City Council Meeting Minutes

Monday, October 6, 2008
Albertville City Hall 7:00 PM

PLEDGE OF ALLEGIENCE

Mayor Klecker called the Albertville City Council meeting to order at 7:00 p.m. followed by the Pledge of Allegiance.

ROLL CALL

PRESENT: Mayor Ron Klecker, Council members Dan Wagner, Tom Fay, LeRoy Berning and John Vetsch, City Attorney Mike Couri, Assistant City Engineer Adam Nafstad, City Administrator Larry Kruse, Finance Director Tina Lannes, Public Works Supervisor Tim Guimont, and City Clerk Bridget Miller

ABSENT: none

RECOGNITIONS – PRESENTATIONS – INTRODUCTIONS – no comments

CITIZEN FORUM

Mayor Klecker asked if there was anyone in the audience that wanted to discuss an item with the Council that was not already on the agenda.

Deb Holms of 5974 Main Avenue NE, 152 Club, brought to the Council’s attention a notice that was sent to the homeowners regarding an Oktoberfest that was held at the 152 Club. First correction Ms. Holmes wanted to point out was the fact that the dates of the Oktoberfest were incorrect. The correct dates were Friday, October 3 and Saturday, October 4. If Ms. Holms had been aware of the notice she would have corrected the error on the dates. Secondly, Ms. Holms reported that she did not receive a copy of the notice that was sent to the homeowners. Ms. Holms went on to inform the Council that the Wright County Sheriff’s Department stopped by her establishment on Friday looking for her Permit to hold the Outdoor Music, which she explained that she has never received an actual Permit.

Lynda Hughes of 11473 58th Street NE informed the Council that she was not home during the recent Oktoberfest. Ms. Hughes went on to inform the Council that she has never received a notice from the 152 Club regarding previous Oktoberfest events. She appreciated the notice that the City sent. Ms. Hughes then asked the Council if anything was ever done regarding Full Moon Saloon Bar & Grill. Ms. Hughes brought to the Council’s attention the level of noise that comes from the establishment at a previous meeting. From what Ms. Hughes could hear, it sounded as if there were fights in the rear of the building this past Thursday evening.

Council directed staff to send a written notice to the owner of Full Moon Saloon Bar & Grill informing them of the level of noise that comes from their establishment.

A Wright County Deputy Officer approached the Council and reported on the Friday evening incident regarding the 152 Club. The Officer explained that it was basically a mis-communication in the correspondence that went out to the residents regarding the dates. The officer did; however, encouraged City staff to notify the Wright County Sheriff’s Department with these types of permits in the future.

Diane Sheltel resident near the 152 Club “thanked” the City for sending the notice, which she appreciated receiving the notice prior to the event, even though there was an error with the dates. Ms. Sheltel made a suggestion to improve upon this would be to create or have a physical permit for the owner to display.

Staff acknowledged the information given this evening and reported they would be re-evaluating the 2005 Albertville Municipal City Code pertaining to the requirements of a Temporary Outdoor Music Permit, which would result in the creation of a Permit for the applicants to display. Staff would also work on notifying the Wright County Sheriff’s Department when these types of events come up.

AMENDMENTS TO THE AGENDA

Mayor Klecker asked if there were any amendments to the agenda. City Administrator Kruse added an item under Administration dealing with Parkside Commercial Development; City Planner Brixius added an item under Planning that dealt with a request from Perkins to add a Pylon Sign on CSAH 19; Council member Fay added an item under Administration inquiring about the City-wide Garbage Hauler.

Upon adding the above items, Klecker asked for a motion to approve the agenda as amended.

MOTION BY Council member Fay, seconded by Council member Berning to approve the Monday, October 6, 2008 regular Albertville City Council agenda as amended. Motion carried unanimously.

MINUTES

September 15, 2008 regular City Council minutes

Mayor Klecker asked the Council if there were any changes to the Monday, September 15, 2008 regular City Council minutes.

MOTION BY Council member Berning, seconded by Council member Wagner to approve the Monday, September 15, 2008 regular City Council minutes as presented, which the City Clerk did edit the September 15, 2008 regular City Council minutes to reflect the correct dates of the 152 Club Oktoberfest from Saturday, October 4 and Sunday, October 5 to Friday, October 3 and Saturday, October 4, corrected minutes will be printed and the signed copy will be scanned and the electronic scanned minutes will be kept on file in the office of the City Clerk Motion carried unanimously.

