City Council Meeting Minutes

Monday, December 1, 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 Tom Fay, John Vetsch, Dan Wagner, and LeRoy Berning, City Administrator Larry Kruse, City Attorney Michael Couri, Assistant City Engineer Adam Nafstad, Public Works Supervisor Tim Guimont, Finance Director Tina Lannes, and City Clerk Bridget Miller

ABSENT: City Planner Alan Brixius

OTHERS PRESENT: Council elect Larry Sorensen

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.

AMENDMENTS TO THE AGENDA

Mayor Klecker asked if there were any amendments to the agenda. Council member Berning added an item under either Planning or Administration to discuss Walking Street Signs.

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

MOTION BY Council member Wagner, seconded by Council member Vetsch to approve the Monday, December 1, 2008 regular Albertville City Council agenda as amended adding the above mentioned items, which will be discussed in the General Order of Business and considered in its normal sequence on the agenda. Motion carried unanimously.

MINUTES

November 17, 2008 regular City Council minutes

Mayor Klecker asked the Council if there were any changes to the Monday, November 17, 2008 regular City Council minutes.

MOTION BY Council member Wagner, seconded by Council member Fay to approve the Monday, November 17, 2008 regular City Council minutes as presented, which a final copy will be printed and signed; the signed copy will be scanned and the electronic scanned version will be kept on file in the office of the City Clerk that will serve as the official copy. 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 November 17, 2008 Consent Agenda. The following item was pulled from the Consent Agenda for further discussion and or explanation: 8.E.1. Approve the Monday, December 1, 2008 Payment of Claims (bills) for check numbers 026416 to 026450.

Mayor Klecker asked for a motion to approve the December 1, 2008 Consent Agenda, in which the one item was pulled.

MOTION BY Council member Wagner, seconded by Council member Berning to approve the December 1, 2008 Consent Agenda pulling item 8.E.1., which the items will be removed from Consent Agenda and then reviewed during 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

FAMILY YOUTH COMMUNITY CONNECTIONS (FYCC) – ANNUAL UPDATE (15 minutes)

City Administrator Kruse informed the Council that Sandy Greninger contacted the City and asked to be re-scheduled to the December 15, 2008 regular Council meeting because she was not feeling well.

Council acknowledged Ms. Greninger’s request and will table the Annual Update made by FYCC to the December 15, 2008 regular Council meeting.

FIRE DEPARTMENT – no comments

PUBLIC WORKS DEPARTMENT

Accept the Public Works Supervisor’s Report dated November 21, 2008

Mayor Klecker asked if the Council members had any questions or concerns regarding the Public Works Supervisor’s Report.

Council member Wagner had a question regarding the broomball league and the nets; his question was if the expense for the nets came out of Parks or Broomball League fees.

Finance Director Lannes reported that the expense for the broomball nets came out of the Parks Funds.

After hearing the comments and concerns with the Public Works Supervisor’s Report, the Council proceeded to accept the Public Works Supervisor’s Report dated November 21, 2008 as presented in the December 1, 2008 City Council packet.

UTILITIES DEPARTMENT (WWTP) – no comments

BUILDING DEPARTMENT– no comments

FINANCE DEPARTMENT

Approve the Monday, December 1, 2008 Payment of Claims (bills) for check numbers 026416 to 026450

Council had a question regarding two (2) of the checks:

Check No. 026428 made payable to Instrument Control Systems in the amount of $699.90, which staff explained was adding a PLC setting to the signal.

Check No. made payable to TASC in the amount of $75.00 was to setup three (3) new employees.

After the discussion on the two (2) checks that were pulled the following motion was made:

MOTION BY Council member Berning, seconded by Council member Vetsch authorizing the Monday, December 1, 2008 Payment of Claims (bills) for check numbers 026416 to 026450 as presented except the bills/checks 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 will be signed by the authorized personnel and scanned with supporting documents; the electronically scanned version will be kept on file in the office of the Finance Director that will serve as the City’s official record. Motion carried unanimously.

