2006-04-17 CC Minutes
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ALBERTVILLE CITY COUNCIL
April 17 , 2006
Albertville City Hall
7:00 PM
PRESENT: Mayor Don Peterson, Council members John Vetsch, LeRoy Berning, Ron
Klecker, and Tom Fay, City Attorney Mike Couri, City Planner Al Brixius, City Engineer Mark
Kasma, Assistant City Engineer Adam Nafstad, City Administrator Larry Kruse, Finance
Director Tina Lannes, Public Works Supervisor Tim Guimont, and City Clerk Bridget Miller
ABSENT: none
Mayor Peterson called the Albertville City Council meeting to order at 7:00 p.m. followed by the
Pledge of Allegiance.
ADOPT AGENDA
MOTION BY Council member Klecker, seconded by Council member Berning to approve the
agenda as amended and on file in the office of the City Clerk. Motion carried unanimously.
Add: Rosetti's Pizza & Pasta
Renewal On-Sale Wine and 3.2% Malt Liquor License
MINUTES
MOTION BY Council member Berning, seconded by Council member Klecker to approve the
April 3, 2006 regular City Council minutes and April5, 2006 special City Council minutes as
presented and on file in the office of the City Clerk. Motion carried unanimously.
CONSENT AGENDA
MOTION BY Council member Vetsch, seconded by Council member Fay to approve the
consent agenda pulling check number 22727 and items F., G., H., I., and J wanting staff to
explain the reason for some ofthe proposed fund transfers. Motion carried unanimously.
A. Approve payment of claims check numbers 22717 to 22754
B. Approve S.E.H.' s recommendation for Application for Payment NO.11 for WWTP to
Gridor Construction in the amount of$121,719.75
C. Approve Bonestroo's recommendation for Application for Payment No.2 for City Hall
Construction to Brietbach Construction in the amount of $405,270
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City of Albertville
City Council Minutes
April 17, 2006
Page 2 of7
D. Approve the Application to Lawful Gambling LG220 Application for Exempt Permit
for Bingo, Raffles, Paddlewheels, Pull-Tabs, and Tipboards to be held on July 16,
2006 at the St. Albert Parish Center
E. Approve Application for 3.2% Malt Beverage Liquor License for the Albertville Lions
for the Lioness Spaghetti Dinner to be held on May 18, 2006 at the St. Albert Parish
Center
F. Approve Resolution No. 2006-xx entitled (Resolution Authorizing to Write Off the
1998 STMA Ice Arena Short-Term Loan)
G. Approve Resolution No. 2006-xx entitled (Resolution Closing Certain Funds)
H. Approve Resolution No. 2006-xx entitled (Resolution Approving Reclassification of
the Park Fund from a Special Revenue Fund to a Capital Fund)
I. Approve Resolution No. 2006-xx entitled (Resolution Approving Reclassification of
the Sewer Access Charges from a Special Revenue Fund to a Capital Fund)
J. Approve Resolution No. 2006-xx entitled (Resolution Approving Reclassification of
the Water Access Charges from a Special Revenue Fund to a Capital Fund)
K. Approve Application for 3.2% Malt Beverage Liquor License for the St. Albert Parish
Center for the St. Albert Parish Festival to be held on July 16, 2006 at the St. Albert
Parish Center
L. Approve Bolton and Menk developing a concept plan for a small parking lot on the
south side of City Hall on an hourly rate with a total amount at approximately $500
M. Approve Application for 3.2% Malt Beverage Liquor License for the Albertville Lions
for the Albertville Friendly City Days to be held on June 9, June 10, and June 11 of
2006 at the Lions Pavilion Shelter located within Central Park
N. Approve Application for 3.2% Malt Beverage Liquor License for the Knights of
Columbus, Council No. 4174 for the Albertville Friendly City Days to be held on
June 9, June 10, and June 11 within the Albertville Central Park area
ACTION ON PULLED CONSENT ITEMS
Check Number 22727
MOTION BY Council member Berning, seconded by Council member Fay to approve check
number 22727. Motion carried unanimously.
