2004-03-15 CC Minutes
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ALBERTVILLE CITY COUNCIL
City of Albertville Minutes
March 15, 2004
Albertville City Hall
7:00 PM
PRESENT: Mayor Don Peterson, Councilmembers LeRoy Berning, Tom Fay, Dorothy Rich
and Ron Klecker, City Engineer Pete Carlson, City Planner Al Brixius, City Attorney Mike
Couri and City Administrator Larry Kruse.
Absent: None
Mayor Peterson called the City Council meeting of the City of Albertville to order at 7:00 p.m.
MINUTES:
MOTION BY Councilmember Klecker, seconded by Councilmember Fay to approve the
minutes of March 1,2004. Motion carried unanimously.
AGENDA:
MOTION BY Councilmember Berning, seconded by Councilmember Rich to approve the
agenda adding the following items:
. Planning:
o H.J. Development request for sign
o Miscellaneous updates
. Engineering
o 5ih Street Trail easements
o Barthel Industrial Improvement
. Other
o Big Woods Elementary School Park Shelter
Motion carried unanimously.
CONSENT AGENDA:
MOTION BY Councilmember Fay, seconded by Councilmember Rich to approve the following
consent agenda except check numbers 19478.
a. Approve payment of claims check number 19461-19509
b. Approve $8,000 donation to the Family Youth Community Connections (FYCC)
c. Approve application for Exempt Permit for St. Albert's Catholic Church for the
Parish Festival scheduled for July 18,2004.
d. Approve application for Non-intoxicating Malt Liquor License for Lions, Paul
Heinen Family Benefit to be held on April17, 2004 noon to 11 p.m.
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February 2, 2004
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e. Accept Veit & Company's building demolition and asbestos removal quote for
5933 Main Avenue at an amount not to exceed $19,839.
f. Approve Resolution No. 2004-10 for local government to apply for Outdoor
Recreation Grant Program.
Motion carried unanimously.
PULL CONSENT ITEMS:
Berning questioned a $553.26 IRS payment. City Administrator Kruse stated IRS audited 2003
withholding and identified this as an adjustment.
MOTION BY Councilmember Berning and seconded by Councilmember Rich to approve
payment of checks numbers 19478. Motion carried unanimously.
CITIZEN FORUM:
No comments.
PUBLIC HEARINGS:
The City of Albertville's Outdoor Recreation Grant Application for Albert Villas Park
Improvements.
Mayor Peterson called the public hearing to order and Councilmember Berning reviewed the
proposed park improvement project. Following the presentation, positive comments were
received regarding the need for this project. No negative comments were received about the
project.
The Albert Villas Park will be known as Southside Park. The park will include a youth baseball
field, competitive soccer field, play structure, trails, gazebo, restroom, storage shed, and parking
area. The project will start in September 2004 and be completed May 2005. Total cost of the
project is $225,117.00. The funds for this project will be taken out of park dedication fees, paid
by the developer at the time of development.
Mayor Peterson adjourned the public hearing and reconvened the regular City Council meeting
noting the approval of a resolution in the consent agenda.
PARKS DEPARTMENT
Councilmember Rich updated the Council stating that Councilmember Klecker had attended a
meeting on the Big Woods Elementary School park shelter. Students involved in planning the
park have visited a number of other facilities and have expanded the project to $100,000 to
$160,000. School representatives were not in attendance, so many questions could not be
answered. Currently the City of St. Michael is proposing contributing $35,000 and the City of
Albertville has discussed a 25% contribution up to a maximum of $25,000. Obviously there is a
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February 2, 2004
Page 3 of7
significant funding gap, which needs to be discussed. No action was taken on the matter stating
this could be a topic for discussion at the 6:00 p.m. March 29th meeting.
STREET DEPARTMENT
Reviewed the Street Department Written Report.
Discussed the City completing a few more of the energy saving items identified in the Fire Hall
energy audit. Requested that Tim Guimont schedule some time to complete additional items or if
beyond City crew capabilities to pursue quotes for outside vendor to compute cost effective
energy saving items.
