Removal $8,000 E 101-43100-222 Sand & Gravel $1,000 E 101-43100-223 Seal Coating $10,000 E 10 1 -43100-224 Street Overla ment $100,000 E 10 1 -43100-226 Sin Repair Materials $1,500 E 101-43100-227 Street Sweeping $5,000 E 101-43100-321 Telephone $1,300 E 101-43100-323 Nextel Radio Units $675 E 101-43100-329 Civil Defense Siren $3,000 E 101-43100-331 Travel Expenses $150 E 101-43100-381 Electric Utilities $1,200 E 101-43100-383 Gas Utilities $3,000 E 101-43100-400 Re air/Maint - Paved Rd $6,000 E 101-43100-401 Re air/Maint - Unpaved $4,000 E 101-43100-402 Re air/Maint - Sidewalks $8,000 E 101-43100-403 Re air/Maint - Catch Basins $500 E 101-43100-404 Re air/Maint - Machinery/Equip $8,000 E 101-43100-405 Re air/Maint - Buildin s $4,000 E 101-43100410 Rentals GENERAL $500 E 101-43100-417 Uniform Rentals $800 E 101-43100-433 Dues and Subscriptions $500 E 101-43100-522 C/O - PW Building $75,000 E 101-43100-541 C/O -Tractor/Loader $28,000 E 10 1 -43100-542 C/O - Snow Plow $20,000 E 101-43100-552 C/O - Pick-up $2,500 E 101-43100-581 C/O - Mower $5,000 E 101-43100-582 C/O - Misc. Equipment $2,500 2003 Final Budget.xls 16 of [Pages] Public Works - Street Lighting E 101-43160-381 Electric Utilities $40,000 2003 Final Budget -As 17 of [Pages] Recycling E 101-43200-308 Recycling Contract Fee $35,000 2003 Final Budget.xls 18 of [Pages] Culture & Recreation E 10 1 -45000-596 Friendly City Days $4,250 E 101-45000-597 Ice Arena Funding $15,000 E 101-45000-598 Pledges & Contributions $15,000 2003 Final Budget.xls 19 of [Pages] Parks & Recreation E 101-45100-101 Full -Time Employees Regular $46,463 E 101-45100-102 Full -Time Employees Overtime $0 E 101-45100-104 Temporary Employees Regular $5,000 E 101-45100-121 PERA $2,543 E 101-45100-122 FICA $3,838 E 101-45100-130 Employer Paid Ins GENERAL $12,500 E 101-45100-151 Worker's Comp Insurance Prem $3,000 E 101-45100-208 Training and Instruction $500 E 101-45100-210 Operating Supplies GENERAL $3,000 E 101-45100-212 Motor Fuels $1,000 E 101-45100-321 Telephone $700 E 101-45100-323 Nextel Radio Units $675 E 101-45100-331 Travel Expenses $200 E 101-45100-361 General Liability Ins $4,620 E 101-45100-381 Electric Utilities $2,700 E 101-45100-383 Gas Utilities $1,500 E 101-45100-384 Refuse/Garbage Disposal $1,000 E 101-45100-404 Re air/Maint - Machinery/Equip $4,000 E 101-45100-405 Re air/Maint -Buildings $2,000 E 101-45100-415 Other Equipment Rentals $2,500 E 101-45100-417 Uniform Rentals $750 E 101-45100-523 C/O - Park Buildings $2,000 E 101-45100-530 Improvements Other Than Bld s $10,000 E 10 1 -45100-552 C/O - Pick-up $4,000 E 10 1 -45100-588 C/O - Park Mach/EquipMach/Equip $7,500 E 101-45100-589 C/O - Park/Trail Construction $20,000 E 10 1 -45100-595 City Special Assessments $3,200 2003 Final Budget.xls 20 of [Pages] Capital reserves E 101-49300-650 Working Capital Reserves $0 E 101-49300-660 Capital Projects Reserve $50,000 E 101-49300-670 Transportation Imp. $ 100,000 CITY OF ALBERTVILLE RESOLUTION # 2002-40 A RESOLUTION APPOINTING PERSONNEL WHEREAS, the City Council is desirous of appointing personnel for the City of Albertville effective January 1, 2003 ; and WHEREAS, the City Council is determining that the assignment of personnel are set forth herein. NOW, THEREFORE, BE IT RESOLVED that the City Council of Albertville, Wright County, Minnesota, hereby appoints the following personnel as the City's officers and employees based on employee classification. City Administrator Linda Goeb City Clerk/Treasurer Bridget Miller Secretary/Receptionist Terri Hedquist Building Official Jon Sutherland Public Works Supervisor Tim Guimont Maintenance Worker II Ken Lindsay Maintenance Worker I Michael Jenkins Water/Wastewater Operator John Middendorf BE IT FURTHER RESOLVED, that upon adoption, this resolution rescinds all previous Personnel Resolutions. ADOPTED BY THE CITY COUNCIL OF THE CITY OF ALBERTVILLE THIS 16th DAY OF DECEMBER, 2002. Scott Wallace, Mayor Linda Goeb, City Adminsitrator CITY OF ALBERTVILLE RESOLUTION # 2002-41 A RESOLUTION ESTABLISHING 2003 WAGES FOR CITY EMPLOYEES WHEREAS, the City Council is desirous of establishing the assignment of pay rates for the City of Albertville effective January 1, 2003; and NOW, THEREFORE, BE IT RESOLVED that the City Council of Albertville, Wright County, Minnesota, hereby establishes the following as its official pay rate to be used for the City's officers and employees based on employee classification. Classification Rate/Hour Linda Goeb, Administrator Bridget Miller, Clerk Terri Hedquist, Secretary/Receptionist Jon Sutherland, Building Official Tim Guimont, Head of Public Works Ken Lindsay, Maintenance Worker II Michael Jenkins, Maintenance Worker I John Middendorf, Water & Wastewater Operator $25.25 $16.00 $12.00 $31.25 $21.00 $18.75 $13.00 $20.50 BE IT FURTHER RESOLVED, that upon adoption, this resolution rescinds previous wage resolutions. ADOPTED BY THE CITY COUNCIL OF THE CITY OF ALBERTVILLE THIS 16'hDAY OF DECEMBER, 2002. Scott Wallace, Mayor Linda Goeb, City Administrator AN MEMORAM 1200 25th Avenue South, P.O. Box 1717, St. Cloud, MN 56302-1717 TO: Linda Goeb City Administrator Albertville, Minnesota FROM: Peter J. Carlson, P.E. City Engineer DATE: December 9, 2002 RE: Letter of Credit Reduction Cedar Creek North P Addition Albertville, Minnesota SEH No. A-ALBEV0102.00 14 320.229.4300 800.572.0617 320.229.4301 FAX The construction work for Cedar Creek North P Addition is complete with the exception of the final bituminous wear course. Our office has inspected the improvements and found them to be in compliance with city standard.. The improvements have been inplace for over a year. City's policy is to maintain 5 percent in the letter of credit in the second year following completion of the work. Therefore I recommend the letter of credit be reduced to $21,000. c: Mike Couri, City Attorney Don Jensen, Pilot Land Development g:\sccv\pers\carlson\ccn3loc.doc Short Elliott Hendrickson Inc. 0 Your Trusted Resource • Equal Opportunity Employer PILOT LAND DEVELOPMENT COMPANY PW Inly 16, 2002 Mr. Pete Carlson - City Engineer @ SEH Ms. Linda Goeb - City Administrator 5975 Main Avenue NE. Albertville, MN 55301 RE: Reduction to Letter of Credit # 16-01 for Cedar Creek North 3`d Addition Dear Mr. Carlson: Thank you the final punch list which was completed in order to place the final lift in October. The project is all set for winter and all lots have housing starts with only a few left to close and receive new fresidents. Warranty work for the project is 10% of the constructed project costs during the first year and 5% after the first construction season. Please confirm when the 5% warranty period can expire since the final lift is done. My proposed surety to remain for Karston Drive is as follows: 5% Sanitary and Water Utility Warranty 5% of storm sewer and street for Warranty Work left to complete for final lift Project Total security in letters of credit $94,287 * 5% _ $ 4,714 $85,829 * 5% _ $ 4,291 $22,960 * 5% _ $ 1,150 $10,155 Please issue confirmation to our lender Northeast State Bank and us regarding the lowering of this letter of credit. As your inspectors can verify, all work was completed per City standards. Please authorize a reduction to LOC #16-01 from $31,965 to $10,155 effective November 19. Please schedule this item for the next Council meeting and notify Maria of Northeast State Bank at 362-3264 (fax 362-3240) accordingly upon your concurrence with my math above. If you have any questions, please contact me. Sincerely, 11Y� Donald Jensen Vice President of Land Development Cc: Paul Kirchoff — Controller John Wilczek — Meyer Rohlin Maria Orlowski - NESB HAShared ltems\LANDDEV\LETTERS\PROJECTS\ALBRTVLE\ccn3SRTY.doc 13736 Johnson Street NE • Ham Lake, MN 55304 • 763-772-1001 • Fax: 763-757-4094 =SEN 1200 25th Avenue South, P.O. Box 1717, St. Cloud, MN 56302-1717 TO: Linda Goeb City Administrator Albertville, Minnesota FROM: Peter J. Carlson, P.E. City Engineer DATE: December 9, 2002 RE: Letter of Credit Cedar Creek South 6`h Addition Albertville, Minnesota SEH No. A-ALBEV0105.00 14 MEMORfJIM 320.229.4300 800.572.0617 320.229.4301 FAX All the construction work for Cedar Creek South 6 h Addition is complete. Our office has inspected the improvements and found them to be in compliance with city standards. City's policy is to maintain 5 