Approve Resolution No. 2008-058 a Resolution Adopting the 2009 Final Levy

Council discussed the 2009 Final Levy during the 2008 Truth-in-Taxation Public Hearing, which was held prior to the December 1 regular Council meeting.

MOTION BY Council member Wagner, seconded by Council member Berning to approve Resolution No. 2008-058 a Resolution Adopting the 2009 Final Levy as presented in the December 1, 2008 regular City Council packet, which a final copy will be printed and signed; the signed copy will be scanned and the electronic scanned version will be kept on file in the office of the City Clerk that will serve as the official copy. Motion carried unanimously.

Approve Resolution No. 2008-059 a Resolution Adopting the 2009 Final Budget

There was no further discussion on the 2009 Final Budget.

MOTION BY Council member Fay, seconded by Council member Wagner to approve Resolution No. 2008-059 a Resolution Adopting the 2009 Final Budget as presented in the December 1, 2008 regular City Council packet, which a final copy will be printed and signed; the signed copy will be scanned and the electronic scanned version will be kept on file in the office of the City Clerk that will serve as the official copy. Motion carried unanimously.


CITY CLERK

* Approve LG220 Application for Exempt Permit submitted by the St. Michael Lions Club to sell Raffle Tickets within the Albertville city limits with a drawing to be held on March 3, 3009 at the St. Albert Parish Center

MOTION BY Council member Wagner, seconded by Council member Berning to approve LG220 Application for Exempt Permit submitted by the St. Michael Lions Club to sell Raffle Tickets within the Albertville city limits with a drawing to be held on March 3, 3009 at the St. Albert Parish Center as presented except the bills specifically pulled, which the items will be removed from Consent Agenda and then reviewed during the General Order of Business and considered in its normal sequence on the agenda and will require a separate motion. Motion carried unanimously.

CITY COUNCIL – no comments

PLANNING AND ZONING – no comments

ENGINEERING

* Approve Resolution No. 2008-060 entitled Resolution Approving Plans and Specifications for the Extension of Municipal Improvements along CSAH 37 Between 64th Street NE and Kadler Avenue NE and Ordering Advertisement for Bids

MOTION BY Council member Wagner, seconded by Council member Berning to approve Resolution No. 2008-060 entitled Resolution Approving Plans and Specifications for the Extension of Municipal Improvements along CSAH 37 Between 64th Street NE and Kadler Avenue NE and Ordering Advertisement for Bids as presented except the items specifically pulled, which will require a separate discussion from the Consent Agenda and a separate motion from the Consent Agenda, which a final copy will be printed and signed; the signed copy will be scanned and the electronic scanned version will be kept on file in the office of the City Clerk that will serve as the official copy. Motion carried unanimously.

* Approve Letter of Credit (LOC) Release for Field Plaza (known as Space Aliens) from $3,601 to be released in full

MOTION BY Council member Wagner, seconded by Council member Berning to approve Letter of Credit (LOC) Release for Field Plaza (known as Space Aliens) from $3,601 to be released in full as presented except the items specifically pulled, which the items will be removed from Consent Agenda and then reviewed during the General Order of Business and considered in its normal sequence on the agenda and will require a separate motion. Motion carried unanimously.

Approve Letter of Credit (LOC) Reduction for Phil Morris (known as Albertville Marketplace) and an Amendment to the Developer’s Agreement

Assistant City Engineer Nafstad reported that Phil Morris has requested a reduction in the Letter of Credit for the Albertville Marketplace Development and an Amendment to the Developer’s Agreement. In effort to achieve the goals of the City and the request from Mr. Morris, who is the Developer of Albertville Marketplace, staff is asking the Council to consider the following items being requested:
1) An amendment to the Development Agreement regarding landscaping surety.
2) A reduction to the Letter of Credit posted for the development.
3) An amendment to the Development Agreement that postpones construction of the fence as shown on the approved site plan.

According to the Developer’s Agreement, the agreement specifies a completion date for all landscaping along the perimeter of the plat and requires the remaining landscaping to be completed on a lot-by-lot basis. The agreement also requires that the Developer provide security in the amount of 150% of the cost of the landscaping.

