2005-03-07 CC Minutes
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City of Albertville
City Council Minutes
March 7, 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 Planner Al Brixius, City Engineer Pete
Carlson, City Administrator Larry Kruse, and City Clerk Bridget Miller
Mayor Peterson called the Albertville City Council meeting to order at 7:00 p.m. followed by the
Pledge of Allegiance.
AGENDA
MOTION BY Council member Klecker, seconded by Council member Berning to approve the
Agenda as presented. Motion carried unanimously.
MINUTES
MOTION BY Council member Fay, seconded by Council member Klecker to approve the
February 22, 2005 regular City Council minutes, February 28,2005 City Council 1-94 Public
Information Workshop minutes and March 2, 2005 City Council Workshop 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.
There was no one present.
CONSENT AGENDA
MOTION BY Council member Klecker, seconded by Council member Berning to approve the
consent agenda pulling item b. Motion carried unanimously.
a. Approve payment of claims check numbers 021120-021141
b. Liquor License Renewals
I). Off Sale Liquor Licenses
(a). Westside Liquor, Inc.
(b). c.L. Gentile Inc.
(c). Hackenmueller's Inc.
(d). Vetsch, Gary E.
2). On Sale Liquor Licenses
(a). C. L. Gentile Inc.
M:IPublic DatalCity CounciJ\Council Minutes\2005 MinutesIM 03-07-05 Final.doc
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City Council Minutes
March 7, 2005
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(b). D. Michael's B's II Inc.
(c). Vetsch, Gary E.
(d). Cedar Creek Golf
3). Special Sunday On Sale Liquor License
(a). C. L. Gentile Inc.
(b). D. Michael B's II Inc.
( c). Vetsch, Gary E.
(d). Cedar Creek Golf
4). Off Sale 3.2 Malt Beverage
(a). JTS Auto Service, Inc.
c. Approve Contracting with Bonestroo to Complete City Hall Topo and Boundary Survey
for $4,645.00
d. Approve City Engineer's Recommendation to Accept Application for Payment No.2
(FINAL) for the 2004 Overlay Project in the amount of $4,546.42
e. Approve the City Engineer's Recommendation to Reduce the Letter of Reduction for
Towne Lakes 4th Addition from $292,500 to no less than $253,500
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ACTION ON PULLED CONSENT ITEMS
Liquor License Renewals
Staff brought to the Council's attention that a resident called commenting on Smackdown's
music. City Attorney Couri suggested the City could amend the Liquor License Ordinance
regulating the noise coming from within the establishment.
Council tabled the Liquor License Renewals until the March 21, 2005 Council meeting. City
Attorney Couri will write up the amended Liquor License Ordinance to be general for all
establishments to follow.
DEPARTMENT BUSINESS
PUBLIC WORKS
Wastewater Superintendent Middendorf stated that Sean and himself have built carts to store the
UV disinfection lamps.
WW Superintendent Middendorf reported that on February 17 the sludge-dosing tank
overflowed. Approximately 33,000 gallons overflowed. I contacted the duty officer, report no.
68524. What happened was the sludge-wasting pump was set to pump 9,500 gallons a day; it
stuck and pumped 69,000 gallons. The reason it stuck was the PLC waits until it gets an open
sign from the check valve to start counting gallons. The switch on the check valve
malfunctioned, therefore it did not count the gallons it was pumping and overflowed the sludge-
dosing tank.
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WW Superintendent Middendorf continued explaining that the sludge-dosing tank was set to
decant. There was 36,000 gallons of volume left in the tank. But the pump pumped 69,000
gallons overflowing 33,000 gallons. The solids settled to the bottom ofthe tank and the clear
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City Council Minutes
March 7, 2005
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water overflowed. I ran tests on the overflow water. The results were CHOD 2.37, TTS 4.8,
total Phosphorus 0.781.
WW Superintendent Middendorf wrapped it up stating he had completed three items to prevent
this from happening in the future: 1. fixed the switch on the check valve, 2. had the computer
programmer change the program so it does not need a signal from the check valve to start
counting gallons, 3. installed a high-level alarm float in the sludge-dosing tank.
WW Supt. Middendorf stated the water went into a small swale between the WWTF and the PW
Department. After that filled up then it proceeded on down until it hit the lake. The water that
overflowed into the lake was clean water, which when tested met discharge standards.
City Administrator Kruse was very pleased with how WW Supt. Middendorfhandled the
situation. He discovered the overflow and too immediate action to correct the current situation
as well as noting how to prevent this in the future.
METER READERS
WW Supt. Middendorf updated the Council on remote water meter (radio read) installation
stating the original plan would require up to nine (9) years to complete city-wide installation.
. Council then suggested that staff look into hiring some temporary help to speed the installation
up.
CSAH 19 & 68TH STREET WATER MAIN
WW Supt. Middendorf wanted the Council to consider extending the water main on the north
end ofCR 19. With the proposal to widen 68th Street intersection now, it would be a good time
to extend the water main.
Council recalled when 6ih Street went in, there would be a water main that would cross under
CR 19 to service that area.