percent in the letter of credit in the second year following completion of the work. Therefore I recommend the letter of credit be reduced.to $5,000. c: Mike Couri, City Attorney Don Jensen, Pilot Land Development g: =\Apers\cartson\ccs6loc.doc Short Elliott Hendrickson Inc. Your Trusted Resource 0 Equal Opportunity Employer PILOT LAND DEVELOPMENT COMPANY November 18, 2002 Mr. Pete Carlson - City Engineer @ SEH Ms. Linda Goeb - City Administrator 5975 Main Avenue NE. Albertville, MN 55301 RE: Letter of Credit #45-00 Reduction for Cedar Creek South 6`h Addition Dear Mr. Carlson: We have finished the final lift, site signage and all the landscaping except 4 units. These will be completed in the summer of 2003. We have completed first year warranty work on curb settlements and request a draw down of the LOC to conclude the fast year warranty period. Please process a reduction to the LOC for all items except the final landscaping, and formally accept the underground utility work. Turn Lanes have been turned over to Wright County DOH. During this calendar year we have completed the landscaping on 16 of the dwellings and the project entrance and center cul-de-sac island. This leaves 4 units to be landscaped during 2003. INH Management company is now fully coordinating the site maintenance responsibiliiities for our Homeowners Association. My proposed surety to remain is as follows: Cedar Creek South 6th Utility Warranty Jason Court Street work completed with 0% warranty Landscaping and Irrigation at $2500 per DU 4 Work left to complete for paving & adjustments Project Total security in letters of credit $ 52,775 * 0% = $ 0000 $ 39,444 * 0% = $ 0 $2500 = $10,000 $ 7,706 * 0% _ $ 0 $10,000 Please issue confirmation to our lender Northeast State Bank and us regarding the lowering of this letter of credit. As your inspectors can verify, all work was completed per City standards. Please authorize a reduction to LOC #45-00 from $42,421.00 to $10,000 effective November 19th. Please schedule this item for the next Council meeting and notify Northeast State Bank at 362-3264 (fax 362-3240) accordingly upon your agreement with my math above. If you have any questions, please contact me. Sin erely, Donald Jens Vice President of Land Development Cc: Kent Roessler, Pilot John Wilczek — Meyer —Roblin Linda Goeb - Albertville H:\Shared Items\LANDDEV\ETTERS\PROJECTS\ALBRTVLE\ccs6thSRTYreduc.doc 13736 Johnson Street NE - Ham Lake, MN 55304 - 763-772-1001 - Fax: 763-757-4094 1200 25th Avenue South, P.O. Box 1717, St. Cloud, MN 56302-1717 TO: Linda Goeb City Administrator Albertville, Minnesota FROM: Peter J. Carlson, P.E. City Engineer DATE: December 9, 2002 RE: Letter of Credit Reduction Towne Lakes Second Addition Albertville, Minnesota SEH No. A-ALBEV0306.00 14 MEMORAI U� 320.229.4300 800.572.0617 320.229.4301 FAX I have reviewed the work completed to date and recommend that the letter of credit be reduced to do less than $759,000. c: Mike Couri, City Attorney Dave Hempel, CPDC &Asccv\pm\caA onttownebe.&c Short Elliott Hendrickson Inc. 0 Your Trusted Resource 0 Equal Opportunity Employer 11/27;2002 12:3:5 FAI 651 90 77035 RDO MATERIAL HANDLING minesms wopwimnou w 1 . - -7 ` UQ1UOR CONTROL DIVISION 1 444 Cedar S. Saite 100 L. St. Pa LMN SS 101-2 156 • / (612)296.6434 TIY (612)2M.-6555 APPLICATION FOR COUN7Y1Ci'1Y ON -SALE WINE LICENSE -(Nit to exoead 14% of alt:obol by vdume) EVERY QUESTION MUST BIr ANSW ERED. Lf a aorparation. M okTim AiM ex wAc thw apptbcaiioa. Li' a pattmrshiP, a partoar shdl anceonte this applicatiaa.(PS 9114.94) Workaeoampaasai�n iaaaranee.vouapaaty. Nam fMeIJ 1Policy d LtCENSF.E'S SA1:. S U TA >p d To lY far robes tax #. oab1296# 181 err 1-80C-637.3777 Applicmta Natne(f iugiiness, Partmreit�. t osporatiaa) Tfg* Noao a t>t3A 13aa3aessAddreus : Bmiss"Pbone ApplimesHomPboae SoT M0 7- f 3h4 ' aw °mow sate zip c u 1 berrL w lt: this sPpticatiat Lf a traudw. *" Barad of f zow Livaase paW C New we 'C T Aw From To if a acme. tide. iftso and data of ttbdt of aadt aQlaar. K a ate' . ' ro name. addram and dste of birth of aach artacr. 7R w Hama and title re3, dtrt 'en- AddMU ST, t,C.a.� 'ir'��I/C 7j5S701 n e PFw,.10fl%ffN&wrndrk1C wo 7`',t a 1 Address 11364° 15 d Tot tr. Alt //q0 DOB /g'(o f e4daP7 ScO^'56401 .irv; W^ tt><r Hoot and rAlr "' ' Address OCB pat9doaloer Nwe and Title Addmw DOB ' CORPORA am Desoatpant �7T/ °0�pon`10A C .(aZ F— �AQa autl,aiaca�o do be:io+aa� as�oa a? wa sued"Y erierina }oavc raun. alms and add d'paratt nxrwaim BUILDING AND RESTAdTRANT i a ' ^don 'v oftffaaftm �?, ��►' 11{0 +De/f.,p "777 4 5 5 3.2 Ad. r`saX/ �+ t r y» ..3"S 3X Am papacy axaa ddihelax. Haatie buildegame my a =*dim. dwo or indted, tZaaays waimampady � 0 Yes b�lqo lic; t3 Yes "0 wdlbe raiWle No. taarhsparytarraearaat AI, a70 %W a a tvkibethepesep1cbubeW 54as 17 No >1�J`'t —f/ �'► i7 wet ba wm rhsprrriaae N sad � rA��.,' �a� s,�rdo� r1 �7''�k� e�,�r 0{e►f7�f� � U'iha teXau(ait s;n yaesiaa yr adtvr (�usnaa{rmanta� dlaa'!ba taa>a� ER lliut'FORMATION C Yes C No ! [as the appRunt err undatea'boen gamed am im-Wo nan4nw&, rsing malt boverap (3.2) au.ftr a'setaap' !intros In eats u ndin %IM this woo Balm? Yes tiiNo I. Is dw- applicant e r say of the assadates in this appliedlen a member of the county board or die city eamcil writ h will issue this licaam? Lfyc% in what a apac*? . Cif tit applicant is the spouse of a member of the pwwniag bat. or another family relatiousitip Was. the member shA not vote a1 this appucahoa ) Yes Val Durin$ die past limseyetar. bat a Ammons berm issued under the liquor civil liability(Dram Shop) (M.S. 340A.802). • Ifyo& mtaelt a oupy of the Amman. NO LICENSE W iLL BE APPROVED OR RELEASED UNTIL THE Sin RETAILER ID CARD P79E IS RfsCEIVED QY MLC. 11/27/2002 12:50 FAX 051 905 7055 RDO MATERIAL HUNDLING a00a Ycr :ON* Yes '*No Yes C Ko 6. t [as applicant. paruws. O[f ieas or employees a•4rh *d am• hqwr liw viola ions is M ittncaota or eta bcm. tf qo. give names, dues. violuions and Cmal outcoruc Does an}• per3ft oilier than the applicants. bsve any right. title or infW" ill the fhraiture. Ptxtures or equipatent in the licensed premises? tfyes. give naves and details. t !a�•e the applicmts mY �tereats. ditbct�y or mdirecih•. is m} other liquor establiviuncats is Miaacsda? Ifyes. g vs nano and address of the estabUa6ment 1 CERTIFY '11 AT i liAvl; kl:AD m BEST OF MY OWN KNOWI.EDMi TfIAT T� ANSWERS ARE TRUE; AND) CORRECT TO •l M The liwaanvZ9S have cn_ of the tallow mg; �l A. Liq�w Liahi* la raace (Dram stop) SSO 000 per pasoa: S 100.000 more than a p�ssm. S t0,040 property desttyctioa; SM-000 and S 100000 lbr loss of mems Of support. ATTAC14 "CERTIFICATE OF INSURANCE' TO TMS FORM. Ira'H. A $'ureay bard fram a sofa}• c=P=Y with miolmam coverage as sp Ticd above u A. O C. A dcciificatefrmn the State Treasurer 1bat the LiQeaaae has deposited wirb the Stat4. Truax Funds having a taarlcet valve of S ]MA O at S MO-000 in cash or mcurbies. IF LICENSE IS ISSUED BY THE COUIr!' N BOARD. REPORT OF COUNTY ATTORNEY C Yos b Nc I oath}• that to the best oran, knowledge the applicants named above are elipbic to be ticeosed. 