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2006-11-06 CC MinutesA�Ibcrtvillc ALBERTVILLE CITY COUNCIL November 6, 2006 Albertville City Hall 7:00 PM PRESENT: Mayor Don Peterson, Council members John Vetsch, Ron Klecker, LeRoy Berning, and Tom Fay, City Planner Al Brixius, City Attorney Mike Couri, Assistant City Engineer Adam Nafstad, City Administrator Larry Kruse, Finance Director Tina Lannes, Wastewater Treatment Superintendent John Middendorf, and Public Works Supervisor Tim Guimont ABSENT: Bridget Miller, City Clerk 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 adding off -site sign discussion. Motion carried unanimously. MINUTES MOTION BY Council member Fay, seconded by Council member Klecker to approve the October 16, 2006 regular City Council minutes, which are on file in the office of the City Clerk. Motion carried unanimously. CITIZEN FORUM Mayor Peterson asked if there was anyone present that wanted to speak to the Council regarding an issue that was not on the agenda. There were no members of the audience that wished to speak to the Council regarding an issue that was not already on the agenda. No comments were received. CONSENT AGENDA MOTION BY Council member Vetsch, seconded by Council member Fay to approve the consent agenda pulling items B, C, M, N, O, P, Q, R. and check number 23499. Motion carried unanimously. A. Approve payment of claims check numbers 23479-23531 B. Approve Bolton & Menk, Inc. Engineer's recommendation to reduce the Letter of Credit for Towne Lakes 61h Addition from $329,649 to $268,638 (continued from 10/16/06) MAPublic Data\City Council\Council Minutes\2006 Minutes\M 11-06-06 Larry's draft.doc City of Albertville City Council Minutes November 6, 2006 Page 2 of 8 C. Approve Bolton & Menk, Inc. Engineer's recommendation to reduce the Letter of Credit for Shoppes at Towne Lakes Two from $419,000 to $135,000 (continued from 10/16/06) D. Approve Resolution No. 2006-50 entitled a Resolution Certifying Uncollected Utility Bills and Outstanding Invoices to Wright County For Collection with Real Estate Taxes E. Approve Resolution No. 2006-52 entitled a Resolution Awarding the Sale of, and Providing the Form, Terms, Covenants and Directions for the Issuance of $196,750 Tax Increment Revenue Note, Series 2006 F. Approve Bolton & Menk, Inc. Engineer's recommendation to reduce the Letter of Credit for Karston Cove 3rd Addition from $592,711 to no less than $460,000 G. Approve Bolton & Menk, Inc. Engineer's recommendation to reduce the Letter of Credit for Parkside Commercial Development from $105,823 to no less than $36,904 H. Approve the Application to Conduct Excluded Bingo for the Catholic Aid Association at St. Albert Catholic Church Permit No. XB-32114-06-001 for November 12, 2006 I. Approve Bolton & Menk, Inc. Engineer's recommendation to reduce the Letter of Credit for LaBeaux Station from $256,000 to no less than $105,500 J. Approve Resolution No. 2006-xx entitled A Resolution Requesting the Wright County Board of Commissioners to place the CSAH 19/37 1-94 Interchange Project on the Wright County Five -Year Construction Plan K. Approve Resolution No. 2006-xx entitled a Resolution Requesting the Wright County Board of Commissioners to place CSAH 19 North of 1-94 Extending Through to 70t' Street NE into the City of Otsego on the Wright County Five -Year Construction Plan L. Approve the Request for Council Action to set the 2007 Tournament and League fees for City -Central Park M. Approve the Request for Council Action to Approve the Purchase of Equipment (new bobcat and brush mower) N. Approve the Request for Council Action to Hire Jeff Schmidt to fill the Utility Operator position open with the City of Albertville O. Approve the Request for Council Action to Accept Low Quote for new City Hall Kitchen Facility Equipment P. Approve Bolton & Menk, Inc. recommendation of Acceptance for Kollville Estates 3rd Addition Q. Set 5:30 p.m., Monday, November 20, 2006 as a Ribbon Cutting Ceremony R. Set 5:30 p.m., Friday, December 15 as a Holiday Recognition Celebration ACTION ON PULLED CONSENT ITEMS The Council discussed their desire not to reduce any letters of credit for Towne Lakes Addition until the dirt berm and other non -compliant issues are resolved. MAPublic Data\City Council\Council Minutes\2006 Minutes\M 