2004-06-07 CC Minutes
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ALBERTVILLE CITY COUNCIL
City of Albertville Minutes
June 7, 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 May 17, 2004. Motion carried unanimously.
AGENDA:
MOTION BY Councilmember Berning, seconded by Councilmember Rich to approve the agenda
adding the following items:
· Discussion about quorums at meetings
· Olsen long grass issues
Motion carried unanimously.
CONSENT AGENDA:
MOTION BY Councilmember Fay, seconded by Councilmember Berning to approve the following
consent agenda pulling the following items for more discussion: Item g, i, j and n:
a. Approve payment of claims check numbers 19788 to 19844
b. Approve entering into a contract with S.E.H. for Plans and Specifications for the
CSAH 37 Trail at an hourly rate not to exceed $16,000
c. Adopt the Resolution entitled the "Wright County Cities Policy Statement"
d. Accept S.E.H. Engineering's recommendation and authorize payment number one (1)
to Matt Bullock Contracting Company in the amount of $6,631.00 for the Albert
Villas Park
e. Accept a donation of gambling funds from the Albertville Lions in the amount of
$1,592 and make a donation to the Albertville Queens Committee for $1,592
f. Accept a donation $500 donation from the STMA Youth Hockey Association
representing approximately 5% of the concession proceeds in the 2002-2003 season
g. Authorize staff to proceed with legal collection measures against Kenco, Pilot Land
Development and Woodside Communities
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Albertville City Council Minutes
June 7, 2004
Page 2 of9
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h. Approve S.E.H's recommendation for pay request number 6 to Rolstad Construction
and Hard Drives in the amount of$11,957.80 for 2002 Frontage Road Project
1. Approve an application for a Non-Intoxicating Malt Liquor License for Smackdowns
on June 11 th and 12th
J. Approve an application for a Non-Intoxicating Malt Liquor License for Geez on June
11 tli and 12th
k. Accept a $4,000 gambling donation from the Albertville Lions for Albertville Friendly
City Days expenses
1. Approve Off-Sale Intoxicating Liquor License for West Side Liquor of Albertville
(replaces Albertville Off-Sale Liquor license)
m. Approve an application for a Non-Intoxicating Malt Liquor License for the Albertville
Lions on June 11 and 12th in the park
n. Approve S.E.H.'s recommendation to accept the low bid of Century Fence Co. in the
amount of$7,936.00 for the 2004 Primary School Ball Fields Fencing
o. Approve the City Administrator purchasing a Laser Fiche Document Imaging System
with an amount not to exceed $16,000 with funds coming from the technology budget
in the Public Works Facility Bond
p. Approve hiring Burlington Northern Santa Fe Railroad to clean railroad ditch east of
Main Avenue on June 28th at an hourly rate not to exceed $10,000 with funds coming
from the storm water fund
q. Approve Plans and Specifications for the 50th Street Trail and authorize S.E.H. to bid
the project for construction this summer
r. Authorize the City Administrator to purchase permanent easements for the 50th Street
Trail at an amount not to exceed $1.38 per square foot
s. Approve City Attorney Couri calling for an abstract for the City owned Industrial lots
1. Authorize City Engineer to complete a survey of City owned Industrial lots
delineating the wetland identifying net useable land
Motion carried unanimously.
PULL CONSENT ITEMS:
Item g: Authorize staff to proceed with legal collection measures against Kenco, Pilot Land
Development and Woodside Communities
MOTION BY Councilmember Rich, seconded by Councilmember Berning to authorize staff to
proceed with legal collection measures against Kenco, Pilot Land Development and Woodside
Communities. Motion carried unanimously.
Item i &j: Approve an application for a Non-Intoxicating Malt Liquor License for Smackdowns,
Geez and the 152 Club on June 11 th and 1ih
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June 7, 2004
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MOTION BY Councilmember Berning, seconded by Councilmember Rich to approve an
application for a Non-Intoxicating Malt Liquor License for Smackdowns, Geez and the 152 Club on
June 11 th and lih with the following conditions
I) Double fence
2) Serving must end at 12:00 midnight
3) Licensed security officers at all entrances and exits
4) No live music outside
5) Piped music outside must be within the limits ofthe noise ordinance.
Motion carried unanimously.
Item n.: Approve S.E.H.'s recommendation to accept the low bid of Century Fence Comapny in
the amount of$7,936.00 for the 2004 Primary School Ball Fields Fencing
Staff provided clarification that this was not the "Ball Field" fence, but rather the fence for the Ball
Field storm water ponds.