1Pn0, stata reason. Sigaatsrc County Attorney County fate REPORT BY POLICE OR SHERIFFS DEPARTMENT This is to cert* 11at the applicant and the associates, n arned herein have not been amictod within the p m jrvc yeas for my violatica of Laws orthe Rate OrM,inocaota. M=Icipal or CottnW. Or+dia ces relvt s to futoxicating Liquor, except as Ibliow Si store Title Department Nape IMPORTANT NOTICE ALL RETAIL .LIQUOR LICENSEES MUST HAVE A CURRENT FEDERAL SPECIAL OCCUPATIONAL STAMP. THIS STAMP IS ISSUED BY THE BUREAU OFALCOHOL, TOBACCO AND FIREARMS. FOR INFORMATION, CALL (6I2)290-3496 11,r27/2002 12:36 FAI 831 903 7033 RDO KATERIAL HANDLING 0 o#.Min neso SECRETARY OF STATE. CERTIFICATE OF INCORPORATION I, Mary Kiffmoyer, secretary of State of Minnesota, do Certify that: Articles of Incorporation, duly signed and acknowledged under oath, have been filed on this date in the Office of the Secretary of state, for the incorporation of the following corporation, under and in accordance with the provisions of the chapter of Minnesota Statutes listed below. This corporation is now legally organized under the lawig of Minnesota. Corperate Name: Rona Thai, Inc. Corporate Charter Number: 12F-611 Chapter Farmed Under: 302A . This certificate has been issued on 06/20/2002. � . .. Aw *& 4 . .0 ■ a . l CrryorAm MEMaRAND IM TO: M "r acid y cesn" FROM: Joins Mi%hseisx waa vs#cr De rrtmssst DATE: Doe subw Ut SUE. er: son T t Fae�ity Report I would Me to switch oar meter installation method. I'm having trouble with the one -inch main valve that is bed installed by the water and sawar a tcavators. They are using cheep valves and the valm we failing in a short .time. I would like to switch to a meta valve 'instead of flaw meter horn. This way the city could m4VIy the meter valve kwing the quality. The coed savings is about $7.00 per homelmeber. Meter valve and meter connection _ $22.75 Meta horn and meter horn connctions = $29.55 The test rewlts we complete on ties sludge fiem Pond I and 2 cmteined of area. There is that would revent 6n material from being land applied. I will c ontmue to got poposals from contractorsfor 2 S97S Muria Arm P.O. Box 9 AlbertWB*, MN SSM1 (612) 497 33M Fax: (612) 497 3214 t�**o�r��o4�e*s�os�t*��o�e�oo*#ofoo##0000�r,�000:�o�e�*#s�tt�r�t�r*o�o�rs� Ms WOM um w '1'l INTO CITY BALL BY 4:30 PK "M t�A! 212 CIT! COUNCIL XMING. DUPARTMT/ADDRZ": OWMI�Lel- BUSINB" TO St ADDRZSBZD BY CITY COUNCIL: t ACTION RZQQBST=D OF COUNCIL: SIQNBD: DATB: "ORT WItST ASSOCIAxIto C61143VIL 5775 Wayzata Boulevard, Suite 555, St. Louis Park, MN 55416 Telephone:952.595.9636 Facsimile:952.595.9837 planners@nacplanning.com December 4, 2002 Gary Vetsch PO Box 21 Albertville, MN 55301 RE: Albertville —Accessory Residential Use Findings of Fact FILE: 163.06-02.26 Dear Mr. Vetsch, This office serves as the City Planner for the city of Albertville. The purpose of this letter is to provide you with the City Council Findings of Fact and Decision regarding the proposed accessory residential use on the second floor of the existing commercial use at 5772 Main Avenue NE. Previously, on November 12th, the Planning Commission had recommended denial of your conditional use permit for accessory residential unit. However at the December 2"d City Council meeting, the accessory residential use was considered and the Council continued your request to the December 16"' meeting. Please review the attached findings for CUP approval. The conditions attached to the findings for approval will be asked to be completed in conjunction with issuance of the building permit. If you have questions or comments regarding the information contained in this letter, please feel free to contact me directly at (952) 595-9636. Sincerely, Nyngrixilus. EST ASSOCIATED CONSULTANTS, INC. AConsultant Planner pc Linda Goeb, City Administrator APPRoMAw CITY OF ALBERTVILLE City Council Findings of Fact & Decision Conditional Use Permit Variance Applicant's Name: Gary Vetsch Request: The applicant is requesting a conditional use permit (CUP) in order to allow an accessory residential use on the second floor of an existing commercial use (Smack Down's Bar and Grill). The applicant's building is an existing non -conforming structure in the B-4 District. The applicant is requesting a variance to the rear and side yard setback requirements. Planning Commission Public Hearing Date: November 12th, 2002 City Council Meeting Date: December 2"d, 2002 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 November 7, 2002 prepared by NAC is incorporated herein. B. Comments from the City. Engineer are incorporated herein. C. The Planning Commission Recommendation for the application is incorporated herein. D. Expansion of the nonconforming structure, in connection with compliance of the required conditions of approval outlined herein, will lessen the non -conformity. E. The Conditional Use Permit is in substantial compliance with the Albertville Zoning Ordinance (with the conditions of approval outlined herein). F. The Variance is in substantial compliance with the Albertville Zoning Ordinance (with the conditions of approval outlined herein). Gary Vetsch/Smack Down's Bar and Grill Findings of Fact and Decision Decision: Based on the foregoing considerations and applicable ordinances, the Conditional Use Permit and Variance are approved based on the most current plans and information received to date, subject to the following conditions: 1. The accessory residential use must be an owner occupied unit. 2. The parking lot is to be paved and striped in accordance with City Code Section 1200.4. A paving plan is to be submitted and approved by City Staff prior to paving. Curbing and landscaping is to be included as illustrated in Exhibit E. 3. The curb cut at the southeast corner of the parcel is to be removed. 4. A joint parking agreement with St. Albert Parish Center allowing continued use of their parking lot should be signed and submitted to City staff, suitable to the review and approval of the City Attorney. 5. The dumpster is to be enclosed and screened form view in accordance with City Code Section 1000.15(b), subject to City Planner review and approval 6. Any lighting added to the entrance of the residential use and all existing lighting should be modified to deflect light away from adjoining residential area as described in Section 1000.10 of the City Ordinance, subject o City Planner review and approval. 7. Rear entry/exit from bar is to be used for handicap accessibility or emergency exit, not for normal everyday use. 8. Building code concerns are addressed and satisfied via the Building Official. 9. With the parking lot paving plan, a site drainage plan should also be submitted that illustrates site drainage patterns and addresses site drainage along the shared eastern lot line. The -drainage plan shall be subject to City Engineer review and approval. Adopted by the Albertville City Council this 2"d day of December 2002. Attest: 0 Linda Goeb, City Administrator 2 City of Albertville By: Scott Wallace, Mayor Gary Vetsch/Smack Down's Bar and Grill Findings of Fact and Decision CITY OF ALBERTVILLE City Council Findings of Fact & Decision Conditional Use Permit Variance Applicant's Name: Gary Vetsch Request: The applicant is requesting a conditional use permit (CUP) in order to allow an accessory residential use on the second floor of an existing commercial Use (Smack Down's Bar and Grill). The applicant's building is an existing non -conforming structure in the B-4 District. The applicant is requesting a variance to the rear and side yard setback requirements. Planning Commission Public Hearing Date: November 12, 2002 City Council Meeting Date: December 2"d, 2002 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 November 7, 2002 prepared by NAC is incorporated herein. B. Comments from the City Engineer are incorporated herein. C. The Planning Commission Recommendation for the application is incorporated herein. D. The Variance is not in compliance with the required conditions for approval as described in Section 500 of the Albertville Zoning Ordinance. D1. The proposed project fails to show hardship and the extension of the structure into the side yard increases the nonconformity. Decision: Based on the foregoing considerations and applicable ordinances, the Conditional Use Permit and Variance are denied based on the most current plans and information received to date. Adopted by the Albertville City Council this 2"a day of December 2002. Attest: in Linda Goeb, City Administrator City of Albertville By: Scott Wallace, Mayor "ORTIAWIST ASSOCIATID t*14SULTANxs4, 414C 5775 Wayzata Boulevard, Suite 555, St. Louis Park, MN 55416 Telephone:952.595.9636 Facsimile:952.595.9837 planners@nacplanning.com PLANNING REPORT TO: Albertville Planning Commission Linda Goeb, City Administrator FROM: John Glomski / Alan Brixius DATE: November 7, 2002 RE: Albertville - Gary Vetsch Conditional Use Permit and Variance request FILE NO: 163.06 - 02.26 BACKGROUND The applicant, Mr. Gary Vetsch, is requesting a conditional use permit (CUP) in order to allow an accessory residential use on the second floor of an existing commercial use (Smack Down's Bar and Grill). The applicant's property is located at 5772 main avenue north east and is zoned B-4, General Business District. The applicants building is an existing non -conforming structure in that it does not meet the following performance standards as described in City Code; 1) 20' Rear yard setback 2) 20' Side yard setback when abutting a residential use 3) Surface treatment for off street