2010-04-19 CC Minutes A,lbertville
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ALBERTVILLE CITY COUNCIL
April 19, 2010
MINUTES
ALBERTVILLE CITY HALL 7:00 PM
PLEDGE OF ALLEGIANCE — CALL TO ORDER
Mayor Klecker called the meeting to order at 7:01 p.m. The pledge of allegiance was said.
ROLL CALL
PRESENT: Mayor Ron Klecker, Council members Larry Sorensen, Tom Fay, John Vetsch, and
Dan Wagner
OTHERS PRESENT: City Administrator Larry Kruse, City Engineer Adam Nafstad, City
Planner Al Brixius, City Clerk Bridget Miller, City Attorney Mike Couri, and Kern, DeWenter,
Viere CPA Matt Mayer
ABSENT: none
CITIZEN FORUM
Kurt Kill, Manager of the Albertville Burger King establishment located off of CSAH
19 /LaBeaux Avenue NE, began by informing the Council that Burger King received
correspondence from the City instructing them to remove the sidewalk that went from the
outdoor seating area to the roadway the runs in front of the establishment as it is in violation of
the Zoning Ordinance and the Planned Unit Development (PUD) Developer's Agreement.
In 2006, Burger King created an outdoor seating area for the patrons that visited the
establishment. Mr. Kill went on to explain that included with the outdoor seating area was the
installation of a sidewalk with the intention that the pedestrians would have a place to cross the
road connecting the Albertville Mall and the Burger King restaurant. Mr. Kill was under the
impression that the contractor had obtained the necessary permits but it was an oversight on
Burger King's assumption that the contractor had the necessary permits.
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After further review, Burger King was encouraged to submit a Development Application to
allow a sidewalk from the Mall to Burger King, which required the Albertville Premium Outlets
owner's signature. The application was considered incomplete because it did not have the
owner's approval or the required traffic study. Mr. Kill did receive the Traffic Study Report;
however, did not submit a copy to the City as it did not appear as if the Development Application
was going to be approved.
City Attorney Couri brought to the Council's attention that in 1999 the City approved a Planned
Unit Development (PUD) Developer's Agreement when the Albertville Premium Outlets
originally went through the development stages. The parcel that Dolphin Real Estate purchased
from the JMJ Properties, developers of the Albertville Premium Outlets, was included in the
PUD Developer's Agreement. According to the PUD Agreement, Dolphin Real Estate (Burger
King) must obtain the signature of the owner on the application.
As the discussion continued, it appeared that Burger King would most likely be looking at
removing the sidewalk. Mr. Kill acknowledged that Burger King received previous notification
to remove the sidewalk.
PRESENTATION OF THE 2009 AUDIT — KDV
Matt Mayer representing Kern, DeWenter, Viere, Ltd. (KDV) informed the Council that included
with the Council packet were three (3) financial documents. An Independent Auditor's Report, a
Management Letter, and a Comprehensive Annual Financial Report that would be referred to
throughout the presentation.
Mayer continued by acknowledging the fact that in 2008, Albertville submitted for the first time
a Comprehensive Annual Financial Report otherwise known as a CAFR. This document is
reviewed by the State of Minnesota Government Finance Officers Association. There are a
minimum number of government entities that submit a CAFR for the Achievement Award. It is
fortunate that Albertville was awarded this Certificate of Financial Reporting Achievement upon
their first submittal. Albertville City Council should take pride in receiving such an award. A
2009 CAFR has been completed and will be submitted for the potential of receiving the award
for the second time. Achieving such an award is beneficial when obtaining Government
Obligation Bonds or other financial aids the City may look for assistance in obtaining.
As Mayer proceeded with the review of the 2009 Audit, Mayer noted that the General Fund
Budget appeared to be in fairly good standing; however, the Council may want to consider
replenishing the Inter -fund Loan Activity. There are a few Inter -fund Loans that are supporting
other areas in the budget. KDV is recommending the Council re- review whether this is
temporary or if these inter -fund loans (sewer enterprise revenue) are going to be supporting the
City's financing for more than two (2) years. Mayer expressed a concern with the inter -fund
loans and the financial welfare of the City of Albertville.
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Council member Fay /Mayor Klecker motioned to accept the 2009 Comprehensive Annual
Financial Report, 2009 Annual Audit and 2009 Management Letter as presented.
AMENDMENTS TO THE AGENDA
The Monday, April 19, 2010 agenda was amended as follows:
Add: 8.J.1. Legal — Towne Lakes 6 Addition discussing the potential Amendment to the
Developer's Agreement
Council members Sorensen/Fay motioned to approve the Monday, April 19, 2010 regular
Albertville City Council agenda as amended: adding item 8.J.1. Legal — Towne Lakes 6th
Addition discussing the potential of an Amendment to the Developer's Agreement. Motion
carried unanimously.
MINUTES
April S, 2010 regular City Council minutes
Council members FayNetsch motioned to approve the Monday, April 5, 2010 regular City
Council minutes 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 official copy. Motion carried unanimously.
CONSENT AGENDA
CONSENT AGENDA
All items with an asterisk O 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.
