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2005-01-03 CC Minutes . . . ~ AJ~€I!~tlL€ City of Albertville City Council Minutes January 3, 2005 AlbertvIlle CIty Hall 7:00 PM PRESENT Mayor Don Peterson, CouncIl members Tom Fay, Ron Klecker, LeRoy Bernmg and John Vetsch, CIty Attorney MIke Coun, CIty Engmeer Pete Carlson, CIty AdmmIstrator Larry Kruse, and CIty Clerk Bndget MIller I I I I I' ABSENT: CIty Planner Al BnxlUs Mayor Peterson called the CIty CouncIl meetmg of the CIty of AlbertvIlle to order at 7 00 p m followed by the Pledge of Allegiance MAYOR PETERSON AND COUNCIL MEMBERS OATH OF OFFICE Mayor and CouncIl members LeRoy Bernmg, Ron Klecker and John Vetsch read the Oath of Office AGENDA MOTION BY CouncIl member Klecker seconded by CouncIl member Bernmg to approve the Agenda WIth the followmg amendments Mohon carned unammously Pulled Items Legal - Approve Towne Lakes Encroachment Agreement MINUTES MOTION BY CouncIl member Klecker, seconded by CouncIl member Fay to approve the December 20, 2004 CIty CouncIl mmutes as presented Mohon carned unammously CITIZEN FORUM There was no one present . . . CIty of AlbertvIlle CIty CouncIl MInutes January 3, 2005 Page 2 of7 CONSENT AGENDA MOTION BY CouncIl member BernIng, seconded by CouncIl member Fay to approve the consent agenda pullIng Items b, c, d and f MotIon carned unanImously a Approve payment of claIms check numbers 020847-020896 b Adopt ResolutIon No 2005-01 (FIre RelIef ASSOCIatIOn settIng the 2005 contnbutIOn at $1,300 per year of servIce) c Approve S E H 's ApplIcatIon for Payment No 3 (FINAL) to Hennen ConstructIon Co In the amount of$I,514 40 d Approve S E H 's ApplIcatIon for Change Order No 2 for 2003 SeedIng - Pnmary School Ball FIelds $6,133 e Approve the CIty EngIneer's recommendatIOn to reduce the Letter of ReductIOn for Shoppes at Towne Lakes from $255,600 to no less than $88,350 f Approve the CIty EngIneer's recommendatIOn of final acceptance of the publIc street and utIlIty Improvements Installed WIth the 2nd AddItIon of the Towne Lakes development g Approve the CIty EngIneer's recommendatIOn to reduce the Letter of ReductIOn for Towne Lakes 3rd AddItIon from $354,000 to no less than $155,100 ApPROVE S.E.H.'s ApPLICATION FOR PAYMENT No.3 (FINAL) TO HENNEN CONSTRUCTION CO. IN THE AMOUNT OF $1,514.40 CouncIl asked for addItIonal InfOrmatIOn on the project CIty EngIneer Carlson reported thIS was the final payment to the waterlIne project at the Wastewater Treatment Plant and PublIc Works BUIldIng MOTION BY CouncIl member BemIng, seconded by CounCIl member Klecker to approve Approve S E H 's ApplIcatIOn for Payment No 3 (FINAL) to Hennen ConstructIon Co In the amount of $1 ,514 40 MotIOn carned unanImously ACTION ON PULLED CONSENT ITEMS ADOPT RESOLUTION No. 2005-01 (FIRE RELIEF ASSOCIATION SETTING THE 2005 CONTRIBUTION AT $1,300 PER YEAR OF SERVICE) CIty AdmInIstrator Kruse stated that In 2003 there was no ResolutIOn settIng the FIre RelIef ASSOCIatIon ContnbutIon, however, there was a motIon made by CouncIl settIng It at $1,300 In 2003 The ResolutIOn should be amended to read $1,500 for 2005 MOTION BY Mayor Peterson, seconded by CouncIl member Klecker to approve ResolutIon No 2005-01 entItled FIre RelIef ASSOCIatIOn SettIng the 2005 ContrIbutIOn at $1,500 per Year of ServIce MotIon carned unanImously ApPROVE S.E.H. 