Items F, G, H, and I. Regarding items F, G, H, I and J the auditor explained that the State
Auditors have been looking Cities that have significant reserves. Albertville's past method of
coding some revenue funds which are really capital project funds distorts those reserve numbers
making it look like Albertville has more reserves than necessary. In actuality, the specific
Revenue Funds can not be used for General Fund operations thus the need to change their
classification.
MOTION BY Council member Vetsch, seconded by Council member Klecker to approve Items
F., G., H., I., and J. Motion carried unanimously.
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City of Albertville
City Council Minutes
April 17, 2006
Page 3 of7
2005 AUDIT - Kern, DeWenter, Viere (KDV)
Jennifer Thienes, representing KDV, reported that the 2005 Audit for the City of Albertville has
been completed.
Thienes reviewed the Audit Report and Management letter in detail complimenting staff on the
significant accounting and fiscal management changes that has taken place over the last two
years. Thienes stated the City is in sound financial condition and most accounting procedures
and fund balances appear to be trending positively. The Council did not have any questions for
Thienes and thanked KDV for their service to the City.
MOTION BY Council member Vetsch, seconded by Council member Fay to adopt the 2005
Audited Financial Statements and the 2005 Management Letter prepared by Kern, DeWenter,
Viere. Motion carried unanimously.
DEPARTMENT BUSINESS
PUBLIC WORKS DEPARTMENT
Parks Deoartment - Reauest for Council Action to Authorize Installation of a Fence
Public Works Supervisor Guimont explained to the Council that since the original consideration
was to install a 6-foot fence. After further review, staffis recommending installation of a 4-foot
fence. A quote has been received from D & H Fence of$2,895.
MOTION BY Council member Vetsch, seconded by Council member Berning to authorize the
installation of a 4-foot fence at the Villas Park located within Albertville at a cost not to exceed
$2,895 with funds from Parks Dedications, which has an estimated unreserved balance of
$189,000. Motion carried unanimously.
Public Works Deoartment - Reauest for Council Action to aoorove a oartial50th Street NE
Overlav Proiect
PW Supervisor Guimont stated that the City of St. Michael brought it to the City's attention that
50th Street NE, just east of Barthel Industrial Drive NE to approximately Main Avenue NE,
should have a 3" overlay. The reason for the overlay is due to the construction on Hwy. 241 and
detouring the traffic through Albertville along Main Avenue NE and 50th Street NE.
MOTION BY Council member Berning, seconded by Council member Klecker to approve a
partial 50th Street NE Overlay Project at a cost not to exceed $10,000 using funds from Street
Overlay Account, which has $125,000 funds available in the budget. Motion carried
unanimously.
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City of Albertville
City Council Minutes
April 17, 2006
Page 4 of7
PLANNING AND ZONING
Downtown Parkin!! Studv
City Planner Brixius reported that the City staffwill be holding an Open House on Thursday,
April 20 at 6:30 p.m. to discuss the downtown parking concept with the residents and business
owners.
ENGINEERING
Flood Studv Uodate
William Douglas, Bolton and Menk, Inc. Tech Engineer informed the Council that staffhas
conducted a 2006 County Ditch No.9 Flood Study, which is available for Council's review.
Mr. Douglas noted that over the past several years there has been flooding issues within
Albertville, particularly in the south-west corner. It is staffs understanding that the Council
desires to review opportunities to improve or resolve the situation to prevent future occurrences
of similar magnitudes from causing similar damage, which was created during a 100-year, 24-
hour rainfall.
Mr. Douglas stated that Bolton and Menk, Inc. conducted several interviews with city staff and
residents, along with other outside members to understand the history ofthe flood situation. The
findings reported by Bolton and Menk, Inc. took into account the background history of what
may have caused the flooding along County Ditch No.9. Factors such as building elevations,
storage capacity of ponds/wetlands, and ditch backwater were included in the flood anaylsis.