11-06-06 Larry's draft.doc City of Albertville City Council Minutes November 6, 2006 Page 3 of 8 ITEM C: Approve Bolton & Menk, Inc. Engineer's recommendation to reduce the Letter of Credit for Shoppes at Towne Lakes Two from $419,000 to $135,000 (continued from 10/16/061 MOTION BY Council member Vetsch, seconded by Council member Berning to deny the reduction in the Letter of Credit for Shoppes at Towne Lakes Two. ITEM M: Approve the Request for Council Action to approve the trade-in of the City's used Bob Cat and the purchase of a new Bob Cat for $18,835 and the purchase with a brush mower at a cost of $3,978 Some discussion ensued on the need to update the 9-year old machine with 1,900 hours. The Public Works Committee recommended the purchase and continued to support its replacement. MOTION BY Council member Vetsch, seconded by Council member Fay to approve the trade- in of the City's used Bob Cat and the purchase of a new Bob Cat for $18,835 and the purchase with a brush mower at a cost of $3,978. Mayor Peterson, Council members Klecker, Fay and Vetsch voted aye. Council Member Berning voting nay. Motion carried. ITEM N: Approve the Request for Council Action to Hire Jeff Schmidt to fill the Utility Operator position open with the City of Albertville City Administrator Kruse reported that Mr. Jeff Schmidt has declined the City's offer for the Utility Operator's position and that staff would possibly need to re -advertise the position. No action was taken. ITEM P: Approve Bolton & Menk. Inc. recommendation of Acceptance for Kollville Estates 3rd Addition The Council asked for more information about the status of Kollville Estates 3rd Addition. Assistant Engineer Nafstad referenced his memorandum (pg. 63) in the Council Packet stating that the development is in good order and the escrowed amount adequate to cover any remaining work. MOTION BY: Council member Berning, seconded by Council member Fay to approve Bolton & Menk, Inc. Engineer's recommendation of Acceptance for Kollville Estates 3rd Addition of the Municipal Improvement. Motion carried unanimously. M:\Public Data\City Council\Council Minutes\2006 Minutes\M 11-06-06 Larry's draft.doc City of Albertville City Council Minutes November 6, 2006 Page 4 of 8 ITEM R: the Council asked about the 5.30 p.m., Friday_ December 15 as a Holiday Recognition Celebration Staff reported it is really an employee recognition event and in honor of outgoing Mayor Peterson as he ends his term. MOTION BY: Council member Klecker, seconded by Council member Fay to set 5:30 Friday, December 15th as employee recognition and appreciation to Mayor Peterson for his term as Mayor. Motion carried unanimously. PUBLIC HEARING PERKIN'S WATER AND SEWER ACCESS CHARGE ASSESSMENT Finance Director Lannes reported that Perkins' Restaurant requested, in writing, that the city assess the City portion of the Water and Sewer Access Charges over a five-year period. Adopting this assessment would essentially provide WAC/SAC financing for the new company for a period of five years at 6.5% interest for Lot 5, Block 1, Shoppes at Towne Lakes Two. Mayor Peterson opened the Public Hearing and asked if anyone had any comments, which none were received. MOTION BY Council member Fay, seconded by Mayor Peterson to approve Resolution No. 2006-51 entitled a Resolution Adopting Assessment for Sewer Access Charges (SAC) and City Water Access Charges (WAC) to Lot 5, Block 1, Shoppes at Towne Lakes Two. Motion carried unanimously. ASSESSMENT OF DELINQUENT ACCOUNTS Finance Director Lannes presented a list of delinquent accounts for utilities, mowing and other bills to be assessed to various properties. Delinquent accounts will be certified to the 2007 taxes and collected via the property tax system. Lannes reported notification letters had been mailed to all affected parties. Mayor Peterson opened the Public Hearing and asked if anyone had any comments, which none were received. City Attorney Couri reported that the city had received a letter from Dean Johnson of Gold Key Homes objecting to the City's charge for mowing his lots in Prairie Run. City staff had written Mr. Johnson, notifying him that the City would be mowing his lot to mitigate the long weeds and grass in violation of the 2005 Albertville Municipal City Code. The letter stated that