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2008-12-15 CC Minutes ~ "!~~!t'!UL€ ALBERTVILLE CITY COUNCIL DECEMBER 15, 2008 MINUTES ALBERTVILLE CITY HALL 7:00 PM PLEDGE OF ALLEGIANCE - CALL TO ORDER Mayor Klecker called the Albertville City Council meeting to order at 7:00 p.m. followed by the Pledge of Allegiance. ROLL CALL PRESENT: Mayor Ron Klecker, Council members LeRoy Berning, Tom Fay, Dan Wagner, and John Vetsch, City Attorney Michael Couri, City Planner Alan Brixius, Assistant City Engineer Adam Nafstad, City Administrator Larry Kruse, and City Clerk Bridget Miller ABSENT: none OTHERS PRESENT: Council elect Larry Sorensen RECOGNITIONS - PRESENTATIONS - INTRODUCTIONS Mayor Klecker recognized Council member LeRoy Berning for his years of service to the City of Albertville. Klecker noted that LeRoy has been active in the community for many years. Berning served on the Planning Commission prior to him becoming a Council member. Klecker acknowledged the fact that Mr. Berning's intentions were to serve the community. Klecker then asked each remaining Council member to share any comments they may have. Council member Fay complimented LeRoy for his commitment and years of service to the community. Council member Wagner stated that LeRoy has been a good mentor and has been an asset to the Council. Council member Vetsch remembered Mr. Berning growing up as a child and the LeRoy was the only kid that Vetsch knew that whose sandbox was planned out. Vetsch also shared that this will probably be the first time in years there will not be a Berning involved in Albertville growth. LeRoy's Father served as the City Clerk of Albertville for approximately 3D-years; then his M:\Public Data\City Council\Council Minutes\2008 Minutes\M 12-15-08 Approved.doc City of Albertville City Council Minutes December 15, 2008 Page 2 of 19 brother Duane Berning was a Council member; which LeRoy then followed after Duane's term expired. The final comment Vetsch had to say was "he will be back". CITIZEN FORUM Mayor Klecker asked if there was anyone in the audience that wanted to discuss an item with the Council that was not already on the agenda. There was no one in the audience that wanted to speak on an issue that was not already on the agenda. AMENDMENTS TO THE AGENDA Mayor Klecker asked if there were any amendments to the agenda. Mayor Klecker added an item under Administration - Resolution No. 2009-001 entitled 2009 Appointments; Council member Fay added an item under City Council (8.G.!.) to discuss the use of Alcohol Compliance Violation Funds to purchase a defibulator for City Hall and a Speed Detector Trailer. Upon adding the above items, Klecker asked for a motion to approve the agenda as amended. MOTION BY Council member Fay, seconded by Council member Berning to approve the Monday, December 15,2008 regular Albertville City Council agenda as amended adding the above items, which will be discussed in the General Order of Business and considered in its normal sequence on the agenda. Motion carried unanimously. MINUTES December 1, 2008 Truth-in-Taxation notes Mayor Klecker asked the Council if there were any changes to the Monday, December 1,2008 Truth-in- Taxation meeting notes. MOTION BY Council member Berning, seconded by Council member Fay to approve the Monday, December 1, 2008 Truth-in- Taxation meeting notes as presented, which will be printed and signed; then the signed copy will be scanned and the electronic scanned version will be kept on file in the office of the City Clerk that will serve as the City's official record. Motion carried unanimously. M:\Public Data\City Counci1\Council Minutes\2008 Minutes\M 12-15-08 Approved.doc City of Albertville C~ty Council Minutes D cember 15, 2008 Pge30fl9 December 1, 2008 regular City Council minutes Mayor Klecker asked the Council if there were any changes to the Monday, December 1,2008 regular City Council minutes. MOTION BY Council member Fay, seconded by Mayor Klecker to approve the Monday, December 1, 2008 regular City Council minutes as amended, which will be printed and signed; then the signed copy will be scanned and the electronic scanned version will be kept on file in the office of the City Clerk that will serve as the official copy. Motion carried unanimously. CONSENT AGENDA a CONSENT AGENDA All items with an asterisk (a) are considered to be routine in nature by the City Staff and will be enacted by one motion. There will be no separate discussion of these items unless a Council member or citizen so requests. In such event, the item will be removed from the General Order of Business and considered in its normal sequence on the agenda. Mayor Klecker inquired if the Council members or staff wanted any of the items pulled from the December 15,2008 Consent Agenda. The following items were pulled from the Consent Agenda for further discussion and or explanation: 8.F.1. Approve the December 15,2008 Payment of Claims (bills) for check numbers 026455 to 026515 as presented except the bills specifically pulled, which are passed by separate motion; and, Authorize payment of all just claims received by December 31, 2008 (year-end closeout); and 8.1.1. Approve Ordinance No. 2008-010 entitled an Ordinance Zoning Related Fees. Mayor Klecker asked for a motion to approve the December 15, 2008 Consent Agenda pulling the items 8.F.l and 8.1.1. MOTION BY Council member Wagner, seconded by Council member Berning to approve the December 15,2008 Consent Agenda pulling items 8.F.l and 8.1.1., which the items will be removed from the General Order of Business and considered in its normal sequence