City Council Meeting Minutes

Monday, April 20, 2009
Albertville City Hall 7:00 PM

PLEDGE OF ALLEGIANCE - CALL TO ORDER

Mayor Klecker called the regular Albertville City Council meeting to order at 7:01 p.m. Klecker asked those present to please stand for the Pledge of Allegiance.

ROLL CALL

PRESENT: Mayor Ron Klecker, Council members Tom Fay, Larry Sorensen, John Vetsch, and Dan Wagner, City Attorney Mike Couri, City Engineer Adam Nafstad, City Administrator Larry Kruse, and City Clerk Bridget Miller

ABSENT: City Planner Alan Brixius

OTHERS PRESENT: Finance Director Tina Lannes and Public Works Supervisor Tim Guimont

RECOGNITIONS – PRESENTATIONS – INTRODUCTIONS

Mayor Klecker acknowledged that Wright County Commissioner Eichelberg was present in the audience and asked if he would give the Council an update.

Commissioner Elmer Eichelberg

Commission member Eichelberg stated there was not much to report on. The new Wright County Sheriff’s Office and Jail is now open. There were about 2,000 people that visited during a recent open house. Eichelberg invited any member to contact him or Wright County Sheriff Miller to get a tour of the facility.


CITIZEN FORUM

Mayor Klecker acknowledged there were three (3) individuals who wanted to discuss a topic with the Council that was not already on the agenda.

Carter Diers – Community U Knighted

Carter Diers of10 Second Street NW Buffalo brought to the Council’s attention that he runs the STMA Youth Program and works with juvenile probation. In 2007, there was some racial tension within the STMA School District. The concern of diversity was of importance to staff at the school. Over the past year and a half a committee has been formed to discuss the diversity concern. Since then there have been a couple community forums held to discuss the situation of diversity within the community. Staff is hoping that as the word gets out about the community forums, the committee will continue to work with residents to create a plan and to put the plan into place.

Thursday Night Men’s Softball League

Two (2) members of the Thursday Night Men’s Softball League asked the Council if they would consider allowing Central-City Park to be open past 10:00 p.m. Both softball players understood the park is supposed to close at 10:00 p.m., but was hoping the Council would consider extending it until 10:30 p.m. or 10:45 p.m. at the very latest. The reason for extending the hours would allow the field lights to remain on until about 10:15-10:30 p.m., which is approximately the time the last game ends on Thursday evenings. The ballplayers stated they were speaking for the Thursday night league only.

Mayor Klecker, Council members Wagner and Fay agreed that allowing the park lights to remain on until 10:30 p.m. on Thursday evenings would be okay. All three added the comment that no later than 10:30 p.m.

Council gave the two (2) Thursday Night Softball League players a verbal notice that if there are any problems with the lights staying on beyond 10:30 p.m. it would be the same as other practices, three (3) more notices and an up-to $200 Administrative Fine will be applied towards the violation.

City Administrator Kruse recommended to the Council to amend the City Code to extend the parks hours, which it was the consensus of the Council to leave the park hours as they stand.

MOTION BY Council member Wagner, seconded by Council member Fay to extend the hours of the ballfield lights until 10:30 p.m. on Thursday Nights ONLY during the Thursday night softball league and all members must vacate the park by 10:45 p.m. Motion carried unanimously.

Council member Wagner informed staff that this is for Thursday night only. The other league’s can come before the Council just like the Thursday night league did.

AMENDMENTS TO THE AGENDA

No action was taken on the amendment to the April 20, 2009 regular City Council agenda.

MINUTES

April 6, 2009 Local Board of Review minutes

MOTION BY Council member Vetsch, seconded by Council member Fay to approve the Monday, April 6, 2009 Local Board of Review minutes as presented, which will be printed and signed; then 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.

April 6, 2009 regular City Council minutes

Mayor Klecker asked the Council if there were any changes to the April 6, 2009 regular City Council minutes. Klecker commented on the only change he saw, which were a few motions noted that Council member Vetsch opposed yet Council member Vetsch had a prior commitment and was not in attendance.