There are four (4) items listed on the April 19, 2010 Consent Agenda that include: 8.E.1.
Authorize the Monday, April 19, 2010 Payment of Claims (bills) for check numbers 028265 to
028318 as presented except the bills specifically pulled, which are passed by separate motion;
8.F.1. City Clerk — Approve two (2) One -Day 3.2% Malt Liquor License applications that have
been submitted by Curt Gentile of Geez Sports Bar & Grill for the annual Broomball
Tournament that will be held at Central -City Park located at 5801 Lander Avenue NE for Friday,
January 29, 2010 from 6:00 p.m. -8:00 p.m.; Saturday, January 30, 2010 from 8:00 a.m. -10:00
p.m.; and, Sunday, January 31, 2010 from 10:00 a.m. -5:00 p.m.; and, 8.F.2. City Clerk —
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Approve the St. Michael Lions Minnesota Lawful Gambling LG220 Application for Exempt
Permit to conduct -sell Raffles tickets for an event that will be held at the STMA Ice Arena
located at 5898 Lachman Avenue NE within the Albertville city limits for an event that will take
place on May 22, 2010, in which a signed copy of the gambling permit will be kept on file in the
office of the City Clerk; and, 8.F.3. City Clerk - Approve three (3) One -Day 3.2% Malt Liquor
License applications that have been submitted by Wayne Becker Committee Chair of the Knights
of Columbus Council 4174 for the annual Friendly City Days event that will be held at Central -
City Park located at 5801 Lander Avenue NE with the specified times and dates as follows: 4:00
p.m. to 1:00 a.m. on June 11; 10:00 a.m. to 1:00 a.m. on June 12; and, 10:00 a.m. to 8:00 p.m. on
June 13
No items were removed from the Consent Agenda; therefore, was approved as submitted.
Exception was correcting the dates of the Geez Sports Bar & Grill two (2) One -Day 3.2% Malt
Liquor License dates from Friday, January 29, 2010 from 6:00 p.m. -8:00 p.m.; Saturday, January
30, 2010 from 8:00 a.m. -10:00 p.m.; and, Sunday, January 31, 2010 from 10:00 a.m. -5:00 p.m.
to a Kickball for Life benefit that will be held at Central -City Park located at 5801 Lander
Avenue NE for Saturday, May 22 from 8:00 a.m. -10:00 p.m.; Sunday, May 23 from 8:00 a.m. -
10:00 P.M.
Council members Vetsch/Sorensen motioned to approve the Monday, April 19, 2010 Consent
Agenda as presented that including 8.E. L; 8.F.1.; 8.F.2.; and, 8.1 Motion carried
unanimously.
DEPARTMENT BUSINESS
FINANCE DEPARTMENT
Authorize the Monday, April 19, 2010 Payment of Claims (bills) for check numbers 028265
to 028318 as presented except the bills specifically pulled, which are passed by separate motion
Council members Vetsch/Sorensen motioned to authorize the Monday, April 19, 2010 Payment
of Claims (bills) for check numbers 028265 to 028318 as presented; 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.
CITY CLERK
Approve two (2) One -Day 3.2% Malt Liquor License applications that have been submitted
by Curt Gentile of Geez Sports Bar & Grill during a Kickball for Life benefit that will be held at
Central -City Park located at 5801 Lander Avenue NE for Saturday, May 22 from 8:00 a.m. -
10: 00 p. m. ; Sunday, May 23 from 8:00 a.m. -10: 00 p. m.
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Council members Vetsch/Sorensen motioned to approve two (2) One -Day 3.2% Malt Liquor
License submitted by Curt Gentile. Motion carried unanimously.
Approve the St. Michael Lions Minnesota Lawful Gambling LG220 Application for Exempt
Permit to conduct -sell Raffles tickets for an event that will be held at the STMA Ice Arena
located at 5898 Lachman Avenue NE within the Albertville city limits for an event that will take
place on May 22, 2010, in which a signed copy of the gambling permit will be kept on file in the
office of the City Clerk
Council members Vetsch/Sorensen motioned to approve the St. Michael Lions Minnesota
Lawful Gambling LG220 Application for Exempt Permit as submitted. Motion carried
unanimously.
Approve three (3) One -Day 3.2% Malt Liquor License applications that have been submitted
by Wayne Becker Committee Chair of the Knights of Columbus Council 4174 for the annual
Friendly City Days event that will be held at Central -City Park located at 5801 Lander Avenue
NE with the specified times and dates as follows: 4:00 p.m. to 1:00 a.m. on June 11; 10:00 a.m.
to 1:00 a.m. on June 12; and, 10:00 a.m. to 8:00 p.m. on June 13
Council members Vetsch/Sorensen t motioned to approve three (3) One -Day 3.2% Malt Liquor
License applications submitted by Wayne Becker, Committee Chair of the Knights of Columbus
Council 4174. Motion carried unanimously.