The Letter of Credit (LOC) that is in place today includes a $151,800 portion, which represents 150% of the cost of landscaping the entire site. It is requested that the agreement be amended such that the required landscaping security be reduced to $58,000, which reflects 150% of the estimated cost of the landscaping along the plat perimeter, street corridors, and restaurant site. To ensure completion of required lot-landscaping, it is requested that the agreement be amended to require posting of a landscaping surety for each lot at the time of building plan approval.

Assistant City Engineer Nafstad went on to report that currently the LOC held by the City is in the amount of $328,202. This LOC was established as surety for the municipal improvements, selective private improvements, and landscaping requirements of the development.

To date, the municipal improvements have been substantially completed, as well as, many of the private site improvements including the private street and landscaping of the restaurant site street boulevards. Assuming the Developer is current with all fees owed to the City and the landscaping amendment is accepted, it is recommended that the Letter of Credit be reduced from $328,202 to no less than $64,104. This reduced balance is consistent with the development agreement and is believed to sufficient warranty and performance security.

Nafstad noted that the approved site plans include a 4-foot fence along the south and east sides of the restaurant between the parking lot curb and the retaining wall. The fence was included on the site plans to satisfy an engineering requirement that arose due to concern with the close proximity of the parking lot to the wall. With the wall, landscaping and parking lot in place, the Developer has questioned whether or not the fence is necessary and fears the fence will create maintenance issues, particularly related to snow removal and lawn care.

Nafstad informed the Council, that upon discussing the issues with the Developer and reviewing the matter in the field, staff also agrees that the fence creates maintenance difficulties, and may take away from the freeway visibility and landscaping. Staff also agrees that the added pedestrian safety provided by the fence is questionable.

Staff believes an acceptable alternative would be an agreement amendment that allows the Developer to postpone construction of the fence indefinitely, or until the City deems the fence a necessary safety improvement.

Council had a brief discussion regarding the retaining wall and fence as to approximately what is the highest the retaining wall will be and the placement of the fence in relationship to the retaining wall.

Staff commented that the fence would be placed in front of the retaining wall for added safety precautions. Upon hearing the request and background reasoning; Council made the following motion:

MOTION BY Council member Fay, seconded by Council member Wagner directing staff to amend to the Plan Unit Development Agreement/Conditional Use Agreement for Albertville Marketplace to require landscaping surety in the amount of $58,000 and the posting of individual landscaping escrows for each lot prior to building permit issuance, conditioned upon the Developer signing the amendment; and, to reduce the Albertville Marketplace Letter of Credit to no less than $64,104 conditioned upon all outstanding balances owed to the City being paid in full; and, directing Staff to amend to the Plan Unit Development Agreement/Conditional Use Agreement for Albertville Marketplace to postpone fence construction as detailed on the approved site plans until such time the City deems the fence a necessary due to safety, conditioned upon the Developer signing the amendment; which, if necessary, a final copy will be printed and signed; the signed copy will be scanned and the electronic scanned version will be kept on file in the office of the City Clerk that will serve as the official copy. Motion carried unanimously.

Accept the Assistant City Engineer’s Project Status Update dated November 21, 2008

Mayor Klecker asked if the Council members had any questions or concerns regarding the Assistant City Engineer’s Progress Report.

Council had very few comments regarding the Assistant City Engineer’s Progress Report. After listening to the few comments and concerns, the Council proceeded to accept the Assistant City Engineer’s Progress Report dated November 21, 2008 as presented in the December 1, 2008 City Council packet.


LEGAL – no comments

ADMINISTRATION

* Approve the 2010 and 2011 Wright County Assessors two (2) year contract for assessment services for property within the Albertville city limits

MOTION BY Council member Wagner, seconded by Council member Berning to approve the 2010 and 2011 Wright County Assessors two (2) year contract for assessment services for property within the Albertville city limits as presented except the items specifically pulled, which will require a separate discussion from the Consent Agenda and a separate motion from the Consent Agenda, which the agreement will be signed by the appropriate parties, the signed copy will be scanned and kept electronically on file in the office of the City Clerk until a fully-executed copy is sent from Wright County. Motion carried unanimously.