MOTION BY Mayor Klecker, seconded by Council member Fay to approve the April 6, 2009 regular City Council minutes as presented, which will be printed and signed; then 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.


PRESENTATION OF THE 2008 AUDIT – KDV

Caroline Stutsman with Kern, DeWenter, Viere, Ltd. brought to the Council’s attention that the Audit appears different this year, because staff has been working on preparing the Comprehensive Annual Financial Report (CAFR). Stutsman continued by informing the Council that this report will be submitted to the Government Finance Officers Association (GFOA). The members of the GFOA will review and rate the CAFR for a CAFR Award. The CAFR will assist the City in future bond ratings.

Ms. Stutsman then continued reporting on the 2008 Audit, in which she noted one area of weakness in the financial reporting is the internal control. During the year ended December 31, 2008, the City had a lack of segregation of accounting duties due to a limited number of office employees even with the help from Abdo, Eick & Meyers LLP. KDV recommended that management, along with the City Council, remain aware of this situation and continually monitor the accounting system including changes that occur.

In addition to the internal control, Stutsman pointed out a need to improve the procedures for maintaining Capital Asset listing. During the audit, it was discovered that the Capital Asset listing was not updated properly. There was equipment such as a bobcat that was included on the list, and staff found out the bobcat had been traded in years ago. The old bobcat was not removed and the new bobcat was not on the list.

Ms. Stutsman concluded by reporting that KDV has audited the City of Albertville’s financial statements of the governmental activities, the business-type activities, each major fund and the aggregate remaining fund information of the City of Albertville, Minnesota, as of and for the year ended December 31, 2008. KDV conducted the audit in accordance with US generally accepted auditing standards. These financial statements are the responsibility of the City’s management. KDV’s responsibility is to express opinions on these financial statements based on our audit. KDV’s Findings and Recommendations are:

• Prior Period Adjustments, which were done to correct the 2007 financial statements.
• Lack of Segregation of Accounting Duties, which is due to a limited number of office employees.
• Improve Procedures for Maintaining Capital Asset Listing, update or maintain properly.
• Require Approval and Backup Documentation for Journal Entries, in which it is recommended documentation to all journal entries be attached with the Finance Director’s signature of approval.
• Public Purpose Expenditures, a city must refrain from paying for employee social events unless it is a celebration as a form of compensation; and, a city must refrain from making donations to an entity that serves a private purpose rather than a public purpose.
• Update Collateral Assignment Agreement, according to Minnesota State Statute 118A.03, subd. 4 a written assignment shall recite that upon default the financial institution shall release to the government entity on demand, free of exchange or any other charges, the collateral pledged.

Mayor Klecker thanked Ms. Stutsman for presenting the 2008 Albertville Audit. Klecker then acknowledged the good work that Finance Director Lannes has done.

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 acknowledged that items 8.E.1. Authorize the Monday, April 20, 2009 Payment of Claims (bills) for check numbers 026903 to 026971; 8.E.2. Approve Resolution No. 2009-009 entitled a Resolution Adopting the “Pay Equity Final Report”; 8.I.1. Direct staff to prepare Plans and Specifications for the 2009 Sealcoat Improvements and Authorizing the Advertisement of the Project for Bids; and, Approve Resolution No. 2009-012 entitled a Resolution Approving Plans and Specifications for the Municipal Improvements of the proposed Albertville 2009 Sealcoat Project and Authorizing Solicitation of Bids; 8.K.1. Approve Resolution No. 2009-008 entitled a Resolution to Include Municipal Boundaries as part of the Wright County Multi-Jurisdictional Hazard Mitigation Plan; and, 8.K.2. Approve Resolution No. 2009-010 entitled a Resolution Supporting the Rehabilitation of Approximately 75 Apartment Units owned by Albertville Leased Housing Associates III, LP located at 10740 County Road 37, also known as Albertville Meadows Apartments within the Albertville city limits were pulled from the Monday, April 20, 2009 Consent Agenda. Klecker then entertained a motion from the Council approving the one (1) remaining item and there will be a separate discussion and a separate motion for the five (5) items that were pulled.

