2011-10-03 CC PacketNibertville
�.Ng tvUN City of Albertville Council Agenda
October 3, 2011
7:00 PM
PUBLIC COMMENTS -The City of Albertville welcomes and encourages public input on issues listed
on the agenda or of general community interest. Advertised public hearings are scheduled as such so that
the public is afforded an opportunity to speak. Citizens wishing to address the Mayor and Council
regarding specific agenda items, other than public hearings should indicate so and will be afforded an
opportunity during the discussion of said item, Council willing and time permitting. Citizens wishing to
speak on matters not listed on the agenda (or items on the agenda that did not include an opportunity to
speak) are always afforded the opportunity to do so under the heading "Citizens Addressing the Council",
usually scheduled at the beginning and end of the agenda. Presentations are limited to five (5) minutes. In
any case, citizens are asked to complete a `Request to Speak Card'.
1. CALL TO ORDER
2. PLEDGE OF ALLEGIANCE — ROLL CALL
3. RECOGNITIONS — PRESENTATIONS — INTRODUCTIONS
4. CITIZENS OPEN FORUM — (time reserved 5 minutes)
5. AMENDMENTS TO THE AGENDA
6. CONSENT AGENDA
7. DEPARTMENT BUSINESS
A. City Council
1). Request from the STMA Youth Hockey Association — Tammy Tupper, on behalf
of the STMA Youth Hockey Association would like to request the City Council
to waive the $50 Temporary Seasonal Sales Permit fee
2). Oral Update on the Joint Powers Water Board meeting
B. Fire Department
C. Public Works Department
City of Albertville Council Agenda
October 3, 2011 Page 2
D. Utilities Department (WWTP)
E. Building Department
F. Finance Department
1). Authorize the Monday, October 3, 2011 payment of the claims that includes
electronic payments 187 EFT and check numbers 30240 to 30294 as presented
(pgs. 1-8)
G. City Clerk
1). Approve the Monday, September 19, 2011 regular City Council meeting (pgs. 9-
21)
H. Planning and Zoning
1). Patti J's Restaurant — continued discussion on the SAC and WAC fees from the
September 19, 2011 regular Council meeting (pgs. 22-24)
I. Engineering
1). Accept the City Engineer's Project Status (pgs. 26-27)
2). Four Season Park — Trail Improvement (continued discussion item from
September 19, 2011)
J. Legal
1). Accept the City Attorney's Report (pgs. 28-29)
2). Proposed Amendments to the City Administrator's Contract (pgs. 30-35)
K. Administration
1). City Administrator Update — Ukrainian Delegates
8. ANNOUNCEMENTS and or UPCOMING MEETINGS
October 2011
10 6:00 p.m. STMA Ice Arena Board meeting
11 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
M:\PublicData\CityCouncil\CounciI Packet information\2011\10 03 2011\10 03 2011 Agenda.doc
Meeting Date: October 3, 2011
City of Albertville Council Agenda
October 3, 2011 Page 3
24 8:00 p.m. Parks and Recreation Committee meeting
31 6:00 p.m. Joint Albertville -St. Michael Councils & STMA School mtg
M
Su
M Tu
INIMMIM
W
Th
F
Sa
1
2
4
5
6
7
8
9
12
13
14
15
16
18
19
20
21
22
23
25
311
26
27
28
1
29
1 1
30
November 2011
7 7:00 p.m.
8 7:00 p.m.
11 all day
14 6:00 p.m.
21 7:00 p.m.
24 all day
25 all day
28 6:00 p.m.
28 8:00 p.m.
City Council meeting
Planning and Zoning Commission meeting
Veteran's Day observed — City offices closed
STMA lee Arena Board meeting
City Council meeting
Thanksgiving Day observed — City offices closed
Friday after Thanksgiving — PW-UD closed
Joint Powers Water Board meeting
Parks and Recreation Committee meeting
.December 2011
5 7:00 p.m. City Council meeting
12 6:00 p.m. STMA lee Arena Board meeting
13 7:00 p.m. Planning and Zoning Commission meeting
19 7:00 p.m. City Council meeting
26 all day Christmas Day observed — City offices closed
MAPublic Data\City CounciWouncil Packet information\2011\10 03 2011\10 03 2011 Agenda.doc
Meeting Date: October 3, 2011
City of Albertville Council Agenda
October 3, 2011 Page 4
26 :00 p.m. Parks and Recreation Committee mtg. cancelled (?)
27 6:00 p.m. Joint Powers Water Board meeting
9. ADJOURNMENT
M:\PublicData\CityCouncil\Councit Packet infonnation\2011\10 03 2011\10 03 2011 Agenda.doc
Meeting Date: October 3, 2011
1bcrtvijl£ Mayor and Council Communication
September 29, 2011
SUBJECT: FINANCE DEPARTMENT — PAYMENT OF BILLS
RECOMMENDATION: It is respectfully requested that the Mayor and Council consider the
following:
Motion to authorizing the Monday, October 3, 2011 payment of the claims that includes
electronic payments 187 EFT and check numbers 30240 to 30294 as presented except the bills
specifically pulled, which are passed by separate motion.
BACKGROUND: The City process's claims on a semi-monthly basis. The bills are approved
through their respective departments and administration and passed onto the City Council for
approval.
KEY ISSUES:
Account codes starting with 810 are STMA Arena ExpensesNendors (bolded)
Check No. 30264 Nagell Appraisal — 11800 Lachman appraisal (invoiced 50% to property
owner).
Check No. 30283 SRF Consulting — Payment on Final Design I-94, reviewed and
recommended payment by City Engineer
POLICY/PRACTICES CONSIDERATIONS: It is the City's policy to review and approve
payables on a semi-monthly basis.
FINANCIAL CONSIDERATIONS: City staff has reviewed and recommends approval of
payments presented.
LEGAL CONSIDERATIONS: The Mayor and Council have the authority to approve all bills
pursuant to Minnesota State Law, which requires all bills to be paid in a timely manner,
generally within 30 days unless one party determines disputes the billing.
Submitted through: Larry R. Kruse, City Administrator
Department/Responsible Person: Finance/Tina Lannes, Finance Director
Attachments: Check Register Detail
M:\Public Data\Requests for Council Actions (RCA)\2011\10 03 2011 Finance Bills Report (RCA).doc
Agenda Item No. 7..i[' . .
Meeting Date October 3, 2011
i
A\1bertvillf:if
Check Detail Register
October 3, 2011
10100 Premier Bank
Paid Chk# 000187E 10/3/2011 BOLTON & MENK, INC
E 101-42400-303 Engineering Fees
Total BOLTON & MENK, INC
Check Amt Invoice Comment
$420.00 0141566 2011 Bldg & Zoning 6/25 - 7/22/2011
$420.00
Paid Chk# 030240 10/3/2011 AFLAC
G 101-21710 Other Deducations $193.76 156543
Total AFLAC $193.76
Paid Chk# 030241 10/3/2011 ANCOM TECHNICAL CENTER
E 101-42000-586 Capital - Pagers $95.00 24703
E 101-42000-586 Capital - Pagers $161.38 24754
Total ANCOM TECHNICAL CENTER $256.38
Paid Chk# 030242 10/3/2011 ARAMARK UNIFORM SERVICES
Insurance Premium
FD pagers/radios test to specs
FD Minitor V Nimh Battery Pack
E 101-41940-405
Repair/Maint Buildings
$50.00 629-7328695
CH mats, mops, towels
E 101-42000-405
Repair/Maint - Buildings
$12.83 629-7328697
FD Mats
E 101-43100-417
Uniform Rentals
$9.86 629-7328702
Uniforms PW
E 101-45100-417
Uniform Rentals
$9.85 629-7328702
Uniforms Pks
E 602-49400-417
Uniform Rentals
$9.86 629-7328702
Uniforms Swr
E 601-49450-417
Uniform Rentals
$9.86 629-7328702
Uniforms Wtr
E 602-49400-417
Uniform Rentals
$12.98 629-7333556
Uniforms Swr
E 601-49450-417
Uniform Rentals
$12.98 629-7333556
Uniforms Wtr
E 101-45100-417
Uniform Rentals
$12.99 629-7333556
Uniforms Pks
E 101-43100-417
Uniform Rentals
$12.98 629-7333556
Uniforms PW
Total
ARAMARK UNIFORM SERVICES
$154.19
Paid Chk# 030243 10/3/2011 CABLING SERVICES CORPORATION
E 101-43100-405
Repair/Maint - Buildings
$50.00 12737
Total CABLING SERVICES CORPORATION
$50.00
Paid Chk# 030244
10/3/2011 CARLSON BUILDING SERVICES, INC
E 101-41940-210
Operating Supplies (GENERAL)
$57.88 37337
E 601-49450-210
Operating Supplies (GENERAL)
$57.88 37337
E 101-43100-215
Shop Supplies
$57.88 37337
E 602-49400-210
Operating Supplies (GENERAL)
$57.88 37337
E 101-42000-200
Office Supplies (GENERAL)
$57.88 37337
E 101-42000-200
Office Supplies (GENERAL)
$88.70 37406
E 101-41940-405
Repair/Maint - Buildings
$422.16 37406
E 101-41940-405
Repair/Maint - Buildings
$377.06 37596
Total CARLSON BUILDING SERVICES, INC
$1,177.32
Paid Chk# 030245
10/3/2011 CENTURYLINK COMMUNICATIONS AZ
E 101-42000-321
Telephone
$26.50 313117835-
E 101-41940-321
Telephone
$26.50 313117835-
E 101-41940-321
Telephone
$26.50 313117835-
E 101-45100-321
Telephone
$26.50 313117835-
E 601-49450-321
Telephone
$27.88 313117835-
E 101-42000-321
Telephone
$29.49 313117835-
E 101-41940-321
Telephone
$26.50 313117835-
E 101-43100-321
Telephone
$29.49 313117835-
E 101-41940-321
Telephone
$35.44 313117835-
E 101-41940-321
Telephone
$22.62 313117835-
Telephone Technical Support
TP/rowels/Trash Liners
TP/Towels/Trash Liners
TP/Towels/Trash Liners
TP/Towels/Trash Liners
TP/Towels/Trash Liners
FD Cleaning
CH Cleaning
Window Cleaning inside and out
FD 497-7474
497-3486
CH2 497-3695
PK 497-2215
WWTF 497-1888
FD 497-1340
497-3704
WWTF 497-0774
RB 497-0452
taxes & surcharges
E 101-42000-321 Telephone $28.07 313117835- CH 1 497-0261
E 601-49450-321 Telephone $26.50 313117835- WWTF 497-0269
Total CENTURYLINK COMMUNICATIONS $331.99
M:\Public Data\City Council\Council Packet information\2011\10 03 2011\10 03 2011 Finance Bills Posted 2011.doc
Agenda Item No. 1 . i' . a .
