2005-02-22 CC Minutes
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City of Albertville
City Council Minutes
February 22, 2005
Albertville City Hall
7:00 PM
PRESENT: Mayor Don Peterson, Council members Tom Fay, Ron Klecker, LeRoy Berning
and John Vetsch, City Attorney Mike Couri, City Engineer Pete Carlson, City Planner Al
Brixius, City Administrator Larry Kruse, and City Clerk Bridget Miller
Mayor Peterson called the City Council meeting of the City of Albertville to order at 7:00 p.m.
followed by the Pledge of Allegiance.
AGENDA
MOTION BY Council member Klecker, seconded by Council member Vetsch to approve the
Agenda with the following amendments. Motion carried unanimously.
Added Items:
7. a. 1.
7. b. 2.
7. c. 1.
7. d. 3.
7. d. 4.
7. d. 5.
7. d. 6.
7. d. 7.
1-94 Business Meeting - Sign Update
1-94 Informational Meeting
City Hall Architectural Contract
Mayor's Dinner
Set Date for Council Workshop
Set Date for Staff Reviews
Progress on Newsletter
City Hall Space Need Study
MINUTES
MOTION BY Council member Berning, seconded by Council member Fay to approve the
February 7, 2005 regular City Council minutes as presented. Motion carried unanimously.
CITIZEN FORUM
Mayor Peterson asked if there was anyone present in the audience to discuss an item that is not
on the agenda.
Amy Peterson, 4959 Kassel Avenue NE approached the Council. Peterson moved to Albertville
on November 23, 2004. She wanted to pursue the option to hydro seed her lot. She obtained a
copy of the City's landscape requirements for new residential construction. She contacted the U
ofM to research the advantage of hydro seeding versus just seeding. She informed the Council
that sod is pretty much Kentucky Blue Grass and is susceptible to disease, whereas hydro
seeding is a mixture of various grasses and there is less a chance of disease. When you hydro
seed the germination period is quicker than conventional grass seeding.
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City Council Minutes
February 22,2005
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City Engineer Carlson recalled there were a number of residents that were allowed to seed the
remaining portion of the lot, but neglected to maintain and the lawn turned to weeds.
Council stated that if we allow it here, it turns out great, then the next resident comes in and it
fails. We also need to take into consideration the run off from the yard in the meantime. It runs
into the streets, storm sewer and creates a mess. That is the reason for sod versus seeding.
Mayor Peterson thought we had agreed a resident could hydro seed provided they put in a
sprinkler system.
Council member Berning felt if Ms. Peterson agreed to install a sprinkler system it would be
okay to hydro seed.
Amy Peterson asked if she could get the permission or okay from the City in writing to present to
her Builder to get the Landscape Escrow back.
The City Council agreed that the seeding/sodding policy needs to be reviewed. In the interim,
Boulevards must be sodded. Residents can hydro seed their lawns if the entire area has
underground irrigation, and silt fence installed around the perimeter. Escrow funds will be held
until the grass is acceptable to the City. Seeding oflawns, with or without irrigation is not
permitted, as regular grass seed takes longer to germinate than hydro seeding. Seeding must be
done in a timely manner or else an Administrative Penalty may be levied. Prior to spring, staff is
directed to come back to the City Council with a revised Ordinance.
CONSENT AGENDA
MOTION BY Council member Vetsch, seconded by Council member Berning to approve the
consent agenda pulling items b., g., h., and i. Motion carried unanimously.
a. Approve payment of claims check numbers 21045-21107
b. Approve the City Engineer's recommendation for 2004 Primary School Ball Fields
Grading Change Order No.2, Change Order No.3 and Application for Payment
No.3 (FINAL) for this project. Change Order No.2 in the amount of$14,712.24 is
for installation ofaglime, Change Order No.3 in the amount of$1,012.20 is for
installation of additional drain tile and riprap, and Application for Payment No.3
includes both change orders and is in the amount of$25,382.55. With this payment,
the final contract amount is $67,516.10
c. Approve the Application to Conduct Excluded Bingo for the Catholic Aid
Association St. Albert Council 147 for March 20, 2005
d. Liquor License Renewal
1). Off Sale Liquor License
a). Coborn's Inc.
2). Off Sale 3.2 Malt Beverage
a). Coborn's Inc.