parking 4) Parking stall deficiency 5) Location and screening of dumpster 6) Curb cut location The site abuts a single family Residential property to the east and the proposed building addition will further reduce the existing setback from this Residential property. A non -conforming use or structure is not allowed to be expanded unless the nonconformity is lessened. The applicants request results in the need for a variance to the two setback requirements. The remaining non -conformities should be brought into conformance via conditions of the conditional use permit as described in this report. The Planning Commission and City Council will make the decision whether or not the improvements required by the conditional use permit are sufficient in lessening the nonconformity and allowing for the needed variances. The applicants request was discussed during the October 8, 2002 Planning and Zoning Commission meeting, however without a quorum there was no action taken on the issue. Attached for Reference: Exhibit A: Site Survey Exhibit B: Rear Building Elevation Exhibit C: Side Building Elevation Exhibit D: Site Pictures Exhibit E: Possible Parking Layout ISSUES ANALYSIS Conditional Use Permit: A residential use is allowed in a combined structure in the B- 4 district, provided that: 1) When combined with a non-residential use, the uses are separated on independent floors of the structure. Finding: The proposed residential use will be located on a separate floor with a separate enclosed entrance via a stairs at the rear of the building. 2) The provisions of Section 400.2(e) of this Chapter are considered and satisfactorily met. (1) The proposed action has been considered in relation to the specific policies and provisions of and has been found to be consistent with the official City Comprehensive Plan. Finding: The location of the applicants property is on the border of the B-4 commercial district and the R-1, single family district, in the older central business district of Albertville. The applicants proposal is consistent with the goals and policies of the comprehensive plan in that it is a redevelopment of the central business district. The following are a list of goals and policies of the comprehensive plan that relate to this proposal; Maintain and improve the commercial, retail service focal points for the community. Promote redevelopment efforts to acquire and redevelop substandard and/or non -conforming buildings and properties in conformance with the established district plans. 2 Promote redevelopment of older businesses. Protect and preserve existing neighborhoods. (2) The proposed use is or will be compatible with present and future uses of the area. Finding: The site abuts a residential use with only a fence as a buffer separating the uses, raising some issues in regards to compatibility. Private reinvestment in the property along with adherence to conditions of the conditional use permit, such as garbage enclosure, paving of lot, location of curb cut, and proper hooding of lighting, may alleviate some negative compatibility issues. If the Planning Commission chooses to approve this project, these conditions need to be made in order to address this issue of compatibility. (3) The proposed use conforms with all performance standards contained herein. Finding: The proposed use will be located on the second floor of an existing non -conforming structure. The site is non -conforming in relation to setbacks, parking, trash enclosures, and curb cut location. The requested variances will bring the building closer to the adjoining residential use. If approved, Staff is suggesting a number of site improvements to reduce the site non -conformities and address issues of compatibility. The Planning Commission should determine if the improvements will justify the reduction in setbacks. (4) The proposed use will not tend to or actually depreciate the area in which it is proposed. Finding: Through private reinvestment that will bring this non -conforming site into closer compliance with City Code, this project may revitalize and improve the surrounding area. (5) The proposed use can be accommodated with existing public services and will not overburden the City's service capacity. Finding: The proposed use will not overburden the City's service capacity. (6) Traffic generated by the proposed use is within capabilities of streets serving the property. Finding: This is a single apartment use and thus shouldn't have much if any affect on increased traffic. 3 Variance: The applicants building is a nonconforming structure and site in that it doesn't meet several of the performance standards required by ordinance. The applicant will need a variance to solve the setback issues while the conditions of the CUP will attempt to resolve the remaining issues. Setback Issues: rear yard required: 20' rear yard provided: 17' side yard required: 20' when abutting residential side yard provided: 14.4' side yard after expansion: 9' Finding: This request will expand the non -conformity in that the new entrance will encroach further into the side yard setback and to the adjoining residential property. Staff is suggesting a number of conditions and site improvement to reduce the non- conformity. The Planning Commission should determine if the improvements will justify the reduced setbacks and request for variance. The Zoning Ordinance, Section 500, sets out specific criteria for the review of variance requests. Essentially, the property owner seeking the variance must show that the variance is necessary to allow reasonable use of the property, and that there is hardship in meeting the basic zoning regulations that is peculiar to the land, structure or building involved. Finding: Section 500.1(c)(2)a.3. states that special conditions and circumstances causing undue hardship shall not be a result of lot size or building location when the lot qualifies as a buildable parcel. Consequently, there isn't a clear cut hardship in this particular case. However, it should be noted that the ordinance, in Section 900.2(i), does allow for a non -conforming use of a structure of land to be changed to lessen that non -conformity of use. It is possible that with the granting of the variance and adherence to the recommended conditions and site improvements that the outcome will be a lessening of the non -conformity and an overall improvement to the area. Parking Issues: The use is currently deficient in parking in that it provides approximately 15 off street stalls when the ordinance requires between 50 and 70 for this particular use. (Staff does not have the floor plan of the building, thus was unable to figure out the exact amount, which is based on sq. footage of dining/bar and kitchen) The ordinance does allow for a use to be deficient by up to 50% of the required parking with a joint parking CUP. In addition the existing parking does not have any curbing, pavement, or striping per ordinance requirement. Finding: It has been noted by city staff that the lack of parking has been an issue for the Smack Down Bar, particularly during peak hours and weekends when parking tends to spill across the street to the St. Albert Parish Centers parking lot. As a result debris is often left behind. Staff has review possible parking layouts and as shown in (Exhibit E) came up with a possible layout providing 17 stalls, a location for the trash enclosure, and elimination of the curb cut on the south east corner of the parcel M Although the applicant will not be able to meet the 50% requirement, a joint parking agreement between the applicant and St. Albert Parish Center should be a condition of the CUP so the applicant can take some responsibility for the maintenance and clean up of the parking lot they are currently using. A paving plan needs to be approved by the city engineer and the parking lot should be paved and striped in accordance with City Code, Section 1200.4. Screening and Landscaping: The Ordinance, Section 1000.7, requires that a business abutting a property zoned for residential use provide screening along the boundary of the residential property. Finding: The residential parcel to the east of the applicants property has provided a fence, however the applicant has not provided for any screening or landscaping along the boundary. There may not be room to provide