2007-05-07 CC Minutes
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ALBERTVILLE CITY COUNCIL
May 7, 2007
MINUTES
Albertville City Hall
7:00 PM
PRESENT: Mayor Ron Klecker, Council members Dan Wagner, John Vetsch, LeRoy Berning,
and Tom Fay, City Planner Al Brixius, Assistant City Engineer Adam Nafstad, City Attorney
Mike Couri, City Administrator Larry Kruse, Finance Director Tina Lannes, Building Official
Jon Sutherland, Wastewater Treatment Plant Superintendent John Middendorf, Public Works
Supervisor Tim Guimont, City Attorney Jason Kuboushek and City Attorney Paul Reuvers,
City's representatives on the Gold Key Litigation, Jennifer Thienes and Amy Stahlback KDV
Auditors, and City Clerk Bridget Miller
ABSENT: none
Mayor Klecker 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 Wagner, seconded by Council member Berning to approve the
agenda as amended:
Placing items listed below for Council approval following the 2006 Audit presentation by KDV:
5.D. Approve Resolution No. 2007-xx entitled a Resolution Transfer Funds
5.E. Approve Resolution No. 2007-xx entitled a Resolution Designate WAC Funds
5.F. Approve Resolution No. 2007-xx entitled a Resolution Designate General Funds
5.G. Approve Resolution No. 2007-xx entitled a Resolution Closing Certain Funds
5.H. Approve Resolution No. 2007-xx entitled a Resolution Amending the Official
Depositories
Adding:
5.1. Approve Application for Exempt Permit for the STMA Blue Line Hockey Booster
Club to sell Raffle Tickets during Albertville Friendly City Days.
Motion carried unanimously.
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City of Albertville
City Council Minutes
May 7, 2007
Page 2 of 13
MINUTES
MOTION BY Council member Fay, seconded by Mayor Klecker to approve the Monday,
April 16, 2007 regular City Council minutes as presented, and on file in the office of the City
Clerk. Motion carried unanimously.
MOTION BY Council member Berning, seconded by Mayor Klecker to approve the Monday,
April 23, 2007 Special City Council minutes (approval of One-day 3.2% Malt Liquor License) as
presented, and on file in the office of the City Clerk. Motion carried unanimously.
MOTION BY Council member Vetsch, seconded by Council member Fay to approve the
Monday, April 23, 2007 Special City Council minutes (Albert Villas public hearing) as
presented, and on file in the office of the City Clerk. Motion carried unanimously.
CITIZEN FORUM
Mayor Klecker asked if there was anyone present that wanted to speak to the Council regarding
an issue that was not on the agenda.
The residents that were present during the Citizen Forum did not have any issue or concern to
discuss with the Council.
CONSENT AGENDA
MOTION BY Council member Vetsch, seconded by Mayor Klecker to approve the consent
agenda pulling check number 024207.
A. Approve payment of claims check numbers 024189 to 024252
B. Set Monday, June 18,2007 at 7:00 p.m. or soon thereafter as a continued Public
Hearing for Fraser Steel Tax Increment Financing (TIF) District 13, which was
originally set for Monday, June 4, 2007
C. Set Monday, May 21, 2007 at 7:00 p.m. or soon thereafter as a Public Hearing for the
Issuance of Revenue Refunding Bonds Under Minnesota Statutes, Chapter 462C, as
amended to Refinance a Multi-Family Rental Housing Development and Finance
Additional Improvements to the Multi-Family Rental Housing Development
Motion carried unanimously.
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City Council Minutes
May 7, 2007
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ACTION ON PULLED CONSENT ITEMS
Check number(s) 024207
Council questioned the check to Dascom as to whether the work was included in the City Hall
construction or if this was separate.
Finance Director Lannes informed the Council this was part if the original bid for the Council
Chamber cabling/network.
MOTION BY Council member Berning, seconded by Mayor Klecker to approve check number
024207 in the amount of$23,632.35 payable to Dascom for installation, engineering, network
for the new City Hall Council Chamber. Motion carried unanimously.