MOTION BY Council member Fay, seconded by Council member Sorensen to approve the Monday, April 20, 2009 Consent Agenda that included the following item: 8.F.1. approve three (3) 1-Day 3.2% Malt Liquor License applications submitted by the Knights of Columbus for the annual Friendly City Days that will be held within Central-City Park from Friday, June 12 thru Sunday, June 14, in which no separate discussion will take place nor require a separate motion. Motion carried unanimously.

DEPARTMENT BUSINESS

FIRE DEPARTMENT – no comments

PUBLIC WORKS DEPARTMENT

Authorize staff to invite contractors to submit quotes/bids for approximately 800 feet of 5-foot wide side walk located on the west-side of Kalland Avenue NE between 57th Street NE and Kantar Court NE

Public Works Supervisor Guimont reported that staff brought the discussion of installing a sidewalk along a portion of Kalland Avenue NE, in which to identify it as a high priority pending funding and neighborhood acceptance. During this past winter, the Parks & Recreation Committee reviewed the sidewalk project and requested staff pursues bids for Council approval. In 2009, staff sent letters to all residents that would be affected by the proposed project; and invited comments from the neighborhood. Staff received no comments against the project.

Council encouraged staff to send a second notice to the property owners to make sure they do not object to the proposed sidewalk project.

MOTION BY Council member Fay, seconded by Council member Sorensen to authorize staff to invite contractors to submit quotes/bids for approximately 800 feet of 5-foot wide sidewalk located on the west-side of Kalland Avenue NE between 57th Street NE and Kantar Court NE. Motion carried unanimously.

Accept the Public Works Department Report

PW Supervisor Guimont asked the Council if they had any questions or concerns regarding his report. Council had a concern with the crack filling along Main Avenue NE. It appears to be somewhat messier than the usual crack filling. Guimont reported that the last time staff crack filled Main Avenue NE they performed a different process; therefore, to crack fill now requires staff to grout the former material out so the new crack fill will take hold.

Guimont inquired if the Council would be in favor of staff creating a smaller ice rink within Central-City Park. Klecker wanted to see if it could be a soccer field in the summer-fall season. Guimont noted that the type of material in place now is a gravel mixture; therefore, it would not be a friendly material for soccer players.

Towne Lakes Trail

City Engineer Nafstad spoke on the Towne Lakes Trail that was brought up by a resident at the April 6, 2009 Council meeting. Nafstad noted that the trail is in the Towne Lakes 7th Addition. The concern staff has in completing the trail has to deal with the easement, which is currently owned by M & I Bank. The City would need to obtain an easement from M & I Bank in order to construct the trail. Staff asked if this was something the Council wanted to pursue, as it would require approximately 3-hours of a surveyor and an hour or so of attorney’s fees to draft an easement agreement. City Engineer Nafstad gave a very rough estimate of $4,000 to construct the trail, which the Developer would pay when the addition is developed.

It appeared to be the consensus of the Council for staff to continue working on some type of trail.

UTILITIES DEPARTMENT (WWTP) – no comments

BUILDING DEPARTMENT – no comments

FINANCE DEPARTMENT

Authorize the Monday, April 20, 2009 Payment of Claims (bills) for check numbers 026903 to 026971 as presented

Council had a question regarding check number 026931 payable to Inspectron Inc. in the amount of $1,225.00. Council was looking for additional information on the coverage.

Finance Director Lannes reported the invoice is for support services during the Building Official’s absence. The invoice from Inspectron was for the 1st quarter of 2009, which Bldg Official Sutherland attended a conference in February and was out of the office in March. Lannes continued by stating staff did their best to combine and or consolidate the inspections performed by Inspectron to limit the number of days Inspectron would actually be in Albertville.