Timberland Community Service Project: Discussed the proposed installation of park benches
and patio located on the south side of 57th Street between Lachman A venue and Lambert
requesting that we make sure we don't encroach on the wetland and to change the species of
trees from crab apple to some non-fruit bearing tree to avoid the mess.
PLANNING:
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D. MICHAEL B'S BAR AND GRILL SITE PLAN
City Planner Al Brixius reviewed the projects, outlining to the council the proposed Findings of
Fact. After the presentation the council recommended adding two items. Number 21 stating
patio furniture will not be stored there during the winter and Number 22 stating the outside audio
system be maintained at a sound level to not disturb neighboring properties and to be turned off
at 10:00 p.m. during the week and 11 :00 p.m. on weekends, or hours set annually by the City
Council.
MOTION BY Councilmember Rich, seconded by Councilmember Klecker to approve the site
plan for D. Michael B's Bar and Restaurant based on the amended Findings of Fact and Decision
Document dated March 15, 2004 as on file in the office of the City Clerk. Motion carried
unanimously.
INDUSTRIAL PARK SIGNS
MOTION BY Councilmember Rich, seconded by Councilmember Fay to amend Section 10
Subd. 3c of the sign ordinance as presented to the City Council on March 15 by City Planner
Brixius as follows:
Ground Sign
Not more than one (1) ground sign or monument sign shall be permitted on an industrial lot. The
total area of the ground or monument sign shall not exceed 100 square feet.
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(1) Signs constructed of metal and illuminated by any means requiring internal wiring or
electrically wired accessory fixtures attached to a metal sign shall maintain a free
clearance to grade of nine (9) feet to ground. In the event that a metal sign structure
or accessory fixture herein described is grounded by the use of a grounding
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conductor run with the circuit conductors, and said structures or fixture is also
grounded by being bonded to a grounding electrode at the sign site, no clearance to
grade shall be mandatory.
(2) Signage shall only be permitted within the front yard. Where a building is located on
a comer lot, the front yard shall be defined as that boundary abutting a public right-
of-way having the least width.
(3) Sign area for ground signs applies to only one (1) face of a two-faced ground or
monument sign, or two (2) faces of a four- faced sign.
(4) No ground sign shall be located closer to any property line than ten (10) feet.
(5) No metal ground sign shall be located within eight (8) feet vertically and four (4) feet
horizontally of electric wires of conductors in free air carrying more than forty-eight
(48) volts, whether or not such wires or conductors are insulated or otherwise
protected.
(6) No signage shall be permitted to exceed 12 feet above the centerline grade of the
adjoining road.
(7) No exterior illumination shall be permitted on any sign within the Industrial District.
All signage shall be internally lit with light letters on dark background.
Motion carried unanimously.
WETLAND/SHORELINE ORDINANCE
MOTION BY Councilmember Rich, seconded by Councilmember Berning to adopt An
Ordinance amending Section 200.2(181) (Definitions-Wetlands) and Article 5000 (wetland
Systems District) of the Albertville Zoning Ordinance as presented to the City Council on March
15, 2004 and on file in the office of the City Clerk. Motion carried unanimously.
TEMPORARY SIGN ORDINANCE
The council reviewed a proposed amending the City sign ordinance relating to banners,
pennants, streamers and strings of lights in an effort to control the proliferation of signage along
roads and streets. The consensus of the council was to send this to the Planning Commission for
additional review, discussion and public comment.
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OTHER PLANNING ITEMS:
DIAGO PROPERTY
City Planner Brixius updated the council that a developer approached staff regarding
development ofthe land in the northeast comer of the City. Concept plans will be shared with the
council in the near future to gamer support for a new development with covered streets. The
Council discussed opportunities to work with the City of Otsego on boarder roads and suggested
staff invite representatives of the City of Otsego to meet with possible dates of April 21, 22 or
23rd.
MALL OUTBUILDINGS
City Planner Brixius notes a couple of non-compliant small storage buildings at the mall stating
he is working with the mall for removal or to have the City consider an amendment to the PUD.