2006 AUDIT - Kern. DeWenter. Viere (KDV)
Jennifer Thienes with Kern, DeWenter, Viere (KDV) brought to the Council's attention there
were two items included in the Council packet. There should have been a Management Letter
and an Audited Financial Statements. Thienes went on to report that KDV has audited the
accompanying financial statements of the governmental activities, business-type activities, each
major fund and the aggregate remaining fund information of the City of Albertville as of and for
the year-ended December 31, 2006. These financial statements are the responsibility of the
City's management. KDV's responsibility is to express opinions on these financial statements
based on our audit.
Thienes stated that KDV conducted the audit in accordance with U.S. generally accepted
auditing standards and the standards applicable to financial audits contained in Government
Auditing Standards, issued by the Comptroller General of the United States. Thienes went on to
explain that the bar has been raised for these Government Auditing Standards. Even though the
procedures with the Albertville staffhave changed over the past two-years with internal control
accounting, there is a significant deficiency in the area of control deficiency, or combination of
control deficiencies, that adversely affects the City's ability to initiate, authorize, record, process
or report financial data reliably in accordance with U.S. generally accepted accounting principles
such that there is more than a remote likelihood that a misstatement of the City's financial
statements that is more than inconsequential will not be prevented or detected by the City's
internal control.
Thienes reviewed with the Council the Material Weaknesses report that can be found on page 6,
as well as the Significant Deficiencies report that is found on page 7, and the Control
Deficiencies report found on page 9, all of these reports are in the Management Letter. Thienes
recommended that staff could contract out with an accounting firm to accomplish some of the
tasks noted in these reports.
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City Council Minutes
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Amy Stahlback with KDV reviewed the financial graphs, which can be found on pages 11-20
within the Management Letter. Stahlback touched briefly on the General Fund revenues noting
there was an increase from 2005 to 2006, which was primarily a result in an increase in levy.
There was a decrease in licenses, permits, and a decline in development activity in 2006, which
affects General Fund revenues. Stahlback went on to explain that expenditures increased from
2005 to 2006, which is due to the purchase of a new fire truck as well as increased projects in the
public works department account for the increase in expenditures. Stahlback summarized that
overall, expenditures exceeded revenues and net transfers out in 2006, resulting in a decrease in
fund balance.
Mayor Klecker asked the members of the Council if they had any questions for the auditors.
Council member Vetsch asked about the five (5) bullets found on page 7 of the Management
Letter pertaining to segregated duties inquiring how many employees would be needed to meet
the necessary acquirements.
City Administrator Kruse commented stating that other municipalities, as well as Albertville,
have had the ability to handle the finances in the past. With the GASB 34 implementation and
additional Accounting changes, they are experiencing difficulty meeting the new Accounting
Standards. Kruse went on to explain that the other municipalities are considering the potential of
hiring an accounting firm or additional staff.
Council member Berning inquired who the Board is that is making the changes.
Thienes reported the board is known as the Government Accounting Standards Board; otherwise
known as GASB 34, which follows the rules and guidelines of Government Accounting
Principles (GAP). Thienes brought to the Council's attention that there is a group known as the
Government Finance Officers Association (GFOA) that has come to the conclusion regarding the
detailed accounting standards and has written a letter to the State asking them to stop with the
additional GASB 34 reporting needs.
Additional discussion ensued regarding the Audit and the GASB 34 reporting to the GAP.
DEPARTMENT BUSINESS
PUBLIC WORKS DEPARTMENT
General Dodate
Public Works Supervisor Guimont reported that the crack filling for the 2007 Season has been
completed successfully. Staff held off on the joint purchase with the City of St. Michael on a
router. Other factors came up and the City of St. Michael decided against the purchase.
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The ballfields are ready for the 2007 Softball or Baseball season. Staff continues to stay busy
with mowing and or maintenance throughout the City.
Reauest for Council Action to install fencinl2: alonl2: the west side of the soccer field at Linwood
Park
Public Works Supervisor Guimont reported that the Parks and Recreation Committee
recommend installing a 4-foot high chain link fence along the Linwood Avenue NE street way of
Linwood Park. It was brought to a Parks Committee member's attention that the balls roll out
into the street and the residents would like to prevent an accident.
MOTION BY Council member Berning, seconded by Council member Vetsch to approve the
Request for Council Action for Countryside Fence to install 270' of hunter green chain link
fencing along the west side of the soccer field located at Linwood Park at a cost not to exceed
$2,970 using funds from Parks Department Account. Motion carried unanimously.