MOTION BY Council member Fay, seconded by Council member Sorensen to the authorize the payment of check number 026931 and the remainder of the Monday, April 20, 2009 Payment of Claims (bills) for check numbers 026903 to 026930 and 026932 to 026971 that were pulled from the Consent Agenda and required a separate discussion from the Consent Agenda. Upon approval to release the check for payment, 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. 2009-009 entitled a Resolution Adopting the “Pay Equity Final Report”

Council asked staff to explain the Pay Equity Chart that was included in the Council packet.

Finance Director Lannes noted that the Pay Equity Chart reflects the steps that staff is at and how it compares to other communities throughout Minnesota. As the chart identifies staff is in line or comparison to the surrounding communities as it relates to the pay scale.

City Administrator Kruse reported that the City is required to submit a “Pay Equity Final Report” to the State of Minnesota every three years. The report ensures that the City is on track with the steps and pay scales.

MOTION BY Council member Vetsch, seconded by Council member Wagner to approve Resolution No. 2009-009 entitled a Resolution Adopting the “Pay Equity Final Report” as presented, which will be printed and signed; then 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 three (3) 1-Day 3.2% Malt Liquor License applications submitted by the Knights of Columbus for the annual Friendly City Days that will be held within Central-City Park from Friday, June 12 thru Sunday, June 14

MOTION BY Council member Fay, seconded by Council member Sorensen to approve the three (3) 1-Day 3.2% Malt Liquor License applications submitted by the Knights of Columbus for the annual Friendly City Days that will be held within Central-City Park from Friday, June 12 thru Sunday, June 14. Motion carried unanimously.

CITY COUNCIL

Oral Update on the STMA Ice Arena Board meeting

Council member Fay informed the Council that it is his impression that there are conflicting messages. From what was reported that the discussion during the STMA Ice Arena Board meeting was different that the message that was portrayed during the joint March 31, 2009 meeting. Fay said it sounds like the STMA Youth is being left out along with the STMA School. Council member Fay expressed his concern with the way things are going or are being held. At the end of the discussion, it was Fay’s interpretation that it would be up to the two (2) cities to pay for the proposed expansion.

Oral Update on the FYCC meeting

Council member Sorensen reported that the meeting was cancelled because it is un-determined on the status of FYCC continuing. The Cities have not said one-way or another as to whether either of them will fund the program. The City of Albertville has committed to $4,500 for the 1st half of 2009; and, $12,000 for the 2nd half of 2009. It was clear that both cities would like some type of accountant or bookkeeper will need to do a better job of tracking the funds and Ms. Greninger’s accountability.

City Administrator Kruse acknowledged the request of the Council and would come back with a proposal that would outline FYCC and a Request for Council Action.

PLANNING AND ZONING – no comments

ENGINEERING

Direct staff to prepare Plans and Specifications for the 2009 Sealcoat Improvements and Authorizing the Advertisement of the Project for Bids; and, Approve Resolution No. 2009-012 entitled a Resolution Approving Plans and Specifications for the Municipal Improvements of the proposed Albertville 2009 Sealcoat Project and Authorizing Solicitation of Bids

City Engineer Nafstad clarified what staff is requesting is to amend the Resolution, which is to Direct staff to Prepare Plans and Specifications for the 2009 Sealcoat Improvements and Authorize the Advertisement of Bids.

MOTION BY Council member Fay, seconded by Council member Sorensen to approve Resolution No. 2009-012 entitled a Resolution Directing Staff to Prepare Plans and Specifications and Authorizing Solicitation of Bids for the 2009 Sealcoat Improvements, which was pulled from the April 20, 2009 Consent Agenda for additional discussion and was amended; a final copy will be printed and signed; the signed copy will be scanned; the electronic scanned version will be kept on file in the office of the City Clerk and serve as the official record. Motion carried unanimously.


LEGAL – no comments

ADMINISTRATION

Approve Resolution No. 2009-008 entitled a Resolution to Include Municipal Boundaries as part of the Wright County Multi-Jurisdictional Hazard Mitigation Plan

City Administrator Kruse reported that Steve Berg of the Wright County Emergency Management has been working with the communities within Wright County to implement a Hazard Mitigation Plan. Kruse continued by informing the Council that staff recently participated in a tabletop mock training in preparation for a potential disaster. The tabletop discussion was informative and educational.