on the agenda and will require a separate motion. Motion carried unanimously. DEPARTMENT BUSINESS FAMILVYOUTH COMMUNITVCONNECTIONS (FYCC)-ANNUAL UPDATE (15 minutes) Sandy Greninger with FYCC thanked the Council for allowing her to speak and update them on the Family Youth Community Connections. Ms Greninger began noting that the last time she M:\Public Data\City Council\Council Minutes\2008 Minutes\M 12-15-08 Approved.doc City of Albertville City Council Minutes December 15, 2008 Page 4 of 19 was here the Council wanted to know what FYCC does for the community. Greninger informed the Council that FYCC reviewed what they provide for the City, in which they prepared a list. Greninger reported that FYCC coordinates activities for youth and family in Albertville and St. Michael. Some of the activities include interviewing, hiring, scheduling Warming House Rink attendants so the kids have a place to go when they are skating on the ice rinks; coordinating the baseball- softball activities throughout the spring-summer-fall; scheduling the games and practices; making sure fees are collected; providing concessions at the Central-City Park; coordinating and scheduling activities in the parks such as "Reading in the Park", "Games in the Park", "Arts in the Parks", and "Summer Youth Theatre"; FYCC has also reached out to other businesses to provide activities for Youth. Greninger reported that there were approximately 2,300 people that skated at the outdoor rink in 2006-2007 season; in which these individuals were happy someone was there in the warming house. City Administrator Kruse informed the Council members that Council member Vetsch and himselfwill be attending the FYCC meeting on Tuesday, December 16,2008 at 6:00 p.m. Ms. Greninger continued by informing the Council that the State Funding to FYCC will be completely cut in mid-2009. The state funding was from excess state medical funding. The ainount FYCC received was approximately $120,000. Upon hearing the information, FYCC staff has begun searching grants they could apply for in hopes to make up the financial loss. Greninger reported that Albertville does cover $9,000 ofthe expenses incurred for activities held within Albertville. Events such as the "Father-Daughter" dance, selling donuts and helping the Albertville Lions sell raffles are a few ways that FYCC tries to earn additional funds. Mayor Klecker thanked Ms. Greninger for updating the Council on the various activities and opportunities FYCC provides to the residents. FIRE DEPARTMENT - no comments PUBLIC WORKS DEPARTMENT - no comments UTILITIES DEPARTMENT (WWTP) - no comments BUILDING DEPARTMENT - no comments M:\Public Data\City CounciI\CounciI Minutes\2008 Minutes\M 12-15-08 Approved.doc City of Albertville City Council Minutes December 15, 2008 Page 5 of 19 FINANCE DEPARTMENT Approve the December 15, 2008 Payment of Claims (bills) for check numbers 026455 to 026515 as presented except the bills specifically pulled, which are passed by separate motion; and; authorize payment of all just claims received by December 31, 2008 (year-end closeout) Check no. 026460 payable to Bob Kilian Electric Company in the amount of$I,174.00, which City Administrator Kruse reported this was bulb and bal-ace replacements at the Fire Hall. There were 3-wall packs and landscape repairs around the fixture. Council reminded staff to do their best to keep these expenses down. Check no. 026464 payable to Cities Digital Solutions in the amount of$I,720.00. Council questioned what the service was for. Staff reported the invoice is for four licenses, which allows staff to scan and edit what is stored in Laserfiche. Check no. 026476 payable to Federated Co-ops, Inc. in the amount of$2,150.00. Council noticed this was a refund of a Zoning Application and yet on the NAC billing there are charges for the zoning request. Was the applicant refunded 100% of the fees collected? Staff reported that when the application was originally received it was being processed. When NAC reviewed the application more closely, consultant realized it did not need to go through the zoning process and could be handled as an Administrative Permit. Check no. 026481 payable to Lano Equipment in the amount of $2,662.50. Council inquired if this was for the lease payment, which staff reported it was for the lease agreement on the new piece of equipment. Check no. 026501 payable to Schindler Elevator Corporation in the amount of$I,202.07. Council noticed a portion of the bill was for a service agreement, which Council was under the impression the $3,000 service agreement was denied. Staff reported it was for repairs to the elevator at City Hall and the City did approve a less extensive service agreement because of the state requirements. Check no. 026506 payable to Sunrise Plumbing in the amount of $331.00. Council questioned how the water heater for the 5975 Main Avenue NE facility was replaced. Kruse reported that PW Supervisor Guimont received quote for repair. Upon receiving the quotes, staff decided to remove the old water heater and hired Sunrise Plumbing to install the new equipment. It appeared to be the most cost effective approach to repairing the water heater. Upon hearing the questions and explanation on the above checks, Mayor Klecker asked for a motion to approve the Monday, December 15,2008 Payment of Claims for check numbers 026455 to 026515. MOTION BY Council member Fay, seconded by Council member Berning authorizing the Monday, December 15,2008 Payment of Claims (bills) for check numbers 026455 to 026515 as M:\Public Data\City Council\Council Minutes\2008 