WASTEWATER TREATMENT PLANT
Reauest for Council Action to Dlant Reed Beds in Number 7
Wastewater Treatment Plant Superintendent Middendorf began by informing the Council that the
City has been receiving a number of complaints regarding the foul odor coming from the Reed
Beds. Middendorf hopes that the Reed Beds fill-out in 2007, which should take care of the odor
in Spring 2008.
Middendorfwent on to report that the City has planted six (6) of the seven Reed Beds. Reed
Beds Systems planted the previous beds, which appear to be growing well. Reed Beds Systems
did not give a quote on Option B, because Reed Beds was not interested in Option B.
MOTION BY Council member Berning, seconded by Council member Fay to approve the
Request for Council Action to accept the quote from Reed Bed Systems, Inc. to install Reed Bed
Number 7, provide the City with plant care instructions, follow-up with site visits, replace failing
plant at a cost not to exceed $4,000, using funds from the Wastewater Fund-Sludge Removal
Account. Motion carried unanimously.
BUILDING DEPARTMENT
ReDort on 2007 Buildinl2: Permit Revenue Projection
Building Official Sutherland reviewed the memo and reports that were included in the Council
packet stating that the permit revenue appears to be low because of the considerable amount of
foreclosure activity within Albertville and other communities.
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Sutherland brought to Council's attention that in 2003 and 2005 permit activity was high due to
storm damage repair. Sutherland reported that the Year-to-Date permits issued are 156 at a
valuation total of$2,261,301. Sutherland's 2007 Permit Revenue best estimate is $375,000, but
permit activity has slowed down; therefore the projections are down.
Mayor Klecker wanted to inform the Council and others that the City received a letter thanking
Mr. Sutherland, Ms. Leonhardt, and the Albertville Fire Department for bringing it to the
attention of the appropriate authority the gas potential at a new residential construction site
within the Albertville city limits.
Sutherland noted that there are a number of other new residential permits that have been pulled
in 2006, which the basements or foundations have been constructed. There has been no further
building activity on these homes, which could be a safety concern of the City's. Staff has taken
the initiative to notify the owner or builder to put a snow fence in place to prevent a potential
accident.
FINANCE DEPARTMENT
Action Taken on Post Audit Resolutions
5.D. Approve Resolution No. 2007-xx entitled a Resolution Transfer Funds
5.E. Approve Resolution No. 2007-xx entitled a Resolution Designate WAC Funds
5.F. Approve Resolution No. 2007-xx entitled a Resolution Designate General Funds
5.G. Approve Resolution No. 2007-xx entitled a Resolution Closing Certain Funds
5.H. Approve Resolution No. 2007-xx entitled a Resolution Amending the Official
Depositories
MOTION BY Council member Fay, seconded by Council member Wagner to approve
Resolution No. 2007-xx entitled a Resolution Transfer Funds, Resolution No. 2007-xx entitled a
Resolution Designate WAC Funds, Resolution No. 2007-xx entitled a Resolution Designate
General Funds, Resolution No. 2007-xx entitled a Resolution Closing Certain Funds, amending
Resolution No. 2007-xx entitled a Resolution Amending the Official Depositories to include
Lake Community Bank of Albertville, and on file in the office of the City Clerk. Motion carried
unanimously.
Accounts Receivable Uodate - Proiect Status Uodate - Develooment Uodate
Finance Director Lannes informed the Council that total accounts receivable for April 2007 is
$55,661.92. The majority of90 days outstanding are due from Shoppes at Towne Lakes, the
litigations with Edina Development and Gold Key, and other miscellaneous accounts, which will
be assessed, if necessary, in November 2007 if payment is not received.
Lannes asked if the Council had any questions or concerns regarding the Project Update.
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Hearing no questions or concerns, Lannes went on to report on the Developer Fees per Council
request. Staff was to project revenues expected by year end 2007 for Development fees. Lannes
expected $108,500 for revenue for 2007 known projects.
Set dates for 2008 BudlZet W orkshoo meetinlZs
Finance Director Lannes asked the Council if they would set the dates of July 30, 2007 as the
first City Council Budget Workshop, if necessary set August 13,2007 as a second date to
continue any discussion on the 2008 Budget.
Council member Berning noted that July 30, 2007 was set for a joint STMA School and City of
St. Michael meeting.