CONSENT AGENDA

*CONSENT AGENDA
All items with an asterisk (*) are considered to be routine in nature by the City Staff and will be enacted by one motion. There will be no separate discussion of these items unless a Council member or citizen so requests. In such event, the item will be removed from the General Order of Business and considered in its normal sequence on the agenda.

Mayor Klecker inquired if the Council members or staff wanted any of the items pulled from the October 6, 2008 Consent Agenda. The following items were pulled from the Consent Agenda for further discussion and or explanation: 8.E.1. Approve the October 6, 2008 Payment of Claims (bills) for check numbers 026178 to 026245; and 8.I.2. Approve Resolution No. 2008-053 entitled a Resolution Accepting and Awarding the Bid for the Franklin Sewer Extension Project.

Mayor Klecker asked for a motion to approve the October 6, 2008 Consent Agenda pulling the items 8.E.1. Approve the October 6, 2008 Payment of Claims (bills) for check numbers 026178 to 026245; and 8.I.2. Approve Resolution No. 2008-053 entitled a Resolution Accepting and Awarding the Bid for the Franklin Sewer Extension Project.

MOTION BY Council member Berning, seconded by Council member Wagner to approve the October 6, 2008 Consent Agenda pulling items 8.E.1. Approve the October 6, 2008 Payment of Claims (bills) for check numbers 026178 to 026245; and 8.I.2. Approve Resolution No. 2008-053 entitled a Resolution Accepting and Awarding the Bid for the Franklin Sewer Extension Project, which the items will be removed from the General Order of Business and considered in its normal sequence on the agenda and will require a separate motion. Motion carried unanimously.

DEPARTMENT BUSINESS

FIRE DEPARTMENT – no comments

PUBLIC WORKS DEPARTMENT

* Approval the Memorandum of Understanding Between Wright County and the City of Albertville for the Purchase of Salt for the 2008-2009 Snow and Ice Removal Season for $64.20 per ton

MOTION BY Council member Berning, seconded by Council member Wagner to approve the Memorandum of Understanding Between Wright County and the City of Albertville for the Purchase of Salt for the 2008-2009 Snow and Ice Removal Season for $64.20 per ton, which if pulled from the Consent Agenda will require a separate discussion from the Consent Agenda and a separate motion from the Consent Agenda. The Memorandum of Understanding Between Wright County and the City of Albertville for the Purchase of Salt for the 2008-2009 Snow and Ice Removal Season for $64.20 per ton will be signed, scanned for the City’s records, and the original will be forwarded to the Wright County Highway Department. Motion carried unanimously.

Authorize City Staff to secure quotes for approximately 575 feet of 5’ high fencing along the south-side of the railroad track in Central Park at a cost not to exceed $9,200

Public Works Supervisor Guimont reported that the Parks and Recreation Committee recently met to discuss the improvements for Central-City Park. Part of the improvement is the fencing requirement along the south-side of the railroad tracks. Staff has obtained quotes for approximately 575 feet of 5’ high fencing at a cost not to exceed $9,200.

City Attorney Couri questioned the height of the fencing. To the best of his knowledge, according to the Railroad Agreement, the fence height was supposed to be 6-foot. City Administrator Kruse confirmed that the height is supposed to be 6-foot, but because of Budget Constraints the City is considering 5-foot.

MOTION BY Council member Berning, seconded by Council member Fay authorizing City Staff to secure quotes for approximately 575 feet of 5’ high fencing along the south side of the railroad track in Central Park at a cost not to exceed $9,200. Motion carried unanimously.

Accept the quote of Minnesota/Wisconsin Playground Equipment in the amount of $34,013.99 to purchase and install playground equipment for Winter Park with the goal to install yet this fall; AND, Authorize City Staff to seek quotes and purchase baseball backstop and fencing not to exceed $7,800; Basketball pole and hopes not to exceed $2,000 and trees not to exceed $2,000 with the goal to install yet this fall

Public Works Supervisor Guimont reported that the Winter Park Improvements were previously presented to Council. A member of the Parks and Recreation Committee took it upon themselves to research and obtain quotes for the park improvements. The Request for Council Action that is included in the October 6 Council packet is the Parks and Recreation Committee’s recommendation for the completion of the Winter Park Improvements.

MOTION BY Council member Berning, seconded by Council member Fay accept the quote of Minnesota/Wisconsin Playground Equipment in the amount of $34,013.99 to purchase and install playground equipment for Winter Park with the goal to install yet this fall; AND, Authorize City Staff to seek quotes and purchase baseball backstop and fencing not to exceed $7,800; Basketball pole and hopes not to exceed $2,000 and trees not to exceed $2,000 with the goal to install yet this fall. Motion carried unanimously.

