City Council Meeting Minutes

Tuesday, February 17, 2009
Albertville City Hall 7:00 PM

PLEDGE OF ALLEGIANCE - CALL TO ORDER

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, Dan Wagner, Larry Sorensen, and John Vetsch, City Attorney Mike Couri, Assistant City Engineer Adam Nafstad, City Administrator Larry Kruse, Finance Director Tina Lannes, and City Clerk Bridget Miller

ABSENT: none

RECOGNITIONS – PRESENTATIONS – INTRODUCTIONS

There were no recognitions, presentations, or introductions to be made during the meeting.

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. There was no one present that had any concerns or questions that were not on the regular agenda.

AMENDMENTS TO THE AGENDA

Mayor Klecker added an item under City Council to discuss the meeting held earlier today with the Guardian Angels. Klecker opened it up to the Council and staff inquiring if they have any amendments to the agenda.

City Attorney Couri wanted item 8.J.2. Approve AMENDMENT TO PLANNED UNIT DEVELOPMENT AGREEMENT, TOWNE LAKES 6TH ADDITION be removed. Hearing no other comments Klecker asked for a motion to approve the agenda as amended.

MOTION BY Council member Fay, seconded by Council member Sorensen to approve the Tuesday, February 17, 2009 regular Albertville City Council agenda as amended. Motion carried unanimously.

MINUTES

February 2, 2009 regular City Council minutes

Mayor Klecker looked to the Council to see if there were any changes to the February 2, 2009 regular City Council minutes. Hearing no comments to amend the Monday, February 2, 2009 regular City Council minutes, Klecker entertained a motion to approve the minutes as submitted in the Council packet.

MOTION BY Council member Wagner, seconded by Council member Fay to approve the Monday, February 2, 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.


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 raised the comment as to whether the Council members or staff wanted to pull any of the items from the February 17, 2009 Consent Agenda. Council member Fay had a concern with item 8.E.1. Authorize the Tuesday, February 17, 2009 Payment of Claims (bills) for check numbers 026679 to 026737 as presented except the bills specifically pulled, which are passed by separate motion.

Klecker acknowledged that item 8.E.1. will be pulled from the Consent Agenda and again wanted to know if there were any other items. Hearing no comments the following motion was made.

MOTION BY Council member Sorensen, seconded by Council member Wagner to approve the Tuesday, February 17, 2009 Consent Agenda pulling 8.E.1. Authorize the Tuesday, February 17, 2009 Payment of Claims (bills) for check numbers 026679 to 026737 as presented except the bills specifically pulled, which are passed by separate motion, 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 – no comments

UTILITIES DEPARTMENT (WWTP) – no comments

BUILDING DEPARTMENT

* Accept the Building Official’s Report dated February 2, 2009

MOTION BY Council member Sorensen, seconded by Council member Wagner to accept the Building Official’s Report dated February 2, 2009 that was on the Consent Agenda, which was not pulled requiring it to 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.

FINANCE DEPARTMENT

Authorize the Tuesday, February 17, 2009 Payment of Claims (bills) for check numbers 026679 to 026737 as presented except the bills specifically pulled, which are passed by separate motion

Council questioned check no. 026681 payable to Albertville Pit Stop in the amount of $191.42. Fay noted there were small amounts of motor fuel purchased and was wondering what vehicle it was for, which staff reported it is to fill up smaller equipment such as the Bobcat or a snow-blower.

Klecker asked if there were any other payments in question. Hearing no other concerns the following motion was accepted by Council member Fay.

MOTION BY Council member Fay, seconded by Mayor Klecker to authorize the Tuesday, February 17, 2009 Payment of Claims (bills) for check numbers 026679 to 026737 as presented except the bills specifically pulled, which are passed by separate motion; except the bills specifically pulled, which if pulled from the Consent Agenda will require a separate discussion 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.

CITY CLERK

* Approve a One-Day 3.2% Malt Liquor License applications submitted by Mark Gardener, President of the St. Michael Lions for a Community Dinner Fund Raiser to be held at St. Albert Parish Center on Tuesday, March 3 from 5:00 p.m. to 9:00 p.m.