additional screening as required in Section 1000.7 of the ordinance, however, by limiting glare from existing and additional lighting and enclosing the stairwell, the encroachment should have a minimal effect and may improve the overall appearance of the structure. Glare: The Ordinance, Section 1000.10, requires that any lighting used to illuminate an off-street parking area, sign or other structure, shall be arranged as to deflect light away from any adjoining residential zone or from the public streets. The source of lights shall be hooded or controlled in some manner so as not to light adjacent property. Finding: As a condition of the CUP, any lighting added to the entrance to the new use as well as all existing lighting should be hooded so as not deflect light into the adjoining residential property, subject to review of the City Planner. Location and Screening of Dumpster: The Ordinance, Section 1000.15, requires dumpsters to be located in the rear or side yard and screened from neighboring properties. Finding: The applicant currently has his dumpsters unscreened and located in the parking lot. As a condition of the CUP, the dumpsters should be enclosed and screened from view as described in Section 1000.15(b) of the Ordinance. Enclosure plan subject to review of the City Planner. Curb Cut Location: City Ordinance, Section 1200.4(9), states that except with special approval from the zoning administrator, curb cut openings shall be a minimum of five feet from the side yard property line in all districts. Finding: The applicant currently has a curb cut on the south east corner of the lot that splits the lots line, partially on the neighboring property. As a condition of the CUP, the curb cut should be removed or located in a position further west that meets the requirements of city code. A paving plan should be approved by the city engineer. RECOMMENDATION This was a very difficult application to review. The Planning Commission has two alternatives. One option would be to deny the request for variance based on the finding that the requirement for showing hardship has not been met, thus eliminating the need for a conditional use permit. The second option would be for the Planning Commission to approve the variance and conditional use permit based on the finding that the suggested site improvements and conditions will lessen the non -conformity of the site and improve the overall area. Staff is supportive of both alternatives with alternative two being subject to the conditions outlined below. 1) Parking lot is to be paved and striped in accordance with City Code -Section 1200.4. A paving plan is to be submitted and approved by City Staff prior to paving. Curbing and landscaping is to be included as illustrated in Exhibit E. 2) Curb cut at south east corner of the parcel is to be removed. 3) A joint parking agreement with St. Albert Parish Center allowing continued use of their parking lot should be signed and submitted to city staff, suitable to the review and approval of the City Attorney. 4) Dumpster should be enclosed and screened from view in accordance with City Code Section 1000.15(b), subject to City Planner review and approval. 5) Any lighting added to the entrance to the residential use as well as all existing lighting should be arranged as to deflect light away from adjoining residential areas as described in Section 1000.10 of the City Ordinance, subject to City Planner review and approval. 6) Rear entry/exit from bar should be used for handicap accessibility or emergency exit only and not for normal everyday use. 7) Building code concerns are met and approved by the building code official. 8) Any further conditions required by the city engineer. pc: Mike Couri Pete Carlson Gary Vetsch 0 • . 11/01/2002 10:58 7634970774 PAGE 01 A. MOE ARCHITECTS INC. FW NO. : 7634415469 Dec. 86 2001 10:10AM P1 _.. DOUGLAS A. YOE ARCHITDCTi IMCORPORATBD lies♦ Yi11• it►aat ' !lk!'y 1t1Yer. M1Mn,&aotg Sii*0 �0�ss1-s4ii pewso" P066 EXHIBIT A U. 0 w 2Td Wd6£:Z0 Z00Z 80 ';00 I � tU X p 0TZ£L6b£9L 'ON Xdd -- .— -I'-. il EXHIBIT 6 877 I A183ald d0 Ai I 0 : W08 i FROM : CITY OF ALBERTVILLE FAX NO. : 7634973210 Oct. 08 2002 02:38PM P11 I EXHIBIT C 12. SeC�) NORTHWEST ASSOCIATED CONSU 5775 Wayzata Boulevard, Suite 555, St. Louis Park, MN 55416 Telephone: 952.595.9636 Facsimile: 952.595.9837 planners@nacplanning.com MEMORANDUM TO: Linda Goeb FROM Alan Brixius DATE: December 10, 2002 RE: Albertville — JMJ PUD Zoning FILE NO: 163.06 — 02.07 On December 2, 2002, the Albertville City Council approved the JMJ Outlet Mall Third Phase planned unit development, final plat and related conditional use permits. The PUD approval is a change in zoning from B-3 to PUD, however, I did not have a specific ordinance for Council approval that night. The attached ordinance reflects the City's approval of the Outlets of Albertville 2" Addition planned unit development. Please put on the City Council agenda for their consideration and signature. With the approval of this PUD ordinance, only those uses and site design, as identified in the development agreement, may be allowed on the site. As such, the PUD District will be more restrictive than the B-3 current zoning or any other districts that we have in the City. cc: Mike Couri Pete Carlson CITY OF ALBERTVILLE WRIGHT COUNTY, MINNESOTA ORDINANCE NO.2002- /% AN ORDINANCE AMENDING THE ALBERTVILLE ZONING MAP OF THE ALBERTVILLE ZONING ORDINANCE THE CITY COUNCIL OF THE CITY OF ALBERTVILLE, MINNESOTA ORDAINS: Section 1. That the land hereafter described in the attached legal description is rezoned from B-3, Highway Commercial District to PUD, Planned Unit Development District and shall be governed by the PUD approval associated with the Outlets of Albertville 2"d Addition final plat and related PUD agreement. Section 2. This ordinance shall become effective from and after its passage and publication. APPROVED and adopted by the Albertville City Council this day of December 2002. Scott Wallace, Mayor ATTEST: Linda Goeb, City Administrator DEC-13-2002 11:03 NAC 612 595 9837 P.05/11 CITY OF ALBERTVILLE ApplicanCs Name: Especially for Children Day Care City Council Findings of Fact A Decision Conditional Use Permit Request; Especially for Children Day Care and properly owner Gary Danish have requested a conditional use permit (CUP) for the operation of a daycare facility in the B- 2 District and a Conditional Use Permit (CUP) for the construction of a special purpose fence to enclose the outdoor play area at WW LaCenter Suites 112-114. Planning Commission Public Hearing Date: December 10, 2002 City Council Meeting Date: December 16, 2002 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 December 4, 2002 prepared by NAC is Incorporated herein. B. Comments from the City Engineer are incorporated herein. C. The Planning Commission Recommendation for the application is incorporated herein. D. The Conditional Use Permit is in substantial compliance with the Albertville Zoning Ordinance (with the conditions of approval outiined herein). E. On 10 December 2002, the Albertville Planning Commission conducted a public hearing to consider the applicant's request, preceded by a published and mailed notice. Upon review of the application and evidence received, the Planning Commission dosed the public hearing and recommended that the City Council approve the project. F. On December 16, 2002 the City Council met to consider the conditional use permit application and the planning commissions recommendation. DEG-0-2002 11'04 NAC 612 595 9837 P.06i11 Decision: Based on the foregoing considerations and applicable ordinances, the Albertville City Council approves the Especially for Children Day Care Conditional Use Permits bsised on the most current plans and information received December 2, 2002 and December 10, 2002, subject to the following conditions: 1. -The applicant is to post 'no parking or loading' signage along the curb acjacent to the west side of the outdoor playground. 2. A striped pedestrian crossing area connecting the southwest parking area to the curb in front of the daycare facility shall be installed. 3. The outdoor playground area will have a combination of soft ground covering and hard surface. 4. The app icant must obtain a fence permit. -� 4�/Q . 5. Apprbpdhte screening for the site as determined by the Albertville City Council. 