's ApPLICATION FOR CHANGE ORDER No.2 FOR 2003 SEEDING - PRIMARY SCHOOL BALL FIELDS $6,133 CouncIl wanted more detaIls on what the Change Order No 2 IS for CouncIl was under the ImpreSSIOn that the CIty and School would splIt the cost 50/50 M \Pubhc Data'Clly Counctl\Councll Mmutes\2005 MmutesIM 01 03 05 doc CIty of AlbertvIlle CIty CouncIl Mmutes January 3, 2005 . Page 3 of7 CIty Engmeer Carlson mformed the CouncIl that the seedmg was done m phases They momtor the progress of whether the seedmg and fertIlIzer was sufficIent They notIced a need for addItIonal seedmg and wanted to get as much done before wmter as possIble Carlson commented that the CIty'S responsIbIlIty m the project was to do the gradmg, dramage and seedmg of the park The School's responsIbIlIty was to take care ofthe IrngatIOn system CouncIl asked the CIty Engmeer to venfy the amount spent on the seedmg , " I I, I CIty Engmeer Carlson would report back to the CouncIl at the January 18th CouncIl meetmg WIth an expense spreadsheet MOTION BY CouncIl member Klecker, seconded by CouncIl member Fay to approve S E H 's ApplIcatIOn for Change Order No 2 for 2003 Seedmg - Pnmary School Ballfields - $6,133 MotIon carned unanImously . ApPROVE THE CITY ENGINEER'S RECOMMENDATION OF FINAL ACCEPTANCE OF THE PUBLIC STREET AND UTILITY IMPROVEMENTS INSTALLED WITH THE 2ND ADDITION OF THE TOWNE LAKES DEVELOPMENT CouncIl was heSItant on approvmg the Fmal Acceptance of the PublIc Street and UtIlIty Improvements mstalled WIth the 2nd AddItIon of the Towne Lakes Development as none of the streetlIghts were mstalled CouncIl brought to staffs attentIOn a fence around the north SIde of School Lake near the red barn set up to be a dog park CouncIl dId not recall approvmg a dog park m the development CIty Attorney Conn would find out what type of park and who IS mamtammg the park m the Towne Lakes Development He would reVIew the Developer's Agreement and report to the CouncIl at the January 18th CouncIl meetmg ADOPT RESOLUTION NUMBER 2005-02 ENTITLED 2005 APPOINTMENTS Mayor Peterson noted correctIOns to be made on the Appomtments Under FIre Dept RepresentatIve/PublIc Safety CommIttee It should be CouncIl members Ron Klecker, LeRoy Bernmg, and Mayor Don Peterson as the Alternate Under Parks CommIttee It should be Mayor Don Peterson and CouncIl member LeRoy Bernmg MOTION BY Mayor Peterson, seconded by CouncIl member Fay to Appomt Short EllIott and Hendnckson as Temporary CIty Engmeer Peterson, Fay, Vetsch, and Klecker voted aye Bernmg voted nay MotIon carned . MOTION BY Mayor Peterson, seconded by CouncIl member Bernmg to hold a SpecIal Meetmg on Monday, January 10th at 800 P m WIth S E H to reVIew a contmued relatIOnshIp WIth the firm MotIon carned unammously M Public DatalOty CouncIlICouncIl Mmutes\2005 MmutesIM 01 03-05 doc . CIty of AlbertvIlle CIty CouncIl Mmutes January 3, 2005 Page 4 of7 MOTION BY CouncIl member Fay, seconded by CouncIl member Klecker to approve the remammg appomtments m ResolutIOn No 2005-02 entItled Makmg Appomtments to Certam Offices and PosItIOns wIthm the CIty of AlbertvIlle for the year 2005 MotIon carned unanImously DEPARTMENT BUSINESS ENGINEERING ENGAGEMENT OF 1-94 LOBBYIST CIty AdmInIstrator Kruse addressed the CouncIl askmg what theIr wIshes were after they had a chance to hear what Mr Tmklenberg had to share wIth them Does the CouncIl wIsh to go ahead wIth hmng Mr Tmklenberg as a LobbYIst to represent AlbertvIlle? I I I , I I I' I , I I' Mayor Peterson feels AlbertvIlle needs to go ahead wIth hmng a lobbYIst CouncIl member Fay was m favor ofhmng a lobbYIst but has hopes of gettmg some funds m return CounCIl member Bernmg was not much m favor ofhmng a lobbYIst at thIS pomt CouncIl member Vetsch was new and was hesItant on hmng a lobbYIst CouncIl member Klecker agreed wIth Peterson and Fay to go ahead wIth hmng