UTILITIES DEPARTMENT (WWTP) – no comments

BUILDING DEPARTMENT – no comments

FINANCE DEPARTMENT

Approve the October 6, 2008 Payment of Claims (bills) for check numbers 026178 to 026245

The Council pulled check numbers 026201; 026203; and 026220.

Finance Director Lannes began by reporting on check no. 026201 made payable to General Safety Equipment in the amount of $523.85 was to replace the existing ladder on the Engine Fire Truck.

Finance Director Lannes continued with check no. 026203 made payable to Gutzwiller Construction Co. in the amount of $250.00 was to replace a garage door. The Building Official noticed the door was ajar and appeared to be vacant. A notice was sent to the homeowner, which said if the City needed to repair the owner would be billed for the repair.

Finance Director Lannes concluded with check no. 026220 made payable to Nextel Communications in the amount of $993.14, which were for the Nextel Direct-Connection cell phones. Council directed staff to review other options for communication and phone service.
MOTION BY Council member Berning, seconded by Council member Wagner authorizing the Monday, October 6, 2008 Payment of Claims (bills) for check numbers 026178 to 026245 as presented except the bills specifically pulled, which if pulled from the Consent Agenda will require a separate discussion from the Consent Agenda and a separate motion from the Consent Agenda. The checks and supporting documents will be scanned and kept electronically on file in the office of the Finance Director. Motion carried unanimously.

* Accept a Donation from the Albertville Knights of Columbus in the amount of $3,500 and deposit the donation of $3,500 to the Park Improvement fund

MOTION BY Council member Berning, seconded by Council member Wagner to accept a Donation from the Albertville Knights of Columbus in the amount of $3,500 and deposit the donation of $3,500 to the Park Improvement fund, which if pulled from the Consent Agenda will require a separate discussion from the Consent Agenda and a separate motion from the Consent Agenda; and the Finance Director will track the balance of the funds. Motion carried unanimously.

2008-2009 City Employee Health Insurance Plan {discussion item}

Finance Director Lannes began by mentioning that staff has prepared their concerns in a memo that was included in the Council packet. Lannes stated that staff is presenting a little different concept on health insurance; whereby the City will pay 100% of the rate increase on the employees current insurance plan, which in essence uses up the entire 10% budgeted for in 2009. City Administrator Kruse went over the history noting that in previous years the City had been paying approximately 100% of Health Insurance costs. In 2004, staff worked with the Council to evaluate the pay scale, in which the employee’s participation in the health insurance costs.

Lannes reminded the Council, according to the City’s Personnel Policy it states that the City pays 100% of the employee health insurance premiums and 50% of the family health insurance premiums. If insurance contribution is modified, this section of the Personnel Policy would need to be updated. Lannes went on to inform the Council that the projected 2008 City cost for health insurance under the current plan is $91,793.40 and the 2009 budget has a projected 10% increase equaling $100,973.00. If nothing is done to change plans the 2009 City cost will increase to $109,908 resulting in a budget deficit of approximately $9,000.

Council discussed the options and came to the consensus to continue with the current policy, which was the cost sharing where the City pays 50% and the Employee pays 50%. Council negotiated where to take funds to offset the $9,000 deficit. The following motions were made:

MOTION BY Council member Vetsch, seconded by Council member Berning to approve the Health Insurance Plan where the City pays 50% and the Employee pays 50% taking funds from the I-94 Federal Funds to temporarily offset the deficit. Council members Vetsch and Berning voted aye. Council members Wagner and Fay voted nay. Mayor Klecker did not vote. Motion failed.

MOTION BY Council member Fay, seconded by Council member Wagner to approve the Health Insurance Plan where the City pays 50% and the Employee pays 50% and authorizing City Administrator Kruse and Finance Director Lannes to find areas within the Budget to come up with the shortfall. Mayor Klecker, Council members Wagner, Fay, and Berning voted aye. Council member Vetsch voted nay. Motion carried.

Accept the Finance Director’s Monthly Report

Finance Director Lannes reviewed the September 2008 monthly reports that were included in the October 6, 2008 Council packet. Lannes reported on the Third (3rd) Quarter 2008 un-audited General Fund Summary of Revenues and Expenditures, which should be at 75% with Revenues at 8.1% and Expenses at 28.2%.