Assistant City Engineer Moberg confirmed that a water main line did cross under CR 19 to
service the area, but with the future expansion of Towne Lakes 5th it could use an additional
water main line.
PLANNING AND ZONING
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BUILDING DEPARTMENT
FEBRUARY 2005 MONTHLY REpORT
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City Administrator Kruse stated that Building Official Sutherland would be submitting a report
to the Council on a monthly basis.
Council directed staff to include it in the packet only not as a separate item in their envelope and
to send it in an executive summary format. The Council commented it was a good report, but to
conserve on paper.
ENGINEERING
ApPROVAL OF WASTEWATER TREATMENT PLANT EXPANSION NO.2 PLANS AND
SPECIFICATIONS
MOTION BY Council member Klecker, seconded by Mayor Peterson to approve the
Wastewater Treatment Plant Expansion No.2 Plans and Specifications. Motion carried
unanimously.
ApPROVAL OF WASTEWATER TREATMENT PLANT EXPANSION No.2 ENGINEERING
AGREEMENT
City Attorney Couri brought to the Council's attention a number of revisions to the Agreement.
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Page 3. Section 2. - S.E.H.'s efforts will be directed toward providing a greater degree of
confidence for the OWNER that the completed work of the Contractor will conform to the
Contract Documents, but S.E.H. shall not be responsible for the contractor's failure to perform
the construction work in accordance with the Contract Documents.
Page 11. Section 6. - S.E.H. shall not be required to sign any documents, no matter by whom
requested, that would result in S.E.H. having to certify, guarantee, or warrant the existence of
conditions whose existence S.E.H. cannot ascertain.
Page 14. Section E. 1. - They are not intended or represented to be suitable for reuse by the
OWNER or others on extensions of the Project or on any other project. Any reuse without
written consent or adaptation by S.E.H. for the specific purpose intended will be at the
OWNER's sole risk and without liability or legal exposure to S.E.H.
Page 14. Section E. 2. - In accepting and utilizing any drawings or other data on any form of
electronic media generated and provided by S.E.H., the OWNER covenants and agrees that all
such drawings and data are instruments of service of S.E.H., who shall be deemed the author of
the drawings and data, and shall retain all common law, statutory law and other rights, including
copyrights.
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S.E.H. hereby grants an irrevocable written license to the OWNER to use drawings, electronic
media or other data generated and provided by S.E.H. for the Project as necessary for the use,
maintenance, operation or expansion of the Project. This written license does not apply to the
release or reuse of drawings, electronic media or other data generated and provided by S.E.H. on
other unrelated projects.
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Under no circumstances shall transfer of the drawings and other instruments of service on
electronic media for use by the OWNER be deemed a sale by S.E.H. and S.E.H. makes no
warranties, either express or implied, of merchantability and fitness for any particular purpose.
S.E.H. does agree, however, that services provided per this Agreement are to be provided
consistent with the standard of care and skill ordinarily exercised by members of the same
profession currently practicing under similar circumstances.
Page 15. Section E. 7. - has been removed
Page 17. Section 1. 1. - This Agreement may be terminated by either party upon seven days
written notice should the other party fail substantially to perform in accordance with its terms
through no fault of the party initiating the termination. In the event oftermination S.E.H. shall
be compensated for services performed to termination date, including charges for expenses and
equipment costs then due and all termination expenses. Termination expenses, for purposes of
this Agreement, are those expenses directly attributable to termination for which S.E.H. is not
otherwise compensated, exclusive of lost profits.
City Attorney Couri stated that we could add the same language we put into Bonestroo's
Agreement. Something to the effect of 'Termination in general. . . for cause. . .'
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MOTION BY Council member Vetsch, seconded by Council member Fay to approve the
Wastewater Treatment Plant Expansion No.2 Engineering Agreement with the recommended
changes to Section 1. 1. Motion carried unanimously.
AUTHORIZATION TO BID THE WASTEWATER TREATMENT PLANT EXPANSION NO.2
MOTION BY Council member Vetsch, seconded by Council member Klecker to authorize
S.E.H. to Bid the Wastewater Treatment Plant Expansion No.2. Motion carried unanimously.
John Stadoda, S.E.H., wanted to make sure the Council was aware the advertisement to accept
Bids would be placed on Friday, March 11 tho
OVERVIEW OF THE 70TH STREET TRANSPORTATION STUDY BY BOB MOBERG
Citl Administrator Kruse stated that Albertville and Otsego staff met to discuss the overview of
70t Street Transportation Study. Assistant City Engineer Moberg is here to present the outcome
of the meeting.
Assistant City Engineer Moberg talked about the potential access points on 70th Street. There are
a number of access points that have been platted east of CR 19 in the Towne Lakes and Hunter's
Pass.
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Assistant City Engineer Moberg commented when looking at the full 70th Street Corridor we
have identified nine (9) locations for access points, whether in Albertville or Otsego.
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Working from left to right on the map - 1. would be a full interchange, allowing a right or left in
and out from the street; 2. would be a restricted interchange, allowing only a right in and right
out; 3. would be a full interchange; 4. would be a restricted interchange; 5. would be a
restricted interchange; 6. would be a restricted interchange; 7. would be a full interchange; 8.
would be a restricted interchange; 9. would be a restricted interchange.