MOTION BY Council member Sorensen, seconded by Council member Wagner to approve a One-Day 3.2% Malt Liquor License applications submitted by Mark Gardener, President of the St. Michael Lions for a Community Dinner Fund Raiser to be held at St. Albert Parish Center on Tuesday, March 3 from 5:00 p.m. to 9:00 p.m. that was on the Consent Agenda, which was not pulled requiring it to 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.

Monday, March 30, 2009 has been set for a joint workshop with the Cities of Albertville and St. Michael and the STMA School Board (location to be determined) – let staff know of any agenda topics to be discussed (previous topics discussed: Reaction to STMA High School Tour, Hockey Debt, Road Updates, Hockey Arena Feasibility Study, STMA School District Wards, Bicycles on Walking Paths, and Closing with Albertville on Land for Pond)

City Clerk Miller brought to the Council’s attention that the next joint workshop with the Cities of Albertville – St. Michael and the STMA School Board is Monday, March 30, 2009. Miller wanted to open the discussion and thoughts of the Council as to what items they may want to see on the Agenda.

Council member Vetsch wanted to discuss the property where the new STMA High School is located. Vetsch was curious to research the potential of Albertville having the opportunity to maybe dispose of sludge from the wastewater treatment plant.

Council member Wagner wanted to bring up the topic of the new Library, which was due to an article in the Crow River News noting that St. Michael was obtaining a Grant. Wagner was still interested in finding out how many Albertville residents have a Library card and or use the Library.

Another topic Wagner would like to bring up was the continued discussion on the STMA Ice Arena.

City Clerk Miller noted the topics and would pass them on to the STMA School Board to be placed on the upcoming agenda.

CITY COUNCIL

Oral Update on the STMA Ice Arena Board meeting (Tom Fay and/or Dan Wagner)

Council member Wagner commented that there was a recent event at the STMA Ice Arena, which caused concern with emergency situations and maximum capacity load. The hockey arena was packed that brought up the question as to what the current capacity level of the building was. The Albertville Fire Chief Mills was contacted to research what the capacity load of the facility was to ensure the safety of the public attending these events. It was Wagner’s understanding that Fire Chief Mills was working on capacity signage for the facility.

Wagner then added that the parking concern appears to be working better. The pedestrian signage that was installed is also working.

Sorensen commented that the parked vehicles close to the intersection of 60th Street NE & Lachman Ave. NE makes it difficult to travel to or from the site. You can’t see if there is oncoming cars or such.

Nafstad reiterated that staff has reviewed the parking and potential traffic flow. The corridor is currently dark, but with the future development of LaBeaux Station additional lighting will help illuminate the corridor or streets.

Mayor Klecker informed the Council that he attended the same event that Wagner did and confirmed that the building was packed. Two weeks later, Klecker attended another event where it was the same situation. Klecker said it was standing room only, which made it difficult at times to move around. Klecker was pleased to see it is being well utilized.

Council and staff discussed the cost scenarios associated with the expansion. It was noted that another Financial Advisor attended the STMA Ice Arena meeting that were trying to calculate out how to fund the project. Albertville staff reminded the Board that there is a Financial Advisor hired to assist with the process to ensure that the entire financial package is in place.

Oral Update on the Planning and Zoning Commission meeting (Dan Wagner)

Council member Wagner reported that the Planning and Zoning Commission members reviewed the Accessory Buildings at the February 10, 2009. Wagner stated that staff would be preparing a couple of options for the Council to approve. It was the Commission’s concern to allow for the extra buildings to store the junk, instead of leaving it scattered throughout the yard. Council should see this amendment regarding Accessory Buildings at the next meeting.

Wagner noted there was discussion on ordinance amendments to clean up the City Code, which will better reflect the Mn State Statutes. One dealt with the Stormwater regulations. These will also be presented to Council at the next regular meeting.

Oral Update on the Guardian Angels meeting (Ron Klecker and/or Finance Director Lannes)

Mayor Klecker informed the Council that Guardian Angels met with staff today regarding the current status of where the development is at. There were some misunderstandings between the Guardian Angels and the land owners, which are basically being resolved. Guardian Angels reported that they are committed to Albertville, but due to the economic times that is holding them back. Guardian Angels members have looked at various sites throughout Albertville. Klecker reported the Guardian Angels are looking at scaling back on the land costs and not on the site and building of the development.

