2007-07-02 CC Minutes
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ALBERTVILLE CITY COUNCIL
July 2, 2007
MINUTES
Albertville City Hall
7:00 PM
PRESENT: Mayor Ron Klecker, Council members Dan Wagner, John Vetsch, LeRoy Berning,
and Tom Fay, Assistant City Engineer Adam Nafstad, City Attorney Mike Couri, City
Administrator Larry Kruse, Finance Director Tina Lannes, Fire Chief Tate Mills, and City Clerk
Bridget Miller
ABSENT: City Planner Al Brixius
OTHERS PRESENT: Paul Donna, Northland Securities
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 adding the following items:
Adding:
10. E. 2. Flood Mitigation Update
10. I. 2. Recap of the Highlights from June 25,2007 Workshop
Motion carried unanimously.
MINUTES
MOTION BY Council member Vetsch, seconded by Council member Fay to approve the
Monday, June 18,2007 regular City Council minutes 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.
There was no one in the audience that had issues or concerns that were not on the agenda.
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CONSENT AGENDA
MOTION BY Council member Fay, seconded by Mayor Klecker to approve the consent agenda
pulling checks 024417, 024453, 24458, 24464, 24465, and 24481.
A. Approve payment of claims check numbers 024417, 024447 to 02486
Motion carried unanimously.
ACTION ON PULLED CONSENT ITEMS
Check No. 024417. 024452. 024453. 024458. 024464. 024465. and 024481
MOTION BY Council member Berning, seconded by Council member Wagner to approve
check number 024417 in the amount of $655.51 to Red's Portable Toilets for repair to hand
sanitizers; check number 024425 in the amount of$39,540.00 to Bolton & Menk, Inc. for
engineering services with the line item pertaining to Coborn's SAC and WAC noting that the
pharmacy went to a Now Care type of service; check number 024453 in the amount of $401.78
to Carquest for repairs to vehicle that staff are unable to handle; check number 024458 in the
amount of $450.00 to Dennis Fehn Gravel & Excavating for a fire call where it involved
railroad ties; check number 24464 in the amount of $131.84 to FTTH Communications for the
wireless service in which the request was submitted and is effective July 1,2007; check number
024465 in the amount of $53.25 to Guimonts Lawn & Landscape for a weed notice where the
employee noticed the grass was lengthy and the employee took care of by mowing the lawn, and;
check number 024481 in the amount of $537.00 to St. Michael Fire & Rescue for a fire call
where it involved railroad ties, and on file in the office of the City Clerk. Motion carried
unanimously.
PRESENTATION OF LACHMAN AVENUE NE IMPROVEMENT
(also known as Barthel Commercial2Dd Addition)
REVIEW BOLTON & MENK, INC. ASSISTANT CITY ENGINEER'S LETTER; REVIEW BOLTON &
MENK, INC. ASSISTANT CITY ENGINEER'S COST ESTIMATE; REVIEW BOLTON & MENK, INC.
ASSISTANT CITY ENGINEER'S COST ApPORTIONMENT; ApPROVE RESOLUTION No. 2007-xx
ENTITLED A RESOLUTION ACCEPTING THE FEASIBILITY STUDY FOR LACHMAN AVENUE NE
IMPROVEMENTS
Assistant City Engineer Nafstad reported that Lachman Avenue NE Feasibility Study that was
originally presented in June 2005 has since been expanded to include a cost apportionment
option based on the estimated project costs to date totaling $540,000. As a majority of the
Council is aware, the extensions of the roadway have been proposed for a couple of years. Staff
has not had discussions with the Barthels prior to the June 2005 Feasibility Study. Council
directed staff to contact the Barthels, as well as conduct additional research on the land.
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Staff has met several times with the Barthels discussing the extension of Lachman Avenue NE.
Staff also has conducted soil borings and a wetland study of the area to ensure aPEropriate
placement of the road connection from the LaBeaux Station Addition north to 60 Street NE.
One of the reasons the City is considering the connection is based on an additional access from
the STMA Ice Arena and Don's Bus Garage. Over the past couple of years, there is more traffic
along CSAH 19 and CSAH 37, which has made it more difficult to access CSAH 19 or CSAH
37.