Meeting Date October 3, 2011
0
Mayor and Council Communication — September 29, 2011
Finance — Payment of Claim's Page 2 of 6
Check Amt Invoice Comment
10100 Premier Bank
Paid Chk# 030246
10/3/2011 CHARTER COMMUNICATIONS
E 101-42000-321
Telephone
$11.32 9-11
Total CHARTER COMMUNICATIONS
$11.32
Paid Chk# 030247
10/3/2011 CONTINENTAL RESEARCH
CORP
E 101-43100-405
Repair/Maint -Buildings
$408.68 358589-CRC-1
Quart Flip Top Caps
Total
CONTINENTAL RESEARCH CORP
$408.68
Paid Chk# 030248
10/3/2011 DINKEL, AMY
G 101-22900 Rental
Deposit Escrow
$100.00 Refund
Total DINKEL, AMY
$100.00
Paid Chk# 030249
10/3/2011 DJS TOTAL HOME CARE CNTR FIRE
E 101-42000-404
Repair/Maint - Machinery/Equip
$18.77 056015
E 101-42000-404
Repair/Maint -Mach inery/Equ ip
$12.48 056313
E 101-42000-404
Repair/Maint - Machinery/Equip
$78.90 056330
polis
Total DJS TOTAL HOME CARE CNTR FIRE
$110.15
Paid Chk# 030250
10/3/2011 ESS BROTHERS & SONS, INC.
E 101-43100-400
Repair/Maint - Paved Rd
$253.29 QQ4858
E 101-43100-402
Repair/Maint -Sidewalks
$367.65 QQ4859
hangers
Total ESS BROTHERS & SONS, INC.
$620.94
Paid Chk# 030251
10/3/2011 FEDERATED CO-OPS,
INC.
E 601-49450-210
Operating Supplies (GENERAL)
$79.25 F40425
E 101-45100-210
Operating Supplies (GENERAL)
$106.86 F40541
Total FEDERATED CO-OPS, INC.
$186.11
Paid Chk# 030252
10/3/2011 FYCC
E 101-45000-598
Pledges & Contributions
$1,587.42 1043
Total FYCC
$1,587A2
Paid Chk# 030253 10/3/2011 GENERAL RENTAL
E 101-43100-403 Repair/Maint - Catch Basins
4 1/4"
Total GENERAL RENTAL
Paid Chk# 030254 10/3/2011 HAAG ENGINEERING
E 810-00000-303 Engineering Fees
4/22/10
FD Telephone
Graffiti -Gone, Majic Glean Q,
8/22/2011 Refund Deposit Park Rental
FD nylon rope, penzoil, spring snap
FD notions & misc, cut glass
FD carwax, car polish, mag & alum
M Back
Truncated Comes 2x 2 - no paint with
Buccaneer Plus 2.5 gal
Sunny Place 50 lb
FYCC October 2011
$60.86 0167709 Rental 1 core drill large, 1 core drill bit
$60.86
$490.00 MNTC478942 STMA Arena 2 engineering hours
Total HAAG ENGINEERING
$490.00
Paid Chk# 030255
10/3/2011 HENRYS WATERWORKS,
INC
E 101-42000-405
Repair/Maint - Buildings
$994.24 15310
FD R/M Fire Bldg - flange,
Total HENRYS WATERWORKS, INC
$994.24
Paid Chk# 030256
10/3/2011 HEURING RICK
G 101-22900 Rental Deposit Escrow
$100.00 Refund
Rental Deposit Refund 9117/11 Park
Shelter
Total HEURING RICK
$100.00
Paid Chk# 030257
10/3/2011 VOID
Paid Chk# 030258
10/3/2011 MEDICA
E 602-49400-130
Employer Paid Ins (GENERAL)
$1,255.81 25305427
Emp Health Ins
E 101-41400-131
Employer Paid Health
$552.73 25305427
Emp Health Ins
E 101-41500-131
Employer Paid Health
$970.01 25305427
Emp Health Ins
E 101-42400-130
Employer Paid Ins (GENERAL)
$1,085.72 25305427
Emp Health Ins
E 101-43100-130
Employer Paid Ins (GENERAL)
$1,342.39 25305427
Emp Health Ins
E 101-45100-130
Employer Paid Ins (GENERAL)
$1,467.70 25305427
Emp Health Ins
E 601-49450-130
Employer Paid Ins (GENERAL)
$1,255.81 25305427
Emp Health Ins
G 101-21706 Group Insurance Payable
$3,480.43 25305427
Emp Health Ins emp port
E 810-00000-130
Employer Paid Ins (GENERAL)
$855.01 25305427
Emp Health Ins
E 101-41300-131
Employer Paid Health
$614.17 25305427
Emp Health Ins
Total MEDICA
$12,879.78
M:\Public Data\City Council\Council Packet inform ation\201 I\ 10 03
2011\10 03 2011 Finance Bills
Posted 2011.doc
Agenda Item No. I . R' . 1..
Meeting Date October 3, 2011
2
Mayor and Council Communication - September 29, 2011
Finance - Payment of Claims
Check Amt Invoice Comment
10100 Premier Bank
Page 3 of 6
Paid Chk# 030259 10/3/2011 MILLER TRUCKING/LANDSCAPING SU
E 101-43100-402 Repair/Maint - Sidewalks $68.83 September 3/4" minus granite - 2 yards
Total MILLER TRUCKING/LANDSCAPING $68.83
Paid Chk# 030260
10/3/2011 MINNESOTA COPY SYSTEMS
E 601-49450-413
Office Equipment Rental
$43.69
76122
Copier Lease
E 604-49960-413
Office Equipment Rental
$15.89
76122
Copier Lease
E 101-41400-413
Office Equipment Rental
$119.17
76122
Copier Lease
E 602-49400-413
Office Equipment Rental
$19.86
76122
Copier Lease
E 101-42000-310
Other Professional Services
$60.00
76300
FD Copier lease
Total MINNESOTA COPY SYSTEMS
$258.61
Paid Chk# 030261
10/3/2011 MTR SERVICES INC
E 101-43100-403
Repair/Maint - Catch Basins
$170.00
4305a
800-100 2 Yanmar dig in drain tile 49th
St NE
Total MTR SERVICES INC $170.00
Paid Chk# 030262 10/3/2011 MUNICIPAL EMERGENCY SER. INC.
E 101-42000-584 Capital - Turnout Gear $57.67 00263943_SN FD Air packs - knobs for compressor
Total MUNICIPAL EMERGENCY SER. INC. $57.67
Paid Chk# 030263 10/3/2011 MVTL LABORATORIES, INC
E 601-49450-218
Testing Expenses
$123.40 567552 Testing chemicals
Total MVTL LABORATORIES, INC
$123.40
Paid Chk# 030264
10/3/2011 NAGELL APPRAISAL &
CONSULTING
E 101-41000-300
Professional Srvs (GENERAL)
$900.00 17951 11800 Lachman Ave NE
Total NAGELL APPRAISAL & CONSULTING
$900.00
Paid Chk# 030265
10/3/2011 NEXTEL COMMUNICATIONS
E 101-42000-321
Telephone
$104.98 718183318- Nextel Phones
E 101-42400-323
Nextel Radio Units
$62.76 718183318- Nextel Phones
E 101-43100-323
Nextel Radio Units
$77.85 718183318- Nextel Phones
E 101-45100-323
Nextel Radio Units
$77.85 718183318- Nextel Phones
E 602-49400-323
Nextel Radio Units
$77.85 718183318- Nextel Phones
E 101-41500-323
Nextel Radio Units
$69A6 718183318- Nextel Phones
E 101-41300-321
Telephone
$69.46 718183318- Nextel Phones
E 601-49450-323
Nextel Radio Units
$77.85 718183318- Nextel Phones
Total NEXTEL COMMUNICATIONS
$618.06
Paid Chk# 030266
10/3/2011 NEXTERA COMMUNICATIONS
E 101-43100-321
Telephone
$64.14 005786029466 7% Phone/Data Network
E 101-42400-321
Telephone
$183.27 005786029466 20% Phone/Data Network
E 602-49400-321
Telephone
$27.49 005786029466 3% Phone/Data Network
E 601-49450-321
Telephone
$27.49 005786029466 3% Phone/Data Network
E 101-42000-321
Telephone
$64.14 005786029466 7% Phoner/Data Network
E 101-41940-321
Telephone
$549.81 005786029466 60% Phone/Data Network
Total NEXTERA COMMUNICATIONS
$916.34
Paid Chk# 030267
10/3/2011 NIKE
G 101-22900 Rental Deposit Escrow
$100.00 Refund Refund Park Deposit 7/17/11 event
Total NIKE
$100.00
Paid Chk# 030268 10/3/2011 NORTH MEMORIAL URGENT CARE
E 101-42000-305 Medical -Physicals $211.00 498059-00 FD New Hire Physical - Wortman
Total NORTH MEMORIAL URGENT CARE $211.00
Paid Chk# 030269 10/3/2011 NORTHERN TOOL & EQUIPMENT
E 101-43100-404 Repair/Maint - Machinery/Equip $344.31 September 11 claw hammer, rip hammer (2) Alum
Side Bin Truck
Total NORTHERN TOOL & EQUIPMENT $344.31
Paid Chk# 030270 10/3/2011 NORTHWEST CARPET & UPHOLSTERY
E 101-43100-405 Repair/Maint -Buildings $101.53 11880 Carpet Cleaning PW offices
Total NORTHWEST CARPET & UPHOLSTERY $101.53
M:\Public Data\City Council\Council Packet information\2011\10 03 2011\10 03 2011 Finance Bills Posted 201 Ldoc
Agenda Item No. 7. !' . I .