Minutes\M 12-15-08 Approved.doc City of Albertville City Council Minutes December 15, 2008 Page 6 of 19 presented except the bills specifically pulled, which are passed by separate motion; and; authorize payment of all just claims received by December 31, 2008 (year-end closeout) except the bills specifically pulled, which if pulled from the Consent Agenda will require a separate discussion from the Consent Agenda and a separate motion from the Consent Agenda and; authorize payment of all just claims received by December 31, 2008 (year-end closeout). The checks will be signed by the authorized personnel and scanned with supporting documents; the electronically scanned version will be kept on file in the office of the Finance Director that will serve as the City's official record. Motion carried unanimously. . Approve Resolution No. 2008-062 entitled a Resolution Establishing the 2009 Fee Schedules MOTION BY Council member Wagner, seconded by Council member Berning to approve Resolution No. 2008-062 entitled a Resolution Establishing the 2009 Fee Schedules as presented except those items specifically pulled, which if pulled from the Consent Agenda will require a separate discussion from the Consent Agenda and a separate motion from the Consent Agenda; which will be printed and signed; then the signed copy will be scanned and the electronic scanned version will be kept on file in the office of the City Clerk that will serve as the City's official record. Motion carried unanimously. . Approve and Implement the Fund Balance/Cash Flow Policy; and Approve and Implement the Financial Policies MOTION BY Council member Wagner, seconded by Council member Berning to approve and Implement the Fund Balance/Cash Flow Policy; and Approve and Implement the Financial Policies as presented except those items specifically pulled, which if pulled from the Consent Agenda will require a separate discussion from the Consent Agenda and a separate motion from the Consent Agenda. Motion carried unanimously. . Approve and Implement the Identity Theft Prevention Program MOTION BY Council member Wagner, seconded by Council member Berning to approve and Implement the Identity Theft Prevention Program as presented except those items specifically pulled, which if pulled from the Consent Agenda will require a separate discussion from the Consent Agenda and a separate motion from the Consent Agenda. Motion carried unanimously. . Approve and Implement the Travel Policy MOTION BY Council member Wagner, seconded by Council member Berning to approve and Implement the Travel Policy as presented except those items specifically pulled, which if pulled M:\PubIic Data\City Council\Council Minutes\2008 Minutes\M 12-15-08 Approved.doc City of Albertville City Council Minutes December 15, 2008 Page 7 of 19 from the Consent Agenda will require a separate discussion from the Consent Agenda and a separate motion from the Consent Agenda. Motion carried unanimously. . Approve the Kern, De Wenter, & Viere, Ltd. (KD V) 2008 Annual Audit Services Agreement at $25,900 MOTION BY Council member Wagner, seconded by Council member Berning to approve the Kern, DeWenter, & Viere, Ltd. (KDV) 2008 Annual Audit Services Agreement at $25,900 as presented except those items specifically pulled, which if pulled from the Consent Agenda will require a separate discussion from the Consent Agenda and a separate motion from the Consent Agenda; which will be printed and signed; then the signed copy will be scanned and the electronic scanned version will be kept on file in the office of the City Clerk that will serve as the City's official record. Motion carried unanimously. Approve the Updates to the 2006 Personal Policy City Administrator Kruse reviewed various areas within the Personnel Policy that were being reviewed for Council approval. Areas included and not limited to were: Section 3.2- Probationary period-Subsection F dealing with vacation sick leave; Section 7 - Regular Hours of Work-subsection 2 dealing with the eight or ten consecutive hours of work; Section 8.1 - Vacation Leave-Subsection 2 dealing with permanent part-time employees; Section 8.2 - Sick Leave and Incentive Subsection 2 dealing with permanent part-time employees; and the last area was Section 13.0 - Health Care Saving Plan dealing with the percentage of contribution that was discussed during the budget workshops. Council inquired if the Health Care Saving percentage could possibly be changed in 2010, which staff reported that Council could change the amount of contribution. MOTION BY Council member Wagner, seconded by Council member Vetsch to approve the Updates to the 2006 Personal Policy, which all changes or additions are in bold: 1. Update Section 3.2 - Probationary Period - Subsection F to state "vacation sick leave shall be earned as established in Section 8.1 and 8.2 respectively. Sick leave shall not be available to the employee until completion of the probationary period, unless an exception is approved by the City Administrator." 2. Update Section 7.0 - Regular Hours of Work- Subsection 2 to state "the normal workday shall consist of eight or ten consecutive hours of work...." M:\Public Data\City Council\Council Minutes\2008 Minutes\M 12-15-08 Approved.doc City of Albertville City Council Minutes December 15, 2008 Page 8 of 19 3. Update Section 7.3 - Overtime - subsection D to state "Accrued time, including vacation leave and sick leave, in excess of forty (40) hours per seven (7) day period as defined in subsection (a) of Section 7......" 