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2010-12-20 CC MinutesA�Ibcrtvillc sama TLh*KLNOtuWAS. ALBERTVILLE CITY COUNCIL December 20, 2010 MINUTES ALBERTVILLE CITY HALL CALL TO ORDER — PLEDGE OF ALLEGIANCE 7:00 PM The regular bi-monthly meeting of the Albertville City Council was called to order followed by the pledge. ROLL CALL PRESENT: Mayor Ron Klecker, Council members Dan Wagner, John Vetsch, Tom Fay, and Larry Sorensen STAFF MEMBERS PRESENT: City Administrator Larry Kruse, Assistant City Attorney Sarah Schwarzhoff, City Engineer Adam Nafstad, City Clerk Bridget Miller, City Planner Alan Brixius, and Finance Director Tina Lannes ABSENT: City Attorney Mike Couri arrived approximately 7:20 p.m. RECOGNITIONS — PRESENTATIONS — INTRODUCTIONS Eagle Scouts Recognition Mayor Klecker was pleased to announce to the Council and members of the audience that there are (3) scouts that earned their Eagle Scout status. The first one recognized was Matt Hilden who most recently received the Eagle Scout Badge. Matt shared with Mayor Klecker and the members the project he worked on, which was building a structure for one of the local churches. The facility will benefit the community for years to come. The next scout that was recognized was Andrew Zipp. The project he coordinated and completed was an inspirational garden on the grounds of a local church. The community is sure to enjoy the garden as they sit and view the works of the God. The last scout was Daniel Wallerius. Mayor Klecker informed Dan that he received his certificate during his Eagle Scout ceremony. Klecker was happy to be a part of the ceremony. City of Albertville Council Agenda December 20, 2010 Page 2 of 14 Daniel reported he created a science -type garden at the Albertville Primary School. This is an outdoor type of classroom for the youngsters attending the school can enjoy and learn. As a final note, Mayor Klecker informed all three scouts that he is very proud to have them as members of the community. The projects they have completed will be a benefit to the community for years to come. Klecker wished the scouts the best in their future endeavors. CAFR Recognition Mayor Klecker was pleased to announce that for the second year, the Certificate of Achievement for Excellence in Financial Reporting has been awarded to City of Albertville by the Government Finance Officers Association of the United States and Canada (GFOA) for its comprehensive annual financial report (CAFR). The Certificate of Achievement is the highest form of recognition in the area of governmental accounting and financial reporting, and its attainment represents a significant accomplishment by a government and its management. When notified, Mayor Ron Klecker stated he is very proud of the City for achieving this financial recognition and credits Tina Lannes, Finance Director for her hard work and professionalism in achieving this award! The Certificate has been awarded to Finance Director Tina Lannes representing the City of Albertville as the person primarily responsible for preparing the award -winning financial report. Only 10% of the cities and counties in the U.S.A and Canada currently have reached this achievement level. Albertville's CAFR was judged by an impartial panel to meet the high standards of the program including demonstrating a constructive "spirit of full disclosure" to clearly communicate its financial story. The GFOA is a non-profit professional association serving approximately 17,500 government finance professionals with Offices in Chicago, IL and Washington, D.C. Mayor Ron Klecker and Council member Tom Fay recognition Last area for recognition was the outgoing Mayor and Council member. Council member Sorensen read off a Proclamation honoring Mayor Klecker for his several years of devoted and dedicated service to the Albertville community. Klecker served in the various capacities as a Planning Commission member, Council member, and Mayor. Klecker is a role model for others to follow in his willingness to become involved and serve on the various boards to make sure the developments and guidelines are appropriate for the community's needs. Council member Vetsch shared the Proclamation honoring Council member Fay for his areas of devoted and dedicated years of service to the City of Albertville. Fay has been a member of Albertville for many years. Fay becoming interested in serving on the Planning and Zoning Commission grew to a willingness to serve on the Council. Fay reviewed each development M:\Public Data\City Council\Council Minutes\2010 Minutes\bm drafts (unapproved)\M 12-20-10 bm draft.doc Meeting Date: January 3, 2011 City of Albertville Council Agenda December 20, 2010 Paup I of 1 d with the citizens of Albertville's interest at heart. Fay has the knowledge of how the community grew over the years. The approval of developments that occurred under his years of service were