Nafstad informed the Council that with additional work with revised plans of the site the
estimated cost was $380,000. The revised cost is approximately $372,975.
The northern portion of Outlot A is wetland and potentially would be developed in the future in
conjunction with the abutting plat, which would potentially vacate 60th Street NE.
There will be on-site mitigation that will be located on-site; as well as off-site mitigation that will
require working with Wright County and the State offices to locate an area off-site for wetland
mitigation.
The cost apportionment proposes to assess the LaBeaux Station Addition, which is the
development located to the south. The balance of the project cost apportionment will be assessed
to the Barthel property.
Staff continues to work with the Technical Evaluation Panel (TEP) in an effort to obtain a
wetland impact permit, which it anticipates receipt of the permit in August 2007. Staff is
optimistic that a permit will be issued Fall of 2007 knowing that the TEP may oppose the
wetland impact decision on the project.
Staff is recommending Council approval of the Lachman Avenue NE (Barthel Commercial 2nd
Addition) Feasibility Study, Order the Improvement, Plans and Specifications as required by
Minnesota Statute Chapter 429, provided the funding option is found acceptable.
Nafstad stated that the total Project Cost is estimated at $539,846, which would include the cost
apportionment, wetland credits, Right-of-Way, and location of the off-site mitigation.
City Attorney Couri reported that there is a Developer's Agreement for LaBeaux Station
Addition, which has a clause stating the developer would pay $93,000 towards the proposed
project.
Council member Berning inquired about the pond and off-site mitigation.
City Attorney Couri noted that with the LaBeaux Station Addition the developer constructed or
expanded the pond; therefore, the need for additional ponding would not be necessary.
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Council member Vetsch asked about Outlot B, which appeared to be a lot of wetland.
Staff confirmed that Outlot B is all wetland. To the best of staff s knowledge there would not be
any building built upon Outlot B. Also, there is no possibility of off-site mitigation for the
wetland.
There was additional discussion between the Council and staff regarding the wetland that is
located on the site. Staff basically explained that some of the wetland does not meet the higher
standards, according to the wetland regulations.
The question was brought up in regards to the soil borings that were done.
Staff noted that LaBeaux Station Addition developers were asked by the County to conduct a
number of soil borings above and beyond those requested by the City. There were a total of six
(6) soil borings that were done on LaBeaux Station Addition.
Council brought up the noticeable amount of dirt located on the site and questioned where it
came from.
jason Barthel shared the information that the noticeable amount of dirt came from the STMA Ice
Arena site.
MOTION BY Council member Berning, seconded by Council member Fay to approve
Resolution No. 2007-xx entitled a Resolution Accepting the Feasibility Study for Lachman
Avenue NE Improvements; the Assistant City Engineers' Letter; Assistant City Engineer's Cost
Estimate; Assistant City Engineer's Cost Apportionment; and on file in the office of the City
Clerk. Motion carried unanimously.
PUBLIC HEARING FOR LACHMAN AVENUE NE IMPROVEMENTS
ApPROVE RESOLUTION No. 2007-xx ENTITLED A RESOLUTION ORDERING THE LACHMAN
AVENUE NE IMPROVEMENT; ApPROVE RESOLUTION No. 2007-xx ENTITLED A RESOLUTION
ACCEPTING THE PLANS AND SPECIFICATIONS FOR LACHMAN AVENUE NE
Mayor Klecker opened the public hearing at 7:39 p.m.
City Attorney Couri explained that if the Council wants to proceed with the Lachman Avenue
NE Improvements the staff needs approval on the two (2) resolutions that are included in the
packet; resolution Ordering the Improvement and resolution Accepting the Plans and
Specifications.
Couri noted that the Barthels were present and should be allowed to speak on the Lachman
Avenue NE Improvement prior to the approval of the resolutions.
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Mayor Klecker asked if there was anyone present to speak on the Lachman Avenue NE
Improvement proposal that is before the City Council.
Don Barthel ofDon's Bus Garage informed the Council that the extension of Lachman Avenue
NE is a matter of safety. The bus service accesses CSAH 37 to get the school buses out, since
the County has limited the access to CSAH 19. Accessing either CSAH 19 or CSAH 37 has
become more difficult with the increased amount of traffic within Albertville. The Bus Garage
gets a number of phone calls from the residents and the school wondering where the school bus
IS.