Meeting Date October 3, 2011
Mayor and Council Communication - September 29, 2011
Finance - Payment of Claims Page 4 of 6
Check Amt Invoice Comment
10100 Premier Bank
Paid Chk# 030271
10/3/2011 OMANN BROTHERS
E 101-43100-400
Repair/Maint - Paved Rd
$69.45 9341
1/2' #2341 AC Mix
Total OMANN BROTHERS
$69.45
Paid Chk# 030272
10/3/2011 OXYGEN SERVICE COMPANY
E 101-43100-215
Shop Supplies
$91.59 78123
Oxygen, Compressed
Total OXYGEN SERVICE COMPANY
$91.59
Paid Chk# 030273
10/3/2011 PITNEY BOWES- PA
E 101-41400-413
Office Equipment Rental
$31.11 0787150-SP11
Machine Rental
E 601-49450-413
Office Equipment Rental
$11.22 0787150-SPIT
Machine Rental
E 602-49400-413
Office Equipment Rental
$5.10 0787150-SP11
Machine Rental
E 604-49960-413
Office Equipment Rental
$3.57 0787150-SP11
Machine Rental
Total PITNEY BOWES- PA
$51.00
Paid Chk# 030274
10/3/2011 PRINCIPAL LIFE INSURANCE CO
E 101-43100-130
Employer Paid Ins (GENERAL)
$190.83 100866210001
Emp Life, Dental, Stdis
E 602-49400-130
Employer Paid Ins (GENERAL)
$232.47 100866210001
Emp Life, Dental, Stdis
E 101-41300-131
Employer Paid Health
$82.43 100866210001
Emp life, Dental, Stdis
E 101-41400-131
Employer Paid Health
$95.11 100866210001
Emp Life, Dental, Stdis
E 101-41500-131
Employer Paid Health
$166.59 100866210001
Emp Life, Dental, Stdis
E 101-42400-130
Employer Paid Ins (GENERAL)
$102.01 100866210001
Emp Life, Dental, Stdis
E 601-49450-130
Employer Paid Ins (GENERAL)
$232A7 100866210001
Emp Life, Dental, Stdis
E 101-45100-130
Employer Paid Ins (GENERAL)
$189.50 100866210001
Emp Life, Dental, Stdis
E 810-00000-130
Employer Paid Ins (GENERAL)
$124.38 100866210001
Emp Life, Dental, Stdis
G 101-21710 Other Deducations
$91.54 100866210001
Emp Life, Dental, Stdis
Total
PRINCIPAL LIFE INSURANCE CO
$1,507.33
Paid Chk# 030275
10/3/2011 RANDY'S SANITATION
E 810-00000-384
Refuse/Garbage Disposal
$73.62 October 11
STMA Arena Garbage
Total RANDY'S SANITATION
$73.62
Paid Chk# 030276
10/3/2011 RAPIT PRINTING
E 101-41100-300
Professional Srvs (GENERAL)
$844.73 104939
4 page newsletter 2011 Volume 3
Total RAPIT PRINTING
$844.73
Paid Chk# 030277
10/3/2011 S & T OFFICE PRODUCTS
E 101-41400-200
Office Supplies (GENERAL)
$247.45 01000781
Wall Calendars, ink Cartridge, paper
clips, labels, copier paper, binders,
ink pens
Total S & T OFFICE PRODUCTS
$247.45
Paid Chk# 030278
10/3/2011 SCHULTE'S GREENHOUSE & NURSERY
E 101-41940-530
Capital - Improvements
$72.50 002326
1 Maple, Red, Autumn Radiance Tree
Total SCHULTE'S GREENHOUSE &
$72.50
Paid Chk# 030279
10/3/2011 SENTRY SYSTEMS, INC.
E 101-42000-405
Repair/Maint - Buildings
$20.25 644356
FD Fire Alarm
E 101-42000-405
Repair/Maint - Buildings
$4.22 644356
FD Daily Test
E 101-43100-405
Repair/Maint - Buildings
$31.27 644356
PW Fire Alarm
Total SENTRY SYSTEMS, INC.
$55.74
Paid Chk# 030280
10/3/2011 SHRED RIGHT -A ROHN INDUSTRIES
E 101-41400-300
Professional Snrs (GENERAL)
$30.00 105683
Document Destruction
Total SHRED
RIGHT -A ROHN INDUSTRIES
$30.00
Paid Chk# 030281
10/3/2011 SIGMA CONTROLS, INC
E 601-49450-404
Repair/Maint - Machinery/Equip
$511.92 017212
Rebuild unit, cables
Total SIGMA CONTROLS, INC
$511.92
Paid Chk# 030282
10/3/2011 SPORT SYSTEMS UNLIMITED CORP
E 101-45100-530
Capital -Improvements
$1,042.50
1 GPN8FPS surpass nat 8' Straight, 3
PN8FPS surpass nat 8' straight
Total SPORT
SYSTEMS UNLIMITED CORP
$1,042.50
M:\PublicData\City CouncihCouncil Packet information\2011\10 03 2011\10 03 2011 Finance Bills Posted 2011.doc
Agenda Item No. 7..1[' . I .
Meeting Date October 3, 2011
X
Mayor and Council Communication — September 29, 2011
Finance — Payment of Claims . Page 5 of 6
Check Amt Invoice Comment
10100 Premier Bank
Paid Chk# 030283
10/3/2011 SRF CONSULTING GROUP, INC
E 468-49000-303
Engineering Fees
$7,799.22 0000017
1- 94 Collector Dist Road Final Design
E 468-49000-303
Engineering Fees
$20,770.00 06796.00-18
194 Collector Dist Road Additional out
of scope services
Total
SRF CONSULTING GROUP, INC
$28,569.22
Paid Chk# 030284
10/3/2011 ST. CLOUD REFRIGERATION
E 810-00000-405
Repair/Maint - Buildings
$683.33 238281
STMA Arena October maintenance
contract 6 out of 12
Total ST. CLOUD REFRIGERATION
$583.33
Paid Chk# 030285
10/3/2011 T & S TRUCKING OF BUFFALO,
INC
E 101-43100-227
Street Sweeping
$595.00 451
Street Sweeping Main & 50th Kalland,
Total T & S TRUCKING OF BUFFALO, INC
$595.00
Paid Chk# 030286
10/3/2011 TITAN MACHINERY
E 101-43100-404
Repair/Maint - Machinery/Equip
$195.54 VC00866
621 C/Tim
E 101-43100-404
Repair/Maint - Machinery/Equip
$5&39 VC00982
Wiper Arm
Total TITAN MACHINERY
$251.93
Paid Chk# 030287
10/3/2011 TRYCO LEASING INC
E 101-43100-410
Rentals (GENERAL)
$208.52 5708
PW copier Toshiba Estudio 2830
E 101-42000-412
Building Rentals/Admin Fee
$113.64 5709
FD Samsung copier lease
E 101-41400-413
Office Equipment Rental
$194.79 5710
Copier Lease
E 604-49960-413
Office Equipment Rental
$25.97 5710
Copier Lease
E 602-49400-413
Office Equipment Rental
$32.47 5710
Copier Lease
E 601-49450-413
Office Equipment Rental
$71.42 5710
Copier Lease
Total TRYCO LEASING INC
$646.81
Paid Chk# 030288
10/3/2011 VALERIUS, BILL
E 101-42000-582
Capital - Misc. Equipment
$350.28 September
2 GPS, 2 Outlets for GPS
E 101-42000-200
Office Supplies (GENERAL)
$71.13 September
Printer invitation, equipt for party
Total VALERIUS, BILL
$421.41
Paid Chk# 030289
10/3/2011 WASTE MANAGEMENT
E 101-45100-384
Refuse/Garbage Disposal
$99.30 6031708-1593-1 Garbage Pks
E 601-49450-384
Refuse/Garbage Disposal
$74.94 6031708-1593-1 Garbage WWTF
E 101-43100-384
Refuse/Garbage Disposal
$77.70 6031708-1593-1 Garbage PW
Total WASTE MANAGEMENT
$251.94
Paid Chk# 030290
10/3/2011 WATSON COMPANY
E 810-00000-252
Food/Consessions For Resale
$1,335.27 803923
STMA Arena concessions, plates,
franks, pretzels, cookie
dough
Total WATSON COMPANY
$1,335.27
Paid Chk# 030291
10/3/2011 WRIGHT CTY AUDITOR/TREASURER
R 101-00000-34950
Other Revenues
$1,262.41 8600021029
August 11 fees/fines
Total WRIGHT
CTY AUDITOR/TREASURER
$1,262.41
Paid Chk# 030292
10/3/2011 XCEL ENERGY
E 810-00000-381
Electric Utilities
$7,482.40 5158733154-
STMA Arena Electricity
Total XCEL ENERGY
$7,482.40
Paid Chk# 030293
10/3/2011 MAGIC WATER
E 101-42000-404
Repair/Maint - Machinery/Equip
$168.00 17147E
FD 1 case 20oz bottled water
E 101-42000-404
Repair/Maint - Machinery/Equip
$168.00 17245E
FD 1 case 20oz bottled water
Total MAGIC WATER
$336.00
Paid Chk# 030294
10/3/2011 FILTER FRESH
E 810-00000-252
Food/Consessions For Resale
$320.47 23641670-
Concessions coffee, cocoa powder,
app.
Total FILTER FRESH $656.47
10100 Premier Bank $70,656.91
M:\Public Data\City Council\Council Packet information\2011\10 03 2011\10 03 2011 Finance Bills Posted 201 Ldoc �{
Agenda Item No. 1ry . F.I.