carried out with successfully. CITIZENS FORUM none AMENDMENTS TO THE AGENDA Mayor Klecker asked for amendments to the agenda, which there were no adjustments to be made. CMs Vetsch/Sorensen motioned to approve the Monday, December 20, 2010 agenda as presented. Motion carried unanimously. DEPARTMENT BUSINESS FINANCE DEPARTMENT Authorize the Monday, December 20, 2010 Payment of Claims (bills) Council member Sorensen had a question regarding check number 029194 and 029213. Lannes explained that 029194 she did not have the full information on the invoice as to exactly what was purchased; however, Lannes would ask Supervisor Guimont the complete information. Lannes reported that check no. 029213 was for sharpening blades for the Public Works Department. CMs Sorensen/Fay motioned to authorize the Monday, December 20, 2010 Payment of Claims for check numbers 029190 to 029246 in the amount of $115,355.57 as presented and for any year-end payments through December 31, 2010, 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 amendments to the 2009 Personnel Policy related to part-time employee's Finance Director Lannes began by explaining in order for the City to provide pro -rated benefits to the Building Official and City Clerk during the period of time that their hours are being reduced to 30 hours per week, it is necessary to amend the Personnel Policy. Staff prepared a document that outlines a number of Personnel Policy changes recommended that would set the standard for all pro -rated benefits at a regularly scheduled workweek of at least 30 hours but less than 40 hours. M:\Public Data\City Council\Council Minutes\2010 Minutes\bm drafts (unapproved)\M 12-20-10 bm draft.doc Meeting Date: January 3, 2011 City of Albertville Council Agenda December 20, 2010 Page 4 of 14 Prior to the time the City moved to the new City Hall at 5959 Main Avenue NE; there were two (2) individuals that job shared one (1) at the front desk. At the time it was perceived as a good idea; however, it didn't work very well and was changed it to one (1) full-time position. The section of the Personnel Policy that dealt with providing pro -rated holidays to part-time employees with just 20 hours was never changed. Earlier this year, the City Council reduced the Building Technician workweek schedule to 20 hours per week that qualified the employee under our policy for pro -rated holidays. Now that all STMA Arena employees fall under the City, they too may qualify for holiday pay unless the policy is changed. You will note that the attached policy recommendation is to grandfather in the Building Technician regarding pro -rated Holidays through December 31, 2011. Council member Sorensen inquired how many STMA Ice Arena employees this would apply towards. Finance Director Lannes reported there are a number of part-time employees that work at least 20 hours per week at the Ice Arena. Sorensen wanted clarification if the Permit Tech was getting holiday pay now. Finance Director Lannes informed Sorensen that it was included in the 2010 budget for holiday pay for the Permit Tech. CMs Fay/Sorensen motioned to approve the amendments to the 2009 Personnel Policy that would address part-time employment as outlined below and on file in the Finance Director's Office. The Building Technician Position is grandfathered in pro -rated holiday through December 31, 2011. Motion carried unanimously. Updates to the 2009 City of Albertville Personnel Policy (All changes or additions are in bold) 1. Update Section 8.0 - Holidays - Subsection A to state "The Legal Holidays to be observed for all City Employees is passed by Resolution annually. Legal Holidays will be observed by all City Employees as one (1) eight (8) hour day for each legal holiday approved by council. All city employees may be required to use vacation time when they are following the four (4) ten (10) work week schedule. To receive holiday pay the employee must work the scheduled day before and after the holiday." 2. Update Section 8.0 — Holidays- Subsection F to state "Any part-time employee, other than seasonal, casual, temporary or recreational, whose employment is indefinite duration and consists of a regularly scheduled workweek of at least thirty (30) hours but less than forty (40) shall receive prorated hours of pay for each holiday set forth in subsection (a) of this section for the pay period within which the holiday occurs. Such employee is hereby defined as a permanent, part-time employee." 