Albert Barthel ofOtsego and employee at Don's Bus Garage added that it also has to deal with
the STMA Ice Arena and the safety of the kids going to and from the establishment.
Mayor Klecker closed the public hearing at 7:46 p.m.
MOTION BY Council member Wagner, seconded by Council member Fay to approve
Resolution No. 2007-xx entitled a Resolution Ordering the Lachman Avenue NE Improvement,
and on file in the office of the City Clerk. Motion carried unanimously.
MOTION BY Council member Vetsch, seconded by Council member Berning to approve
Resolution No. 2007-xx entitled a Resolution Accepting the Plans and Specifications for
Lachman Avenue NE, and on file in the office of the City Clerk. Motion carried unanimously.
Following the approval of the resolutions, Council inquired as to whether an assessment
agreement would be drafted.
City Attorney Couri replied stating that no assessment agreement has been drafted at this point.
Couri went on noting that staff recommends waiting until after the bids were opened to calculate
the assessments. Staff could draft the assessment agreements and have the parties agree to the
proposed assessment; therefore, waiving the right to appeal the assessment.
ADOPT RESOLUTION NO. 2007-xx ENTITLED A RESOLUTION FOR SALE OF
BONDS
Mayor Klecker asked Paul Donna from Northland Securities to present the Sale of Bonds.
Paul Donna of Northland Securities reviewed the Finance Plan Summary with the Council pointing
out several areas within the document.
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Donna noted that the Bonds will be issued pursuant to Minnesota State Statutes 475 and 429 to fund
various public improvement projects within the City including CSAH 19, Lachman Avenue NE,
52nd Street NE, and the Stormwater Detention Ponds.
The City's total combined cost of the above projects is estimated at $4,281,901. The net financing
requirement is $4,115,000, which is inclusive of all financing costs. The Bonds would be based on
an estimated fifteen year debt service structure, which is demonstrated in Exhibit A of the Financial
Plan Summary. Donna went on to explain that the total principle and interest structure assumes a
current average market interest rate of 4.33% and is structured to achieve a level annual payment.
Donna brought to the Council's attention the time table, noting that the advertising accepting the
bids, scheduling of the opening of the bids, and Council's consideration and approval of the bids is a
rather tight schedule. What this means, is that staff would have a short amount of time to make
minor adjustments to the numbers.
There was discussion and concern regarding the Sale of Bonds, especially dealing with Lachman
Avenue NE. The concern is what if the land is never developed and how the City would collect the
deferred assessments.
The City would collect the assessments when the land develops, but that is the risk the City takes.
MOTION BY Council member Fay, seconded by Council member Wagner to approve
Resolution No. 2007-44 entitled a Resolution for Sale of Bonds, and on file in the office ofthe
City Clerk. Motion carried unanimously.
MOTION BY Council member Wagner, seconded by Council member Berning to approve
Financial Advisory Agreement prepared by Northland Securities, and on file in the office of the
City Clerk. Motion carried unanimously.
DEPARTMENT BUSINESS
PUBLIC WORKS DEPARTMENT
Public Works and Parks Maintenance
Public Works Supervisor Guimont was not present, but did submit an update for the Council's
reVIew.
Reauest for Council Action for Lift Station - Wastewater Treatment Plant
Wastewater Treatment Plant Superintendent Middendorf submitted a request for an upgrade of
the Southwest and Albert Villas lift stations. It is noted that having the ability to monitor the
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conditions of each lift station, such as wet well levels and pump run times, will improve system
management.
Staff received two quotes one (1) from Instrument Control Systems, Inc. in the amount of
$17,100 and one (1) from Sweeney Control Company in the amount of$17,750. Staffis
recommending accepting the low quote from Instrument Control Systems, Inc.
MOTION BY Council member Wagner, seconded by Council member Vetsch to authorize staff
to accept the low quote submitted by ICS, Inc., and the upgrade of the two lift stations at a cost
not to exceed $17,100 with SAC fees received from the new elementary and high school being
used to fund the upgrade, and on file in the office of the City Clerk. Motion carried
unanimously.