a lobbYIst CouncIl understood the need to actIOn now because Congress IS back m seSSIOn If the CIty wants to get any finanCIal assIstance from the federal and state levels . CIty AdmmIstrator Kruse wanted to clanfy wIth CIty Attorney Coun how would the CIty draft the contract between the CIty of AlbertvIlle and Mr Tmklenberg Some dIScussIon ensued about how to structure an agreement MOTION BY Mayor Peterson, seconded by CouncIl member Fay to have staff work wIth Mr Tmklenberg to outlIne a work plan and an agreement for Tmklenberg to Lobby for 1-94 fundmg and report back to the January 18, 2005 CouncIl meetmg Mayor Peterson, CounCIl members Fay, Klecker, and Vetsch voted aye CouncIl member Bernmg voted nay MotIon carned ADOPT RESOLUTION NUMBER 2005-03 ENTITLED A RESOLUTION TO WRIGHT COUNTY SEEKING A TP FUNDING FOR CSAH 19 FROM THE ALBERTVILLE PREMIUM OUTLET MALL ENTRANCE TO 70TH STREET IMPROVEMENTS CIty Engmeer Carlson stated that m order to get A TP Fundmg for CSAH 19 for the street Improvements, we need the County's cooperatIOn and to support the project and the transportatIon Issues CIty Engmeer Carlson SaId the County reVIews the projects from the CItIes and ranks them accordmgly The funds are then calculated by how the projects are ranked The projects are presented to the County Board, whIch makes the final declSlon on whIch projects to provIde assIstance ThIS IS an unusual SItuatIOn consIdenng It IS a County road and the CIty IS takmg the InItIatIve to address the need for the Improvements . M \Pubhc Data\Clty CouncIl\CouncIl Mmutes\2005 Mmutes\M 01 03 05 doc I' I, City of Albertville City Councll Mmutes January 3, 2005 . Page 5 of7 City Engmeer Carlson estimated the cost at $770,000 for the improvements The Councll needs to understand the County's goal is to spread the funds appropnately over the entire County for all projects . . The Council debated pursumg fundmg for CSAH 19 and by consensus decided to forgo applymg for fundmg because they felt it may hmder future efforts for fundmg on the 1-94 ramps LEGAL ADOPT RESOLUTION NUMBER 2005-04 ENTITLED A RESOLUTION ESTABLISHING 2005 FEES AND MISCELLANEOUS ITEMS City Attorney Coun said With the codificatiOn, he had Sterhng Codifiers search through the ordmances to find any fees the City preViOusly had set for miscellaneous items Liquor and Wme Licenses mcrease from $2,800 to $3,000 Off-sale Liquor License mcreases from $100 to $200 One-Day N on- Intmacatmg Malt Liquor License leave at $10 per day Off-Sale Non-IntoxiCating Malt Liquor License set at $50 Garbage Haulmg License mcreased from $50 to $100 Rental of City Park Shelter, (resident) mcreased from $100 to $150 per day plus $100 damage depOSit Rental of City Park Shelter, (non-resident) mcreased from $200 to $250 per day $100 damage depOSit Rental of Ball field by Softball Leagues mcreased from $50 per team per season to $75 per team per season Rental of Ball field for Softball Tournament (three days) mcreased from $300 to $400 per Tournament Massage Enterpnse License and Investigation fee set at $300 per enterpnse Massage Therapist Individual License set at $50 per therapist Cable System Franchise ApphcatiOn set at $500 plus City expenses Open Burnmg NUisance Abatement set at $200 Dog License fee decrease from $15 00 to $10 00 annually Dog Tag Replacement set at $5 00 Dog Impoundment and Redemption fees - 1 st Impoundment mcrease from $20 to $50 Dog Impoundment and Redemption fees - 2nd Impoundment mcrease from $50 to $100 Dog Subsequent Impoundments - mcrease from $100 to $200 City of Albertv1l1e portion of water rates no