3. Update Section 8.1 — Vacation — subsection 3 to state "Full-time permanent employees will accrue vacation leave at one additional eight (8) hour day per year of service. Part- time permanent employees with a regularly scheduled workweek of at least thirty (30) hours but less than forty (40) hours shall receive prorated vacation accruals. The following schedule is an example:" MAPublic Data\City Council\Council Minutes\2010 Minutes\bm drafts (unapproved)\M 12-20-10 bm draft.doc Meeting Date: January 3, 2011 City of Albertville Council Agenda December 20, 2010 Page 5 of 14 4. Update Section 8.1 — Vacation — subsection 13 to state "Temporary employees, Part-time employees with a regularly scheduled workweek of less than thirty (30) hours or employees on a leave of absence, are not eligible for vacation pay or accrual under this policy. Update Section 8.2 — Sick Leave — subsection 2 to state "Full-time permanent employees will accrue sick leave at one additional eight (8) hour day per for each calendar month of full-time service. Part-time permanent employees with a regularly scheduled workweek of at least thirty (30) but less than forty (40) shall receive prorated sick leave accruals Sick leave may be accumulated to a maximum of sixty (60) days or 480 hours. Hours accumulated in excess of the maximum will be applied to the sick leave incentive portion of this policy. Sick leave may be taken in i/4 hour increments with a minimum of one (1) hour." 6. Update Section 8.2 — Sick Leave — subsection to state "Temporary employees, Part-time employees with a regularly scheduled workweek of less than thirty (30) hours or employees on a leave of absence, are not eligible for sick leave pay or accrual under this policy." 7. Update Section 8.3— Insurance — subsection 1 to state "Benefits to cover full-time, permanent employees and his/her dependents. Benefits to cover Part-time permanent employees with a regularly scheduled workweek of at least thirty (30) but less than forty (40) shall receive prorated insurance benefits" Update Section 13.0 — Health Care Saving Plan — Post Retirement Health Care Savings Plan City of Albertville — to state "The City of Albertville Full -Time and Part-time permanent employees with a regularly scheduled workweek of at least thirty (30) but less than forty (40) are eligible to participate in the Minnesota......." Approve Resolution No. 2010-040 adopting the Investment Policy 2010 Version Finance Director Lannes began by reporting Albertville City Offices previously adopted an Investment Policy in 2004. There is an amended 2010 Investment Policy for the Council to review and adopt. The purpose of this Investment Policy is to establish standards governing the investment of City funds. It is the City's policy that available funds are invested to the maximum extent possible, at the highest rates obtainable at the time of investment, in conformance with the legal and administrative guidelines outlined below and that the City receives the highest quality investment services. The City shall invest only in the following instruments permitted by Minnesota Statute 1I8A.03- 118A.05: a. United States Treasury Obligations b. United States Agency Securities c. Certificates of Deposit d. Money Market Funds M:\Public Data\City Council\Council Minutes\2010 Minutes\bm drafts (unapproved)\M 12-20-10 bm draft.doc Meeting Date: January 3, 2011 City of Albertville Council Agenda December 20, 2010 Page 6 of 14 The change(s) made from the 2004 adopted Policy is Maximum Maturity. The 2004 Policy states not to invest in securities more than five (5) years from the date of purchase. The 2010 policy would change to the State of Minnesota Statute stating the City will not invest in securities maturing more than an average expected life of ten (10) years from the date of purchase or in accordance with state statues and ordinances. In summary, Lannes would like to amend the Investment Policy to match the State of Minnesota's guidelines for investments. Council member Vetsch had reserves of investing city funds for up to ten (10) years. Vetsch was concerned with tying up the funds should the city need the money to pay debt or other expenses incurred over the year or years. Lannes and Sorensen did their best to explain that the City would not invest ALL funds to a ten (10) year term. It would only invest a portion of the funds to obtain a better return. The City would still have sufficient funds available to take care of the expenses and other bills/debts. Lannes included the fact that amending the Investment Policy to ten (10) years would give the City the ability to buying step ups on some of the current investments to receive a better return; therefore, getting a better interest rate for the funds. CMs Sorensen/Fay motioned to approve Resolution No. 2010-040 entitled a Resolution Adopting the City of Albertville Investment Policy 2010 Version. Motion carried unanimously. Approve the 2011 Fire Contract Agreement between the City of Albertville and the City of Otsego Finance Director Lannes explained this is the annual agreement between the two (2) cities for Fire protection. As staff reviewed the contract the areas appeared to be the same as 2010. CM Vetsch/Mayor Klecker motioned to approve entering into the 2011 Fire Contract Agreement between the City of Albertville