6. The applicant is to submit a luminsire schedule, location summary, and cut sheets showing light fbdures. 7. The lighting is to be recessed so bulbs are not visible and have a (90) degree cut-off. 8. The structure and operation shall be in compliance with the State of Minnesota, Department of Human Services Regulations and shall be licensed accordingly. Q. Upon the issuance of any daycare facility conditional use permit, the City reserves the right at any and all reasonable hours, with or without notice, to inspect the premises in which the operation is being conducted to ensure compliance with the provisions of Section 1700 or any conditions additionally imposed. Adopted by the Alb isle City Council this 16s' day of December 2002. City of Albertviile By: 2 Scott Wallace, Mayor DEC-13-2002 11: 0 NAC 612 595 9837 P.07r11 f 7 I By: Linde Goeb, City Administrator DEC-13-20M 11:05 NAC 612 595 e� CITY OF ALBERTVILLE City Council Findings of Fact & Decision Rezone Applicant's Names MIX of Albertville Rsqueet: Except for Lot 1, Block 1, of the Albertville Second Addition, the City is requesting a rezone and amendment to the land use designation of the parcels currently zoned B-3, located north of interstate 94 extending +/- 500 feet east of County Highway 19. AM parcels zoned B-3 located +/- 660 feet west of County Highwaylo to B-2A which will remain B-3. The Request for rezone and amendment to the land use designation also Includes Parkside 31e Addition uudot B and Parkview Place outlot A. Planning Commission Public Hearing Dab: December 10, 2002 City Council Meeting Date: December 18, 2002 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 Parcel Identification numbers of the parcels to be rezoned are outlined heroin. B. The Planning report, dated December 3, 2002, prepared by NAC, Inc. is incorporated herein. C. The Planning Commission Recommendation for the application is incorporated herein. D. The proposed rezoning is consistent with the policies and recommendations of the Albertville Comprehensive Plan. Decision: Based on the foregoing information and applicable ordinance, the City Council approves the rezoning of the parcels listed herein from B-3 and B-2 to B-2A. Adopted by the Albertville City Council this 16t' day of December 2002. City of Albertville DEC-0-2002 1V06 NAC 612 595 9837 P.09i11 Attest: ay: Linda Goeb, City Administrator By: Scott Wallace, Mayor gobs DEC-0-2002 11:06 INK 512 595 9637 P.10/11 CITY OF ALBERTVILLE WRIGHT COUNTY, MINNESOTA ORDINANCE NO. 2002- AN ORDINANCE AMENDING SECTION 300 (Administration — Map Amendments) OF THE ALBERTVILLE ZONING ORDINANCE TO PROVIDE FOR A CHANGE IN ZONING CLASSIFICATION FROM B3, AND B2 TO B-2A,"SPECIAL BUSINESS DISTRICT'. THE CITY COUNCIL OF THE CITY OF ALBERTVILLE MINNESOTA ORDAINS: SECTION 1. THE OFFICIAL ZONING MAP OF THE ALBERTVILLE ZONING ORDINANCE (SECTION 300 Administration — Amendments Text and Map), IS HEREBY AMENDED TO REZONE THE FOLLOWING LEGALLY DESCRIBED PROPERTIES FROM B3 HIGHWAY BUSINESS DISTRICT TO 18-2A SPECIAL BUSINESS DISTRICT: r •k, Except for Lot 1, Block 1, of the Albertville Second Addition, all parcels currently zoned ", located north of interstate 94 extending +1- 500 feet east of the centerline of County Highway 19. All parcels zoned B-3 located +/- 650 feet west of the centerline of County Highway 19 and north of 67"' street. Parkside Y4 Addition outiot B and Parkview Place outiot A and THE FOLLOWING LEGALLY DESCRIBED PROPERTIES FROM 82 LIMITED BUSINESS DISTRICT TO B-2A SPECIAL BUSINESS DISTRICT: LEGAL DEIQRI TP ION: The east 660 feet of Parkview Place outiot A. SECTION 2. THE ZONING ADMINISTRATOR IS HEREBY DIRECTED TO MAKE THE APPROPRIATE CHANGE TO THE OFFICIAL ZONING MAP OF THE CITY OF ALBERTVILLE TO REFLECT THE CHANGE IN ZONING CLASSIFICATION AS SET FORTH ABOVE. SECTION 3. THIS REZONING SHALL BE IN FULL FORCE AND EFFECTIVE IMMEDIATELY FOLLOWING PASSAGE AND PUBLICATION. Approved by the Albertville City Council this 1& day of December 2002. DEC-13-2002 11:07 NAC 612 595 9837 P.11i11 ATTFST: By: Linda Goeb, City Administrator CITY OF ALBERTVILLE By: Scott Wallace, Mayor To be published in the on ,2002 MTPL P.11 DEC-0-2002 11:02 NAC 612 5 (6) CITY OF ALBERTVILLE 5e. WRIGHT COUNTY, MINNESOTA ORDINANCE NO.2002. AN ORDINANCE AMENDING THE ALBERTVILLE ZONING ORDINANCE, SECTION 4400.2,(c), PERMITTED USES FOR THE B-3 HIGHWAY COMMERCIAL DISTRICT. THE CITY COUNCIL OF THE CITY OF ALBERTVILLE MINNESOTA ORDAINS; SECTION 9. SECTION "00.2(c),18 HEREBY AMENDED AS FOLLOWS: 44_ Permitted Uses. The following are permitted uses in a "B-3° District (c) Motor vehicle, farm Implement, and recreation equipment sales, rental. uses, structures and outdoor sales, rental, and storage accessory thereto. SECTION 2. THIS AMENDMENT SHALL BE IN FULL FORCE AND EFFECTIVE IMMEDIATELY FOLLOWING ITS PASSAGE AND PUBLICATION. Approved by the Albertville City Council this DAY OF 2002. CITY OF ALBERTVILLE By: Scott Wallace, Mayor ATTEST: By: Linda Goeb, City Administrator AMENDMENT TO DON'S BUS GARAGE CONDITIONAL USE PE1..._� PLANNED UNIT DEVELOPMENT AGREEMENT WHEREAS, and Donald and Betty Barthel (collectively, "Developer") has entered into an agreement with the City of Albertville ("City') titled "Don's Bus Garage Conditional Use Permit Planned Unit Development Agreement" ("Developer's Agreement") dated 1997 and recorded in the Wright County Recorder's Office as document number ; and WHEREAS, the Developer's Agreement limited the permitted uses on Lot 1, Block 1, Barthel Commercial Park, Wright County, Minnesota ("Property"); and WHEREAS, Developer wishes to modify the permitted uses on the Property to include car rentals; NOW, THEREFORE, the City and Developer agree as follows: 1. Paragraph 3 of the Developer's Agreement is hereby modified to read as follows: Developer agrees that it shall use the Subject Property for the operation of a bus garage. Developer may also use the Property for a car rental business concurrently with the bus garage use, provided the car rental business occupies no more than 12 parking spaces at any given time. No car sales activities shall be allowed on the Property. Developer agrees that the use of said Property shall be strictly limited to the uses described herein unless otherwise agreed by the City and Developer. 2. Subparagraph a is hereby added to paragraph 7 of the Developer's Agreement, to read as follows: Developer shall stripe the parking lot in such a manner that will indicate a minimum of 65 parking stalls exist on the Property, all such parking stalls to be in conformance with the City's ordinance requirements. 3. The Developer's Agreement shall remain unchanged in all other respects. Dated: December 92002 1 CITY OF ALBERTVILLE By: Scott Wallace, Mayor By: Linda Goeb, City Clerk/Administrator BETTY BARTHEL STATE OF MINNESOTA } ) ss. COUNTY OF WRIGHT ) The foregoing instrument was acknowledge before me this day of 2002, by Scott Wallace, Mayor of the City of Albertville, a Minnesota municipal corporation, on behalf of the City and pursuant to the authority of the City Council. Notary Public STATE OF MINNESOTA ) ) ss. COUNTY OF WRIGHT ) The foregoing instrument was acknowledge before me this day of , 2002, by Linda Goeb, Clerk/Administrator of the City of Albertville, a Minnesota municipal corporation, on behalf of the City and pursuant to the authority of the City Council. Notary Public I STATE OF MINNESOTA ) ) ss. COUNTY OF WRIGHT ) The foregoing instrument was acknowledge before me this = day of 512002, by Mr. Donald Barthel, personally. Notary Public STATE OF MIN[VESOTA ) ) ss. COUNTY OF WRIGHT ) The foregoing instrument was acknowledge before me this day of 2002, by Mrs. Betty Barthel, personally. Notary Public DRAFTED BY: Couri & MacArthur Law Office PO Box 369 St. Michael, MN 55376 ■ CITY OF ALBERTVILLE RESOLUTION NO. 2002- '/-�_ RESOLUTION ACCEPTING DONATION OF CETRAIN LOTS WITHIN BARTHEL'S INDUSTRIAL PARK WHEREAS, the Scherer Bros. Lumber Co., owners of selected lots in Barthel's Industrial Park desire to donate certain lots wholly owned by Scherer Bros. Lumber Co. and located with said industrial park to the City of Albertville without conditions WHEREAS, Scherer Bros. Lumber Co. have petitioned the City to execute the appropriate resolutions necessary to achieve the required documentation of the transaction