4. Update Section 7.4 - Compensatory Time - subsection 8 to state "Every effort shall be made to utilize compensatory time off within the same pay period of is being earned" 5. Update Section 8.0 - Holidays- subsection A to state "The Legal Holidays to be observed for all City Employees passed by Resolution annually" 6. Update Section 8.1 - Vacation Leave - subsection 1 to state "An employee's anniversary date will be used to determine an employee's length of service for vacation. All anniversary dates will be January 1st. 7. Update Section 8.1 - Vacation Leave - subsection 2 to state "An employee must have completed the probationary period before using accrued vacation leave, unless an exception is approved by the City Administrator. 8. Update Section 8.1 - Vacation Leave - subsection 3 remove the language stating "part time permanent employees will accrue vacation from schedule on a prorated basis, ...." 9. Update Section 8.2 - Sick Leave and Incentive - subsection 2 remove the language stating "part time permanent employees will accrue sick leave on a prorated basis, ...." 10. Update Section 13.0 - Health Care Saving Plan - to state "all employees will contribute 1 % of pay. The City of Albertville will contribute 1 % ofthe employee's pay to the employees HCSP account. 11. Update Section 16.0 - Computer Use Policy - Add the following sections per recommendations of KDV. Purpose - This policy serves to protect the security and integrity of the City of Albertville's electronic communication and information systems by educating employees about appropriate and safe use of available technology resources. The City of Albertville reserves the right to inspect any data, e-mails, files, settings or any other aspect of a city owned computer or related system and will do so on an as-needed basis as determined by the City Finance Director or City Administrator. Personal Use - The City of Albertville recognizes that some personal use of city-owned computers and related equipments has and will continue to occur. Some controls are necessary, however, to protect the city's equipment and computer network and to prevent abuse of this privilege. M:\Public Data\City Council\Council Minutes\2008 Minutes\M 12-15-08 Approved.doc City of Albertville City Council Minutes December 15, 2008 Page 9 of 19 1. Only city employees may use city-owned equipment. Family members or friends of employees are not allowed to use city equipment or technology resources, unless authorized by the City Finance Director or City Administrator. 2. Reasonable use of city e-mail systems for personal correspondence is allowable, provided it does not interfere with an employee's normal work and is consistent with all provisions in this policy. Passwords and physical security of equipment - Employees are responsible for maintaining computer passwords and for following these guidelines: 1. Passwords must be at least six (6) characters in length and include at least one number. 2. Your passwords should NOT be shared or told to other staff. If it is necessary to access an employee's computer when he or she is absent, contact the Finance Director. 3. Passwords should not be stored in any location on or near the computer. 4. The computer system will prompt employees to update passwords every 120 days. Employees must change passwords when prompted. When leaving your desk or office for more than five minutes, lock your workstation by pressing the Ctrl-Alt-Del keys. Your computer can be unlocked by doing the same and then typing your password. Because technology equipment is generally small and portage, employees should use caution when leaving equipment unattended at any off-site facility. If your office or desk area is in a high-traffic public area, take appropriate security measures. Software, hardware, games and screen savers - In general, all software and hardware required for an employee to perform hislher job functions will be provided by the city. Requests for new or different equipment or software should be made to your supervisor and then to the Finance Department. The following is approved software that may be downloaded by employees without prior approval: 1. Microsoft updates as provided in automatic updates to the user 2. Anti-virus updates as provided in automatic updates to the user M:\Public Data\City Council\Council Minutes\2008 Minutes\M 12-15-08 Approved.doc City of Albertville City Council Minutes December 15, 2008 Page 10 of 19 3. Microsoft clipart and photo files contained on the site www.microsoft.com Unapproved software or downloads (free or purchased), hardware, games, screen savers, toolbars, clipart, music and movie clips, other equipment, software or downloads that have not been specifically approved may compromise the integrity of the city's computer systems and are prohibited. The City of Albertville, without notice may remove any unauthorized programs or software, equipment, downloads, or other resources if they could harm city systems or technology performance. Electronic Mail - The City of Albertville provides employees with an e-mail address for work- related use. Some personal use ofthe city e-mail system is allowed, provided it does not interfere with and employee's normal work and is consistent with all city policies. An employee's personal e-mail (and other personal documents) may be considered "public" data and may not be protected by privacy laws. Personal e-mails may also be monitored as directed by the City Administrator and without notice to the employee. 