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2005-10-17 CC Minutes . . . ,~ t\!~~!'!UL€ ALBERTVILLE CITY COUNCIL October 17, 2005 Albertville City Hall 7:00 PM PRESENT: Mayor Don Peterson, Council members John Vetsch, LeRoy Berning, Ron Klecker, and Tom Fay, City Attorney Mike Couri, City Planner Al Brixius, Assistant City Engineer Adam Nafstad, City Administrator Larry Kruse, and City Clerk Bridget Miller Mayor Peterson called the Albertville City Council meeting to order at 7:00 p.m. followed by the Pledge of Allegiance. ADOPT AGENDA MOTION BY Council member Klecker, seconded by Council member Berning to approve the agenda as amended and on file in the office of the City Clerk. Motion carried unanimously. MINUTES MOTION BY Council member Berning, seconded by Council member Klecker to approve the October 3,2005 regular City Council minutes as presented and on file in the office of the City Clerk. Motion carried unanimously. CITIZEN FORUM Mayor Peterson asked ifthere was anyone present to address the Council with a concern that is not already on the agenda. There was no one present. CONSENT AGENDA MOTION BY Council member Fay, seconded by Council member Vetsch to approve the consent agenda pulling items e, i, j, k and check numbers 22013, 22015, 22029, and 22037. Motion carried unanimously. a. Approve payment of claims check numbers 021990-022049 b. Approve SEH's recommendation for Application for Payment No.1 for STMA Ice Arena Locker Room Addition to Kue Contractors, Inc. in the amount of$15,390 c. Approve application for 3.2 Malt Liquor License for the Albertville Lion/Lioness for October 22,2005 at St. Albert's Parish Center to raise funds for Community Projects M:\Public Data\City Council\Council Minutes\2005 Minutes\M 10-17-05 Final.doc . City of Albertville City Council Minutes October 17, 2005 Page 2 of 10 d. Approve SEH's recommendation for Application for Payment No.5 for Wastewater Treatment Plant Phase 2 - Expansion to Gridor Construction, Inc. in the amount of $436,998 e. Accept Bid of $600 from Rick Rossow for sale of garages located at 5933 Main Ave. NE and 11459-60th Street NE f. Accept Bid of$1,750 from Ed Haller for sale of Equipment g. Approve an extension of time to November 17, 2005 to record the Albertville Crossings 3rd Plat h. Approve an extension of time to November 17,2005 to record the LaBeaux Station Plat i. Approve the S.E.H. Engineer's recommendation to reduce the Letter of Credit for Towne Lakes 4th Addition from $253,500 to no less than $200,000 j. Approve the S.E.H. Engineer's recommendation to reduce the Letter of Credit for Shoppes at Towne Lakes from $88,350 to $40,560 k. Approve the S.E.H. Engineer's recommendation to release the Letter of Credit for Cedar Creek South ih Addition ACTION ON PULLED CONSENT ITEMS Item e Council asked if the bid was $600 for both garages or $600 for each. . City Administrator Kruse informed the Council it was $600 for both garages. City staff has contacted a number of professional movers to find out if they would be interested in moving the garages. None ofthe movers were interested in the offer. To demolish the garages would cost more than the bid offer. MOTION BY Council member Klecker, seconded by Council member Fay to approve accepting the Bid of$600 from Rick Rossow for the sale of the garages located at 5933 Main Avenue NE and 11459 - 60th Street NE. Motion carried unanimously. Item i Council inquired about the silt fence situation in the development. City staff reported to the best of their knowledge the developer was going to take care of the silt fence. Council directed staff to confirm that the developer takes care of the silt fence. MOTION BY Council member Berning, seconded by Council member Klecker to approve the S.E.H. Engineer's recommendation to reduce the Letter of Credit for Towne Lakes 4th Addition from $253,500 to no less than $200,000. Motion carried unanimously. Item j and k Council wanted to ensure the new City Engineer reviews the progress of the incomplete . developments. M:\Public Data\City Council\Council Minutes\2005 Minutes\M 10-17-05 Final.doc . . . City of Albertville City Council Minutes October 17, 2005 Page 3 of 10 City Administrator Kruse stated these were a few areas in the agreement that S.E.H. was going to complete. MOTION BY Council member Vetsch, seconded by Council member Klecker to approve the S.E.H. Engineer's recommendation to reduce the Letter of Credit for Shoppes at Towne Lakes from $88,350 to $40,560 and to release the Letter of Credit for Cedar Creek South ih Addition. Motion carried unanimously. Check number 22013 Council wanted more information on what services were performed. City staff commented it was for a street crossing, which required updating on the concrete apron. Check number 22015 Council questioned why the auditor's the City hired couldn't do the Fire Departments. The auditor the City hired looks over the Fire Department's audit. City Administrator Kruse stated the auditor the City hires does not review the Fire Department's audit. Check number 22029 Council asked if the City should look into purchasing a pump and hose for future incidents like the flooding that has occurred in the Albert Villas area. City Administrator Kruse reminded the Council