City Attorney Couri added that the cost was the biggest concern. There was discussion of a possible TIF. Couri informed the Council that the Leuer property was the favorable site. Couri’s question to the Council was “How active or involved does the City want to be with the development?” Couri was hesitant in having the City get too involved in the land transaction.

Following the discussion and conversation, the consensus of the Council was they would like to assist as much as a City can help the Guardian Angels come to Albertville.

PLANNING AND ZONING - no comments

ENGINEERING

Accept the Assistant City Engineer’s Progress Report dated February 3, 2009

Assistant City Engineer Nafstad reported that Albertville Marketplace has recently submitted an application for the Convenience Store/Gas Station. Council shall see the application come through in the next couple of months. As far as Emma Krumbees Restaurant, they are still anticipating opening Spring 2009.

Nafstad brought up the Municipal State Aid (MSA) for the streets. Nafstad noted that staff is reviewing the streets thought Albertville, which includes 60th Street NE. Staff noted that street scopes could be discussed at a future workshop.

LEGAL

Approve City of Albertville Ordinance No. 2009-004 entitled an Ordinance Amending Section 5-3-3 of the 2005 Albertville Municipal City Code Regarding Removal of Weeds by City, 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

City Attorney Couri noted that staff is bringing the City Code up-to-date with current practices. According to the Code, staff may receive a call informing the city that the neighbors grass is rather long. The City would send out a notice to the property owner encouraging them to mow the grass. Currently, the City would send only one notice versus sending numerous one throughout the year. Amending the City Code would allow staff to send one notice for the entire lawn maintenance season. Couri pointed out that with the foreclosure, the bank owners would much rather pay the City to have them move versus them contracting with a vendor to complete the task.

Mayor Klecker asked the Council is they had any questions or concerns with the proposed Ordinance No. 2009-004. Upon hearing no additional comments, Klecker asked for a motion to approve Ordinance No. 2009-004.

MOTION BY Council member Wagner, seconded by Council member Sorensen to City of Albertville Ordinance No. 2009-004 entitled an Ordinance Amending Section 5-3-3 of the 2005 Albertville Municipal City Code Regarding Removal of Weeds by City, 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.

ITEM WAS REMOVED - Approve AMENDMENT TO PLANNED UNIT DEVELOPMENT AGREEMENT, TOWNE LAKES 6TH ADDITION

NO ACTION TAKEN

Accept City Attorney’s Report dated February 2, 2009

City Attorney Couri brought up the Hoey billboard sign that is located on the Knechtl property. The City had been assisting with the relocation of the sign, which has interestingly taken a turn. There does not appear to be anything documented that the City must assist with the relocation of the sign; however, the lease has expired. According to the State Statutes, the interpretation reads ‘if the City acquires land with a sign, the City needs to assist with relocation. Couri concluded with the fact that staff continues to work on the relocation of the billboard sign.


ADMINISTRATION

Forgive CJ’s Laundry (M & J Properties, LLC property owner) utility bill by $2,748.58 for Albertville’s portion of the water bill and $11,993.93 for Albertville’s sewer bill for a total of $14,742.51 resulting from a meter reading error in the City’s billing system dating back to discussion held in 2007

City Administrator Kruse brought Council member Sorensen up-to-date on the CJ’s Laundry outstanding utility bill, which was an error in calculating the bill. It has been ongoing for a number of years. The City recently installed a radio read unit, which reflected or corrected the water usage. The City temporarily put off taking additional action on the situation.

Council member Wagner is willing to forgive CJ’s Laundry for the outstanding utility bill and move on. Council member Fay stated he could go either way, but would lean towards forgiving the bill so the City can move on. Sorensen being new and not knowing more details of the background would be willing to forgive the bill. Vetsch was not ready to forgive; he would like additional negotiations to retrieve some of the outstanding funds. Mayor Klecker agreed with Vetsch, but would possibly consider forgiving the bill.