LEGAL
Towne Lakes 6 rh Addition Developer's Agreement
City Attorney Couri reported that M & I Bank was hopeful of a potential buyer for the Towne
Lakes 6th Addition. M & I Bank is aware of the implementation or installations of improvements
for the development to be completed by the end of 2010. M & I Bank is looking for the Council
to extend the completion until 2011 or even 2012. With the current status of the economy,
selling property is not as fast as it had been in previous years. Couri noted that staff would
respond back to M & I Bank whether the Council would be flexible in regards to the extension of
the improvements that dealt with the second lift on a portion of 68 Street NE, Linwood Avenue
NE, planting of boulevard trees, and the construction of the roadway through the townhouse
proposed development.
Council appeared to be positive in the consideration to extend the improvements until 2011;
however, they would not go so far as 2012. Council would like staff to direct M & I Bank to
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clean up the site for ongoing maintenance, which would include and not be limited to the
mowing of the property.
ADMINISTRATION
Authorize the City Attorney to draft a Lease Agreement between the City of Albertville and
Acting Out Group for the 5975 Main Avenue NE City facility that will become effective July 1,
2010 and allowing the gals access to the facility prior to the date to prepare the building
City Administrator Kruse brought up the proposed Lease Agreement at the Monday,
April 5, 2010 regular Council meeting. Staff is looking for Council approval to move
forward with drafting a Lease Agreement for the Acting Out to lease the 5975 Main
Avenue NE City building.
It was noted that Acting Out would like to install wood flooring in the main portion of the
building known as the Council Chamber. Either Acting Out Group would absorb the costs
associated with the improvement; otherwise, the City would pay for it and include the $1,400 in
the monthly rent for at least twelve (12) months to reimburse the expense involved with the
building improvements.
Council members Wagner /Sorensen motioned to authorize the City Attorney to draft a Lease
Agreement between the City of Albertville and the Acting Out; authorizing the Mayor and City
Clerk to sign a Building Lease with Kristin Gordon and Array Nelson doing business as the
Acting Out Group. The terms of the lease shall be a month -to -month lease with a ninety (90)
day written notice to terminate at a rate of $1,546.57 per month plus $50 per month for building
insurance and $60 per month for Monument signage on CSAH 37 and Main Avenue NE for a
total of $1,656.57. A $750 monthly property tax payment shall be waived thru May, 2011. In
June 2011, the monthly rent will continue at $1,546.57 per month, along with the $50 per month
building insurance, $750 per month for property taxes and $60 per month for Monument signage
for a total of $2,406.67 per month. The Acting Out Group is authorized to occupy the building
just as soon as they sign the lease, show proof of insurance and make a one month security
deposit of $1,656.57. July's rent and succeeding month's rent shall be due by the 25 of the
preceding month July 1, 2010 and allowing the Acting Out Group access to the facility prior to
the date to prepare the building; and, allowing the installation of wood flooring in the main
portion of the building that either the Acting Out Group absorb the cost estimate of $1,400 to
complete the improvement or the $1,400 will be included in the monthly rent by approximately
$100 for the minimum of 1 -year.
Otsego came back with the date of Thursday, April 29` beginning at 8: 00 p. m. and held at the
Otsego City Hall for the Albertville- Otsego joint meeting
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Albertville City Council accepted the revised/re- scheduled date, time, and location of the
Albertville- Otsego joint meeting for the main purpose of discussing the CSAH 19 North and I -94
Improvement Project to be held on Thursday, April 29, 2010 beginning at 8:00 p.m. and will be
held at the Otsego City Hall. Mayor Klecker encouraged the Council members that would like to
carpool to remain at a minimum of two (2) members per vehicle to avoid the `Open Meeting
Law'.
ANNOUNCEMENTS and or UPCOMING MEETINGS
April 2010
26 6:00 p.m. Joint Powers Water Board meeting
29 8:00 p.m. Albertville- Otsego joint meeting (Otsego City Hall)
May 2010
3 5:30 p.m. 2010 Board of Equalization (Board of Review)
3 7:00 p.m. City Council meeting
10 6:00 p.m. STMA Ice Arena Board meeting
11 7:00 p.m. Planning and Zoning Commission meeting
17 7:00 p.m. City Council meeting
25 6:00 p.m. Joint Powers Water Board meeting
31 all day Memorial Day observed — City offices closed
1). Primary Election has been moved up to Tuesday, August 10, 2010 (per the
Minnesota Secretary of State Office)
2). General Election remains the first Tuesday in November (November 2, 2010) -
seats open on Council for the General Election are:
a. Mayor (Klecker) —filing for candidacy opens at 8:00 a.m. August 3, 2010
b. Council member (Wagner) —filing for candidacy opens at 8:00 a.m. August 3, 2010
e. Council member (Fay) —filing for candidacy opens at 8:00 a.m. August 3, 2010
ADJOURNMENT
Mayor Klecker asked if there was any other business for discussion. Upon hearing no other
business invited the Council to make a motion to adjourn the April 19, 2010 regular City Council
meeting.
Council members Sorensen/Wagner motioned to adjourn the Monday, April 19, 2010 regular
City Council meeting at 9:00 p.m. Motion carried unanimously.
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