and the City of Otsego for fire protection. Motion carried unanimously. Approve Ordinance No. 2010-012 amending the permit fee section Finance Director Lannes noted there are a number of fee changes for the Council to consider. The first item is amending the 2005 Albertville Municipal City Code allowing the permit fee for Fireplace (existing residence), Plumbing (existing residence), Mechanical (existing residence) , and Reroofing (existing residence) be set by Resolution. During these economic times, staff is doing their best to reduce the amount of expense involved with amending the City Code. Every time the Code is amended a Legal Notice is require so the public is aware of the changes. By allowing staff to amend the fees set by Resolution does not require a Legal Notice; therefore, M:\Public Data\City Council\Council Minutes\2010 Minutes\bm drafts (unapproved)\M 12-20-10 bm draft.doc Meeting Date: January 3, 2011 City of Albertville Council Agenda December 20, 2010 Page 7 of 14 reducing the expense of the change. The permit fees for the above four (4) items are included in Resolution No. 2010-037. CMs Sorensen/Fay motioned to approve Ordinance No. 2010-012 entitled an Ordinance Modifying the 2005 Albertville Municipal City Code Title 10 — Building and Development; Chapter 2 — Building Code; Section 3 — Permits and Fees. Mayor Klecker, Council members Sorensen and Fay voted aye. Council member Vetsch voted nay. Motion carried. Approve Resolution No. 2010-037 setting the various fees for the 2011 calendar year, Lannes continued onto Resolution No. 2010-037, which is setting fees for various services performed by the City of Albertville. The items are bolded to allow the Council to identify what items are being increased or included as the four (4) permit fees that were just approved to be set by Resolution. CMs Sorensen/Fay motioned to approve Resolution No. 2010-037 entitled a Resolution Setting Fees for Various Services or Violations within the Albertville City Limits for the 2011 Calendar Year. Mayor Klecker, Council members Sorensen/Fay voted aye. Council member Vetsch voted nay. Motion carried. Approve Resolution No. 2010-038 setting the 2011 sewer rate(s) Lannes moved on to the next Resolution for Council to consider. Staff is recommending raising the sewer rates to assist with covering the expense of the Minnesota Pollution Control Agency Permit renewal of the Albertville Wastewater Treatment Plant. The MPCA has informed staff that the standards need to be met; therefore, the current standard is .06 and Albertville is not meeting the standards. The standards deals with discharging into shallow lake level with phosphorus. Discharging the phosphorus into the shallow lake area is detrimental to the lake; therefore, the MPCA is requesting Albertville to abide by the standards that are set. CMs Sorensen/Fay motioned to approve Resolution No. 2010-38 entitled a Resolution Setting Sewer Rates: Monthly Rates that will be effective January 2011: 0-5,000 Gallons $16.71; Over 5,000 gal. $0.39 per 1,000. Mayor Klecker, Council members Sorensen and Fay voted aye. Council member Vetsch voted nay. Motion carried. Approve Resolution No. 2010-039 setting the 2011 water rates) Lannes concluded the fee increases with Resolution No. 2010-039. Lannes brought to the Council's attention that Albertville has not raised the water rates for a number of years. Lannes acknowledged that Joint Powers Water Board (Veolia) raises their portion on an annual basis. Staff is recommended that the City increase their rates at this time. M:\Public Data\City Council\Council Minutes\2010 Minutes\bm drafts (unapproved)\M 12-20-10 bm draft.doc Meeting Date: January 3, 2011 City of Albertville Council Agenda December 20, 2010 Page 8 of 14 CMs Sorensen/Fay motioned to approve Resolution No. 2010-039 entitled a Resolution Setting Albertville City Water Rates that will be effective January 2011: Monthly Rates 0-3,333 Gallons $2.38; 3,334-6,667 gal. $0.77 per 1,000 over 3,333; 6,668-11,667 gal. $0.82 per 1,000 over 6,667; and Over 11,668 gal. $0.84 per 1,000 over 11,668. Mayor Klecker, Council members Sorensen and Fay voted aye. Council member Vetsch voted nay. Motion carried. CITY CLERK Approve the Monday, November 29, 2010 joint City Council Albertville and St. Michael meeting, Monday, November 29, 2010 Special Workshop minutes, December 6, 2010 Truth -in -Taxation Hearing meeting and the Monday, December 6, 2010 regular City Council minutes CMs Fay/Sorensen motioned to approve the Monday, November 29, 2010 joint City Councils of Albertville and St. Michael meeting minutes as amended reflecting Mayor Klecker's comment of signs on CSAH 19 `no turn on red', City Clerk Miller will share the comments with St. Michael City Clerk to amend the minutes, a final copy will be forwarded and retained as Albertville's official copy. Motion carried unanimously. CMs Fay/Sorensen