After hearing from each member of the Council, the following motion was made:

MOTION BY Council member Wagner, seconded by Council member Sorensen to forgive CJ’s Laundry (M & J Properties, LLC property owner) utility bill by $2,748.58 for Albertville’s portion of the water bill and $11,993.93 for Albertville’s sewer bill for a total of $14,742.51 resulting from a meter reading error in the City’s billing system dating back to discussion held in 2007. Mayor Klecker, Council member Sorensen, Wagner, and Fay voted aye. Council member Vetsch voted nay. Motion carried.

Direct staff to discontinue bulk printing and mailing of the newsletter and to instead go to publishing a monthly newsletter on the City’s web-site and electronic dispersion (email) to those who request to be on an email list

City Administrator Kruse commented that because of economic times staff is recommending discontinuing bulk printing and mailing of the City Newsletter. Instead the city would publish the newsletter via the City’s web-site.

Mayor Klecker informed the Council that during his campaigning last October there were a number of residents that said they read his Bio in the City’s Newsletter. Klecker was in favor of cutting back on the number of issues.

Other Council members agreed with Klecker and that the City’s Newsletter was a useful tool for the City to get information out to the residents. Cutting back to a quarterly newsletter and do supplemental issues via the Website.

MOTION BY Council member Sorensen, seconded by Council member Fay to direct staff to print and mail a quarterly newsletter and publish supplemental newsletters on the City’s web-site. Motion carried unanimously.

Accept the City Administrator’s Written Report dated February 12, 2009

City Administrator Kruse asked the Council if they had any questions or concerns with his written report.

Council accepted the City Administrator’s Written Report dated February 12, 2009.

ANNOUNCEMENTS and or UPCOMING MEETINGS

Mayor Klecker asked the Council to review the upcoming meetings and calendar of events. Council came to the consensus to re-schedule the February 23 workshop to March 2 following the regular City Council meeting.

February 2009
16 all day Presidents’ Day observed – City Offices closed
17 7:00 p.m. City Council meeting (TUESDAY)
23 6:00 p.m. Joint Powers Water Board meeting
23 7:00 p.m. Committee of the Whole Workshop (tentative)

March 2009
2 7:00 p.m. City Council meeting
8 2:00 a.m. Daylight Savings Begins (Sunday)
9 6:00 p.m. STMA Ice Arena Board meeting
10 7:00 p.m. Planning and Zoning Commission meeting
16 7:00 p.m. City Council meeting
23 6:00 p.m. Joint Powers Water Board meeting
30 7:00 p.m. Cities of Albertville & St. Michael and STMA School Board
Joint Workshop (tentative)

April 2009
6 5:30 p.m. 2009 Local Board of Appeals and Adjustments
6 7:00 p.m. City Council meeting
13 6:00 p.m. STMA Ice Arena Board meeting
13 7:00 p.m. Family-Youth Community Cooperative (FYCC)
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)

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 (TUESDAY)
26 7:00 p.m. Committee of the Whole Workshop (tentative)

TEMPORARILY ADJOURN THE REGULAR CITY COUNCIL MEETING TO GO INTO A CLOSED MEETING

Mayor Klecker asked for a motion to close the regular City Council meeting to go into a Closed Session to discuss the Hennen Construction Co. vs. Contractor Property Developers Company, a Minnesota corporation; Alliance Bank, a corporation; and City of Albertville, a Minnesota municipal corporation litigation.

MOTION BY Council member Wagner, seconded by Council member Vetsch to close the regular the regular City Council meeting to go into a Closed Session to discuss the Hennen Construction Co. vs. Contractor Property Developers Company, a Minnesota corporation; Alliance Bank, a corporation; and City of Albertville, a Minnesota municipal corporation litigation. Motion carried unanimously.

RECONVENE THE REGULAR CITY COUNCIL MEETING AND TAKE ANY ACTION ON CLOSED MEETING IF NECESSARY

MOTION BY Council member Vetsch, seconded by Council member Fay to reconvene the regular the regular City Council meeting. Motion carried unanimously.

No additional action was necessary.

ADJOURNMENT

MOTION BY Council member Fay, seconded by Council member Sorensen to adjourn the Tuesday, February 17, 2009 regular City Council meeting at 9:11 p.m. Motion carried unanimously.

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