H.J. DEVELOPMENT CSAH 19/194 SIGN REQUEST
City Planner Brixius presented a letter from H.J. Development requesting a directional sign
similar to the one the City installed on Main Avenue and County Road 37. After much
discussion, the council consensus is that due to the number of businesses that would desire a
similar sign, and the logistics of the City not being in the "sign business", to decline further
consideration of another City directional sign.
ENGINEERING:
57th STREET TRAIL EASEMENTS
City Engineer Carlson informed the council that upon initial contact with two property owners
along the sih Street trail project, the owners proposed selling a trail easement for $SO,OOO to
$60,000 per acre.
It was the consensus of the Council to have City Administrator Larry Kruse meet with respective
land owner to negotiate the purchase of trail easements and bring back for council consideration.
BARTHEL INDUSTRIAL PARK ROAD
Discussed the Barthel Industrial Improvement Project with City Administrator Kruse suggesting
that if the Council is interested in proceeding that it be put on the Council agenda for next month
to schedule a public improvement hearing. City Engineer Carlson stated he had received a letter
from Scherer Brothers Lumber and they stated they prefer to eliminate the north cul-de-sac. The
council concurred and requested it be put on the April agenda.
LEGAL:
LEVEL THREE SEX OFFENDER
City Attorney Couri reviewed a draft resolution encouraging the legislature to pass additional
controls for level three sex offenders.
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February 2, 2004
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MOTION BY Councilmember Klecker, seconded by Rich to adopt a Resolution entitled
Support for changes to the Minnesota's Sex Offenders Laws
WHEREAS, Minnesota's laws relating to the sentencing of convicted sex offenders and the
release and supervision of sex offenders who have completed their prison sentences are in need
of reform; and
WHEREAS, under current law, convicted sex offenders who have completed their prison
sentences are not necessarily restricted in where they may reside in relation to vulnerable
institutions such as schools, churches, public parks and day care facilities; and
WHEREAS, municipalities have no authority to prevent convicted sex offenders from
residing in close proximity to such vulnerable institutions; and
NOW, THEREFORE, the City of Albertville hereby encourages the Minnesota
Legislature to amend the existing laws relating to sex offenders to:
1. Prohibit convicted sex offenders who are required to register under the Minnesota
predatory offender registration law from living within 1,000 feet of a school, public park,
church, or licensed day care facility.
2. Provide notice to the affected municipality and the residents of affected neighborhoods
prior to the time a level three convicted sex offender moves to a new location.
3. Provide 30 days notice to the affected municipality prior to the time any convicted sex
offender who is required to register under the predatory offender registration law resides
within the municipality.
Motion carried unanimously.
ADMINISTRATION:
Reviewed City Administrator's written report.
Wright County Administrator's Policy Statements
City Administrator Kruse shared that the City Administrator's of Wright County have been
meeting monthly and in an effort to build a more positive working relationship with the County
Board and staff have compiled some common policy statements on city positions including but
not limited to Transportation, Bonding and Finance, Annexation and Land Use Planning,
Services and Economic Development.
The council in general was supportive of promoting a better working relationship with the
County, however did not want the focus to just be "annexation". The council will study the
document and consider adoption at the next meeting.
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February 2, 2004
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COUNCIL COMMENTS:
· Confirmed the Albertville, St. Michael and School meeting scheduled for 6:00 p.m.
March 29th at the school.
· Confirmed a meeting on the 1-94 interchange for 6:00 p.m. Tuesday, March 16, 2004 to
meet with the City's consulting engineer on a permitting strategy for CSAH 19 ramps,
schedule review, budget review and other discussion.
· Confirmed the rescheduling of Sexual Harassment Training from March 24 to some time
in June.
· Rescheduled the Albertville and St. Michael committee meeting to discuss hiring a
shared full time fire chief from April 1 to April 8th at 5:30 at the Albertville Fire Hall.
ADJOURNMENT:
MOTION BY Councilmember Berning, seconded by Councilmember Fay to adjourn the regular
Council meeting at 10:00 p.m. Motion carried unanimously.
Dc-A-J ~ <:=p~-~
Don Peterson, Mayor
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Larry Krus-e: City Administrator