that the City Engineer is researching the problems and how to resolve them. Check number 22037 Council questioned why S.E.H. was still doing lot surveys. Council was under the impression the new engineer would be reviewing them. City Administrator Kruse informed the Council that S.E.H. was reviewing lot surveys for the Albert Villas area only since they are more familiar with the history and to address any possible problems. MOTION BY Council member Berning, seconded by Council member Klecker to approve. Motion carried unanimously. PUBLIC HEARING NOTICE Approve Ordinance No. 2005-07 entitled (Liquor License Hours of Operation - Fees - License Payment) M:\Public Data\City Council\Council Minutes\2005 Minutes\M 10-17-05 Final.doc . . . City of Albertville City Council Minutes October 17, 2005 Page 4 of 10 Mayor Peterson opened the public hearing at 7: 16 p.m. City Attorney Couri stated there was discussion earlier in regards to raising the Liquor License Fees. In conjunction with the fees the City was also going to review the hours of operations. City Administrator Kruse reported that the City has noticed an increase in law enforcement costs over the past couple of years. Council brought to the audience's and bar owner's attention there is one establishment that has the record for DWls in Wright County and one which has a considerable amount of noise along with other miscellaneous violations. Mayor Peterson asked if there was anyone in the audience that was present regarding the Liquor License ordinance amendments. Curt Gentile, owner of Geez, Sports Bar wanted to know if the City was going back to the 1 :00 a.m. closing and why. Mr. Gentile had no concerns in regards to the Liquor License fees going up. Major's Sports Cafe owner asked to see the statistics in regards to the increase in law enforcement expenses, number of DWls for Wright County and other various violations. The owner would like to find out what the Wright County Sheriffs department reports for Albertville are. Dillon Snyder reported that he took over as manager of Major's Sports Cafe in June. His main goal when he took over at Major's was to get things under better control. Since June 2005 there have been nine (9) police reports; of the nine (9) reports one was a bee sting and one was a false alarm. Mayor Peterson directed City Attorney Couri to draft a letter to Smackdown's stating this is their last warning in regards to the numerous calls regarding the noise coming from the establishment. Should the City get one more the City will get serious about shutting the establishment down. Council reported to the bar owners they are not pleased with Major's Sports Cafe. When the development came before the City Council for approval, they were informed this would be a family restaurant. The residential housing already existed prior to the construction ofthe bar. Council believes the bar owners should take responsibility for what goes on in the parking lot after hours. Council does not appreciate receiving calls from residents informing them of the loud car noises in the parking lot. Mayor Peterson added to the report that the Minnesota Highway Patrol has been monitoring Albertville as well as Wright County. To the best of Mayor Peterson's knowledge Albertville has never had problems like this in the past. Peterson stated something has got to be done and if M:\Public Data\City Council\Council Minutes\2005 Minutes\M 10-17-05 Fina1.doc . . . City of Albertville City Council Minutes October 17,2005 Page 5 of 10 it requires closing the bar establishments at 1 :00 a.m. again, then that is what the Council may be forced to do. City Attorney Couri concluded that we will table the public hearing to the next City Council meeting. Staff will invite a Wright County Sheriff to the meeting to answer questions or have access to police reports. Staff will survey the surrounding communities on the hours of liquor establishments, who has a 1 :00 a.m. closing and who has a 2:00 a.m. closing; find out ifthey are dealing with additional problems. MOTION BY Council member Vetsch, seconded by Council member Klecker to table Ordinance No. 2005-07 entitled An Ordinance Amending Section 4-1-12 of the Albertville City Code Relating To Days And Hours Of Operation For On-Sale Liquor Establishments to the November 7, 2005 City Council meeting at 7:00 p.m. or soon thereafter. Motion carried unanimously. City Administrator Kruse wanted to remind the liquor establishment owners of the Temporary Sign Ordinance that went into effect this year. If you have banners on your premises strung across the building or fences or between poles, they are illegal within Albertville. You can have banners provided you have a framed structure on the building, in which you can change the banners for your events. DEPARTMENT BUSINESS PUBLIC WORKS Written Reoort PW Supervisor Guimont reported that he received three (3) bids for the lighting at the new Hockey Rink. What he was looking for was Council approval for the low bid from Unlimited Electric in the amount not to exceed $20,700 with the optional lighting of $2,000. MOTION BY Council member Klecker, seconded by Council member Fay to approve the low bid from Unlimited Electric for the lighting at the new Hockey Rink at