Accept the City Administrator’s Written Report dated November 26, 2008

Mayor Klecker asked if the Council members had any questions or concerns regarding the City Administrator’s Written Report that was presented in the Council packet.

Council questioned the Fire Department Budget and questioned whether it should be St. Michael instead of Otsego. Administrator Kruse confirmed with the Council, in the fact that it should be St. Michael and not the Otsego. Last area discussed was the Arena Land and whether the City Administrator talked to the L & D Trucking property owner, which Kruse left a message and is waiting to hear from Ms. Vinge.

After discussing the few concerns, the Council proceeded to accept the City Administrator’s Written Report dated November 26, 2008 as presented in the December 1, 2008 City Council packet.

Set a joint meeting with St. Michael for Wednesday, December 17, 2008 beginning at 6:00 p.m. at a location to be determined (motion appreciated)

It was the consensus of the Council to set Wednesday, December 17, 2008 as a joint meeting with the City of St. Michael that will begin at 7:00 p.m. and will be held at the St. Michael City Hall. Below is a list of some of the topics, but are not limited to, that will be discussed during the meeting:

1. Fire Contract
2. Library Planning – new Library? Timing? How Much? How to Pay?
3. New Fitness Center/Senior Center Planning
4. STMA Ice Arena?
5. FYCC (Family Youth Community Connections)

Walking Signs – sandwich board signs

Council member Berning inquired as to what is the legal ruling on walking sandwich or stick type signs. It seems these types of signs are appearing more and more frequently within the city limits. The individuals are almost standing in the middle of the intersection. They set up their sign or post in the media. Could the patrol officer driving by ask the individual to get out of the media as a safety precaution?

City Attorney Couri did his best to explain it is a case-by-case court decision. These types of signs are basically protected under the “commercial speech” law, which allows an individual to advertise on a public sidewalk.


CITIZENS OPEN FORUM – no comments

ANNOUNCEMENTS and or UPCOMING MEETINGS

Mayor Klecker asked the Council to review the upcoming meetings and calendar of events, which Klecker reported that the December 15, continuation of the Truth-in-Taxation Hearing could be removed from the upcoming events. Council noted to change the time of the joint meeting to be held on December 17 from 6:00 p.m. to 7:00 p.m. and the location is tentatively set for the St. Michael City Offices.

November 2008
24 6:00 p.m. Joint Powers Water Board meeting
24 7:00 p.m. Committee of the Whole Workshop (discussion on fees)
27 all day Thanksgiving Day 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
17 6:00 p.m. Jt. mtg. St. Michael (location TBD)
22 6:00 p.m. Joint Powers Water Board meeting
24 1:30 p.m. Christmas Eve Day – City Offices close early
25 all day Christmas Day observed – City Offices closed
26 all day Christmas Holiday observed – City Offices closed
31 1:30 p.m. New Year’s Eve Day – City Offices close early

* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *

January 2009
1 all day New Year’s Day observed – City Offices closed
2 all day day after New Year’s Day – City Offices closed
5 6:15 p.m. Swearing in of the newly elected Council members
5 7:00 p.m. City Council meeting
12 6:00 p.m. STMA Ice Arena Board meeting
13 11:30 a.m. State of the Cities Address (optional)
13 7:00 p.m. Planning and Zoning Commission meeting
20 7:00 p.m. City Council meeting
26 6:00 p.m. Joint Powers Water Board meeting

February 2009
2 7:00 p.m. City Council meeting
9 6:00 p.m. STMA Ice Arena Board meeting
10 7:00 p.m. Planning and Zoning Commission meeting
16 all day Presidents’ Day observed – City Offices closed
17 7:00 p.m. City Council meeting
23 6:00 p.m. Joint Powers Water Board meeting

ADJOURNMENT

MOTION BY Council member Berning, seconded by Mayor Klecker to adjourn the Monday, December 1, 2008 regular City Council meeting at 7:40 p.m. Motion carried unanimously.

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