BUILDING DEPARTMENT
Building Official Sutherland had nothing to report on for this meeting.
FINANCE DEPARTMENT
Accounts Receivable Uodate
Finance Director Lannes asked if the Council had any questions or concerns regarding the
Accounts Receivable Update.
Council had no comments regarding the Accounts Receivable Update.
Proiect Status Uodate
Finance Director Lannes again inquired if the Council had any questions regarding the Project
Update that was included in the Council packet.
There were no comments from the Council.
Quarterl v U odate
Finance Director Lannes gave an overview of the Budget Update stating that the report is an un-
audited 2nd Quarter summary of revenues and expenditures as of June 24,2007. Lannes
commented that park rental fees are up, because these fees include the rental of City Hall space.
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Lannes left it open for Council discussion on the 2nd Quarter Summary of Revenues and
Expenditures.
Council noted that the Building revenues appear to be slipping and wanted additional
information as to why the fees are low.
Discuss settilll! Mondav. Julv 30. 2007 at 6:00 o.m. as a Bond Issuance meetinl! - Paul Donna
with Northland Securities will ore sent (orior to the budl!et workshoo)
Finance Director Lannes informed the Council that Monday, July 30 is a Budget Workshop, but
would like Council approval to set the Bond Issuance meeting for the first part of the workshop.
MOTION BY Council member Berning, seconded by Council member Wagner to set Monday,
July 30, 2007 at 6:30 p.m. or soon thereafter as a Bond Issuance meeting, and on file in the office
of the City Clerk. Motion carried unanimously.
CITY CLERK
Liauor Comoliance Check Violations
City Clerk Miller reported that three (3) establishments within Albertville failed the Liquor
Compliance Check. The Wright County Human Service conducted the compliance checks on
Wednesday, June 13. Notification has been sent to the three (3) establishments to attend the
meeting. There are representatives from Hong Thai, Inc. and Cedar Creek Golf Course present.
These two (2) establishments have had prior violations that happened over 24-months ago. A
copy of Resolution No. 2005-15 has been provided for Council review. Miller brought to
Council's attention that the resolution notes the levels of violations ranging from 1 st Violation up
to 5th Violation, which includes the amount of the fine.
Randy Carston representing Hong Thai, Inc. started out by apologizing to the Council for the
violation. Mr. Carston informed the Council that Hong Thai is a Ma and Pa type of
establishment, which the owners take the privilege to sell alcohol very serious. Mr. Carston had
a discussion with Mayor Klecker prior to the meeting, in which it was discussed that the
establishment should invest in an ID Card Reader device. In this instance the ID Card Reader
would not have assisted the situation at all as the individual did not have an ID with them. The
customer informed the waitress that it was in his vehicle and the employee elected to serve the
alcohol not having seen an ID at all. Mr. Carston reported that the employee is no longer with
the establishment.
MOTION BY Council member Berning, seconded by Council member Wagner to set the first
violation fine of $500 to Hong Thai, Inc. for the Liquor Compliance Violation that occurred on
Wednesday, June 13,2007, and on file in the office of the City Clerk. Mayor Klecker, Council
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members Fay, Berning, and Wagner voted aye. Council member Vetsch voted nay. Motion
carried.
Chris Sauer began also by apologizing to the Council for the error and receiving an alcohol
compliance violation. The waitress asked for the ID, examined the date and incorrectly
calculated the individual's age. Mr. Sauer did inform the Council that Cedar Creek will be
investing in an ID Card Reader device to help calculating the age of customers that visit the
establishment wanting to be served alcohol. Mr. Sauer noted that the employee was a manager
who is still employed with Cedar Creek and hopefully has learned a lesson that going forward
they will be extra careful in calculating the age of customers when serving alcohol.
MOTION BY Council member Fay, seconded by Mayor Klecker to set the first violation fine of
$500 to Cedar Creek Golf Course for the Liquor Compliance Violation that occurred on
Wednesday, June 13,2007, and on file in the office ofthe City Clerk. Mayor Klecker, Council
members Fay, Berning, and Wagner voted aye. Council member Vetsch voted nay. Motion
carried.
City Clerk stated there was no one present to represent D. Michael B' s.