1. Use common sense and focus primarily on using e-mail for city business. Never transmit an e-mail that you would not want your boss or other employees to read. 2. Do not correspond bye-mail on confidential communications 3. Do not open e-mail attachments for links from an unknown sender. Delete "junk" or "spam" e-mail without opening it if possible, do not respond to unknown senders. 4. Do not gossip or include personal information about yourself or others in e-mail 5. Do not use harassing language, including sexually harassing language or any other remarks including insensitive language or derogatory, offensive or insulting comments or jokes in an e-mail 6. Do not curse or use swear words in an e-mail. Internet - The City of Albertville provides access to employees for work on city business. Employees may use this access for work related matters in a professional manner. Occasional personal use of the Internet is acceptable within the bounds of all city policies. The following considerations apply to all uses ofthe Internet whether business related or personal: 1. There is no quality control on the Internet. All information found on the Internet should be considered suspect until confirmed by another source. M:\Public Data\City Counci1\Council Minutes\2008 Minutes\M 12-15-08 Approved.doc City of Albertville City Council Minutes December 15, 2008 Page 11 of 19 2. Employees may not at any time access inappropriate sites. Some examples of inappropriate sites include but are not limited to adult entertainment, sexually explicit material, or material advocating intolerance of other people, races or religions. 3. Employees may not participate in any Internet chartroom unless the topic is related to city business 4. The city may monitor any employee's use of the internet without prior notice, as deemed appropriate by the City Administrator. Motion carried unanimously. CITY CLERK . Approve Resolution No. 2008-061 entitled a Resolution Establishing the 2009 City Observed Holidays MOTION BY Council member Wagner, seconded by Council member Berning to approve Resolution No. 2008-061 entitled a Resolution Establishing the 2009 City Observed Holidays as presented except those items specifically pulled, which if pulled from the Consent Agenda will require a separate discussion from the Consent Agenda and a separate motion from the Consent Agenda; which will be printed and signed; then the signed copy will be scanned and the electronic scanned version will be kept on file in the office of the City Clerk that will serve as the City's official record. Motion carried unanimously. CITY COUNCIL Oral Update regarding the December 3, 2008 Fire Department jt. meeting with Albertville and St. Michael (Dan Wagner) Council member Wagner reported that he did some research on the surrounding areas, which Albertville covers for fire service. Wagner informed the Council that he was part of the joint meeting that was held at Albertville with members from St. Michael. Wagner touched very briefly on the outcome of the meeting and stated that the Fire Service Contract could be discussed in more detail at the Wednesday, December 17,2008 meeting with St. Michael Council members. Wagner concluded by stating Albertville will be losing a considerable amount of Fire Funding, which is going to affect our 2009 Fire Budget. Fire Chief Mills would like to see Albertville keep the area per the contract. M:\Public Data\City Council\Council Minutes\2008 Minutes\M 12-15-08 Approved.doc City of Albertville City Council Minutes December 15, 2008 Page 120f19 Oral Update on the December 8, 2008 STMA Ice Arena Board meeting (LeRoy Berning and/or Tom Fay) Council member Bernin~ informed the Council there was not much more to report on at this point. The December gt STMA Ice Arena Board meeting basically had more discussion on the arena and the 3-entities needing to look at all the other joint project out there such as the new Library, Senior Center, etc. Oral Update on the December 9,2008 Planning and Zoning Commission meeting (Dan Wagner) Council member Wagner reported that the Planning Commission discussed accessory buildings, which was a good conversation. The Commission talked about the size, height, number allowed on the various lots. City Planner Brixius and Bldg. Official Sutherland will be preparing ordinances and backup information for the January 2009 Planning Commission meeting. Wagner brought up the fact that there is a vacancy on the Commission, which we have advertised and will most likely be interviewing applicants at the January 2009 meeting also. City Administrator Kruse expanded on the accessory building and asked City Attorney Couri to research how covenants within developments would interact with the proposed amendment to the Accessory Building. City Attorney Couri responded with the comment that even though some homeowners associations appear to have dissolved the covenants for the development would still be active. In conclusion, Wagner stated he pulled the Ordinance on approving the Zoning fees for City Planner Brixius to report on later in the meeting. Use of Alcohol Compliance Violation Fines Funds Council member Fay asked if the Council would be okay with using some of the funds for the Alcohol Compliance Violation Fines for the purchase of a defibulator at City Hall and one of those "Speed Patrol" trailers. The Council appeared to be in consensus of using some of the funds towards the purchase of a defibulator for City Hall and a "Speed Patrol" trailer. M:\Public Data\City Council\Council Minutes\2008 Minutes\M 12-15-08 Approved.doc City of Albertville City Council Minutes December 15, 2008 Page 13 of 19 PLANNING AND ZONING Approve Ordinance No. 2008-010 entitled an Ordinance Zoning