City Clerk Miller informed the Council that it was brought to the attention the STMA School is
not in session; therefore the School would not be in attendance.
MOTION BY Council member Berning, seconded by Council member Vetsch to set the
following dates of Monday, July 30, 2007 at 6:00 p.m., continued on Monday, August 13,2007
at 6:00 p.m. for the 2008 Budget Workshop meetings that will be held at City Hall. Motion
carried unanimously.
Council member Vetsch stated that he would like to review the health insurance and other
employee related benefits during the Budget workshops.
City Clerk
City Clerk Miller did not have items to report on during the meeting.
PLANNING AND ZONING
City Planner Brixius did not have items to report on during the meeting.
ENGINEERING
Aoorove Resolution No. 2007-xx entitled a Resolution AoorovinlZ the Winter Park Lavout
Assistant City Engineer Nafstad reported that in January 2007 Bolton & Menk, Inc. consultants
prepared plans and specifications for the Winter Park municipal improvements. Staff is looking
for Council approval for the proposed Winter Park and Ordering Advertisement for bids.
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Assistant City Engineer Nafstad brought to Council's attention that within the parking lot there
were a couple of bump outs for landscaping.
Council members would like the bump outs to be removed to minimize the amount of time staff
would spend removing snow.
After further discussion, Council wanted to consider removal of the sidewalk that runs east -
west along the south side of the parking lot, that abuts Winter Park.
Assistant City Engineer Nafstad wanted to make sure that Council knew that items not included
in the park are playground equipment, fencing, and trees.
MOTION BY Council member Wagner, seconded by Council member Fay to approve
Resolution No. 2007-xx entitled a Resolution Approving the Winter Park Layout with the City
Council recommendations, which includes all alternates for flexibility of the park layout.
Motion carried unanimously.
LEGAL
Set a date for a Public Hearin2: for an Easement on MacKenzie Avenue NE located within the
Barthel Industrial Addition
City Attorney Couri asked Council to set a date for a Public Hearing for a Vacation of Easements
on MacKenzie Avenue NE located within the Barthel Industrial Park Addition. The easements
needed to vacate are those along the cul-de-sac.
MOTION BY Council member Fay, seconded by Council member Wagner to approve to set
Monday, June 4,2007 at 7:00 p.m. or soon thereafter to hold a Public Hearing at the City Hall to
vacate the easements on MacKenzie Avenue NE located within the Barthel Industrial Addition.
Motion carried unanimously.
Anorove Resolution No. 2007-xx entitled a Resolution Orderine: Stormwater Pondine:
Imorovement
City Attorney Couri reported that City Council has received and approved the
Stormwater Ponding Feasibility Study for the construction of the Stormwater retention
pond designed to alleviate flooding in the Albert Villas subdivision. Staff is looking for
Council approval on Resolution No. 2007-xx, which is a Resolution Ordering the
Stormwater Ponding Improvement.
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MOTION BY Council member Wagner, seconded by Mayor Klecker to approve Resolution
2007-xx entitled a Resolution Ordering the Stormwater Ponding Improvement within the
St. Michael city limits. Motion carried unanimously.
Aoorove Resolution No. 2007-xx entitled a Resolution Declarilll:! the Official Intent of
the Citv of Albertville to Reimburse Certain EXDenditures from the Proceeds of Bonds to
be Issued bv the Citv
City Attorney Couri informed the Council the next Resolution for review is a resolution
declaring the official intent of the City of Albertville to reimburse certain expenditures
from the proceeds of bonds to be issued by the City. Couri went on to state providing
that proceeds of tax-exempt bonds used to reimburse prior expenditures will not be
deemed spent unless certain requirements are met; and the City expects to incur certain
expenditures, which may be financed temporarily from sources other than bonds, and
reimbursed from the proceeds of a bond.
MOTION BY Council member Wagner, seconded by Council member Berning to approve
~esolution No. 2007-xx entitled a Resolution Declaring the Official Intent of the City of
Albertville to Reimburse Certain Expenditures from the Proceeds of Bonds to be Issued by the
City. Motion carried unanimously.