MOTION BY Councilmember Berning, seconded by Councilmember Fay to approve S.E.H.'s
recommendation to accept the low bid of Century Fence Co. in the amount of$7,936.00 for the
2004 Primary School Ball Fields Fencing. Motion carried unanimously.
Item 0.: Approve the City Administrator purchasing a Laser Fiche Document Imaging System
with an amount not to exceed $16,000 with finances coming from the technology budget in
the Public Works Facility Bond
The Council requested clarification and the desire to discuss the purchase again in the
future. No action was taken.
Item p.: Approve hiring Burlington Northern Santa Fa Railroad to clean railroad ditch east of main
on June 28th at an hourly rate not to exceed $10,000 with funds coming from the storm
water fund
Staff provided clarification and more detail on the work to be performed by the railroad to
clean the silt and debris from the ditch west of Main Avenue adjoining the railroad.
MOTION BY Councilmember Klecker, seconded by Councilmember Rich to approve hiring
Burlington Northern Santa Fe Railroad to clean railroad ditch east of Main Avenue on June 28th at
an hourly rate not to exceed $10,000 with finances coming from the storm water fund. Motion
carried unanimously.
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CITIZEN FORUM:
50th STREET SPEEDING: Karen Mason, 11580 50th Street voiced complaints regarding the speed
on 50th Street. The Wright County Deputies Dave Nystuen and Darleen Ford were present and took
note of the situation. The Council discussed getting a speed study, but felt the transition from the
rural area to the more urban area could mean that the speed may even increase if a study was done.
The City Council asked staff to check if there are adequate speed signs and for the Sheriffs
department to monitor it better.
CHRISTIAN MUSIC AT ST. ALBERT'S ON THURSDAY, JUNE 10TH: Mark Stoyk
representing the Knights of Columbus requested the Council allow them to have outdoor bands
from 5:00 p.m. to 9:00 p.m. on Thursday, June 10th. The Council reviewed the logistics of the event
and agreed to give it a try.
GOLF COURSE OUTSIDE MUSIC: Dave Hilleran, 10168 53rd Street attended the meeting
along with his young children stating the outdoor music changes to the Noise Ordinance can be
problematic. Dave stated that he found the music disturbing at night in his home and encouraged it
be controlled. The Council stated that if it was a problem again to call the Sheriffs Department and
they will enforce the Noise Ordinance.
PUBLIC HEARINGS
WRIGHT COUNTY STATE AID HIGHWAY 19 IMPROVEMENT ASSESSMENT
HEARING:
Pursuant to due call and notice thereof, the Public Hearing was called to order by Mayor Peterson.
City Attorney Couri reviewed the scope of improvements installed, the assessment process,
assessment roll and the Resolution the Council was being asked to approve to adopt the
assessments. S.E.H. City Engineer Carlson reported the work had been completed to plans and
specifications and the assessment rolls submitted. No one was present and no written or verbal
comments were received. Mayor Peterson adjourned the Public Hearing and reconvened the City
Council meeting.
MOTION BY Councilmember Berning, seconded by Councilmember Klecker to adopt the
RESOLUTION ADOPTING ASSESSMENT FOR CSAH 19 IMPROVEMENTS AND
ASSESSMENT ROLL as on file in the office of the City Clerk. Motion carried unanimously.
RESOLUTION ADOPTING ASSESSMENT FOR SAC CHARGES TO LOT 5, BLOCK 1,
SHOPPES AT TOWNE LAKES ONE
Pursuant to due call and notice thereof, the Public Hearing was called to order by Mayor Peterson.
City Attorney Couri reviewed the Assessment Resolution and the request from the owner to assess
Sewer Access Charges (SAC) to Lot 5, Block 1, Shoppes at Towne Lakes One. No one was present
and no written or verbal comments were received. Mayor Peterson adjourned the Public Hearing
and reconvened the City Council meeting.
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MOTION BY Councilmember Fay, seconded by Councilmember Klecker to adopt RESOLUTION
ADOPTING ASSESSMENT FOR SAC CHARGES TO LOT 5, BLOCK 1, SHOPPES AT
TOWNE LAKES ONE. Motion carried unanimously.
RESOLUTION ADOPTING ASSESSMENT FOR SAC CHARGES TO LOT 6, BLOCK 1,
SHOPPES AT TOWNE LAKES ONE
Pursuant to due call and notice thereof, the Public Hearing was called to order by Mayor Peterson.