Mayor Klecker asked if the Council members had any questions or concerns regarding the Accept the Finance Director’s Monthly Report. Upon hearing no additional comments or concerns, the Council proceeded to accept the Accept the Finance Director’s Monthly Report dated October 1, 2008 as presented in the October 6, 2008 City Council packet.

CITY CLERK

*Approve Resolution No. 2008-054 entitled a Resolution Appointing 2008 Election Judges for the Primary and General Election for the City of Albertville

MOTION BY Council member Berning, seconded by Council member Wagner to approve Resolution No. 2008-054 entitled a Resolution Appointing 2008 Election Judges for the Primary and General Election for the City of Albertville, which if pulled from the Consent Agenda will require a separate discussion from the Consent Agenda and a separate motion from the Consent Agenda; and a signed copy will be scanned and an electronic copy will be kept on file in the office of the City Clerk. Motion carried unanimously.


CITY COUNCIL – no comments

PLANNING AND ZONING

Shoppes at Towne Lakes 2nd – Perkins Pylon Signage

According to the Shoppes at Towne Lakes 2nd Developer’s Agreement, City Planner Brixius noted that there is approval for a pylon sign to be located along CSAH 19. As of today, the sign has not been constructed. Adam Zimny, representative of Perkins establishment within Albertville, has put together a proposal for Council’s consideration. In the Developer’s Agreement, the original placement of the sign is to be located more centralized within the site layout. Mr. Zimny is asking the Council to consider a sign to be placed at the intersection of CSAH 19 and West Laketowne Drive NE.

City Attorney Couri looked for the consensus of the Council whether to move forward with the re-location of the sign. Should the Council agree to move forward, Couri would begin the process of amending the Developer’s Agreement identifying the new placement of the signage.

Brixius informed the Council that staff is looking into the re-location of the sign since there is a considerable amount of wetland near the proposed area. Staff will bring the signage consideration back to Council once staff has completed the research for the placement of the sign. At such time, the Council will review and approve a Comprehensive Sign Plan layout and an Amendment to the Developer’s Agreement for the Shoppes at Towne Lakes 2nd Addition.

Council gave their approval for staff to move forward with the research of the signage and preparing the amendment to the Developer’s Agreement.

ENGINEERING

* Approve the attached Amendment to the Master Plan Unit Development (PUD) Agreement/Conditional Use Permit (CUP) Agreement for LaBeaux Station development and to reduce the LaBeaux Station Letter of Credit No. 636 conditioned upon all outstanding balances owed to the City being paid in full

MOTION BY Council member Berning, seconded by Council member Wagner to approve the attached Amendment to the Master Plan Unit Development (PUD) Agreement/Conditional Use Permit (CUP) Agreement for LaBeaux Station development and to reduce the LaBeaux Station Letter of Credit No. 636 conditioned upon all outstanding balances owed to the City being paid in full, which if pulled from the Consent Agenda will require a separate discussion from the Consent Agenda and a separate motion from the Consent Agenda; and a signed copy will be scanned and an electronic copy will be kept on file in the office of the City Clerk. Motion carried unanimously.

Approve Resolution No. 2008-053 entitled a Resolution Accepting and Awarding the Bid for the Franklin Sewer Extension Project

Assistant City Engineer Nafstad explained that the process to install the sewer line service to the Franklin property was going to take longer than originally anticipated. Because of the size of the pipe needed to service the area, Barthel Industrial Drive NE will be shut-down for approximately three (3) weeks. Not only will the existing business owners need to deal with the temporary shut-off of water/sewer service, but this will add to the amount of traffic traveling through Albertville that is already being detoured because of the construction on CSAH 19.

Council suggested researching other areas to run the line from, which might not affect the business owners in having to shut down their service for such a long period of time. Council wanted staff to continue researching other options on how to approach the installation of sewer line to the Franklin property.

Staff reported that they are meeting with the Franklins later this week, at such time staff will bring Council’s concerns to the Franklins’ attention the concern of the Council.

MOTION BY Council member Fay, seconded by Council member Berning to approve Resolution No. 2008-053 entitled a Resolution Accepting and Awarding the Bid for the Franklin Sewer Extension Project contingent upon a signed Assessment Waiver in the amount of $185,758 from the Franklins, which if pulled from the Consent Agenda will require a separate discussion from the Consent Agenda and a separate motion from the Consent Agenda; and a signed copy will be scanned and an electronic copy will be kept on file in the office of the City Clerk. Motion carried unanimously.

