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2010-09-07 CC Minutes A bcrtvi 1Jc Small Town *Am. l by liter. ALBERTVILLE CITY COUNCIL September 7, 2010 MINUTES ALBERTVILLE CITY HALL 7:00 PM CALL TO ORDER — PLEDGE OF ALLEGIANCE The meeting was called to order followed by the Pledge of Allegiance. ROLL CALL PRESENT: Mayor Ron Klecker, Council members Tom Fay, Larry Sorensen, Dan Wagner, and John Vetsch OTHERS PRESENT: City Administrator Larry Kruse, City Attorney Mike Couri, Finance Director Tina Lannes, and City Engineer Adam Nafstad ABSENT: City Clerk Bridget Miller and City Planner Alan Brixius RECOGNITIONS — PRESENTATIONS — INTRODUCTIONS Mayor Klecker introduced Amy Nelson and Kristen Gordon of Acting Out and large group of Children performing in the Show Choir with hits from Glee. Kristen stated they wanted to thank the Albertville City Council for the opportunity renting the former City Hall to use as their new studio. The kids performed two songs for the Mayor and Council. After the brief performance, Mayor Klecker stated he had been on the City Council for eight years and this was the best start of any meeting he had attended. The Acting Out performers is holding a dinner and Glee show at the Monticello Middle School on September 18 and 19 Kristen thanked the Council and City staff for all the help establishing their new business. Mayor Klecker praised the kids and coaches for their talent and wished them the very best! CITIZENS FORUM None M:\Public Data \City Council \Council Minutes \2010 Minutes\M 09- 07 -101k approved.doc City of Albertville City Council Minutes September 7, 2010 Page2of7 AMENDMENTS TO THE AGENDA The Tuesday, September 7, 2010 agenda was amended as follows: CMs Wagner /Sorensen motioned to approve the Tuesday, September 7, 2010 agenda adding City Attorney Couri's request to place the Disorderly House Ordinance on the agenda and Council member Sorensen's request to add "recognitions" to the agenda. Motion carried unanimously. DEPARTMENT BUSINESS FINANCE DEPARTMENT Authorize the Tuesday, September 7, 2010 Payment of Claims (bills) for check numbers 028795 to 028842 as presented CMs Vetsch/Fay motioned to authorize the Tuesday, September 7, 2010 Payment of Claims (bills) for check numbers 028795 to 028842 in the total amount of $35,054.53 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. Approve Resolution No. 2010 -023 accepting the 2011 Preliminary Levy and Approve Resolution No. 2010 -024 accepting the 2011 Preliminary Budget CMs Sorensen/Wagner motioned to approve Resolutions No. 2010 -023 entitled a Resolution Adopting the 2010 Tax Levy Collectible in 2011- total levy amount of $3,096,081; and Resolution No. 2010 -024 entitled a Resolution Adopting the 2011 Preliminary Budget as on file in the Finance Director's Office. Motion carried with CM Vetsch voting nay. Accounts Receivable Status Update Finance Director Lannes reviewed the outstanding accounts receivable and fielded questions. M:\Public Data \City Council \Council Minutes \2010 Minutes\M 09- 07 -101k approved.doc City of Albertville City Council Minutes September 7, 2010 Page 3 of 7 CITY CLERK Approve August 16, 2010 regular City Council minutes CMs Sorensen/Fay motioned to approve the Monday, August 16, 2010 regular Council minutes as presented, the signed copy will be scanned and retained as the official City record. Motion carried unanimously. CITY COUNCIL Update on the Joint Powers Water Board meeting held on August 23, 2010 Mayor Klecker gave a brief report stating Joint Powers staff has been testing the new underground aquifer storage and is seeking approval from the Department of Health to bring the new aquifer system on line. PLANNING None ENGINEERING Accept the Engineer's Recommendation for Reduction in Albertville Townhomes Letter of Credit CMs Sorensen/Fay motioned to authorize reducing the Letter of Credit No. 290 to no less than $20,700 conditioned upon any outstanding balances owed to the City being paid in full. Motion carried unanimously. LEGAL Approve Ordinance No. 2010 -006 related to Imposing the Costs of Reinstalling Wetland Buffer Signs on the Property Owner City Attorney Couri presented a new ordinance that would allow the City to charge a fee to replace Wetland Buffer Signs, which are sometimes removed by homeowners. The wetland buffer signs mark the edge of wetland buffer areas, which are to be left wild. Many times residents want to expand their lawn and even install structures in the wetland buffer area. Couri noted that wetland buffers can occasionally be mowed to control noxious weeds, but cannot be mowed and maintained as a part of the lawn. The buffer area is there to protect the wetland. The Minnesota Pollution Control Agency has stipulated the City must protect these wetland buffer M:\Public Data \City Council \Council Minutes \2010 Minutes\M 