motioned to approve the Monday, November 29, 2010 City Council workshop minutes as presented; the signed copy will be scanned and retained as the official City record. Motion carried unanimously. CM Sorensen/Mayor Klecker motioned to approve the Monday, December 6, 2010 Truth -in - Taxation minutes as presented; the signed copy will be scanned and retained as the official City record. Motion carried unanimously. CMs Sorensen/Fay motioned to approve the Monday, December 6, 2010 regular Council minutes as presented; the signed copy will be scanned and retained as the official City record. Motion carried unanimously. Approve the 2012-2013 Wright County Assessor's Contract {no RCA} City Administrator Kruse informed the Council that a majority of municipalities within Wright County contract with the County for preparing and carrying out the task of Property Tax information. The Assessor's Office does a good job at visiting properties within Albertville to set and calculate tax capacity values of property throughout the city(s). Kruse noted this is a cost-effective way of preparing Property Tax statements in comparison to hiring a full-time employee to perform the task of an Assessor. CMs Vetsch/Sorensen motioned to approve the 2012-2013 Wright County Assessor's Contract between the City of Albertville and the Wright County Government Center Assessor's Office. Motion carried unanimously. M:\Public Data\City Council\Council Minutes\2010 Minutes\bm drafts (unapproved)\M 12-20-10 bm draft.doc Meeting Date: January 3, 2011 City of Albertville Council Agenda December 20, 2010 Page 9 of 14 CITY COUNCIL Oral Update on the STMA Ice Arena Board meeting Council member Sorensen reported that the St. Michael Patch has put the information on the website regarding the STMA Ice Arena's second sheet of ice. Sorensen wants to make sure the residents are aware that Albertville has not forgotten about working towards getting a second sheet of ice for the youth and other organizations to use. Albertville's seasonal use is booked. Sorensen noted that STMA Ice Arena Manager Fitch has 700 committed hours of the 960 hours for the summer 2011 season. Oral Update on the Planning and Zoning Commission meeting Council member Fay reported the meeting was cancelled due to lack of a quorum. The items will be carried forward to the January 2011 meeting. PLANNING None ENGINEERING LEGAL Approve Ordinance No. 2010-011 amending the Liquor License fees and other definitions of allowances City Attorney Couri began by commenting there are a few minor changes to the City Code. It was brought to staff s attention that the amount Albertville is charging for Sunday Liquor License is more than what the State has set so staff would like to set the fees in accordance with the State Statute. Another area deals with the number of 3.2% Malt Liquor Licenses. The City has set the maximum number allowed at six (6) per year. The State does not regulate the number allowed within a calendar year. Staff has had a request from a non-profit organization that would like to use more than the six (6). The organization uses three (3) for the annual Friendly City Days event, and over the course of the year the organization holds various fund raisers where 3.2% alcohol is sold -served. The non-profit group has been asked to host benefits for fund raisers, which the consideration of selling -serving 3.2% alcohol is requested to be available. Hosting these benefits cuts into the number of licenses allowed. M:\Public Data\City Council\Council Minutes\2010 Minutes\bm drafts (unapproved)\M 12-20-10 bm draft.doc Meeting Date: January 3, 2011 City of Albertville Council Agenda December 20, 2010 Page 10 of 14 Council member Vetsch expressed concern with raising the number allowed. Vetsch wanted to research the number the Albertville Lions are allowed to have with the Dram Shop Insurance. Vetsch asked if there was any rush to approving this tonight or if it could be tabled for a meeting in January 2011 at which time he could report back to the Council the findings of the Albertville Lions Dram Shop Insurance restrictions. Mayor Klecker had concern with selling beer or alcohol when young children are present, such as at the Farmers Market. CMs Vetsch/Fay motioned to TABLE the approval of Ordinance No. 2010-011 to the January 3, 2011 or soon thereafter to allow Vetsch research the number of liquor licenses various non-profit organizations are allowed by state to host under the Dram Shop Insurance. Motion carried unanimously. Approve the TIF No. 9 Stipulation Agreement City Attorney Couri read the Request for Council Action. In 2007, the State Auditor performed an audit of the City's TIF funds, including those established and administered in the 1990's. The Auditor identified a number of issues with several of the funds. City staff was able to provide the Auditor with satisfactory information to resolve the identified