for tax purposes; WHEREAS, the legal description of the subject property being donated to the City is legally described on attached Exhibits A and B and incorporated herein by reference; and WHEREAS, it is the desire of the City of Albertville to accept Scherer Bros. Lumber Co.'s generous donation to the City of the subject property. NOW, THEREFORE, BE IT RESOLVED: 1. That the City of Albertville accepts Scherer Bros. Lumber Co.'s donation of the subject property; 2. The City acknowledges that the value of the subject property is $0.50 per square foot of upland area within the subject property. This amount is based on the recent sale of Lot 3, Block 10 of Barthel's Industrial Park. The amount of upland area is 535,481 square feet. The determination of the upland area was established by MFRA in the Wetland Delineation Report dated December 22, 1999. Therefore, the value of the donation is $267,740.50 (535,481 upland square feet x $0.50); and 3. That the City Administrator and City staff are authorized to execute any required documentation necessary to effect the transfer of the subject property to the City conditioned upon Scherer Bros. Lumber Co. providing the following to the City: a. Marketable tile, unencumbered by liens of any type, evidenced by an updated abstract of title for the subject properties; and b. A deed transferring title to the City. Further, said authorization is conditioned upon the City Engineer being allowed to inspect the subject property and be satisfied that no adverse environmental conditions exist on the subject property. Approved by the City of Albertville this day of 2002. By Its Mayor By Its Clerk EXIFHBIT A Lots 9-11, inclusive, Block 2 Lots 1, 2 and 4, Block 10 Barthel's Industrial Park, according to the plat of record on file in the Wright County Recorder's Office, Wright County, Minnesota EXHIBIT B [LEGAL FOR 2.56 ACRES NOT PART OF PLAT] %Mobmpf~s biMW Art 6o"Mh om OmrieoA= 5eC3; CITY OF ALBERTVILLE COUNTY OF WRIGHT STATE OF MINNESOTA ORDINANCE NO. ggr,w IS AN ORDINANCE REGULATING THE DISCHARGE OF SUMP PUMPS THE CITY COUNCIL OF THE CITY OF ALBERTVILLE ORDAINS: 1 Purpose. Based on the type and condition of surface and subsurface soils existing in the City of Albertville the City Council finds it essential to the maintenance of health and safety, and to prevent infiltration of waters onto the public streets and sidewalks, to require that all sump pump systems be required to discharge towards the rear of the property in all residential, commercial and industrial primary structures located within the City in which drain file or storm sewer is available in the rear of the property. 2. Sumv Pumps Are Reauired to be Discharged to the Rear of the Prove On and after the effective date of this ordinance, it is required that all sump pump systems discharge towards the rear of the property in all residential, commercial and industrial primary structures located within the City in which drain file or storm sewer are available in the rear of the property unless the City determines that the requirement is not necessary to protect the health, safety, and general welfare. The location and method of connection to the drain file or storm sewer must be approved by the City or its designated agent. There is a presumption that it is necessary for sump pump systems to drain toward the rear of the property where drain file and storm sewer are available and exceptions to the requirements of this Ordinance will not be granted unless the owner, occupant or user of the property makes application to the City. In order to receive an exception the application materials must establish to the satisfacfion of the City or its designated agent that discharging the sump pump system toward the rear of the property is not necessary to protect the health, safety and general welfare. 3. Penalties. Any person in violation of this ordinance shall be guilty of a misdemeanor, and shall be punished by a fine up to a $1,000. Each day in which any violation occurs shall be deemed a separate offense. Passed by the Albertville City Council this day of , 2002. Scott Wallace, Mayor ATTEST: Linda Goeb, City Clerk 2 December 10, 2002 Mr. Mice Couri; Attorney City of Albertville 5975 Main Avenue Albertville, MN 55301 Dear Mr. Couri, After having lengthy discussions with my father (Robins, Kaplan, Miller & Ciresi L.L.P.), my brother (Hale and Dora' and my sister-in-law (Mintz -Levin) I am writing this letter to inform you of incidents involving the Albertville Fire Department that have been bothering me for quite some time. Most of these issues I have brought to the attention of the Fire Chief Kevin Roden with no resohrtion and others I have not brought to light fearing retaliation that may occur if I did so. Most of these issues may have legal repercussions for the city and I think as the city attorney you need to be aware of these. In June of 19981 joined the department under the leadership of Fire Chief Albert Bartel. In order to join the department 1 was given a physical (including a hearing test) and a series of Hepatitis B vaccines over a 6-month period of time at the Coon Rapids Medical Center. After the completion of the vaccination series I had asked about getting a Titre to insure that the vaccine had worked. I was told that the department wouldn't pay for the test. I also have never been administered a yearly hearing exam as stated would be done in the departments SOG's. In July of 20021 was given both a hearing exam and a Titre to verify my vaccine by the City of St. Cloud and it concluded the vaccine I was given through the Albertville Fire Department was below the acceptable level needed to be effective. Since joining I have had many opportunities in which I may have been exposed to Hepatitis B while responding to medical emergencies. When I joined the fire department, the department never did a background check or driver's license check to verify any information about me, even though the state of Minnesota and the FBI will do these checks at minimal cost. Without having this information the city has no verification of whom they are hiring for the department. The only thing I was told (by the members) that I needed to do to join the department was to bring 2 cases of beer to the monthly meeting. In December 1999 Kevin Roden was voted in as Fire Chief by the membership and I was promoted by Kevin to rank of Lieutenant and as the Training Officer. I was criticized and ridiculed for being in this position since I was still fairly new on the department. I had very little support and was often subjected to harassment. This continued through July of 2001 when the fire department did a practice house bum on the Bauerly Companies property on 70* St where they have � their concrete plant. This house was found to have asbestos in it. This information was given to Kevin Roden to decide if he still wanted to hold the training exercise knowing fall well that the house had asbestos in it. He decided that they would proceed with the training on the scheduled Saturday. I wanted nothing to do with this burn and made that perfectly clear to the department. I did not attend this training exercise where one person Was brought to the hospital with an injury. Not only was I not in attendance, I was ridiculed for not attending a training exercise that I felt could have long-term health effects on me. Kevin never discussed with the members the fact that asbestos could cause future health problems. This was just one of the issues that was beginning to bother me. I also discussed the fact that I didn't like that I had to be around second hand smoke from others smoking cigarettes both on emergency calls, in city vehicles and at the fire station. I brought this to Kevin's attention and he said he was not going to do anything about the issue. A few people from the department, including myself had also addressed the fact that members were showing up to calls either drunk or with alcohol in their system and that this made me very uncomfortable. I did not want some on an urgency call who had been drinking or who was drunk. Not only did we not agree with this, we were also against having beer in the fare station on a regular basis (which still occurs regularly to this date). I personally made it well known to Kevin that both of these issues made me very