09 -07 -10 lk approved.doc City of Albertville City Council Minutes September 7, 2010 Page 4 of 7 areas as a part permitting our Waste Treatment Plant. In some cases homeowners have repeatedly removed signs and this can get expensive to keep replacing them. The Council was concerned that some people might not be aware of the wetland buffer requirement and be surprised when the City replaces the signs and send them a bill. The Council requested staff publish information in the next newsletter and on the web site to better inform residents to leave the signs alone and other than controlling weeds, advise residents to stay out of the wetland buffer areas. The Council suggested giving residents a brief period of time to replace the signs or work with staff to replace the signs. Then in the future, the City could charge the homeowner to replace the sign. CMs Sorensen/Fay motioned to table Ordinance No. 2010 -006 entitled an Ordinance Imposing the Costs of Reinstalling Wetland Buffer Signs on the Property Owner and first attempt to educate the public about the situation. Further, to bring the Ordinance back to the Council in a few months for reconsideration. Motion carried unanimously. Approve Ordinance No. 2010 -007 providing or recycling charges on city utility p g.f Y g g tY tY bills CMs Sorensen/Vetsch motioned to approve Ordinance No. 2010 -007 entitled an Ordinance Providing for Recycling Charges on City Utility Bills. Motion carried unanimously. Notice to Wright Hennepin and Xcel of the City's intent to adopt an Electric Franchise fee City Attorney Couri presented the City Council with two ordinances to implement Electric Franchise fees. City Administrator Kruse stated the goal discussed by the Council is to generate adequate revenue to pay for street lighting costs and utility related projects such as burying underground electric systems. Couri stated, the uses of electric franchise revenue is not limited to utility uses and can be used for any general fund purpose. Kruse shared a report showing the amount of money generated by the following classes: residential, Small Commercial and Industrial (C &I); Small C& I Demand; Large C &I and Public. Couri noted the recently negotiated Franchise Agreements require the franchise fee to be a flat fee for various classes based on a percent of gross electric revenue. The Council discussed that the method required by the Franchise Agreement results in large commercial and industrial properties paying significant amounts compared to residential and small commercial. After much discussion, the Council requested staff to send the notice of intent to implement the electric franchise fee to the Wright Hennepin and Xcel, and request an amendment to the Franchise Agreement allowing the Council to set a maximum on certain Commercial and Industrial classes. CMs Sorensen/Fay motioned to give Notice to Wright Hennepin Electric Coop and Xcel Energy seeking a 3.5% per month electric franchise fee on all classes of electric accounts, with a M:\Public Data \City Council \Council Minutes\2010 Minutes\M 09- 07 -101k approved.doc City of Albertville City Council Minutes September 7, 2010 Page5of7 maximum of $10 per month on all light commercial and industrial accounts and a $20 per month fee on all large commercial and industrial in Connection with the Provision of Electric Utilities Franchise Agreements in the City of Albertville. Motion carried unanimously. Town Lakes 6th and 7 Development Agreement Amendment City Attorney Couri reported that Kilber Section 36 LLC, a developer from Bismarck, North Dakota will purchase the Towne Lakes 6 and 7th Additions from M &I Bank conditioned on certain amendments to the Development Agreement. Couri went through the requested changes and stated staff has worked through all issues and recommends approval of the changes which include Kilber completing the remaining municipal improvements and tying some to when building permits are approved. CMs Vetsch/Sorensen motioned authorize the Mayor and City Clerk to Amend the Towne Lakes 6 and 7 Development Agreement as on file in the City Clerk's office. Motion carried unanimously. LaBeaux Station Development Agreement Amendment City Attorney Couri reported that 21 Century Bank has now taken over ownership of the LaBeaux Station Development and would like to finish the majority of the public improvements and defer some items to when a building permit is obtained. Staff has worked through all of the issues and recommends approval of the changes that include 21 Century Bank completing the sidewalk and boulevard on 57 Street N.E. CMs Sorensen/Fay motioned to authorize the Mayor and City Clerk to sign the amendment to the LaBeaux Station Development Agreement as on file in the City Clerk's Office. Motion carried unanimously. Report on Ordinance No. 2010 -005 disorderly