a cost not to exceed $20,700 with optional lighting of $2,000. Motion carried unanimously. City Buildings Council questioned if the City's property had any storm damage. PW Supervisor Guimont reported that the Building Official and Assistant City Engineer Nafstad went around the City looking at the damage to the buildings and property for storm damage. BUILDING DEPARTMENT Monthlv Uodate M:\Public Data\City Council\Council Minutes\2005 Minutes\M 10-17-05 FinaLdoc . City of Albertville City Council Minutes October 17,2005 Page 6 of 10 Mayor Peterson questioned the fact with all the storm damage throughout Albertville we are looking at a fair amount of dumpsters parked on driveways. We are getting close to the November 1 st date for winter parking restrictions. Staff suggested temporarily amending the ordinance pertaining to the parking restrictions in Albertville. Some Council members along with staff agreed having the dumpsters parked on the streets would be more of a safety concern than having vehicles parked on the streets. A dumpster will be all enclosed whereas a vehicle should have windows so you could possibly see through it. A vehicle may not be as tall as a dumpster either. Staff went on to suggest the resident obtain a parking permit along with the building permit with the City Administrator's discretion. Council and staff came to the conclusion that dumpsters are to be parked on the driveway. PLANNING DEPARTMENT There was nothing to report at this time. . ENGINEERING Bolton and Menk. Inc. Proiect Status Uodate Assistant City Engineer Nafstad briefly reviewed the progress report asking ifthe Council had any questions or concerns. County Ditch 9 Assistant City Engineer Nafstad reported on the County Ditch 9, stating there apparently is an agreement between Albertville and St. Michael. The Agreement was signed in 2003; staff is reviewing the agreement to report more at a later date. Council would like to see a copy of the agreement, as they did not recall approving the agreement. Flood Study Assistant City Engineer Nafstad and City Engineer Kasma have been reviewing the Flood Study that was completed by S.E.H. S.E.H. has identified the problem areas, but there was nothing documented on how to address or correct the problems. Mayor Peterson wanted to make sure that the study is complete and things will be put in place to implement them in Spring 2006. Peterson suggested sometime around April or May when the frost is out of the ground and construction can begin. Peterson did not want another flood . situation to occur again. M:\PulHic Data\City Council\Council Minutes\2005 Minutes\M 10-17-05 Fina1.doc . . . City of Albertville City Council Minutes October 17,2005 Page 7 of 10 Street Lights Assistant City Engineer Nafstad reported on a couple of dark areas within Albertville. Near Kassel Avenue NE and J ason Avenue NE by the Albert Villas a streetlight will be placed there at a rate of$10.24 per month. Another location is near the off-ramp ofCSAH 19, near the park-n- ride lot a streetlight will be installed at a minimal rate. Council inquired about moving the extra poles at the intersection ofCSAH 19 and 5ih Street NE to the CSAH 19 off-ramp location. MOTION BY Council member Berning, seconded by Mayor Peterson to proceed with the installation of the additional lights, moving the extra lights at the CSAH 19 and 5ih Street NE intersection. Motion carried unanimously. Linda Pauling - Green Haven Estates Assistant City Engineer Nafstad informed the Council that S.E.H. had done the work on 58th Street NE in the Green Haven Estates. From the information collected, it appears the flow of water stops at Ms. Pauling's lot. It is as if S.E.H. did not complete the construction or research on the development. Council directed staff to research more on the water flow and report back at a later date. Karston Cove 3rd Addition - extension City Administrator Kruse stated that Woodside Communities, the developer for the subject project, has requested an extension of the completion date. MOTION BY Mayor Peterson, seconded by Council member Berning to approve the extension of the Karston Cove 3rd Addition to a completion date of October 31,2006. Motion carried unanimously. LEGAL ApDfove Resolution No. 2005-42 entitled (Setting the Prairie Run Special Assessment) City Attorney Couri informed the Council the revised Resolution has been handed out tonight with updated numbers. City Attorney Couri stated staff would re-notice the Special Assessment for Prairie Run with the amended amounts and set the hearing for the November 7,2005 City Council meeting. MOTION BY Mayor Peterson, seconded by Council member Klecker to approve the amended amounts and re-noticing the Special Assessment for Prairie Run for a hearing date set for Monday, November 7,2005. M:\Public Data\City Council\Council Minutes\2005 Minutes\M 10-17-05 Final.doc . City of Albertville City Council Minutes October 17, 2005 Page 8 of 10 CITY CLERK Soecial Election - Senator Vacancv: Aoorove Resolution No. 2005-45 entitled AooointinlZ Election Judges City Administrator Kruse reported that the City was notified of a vacancy and a need for a Special Election to fill the vacancy. MOTION BY Council member Vetsch, seconded by Council member