uncomfortable and I was not going to partake in these activities. It began to be very uncomfortablefor me to be around these activities that I felt should not be part of a fire department, just as they would not he part of any other city departments. In August of 2001, due to a very di0cult work and school schedule I put in a notice for a 6-month leave of absence. I told tin I would return to my current duties at the first monthly meeting in March of 2002. Within days of my leave of absence I was asked to turn in my pager (which they gave to someone else) and my officer duties were given to 2 other members. They were treating me as if I had quit. They had moved my gear to an end locker and changed the combination on the fire station doors. I then received a couple of calls asking if I was coming back' or not. I told them that as I stated in my letter I would be returning to my duties as of the first Thursday in March 2002. I returned to the fire station for the first meeting of the month in March of 2002. They had changed the meeting time from the original 8:00 'pm to 7:00 pm and did not inform me of this. They also had to let me in and wouldn't give me the new door combination right away. I was suppose to still be a member of the department and this made me feel as if I was not welcome at the department. After the conclusion of the meeting I was given a beat up pager that was broken, and I was given a new black firefighters helmet, not my blue Lieutenants helmet that I had when I took my leave of absence. My Lieutenants helmet was given to someone else and I was never reinstated to my original positions/rank. I was demoted to a firefighter position because I took a leave of absence. There are many other issues that 1 have seen Kevin ignore including knowing that someone on the department had a substance abuse problem and he did not address the issue or offer some help as a city is required to do, but rather ignored the issue until that member received a DWI. Kevin has ',also not required personnel to abide by the SOG's by not mandating officers have the thing required to be an officer on the department. The reason that this is not being enforced is because our Fire Chief only has the minimal training required to be a firefighter on the department and does not have the training listed in the SOG's for an officer position. He does not even meet OSHA CFR (certification for responders) 29XIM which requires any fire officer that may take , charge of a hazardous materials incident to have a minimum of Hazardous Materials Operations training. Our officers ark only trained to the awareness level. We have a Fire Chief who is making life and death decision and does not meet the qualifications for the position for which he or other officers hold. Kevin is also making final decisionsi on fire protection plans that are submitted to the fire department for commercial buildings. Our Assistant Chief has been recommending corrective actions related to the Uniform Fire Code and Uniform Building Code since he is the only one on the department state certified in fire inspections and plan review. Kevin has been ignoring these comments From the Assistant Chief and all other issues regarding to fire inspections and fire prevention. All decisions made regarding any and all inspections have the potential to be'a liability to the city. The City of Albertville does not have a formal fire inspection and prevention program even though others and myself have brought the need to have one to Kevin's attention. As a growing community we see all of our internal city departments growing and our commercial business occupancies going way up, yet we conduct no inspections relaxed to fire code and fire code compliance. We have many schools; day care facilities, churches and restaurants with hood duct fans that receive no inspection. Of the plans that are reviewed by the fire department the Fire Chiet; who has'no formal training in inspections, is making the final decisions. I feel that this is something the city needs to take responsibility for before someone gets hurt. With the number of occupancies of this type, and many other commercial buildings in our city, the city needs to implement a fire inspection and fire code compliance program before someone is injured. Our Chief has gone as far a to tell a state fire marshal that we don't have the time or the resources to bother doing inspection in our city. If he doesn't feel they have the resources then he should be addressing the city with these needs instead of ignoring the problem. Ignorance on these issues has the potential to get firefighters and other people hurt or killed. There are other safety issues other than the ones previously mentioned that I have brought to the attention of the Fire Chief These include the fact that we have not had our ground ladders tested and certified as requited by OSHA. I had also brought to his attention that we have not done capacity testing with our engines to ensure that they still have the capability needed to sustain the required pressure while in use. In June of 2002, my wife and I decided that is was in our best interest to leave the community after careful consideration and more person harassment (see attached picture). After this incident, which the Fire Chief was aware of:, my wife and myself were both fiustraxed. This pool was filled with manure and was rained on overnight. The next morning it was very hot and was contaminated with flies. Having an employment paper box put in the middle of this definitely showed that they didn't want me on the department I called. the Assistant Chief and he contacted the chief and made him aware that we wanted this removed. It was not and we ended up having it hauled away. After this my call response and training dropped off significantly. I was not attending these functions due to fear of more (harassment. I was telling the fire department I was working so I would not be on the receiving end any more harassment. The word then got out that I was moving out of town and on Wednesday September 4"' I received a call from Lt. Brian. Lewis asking for my pager (since I was moving out of town) so they could have a spare and would not have to fix any more until they had the funds to by new ones. I at this point was still a member of the department. On September 5 h I received a call from Fire Chief Kevin Roden asking when I was going to step down from the department. I told him I would let him know when I was going to do so. We then began to argue about various issues and we subsequently ended the call. After this call I felt it was in my best interest to turn in my pager so on September 23`d I dropped off mypager, charger and uniform in my locker when no one was around hoping that if I did this I would not be on the receiving end of any more harassment. On December 5 h , Chad Cichos the Assistant Fire Chief triedtto get my training check from Kevin and he would not give it to him stating that I had not given him a letter. Many other people have resigned by turning in their pager without writing a letter. Withholding my traming check has now prompted me to seek possible legal action against the city's fire department regarding the harassment that I received and the environment and working condition that I was subjected to while on the Albertville Fire Department. I am also reviewing my legal options into bringing these matters public (to various media outlets). I continue to have conversations with members who keep telling me to be careful cause they are still talking a lot of things about me at the fire station, including the fact that they will not give me my check until they have a letter from me. These people have been witness to the ridicule and harassment I have received and the other issues I have brought to your attention in this letter. Thesesame people are willing to be a witness in any legal proceedings that may occur in the fixture. The date of this letter corresponds with the date that we are moving out of the city (December 10"'). I am delivering thisi letter on this date out of fear of retaliation from certain fire department members. I appreciate your time in this matter and look forward to hearing from you at your earliest convenience. Sincerely, Chad P. Wade 763-286-5384 cc:TLW LAW ( e ,`.PA; r � t s - e ' ,• t r