Related Fees City Planner Brixius brought to the Council's attention that City staff has expressed concerns with many of the development and zoning applications and not having sufficient escrows to cover the consulting fees. Usually the escrow amount was enough to cover only the planning consultant fees, leaving no funds to cover the City Engineer's or City Attorney's fees. As the project was reviewed, the applicant would receive additional bills from the City for the City Engineer's and City Attorney's fees associated with the project. Therefore, had the escrow amounts been more accurate, the applicants would have had a better plan for their budget to cover the actual costs involved with their project. City Planner Brixius then went over some of the scenarios, which were as follows: For example, the City of Monticello has established the following fees/escrows for commercial conditional use permits based on the size of the site: $200 Base Fee plus Escrow Deposit of: $2,000 for a site of less than 4 acres $6,000 for a site of 4-1 0 acres $10,000 for a site of more than 10 acres Staff is recommending the following escrow deposits be established for conditional use permit applications in the City of Albertville: $300 Base Fee* plus Escrow Deposit of: $1,500 for a site < 4 acres $4,000 for a site 4-10 acres $10,000 for a site> 10 acres Staff is also recommending the following escrow deposits be established for site and building plan reviews: $300 Base Fee* plus Escrow Deposit of: $2,000 for a site < 4 acres $4,000 for a site 4-10 acres $10,000 for a site> 10 acres *The base fee has not changed. City Planner Brixius reported that the key issues are: M:\Public Data\City Council\Council Minutes\2008 Minutes\M 12-15-08 Approved.doc City of Albertville City Council Minutes December 15, 2008 Page 14 of 19 · Multiple applications require more work than a single application and the fees need to be set such that they reflect the cost to process the application. · Adjustable escrows scale the size of the escrow to the size of the project. Larger developments normally require larger escrows. · Administrative permits provide a mechanism for approval at a lower cost and should be more expedient while achieving the City's expectations and requirements. · Administrative permits, while being expedient, do lack the opportunity for the Planning Commission and City Council to get involved. After listening to the reason behind adjusting the Zoning fees to reflect actual costs associated with applicants for development within Albertville the following motion was made: MOTION BY Council member Wagner, seconded by Council member Fay to approve Ordinance No. 2008-010 entitled an Ordinance Zoning Related Fees as presented except those items specifically pulled, which if pulled from the Consent Agenda will require a separate discussion from the Consent Agenda and a separate motion from the Consent Agenda; which will be printed and signed; then the signed copy will be scanned and the electronic scanned version will be kept on file in the office of the City Clerk that will serve as the City's official record. Motion carried unanimously. ENGINEERING Direct Staff to amend to the Plan Unit Development/Conditional Use Agreement for Karston Cove 3rd Addition to extend the completion of the municipal and on-and off-site improvements until October 31, 2010, conditioned upon: 1) the Developer renewing the Letter of Credit to the satisfaction of the City Attorney, 2) the Developer agrees to complete the paving and any necessary repair to the private streets north of 64th Street by July 31, 2009 to the satisfaction of the City Engineer, and 3) Developer signs the amendment Assistant City Engineer Nafstad began by stating David Pattberg, of Woodside Communities of MN, Inc. and Developer of Karston Cove 3rd Addition has requested an extension to the completion dates specified in the development contract for Karston Cove 3rd Addition. Nafstad went on to report that the agreement requires all municipal and on-and off-site improvements be complete by October 31, 2008, unless otherwise approved by the City. To date, the majority of the municipal and on-and off-site improvements within the 64th Street right-of-way and on the north half of the plat have been completed. Work remaining on 64th Street primarily consists of sidewalk construction and boulevard restoration and the work remaining on the north half of the plat primarily consists of installing the final lift of pavement on the private streets. No improvements have occurred on the south side 64 tli Street. Nafstad continued with the comment that the City holds a letter of credit in the amount of $460,000. This surety will be retained until all obligations of the contract are met. However, M:\Public Data\City Council\Council Minutes\2008 Minutes\M 12-15-08 Approved.doc City of Albertville City Council Minutes December 15, 2008 Page 15 of 19 given the current state of the economy, it has adversely impacted the residential housing market, development of the south half of Karston Cove 3rd is not anticipated in the near term. N afstad then reported that upon review of the outstanding contract requirements and acknowledging today's housing market, it is recommend that the Karston Cove 3rd Addition Development Agreement be amended to extend the completion of the municipal and on-and off- site improvements until October 31, 2010, with the following conditions: . The Developer renews the Letter of Credit to the satisfaction of the City Attorney. The Devel~er completes the paving and any necessary repair to the private