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ALBERTVILLE CITY COUNCIL
May 3, 2010
MINUTES
ALBERTVILLE CITY HALL
CALL TO ORDER — PLEDGE OF ALLEGIANCE
Mayor Klecker called the meeting to order and led in the Pledge of Allegiance.
ROLL CALL
7:00 PM
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, Utilities Department
Superintendent John Middendorf, Finance Director Tina Lannes, and League of Minnesota Cities
Attorney Jason Kuboushek
ABSENT: none
AMENDMENTS TO THE AGENDA
The Monday, May 3, 2010 agenda was amended as follows:
City Attorney Couri requested to add item 10.B. under Closed Session — Lamar Litigation
Update
CMs Sorensen/Wagner motioned to approve amendments made to the May 3, 2010 agenda
adding 10.B. Lamar Litigation Update under the Closed Session. Motion carried unanimously.
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City of Albertville
City Council Minutes
May 3, 2010
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MINUTES
Consider the following April 19, 2010 regular City Council minutes
CMs WagnerNetsch motioned to approve the April 19, 2010 regular Council minutes as
presented, the signed copy will be scanned and retained as the official City record. Motion
carried unanimously.
CONSENT AGENDA
CONSENT AGENDA
All items with an asterisk () 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 is one (1) item listed on the May 3, 2010 Consent Agenda that includes: 8.E.1. Authorize
the Monday, May 3, 2010 Payment of Claims (bills) for check numbers 028323 to 028375 as
presented except the bills specifically pulled, which are passed by separate motion.
CMs Vetsch/Fay motioned to approve the May 3, 2010 Consent Agenda item 8.E.1. Payment of
Claims as presented. Motion carried unanimously.
DEPARTMENT BUSINESS
PUBLIC WORKS DEPARTMENT
Acknowledge the upcoming "Explore Your Parks " event that will take place on Friday, May 14rh
from 6 p. m. to 8 p.m. five (5) local parks will be featured throughout the evening: Winter
Park, Westwind Park, Four Seasons Park, Oakside Park, and Villas Park
Council member Sorensen informed the Council that the Parks and Recreation Committee is
hosting an `Explore Your Parks' event. There will be a member at each of the parks listed above
with possible games or activities during the evening. It is an attempt to get the community out to
explore the parks within Albertville.
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City Council Minutes
May 3, 2010
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UTILITIES DEPARTMENT
Approve the purchase of a new control panel, pumps, and check valves for the upgrade of
Industrial Park Lift Station
Utilities Department Superintendent Middendorf gave a PowerPoint presentation on the
Industrial Park Lift Station pump replacement project. Middendorf displayed photos of the
control panel and other equipment that was in a confined space below the ground and is
outdated. Middendorf pointed out what equipment would be removed or replaced noting that the
check valves would remain.
Middendorf estimated that the control panel, pumps, and check valve were about 25-30 years old
and is becoming more and more of a challenge to find parts to repair the equipment.
Middendorf listed the benefits of updating the pieces of equipment and the potential cost savings
to the City. A couple of the points Middendorf shared with the Council were new pumps will be
more efficient and updated technology will benefit the City along with less maintenance
lowering the amount of labor in half. Middendorf stated that the department has been budgeting
for the upgrade for the past few years, so there is money to purchase the panel, pumps, and check
valves.
CMs Wagner/Sorensen motioned to authorize the purchase of a new control panel, pumps, and
check valves for the upgrade of the Industrial Park Lift Station with designated funds in the
Budget, costs associated are listed below:
Control Panel:
Sweeney Panel built to Albertville specifications with allowances for modifications to existing
telemetry system..............................................................................$27,1 00
Pumps:
Two Flygt CT3127............................................................................$155800
Check Valves:
Two new check valves, two 45 bends, gaskets, nuts bolts, four filler flanges......... $3,011
Motion carried unanimously.
BUILDING DEPARTMENT
Monthly Written Reports
City Council accepted the Building Official's Report for the months of January, February, and
March 2010.
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FINANCE DEPARTMENT
Authorize the Monday, May 3, 2010 Payment of Claims (bills)
CMs Vetsch/Fay motioned to authorize the Monday, May 3, 2010 Payment of Claims (bills) for
check numbers 028323 to 028375 as presented that will be 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.
Finance 1 sr Quarterly Update
Finance Director Lannes gave a very brief overview of the financial status of the City's funds.
CITY CLERK
City Clerk Miller updated the Council on the status of the liquor licenses that are held by various
establishments throughout Albertville. Miller noted that all licenses have been approved by the
City and the State. There are three (3) establishments with a 2 AM Closing that include Geez
Sports Bar & Grill, the 152 Club who applied recently, and Major's Sports Cafe that was
currently operating under the previous licensee. Miller brought to the Council's attention the
simple fact that the 2 AM licenses don't expire at the same time as the On -Sale or Sunday liquor
license.