Meeting Date October 3, 2011
7
Mayor and Council Communication — September 29, 2011
Finance — Payment of Claims Page 6 of 6
Check Amt Invoice Comment
10100 Premier Bank
Fund Summary
10100 Premier Bank
101 GENERAL FUND
$26,401.45
468 CSAH 19 RAMPS/I 94 Project
$28,569.22
601 SEWER FUND
$2,644.56
602 WATER FUND
$1,731.77
604 STORM WATER
$45.43
810 STMA ARENA
$11,264.48
$70,656.91
M:\Public Data\City Council\Council Packet information\2011\10 03 2011\10 03 2011 Finance Bills Posted 2011.doc
Agenda Item No. 7 . F. 1 .
Meeting Date October 3, 2011
1 F
lbcrtv1 nc Mayor and Council Communication
Up -
September 29, 2011
SUBJECT: CITY CLERK - CITY COUNCIL MINUTES
RECOMMENDATION: It is respectfully requested that the Mayor and Council consider the
following:
MOTION TO approve the Monday, September 19, 2011 regular City Council minutes;
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.
BACKGROUND: City staff attends the regularly scheduled City Council meetings and various
other workshops to record and document any action that takes place or motions that are made
during such meetings. The minutes are presented for Council to review and amend the content
as they see necessary. Staff will amend the presented minutes to incorporate the corrections
made by the Council.
KEY ISSUES:
• Council members and staff have the opportunity to make necessary corrections to the
documented minutes.
• Approve the minutes as prepared by City staff with no amendments.
• Minutes are permanent records of the City's documents.
LEGAL ISSUES: In accordance with Council and Auditing practices, the Mayor, Council, and
staff members have the ability to amend minutes, which requires a consensus of the City
Council.
Submitted through: Larry R. Kruse, City Administrator
Department/Responsible Person: Administration/Bridget Miller, City Clerk
Attachments: September 19, 2011 regular minutes
M:\PublieData\Requests for Council Actions (RCA)\2011\10 03 2011 City Clerk minutes RCA.doc
Agenda Item No. 7. G . I..
Meeting Date October 3, 2011
A�Ibcrtvillc
ALBERTVILLE CITY COUNCIL
September 19, 2011
MINUTES
ALBERTVILLE CITY HALL
CALL TO ORDER — PLEDGE OF ALLEGIANCE
The meeting was called to order at 7:03 p.m. followed by the Pledge of Allegiance.
ROLL CALL
7:00 PM
MEMBERS PRESENT: Mayor Mark Meehan, Council members Larry Sorensen, Jillian
Schommer, and Dan Wagner
STAFF MEMBERS PRESENT: City Planner Al Brixius, City Attorney Mike Couri, Finance
Director Tina Lannes, City Clerk Bridget Miller, City Engineer Adam Nafstad, and Building
Official/Zoning Administrator Jon Sutherland
ABSENT: Council member John Vetsch and City Administrator Larry Kruse
RECOGNITIONS — PRESENTATIONS — INTRODUCTIONS
STMA SOCCER CLUB — THOMAS DAWSON TO PRESENT A DONATION - MOTION TO APPROVE
RESOLUTION No. 20.1.1-030 ENTITLED A RESOLUTION ACKNOWLEDGING A DONATION
FROM: THE STMA YOUTH SOCCER ORGANIZATION IN THE AMOUNT OF $1,200
Mayor Meehan opened the presentation by introducing Thomas Dawson STMA Soccer Club
representative.
Mr. Dawson thanked the Albertville Council for the opportunity to speak. Dawson continued by
using a PowerPoint presentation that gave general information about the STMA Soccer Club.
Included were facts that the Soccer Club is ranked in the top 10% within the State. The members
of the STMA Soccer Club feel this is an accomplishment as Albertville and St. Michael are
smaller communities compared to others. Dawson reported there were 151 total players
registered this past year, which the numbers are slowly increasing each year.
M:\Public Data\City Council\Council Minutes\2011 Minutes\DRAFT bm\M 09-19-2011 draft bm-lk.doc
11
City of Albertville
City Council Minutes
September 19, 2011
Page 2 of 11
Dawson wanted the Mayor and Council members to pass on the message to Public Works
Supervisor Guimont and his crew that the STMA Soccer Club appreciates the effort that is put
into maintaining the fields throughout the Albertville parks. To show appreciation, the STMA
Soccer Club would like to make a donation of $1,200 towards the maintenance and upkeep of the
fields. The nets at some of the parks are beginning to show some wear and tear, so if some of the
funds could be applied to investing in new nets it would be nice.
Dawson concluded with one more "thank you" to the City for making room to allow soccer
fields within the parks for the youth in the community to get out and enjoy playing the sport of
soccer.
Mayor Meehan with the rest of the Council members accepted the donation followed by a quick
photo.
STMA WOMEN OF TODAY — PROCLAMATION (SEPTEMBER IS — 24 AS WOMEN OF TODAV
WEEK)
Mayor Meehan announced that the STMA Women of Today were present to acknowledge this
week as Women of Today week. The Proclamation was presented with a `thank you' from the
Mayor and Council members for the work they do for the community. In addition to the STMA
Women of Today coordinating and hosting two (2) craft fairs each calendar year, the women are
dedicated to promoting community service through the Adopt -a -Family service, along with
numerous donations and service hours worked within our community and the local school
district. The organization has provided personal enrichment and leadership development to the
members of this community through service. The STMA Women of Today has been a vital part
of the St. Michael and Albertville community for twenty-seven (27) years, and are "united by
their friendship and belief in the future".
Mayor Meehan invited the Council members to participate in the presentation of the
Proclamation acknowledging that September 18 to September 24 is hereby proclaimed as
Women of Today week within the Albertville community.
CITIZEN FORUM
No comments
AMENDMENTS TO THE AGENDA
Mayor Meehan asked for amendments to the agenda, which the following items were added:
TH.1. Planning — Discussion on Patty Fs Restaurant moved up on the agenda
M:\Public Data\City Council\Council Minutes\2011 Minutes\DRAFT bm\M 09-19-2011 draft bm-lk.doc
12
City of Albertville
City Council Minutes
September 19, 2011
Page 3 of 11
(City Clerk Miller)
7.I.2. Engineering — Release Letter of Credit — Albertville Townhomes (City Engineer Nafstad)
7.K.1. Administration — Amendment to the 2012-2013 Law Enforcement Contract
(City Clerk Miller)
CMs Sorensen/Wagner motioned to approve the three (3) additions to the September 19, 2011
regular Council agenda and moving item TH.1. Planning -discussion of the Patty J's Restaurant
SAC/WAC fees before the City Council reports as noted below:
TAL 1. Planning — Discussion on Patty J's Restaurant moved up on the agenda
7.I.2. Engineering — Release Letter of Credit — Albertville Townhomes
TKA . Administration —Amendment to the 2012-2013 Law Enforcement Contract
Motion carried unanimously.
CONSENT AGENDA
No comments
DEPARTMENT BUSINESS
PLANNING AND ZONING
Discussion of the Sewer Access Charge and Water Access Charge for the address of 5262 Kyler
Avenue NE, Suite 112
Building Official Sutherland began the discussion noting that Mr. Svolopoulos, owner of Patti
J's, came to City Hall and applied for a building permit to do a tenant finish within Suite No. 112
of 5262 Kyler Avenue NE. It was disclosed that in December 2010 a permit was submitted to
construct a doorway opening in the wall between Suite 111 and Suite 112. Following the
approval of the building permit and installation of the door the owner of the strip, Mr. Clouttier,
was supposed to complete a Development Application
Sutherland stated that when BB Wireless occupied the space the SAC and WAC fees were
calculated based on the retail/office type usage. Now that the owner of Patty J's wants to expand
into the space approximately nine (9) months ago that changes the SAC/WAC calculation
because of the increase in the sewer and water usage for a sit-down restaurant. The floor layout
has changed from a retail business to an eating establishment with seating. The increase in
sewer -water usage is due to washing dishes and cleaning the space after the customers have left.
The restrooms that were designated for the business of BB Wireless will go up because of the
additional customers in the space.
Staff has notified Mr. Svolopoulos that they are not allowed to occupy the space until they
follow through with the submission of a change of use application and a building permit for a
M:\Public Data\City Council\Council Minutes\2011 Minutes\DRAFT bm\M 09-19-2011 draft bm-lk.doc
13
City of Albertville
City Council Minutes
September 19, 2011
Page 4 of 11
tenant finish identifying the layout of the space. Included with the change of use and building
permit involves the re -calculation of the SAC/WAC and the installation of a sprinkler system per
the Albertville City Code.
Sutherland informed the Council that Mr. Clouttier and Mr. Svolopoulos were present to express
their hardship with the cost of the charges that are being applied to the space.
Mr. Clouttier stated the previous owner was Mr. Finken and that he took ownership of the strip
mall in February 2008. Clouttier proceeded to note that when the facility was initially
constructed the Section 1306 Fire Code was not included in the Building Standards. Clouttier
confirmed that Section 1306 of the Albertville Building Standards hadn't been adopted or
implemented until 2007. Clouttier explained that adopting Section 1306 is a City's option to
adopt or not, which upon adoption would be incorporated into the building requirements.
Clouttier brought to the Council and staff s attention the he was aware of two (2) other
municipalities that discussed Section 1306 and whether to adopt or not. The two (2) cities were
Waite Park and St. Cloud, which the city that did not adopt the Section 1306 Fire Code
regulations was obtaining more business because of the extra cost involved with meeting the
regulations of having the facility sprinkled.
Clouttier pointed out the site has had a few businesses move in and out within the short time
since it has been built. Clouttier reviewed the history of businesses. The first initial business in
Suite 111 was Senor' Peppers. It was in operation from February 2007 to about August 2007
when the new tenant Montage Bistro was looking at the space. Montage Bistro opened
September 2007 and was in business until June 2008. The space was vacant from July 2008 until
August 2009 when the City was asked to turn the water service back on for the next tenant
known as Pappy's Ribs and Chicken. Pappy's was in the space from August 2009 until
December 2010. That is when Patti J's began the process of starting up the restaurant business in
the same spot.