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City Council Minutes
February 22,2005
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e. Approve the City Engineer's recommendation for partial payment of$I,950.00 of
an invoice from L&K Tree & Shrub, Inc. for 2004 School Pedestrian and Bike Path
with the balance to be paid once the wall has been sealed
f. Approve the City Engineer's recommendation for Application for Payment No.3
(FINAL) for 2004 Primary School Ball Fields Seeding in the amount of
$7,293.60
g. Approval of the Plans and Specifications for the Phase 2 Expansion of the WWTF
and Authorizes S.E.H. to Bid the Project for Construction 2005
h. Authorize Finance Director to Close Funds recommended by Auditors
1. Adopt Resolution No. 2005-11 entitled Resolution Closing Certain Funds
ACTION ON PULLED CONSENT ITEMS
Pulled b. Approve the City Engineer's recommendation for 2004 Primary School Ball Fields
Grading Change Order No.2, Change Order No.3 and Application for Payment No.3 (FINAL)
for this project. Change Order No.2 in the amount of$14,712.24 is for installation of aglime,
Change Order No.3 in the amount of$I,012.20 is for installation of additional drain tile and
riprap, and Application for Payment No.3 includes both change orders and is in the amount of
$25,382.55. With this payment, the final contract amount is $67,516.10
The Council questioned when did we agree to do the ball fields, and how much money has the
School put into this project?
City Engineer Carlson distributed a cost analysis on the 2004 Primary School Ball Fields. It was
approved at a previous meeting to put aglime down for erosion control. When I discussed this
with the School District these were the City responsibility to complete.
MOTION BY Council member Vetsch, seconded by Mayor Peterson to approve the City
Engineer's recommendation for 2004 Primary School Ball Fields Grading Change Order No.3 in
the amount of$I,012.20 for installation of additional drain tile and rip rap, and Application for
Payment No.3 (FINAL) for this project in the amount of$I,012.20. Change Order No.2 in the
amount of $14,712.24 is for installation of aglime is to be held over for further clarification,
Application for Payment No.3 includes both change orders and is modified to reflect not paying
Change Order No.2. Motion carried unanimously.
Pulled g. Approval of the Plans and Specifications for the Phase 2 Expansion of the WWTF and
Authorizes S.E.H. to Bid the Project for Construction 2005
Council stated that approval of the plans should be been placed under Engineering on the agenda.
Kruse was not available for final edit of the agenda and City Clerk Miller did not realize it
should have been placed under Engineering.
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City Council Minutes
February 22,2005
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City Administrator Kruse informed the City Council that John Stodola, S.E.H. was present to
review the plans and the final engineer's estimate. Council was not prepared to review the plans
at this point. They would like to set a date to review the plans.
John Stodola stated that it is a good idea to hold a workshop to look at the plans and specs.
Mayor Peterson would like to set a workshop to get more details on this project. The contractors
are looking to bid the project. We have been informed that steel and concrete prices are going up
so the longer we wait the more it will cost.
MOTION BY Mayor Peterson, seconded by Council member Klecker to set Wednesday, March
2,2005 at 7:30 p.m. to review the plans and specs for Phase 2 of the WWTF. Motion carried
unanimously.
Pulled h. Authorize Finance Director to Close Funds recommended by Auditors
Council member Berning asked if any of the funds we are closing have balances.
City Administrator Kruse stated that these funds are not technically Capital Project Funds.
Rather, they are accounts receivables and the Funds were initially set up to track the expenses of
the development. Simplistically, the funds are being reclassified from an individual Capital
Project Fund to an accounts receivable classification.
Council asked about Pilot Land and Edina Development.
City Administrator Kruse stated these are the only developers that owe the City a significant
amount of money. For the most part all of the remaining developers are current on their accounts
with the City.
Pulled i. Adopt Resolution No. 2005-11 entitled Resolution Closing Certain Funds
Council stated they would like to see Quarterly Financial Reports. They would like the report to
show previous developer's status. That way if they come back to do a new project we can note
on the report how they worked with the City.
City Administrator Kruse stated staffwill provide the Council with a regular accounts receivable
dating report and further a Capital Projects Contract Report showing project-by-project
outstanding contract work to be performed and retainage. City Administrator Kruse assured the
Council that past problems from previous administrations are being straightened out and that
they will not occur under the current staffs watch.
MOTION BY Council member Berning, seconded by Mayor Peterson to view Quarterly
Reports from the Finance Director. Motion carried unanimously.
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City Council Minutes
February 22, 2005
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MOTION BY Council member Berning, seconded by Council member Fay to authorize Finance
Director to Close Funds recommended by the Auditors and Adopt Resolution No. 2004-11
entitled Resolution Closing Certain Funds. Motion carried unanimously.
DEPARTMENT BUSINESS
PLANNING
1-94 BUSINESS MEETING - SIGN UPDATE
City Planner Brixius reported there was good attendance at the 1-94 Business meeting regarding
signage within the City of Albertville. There were a number of areas the Business owners would
like the City to reconsider.