Accept the Assistant City Engineer’s Progress Report

Mayor Klecker asked if the Council members had any questions or concerns regarding the Assistant City Engineer’s Progress Report. Upon hearing no additional comments or concerns,, the Council proceeded to accept the Assistant City Engineer’s Progress Report dated Friday, September 26, 2008 as presented in the October 6, 2008 City Council packet.

LEGAL

Accept the City Attorney’s Report

City Attorney Couri basically touched on the recording of the City Hall plat, which should be recorded soon. The title work for the railroad property and other property took longer than expected. Couri went on to report that the Pond Settlement closed today, October 6, 2008.

Mayor Klecker asked if the Council members had any questions or concerns regarding the City Attorney’s Report. Upon hearing no additional comments or concerns,, the Council proceeded to accept the City Attorney’s Report dated Monday, September 29, 2008 as presented in the October 6, 2008 City Council packet.

ADMINISTRATION

Accept the City Administrator’s Written Report

City Administrator Kruse asked the Council if they had any questions or concerns with the Written Report that was included in the Council packet.

Mayor Klecker asked if the Council members had any questions or concerns regarding the City Administrator’s Written Report. Upon hearing no comments or concerns with the report, the Council proceeded to accept the City Administrator’s Written Report dated Wednesday, October 1, 2008 as presented in the October 6, 2008 City Council packet.

Parkside Commercial Development – Installation of Trees Along the Boulevard

City Administrator Kruse stated that Jim Pflepsen of Granite City Real Estate, representing the Parkside Commercial Development, e-mailed a request for Council’s consideration. Mr. Pflepsen is asking the Council to reconsider the installation of the trees along the boulevard, which is near the location of the second building that has not been constructed. Pflepsen felt that the trees would not survive and there is a good chance that the irrigation equipment may become damaged during the construction of the second building.

It appeared to be the consensus of the Council to ask the developer, Mr. Pflepsen, to come into compliance with the other issues and recommended putting $6,000 in a tree escrow account. Staff would investigate the reasoning behind the letter and report back at a future meeting.

City-wide Garbage Hauler

Council member Fay brought up the City-wide Garbage Hauler that was previously discussed at a Council meeting. Fay informed the Council and staff that a resident approached him, inquiring if the City was going to move forward with the proposal of such a service.

City Attorney Couri reminded Council that it is a six (6) month process to go through.

There was no further direction or consideration from the Council as to whether to move forward with the City-wide Garbage Service at this time.


CITIZENS OPEN FORUM – no comments

ANNOUNCEMENTS and or UPCOMING MEETINGS

Mayor Klecker asked the Council to review the upcoming meetings and calendar of events.

October 2008
13 all day Columbus Day observed – City Offices closed
13 6:00 p.m. STMA Ice Arena Board meeting
14 7:00 p.m. Planning and Zoning Commission meeting
20 7:00 p.m. City Council meeting
27 6:00 p.m. Joint Powers Water Board meeting
27 7:00 p.m. Committee of the Whole Workshop (tentative)

November 2008
2 2:00 a.m. Daylight Savings ends (set clocks back)
4 7:00 a.m. General Elections – Poles Open
4 8:00 p.m. General Elections – Poles Close
5 6:00 p.m. Canvas Board (Canvas Election Results)
5 7:00 p.m. City Council meeting
10 6:00 p.m. STMA Ice Arena Board meeting
11 all day Veterans’ Day observed – City Offices closed
12 7:00 p.m. Planning and Zoning Commission meeting
17 7:00 p.m. City Council meeting
24 6:00 p.m. Joint Powers Water Board meeting
24 7:00 p.m. Committee of the Whole Workshop (tentative)
27 all day Thanksgiving Day observed – City Offices closed
28 all day Thanksgiving Holiday observed – City Offices closed

December 2008
1 6:30 p.m. Truth-in-Taxation Hearing
1 7:00 p.m. City Council meeting
8 6:00 p.m. STMA Ice Arena Board meeting
9 7:00 p.m. Planning and Zoning Commission meeting
15 6:30 p.m. Truth-in-Taxation Hearing (continued if necessary)
15 7:00 p.m. City Council meeting
22 6:00 p.m. Joint Powers Water Board meeting
25 all day Christmas Day observed – City Offices closed
24 all day Christmas Holiday observed – City Offices closed

ADJOURNMENT

MOTION BY Council member Berning, seconded by Council member Wagner to adjourn the October 6, 2008 regular City Council meeting at 8:55 p.m. Motion carried unanimously.

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