The exception to the three (3) prior tenants is Patti J's installed a door or opened the wall
between the restaurant portion and the adjoining space that was occupied by BB Wireless. It is
this space that Clouttier wanted the City to consider assessing the SAC-WAC fees until April
2012 to allow time to make sure the business is going to be successful. Clouttier had no problem
investing in the mall; however, he didn't want to front the $39,000-$44,000 to turn the space into
a restaurant if it is not going to be successful.
Clouttier reminded the members present that we are in some pretty difficult economic times. Mr.
Svolopoulos comes from a family that has been in the restaurant business for 30 years. He is
trying to get Patti J's Restaurant going but is struggling with the additional fees that are being
applied towards opening the space to accommodate more customer seating.
City Attorney Couri gave his opinion on the legal perspective, which he felt the installation of a
sprinkler system in the space is a safety concern that is looking out for the best interest of the
M:\Public Data\City Council\Council Minutes\2011 Minutes\DRAFT bm\M 09-19-2011 draft bm-lk.doc
14
City of Albertville
City Council Minutes
September 19, 2011
Page 5 of 11
general public that visit the establishment. Section 1306 Fire Code is a uniform code regulation
that is set throughout the entire State of Minnesota.
As staff reiterated, the prior tenants that occupied the restaurant space Senior' Peppers was a
small sit-down style restaurant with minimal seating. In 2007, Montage Bistro moved into the
space with a seating capacity of 65-70, which was much more than Senor' Peppers. It was
vacant for about a year before Pappy's took over with a seating capacity lower than Montage yet
higher than Patti J's.
Mayor Meehan looked over the three (3) options presented by Sutherland, which were as
follows:
1. Restaurant Expansion Sprinkling Requirement. Building Code requires sprinkling of
assembly uses prior to occupancy. Patti J's is currently occupying the expanded restaurant
area without an occupancy permit or sprinklers. Patti J's wants to continue occupying the
expanded area for a six (6) month trial without sprinkling.
2. SAC and WAC Adjustment for Past Expanded Seating. SAC and WAC was originally
charged as a fast food restaurant with seating for 25 customers. Currently, the restaurant has
seating and full -service with seating for 48 customers.
3. Request to Defer SAC and WAC on Future Expansion. Patti J's is requesting to have
SAC and WAC fees on the expanded restaurant area deferred for a six (6) month trial period.
If the restaurant expansion is not successful they would like to be released from the
obligation to pay the $21,671 SAC and WAC normally due upon issuance of a building
permit.
Meehan questioned if there was a possible way staff could work with Mr. Clouttier on Option
No. 3 by charging a lower amount in the First year then increase the amount in each consecutive
year.
Schommer stated that she would like staff to prepare some scenarios or collect additional
information to base her recommendation.
As Sorensen looked over the three (3) options, he leaned towards Option No. 2 that would
include staff working with City Planner Brixius on the seating capacity of the establishment.
After the lengthy discussion, Mayor Meehan motioned to table the recommendation until the
next Council meeting to give Council member Vetsch an opportunity to share his opinion.
Meehan directed staff to work with Mr. Clouttier and Mr. Svolopoulos regarding Option No. 2,
which is the SAC and WAC Adjustment for past expanded seating with the thought of the City
paying what should be paid to the Joint Powers Water Board. In addition, work with the
applicant regarding assessments of the SAC and WAC fees.
MAPublic Data\City Council\Council Minutes\2011 Minutes\DRAFT bm\M 09-19-2011 draft bm-Ik.doc
15
City of Albertville
City Council Minutes
September 19, 2011
Page 6 of 11
CITY COUNCIL
Oral Update on the STMA Ice Arena Board meeting
Council member Wagner reported there was some dispute over the roof inspection that was
conducted over a year ago. The company that inspected it was never paid and has come back to
ask for payment of the services.
Wagner went on to comment on the proposed layout of the second sheet of ice. The Architect
had discussed about five (5) different scenarios for the expansion. There were two (2) options
that would fit on the property that is owned by the STMA Ice Arena with three (3) options that
include the L & D Trucking property. There were concerns with the fire road access and the
utilities. It appeared that the majority of the Board was in favor of the two (2) options that would
keep the site contained within the property owned and not having to purchase any from the L &
D Trucking site. Soil boring samples were tested, which staff is leaning towards conducting
more soil boring to compile a report that will present all the results to base the opinion on the
land so that it will meet the needs of the proposed expansion of the second sheet of ice. This is
an expansion that the Board and staff want to complete the ground work before things get to far
ahead.
The sound system was brought up and staff reported it is damaged. There were quotes obtained
to replace the system; however, there is nothing definite at this time. The STMA Youth Hockey
does not see a need to replace the system as they don't generally use it.
Oral Update on the Planning and Zoning Commission meeting (cancelled)
Council member Wagner reported that the meeting was canceled.
FIRE DEPARTMENT
No comments
PUBLIC WORKS-PARKs DEPARTMENT
Approve the 2011-2012 Memorandum of Understanding between Wright County Highway
Department and the City of Albertville for the purchasing of Sand and Salt needs for the
upcoming winter
Mayor Meehan shared that the City is looking at a 2011-2012 Memorandum of Understanding
for the purchasing of sand and salt needs from the Wright County Highway Department.
M:Tublic Data\City Council\Council Minutes\2011 Minutes\DRAFT bm\M 09-19-2011 draft bm-lk.doc
W.
City of Albertville
City Council Minutes
September 19, 2011
Page 7 of 11
Finance Director Lannes commented that the City has been entering into this type of agreement
since approximately 2006. This has been a benefit to the City as it is a cost savings purchasing
of sand and salt for the snow and ice removal season. Working with the Wright County
Highway Department gives Albertville the ability to get a lower price on the bulk purchase. The
storage facility is off of 701h Street NE so it is not far to travel for picking up the material, which
relieves the City from reserving the land and structure to house the material.
CMs Wagner/Sorensen motioned to approve the Public Works Supervisor to calculate
Albertville's amount of Sand and Salt needs for the 2011-2012 snow and ice removal season, and
to authorize the City Clerk to sign the 2011-2012 Memorandum of Understanding between the
Wright County Highway Department and the City of Albertville for the purchasing of a sand and
salt mixture at a total cost of $79.46 per ton, which will be subject to a Fuel Clause. Motion
carried unanimously.
UTILITIES DEPARTMENT (WWTP)
No comments
BUILDING DEPARTMENT
No comments
FINANCE DEPARTMENT
Authorize the Monday, September 19, 2011 Payment of Claims (bills) for electronic payments
.145-174EFTand check numbers 30195 to 30239
Council member Wagner had a question regarding the Minnesota Safety Council check for the
purchase of radios. City Clerk Miller reported that the Administrator felt this is a good
investment in the Weather Alert Radios, which would allow citizens of Albertville to purchase.
Finance Director Lannes added these radios are portable so a person could take them and go.
CMs Wagner/Schommer motioned to authorize the Monday, September 19, 2011 Payment of
Claims (bills) for electronic payments 1.45-1.74EFTand check numbers 301.95 to 30239 in the
total amount of $247,599.81 as presented, that will be 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.
WPublic Data\City Council\Council Minutes\2011 Minutes\DRAFT bm\M 09-19-2011 draft bm-1k.doc
17
City of Albertville
City Council Minutes
September 19, 2011
Page 8 of 11
CITY CLERK
Approve the Monday, August 29, 2011 Final Budget Workshop notes; and, the Tuesday,
September 6, 2011 regular City Council meeting
CMs Sorensen/Schommer motioned to approve the Monday, August 29, 2011 Final Budget
Workshop notes and the Tuesday, September 6, 2011 regular City Council minutes as presented.
Motion carried unanimously.
Approve 1-4 Temporary Intoxicating Liquor License application submitted by the Albertville
Lions for the annual Comedy Night event to be held on Saturday, October 8 with the hours of the
license beginning at 3: 00 p. m. and terminating at 11: 00 p. m. that will take place at the St. Albert
Parish Center located at 5700 Lander Avenue NE
City Clerk Miller informed the Council that the Albertville Lions have applied for a 1-4 Day
Temporary Intoxicating Liquor License for the annual Comedy Night event that will be held at
the St. Albert Parish Center. The hours of operation are stated on the application, which are 3:00
P.M. to 11:00 P.M.
CMs Schommer/Sorensen motioned to approve the 1-4 Day Temporary Intoxicating Liquor
License submitted by the Albertville Lions for the annual Comedy Night event to be held on
Saturday, October 8 with the hours of the license beginning at 3:00 p.m. and terminating at 11:00
p.m. that will take place at the St. Albert Parish Center located at 5700 Lander Avenue NE
contingent upon payment of the $220 fee and Minnesota State Alcohol and Gambling Division
approval. Motion carried unanimously.
PLANNING AND ZONING
Reminder — this item was moved up on the agenda.
ENGINEERING
2011 Street Improvements — Discussion regarding improvements to the Four Seasons Park
Trails and Parking Lot as additional to incorporate into the project
City Engineer Nafstad reported there are areas of trails that staff has been reviewing, which Four
Seasons Park trail is in of need improvement. The trail that connects the housing developments
to the park is a nice trail system that was installed a number of years ago and resurfacing the trail
would be beneficial to the upkeep. The cost associated is estimated at $43,000 total, which
would include resurfacing the parking lot.
M:\Public Data\City Council\Council Minutes\2011 Minutes\DRAFT bm\M 09-19-2011 draft bm-lk.doc
18
City of Albertville
City Council Minutes
September 19, 2011
Page 9ofII
Council member Wagner asked of the $43,000 total how much applies to do the trails and hold
off on the parking lot. Nafstad estimated the cost would be $20,000 for the trail segment only.
With the 2011 Street Improvement, staff could incorporate this expense into the project. Wagner
then posed the question as to how much more would it cost to postpone the project to 2012,
which Nafstad stated the cost would not increase much.