City Attorney Couri reviewed the Assessment Resolution and the request from the owner to assess
Sewer Access Charges (SAC) to Lot 6, Block 1, Shoppes at Towne Lakes One. No one was present
and no written or verbal comments were received. Mayor Peterson adjourned the Public Hearing
and reconvened the City Council Meeting.
MOTION BY Councilmember Rich, seconded by Councilmember Klecker to adopt
RESOLUTION ADOPTING ASSESSMENT FOR SAC CHARGES TO LOT 6, BLOCK 1,
SHOPPES AT TOWNE LAKES ONE. Motion carried unanimously.
PRAIRIE RUN IMPROVEMENT PROJECT
City Attorney Couri stated the Prairie Run Project is a City Project and the City intends to finance
the project through the issuance of an assessment bond. Although the project is a City initiated
project, numerous agreements are being agreed to with the owners and developers of the project to
insure the assessment bonds are paid and development occurs in a well planned manner. Due notice
and public hearings have been held for comment and input. City Attorney Couri outlined that the
owners are agreeing to be assessed for 100% of the project with an opportunity for them to appeal if
over specified amounts as identified in assessment agreements.
MOTION BY Councilmember Berning, seconded by Councilmember Rich to approve the Gold
Key Development Agreement as on file in the office of the City Clerk. Motion carried unanimously.
MOTION BY Councilmember Berning, seconded by Councilmember Rich to approve the Heuring
Development Agreement as on file in the office of the City Clerk. Motion carried unanimously.
MOTION BY Councilmember Fay, seconded by Councilmember Rich to approve the Heuring
Assessment Agreement as on file in the office of the City Clerk. Motion carried unanimously.
MOTION BY Councilmember Fay, seconded by Councilmember Rich to approve the Duerrs
Watercare Service Assessment Agreement as on file in the office of the City Clerk. Motion carried
unanimously.
MOTION BY Councilmember Fay, seconded by Councilmember Rich to approve the Gold Key
Development Assessment Agreement as on file in the office of the City Clerk. Motion carried
unanimously.
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MOTION BY Councilmember Klecker, seconded by Councilmember Rich to approve purchasing
approximately one acre from Heuring for a stormwater pond at an amount not to exceed $4.50 per
square foot with amounts to be assessed against benefited properties. Motion carried unanimously.
MOTION BY Councilmember Berning, seconded by Councilmember Rich to approve recording
the final Prairie Run Plat.
MOTION BY Councilmember Fay, seconded by Councilmember Klecker to adopt Resolution
awarding the Prairie Run Improvement Bid contingent upon all agreements being signed and the
following four conditions:
1) Execution of Heuring Developer's Agreement.
2) Executionof Gold Key Developer's Agreement
3) Execution of Heuring, Duerrs and Gold Key Development Assessment Agreement
4) Acquisition of all necessary easements by the City free of charge, except for the pond
easement which will be acquired for $4.50 per square foot.
5) Submital of a Letter of Credit to cover 100% of the assessments.
STMA ARENA CONSTRUCTION MANAGEMENT AGREEMENT
MOTION BY Councilmember Rich, seconded by Councilmember Berning to approve a
Construction Management Agreement between STMA Public Schools, City of St. Michael and
Albertville subject to approval by other jurisdictions as on file in the office of the City Clerk.
Motion carried unanimously.
STMA ARENA ARCHITECTURAL CONTRACT
MOTION BY Mayor Peterson, seconded by Councilmember Rich to approve an Architectural
Proposal and Contract pending jurisdictional approval of joint contract in (a) with S.E.H. at an
hourly rate not to exceed $40,000 pending receipt of $40,000 from the STMA Youth Hockey
Association as on file in the office of the City Clerk. Motion carried unanimously.
STMA ARENA LAND APPRAISAL
MOTION BY Mayor Peterson, seconded by Councilmember Berning authorized the City
Administrator to enter into an agreement with Commercial Appraisal Firm to appraise the 1-5 acre
parcel owned by the Barthel's south of the arena at a cost not to exceed $1,000 with finances
coming from STMA project fund. Motion carried unanimously.
DEPARTMENT BUSINESS:
STREET AND PARK DEPARTMENT: Acknowledged receipt and review of written report.
PLANNING:
WRIGHT HENNEPIN ELECTRIC SUBSTATION CUP
Reviewed City Planner Brixius' Planning Report dated May 5,2004.
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MOTION BY Councilmember Fay, seconded by Councilmember Rich to approve the CUP for
Wright Hennepin Electric based on the Findings of Fact and Decision report as on file in the office
of the City Clerk. Motion carried unanimously.