Aoorove Resolution No. 2007-xx entitled a Resolution ADorovinl! the Stormwater
Pondinl! Al!reement between the Citv of Albertville and the Citv of St. Michael and
Stormwater Pondinl! Al!reement
City Attorney Couri informed the Council the next resolution for approval deals with
approving the Stormwater Ponding Improvement Agreement. Couri reviewed with the
Council that they have approved and ordered a project for the construction of a
Stormwater retention pond located within the St. Michael city limits, which is designed to
alleviate flooding in the Albert Villas subdivision. The City of St. Michael requires the
City of Albertville to enter into an agreement related to said Stormwater ponding as a
condition of the issuance of a conditional use permit for the pond. The City of
Albertville has reached an agreement with the Independent School District 885 (ISD 885)
regarding the construction of the Stormwater Ponding Improvement.
Couri briefly reviewed the Stormwater Ponding Agreement between the City of
Albertville and the City of 8t. Michael. Couri noted the agreement summarizes the
previous negotiations that Albertville and St. Michael had prior to the Official
Stormwater Ponding Agreement.
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Council discussed Item E. of the Pond agreement dealing with the maintenance of the
Pond by removing the accumulated sediment at least once every ten years, which will be
maintained by the City of Albertville. Council inquired the location and length of the
road that would be constructed for better access to maintain the pond property.
There was further discussion between the Council and staff regarding Item G. of the
agreement, which mainly dealt with the costs associated with the construction and or re-
construction of the Stormwater Pond and allowing the Pond property to be specially
assessed.
MOTION BY Council member Fay, seconded by Council member Wagner to approve
Resolution No. 2007-xx entitled a Resolution Approving the Stormwater Ponding
Agreement contingent upon the St. Michael City Council approval on the Conditional
Use Permit, which is scheduled for approval on the May 8, 2007 by the St. Michael City
Council. Motion carried unanimously.
Aoorove Resolution No. 2007-xx entitled a Resolution Acceotin2: Alternate Bid
City Attorney Couri stated the next resolution for Council approval deals with accepting
the alternate bid. The resolution authorizes and requests ISD 885 to accept the alternate
bid no. I ofFrattalone Construction in the amount of$157,000, contingent upon the City
of St. Michael and the City of Albertville executing that certain agreement titled "City of
Albertville - City of St. Michael - Stormwater Ponding Agreement".
MOTION BY Council member Wagner, seconded by Council member Berning to approve
Resolution No. 2007-xx entitled a Resolution Accepting the STMA School District's
Alternate Bid for the Stormwater Ponding Improvement contingent upon the St. Michael
City Council approval on the Conditional Use Permit submitted by the City of
Albertville, which is scheduled for approval on the May 8, 2007 by the St. Michael City
Council. Motion carried unanimously.
Aoorove the Exercise Ootion to Purchase Prooertv from ISD 885 Pursuant to Aori119.
2006 Ootion A2:reement
City Attorney Couri reviewed the last resolution regarding the Stormwater Ponding
Improvement Project. The resolution is informing that Albertville's City Council hereby
authorized Albertville City staff to exercise the City's option to purchase property in fee
simple estate from ISD 885 pursuant to that certain agreement titled "Option and Utility
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Services Agreement Between City of Albertville and Independent School District 885"
dated April 19,2006, contingent upon the City of St. Michael and the City of Albertville
executing that certain agreement titled "City of Albertville - City of St. Michael -
Stormwater Ponding Agreement" as approved by the Albertville City Council.
MOTION BY Council member Wagner, seconded by Mayor Klecker to approve the Exercise
Option to Purchase Property from ISD 885 Pursuant to April 19, 2006 Option Agreement
contingent upon the St. Michael City Council approval on the Project Plans, which is
scheduled on the May 8, 2007 St. Michael City Council agenda. Motion carried
unanimously.
CLOSED SESSION (Update on Gold Key - Prairie Run Litigation)
MOTION BY Council member Wagner, seconded by Mayor Klecker to close the regular City
Council meeting at 9:10 p.m. to go into a closed session to discuss the Gold Key-Prairie Run
Litigation. Motion carried unanimously.
MOTION BY Council member Berning, seconded by Council member Fay to reconvene the
regular City Council meeting at 10:00 p.m. Motion carried unanimously.