Nafstad noted there are approximately $102,000 in the Trails Capital Fund that could be used
towards the improvement of the trail and parking lot. Finance Director Lannes confirmed the
Trails Capital Fund today appears to be healthy; however, do keep in mind the City only budgets
$10,000 every year that takes a while to build up the fund.
Council directed staff to bring the item back to the October 3, 2011 regular meeting to allow
Council member Vetsch the opportunity to review the improvement.
Authorize to release Letter of Credit No. 290 in full conditioned upon any outstanding balances
owed to the City being paid in full and establishment of $2, 000 escrow with City
City Engineer Nafstad stated this item was included in the packet for Council to consider staffs
recommendation to authorize releasing the Letter of Credit No. 290 in full conditioned upon any
outstanding balances owed to the City being paid in full and establishing a $2,000 escrow with
the City. Nafstad continued with the fact that Dominium Development has requested the release
to the letter of credit held for the Albertville Town Homes. This Letter of Credit is held as
warranty security for the municipal improvements, selective private improvements, and
landscaping requirements of the development and is currently in the amount of $20,700.
CMs Schommer/Wagner motioned to authorize the release of the Letter of Credit No. 290 in full
conditioned upon any outstanding balances owed to the City being paid in full and establishment
of a $2,000 Escrow with the City.
LEGAL
No comments
ADMINISTRATION
Amendment to the 2012-2013 Wright County Law Enforcement Agreement
City Clerk Miller added this item to the agenda for the Council to consider the approving the
Addendum or Amendment to the 2012-2013 Wright County Law Enforcement Agreement. The
reason for the amendment takes into account that 2012 is a leap year; therefore, Wright County
M:\Public Data\City Council\Council Minutes\2011 Minutes\DRAFT bm\M 09-19-2011 draft bm-lk.doc
19
City of Albertville
City Council Minutes
September 19, 2011
Page 10 of 11
wanted to bring it to the Council's attention the extra day of February 29, 2012 will be included
in the February 2012 Patrol coverage.
CMs Wagner/Sorensen motioned to approve the Addendum to the 2012-2013 Wright County
Law Enforcement Agreement to include patrol coverage on February 29, 2012 at the 2012 rate of
$59.75 per hour for police protection. Motion carried unanimously.
ANNOUNCEMENTS and or UPCOMING MEETINGS
Mayor Meehan reminded the Council members there will be delegates from Ukraine in
Albertville next Wednesday, September 28th. Staff will post it in the window in the event others
are able to attend so we are covered by the open meeting law.
September 2011
26 6:00 p.m. Joint Powers Water Board meeting
26 8:00 P.M. Parks and- Recreation Committp.- Meet.
ing cancelled
28 8:30 a.m. Ukrainian Delegates at Albertville City Hall
Mm=
3
7:00 p.m.
City Council meeting
10
6:00 p.m.
STMA Ice Arena Board meeting
11
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
8.00 P.M.
Parks and Recreation Committee meeting
31
6:00 p.m.
Joint Albertville -St. Michael Councils
and STMA School mtg (location to be determined)
Sul MI Tul WlThl FISa
MA\Public Data\City Council\Council Minutes\2011 Minutes\DRAFT bm\M 09-19-2011 draft bm-lk.doc
20
City of Albertville
City Council Minutes
September 19, 2011
Page 11 of 11
2
8,
4
5
6
7
8
9
'Ce I
PzI 1
12
13
14
15
16
18
19
20
21
22
23
25
26
27
28
29
30
31
Noveinber
201.1
7
7:00 p.m.
8
7:00 p.m.
1. 1,
all day
14
6:00 p.m.
21
7:00 p.m.
24
all day
25
all day
28
6:00 p.m.
28
8:00 p.in.
ADJOURN
City Council meeting
Planning and Zoning Commission meeting
Veteran's Day observed — City offices closed
STNIA lee Arena Board meeting
City Council meeting
Thanksgiving Day observed — City offices closed
Friday after Thanksgiving — IOW —ID closed
,Joint Powers Water Board meeting
Parks and Recreation Committee meeting
m
®®E
®m
"M
a
CMs Sorensen/Schommer motioned to adjourn the Monday, September 19, 2011 regular City
Council meeting at 9:07 p.m. Motion carried unanimously.
Bridget Miller, City Clerk (recording secretary)
MAPublic Data\City Council\Council Minutes\2011 Minutes\DRAFT bm\M 09-19-2011 draft bm-1k.doc
21
Memo
To: Albertville City Council
From: Mike Couri
Date: September 29, 2011
Re: Patti Fs SAC and WAC Charges.
On September 22, 2011, City Staff met with Tom Coultier and Sirios to discuss a
proposal generated by City Staff for addressing both the back -SAC and WAC charges
attributable to the existing Patti J's restaurant space and the future SAC and WAC that would be
due from an expansion of the restaurant into the former BB Wireless location. The proposal was
as follows:
1. $4,722.36 of the past WAC is due to Joint Powers. This would be paid to Joint Powers
by the City now and assessed against the property payable over a five year period.
2. The remaining $13,097.64 of the past SAC and City WAC would not be assessed against
the property nor paid at this time. Patti J's can continue with the number of seats it
currently has (and may expand to the Wireless space, provided it pays the new SAC and
WAC as set out below) without paying the $13,097.64. But, if Patti J's discontinues
business at the premises for 30 days or more, sells the business to a third party, or
expands the business beyond the wireless space, the SAC and WAC credits would revert
back to what has been paid on this space to date. This would be 1.14 SAC and WAC
units previously paid with the development of Senior Peppers plus the 2.36 Joint Powers
WAC units assessed under #1 above. If the wireless expansion discussed below moves
forward and the SAC and WAC fees are assessed, then the combined space would have
an additional credit of 2.87 units of SAC and WAC. Whatever use succeeds Patti J's
would then have to come into compliance with the SAC and WAC fees by paying the
difference between the credits and the units attributable to the new use, which would be
calculated on the successor's use per the Met Council manual in place at the time of the
change. Payment of fees by Patti J's successor would be at the SAC and WAC rates in
effect at the time of succession.
The wireless expansion area would have to pay Joint Powers WAC charges now, which
are calculated at 2.87 units times $2,001, or $5,742.87.
M:\Public Data\Requests for Council Actions (RCA)\2011\10 03 2011 Planning -administrator memo 97 Patty Ys SAC & WAC (mc).doc
Agenda Item No. t7..A.
Meeting Date October 3, 2011
22
Mayor and Council Communication — September 29, 2011
Planning — Patti J's Restaurant (SAC and WAC) Page 2 of 3
4. The wireless expansion area would be special assessed for the City portion of the WAC
($2,726.50) and the entire SAC ($13,202.00) over a period of five years.
5. Interest rate on all assessments would be the City's standard assessment rate for SAC and
WAC, which is 6.1 % (2% over the most recent bond rate). All assessments would be
levied this fall with payments to begin in 2012. The property owner would have to agree
not to appeal any of the assessments.
6. These points would be reduced to a writing, signed by the City and Property Owner,
consented to by Patti J's, and the agreement would be recorded on the property records at
Wright County.
7. Payment breakdown is as follows:
a. Cash now: $5,742.87
b. Assessments: $20,650.86
c. Possible future payment by Patti J's successor; amount not calculable at this time.
This proposal would essentially grandfather in the City's portion of the WAC and all of the SAC
attributable to Patti J's current space for so long as Patti J's occupies the space. If Patti J's sold
the restaurant to someone else, the $13,097.64 would come due. If Patti J's left the space and
another restaurant moved in, the new restaurant would pay SAC and WAC on any units the new
restaurant qualified for over and above the amount originally paid by Senior Peppers. If the use
following Patti J's was an office use, no additional SAC or WAC would be due.
This proposal was rejected by Tom Coultier. Tom had no problem with the future SAC and
WAC charges arising from the expansion of the restaurant to the BB Wireless space. His
problem was with the back charges, both the $4,722.36 in assessments for Joint Powers WAC
and the potential $13,097.64 in future SAC and WAC should Patti J's be sold or succeeded by
another restaurant that uses more square footage and/or tables than was originally shown on
Senior Peppers application. Essentially, Tom does not think that it is fair that he be charged for
SAC and WAC that he did not know about when he purchased the building and that he believes
is a City mistake. City staff does not believe that this problem resulted from a mistake, but rather
from the addition of seats to the restaurant space beyond what was originally represented to the
City when Senior Peppers paid its SAC and WAC. No one knows when the additional seats
went in.
This issue is further complicated by the fact that the City has previously collected back SAC
charges from three other businesses in the following amounts:
• Heidi's Market $37,500.00
• D Michael B's $36,432.00
• Country Inn & Suites $29,584.00
While I do not recall the exact specifics of why we had to go back to these three businesses and
collect additional SAC charges, we do know that the SAC amounts initially paid by these
businesses were insufficient and we did special assess these three businesses for the amounts
M:\Public Data\Requests for Council Actions (RCA)\2011\10 03 2011 Planning -administrator memo 97 Patty Ps SAC & WAC (mc).doc
Agenda Item No. ! ._R.. X .
Meeting Date October 3, 2011
23
Mayor and Council Communication — September 29, 2011
Planning — Patti J's Restaurant (SAC and WAC) Page 3 of 3
listed above sometime after their building construction was completed. All of these amounts
were collected with the taxes paid in the years 2005 through 2009.
Without an agreement to pay the back SAC and WAC charges, my recommendation is that the
City not issue any occupancy permits for the restaurant space (or the expansion of the restaurant
into the BB Wireless space) until the back SAC and WAC have either been paid or the property
owner has agreed upon a payment plan with the City. This would allow Patti J's to continue
operating as is, but would require payment of back SAC and WAC charges when and if another
restaurant occupied the premises and needed to make significant enough changes to trigger a
building permit and an occupancy permit.
As an alternative, the City does have the option of assessing the back SAC and WAC charges
against the property as a service charge. That assessment can be made payable over a period of
years set by the Council. While this can be done without the agreement of the property owner,
the property owner would likely have the right to challenge the assessments in District Court.