WRIGHT HENNEPIN ELECTRIC SUBSTATION ENVIRONMENTAL ASSESSMENT
MOTION BY Councilmember Fay, seconded by Councilmember Rich to approve the
Environmental Assessment for Wright Hennepin Electric based on the Findings of Fact and
Decision report as on file in the office of the City Clerk. Motion carried unanimously.
TOWNE LAKES SWIMMING POOL
Reviewed City Planner Brixius' Planning Report dated May 5, 2004 for the Conditional Use Permit
for Off-Site Parking and Site Plan Review.
MOTION BY Councilmember Fay, seconded by Councilmember Berning to approve the
Conditional Use Permit based on the Findings of Fact and Decision on file in the office of the City
Clerk.
MOTION BY Councilmember Rich, seconded by Councilmember Fay to approve a technical
amended to the Development Agreement regarding parking in open spaces on file in the office of
the City Clerk. Motion carried unanimously.
. CITY OF ALBERTVILLE CONDITIONAL USE PERMIT FOR PUBLIC WORKS
FACILITY
City Planner Brixius' review his planning report dated May 5,2004.
MOTION BY Councilmember Fay, seconded by Councilmember Berning to approve the CUP for
the City of Albertville Public Works Facility based on the Findings of Facts and Decision as on file
in the office of the City Clerk. Motion carried unanimously.
KARSTON COVE 3RD ADDITION
MOTION BY Councilmember Berning, seconded by Councilmember Klecker to table Karston
Cove until the next meeting. Motion carried unanimously.
ENGINEERING
NONE
LEGAL
INDUSTRIAL PARK PURCHASE AGREEMENT
City Attorney Couri reviewed a draft: purchase agreement laying out the terms and conditions for sale
of City owned Industrial Park lots.
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MOTION BY Councilmember Berning, seconded by Councilmember Fay to acknowledge this as a
draft: or foundation when negotiating the sale of City owned lots. Motion carried unanimously.
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1-94 ACCESS AGREEMENT
MOTION BY Mayor Peterson, seconded by Councilmember Klecker to approve the 1-94 Access
Agreements as amended to remove the words "concurrent" and to set a 30-day review, as on file in the
office of the City Clerk. Motion carried with Councilmember Berning voting nay.
50th STREET TRAIL EASEMENTS
City Attorney Couri requested guidance regarding the City getting mortgage holders to sign off on
permanent easements. Due to the significant length of time involved the consensus was to proceed
with securing easements without getting releases from mortgage holders.
NOISE ORDINANCE
MOTION BY Councilmember Berning seconded by Councilmember Fay to approve the amended
Noise Ordinance as on file in the office of the City Clerk. Motion carried with Councilmember
Klecker voting nay.
LIQUOR SALES
Discussed Non-Intoxicating Malt Liquor Licenses and determined that a license would be needed if
beverages are served outside ofthe buildings and that the following conditions are required:
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Double fence
Serving must end at 12:00 midnight
Licensed security officers at all entrances and exits
No live music
Piped music outside must be within the limits ofthe noise ordinance
MATT OLSEN LONG GRASS & WEEDS
Heard an update regarding Matt Olsen's long grass and weed problem stating that the properties are in
various states of foreclosure. The City has sent notices regarding ordinance violations and has in some
instances mowed the properties with intent to bill for services.
ADMINISTRATION
ADMINISTRATIVE REPORT: Review and acknowledged receipt ofthe City Administrator's
written report.
AUDIT MEETING:
MOTION BY Councilmember Klecker seconded by Councilmember Rich to set a special meeting to
review the Annual Audit, City Hall and other business in the council chambers from 6:00 p.m. to
7:00 p.m. June 30th prior to the 7:00 p.m. joint meeting scheduled with the City ofOtsego. Motion
carried unanimously.
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JUNE 22ND MAYOR'S MEETING: City Administrator Kruse invited the councilmembers who
would like to meet with the County Board to share views, issues and concerns. Councilmembers
are asked to make reservations in advance by June 10, 2004.
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QUOREM: Councilmember Klecker requested to know if more than two councilmembers could
attend a non-council meeting even if they just listened. Councilmember Klecker stated he was
referring to the Planning Commission as an example. City Attorney Coun cautioned having more
than two councilmembers at a meeting, but suggested that if the Planning Commission meetings
were posted, then they could attend. The Council asked that the Planning Commission meetings be
posted as City Council meetings.
ADJOURNMENT
MOTION BY Councilmember Berning, seconded by Councilmember Klecker to adjourn the
meeting at 11 :45 p.m. Motion carried unanimously.
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Don Peterson, Mayor
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e, City Administrator