1. Banners to be included in the Temporary Sign Ordinance advertising special event
2. Any special provision regarding setback for temporary signs for the establishments on Main
Avenue as they are built to the lot lines.
City Planner Brixius stated that the Planning & Zoning Commission would review the Sign
Ordinance(s) at the March 2005 meeting. Then bring the recommendations back to City Council
in April 2005.
ENGINEERING
UPDATE ON CSAH 37 TRAIL
City Engineer Carlson recommended the City host a workshop or a meeting to give a detailed
update to the public on CSAH 37 Trail Project.
City Administrator Kruse suggested an open house is usually effective.
Council recommended staff set up an open house at which time Lambert A venue sidewalk could
be discussed.
1-94 INFORMATIONAL MEETING
Council wanted to confirm the agenda for Monday, February 28th presentation. It will begin at
6:30 p.m. for the residents to informally look at the boards with the proposed layouts. Then at
7:00 p.m. the Mayor would open the formal presentation. Give a brief speech and introduce the
representatives from S.E.H.
City Administrator Kruse will give a summary of the funding for the project and inform the
public the City has a lobbyist seeking Federal and State Funding.
S.E.H. would hold the presentation to about 45-60 minutes. At that time we would open up for
questions and concerns from the public.
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City Council Minutes
February 22, 2005
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LEGAL
BONESTROO, ROSENE, ANDERLIC & ASSOCIATES, INC. ARCHITECTURAL CONTRACT
City Attorney Couri reported that he worked with Bonestroo on the issues in the Architectural
Contract.
Article 2.6.17 - The Architect shall render initial decisions on claims, disputes or other matters
in question between the Owner and contractor as provided in the Contract Documents.
Article 6.2 - Upon execution of this Agreement, the Architect grants to the Owner a
nonexclusive license to reproduce the Architect's Instruments of Service solely for purposes of
constructing, using and maintaining the Project, provided that the Owner shall comply with all
obligations, including prompt payment of all sums when due, under this Agreement. The
Architect shall obtain similar nonexclusive licenses from the Architect's consultants consistent
with this Agreement. Any termination ofthis Agreement prior to completion ofthe Project shall
terminate this license. Upon any termination other than for the owner's default, the foregoing
license shall be deemed terminated and replaced by a second, nonexclusive license permitting the
Owner to authorize other similarly credentialed design professionals to reproduce and, where
permitted by law, to make changes, corrections or additions to the Instruments of Service, at their
own risk and liability, solely for purposes of completing, using and maintaining the Project.
Article 7.3 - The Architect and owner waive consequential damages for claims, disputes or other
matters in question arising out of or relating to this Agreement, provided, however, that damages
to persons or property inside or on the premises of the Project are not waived by this paragraph.
This mutual waiver is applicable, without limitation, to all consequential damages due to either
party's termination in accordance with Article 8.
Article 8.7 - Termination Expenses to date are in addition to compensation for the services ofthe
Agreement and include expenses directly attributable to termination for which the Architect is
not otherwise compensated.
Article 9.3 - has been removed due to Statute of Limitations.
Article 11.1 - An Initial Payment of Zero Dollars and Zero Cents ($0.00) shall be made upon
execution of this Agreement and credited to the Owner's account at final payment. Stipulated
sum of $200,000.
Article 11.3.3 - For Additional Services of Consultants, including additional structural,
mechanical and electrical engineering services and those provided under Section 3.4.19 or
identified in Article 12 as part of Additional Services, a multiple of One and one-tenth (1.10)
times the expenses incurred by the Architect, the Architect's employees and consultants directly
related to the Project.
For Reimbursable Expenses, as described in Section 10.2, and any other items included in
Article 12 as Reimbursable Expenses, a multiple of One and one-tenth (1.10) times the expenses
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City Council Minutes
February 22, 2005
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incurred by the Architect, the Architect's employees and consultants directly related to the
Project.
Article 11.5.1 - If the Basic Service covered by this Agreement have not been completed within
twenty (20) months of the date hereof, through no fault of the Architect, extension of the
Architect's services beyond that time shall be compensated as provided in Sections 10.3.3 and
11.3.2.
Article 11.5.2 - Payments are due and payable Thirty (30) days from the date of the Architect's
invoice. Amounts unpaid Thirty-one (31) days after the invoice date shall bear interest at the
rate entered below, or in the absence thereof at the legal rate prevailing from time to time at the
principal place of business of the Architect.
Article 12.1.2.3 - Architect shall review the requirements ofthe State and local building codes
and local zoning ordinances ("Codes and ordinance"). To the extent required by the Architect's
standard of care, Architect shall also comply with the Code and Ordinances in the performance
of its services. Owner shall inform the Architect in writing, prior to initiation of Architect's
services, of any planning, design and construction standards ofthe Owner, other than the Codes
and Ordinances, with which the Owner shall require the Architect to comply in the performance
of its services.