I expect Sirios and Tom to be at the meeting on October 3rd to discuss this issue.
M:\PublieData\Requests for Council Actions (RCA)\2011\10 03 2011 Planning -administrator memo 97 Patty J's SAC & WAC (mc)+.ddoc
Agenda Item No. f . .. I .
Meeting Date October 3, 2011
Consulting Engineers & Surveyors
" 7533 Sunwood Drive NW • Ramsey, MN 55303
i
Phone (763) 433-2851 • Fax (763) 427-0833
www.bolton-menk.com
MEMORANDUM
Date:
September 29, 2011
To:
The Honorable Mayor and City Council
Cc:
Larry Kruse, Albertville City Administrator
From:
Adam Nafstad, P.E., Albertville Engineer
Subject:
Project Status Update
The following is a brief project status update as of September 29, 2011:
I-94 Westbound Collector Distributor Road
On Friday, September 23`d, the design team met with Mn/DOT District #3 staff to discuss the
remaining design comments. In general, the discussion focused on slotted drain,
specifications for earthwork, wall design and ADA requirements at the CSAH 37 signal. The
design team will be submitting the revised final plan set to the state on October 6" for District
#3 to submit to Mn/DOT's Central Office. Central Office's approval of plans is needed to
bid the project. Staff continues to work with AT&T on the easement acquisition and
relocation agreement.
2. 2011 Street Improvements
The first lift of pavement has been placed on Lannon Avenue, Larabee Circle and Lasalle
Circle, and work has begun on 60"' Street. The final lift of pavement for Lannon, Larabee,
and Lasalle, as well as, the first lift of pavement on 60"' Street is schedule for the week of
October 3`d. All work will be completed by October 15"'.
3. Towne Lakes Trails
The two trail segments have been completed.
4. CSAH 19 Traffic Signals
Staff has asked the County to review the crash history at the CSAH 18, 57"' Street, and CSAH
37 signals on CSAH 19, and the predominant problem found at all three locations are
motorists making a permissive left turn and failing to yield on a green ball. To mitigate the
crashes at the intersection, a good solution is believed to be allowing a permissive left turn by
using a flashing yellow arrow, rather than a green ball. This would mean the removal of the 5
section signal heads for the left turns and replacing them with a 4-section signal head that
would have a red arrow, a yellow arrow, a flashing yellow arrow; and a green arrow. The
flashing yellow arrow is a safer more efficient left turn signal and is now a MnDOT standard.
It has been suggested by the County, that the CSAH 37 signal be retrofitted first, as it has the
highest number of crashes. I will present more information on this item at the meeting.
DESIGNING FOR A BETTER TOMORROW
Bolton & Menk is an equal opportunity employer
Albertville Project Status Update
f r y 1 9/29/ 11
?s /1 Page 2of2
5. 52na Street Culvert Repair
Staff is preparing plans and will be soliciting quotes to repair a culvert and pavement on 52❑a
Street damaged due to frost heave.
6. Kalland Avenue Sidewalk
Replacement of the Kalland Avenue sidewalk and associated work is complete.
7. STMA Arena Soil Borings
Soil borings on the Vinge property and Arena property will be taken on Friday the 30`h and it
is expected that the results will be received the week of October 3ra
I will be at your October 3ra City Council meeting to discuss any questions concerning these and/or
other projects taking place in town.
27
Me -Rollo
To: Larry Kruse, City Administrator; Albertville City Council
From: Mike Couri
Date: September 28, 2011
Re: Attorney Report
Below is an update of the projects our office has been working on for the City.
• I-94 Ramps. We have finally made our way to AT&T's right of way attorney. I
have emailed him and hope to have heard back from him by the October 3rd
meeting. At this point, we need to figure out what process AT&T needs to
approve the sale of the land to the City. This person is probably the fifth person
AT&T has put in charge of this issue.
• Fire Department Tanker Claim. A signed version of the settlement agreement
has been sent out, and I am waiting on its return.
• Karston Cove 3rd Addition. The developer's representative has met with Adam
and with the representative from the Homeowners' Association. The developer's
attorney is still trying to nail down a few issues from these meetings. We are still
working on a preliminary agreement that may end up on the October 3rd agenda
relating to an outlot replat application by the developer.
• Albertville Medical Building Escrow. I am working with Brian Asleson and
Larry Kruse in an attempt to get a joint City -County escrow from the development
of the Albertville Medical Building project released. Approximately $19,500 of
the escrow should come back to the City.
M:\PubhcData\City Council\Council Packet information\2011\10 03 2011\I0 03 2011 Attorney Report 31, October 3, 2011.doc
Agenda Item No. 1 .11.
Meeting Date October 3, 2011
Couri MacArthur & Ruppe, P.L.L.P.
• Prairie Run Lots. Larry and I have met with the Scherer Bros. employee who is
currently administering the Homeowners' Association. I have drafted some
changes to the Homeowners' declarations which will eliminate the requirement
that the Association maintain the driveways and mow the lawns. The Association
will still be responsible for street maintenance. The City will eventually need to
appoint a representative to vote the City's ownership interests at the Association
meetings. We hope to get all of this wrapped up before the first snow flies.
St. Michael Library Agreement. Larry and I are working with Albertville's
bond counsel and St. Michael staff to clear up some of the unresolved issues
related to the Library Agreement. We hope to have an agreement ready for the
Council sometime after we meet with St. Michael's staff on October 1 lth
• Patti J's SAC and WAC. Adam, Larry and myself met with Tom Coultier and
Serios where we proposed what we thought was a workable compromise on the
WAC and SAC issue. That compromise was rejected by Tom. This item will be
back on the City's agenda on the October P meeting (see separate memo in
agenda packet).
M:\Pub1icData\City Council\Council Packet information\2011\10 03 2011\10 03 2011 Attorney Report 31, October 3, 2011.doe
Agenda Item No. / .11.
Meeting Date October 3, 2011
29
Draft Revisions, 9-3 -11
City of Albertville
City Administrator Employment Agreement
THIS AGREEMENT, made and entered into this day of
2011"4ovember-, IO 7, by and between the City of Albertville, Minnesota a municipal
corporation, hereinafter called "City" as party of the first part, and Larry R. Kruse,
hereinafter called "City Administrator", as party of the second part, both parties
understand as follows:
WHEREAS, the City desires to employ the services of the City Administrator of the City
of Albertville; and
WHEREAS, it is the desire of the City to provide certain benefits, to establish certain
conditions of employment and to set working conditions of said City Administrator; and
WHEREAS, it is the desire of the City (1) to secure and retain the services of the City
Administrator, and to provide inducement to remain in such employment, (2) to make
possible full work productivity and independence by assuring the City Administrator's
moral and peace of mind with respect to future security, and (3) to provide a just means
for terminating the City Administrator's services at such time that the City may desire to
terminate City Administrator's employment; and
WHEREAS, the City Administrator desires to be employed as the City Administrator of
Albertville;
NOW, THEREFORE, In consideration of the mutual covenants herein contained, the
parties agree as follows:
Section 1. Powers and Duties of the City Administrator.
The City hereby agrees to employ said City Administrator of the City of Albertville to
perform the functions and duties as specified in the City Administrator's Job Description,
and to perform other legally permissible and proper duties and functions as the City
Council shall from time to time assign.
Section 2. Term
The City Administrator serves at the pleasure of the City and nothing herein shall be
taken to imply or suggest a guaranteed tenure.
Nothing in this Agreement shall prevent, limit or otherwise interfere with the right of the
City Administrator to resign at any time from this position with the City.
The City Administrator agrees to remain the exclusive employee of the City of
Albertville, while employed by the City of Albertville. The terms "employed" shall not
be construed to include occasional teaching, writing, speaking, or consulting performed
30
City of Albertville Draft Revisions, 9-1-11
City Administrator Employment Agreement Page 2 of 6
on his time off, even if outside compensation is provided for such services. Said activities
are expressly allowed, provided that in no case is any activity allowed which would
represent a conflict of interest as deemed by the City Council. In the event the City
Administrator voluntarily resigns as the City Administrator, then the City Administrator
shall give the City of Albertville thirty (30) days advanced notice unless the parties agree
otherwise.
This Agreement shall remain in full force and effect and hold over until employment is
terminated under the terms herein, or a new Agreement has been offered and entered into
by the City Administrator and the City of Albertville.
Section 3. Salary
Effective 201 lNevene ;2003 the City agrees to pay the
City Administrator an annual base salary of $1057-5,000.00 payable in installments at the
same time as other employees of the City of Albertville. The
City agrees to automatically adjust said base salary annually, by an amount equal to Of
grea e.F than the average percentage cost of living adjustment forpereen.t ineFease given all
other city employees and union contracts.
The City Administrator and City agree that the employment position created by this
contract is a salaried position that is exempt from the overtime provisions of the Fair
Labor Standards Act and similar state law overtime provisions.
The City Administrator understands that as a salaried City Administrator, he will be
expected to work a minimum of 40 "office" hours per week at the City, in addition to
attendance at all City Council meetings and committee meetings in which the City
Administrator is required to attend.
The City Administrator shall be covered and governed by the same retirement system as
all other non-public safety employees.
Section 4. Insurance Coverage's and Annual Physical
City agrees to cover the cost of the City Administrator's health insurance and life
insurance in a manner consistent with other City employees.
The City shall reimburse the City Administrator for a $250,000 term life insurance and
long-term disability policy with a minimum benefit of 60% of the annual salary, provided
the combined reimbursement for said items shall not exceed $1,200.00 annually. The
City Administrator shall provide such insurance premium billings to the City on an
annual basis prior to reimbursement. Exclusive of these two items the City shall provide
the City Administrator with all other insurance benefits available to all other employees.
City Administrator agrees to submit once per calendar year to a complete physical
examination by a qualified physician paid for by the City.