MOTION BY Council member Fay, seconded by Council member Berning to set the first
violation fee of$500 to D. Michael B's for the Liquor Compliance Violation that occurred on
Wednesday, June 13,2007, and on file in the office of the City Clerk. Mayor Klecker, Council
members Fay, Berning, and Wagner voted aye. Council member Vetsch voted nay. Motion
carried.
AODfove "On-Sale" Wine Liauor License and "On-Sale 3.2%" Malt Beveral!e Liauor License
for Senor Peooers
City Clerk stated that the results from the BCA came back and copies were made for Council
reVIew.
City Attorney Couri recommended that the Council table the approval until the July 16, 2007
Council meeting as the dates on the Wright County background check did not correspond with
those of the BCA.
MOTION BY Council member Wagner, seconded by Council member Fay to table the "On-
Sale" Wine Liquor License and "On-Sale 3.2%" Malt Beverage Liquor License for Senor
Peppers until the July 16, 2007 Council meeting, and on file in the office of the City Clerk.
Motion carried unanimously.
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PLANNING AND ZONING
City Planner Brixius held the Planning and Zoning Commission items until the July 16, 2007
Council meeting.
ENGINEERING
Em!ineerim! Proiect Status UDdate
Assistant City Engineer Nafstad reviewed the Engineering Project Status Update going over
various items within the report. Nafstad noted that Dennis Fehn is ready to move forward with
the Winter Park Improvements. CSAH 19 Improvements are progressing along nicely. Staffhas
requested a spot speed study from Wright County. Nafstad asked ifthe Council had any
questions or concerns regarding the Project Status Update.
Flood Mitillation UDdate
Assistant City Engineer Nafstad noted that the Flood Mitigation project is approximately 50%
completed. It is progressing along as best as it can with the unknown weather conditions.
Nafstad brought up the fact that included in the Stormwater Pond Agreement; Albertville agreed
to construct a roadway that would run a short distance south of the pond. The roadway would
connect to the street that went into the development off of Kadler Avenue NE and would be
constructed at a later date in the future.
Unknown to city staff, the school sent a memo regarding the extension of a water main and
roadway. The cost incurred is $37,000+, which $11,700 is for the class 5 in the roadway.
Apparently, Donlar Construction went ahead and put the roadway in without Albertville staffs
knowledge. The STMA School is looking for reimbursement on the expense for the construction
of the road.
There was discussion as to whether the City should agree to reimburse the School District for the
expense or attempt to negotiate on the class 5 expense of $11,700.
MOTION BY Council member Berning, seconded by Council member Fay to authorize staffto
negotiate with the STMA School District on the construction of the roadway near the Stormwater
Detention Pond located on the STMA School site within the St. Michael city limits, and on file
in the office of the City Clerk. Motion carried unanimously.
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LEGAL
Anorove Bill Wavtus ofNaflel Anoraisal and Consultinfl Comnletinfl CSAH 19 South
Imorovement Anoraisals to Sunnort Assessment Rolls
City Attorney Couri reported that Nagel Appraisal & Consulting firm has submitted a quote to
conduct appraisals for the commercial property along CSAH 19 south from 5ih Street NE to the
southerly border. The section of commercial property would be assessed for the CSAH 19 South
Improvements. The cost would be $1,500 per parcel, which would include six commercial
properties along CSAH 19 corridor, per the attached exhibit - parcels 2, 4, and 13 (vacant land);
parcel 17 (existing retail); parcels 10, and 12 (existing office).
Council suggested having Nagel Appraisal & Consulting firm appraise the Barthel's property.
Also consider an appraisal on the STMA Ice Arena property.
MOTION BY Council member Berning, seconded by Council member Fay to approve Bill
Waytus of Nagel Appraisal and Consulting Completing CSAH 19 South Improvement
Appraisals to Support Assessment Rolls to include parcels 2, 4, 13, 17, 10, 12 & either 21,22 or
23, which should include the Barthel property within the Barthel Commercial Park 2nd Addition,
along with the STMA Ice Arena, and on file in the office of the City Clerk. Motion carried
unanimously.