Assistant City Engineer Moberg did point out that since number 4 is restricted, it could be
combined with number 3 making it a full interchange. Therefore eliminating number 4.
Assistant City Engineer Moberg informed the Council that this would be going before the Otsego
Council at the March 14, 2005 Council meeting for discussion.
Council asked if the County wants all of the access points.
Assistant City Engineer Moberg shared that the County probably does not want all of the access
points. The County would like to space the access points according to rural standards.
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City Planner Brixius confirmed with Mr. Moberg that the County would like to see the roads
spaced according to rural standards. Remember, when we approved Towne Lakes commercial
and residential we did not have the NW Transportation Study. We were not aware ofthe
restrictions the County had.
City Planner Brixius state we have looked at what has been platted and what is proposed. If we
went with the County's grid, we would be limited to one full access on either side ofCR 19.
Council was concerned with investing a considerable amount of money into 70th Street and then
turns it over to the County.
City Planner Brixius stated that he has brought it to Towne Lakes attention to limit their access
points on an interim basis. We, the City, cannot guarantee it will always be a full access.
City Administrator Kruse shared that we have talked about this at a Consultant Staff level and
came to the conclusion it may be a City Project in completing 70th Street.
City Planner Brixius informed the Council that Otsego and Albertville staffs feel we will have
developed the corridor way before the County will take it over. But again, we will work to meet
the City's interest.
City Administrator Kruse wrapped it up with the fact that he wanted to present it to you to get
your thoughts, concerns, and questions.
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LEGAL
None
FINANCE
WRITTEN REpORT
Finance Director Lannes stated that the total accounts receivable billed through February 2005 is
$1,380,468.26, since the billing/invoicing system has been set up. Of that amount, staffhas
collected $585,830.58 as of February 28,2005. The percentage ofthe total due based on the
aging report is: 9% 0-30 days past due; 1 % 30-60 days past due; 3% 60-90 days past due; 87%
90+ days past due. Ms. Lannes wanted the Council to know that 84% of the 90+ days
outstanding balance are Pilot Land Company, Edina Development and Kent Roessler plus
another 4% is due to WAC charges that were mis-calculated for Spectator's, Cobom's and H.J.
Development. Ms. Lannes explained that the developers wanted itemized statements. As far as
the remaining vendors and developers, they are paying their invoices on a timely manner; very
few are charged a late fee.
Council complimented Finance Director Lannes on a good report. They look forward to seeing
these in the future.
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ADMINISTRATION
WRITTEN REPORT
City Administrator Kruse stated he is working with Fire Chief Long to schedule the Harassment
Training.
City Administrator Kruse informed the Council of a meeting set for Tuesday, March 8 with the
City of Otsego to go over service area maps, maps of newly developed areas, identifying
protocols for using their new water system in the winter, site review for adequate turning
radiuses for fire trucks and more.
City Administrator Kruse reported that Mark Matuska staff for Congressman Kennedy stating
the were successful in getting $1 million dollars designated in the House Transportation Bill for
CSAH 19 and 94 ramps.
City Administrator Kruse went on to discuss Old Castle Glass. Representatives for Old Castle
Glass expressed the interest to expand their facilities. Currently Old Castle Glass is 80% built
out and wants to build on over 90% of their property. City Administrator Kruse stated the
Consultant staff is working very hard to accommodate them, however, it is a challenge. City
Administrator Kruse added that he had contacted Wright County to get some support on TIF or
other job rights. Wright County was not supportive.
WRIGHT COUNTY PROPOSAL ON AERIAL PHOTOGRAPHY ($1,973.68)
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MOTION BY Mayor Peterson, seconded by Council member Klecker to approve the City's
participation with the Partnership in an Aerial Photography Program in 2005 in the amount of
$1,973.68. Motion carried unanimously.
OTHER BUSINESS. MINUTES AND MATERIALS
PARKS COMMITTEE MEMBER APPOINTMENTS
City Administrator Kruse reported that the Parks Committee met at 6:00 p.m. and reviewed the
questionnaires from interested residents. The Parks Committee recommended appointing Lauren
Kastner and Dorothy Rich to the committee. This Committee would address issues of updating
park equipment, overseeing the design of the parks and trails map, and other similar duties.
MOTION BY Mayor Peterson, seconded by Council member Fay to appoint Lauren Kastner
and Dorothy Rich to the Parks Committee. Motion carried unanimously.
City Administrator Kruse stated that he has had a number of calls on the potential of a Casino
within the Albertville City limits. The City Council confirmed that they wanted to maintain a
neutral position on locating a casino in Albertville. It was suggested that City Administrator
Kruse continue to relay that the City has not taken a position on the casino issue. Any decision
would come after much more information is received and evaluated.
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ADJOURNMENT
MOTION BY Council member Berning, seconded by Council member Klecker to adjourn at
9: 1 0 p.m. Motion carried unanimously.
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Don Peterson, Mayor
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Bridget Miller City Clerk
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