issues with the exception of publication notices for several of the funds (these are generally considered technical issues) and the exception of adequate documentation to substantiate proper expenditures for TIF No. 9, which is the Barthel Bus Garage TIF. The State Auditor then turned these issues over to Wright County for final disposition. Further research into the City's archived files produced the documentation the City needed to substantiate its expenditures in TIF No. 9. After several meetings and other contacts with the Barthels, the Barthel family was also able to locate documentation substantiating its expenditures in TIF No. 9. This documentation was sent to Wright County and we have received confirmation from the Wright County Attorney's Office that it is satisfied with this documentation. This leaves only the technical publication issues outstanding. To resolve these issues, the Wright County Attorney's Office is proposing that the City enter into the attached agreement with the County. The agreement essentially acknowledges that the publication issues are technical only and do not impact the substantive operation of the TIFs. St. Michael entered into a similar agreement with the County a few years ago when it also had discovered technical publication errors in its TIF notices. Couri went on to note the key issues with the TIF No. 9 Stipulation Agreement that are listed below: • Finds that the publication errors were technical, not substantive. • Finds that the expenditures in TIF No. 9 are properly documented. • Finds that no tax increments were improperly expended. MAPublic Data\City Council\Council Minutes\2010 Minutes\bm drafts (unapproved)\M 12-20-10 bm draft.doc Meeting Date: January 3, 201 I City of Albertville Council Agenda December 20. 2010 Page 11 of 14 Requires the City to employ "best efforts" in the future to comply with applicable TIF requirements. Acts as a final settlement of any possible enforcement action by the County based on the State Auditor's findings. In conclusion, this agreement will effectively close the case on the State Auditor's findings, and confirm that all of the City's TIF funds that were subject to the Audit have substantially complied with state law through the date of the audit. CMs SorensenNetsch motioned to approve the Stipulation for Settlement between the County of Wright and the City of Albertville Re: Final Notice of Noncompliance —City of Albertville's TIF Districts Issued by the Office of State Auditor, dated November 30, 2007. Motion carried unanimously. Council member Vetsch requested a copy of the Stipulation for Settlement Agreement that was mistakenly not included in the packet. Approve amendment to the City Administrator's Contract dealing with the car allowance section City Attorney Couri started by noting in 2003, the City contracted with the City Administrator providing a car allowance as follows: Section S. Automobile. The City shall provide the City Administrator with a $50 monthly car allowance payable on or about the first day of each month. Said allowance shall be intended to reimburse City Administrator for local travel only, defined as travel within a ten mile radius of Albertville. All travel outside of this area shall be reimbursed to the City Administrator at the IRS allowable rate then in effect. Couri brought up the fact that during the 2009 Audit, the Auditor noted the following: Audit finding 09-01 — Mileage Allowance - Minnesota Statutes 471.665, subd. 3 states in lieu of the mileage allowance, a city may pay employees a monthly or periodic allowance for personal automobile use in the performance of official duties, but not both. During the audit, we noted the City administrator received a monthly allowance and mileage for automobile use. Couri shared with the Council that in 2009, the total monthly payment and mileage claimed was $1,316.18 or $50.62 bi-weekly. This amount reflects payment for travel around Albertville, the metropolitan area, and to out-of-town meetings. Rather than continue to pay both a monthly allowance and mileage, I recommend eliminating the mileage and using a monthly allowance that reflects what the City and the Administrator intended when the contract was originally entered into in 2003. The proposed $50 bi-weekly allowance appears to achieve this goal while still meeting State law. Couri noted that this would better comply with the Auditor's interpretation is correct and the City's contract should follow State Statute 471.665, subd. 3. Couri believes that eliminating the mileage reimbursement and providing only a monthly car allowance will comply with State Statute. M:\Public Data\City Council\Council Minutes\2010 Minutes\bm drafts (unapproved)\M 12-20-10 bm draft.doc Meeting Date: January 3, 2011 City of Albertville Council Agenda December 20, 2010 Page 12 of 14 CMs Fay/Sorensen motioned to amend Section 5 of the City Administrator's