It was discovered that there were two major changes to infrastructure in County Ditch No.9,
which occurred in 2001 and 2005. In 2001, the existing 10-foot by 8-foot box culvert was
replaced with a 12-foot by 8-foot box culvert at County Road 18. Then in 2005, the existing 54-
inch diameter culvert was replaced with a 5-foot by 8-foot box culvert at County Road 119.
These infrastructure changes may have had some adverse effects to the flow of waters through
the Albert Villas development.
Mr. Douglas went on to explain that the original drainage calculations for Albert Villas assumed
free discharge of water from the culverts out letting into the drainage system. Tail water effects
were not taken into account. Therefore, increasing the size of storm sewer pipes to pass more
stormwater through the development does little to improve the drainage problem.
Mr. Douglas brought to the Council's attention that increasing existing pipe capacity upstream of
CSAH 119 culvert in County Ditch No.9 and through the Albert Villas would have an adverse
effect on the property in St. Michael below this culvert by increasing the peak flows
downstream. Given this situation, this is not considered feasible and was not further evaluated.
Within the 2006 County Ditch No.9 Flood Study prepared by Bolton and Menk, Inc., it notes
four (4) options for Council's review to identify a solution to the flooding associated with
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City of Albertville
City Council Minutes
April 17, 2006
Page 5 of7
County Ditch No.9 with several constraints. All options considered involve expanding ponds
adjacent to the western border of Albertville, beneath the overhead power lines. This would
maximize the available land in Albertville that could be used for ponding that is currently in
easement and in an optimal location. Unfortunately, the available storage from expanding these
existing ponds is not sufficient to provide storage for the 100-year, 24-hour storm event.
Supplementary ponding is needed in addition to volume the easement area can provide.
Mr. Douglas reported that all options also allow the low flows to continue through the Albert
Villas wetland. Otherwise, the wetland would probably be lost and need to be mitigated at a 2 to
1 ratio.
City staff made the recommendation to reduce the flooding problems experienced in the study
area, there are two (2) general approaches that can be applied:
1. Increasing conveyance capacity (enlarging storm sewer pipes); and
2. Storage of excess Stormwater (detention storage).
Staffis looking for direction from the City Council as to which of the four (4) options to conduct
additional research on and potentially implement.
MOTION BY Council member Berning, seconded by Council member Fay to adopt the 2006
County Ditch No.9 Flood Study prepared by Bolton and Menk, Inc. Motion carried
unanimously.
LEGAL
Albertville - STMA School District No. 885 Ootion Al!reement
City Attorney Couri stated that included in the packet is an Option and Utilities Agreement
between the City of Albertville and Independent School District No. 885 for Council's review,
which would assign the City's option on the 40-acre ATL property to the School District. It
would grant the City an option to purchase land for ponding on the same property and a
proposed agreement with the City of St. Michael, which would allow Albertville to construct the
necessary ponds within the City of St. Michael.
City Attorney Couri presented a memorandum before the Council updating them on the results
from the City of St. Michael's meeting. The City of St. Michael Council will consider the
Agreement contingent on the option of Main Avenue NE connecting up to St. Michael. City
Attorney Couri identified three different options with respect to the two agreements: 1) approve
the School District agreement contingent on the City of St. Michael approving the Albertville/St.
Michael agreement; 2) Approve the School District agreement regardless of whether St. Michael
approves the Albertville/St. Michael agreement; or 3) simply assign the City's option to
purchase the A TL property to the School District and do not take an option back to purchase
land for ponding. Attorney Couri recommended option 1 as it gives the City the most flexibility
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City of Albertville
City Council Minutes
April 17, 2006
Page 6 of7
in the future in the event the City decides to construct ponding on the A TL property to alleviate
the flooding problem in the Albert Villas subdivision.
The consensus of the Council was in favor of the proposed Option No.2 in the memorandum,
just to allow the School District to go forward with their proposed project.