change untll after the rate study has been completed City of Albertv1l1e sewer rates no change untll after the rate study has been completed Water Shut-off fee set at $20 Water Turn-on fee set at $20 Pnvate Sewage Disposal System Permtt fee set at $100 Pnvate Sewage Disposal System Inspection fee set at $100 Rental Urnt License and InspectiOn fee - Smgle Famlly detached residential mcrease from $30 to $100 M lPublIc DatalC1ty CouncdlCouncd Mmutes\2005 MmuteslM 01 03 05 doc I' I CIty of AlbertvIlle CIty CouncIl MInutes January 3, 2005 . Page60f7 Rental Umt LIcense and InspectIon fee - SIngle FamIly attached resIdentIal mcrease from $40 (per duplex) to $50 per bUIldIng plus $50 per umt Rental Umt LIcense and InspectIon fee - Apartment BUIldIngs Increase from $20 per buIldIng plus $8 per umt to $150 per bUIldIng plus $10 per umt BUIldmg MaIntenance and occupancy Appeal set at $100 plus CIty expenses AdvertISIng DeVIce (BIllboard) permIt fee Increase from $75 to $100 per SIgn face AdvertISIng DeVIce (BIllboard) annual renewal Increase from $75 to $100 per SIgn face Temporary SIgn PermIt set at $50 Temporary Outdoor Seasonal Sales PermIt set at $50 Home OccupatIon LIcense set at $30 MOTION BY Mayor Peterson, seconded by CounCIl member Fay to set the Water Shut-off fee and Water Turn-on fee at $20 each MotIon carned unanImously MOTION BY CounCIl member BernIng, seconded by CounCIl member Klecker to approve ResolutIOn No 2005-04 WIth the amended fees MotIon carned unammously . CITY ADMINISTRATION OUTDOOR ICE TIME CIty AdmInIstrator Kruse asked the CouncIl to conSIder the request from Doug Foster for outdoor Ice tIme MOTION BY CouncIl to set from 10-12 or 9-11 for organIzed Ice tIme and reqUIre the users to Install a permanent SIgn confirmIng organIzed skatIng dunng these tImes - open skatIng otherwIse II WRITTEN REpORT CIty AdmInIstrator Kruse addressed the CouncIl In regards to the recently adopted Temporary SIgn OrdInance Kruse asked the CouncIl If they wanted staff to start ISSUIng admlmstenng the AdmInIstratIve FIne, whIch IS $200 for the first VIOlatIOn and can Increase thereafter for further noncomplIance CounCIl dIrected CIty AdmInIstrator Kruse to enforce the Temporary SIgn OrdInance and levy admInIstratIve fines as necessary CIty AdmInIstrator Kruse brought to the CounCIl's attentIon the 2005 NatIOnal League of CItIes Conference comIng up In March He thought WIth the pendIng 1-94 ramp project thIS would be an opportumty to do some lobbYIng CounCIl member Klecker shared WIth the others that he attended one of the conferences and found It very InformatIve and an excellent OppOrtunIty to speak to our congressIonal representatIves . Kruse updated the CounCIl on the CodIficatIOn progress Staffhopes to get the remaInIng ordInances out In the next week or two M IPubhc DatalClty CouncIl\CouncIl Mmutes\2005 MmuteslM 01-03-05 doc . . . CIty of AlbertvIlle CIty CouncIl MInutes January 3, 2005 Page 7 of7 CouncIl brought to staffs attentIOn of three (3) poles at the IntersectIOn ofCR 19 and 5ih Street They were temporary poles untIl the traffic lIghts were Installed The traffic lIghts are complete and the poles are stIll there When WIll they be removed and IS the CIty contInuIng to pay for the poles? AdmInIstrator Kruse wIll call NSP and request theIr removal I: I ADJOURNMENT MOTION BY CouncIl member Fay, seconded by CouncIl member Klecker to adjourn at 9 00 p m MotIOn carned unanImously ~-..A..-- vi Don Peterson, Mayor t C)~ e~rmJ)\'a~t,~ Bndget MIl r, CIty Clerk I I I i i I I II M \Pubhc DatalCity CouncIlICouncIl Mmutes12005 MmuteslM 01-03 05 doc