Mayor Klecker stated that he attended the meeting and wanted to commend the member of the Wright County Emergency Management Team in the fact that he did a good job running the tabletop discussion. Klecker wanted the Council to know that the Wright County Emergency Management Department is doing a good job in putting the plan together and to allow Albertville to participate.

MOTION BY Council member Vetsch, seconded by Council member Sorensen to approve Resolution No. 2009-008 entitled a Resolution to Include Municipal Boundaries as part of the Wright County Multi-Jurisdictional Hazard Mitigation Plan as presented, which a final copy will be printed and signed; the signed copy will be scanned; the electronic scanned version will be kept on file in the office of the City Clerk and serve as the official record. Motion carried unanimously.

Approve Resolution No. 2009-010 entitled a Resolution Supporting the Rehabilitation of Approximately 75 Apartment Units owned by Albertville Leased Housing Associates III, LP located at 10740 County Road 37, also known as Albertville Meadows Apartments within the Albertville city limits

City Administrator Kruse basically stated that Dominium Development & Acquisition, LLC is requesting support from the City of Albertville by passing a resolution authorizing for the Buyer/Developer to apply to the Minnesota Housing Finance Agency for 9% tax credits. What the 9% tax credit application will do is allow the Buyer/Developer to preserve the existing affordable housing by executing a 30-year affordable housing deed restriction; and substantially rehabilitate the property.

MOTION BY Council member Vetsch, seconded by Council member Fay to approve Resolution No. 2009-010 entitled a Resolution Supporting the Rehabilitation of Approximately 75 Apartment Units owned by Albertville Leased Housing Associates III, LP located at 10740 County Road 37, also known as Albertville Meadows Apartments within the Albertville city limits as presented, which a final copy will be printed and signed; the signed copy will be scanned; the electronic scanned version will be kept on file in the office of the City Clerk and serve as the official record. Motion carried unanimously.

Approve Professional Services Contract with SRF for Final Design of I-94 Westbound Collector Distributor Project; and, Resolution No. 2009-011 entitled a Resolution for Layout Approval

City Administrator Kruse began with the comment that Albertville has been working for a number of years towards the design of I-94. Albertville received Federal Funds for the I-94 Project in the amount of $800,000, which a portion of the funds were used to purchase land for the westbound CSAH 19 exit ramp.

Kruse continue by stating staff was directed by the Albertville City Council to invite four pre-selected engineering firms (SEH, SRF, WSB and BMI) to submit a Request for Proposals (RFP) to complete the final design for the Westbound I-94 Collector Distributor Road. After careful evaluation and discussion at the March 16, 2009, the Council moved to have staff negotiate a contract with SRF with the goal to insure the contract is comprehensive and includes all elements of final design.

Kruse pointed out that City Attorney Couri recommended the City consider studying other stormwater ponding options near School Lake that would not require a total taking of land owned by Bonnie Jo Kuka, PID # 101500363407. Staff agreed that this would be outside of the scope of work proposed by SRF. In addition to the stormwater ponding, SRF recommended the City consider a Retaining Wall Study to see if there is a more economical retaining wall other than the sheet pile wall proposed in the RFPs. The majority of the proposed $29,000 Retaining Wall Study cost is for additional geological testing, which will likely require floating a barge out on School Lake to obtain additional soil borings. Lastly, SRF stated if they will need to work with the City’s lobbying consultant (Tinklenberg Group) it would be at a cost not to exceed $850 per meeting basis.

Kruse noted that the Minnesota Commissioner of Transportation has approved Albertville’s final layout (S.P. 8680-145) describing the improvement area as 4,100 feet west of CSAH 19 to 4,600 feet east of CSAH 37. Now the City is required to host a public hearing prior to formally approving a resolution adopting the layout.