ADMINISTRATION
Written Reoort
City Administrator Kruse reviewed the general update with the City Council informing the
Council that most of the City Hall punch list items have bee completed. Kruse went on to inform
the Council that the rental of the various rooms is getting very busy. Kruse briefly touched on
the other items in the report, which included the Railroad Property, rental ofthe 5975 Main
Avenue NE City building and allowing FYCC the use of office space at 5964 Main Avenue NE.
Council discussed with staff as to how much the City is charging non-profit organizations.
Staff reported non-profit organizations are allowed one-free meeting a month, additional usage
would be 50% of the normal residential rate for the room rented.
Following the discussion on non-profit room rental procedures, Council directed staff to place a
sign on the old Public Works/Building Department facility advertising to lease.
It was the consensus of the Council to allow the non-profit groups to have one-free room rental
on a larger room(s) and an additional three (3) times in the conference rooms per month.
Last item Kruse wanted to discuss was setting a City Council workshop to review Employee
Performance Reviews along with consultant evaluations.
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Council set the date of Tuesday, May 29,2007 beginning at 7:00 p.m. as a City Council
Workshop to review Employee Performance Reviews and to conduct Consultant Evaluations.
Mayor Klecker brought to staffs attention the May Joint Powers Water Board meeting was re-
scheduled to Wednesday, May 30, due to the fact that the regular fourth Monday is a Holiday.
CSAH 19 NORTH
There was discussion on the fact that a Developer would like access to CSAH 19 from 68th Street
NE within the Shoppes at Towne Lakes subdivision. It was noted that the only way to obtain
access would be to install a raised median, which is estimated to cost $500,000. Assistant City
Engineer Nafstad felt that as an interim proposal is not cost-effective.
Assistant City Engineer Nafstad will prepare a CSAH 19 North proposal to update an earlier
feasibility study regarding the consideration of an interim raised median and/or a long-term
improvement for CSAH 19 from 6ih Street NE to 70th Street NE at no charge.
Downtown Parking: Proiect Soil Boring:s
City Administrator Kruse reported that in April 2007 the City finalized the purchase ofthree (3)
parcels of railroad land abutting Main Avenue NE. Since the purchase, staff has been working
with Deb Holms, owner of the 152 Club, and Curt Gentile, owner of Geez Sports Bar, on a land
swap that would benefit them and other downtown business owners as well. Staff is looking for
Council to authorize staff to contract with Braun to complete soil borings for the Downtown
Parking lot at a cost not to exceed $5,000, which Council member Vetsch suggested at a previous
Council meeting.
MOTION BY Council member Wagner, seconded by Mayor Klecker to authorize staff to
contract with Braun to complete soil borings for the Downtown Parking lot at an estimated cost
not to exceed $5,000 with funds being capitalized into the final Downtown Parking Lot Project.
Motion carried unanimously.
Downtown Parking: Proiect Land Aooraisals
City Administrator Kruse informed the Council along with the land swap with the 152 Club and
Geez Sports Bar, the two business owners wanted appraisals done to determine a fair and
equitable land exchange. Staff is looking for Council to authorize staff to contract with BKR W
Appraisals to appraise the land exchange for the Downtown Parking lot with a cost not to exceed
$4,000.
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City Council Minutes
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MOTION BY Council member Wagner, seconded by Mayor Klecker to authorize staff to
contract with BKR W Appraisals to appraise the land exchange for the Downtown Parking lot at
an estimated cost not to exceed $4,000 with funds being capitalized into the final Downtown
Parking Lot Project. Mayor Klecker, Council members Wagner, Berning, and Fay voting aye.
Council member Vetsch opposed.
ADJOURNMENT
MOTION BY Council member Fay, seconded by Council member Berning made at 11 :20 p.m.
to continue the regular May 7, 2007 City Council meeting to Wednesday, May 9,2007 to begin
at 6:00 p.m. or soon thereafter. Motion carried unanimously.
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Ron Klecker, Mayor
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Briaget Millev, City Clerk
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Albertville City Council
May 7, 2007 Attendance
Page 1
PRINT Name Address City Speak - Citizen Forum
- issue or concern
Jane Doe 1325 Any Street N E Albertville Cars speeding
John Smith 1295 Your Street NE Albertville No
John Doe-Smith 1490 My Street N E Albertville Noise issue
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M:\Public Data\City Council\2007 Public Hearing Attendance.doc
Albertville Board of Review
May 8, 2007
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Address
Jane Doe
1325 Any Street NE
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