PLANNING
Adopt (approve) Resolution No. 2010-009 (1) entitled a Resolution approving a variance to
allow a billboard be placed closer than 1, 000 feet to another such advertising device and
approving a variance to the required 20 foot side and rear yard setbacks, located at 5701
Mackenzie Avenue NE within the City of Albertville
OR
Adopt (approve) Resolution No. 2010-009 (2) entitled a Resolution denying a variance to allow
a billboard be placed closer than 1, 000 feet to another such advertising device and denying a
variance to the required 20 foot side and rear yard setbacks, located at 5701 Mackenzie Avenue
NE within the City of Albertville
City Planner Brixius did not go into as much background with the variances related to the Lamar
Advertising billboard. Brixius stated an error of issuing permits for two (2) billboards for the
same location were disbursed.
Brixius continued by reviewing the difference between the two (2) resolutions for Council to
consider. One resolution is adopting or approving the variance to allow a billboard to be placed
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closer than 1,000 feet from another such advertising device; and, allowing a variance to the
required 20 foot side and rear yard setbacks. The second resolution is to DENY both the 1000-
foot variance and the 20-foot side and rear yard setback variance.
Jessica Rivas representing Lamar Advertising informed the Council that Lamar staff has done
their best to communicate and work out the location of a billboard with Mr. Morris. What Lamar
presented to Morris did not meet Mr. Morris' expectations. Mark Devore was present to speak
on Lamar Advertising's behalf. Mr. Devore noted that Lamar demonstrated to Mr. Morris the
potential of moving the billboard as far north and east as possible to still make it visible from I-
94.
In summary, Lamar Advertising reported they are looking to the Council for any other
reasonable location within the site to place the billboard. Lamar wants to retain the customer -
client relationship between Mr. Morris and Lamar Advertising.
Ms. Rivas then asked if the Council had any other suggestions for settling the current litigation
with Lamar. Staff made a suggestion to go into a closed session for the purpose of discussing
other possible settlement options related to the Lamar Litigation.
Motion made by Mayor Klecker to table this topic until the next City Council meeting and
discuss the new information on the Lamar Litigation during a closed session later this evening.
No second to the motion was made; therefore, the motion died.
Motion made by CM Vetsch to adopt (approve) Resolution No. 2010-009 (1) entitled a
Resolution approving a variance to allow a billboard be placed closer than 1,000 feet to another
such advertising device and approving a variance to the required 20 foot side and rear yard
setbacks located on MacKenzie Avenue NE within the Albertville city offices OMITTING the
5701 property address. No second to the motion was made; therefore, the motion died.
CMs Sorensen/Wagner motioned at 8:06 p.m. to close the regular City Council meeting for the
purpose of the Attorney -Client Information updating the Council on the City vs. Lamar
Advertisement. Motion carried unanimously.
CMs Wagner/Sorensen motioned at 8:20 p.m. to reconvene the regular May 3, 2010 City
Council meeting. Motion carried unanimously.
CMs Wagner/Sorensen motioned to adopt (approve) Resolution No. 2010-009 (2) to DENY a
variance to allow a billboard be placed closer than 1,000 feet to another such advertising device
and DENY a variance to the required 20 foot side and rear yard setbacks located on MacKenzie
Avenue NE within the Albertville city limits OMITTING the 5701 property address. Roll call:
Wagner, Klecker, and Sorensen voted aye; Fay and Vetsch voted nay. Motion carried.
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ENGINEERING
Pavement Management Plan Update (PowerPoint presentation followed by discussion)
City Engineer Nafstad gave a PowerPoint presentation that informed the Council the condition of
the streets throughout Albertville. A few of the bullet points Nafstad reported in relationship to
the Pavement Management Plan were: Prolong the Pavement or Life of a Road; Minimize or
Lower Maintenance Cost; and Development of a Five (5) Year Plan to Budget for Future Road
Improvements.
Currently, the City is working with budget constraints for road improvement costs and expenses.
Staff realized there appears to be a more apparent need for street repairs than expected. Putting
together a Strategic Pavement Management Plan is being proposed by the City Engineer and the
Public Works Supervisor. Over the past couple of months, staff has conducted an extensive
inventory of all the roads throughout Albertville. Time has been taken to evaluate the condition
of the individual streets, the length or time the street was constructed, when the last a sealcoat or
overlay was completed. As an outcome of the information collected by staff, a form was created
to document future maintenance of roads -streets within Albertville.