MOTION BY Mayor Peterson, seconded by Council member Berning to approve the
Albertville - STMA School District No. 885 Option Agreement with the recommendations
noting the agreement would be for approximately 15 acres. Motion carried unanimously.
Albertville - Citv of St. Michael Al!reement
City Attorney Couri presented a memorandum before the Council updating them on the results
of a meeting between the STMA School Superintendent Marcia Ziegler, St. Michael City
Administrator Bob Derus, Albertville City Administrator Larry Kruse, Dave Lenhardt Attorney
for STMA School District and St. Michael and himself regarding Albertville's need to provide
stormwater ponding on the Albertville border with property located in St. Michael. All three
entities have worked for over a month to develop a plan that would accommodate construction
of an elementary school and flood mitigation ponding to alleviate flood problems in the Albert
Villas neighborhood. In the eleventh hour, the City ofSt. Michael is conditioning Albertville's
ponding approval on St. Michael's desire to extend Main Avenue NE connecting up to St.
Michael.
City Attorney Couri recommended not transferring Albertville's Option to purchase 40 acres
from A TL to the school to preserve the ability to annex this area for public health purposes if St.
Michael will not cooperate. Couri stated how staff was surprise that St. Michael would present a
deal breaker at the 11 th hour, after stating that as long as Albertville worked with the school,
something could be worked out.
The Council stated that although transferring the option to the School may not be in Albertville's
best interest, it is in the STMA School's best interest and expressed a desire to trust that St.
Michael will not hold Albertville hostage over a public health issue, especially in the 11 th hour of
this discussion.
Mayor Peterson stated he would be in favor of Option No.2 of the proposed in the memorandum
just to allow the School District to go forward with their proposed project.
MOTION BY Mayor Peterson, seconded by Council member Berning to approve Albertville -
City of St. Michael Agreement with Option No.2 of the memorandum prepared by City
Attorney Mike Couri noting the approximately 15-acres. Motion carried unanimously
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City of Albertville
City Council Minutes
April 17, 2006
Page 7 of7
Knechtl Prooertv Purchase Al!reement ,
City Attorney Couri informed the Council that included in the packet is a proposed Commercial
Purchase Agreement for the Knechtl Property. Mr. Knechtl rejected the $10.50 per square foot
price, plus the cost to relocate the sign. What staff is proposing would be to pay $13.00 per
square foot, which includes the cost to move the bill board sign. Hoey Advertising is suggesting
the need for a variance to raise the height of the bill board, from 30 feet to 40 feet, to maintain
the same visibility along 1-94. Staff will work with Hoey to verify if the need is justified, and
will report back to the Council. Mr. Knechtl will be in Minnesota on April 25 to complete
negotiations and hopefully sign a Purchase Agreement
MOTION BY Mayor Peterson, seconded by Council member Klecker to approve the Knechtl
Property Purchase Agreement. Mayor Peterson, Council members Fay, Klecker, and Berning
voted aye. Council member Vetsch voted nay. Motion carried.
City Clerk
City Clerk Miller brought to the Council's attention that last fall we entered into a challenge with
the City of St. Michael during their Heritage Days. Does the Council want to do a similar event
during Friendly City Days? Council set Friday, June 9 at 6:00 p.m. to hold a 3-inning softball
tournament against the City of St. Michael Council and staff.
CITY ADMINISTRATOR
City Administrator Kruse reported that S.E.H. submitted an updated Transition Plan, which is
included in the packet. If the Council has any questions or concerns, let staffknow. It appears
the items are getting close to completion.
City Administrator Kruse asked the Council to set Monday, May 22,2006 at 6:30 p.m. as a
workshop to discuss consultant billings and other topics.
ADJOURNMENT
MOTION BY Council member Vetsch, seconded by Council member Berning to adjourn at
9:24 p.m. Motion carried unanimously.
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Don Peterson, Mayor
M~mJ\J2k
Bridget Miller, Ity Clerk
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Albertville City Council
Regular Meeting April 17, 2006
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