Multi Border Road Aflreement Between Albertville. Otseflo and Wriflht Countv
City Attorney Couri began by stating the Multi-Border Road Agreement basically deals with
four (4) roads, which are MacIver Avenue NE, CSAH 19, 70th Street NE, and the extension of
63rd Street NE (renamed Albertville portion of MacIver Avenue NE).
Couri reviewed item 5. c. of the agreement as to what Albertville's portion of costs were for the
MacIver Avenue NE (north-south alignment) north ofCSAH 37. Albertville and Otsego
Engineer's reviewed all costs associated with the project and have mutually determined that
Albertville's portion (50% of the project) is $466,270.
Couri touched briefly on item 6. of the agreement noting that Albertville would most likely be
leading the CSAH 19 North Project. Albertville would go to Wright County and the City of
Otsego for assistance.
Couri brought up item 11. regarding the fact that neither City shall obstruct any street included in
this Agreement except as necessary during normal maintenance operations.
Council expressed concern regarding the maintenance of these border roads. Does Albertville
maintain them or does the City of Otsego?
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Nafstad stated that PW Supervisor Guimont has been negotiating the maintenance of these roads
with the City of Otsego Public Works Department, which appears to be working out fine.
MOTION BY Council member Wagner, seconded by Council member Fay to approve Multi
Border Road Agreement between Albertville, Otsego and Wright County, and on file in the
office of the City Clerk. Motion carried unanimously.
Discussion on Settin!! Public Hearin!! Dates:
Wednesday, August 22,2007 at 6:00 p.m. to hold a Public Hearing Assessmentfor Lachman
Avenue NE, 52nd Street NE (Barthel Industrial Park Addition), and Stormwater Ponding (Albert
Villas)
City Attorney Couri looked for Council approval to set the public hearing dates for the Lachman
Avenue NE, 52nd Street NE, and Stormwater Ponding. Staff recommended setting Wednesday,
August 22, 2007 at 6:00 p.m. or soon thereafter to hold the public hearing.
MOTION BY Council member Berning, seconded by Council member Vetsch to set
Wednesday, August 22,2007 at 6:00 p.m. or soon thereafter to hold a Public Hearing
Assessment for Lachman Avenue NE, 52nd Street NE, and Stormwater Ponding, and on file in
the office of the City Clerk. Motion carried unanimously.
Monday, August 27,2007 at 7:00 p.m. to hold a Public Hearing Assessmentfor CSAH 19 South
Improvement
City Attorney Couri again looked for Council approval to set a date for a public hearing
assessment. The date would be Monday, August 27,2007 at 7:00 p.m. or soon thereafter for the
proposed assessment of the CSAH 19 South Improvement project.
MOTION BY Council member Berning, seconded by Council member Vetsch to set Monday,
August 27,2007 at 7:00 p.m. or soon thereafter to hold a Public Hearing Assessment for CSAH
19 South Improvement, and on file in the office of the City Clerk. Motion carried unanimously.
CITY COUNCIL
The items the Council wanted to discuss were under Administration.
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ADMINISTRATION
Written ReDort
City Administrator Kruse briefly reviewed the Administrator's Report that was included in the
Council packet. Kruse informed the Council that Congresswoman Bachman would not be here
on Tuesday, July 3 as previously noted.
Council had concern with funding FYCC and whether the City should continue supporting the
organization. There was discussion as what FYCC spends the funds on and who do they report
to.
Council encouraged staff to obtain an Audit from FYCC to find out what fund or funds does
FYCC receive and where are these funds spent.
RecaD of the HiQ:hliQ:hts from June 25. 2007 WorkshoD
City Administrator Kruse went over the June 25, 2007 Workshop agenda and highlighted various
areas. Kruse commented that staff will bring the sign issues to the Planning and Zoning
Commission at the July 10, 2007 Commission meeting. Kruse informed the Council that
Councilmember Wagner met with Wastewater Treatment Plant Superintendent Middendorf, in
which Wagner received a tour of the plant and the reed beds. Council and staff are going to wait
until the July 23,2007 Workshop to discuss the golf cart issue.
ADJOURNMENT
MOTION BY Council member Vetsch, seconded by Council member Fay to adjourn at
9:59 p.m. Motion carried unanimously.
K<h-<-- K&~~~
Ron Klecker, Mayor
~']c~Q ~~
Bridget Mill , City Clerk -
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