2010 Street Improvement Project (discussion relating to proposed Street Overlay and Sealcoat
planning)
In conjunction with the above presentation on the Pavement Management Plan, staff continued
with the 2010 Street Improvement Project. A motion was made.
CMs Sorensen/Fay motioned to direct staff to prepare Plans and Specifications for the 2010
Street Improvements and Authorized the Advertisement of the Project for Bids that will be
presented to the Council at a future meeting. Motion carried unanimously.
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LEGAL
Accept the City Attorney's Report dated April 22, 2010
City Attorney Couri noted that since the report was written, staff has received updated
information regarding the closed session item regarding the Leuer-Munsterteiger and Crow 95
Assessment Appeal.
Request Don Barthel return $14, 521.24 in TIF payments from the City that have not been
substantiated with qualifying receipts
CMs Wagner/Sorensen motioned to request City Attorney Mike Couri write Don's Bus a letter
requesting he return $14,521.24 in TIF No. 9 payments that were paid to him by the City of
Albertville but lacked the required documentation and qualifying receipts. Documentation of
qualifying expenditures must be provided to the City or funds paid within 30 days. Motion
carried unanimously.
ADMINISTRATION
Set Monday, May 17, 2010 at 7: 00 p. m. or soon thereafter to hold a Public Hearing with Respect
to the Issuance of Revenue Bonds Under Minnesota Statutes, Chapter 462c, as Amended, for the
Financing of a Multifamily Housing Development at Albertville City Hall located at 5959 Main
Avenue NE
City Administrator Kruse reported the City is being asked to issue conduit debt to facilitate the
purchase and remodeling of Albertville Meadows Apartments.
CMs Sorensen/Wagner motioned to set Monday, May 17, 2010 as a Public Hearing for the
purpose to hear public comments regarding the Issuance of Revenue Bonds Under Mn Statutes,
Chapter 462c for the Financing of a Multi -family House Development. Motion carried
unanimously.
ANNOUNCEMENTS and or UPCOMING MEETINGS
May 2010
8 7:00 a.m. Annual Spring Clean-up Day (St. Michael)
10 6:00 p.m. STMA Ice Arena Board meeting
11 7:00 p.m. Planning and Zoning Commission meeting
14 6:00 p.m. "Explore Your Parks" event
17 7:00 p.m. City Council meeting
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24 all day Memorial Day observed — City offices closed
25 6:00 p.m. Joint Powers Water Board meeting TUESDAY
June 2010
7 7:00 p.m.
8 7:00 p.m.
9-13 varies
11
14 6:00 p.m.
21 7:00 p.m.
28 6:00 p.m.
July 2010
5
all day
6
7:00 p.m.
12
6:00 p.m.
13
7:00 p.m.
19
7:00 p.m.
26
6:00 p.m.
City Council meeting
Planning and Zoning Commission meeting
Friendly City Days
Albertville -St. Michael softball tournament
STMA Ice Arena Board meeting
City Council meeting
Joint Powers Water Board meeting
Independence Day observed — City offices closed
City Council meeting TUESDAY
STMA Ice Arena Board meeting
Planning and Zoning Commission meeting
City Council meeting
Joint Powers Water Board meeting
1). Primary Election could be moved up to August 10, 2010
a. Filing opens August 3, for the following seats open on Council:
(1) Mayor
(2) Council member Wagner
(3) Council member Fay
MOTION TO CLOSE THE REGULAR CITY COUNCIL MEETING FOR THE
PURPOSE OF GOING INTO A CLOSED SESSION TO DISCUSS and UPDATE THE
COUNCIL ON THE TWO (2) ITEMS LISTED BELOW (allow time to clear the Council
Chamber)
A. Alpine Homes — relating to the Prairie Run Litigation
B. Leuer-Munsterteiger and Crow 95 Properties — Court Decision on the Litigation
C. Lamar Advertising Litigation Update (added and discussed earlier during the meeting)
CMs Vetsch/Sorensen motioned at 9:37 p.m. to close the regular City Council meeting for the
purpose of the Attorney -Client Information updating the Council on the City vs. Alpine Homes
as it pertains to the Prairie Run Development; the City vs. Leuer-Munsterteiger and City vs.
Crow 95 Properties regarding the Court decision on the Litigation as it relates to the CSAH
Special Assessment Appeal. Motion carried unanimously.
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MOTION TO RECONVENE THE REGULAR CITY COUNCIL MEETING
CMs Sorensen/Wagner motioned at 10:28 p.m. to reconvene the regular May 3, 2010 City
Council meeting. Motion carried unanimously.
ADJOURNMENT
CMs Vetsch/Sorensen motioned to adjourn the Monday, May 3, 2010 regular City Council
meeting at 10:30 p.m. Motion carried unanimously.
Bridget Miller, City Clerk (recording secretary)
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