the city would not be mailing additional notices this season, and that Johnson was to maintain the M:\Public Data\City Council\Council Minutes\2006 Minutes\M 11-06-06 Lany's draft.doc City of Albertville City Council Minutes November 6, 2006 Page 5 of 8 property. Johnson's letter stated that the City should send a notice every time the grass and or weeds exceed the allowable length; therefore violating the 2005 Albertville Municipal City Code. City Attorney Couri stated that Johnson could take this issue to District Court to appeal the Council decision. No other comments were received. MOTION BY: Council member Fay, seconded by Mayor Peterson to Approve Resolution No. 2006-50 entitled a Resolution Certifying Uncollected Utility Bills and Outstanding Invoices to Wright County for Collection with the 2007 Real Estate Taxes. Motion carried unanimously. DEPARTMENT BUSINESS BUILDING DEPARTMENT Mayor Peterson acknowledged Building Official Sutherland's Written Monthly Update. LIQUOR COMPLIANCE CHECK Victor Lopez from Rancho Grande was in attendance and acknowledged the liquor violation and was very regretful that it happened. Mr. Lopez stated that he understood the situation and would insure measures were in place to make sure it would not happen again. MOTION BY Council member Vetsch, seconded by Council member Berning to fine the Rancho Grande a $500 first violation fine for failed alcohol compliance check conducted on October 17, 2006. Motion carried unanimously. PUBLIC WORKS — WASTEWATER TREATMENT DEPARTMENTS Mayor Peterson acknowledged the written Public Works Report and there were no questions. FINANCE DEPARTMENT Accounts Receivable Monthly Update Finance Director Lannes reviewed the Accounts Receivable Reports and Project Financing Report. Wireless Bridge Finance Director Lannes presented the Council with a Request for Council Action to install a wireless bridge connection going from City Hall to both the Fire Station and the Public Works Facility. This system will integrate the internet and phone systems into the City Hall system, thus creating a unified system. Lannes projects a 2.5 year payback on the system. MAPublic DataTity Council\Council Minutes\2006 Minutes\M 11-06-06 Larry's draft.doc City of Albertville City Council Minutes November 6, 2006 Page 6 of 8 MOTION BY Mayor Peterson, seconded by Council member Klecker to accept Cabling Services quote for a wireless bridge connection going from City Hall to both the Fire Hall and the Public Works Building at a cost not to exceed $9,000. Motion carried unanimously. PLANNING AND ZONING Planning and Zoning Commission recommendation to Appoint Denise Prow to fill the vacancy on the Planning and Zoning Commission City Planner Brixius reviewed the vacancy on the Planning and Zoning Commission and reported that the commission recommended appointing Ms. Denise Prow to fill the position. MOTION BY Council member Klecker, seconded by Council member Fay to approve Planning and Zoning Commission recommendation to Appoint Denise Prow to fill the vacancy on the Planning and Zoning Commission. Motion carried unanimously. Consider Re -appointing Sharon Leintz to the Albertville Planning and Zoning Commission City Planner Brixius reported that Ms. Sharon Leintz has given the City written notice to be re- appointed to the Planning and Zoning Commission. MOTION BY Council member Klecker, seconded by Council member Fay to approve re- appointing Sharon Leintz to the Albertville Planning and Zoning Commission. Motion carried unanimously. Engineering School Zone Speed Study Assistant City Engineer Nafstad informed the Council that a copy of the School Zone Speed Study is available at City Hall, should a council member elect to review further details of the study. MOTION BY Council member Klecker, seconded by Mayor Peterson to accept the Albertville School Speed Zone Study and to Proceed to work with the School on installation of a Reduced Speed Zone, No Parking and No Passing. Motion carried unanimously. LEGAL Kartson Cove 3rd Timeline Extension on Completion City Attorney Couri stated that the City received written notice to allow for an extension on the completion of the Karston Cove 3rd Addition. MOTION BY Council member Klecker, seconded by Council member Beming to approve Kartson Cove 3rd Timeline Extension