City Attorney Couri brought to the Council’s attention what SRF has identified and that SRF has agreed to perform all the tasks involved based on the information presented to them by SEH’s Preliminary I-94 Project Report. What SRF did was prepare the project based on the Preliminary Design, which has been approved. Couri wanted to make sure that the Council was aware there maybe some unknown issues that are not engineering issues, which very well could cost additional funding to deal with these unknown issues or concerns. Couri reiterated that SRF is going off of studies and information that Albertville staff has provided them. It is unknown at this time as to whether or not the Traffic Study is out of date; it is unknown as to whether the State is going to approve the design. Couri basically wanted to put it out there for Council to know there is a number of “What ifs” with this project, which means the cost of the project will most likely increase to resolve these “what ifs”.

There was discussion relating to the retaining wall type that would be created. The type of retaining wall that SEH has proposed does not appear to be the only type possible. SRF feels there is another design of a retaining wall that may work just as well. Again, the topic of the unknowns came up, which it is unknown as to whether there may be a need to hold a meeting between SRF and our Lobbying Consultant Tinklenberg Group. Another unknown is the acquisition of land for the stormwater ponding, which will involve additional engineering cost and very well could become costly.

MOTION BY Council member Wagner, seconded by Council member Sorensen to approve a Professional Services Contract with SRF for Final Design of I-94 Westbound Collector Distributor Project in the amount of $326,366 as amended with staff recommendations presented in “Exhibit A”as on file in the office of the City Clerk. Further to acknowledge an optional per meeting fee of $850 to coordinate and work with the City’s lobbying consultant and an optional Wall Study fee of $29,000 to be approved at a later date by separate motion. Mayor Klecker, Council members Fay, Wagner, and Sorensen voted aye. Council member Vetsch opposed. Motion carried.

MOTION BY Council member Wagner, seconded by Mayor Klecker to set and hold a Public Hearing at the June 1, 2009 regular City Council meeting at 7:00 p.m. or soon thereafter at the Albertville City Hall located at 5959 Main Avenue NE to hear public comment on the I-94 Final Layout Approval; and, to host an Open House on June 1, 2009 from 4:30 p.m. to 6:30 p.m. to allow the general public an opportunity to view and ask questions regarding the proposed I-94 Project Layout. Motion carried unanimously. (Council member Vetsch wanted the general public to have an opportunity to express their concerns regarding the proposed project.)

NO ACTION was taken on Resolution No. 2009-011 entitled a Resolution for I-94 Layout Approval.

ANNOUNCEMENTS and or UPCOMING MEETINGS

Mayor Klecker asked the Council to review the upcoming meetings and calendar of events, which there were no comments.

April 2009
27 6:00 p.m. Joint Powers Water Board meeting
27 7:00 p.m. Committee of the Whole Workshop (cancelled)

May 2009
4 7:00 p.m. City Council meeting
11 6:00 p.m. STMA Ice Arena Board meeting
12 7:00 p.m. Planning and Zoning Commission meeting
16 7:00 a.m. Annual jt. Spring Cleanup Day
18 7:00 p.m. City Council meeting
25 all day Memorial Day observed – City Offices closed
26 6:00 p.m. Joint Powers Water Board meeting

June 2009
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
11-14 varies Albertville Friendly City Days
12 5:00 p.m. Albertville vs. St. Michael friendly challenge (tentative)
14 1:30 p.m. Albertville FCD Grande Day Parade
15 7:00 p.m. City Council meeting
22 6:00 p.m. Joint Powers Water Board meeting
29 7:00 p.m. Committee of the Whole Workshop (tentative)

July 2009
2 all day Independence Day observed – City Offices closed
6 7:00 p.m. City Council meeting
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
26 6:00 p.m. Joint Powers Water Board meeting
26 7:00 p.m. Committee of the Whole Workshop (tentative)

ADJOURNMENT

MOTION BY Council member Sorensen, seconded by Council member Fay to adjourn the Monday, April 20, 2009 regular City Council meeting at 9:46 p.m. Motion carried unanimously.

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