. Article 12.3.3 - Has been stricken through.
Article 12.4.2 - Objections to invoices - It is important for the Architect to be promptly
informed of problems. If the Owner objects to any portion of an invoice, the Owner shall notify
the Architect in writing within twenty days of the invoice's receipt. The Owner agrees to timely
pay any undisputed portions of an invoice.
Article 12.4.3 - have been stricken through.
Article 12.8 - Limitation of Liability - Architect's liability to Owner for any and all claims,
losses, expenses or damages arising out of the Project or this Agreement from any cause
including but not limited to the Architect's negligence, errors, or omissions shall not exceed the
sum of $4 million. This limitation shall apply regardless of the cause of action or legal theory
pled or asserted.
MOTION BY Mayor Peterson, seconded by Council member Berning to approve the
Architectural Contract with the amendments made by the City Attorney. Motion carried
unanimously.
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ADMINISTRATION
WRITTEN REpORT
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City Council Minutes
February 22,2005
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City Administrator Kruse informed the Council that he had received a couple of complaints
regarding snow removal from sidewalks. Council suggested that PW Supervisor Guimont contact
Don's Bus Garage in August of each year to get a copy of the school bus routes. Iftime allows
consider expanding the sidewalk snow removal.
City Administrator Kruse received a letter from the Wright County Soil and Water Conservation
District stating the dirt pile is not a part ofthe Corp's permit. We are working out the fence issue
along with the pile of dirt and the trash enclosures.
Mayor Peterson directed staff to contact Wright County regarding CR 19. It is just a matter of
time before someone will be hit or some other accident will happen.
Mayor Peterson asked staff is there is any chance to get an additional road outlet from the
Albertville Premium Outlets. Staff reported that as it stands today there is no option for an
additional outlet from the mall.
City Administrator Kruse reported that staff met with Otsego staff to discuss 70th Street and the
reviewed four options for improvement ranging from about $500,000 to $1,400,000. Otsego
staffwill disc 70th Street Project with their City Council.
City Administrator asked for Council direction on the street light standards for the Prairie Run
Residential Development.
Council stated that we have a standard in place. Council directed City Administrator to check out
the Towne Lakes Development and other residential developments.
PERSONNEL HARASSMENT POLICY
City Administrator Kruse asked for direction from Council regarding adopting the Harassment
Policy included in the packet.
Council amended the policy to include all employees, elected officials, volunteer fire fighters
and appointment members to attend a Harassment Training Session put on by the League ofMn
Cities.
MOTION BY Mayor Peterson, seconded by Council member Fay to approve the Harassment
Policy with the amendments to include all employees, elected officials, volunteer fire fighters
and appointed members. Motion carried unanimously.
MAYOR'S DINNER
Mayor Peterson wanted to invite the Council and staffto a Mayor's Dinner to be held on
Wednesday, March 9th at D. Michael B's on CR 19. D. Michael B's will be sending out
invitations.
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February 22, 2005
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SET DATE FOR COUNCIL WORKSHOP
Mayor recommended the Council and staff consider holding a workshop in the future.
SET DATE FOR STAFF REVIEWS
Mayor asked to set the date for staff reviews. Council set the date of Tuesday, March 29th for
staff reviews beginning at 6:00 p.m. at City Hall in the Council Chambers.
PROGRESS ON NEWSLETTER
City Administrator Kruse reported that staff has a rough draft started and it will go out the 1 st
week in March 2005. The next newsletter is scheduled to go out the 1 st week in May 2005.
CITY HALL SPACE NEED STUDY
City Administrator Kruse asked Council to review the City Hall Space Study needs prior to the
workshop on Wednesday, March 2nd.
SET DATE FOR INTERVIEWING ENGINEERING FIRMS
City Administrator Kruse stated the Engineering firms reports of interest are here for Council's
review. Kruse asked Council if they would like to set a date to interview.
Council set the date of Wednesday, March 23rd beginning at 6:00 p.m. to interview the
Engineering firms. Council members should contact City Administrator Kruse with their
concerns or firms they prefer.
INSURANCE
Mayor Peterson directed City Administrator Kruse to look at going out to bid for Insurance
Agents.
City Administrator Kruse will report back at a future meeting the advantages and disadvantages
to changing Insurance Agents.
ADJOURNMENT
MOTION BY Council member Vetsch, seconded by Council member Berning to adjourn at
10:04 p.m. Motion carried unanimously.
(/~~ ph ~
Don Peterson, Mayor
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Bridget Miller, ity Clerk '-'
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