contract to the following: Section 5. Automobile. The City shall provide the City Administrator with a $50 bi- weekly car allowance coinciding with payroll. Motion carried unanimously. Approve Ordinance No. 2010-013 setting the Electric Franchise Fee, Ordinance No. 2010-014 and Ordinance No. 2010-014 amending the Wright -Hennepin and Xcel Energy Electric Franchise Agreement {no RCA} Mayor Klecker started the discussion by bringing up how the Electric Franchise Fee was not successful in passing at the previous meeting. Klecker recommended tabling the item to the first meeting in January as he felt the Ordinances would not pass; they would be a tie vote. City Attorney Couri did report that the City Code does allow the City the authority to set a 5% fee straight across. Council asked staff to research what other communities are charging and was presented to the Council at a previous meeting. Couri continued with the comment that under State regulations, the City's can impose a fee to charge residents and businesses for street lighting. As an outcome of the research of other communities Council wanted to put a cap on the amounts charged to the commercial and or industrial users within Albertville, which staff feels the amounts being presented meet the Council's request. Mayor Klecker/Vetsch motioned to TABLE electric fee until the January 3, 2011 or soon thereafter meeting. Council member Fay voted nay. ADMINISTRATION Accept — Approve the Wright County Government Center Joint Powers Agreement with the Bureau of Criminal Apprehension City Administrator Kruse reported that Wright County would like the cooperation from the municipalities within the County's borders to accept and adopt the Wright County Government Center Joint Powers Agreement with the Bureau of Criminal Apprehension. CMs Sorensen/Fay motioned to adopt the Wright County Government Center Joint Powers Agreement with the BCA that includes a Resolution. Motion carried unanimously. Accept the City Administrator's Year-end Written Report City Administrator Kruse gave `kudos' to staff, firefighters, consultants, and other individuals for a successful 2010 year. Without the cooperation and support accomplishments would be a little more difficult. Albertville has a good crew that does their best to work together as a team. M:\Public Data\City Council\Council Minutes\2010 Minutes\bm drafts (unapproved)\M 12-20-10 bm draft.doc Meeting Date: January 3, 2011 City of Albertville Council Agenda December 20, 2010 Page 13 of 14 ANNOUNCEMENTS and or UPCOMING MEETINGS The November 29, 2010 joint meeting was re -scheduled for the last Monday in January 2011 with the three (3) entities of the City of Albertville, City of St. Michael, and the STMA School Board. December 2010 27 6:00 p.m. Joint Powers Water Board meeting January 2011 3 6:30 p.m. 3 7:00 p.m. 10 6:00 p.m. 11 7:00 p.m. 1.7 all day 18 7:00 p.m. 24 6:00 p.m. February 2011 3 7:00 p.m. 10 6:00 p.m. 11 7:00 p.m. 17 all day 18 7:00 p.m. 24 6:00 p.m. Swear in new Elected Officials City Council meeting STMA Ice Arena Board meeting Planning and Zoning Commission meeting Martin Luther King, Jr. Day observed — City offices closed City Council meeting - TUESDAY 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 - TUESDAY Joint Powers Water Board meeting 1. CLOSE THE REGULAR CITY COUNCIL MEETING FOR THE PURPOSE OF AN UPDATE ON THE TWO (2) ITEMS Mayor Klecker/CM Vetsch made a motion to close the regular meeting at 9:03 p.m. to go into a closed session for the purpose of discussing and being updated on the Alpine Capital litigation and the Tanker Accident on 1-94 litigation. A. Closed Attorney -Client meeting to discuss Alpine Capital litigation B. Closed Attorney -Client meeting to discuss Tanker Accident litigation 2. RECONVENE THE REGULAR CITY COUNCIL MEETING CMs Fay/Sorensen made a motion to reconvene the regular meeting at 9:28 p.m. MAPublic Data\City Council\Council Minutes\2010 Minutes\bm drafts (unapproved)\M 12-20-10 bm draft.doc Meeting Date: January 3, 2011 City of Albertville Council Agenda December 20, 2010 Page 14 of 14 3. ADJOURN THE REGULAR CITY COUNCIL MEETING TO GO INTO A CITY COUNCIL WORKSHOP FOR THE PURPOSE OF ANNUAL PERFORMANCE REVIEWS FOR THE CITY ATTORNEY, CITY PLANNER, CITY ENGINEER, and CITY ADMINISTRATOR ADJOURN CMs Fay/Vetsch motioned to adjourn the Monday, December 20, 2010 regular City Council meeting at 9:30 p.m. Motion carried unanimously. Bridget Miller, City Clerk (recording secretary) MAPublic Data\City Council\Council Minutes\2010 Minutes\bm drafts (unapproved)\M 12-20-10 bm draft.doc Meeting Date: January 3, 2011 Nbertville Smolt T.— UVI". !ly Cky U s. Albertville City Council December 20, 2010 Public Attendance Record Page 1 PRINT Name Address City Complete a "Request to Speak" card if you 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 " 1 I MA\Public Data\City Council\2010 Public Attendance.doc