streets north of 64 Street by July 31, 2009 and to the satisfaction of the City Engineer. Developer signs the amendment. . . City Attorney Couri noted that the business owner is under bankruptcy and has filed Chapter 11. To reiterate on today's economy, Couri was not sure if there is another business entity that would consider assisting. Couri recommended extending the satisfaction in the development. Council questioned staff, what if the City were to leave the development as it stands today; and consider the potential of re-platting the area in the future. City Attorney Couri responded by stating "yes" that is an option, which would require a new Developer's Agreement for the re-platting. There was discussion regarding the Letter of Credit and if the City will lose on that. Staff reported they would keep on top of the Letter of Credit and do their best to ensure the City would not loose out on the funds. In conclusion, staff asked for a motion from the Council to approve the extension now in order to make sure it is completed. The following motion was then made: MOTION BY Council member Fay, seconded by Council member Berning to direct staffto amend to the Plan Unit Development/Conditional Use Agreement for Karston Cove 3rd Addition to extend the completion of the municipal and on-and off-site improvements until October 31, 2010, conditioned upon: 1) the Developer renewing the Letter of Credit to the satisfaction of the City Attorney, 2) the Developer agrees to complete the paving and any necessary repair to the private streets north of 64th Street by July 31, 2009 to the satisfaction of the City Engineer, and 3) Developer signs the amendment. Motion carried unanimously. Oral Assistant City Engineer Progress Report Assistant City Engineer Nafstad reported that the Downtown plat has been reviewed by the County Engineer, which needs to be recorded at Wright County prior to closing. Staff is doing their best to see that the plat is recorded by year-end. M:\Public Data\City Council\Council Minutes\2008 Minutes\M 12-15-08 Approved.doc City of Albertville City Council Minutes December 15, 2008 Page 16 of 19 Nafstad gave a brief update regarding the Council's request on researching the accidents at the intersection of CSAH 19/37. Staff has received paperwork from the County and has not had time to fully review the report. Once staffhas completed the reviewing and understanding the reports, staff will prepare a report for Council. LEGAL . Approve Ordinance No. 2008-011 entitled an Ordinance Amending Various Fees within the 2005 Albertville Municipal City Code MOTION BY Council member Wagner, seconded by Council member Berning to approve Ordinance No. 2008-011 entitled an Ordinance Amending Various Fees within the 2005 Albertville Municipal City Code as presented except those items specifically pulled, which if pulled from the Consent Agenda will require a separate discussion from the Consent Agenda and a separate motion from the Consent Agenda; which will be printed and signed; then the signed copy will be scanned and the electronic scanned version will be kept on file in the office of the City Clerk that will serve as the City's official record. Motion carried unanimously. . Approve Ordinance No. 2008-012 entitled an Ordinance Amending Title 9; Chapter 5; Section 5; Subsection C Regarding Stormwater Billing MOTION BY Council member Wagner, seconded by Council member Berning to approve Ordinance No. 2008-012 entitled an Ordinance Amending Title 9; Chapter 5; Section 5; Subsection C Regarding Stormwater Billing as presented except those items specifically pulled, which if pulled from the Consent Agenda will require a separate discussion from the Consent Agenda and a separate motion from the Consent Agenda; which will be printed and signed; then the signed copy will be scanned and the electronic scanned version will be kept on file in the office of the City Clerk that will serve as the City's official record. Motion carried unanimously. . Approve Ordinance No. 2008-013 entitled an Ordinance Amending Outdoor Noise - Music from within Building/Structures MOTION BY Council member Wagner, seconded by Council member Berning to approve Ordinance No. 2008-013 entitled an Ordinance Amending Outdoor Noise - Music from within Building/Structures as presented except those items specifically pulled, which if pulled from the Consent Agenda will require a separate discussion from the Consent Agenda and a separate motion from the Consent Agenda; which will be printed and signed; then the signed copy will be scanned and the electronic scanned version will be kept on file in the office of the City Clerk that will serve as the City's official record. Motion carried unanimously. M:\Public Data\City Council\Council Minutes\2008 Minutes\M 12-15-08 Approved.doc City of Albertville City Council Minutes December 15, 2008 Page 17 of 19 Approve Amendment to Planned Unit Development/Conditional Use Agreement (PUD/CUP) Albertville Marketplace Changing Landscape Requirements, Postponing Landscaping to Individual Building Permit Approval and Delaying Installing of Fence City Attorney Couri touched briefly on the areas that were amended in the Albertville Marketplace Developer's Agreement. Couri noted that one part dealt with the landscaping within the development that discussed at a previous Council meeting. Other key issues were: · Reduce the landscaping portion ofthe letter of credit to $58,000, covering the restaurant landscaping and the perimeter landscaping only. . Require the individual lot owners to post an escrow for the landscaping on their lot prior