conduct on rental property In response to a question from the previous meeting about expediting enforcement on disorderly conduct on rental property. City Attorney Couri reported that he had looking into ways to expedite action when the City encounters problems with rental properties. Couri reported the City could take action on a first warning, but advised the Council that the Court would likely want to see an actual conviction or history of problems before taking any strong action against an owner. If the court finds the City did an enforcement action improperly, the owner could seek damages from the City. Couri advised the Council to deal with these on a case by case basis, but to not rush to an enforcement action which could create a liability for the City. M:\Public Data \City Council \Council Minutes \2010 Minutes\M 09 -07 -10 Ik approved.doc City of Albertville City Council Minutes September 7, 2010 Page 6 of 7 ADMINISTRATION Recycling Proposals City Administrator Kruse updated the Council on the Request for Proposals for recycling services. Kruse reviewed a number of comments received since ACE Solid Waste began to implement their own recycling program, which is contrary to the City's goal to not have multiple trucks driving through residential neighborhoods all doing the same job. The Council discussed recycling at great length and agreed to continue seeking proposals for both single stream and dual stream recycling. Mayor Klecker appointed Council member Vetsch and Sorensen to work with City staff to bring back a recommendation on a recycling service provider. Set date for Joint Albertville- Otsego on 1-94 Funding City Administrator Kruse reported that the City of Otsego is available to meet to discuss their participation in the I -94 project on Monday, September 13 following their regular council meeting. CMs Wagner /Sorensen motioned to set notice a meeting whereby Council members will meet at the Albertville City Hall at 8:00 p.m. on Monday, September 13 and proceed to go to the Otsego City Hall and meet with the Otsego City Council at approximately 8:30 p.m. to seek Otsego's financial commitment to the 1 -94 Interchange Project. Motion carried unanimously. Recognitions Council member Sorensen asked that the Council and staff seek out Albertville residents and recognize their achievements. For example, Brandon Psyk won the National 50 lbs Wrestling Title this summer in Orem, Utah. The Council agreed and Mayor Klecker asked everyone to try and seek out these achievers and let's recognize them. ANNOUNCEMENTS and or UPCOMING MEETINGS September 2010 7 7:00 p.m. City Council meeting TUESDAY 13 6:00 p.m. STMA Ice Arena Board meeting 15 7:00 p.m. Planning and Zoning Commission meeting - WEDNESDAY 20 7:00 p.m. City Council meeting 27 6:00 p.m. Joint Powers Water Board meeting M:\Public Data \City Council \Council Minutes \2010 Minutes \M 09- 07 -101k approved.doc City of Albertville City Council Minutes September 7, 2010 Page 7 of 7 October 2010 4 7:00 p.m. City Council meeting 11 6:00 p.m. STMA Ice Arena Board meeting 12 7:00 p.m. Planning and Zoning Commission meeting 18 7:00 p.m. City Council meeting 25 6:00 p.m. Joint Powers Water Board meeting November 2010 2 7:00 a.m. General Election (polls open) 2 8:00 p.m. General Election (polls close) 3 7:00 p.m. City Council meeting — canvass election results 7 2:00 a.m. Daylight Savings ends - USA 8 6:00 p.m. STMA Ice Arena Board meeting 9 7:00 p.m. Planning and Zoning Commission meeting 11 all day Veterans' Day observed — City offices closed 15 7:00 p.m. City Council meeting 22 6:00 p.m. Joint Powers Water Board meeting 25 all day Thanksgiving Day observed — City offices closed 26 all day Harvest Friday observed — PW-1JD closed 29 6:00 p.m. Albertville-St. Michael-Dist. 885 Board meeting (to be held at the STMA School Board room) ADJOURN CMs Sorensen/Wagner motioned to adjourn the Tuesday, September 7, 2010 regular City Council meeting at 10:00 p.m. Motion carried unanimously. qp Larry Kruse, Ci dministrator (recording secretary) M:\Public Data \City Council\Council Minutes\2010 Minutes\M 09-07-10 lk approved.doc J''■)'•)'• Albertville City Council Albertville September 7, 2010 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 agenda Jon Doe 10295 Your Street NE Annandale Agenda item Jane Smith 1579 Albertville Av NE Albertville Yes - speeding cars M:\Public Data \City Council \2010 Public Attendance.doc Albertville City Council Albertville 5 NTown tMnp.!Ip[Ry W. September 7, 2010 Public Attendance Record Page 1 Complete a "Request to Speak" card if you PRINT Name Add City want to speak to the council regarding an item that is not on the agenda Jon Doe 10295 Your Street NE Annandale Agenda item Jane Smith 1579 Albertville Av NE Albertville Yes - speeding cars M:\Public Data \City Council \2010 Public Attendance.doc