31
City of Albertville Draft Revisions, 9-1-11
City Administrator Employment Agreement Page 3 of 6
Section 5. Automobile
The City shall provide the City Administrator with a $50.00 bi-weekly(every two
weeks fly car allowance Said
allowance shall be intended to reimburse City Administrator for allle"e,l travel via
automobile where the City Administrator uses his own. vehicle. Said $50.00 bi-weekly
payment shall increase to $1.00 bi-weekly beginning January 1, 2013 and continuing
thereaof this afea shall be feimbuf sed to the City Administfatof at the JRS allowable fate then i
fter.
e
Section 6. Cell Phone
The City agrees to provide a mobile cell phone for business use. The City Administrator
may also use the cell phone for personal use, provided such use does not incur charges in
addition to the City's existing "minutes package." The City Administrator, may, at his
expense, purchase additional time on the City's cell phone for his exclusive personal use.
Section 7. Other Benefits
All provisions of the Personnel Policy, rules and regulations of the City relating to fringe
benefits and working conditions as they now exist or hereafter may be amended, shall
also apply to the City Administrator as they would to all other employees of the City in
addition to said amounts enumerated specifically for the benefit of the City Administrator
herein.
Section 8, Vacation and Sick Leave
The City Administrator shall accrue vacation pfer-aled biweekly, a4 a rateoT4.61 hours
pef bi weekly pay period (1 -5 days pef yeaf) for the first, At
weekly pay p.oned-I (20 days per year) and sick leave pursuant to the Personnel
Policy+tn.
Section 9, Professional Development
The City agrees to budget for and to pay the professional dues, travel and subsistence
expenses of the City Administrator including paying for professional participation and
travel to meetings and occasions adequate to continue the City Administrator's
professional development. Said participation on City time to include, the League of
Cities, Minnesota -International City/County Management Association, Minnesota
Municipal Clerks and Finance Officers Association, one local civic organization
membership and one professional development course or program. sueet4e,. ,."m,,. mates
,,
well as asseeiated
^,,ufser „ti iing edu ation andseminars-. Attendance at National conferences shall be
limited to one per year unless otherwise approved by the City Council. City -paid
membership in other organizations and City -paid attendance at other professional events
such as committees which the Citv Administrator serves as a member, short courses
continuing education, and seminars. may be allowed as approved by the City Council
from time to time. 1
City of Albertville Draft Revisions, 9-1-11
City Administrator Employment Agreement Page 4 of 6
Section 10, Other
At the option of the City Administrator, the City Administrator may elect to receive
payment for benefits such as car allowance, health insurance, life and disability insurance
either as an adjustment in gross wage, or in any manner consistent with IRS regulation
providing the Employee has submitted adequate documentation.
Section 11, Severance Compensation
Except as set out below, in the event the City Administrator's employment in the City
Administrator position is terminated by the majority vote of the City Council, then in that
event the City Administrator agrees to relinquish the City Administrator position and the
City shall continue to pay the City Administrator salary and benefits enumerated in this
Agreement for a period of six (6) months. The City Administrator shall not accrue
vacation or sick leave during the severance period. Coverage under COBRA shall begin
on the date all coverage extended under this Agreement herein expires.
Should the City Administrator be permanently disabled or otherwise unable to perform
the duties of the City Administrator position because of sickness, accident injury, mental
incapacity or health for a period of three successive months, beyond any accrued leave,
the City shall have the right to terminate this agreement subject to the severance
provisions -in herein.
In consideration for the City providin-, the severance nav reciuired by this Section, and
contemporaneously ^.,fa„ �,��, with the City Administrator's final payment
herein above set out, City Administrator agrees to execute and deliver to City a release,
releasing the City of all claims that the City Administrator may have against the City., - Formatter
In the event the City at any time reduces the salary, compensation or other benefits of the
City Administrator in a greater amount than applicable across-the-board reduction for all
City employees, requests by formal vote of a majority of the City Council members that
the City Administrator resign, or in the event the City Council refuses to comply with any
other material provisions benefiting the City Administrator herein, then in that event, the
City Administrator may at his option, be deemed to be terminated, as provided hereini-
The City shall have no obligation to pay severance compensation under this Section if the
City Administrator's employment in the City Administrator's position is terminated by a
majority vote of the City Council based on the occurrence of any one of the following
described events:
A. Failure to report for work on five or more days without prior permission of the
City Council, beyond any accrued leave, when the City Administrator is
otherwise able to work.
B. Knowingly and willfully performing illegal activities in the capacity of City
Administrator.
C. Embezzlement of City funds.
City of Albertville Draft Revisions, 9-1-11
City Administrator Employment Agreement Page 5 of 6
D. Refusal to carry out an explicit directive issued on more than one occasion by the
City Council where such directive falls within the duties of the City
Administrator.
E. Conviction of a state or federal felony.
In the event the City Administrator is charged with a felony (either by grand jury
indictment, by felony complaint signed by a judge pursuant to a Rule 5 hearing, or other
similar charging mechanism) the City may suspend the City Administrator's employment
position and salary pending the resolution of such criminal charges.
The City shall pay all accumulated vacation and sick leave in a method determined by the
City Administrator either in lump sum or in equal installments over the term of the
severance period, _
. - Formattec
Section 12, Performance Evaluation
The City Council shall review and evaluate the performance of the City Administrator at
least annually. The City agfees to inefease base salai7y and. of benefits 04.41.1--
Administrator shall annually place theat time of said review on, ^'� ^ounis as the
City Council agenda for
by the scheduling of a review dater`;+<,
Formattec
Section 13, Personnel Policy
It is the intent of the parties to this agreement that the provisions of the City's Personnel
Formattec
Policy apply to the City Administrator's employment, except where the terms of this
agreement conflict with such policy, in which case the terms of this agreement shall
govern such conflicts.
Section 14, General Provisions
The text herein shall constitute the entire Agreement between the Parties. All other prior
agreements, whether in writing or oral, and includinL) the Citv Administrator
Employment Agreement dated November 3, 2003 between. Larry Kruse and the Cityoof
Albertville are deemed canceled and of no further legal effect between the parties.
This Agreement shall be binding upon and inure to the benefit of the heirs at law and
executors of the City Administrator.
This Agreement shall become effective upon adoption_ -and-approval and signing by the
Governing Body of the City of Albertville and the signature of the City Administrator.
If any provisions or any portion thereof, contained in this Agreement is held
unconstitutional, invalid or unenforceable, the remainder of this Agreement, or portion
thereof, shall not be affected and shall remain in full force and effect.
City of Albertville Draft Revisions, 9-1-11
City Administrator Employment Agreement Page 6 of 6
IN WITNESS THEREOF, the City of Albertville has caused this Agreement to be
executed in its behalf by it Mayor and attested by its City Clerk, and the City
Administrator has signed and executed this Agreement both in duplicate, the day and year
first written above.
By:
Mayor
By:
City Administrator
-----------------------------------------------------------------------
Formatter
lb£itAlle Mayor and Council Communication
September 30, 2011
SUBJECT: LEGAL — AMENDMENTS TO CITY ADMINISTRATOR'S EMPLOYMENT
CONTRACT
RECOMMENDATION: It is respectfully requested that the Mayor and Council consider the
following motion:
Motion: Approve MODIFICATIONS TO CITY ADMINISTRATOR EMPLOYMENT
AGREEMENT.
BACKGROUND: In late 2003, the City negotiated an employment agreement with Larry
Kruse prior to his employment with the City. That agreement has not been modified since its
initial approval and signing by the City and City Administrator Kruse in late 2003 or early 2004.
At the request of the Mayor, the City Attorney has reviewed the original contract and proposed
modifications to the contract to bring it up to date and further clarify some of the contract's
provisions. The City Attorney has met with the Mayor and City Administrator to discuss the
proposed changes and has met with the City Administrator on two other occasions to negotiate
the changes.
Included in the agenda packet is a compare document showing the changes made from the
original contract. The changes are relatively minor in nature and mostly clarify the original
intent of the parties. For example, the changes in paragraph 3 bring the salary up to date and
clarifies that salary increases shall be equal to the percentage cost of living adjustment for all
other city employees. Other changes clarify that sick leave accrues per the City's Personnel
Policy (Paragraph 8); Paragraph 9 clarifies which professional organizations the City will pay
dues for and which events the City will pay travel for; and paragraph 12 clarifies that the City
Administrator will be evaluated annually and that the City Administrator will place the
performance evaluation on the City Council agenda.
Since a contract is an agreement between both parties, it can only be modified by agreement of
both parties. Neither party can force changes on the other party. The proposed changes are
those that are agreeable to the City Administrator, and I presume, will be agreeable to the City
Council. If the City Council does not like these changes, its options are to leave the agreement in
its current state with no changes, attempt to negotiate more/different changes with the City
Administrator, or terminate the existing agreement with the City Administrator and pay
severance over the six month period provided for in the current agreement.
M:\Public Data\Requests for Council Actions (RCA)\2011\10 03 2011 Legal RCA Kruse contract amendments (late).doc
Agenda Item No.
Meeting Date October 3, 2011
Mayor and Council Communication —October 3, 2011
Amendment to City Administrator Contract
Page 2 of 2
KEY ISSUES:
• The changes to the contract are relatively minor in nature and/or clarify the contract
language.
• If these changes are not approved, the original contract remains in force.
POLICY CONSIDERATIONS: The City Administrator position is the only position for which
the City has a written contract. Approval of the amendments to the existing contract is a policy
decision for the City Council.
FINANCIAL CONSIDERATIONS: There are no financial implications from the approval of
these changes, as none of the monetary terms have been significantly changed.
LEGAL CONSIDERATIONS: The City may at any time modify its contracts via agreement
with the other contracting party. These proposed modifications present no significant legal
issues.
Respectfully submitted,
Michael C. Couri
City Attorney
Department/Responsible Person: Legal/Mike Couri, City Attorney
Attachments: Revised City Administrator Contract (in Council Agenda Packet).
M:\Public Data\Requests for Council Actions (RCA)\2011\10 03 2011 Legal RCA Kruse contract amendments (late).doc
Agenda Item No.
Meeting Date October 3, 2011