to receiving a building permit. . Allows the developer to delay installing the fence until the Council requires or until the developer desires to install it. MOTION BY Council member Berning, seconded by Council member Fay to approve Amendment to Planned Unit Development/Conditional Use Agreement (PUD/CUP) Albertville Marketplace Changing Landscape Requirements, Postponing Landscaping to Individual Building Permit Approval and Delaying Installing ofFence; which will be printed and signed; then the signed copy will be scanned and the electronic scanned version will be kept on file in the office of the City Clerk that will serve as the City's official record. Motion carried unanimously. Accept the City Attorney's Report dated December 11, 2008 Mayor Klecker asked if the Council members had any questions or concerns regarding the City Attorney's Report that was presented in the December 15,2008 council packet. City Attorney Couri reported that the CSAH 19 appeal was held today at the Wright County Courthouse. Staff is anticipating the trial will take approximately 2-3 days. Staff is hoping to have a decision and or an outcome by February 2009. Couri noted that when he prepared the report he had intentions of putting the Xcel and Wright- Hennepin Franchise Agreements in the packet, but pulled them since his report because of other issues that have risen. The Franchise Agreements will be presented to Council at a future meeting. Upon hearing no additional comments or concerns, the Council proceeded to accept the city Attorney's Report dated Wednesday, December 10,2008 as presented in the December 15, 2008 City Council packet. M:\Public Data\City Council\Council Minutes\2008 Minutes\M 12-15-08 Approved.doc City of Albertville City Council Minutes December 15, 2008 Page 18 of 19 ADMINISTRA nON Accept the City Administrator's Written Report Mayor Klecker asked if the Council members had any questions or concerns regarding the City Administrator's Written Report that was included in the December 15, 2008 council packet. City Administrator Kruse informed the Council that Council member Berning and himself had met with members from S.E.H., which Kruse felt was productive. Kruse asked Council member Berning to consider serving as a representative along with another Council member to see the process through. Kruse then touched on what he anticipated would be discussed at the Wednesday, December 17, 2008 joint meeting with the City of St. Michael. General topics would be and not limited to are: Fire Contract, Library planning of the New Library, New Fitness/Senior Center, STMA Ice Arena, and FYCC. After listening to the City Administrator's additional comments regarding his report the Council proceeded to accept the City Administrator's Written Report dated December 11,2008 as presented in the December 15,2008 City Council packet. Review Resolution 2009-001 entitled 2009 Appointments Mayor Klecker asked the Council to take a look at the upcoming 2009 Appointments and discuss any Issues or concerns. Council member Berning made a comment about keeping Council member Fay on the STMA Ice Arena Board so there would be a consistent member on the board. Berning was not in favor of putting two new members on the board. Keeping at least one current member would be good for continuity purposes. CITIZENS OPEN FORUM - no comments ANNOUNCEMENTS and or UPCOMING MEETINGS Mayor Klecker asked the Council to review the upcoming meetings and calendar of events. December 2008 17 7:00 p.m. 22 6:00 p.m. 25 all day Jt. City Council meeting (Albertville-St. Michael @ St. Michael) Joint Powers Water Board meeting Christmas Day observed - City Offices closed M:\Public Data\City Council\Council Minutes\2008 Minutes\M 12-15-08 Approved.doc City of Albertville City Council Minutes December 15, 2008 Page 19 of 19 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * January 2009 1 all day 5 6:15 p.m. 5 7:00 p.m. 12 6:00 p.m. 13 7:00 p.m. 20 7:00 p.m. 26 6:00 p.m. February 2009 2 7:00 p.m. 9 6:00 p.m. 10 7:00 p.m. 16 all day 17 7:00p.m. 23 6:00 p.m. March 2009 2 7:00 p.m. 9 6:00 p.m. 10 7:00 p.m. 17 7:00 p.m. 23 6:00 p.m. ADJOURNMENT New Year's Day observed - City Offices closed Swearing in of the newly elected Council members City Council meeting STMA Ice Arena Board meeting Planning and Zoning Commission meeting City Council meeting .Joint Powers Water Board meeting City Council meeting STMA Ice Arena Board meeting Planning and Zoning Commission meeting Presidents' Day observed - City Offices closed City Council meeting Joint Powers Water Board meeting City Council meeting STMA Ice Arena Board meeting Planning and Zoning Commission meeting City Council meeting Joint Powers Water Board meeting MOTION BY Council member Wagner, seconded by Council member Berning to adjourn the Monday, December 15, 2008 regular City Council meeting at 9:20 p.m. Motion carried unanimously. R",,- k~~eL- Ron Klecker, Mayor ~~.~) Bridget Miller, CIty Clerk M:\Public Data\City Council\Council Minutes\2008 Minutes\M 12-15-08 Approved.doc Albertville City Council December 15, 2008 Public Attendance Record Page 1 Complete a "Request to Speak" card if you PRINT Name Address City want to speak to the council regarding an item that is not on the a2enda Jane Smith 1325 Any Street N E Albertville No - agenda item John Doe 1295 Your Street NE Annandale Yes - car(s) speeding ~ O-.V'- L\ fLL. Gc€M~']€:< 'co \\-e.~~h; t?J Jv'€ &. ~~~e\ ,.::0 - ~ e...-.{.Ct.. ~\~ UoDLt <S:ofsc/V5> Vi llfolf-1 :> 3e Sf- f'lC A t-&1<..tv i Ll~ )JO 1'- { M:\Public Data\City Council\2008 Public Hearing Attendance.doc