moving the completion date to October 7, 2007. Motion carried unanimously. MAPublic Data\City Council\Council Minutes\2006 Minutes\M 11-06-06 Larry's draft.doc City of Albertville City Council Minutes November 6, 2006 Page 7of8 Albertville Retail Developer's Agreement City Attorney Couri reported that a copy of the Albertville Retail Developer's Agreement is available at City Hall, should a council member decide to review the further details of the agreement. MOTION BY Council member Berning, seconded by Council member Fay to approve Albertville Retail Developer's Agreement as on file in the Office of the City Clerk. Motion carried unanimously. Set a Public Hearing for vacation of cul-de-sac in Barthel Industrial Park City Attorney Couri asked the Council to set a date for a public hearing for vacation of the cul- de-sac in the Barthel Industrial Park Addition. MOTION BY Mayor Peterson, seconded by Council member Vetsch to set Monday, December 4, 2006 at 7:00 p.m. or as soon thereafter as a Public Hearing for vacation of the cul-de-sac within the Barthel Industrial Park Development. Motion carried unanimously. Set TIF Public Hearing date for Fraser City Attorney Couri informed the Council, in order to proceed with the Tax Increment Financing for the Fraser Steel Development a date needs to be set for a public hearing. MOTION BY Mayor Peterson, seconded by Council member Fay to set Monday, December 18, 2006 as a Public Hearing for Fraser Steel Tax Increment Financing (TIF). Motion carried unanimously. Administration Written Report City Administrator Kruse reviewed his written report and discussed various activities. Appoint two (2) Council members to meet with St. Michael representatives to discuss the Albert Villas Storm Water Proiect Mayor Peterson accepted Council member Berning and Vetsch, who volunteered to meet with St. Michael representatives to discuss the Albert Villas Storm Water Project and Edgewood with the request that they meet as soon as possible in hopes to incorporate the Albert Villas Stormwater Plans in with the High School Project which will be bid in early 2007. MAPublic Data\City Council\Council Minutes\2006 Minutes\M 11-06-06 Larry's draft.doc City of Albertville City Council Minutes November 6, 2006 Page 8 of 8 CLOSED SESSION Mayor Peterson closed the regular City Council meeting at 8:45 p.m. to discuss Gold Key Development vs. City of Albertville & T/C Homes vs. City of Albertville litigation. City Attorney Couri introduced Paul Reuvers and Jason Kuboushek of Iverson and Reuvers Law Firm. The City Council was updated on the status of the lawsuit. Mayor Peterson re -opened the regular City Council meeting at 9:15 p.m. Mayor Peterson closed the regular City Council meeting again at 9:20 p.m. to discuss litigation involving Edina Development's Albert Villas drainage problems. Mayor Peterson reconvened the regular City Council meeting at 9:50 p.m. MOTION BY Council member Berning, seconded by Mayor Peterson to retain Iverson and Reuvers Law Firm at an hourly rate to pursue litigation with Edina Development, Plow Engineering, S.E.H and relevant parties, regarding stormwater problems in Albertvillas and west into St. Michael. Motion carried unanimously. AMEND THE AGENDA MOTION BY Council member Klecker, seconded by Council member Vetsch to amend the agenda to add "Authorize City Engineer Bolton and Menk, Inc. to prepare Plans and Specification to bid the Albert Villas Stormwater Project". Motion carried unanimously. MOTION BY Council member Klecker, seconded by Council member Vetsch to authorize City Engineer Bolton and Menk, Inc. to prepare Plans and Specification to bid the Albert Villas Stormwater Project based on an hourly rate not to exceed $60,000. The goal would be to include the City stormwater project with the STMA High School Project. Motion carried unanimously. ADJOURNMENT MOTION BY Council member Vetsch, seconded by Council member Berning to adjourn at 10.00 p.m. Motion carried unanimously. Don Peterson, Mayor MAPublic Data\City Council\Council Minutes\2006 Minutes\M 11-06-06 Larry's draft.doc Albertville City Council Regular Meeting November 6, 2006 Please sign in Print Name Address city Z41- tc, w wzaw fAIST'�IV-eZ -4PJIO 140 L, G. ,/V !!5T jpn//v zelw J-7 -e M:\Public Data\City Council\2006 City Council Attendance.doc