Klecker to approve Resolution No. 2004-45 entitled Appointing Election Judges for the Special Election to fill the vacancy for Senator in District 19. Motion carried unanimously. ADMINISTRATION General Reoort City Administrator Kruse reported on the Liability Coverage Waiver Form. It is a standard form completed by the City of Albertville every year. Cities obtaining liability coverage from the League of Minnesota Cities Insurance Trust must decide whether or not to waive the statutory tort liability limits to the extent of the coverage purchased. . Council did not recall having the Liability Coverage Waiver presented to them in previous years. Council directed staff to obtain additional information from previous years, get quotes or premiums from other areas, and consider having Arlan Middleton attend the next City Council meeting. Albert Villas Flooding City Administrator Kruse updated the Council on the status of the Albert Villas area. Staff again was fighting high water during the week of October 3rd. City Engineer Kasma and I met with St. Michael City Administrator and City Engineer regarding the rain events. Both cities are reviewing the Albertville/St. Michael County Ditch 9 Agreement and seeking a plan of action to address the Ditch 9 issues. City Administrator Kruse brought to the Council attention that even though the City has been holding permits in the Albert Villas Development pending the litigation to settle, there are a couple of lots that are privately owned and were not tied to the litigation matters. Staff is looking for Council approval to release the two building permits. MOTION BY Mayor Peterson, seconded by Council member Klecker to authorize the release of the two (2) permits, Lot 1, Block 2 and Lot 8, Block 3 only in the Albert Villas 4th Addition. Motion carried unanimously. . Railroad Land ADDraisal City Administrator Kruse reported that Burlington Northern Santa Fe (BNSF) is willing to sell the railroad property in the downtown area of Albertville. BNSF requires the property to be appraised by an MIA Certified Appraiser. A minimum of two (2) quotes would be received from the appraisers. At that time the City can pursue appraisal of just the railroad right-of-way. M:\Public Data\City Council\Council Minutes\2005 Minutes\M 10-17-05 Final.doc . . . City of Albertville City Council Minutes October 17, 2005 Page 9 of 10 Staff is looking for Council to authorize the City Administrator to hire an MIA Appraiser to appraise BNSF property, further, get an appraisal on Auto Body Shop's (Jaime Stevens) parcel abutting City Hall property and the Anderson-Becker raw land east of Main Avenue NE. MOTION BY Mayor Peterson, seconded by Council member Vetsch to authorize the City Administrator to hire an MIA Certified Appraiser to appraise BNSF property only at a cost not to exceed $7,000. Motion carried unanimously. 1-94 Right-of-Wav Acauisition City Administrator Kruse stated that he met with Gerhard Knecht! a couple of times. Mr. Knecht! is willing to sell to the City the 1.3 acres needed for the 1-94 ramp. S.E.H. continues to work on the Federal Highway Administration Access Request and Environmental Worksheet. In regards to the $800,000 Federal Funds there are necessary steps to follow in the way in which the statutes or regulations are written in the use of Federal Funds. Staffis looking for Council to authorize contracting with S.E.H. for Right-of-Way Acquisition for CSAH 19 and 1-94 Interchange Ramp. MOTION BY Mayor Peterson, seconded by Council member Berning to authorize contracting with S.E.H. for Right-of-Way Acquisition for CSAH 19 and 1-94 Interchange Ramp as identified in their letter dated October 9, 2005 on an hourly rate not to exceed $9,900. Further, to work with City Attorney Couri to draft a Purchase Agreement tailored to meet Federal and State Land Acquisition guidelines with intent to use the $800,000 of Federal Funds plus local match to acquire the property. Mayor Peterson, Council members Berning, Klecker and Fay voted aye. Council member Vetsch voted nay. Motion carried. Kitchen Brochure City Administrator Kruse presented a rough draft of a Kitchen Brochure for the new City Hall. The City of Delano went out to the community to obtain donations to support their new Kitchen Facility. Council wanted to make sure that the message in the brochure was clear as to the intended use of the facility. The new City Hall kitchen will not be rented out for private parties. 52nd Street NE and Marlowe Avenue NE Utilitv ImDfovements City Administrator Kruse went over the background of stating that in May 2005, Bolton and Menk presented a Feasibility Study to the City Council. The goal would be for Bolton and Menk to submit the Feasibility Report to the City by November 10th. Staff could meet with affected landowners and report our findings at the November 21 st City Council meeting. Council questioned how this would affect the properties to the east of Marlowe Avenue NE. M:\Public Data\City Council\Council Minutes\2005 Minutes\M 10-17-05 Fina1.doc . . . City of Albertville City Council Minutes October 17, 2005 Page 10 of 10 One Council member would like to hold off on Marlowe Avenue NE at this time. Remainder of the Council members would like to see what the Feasibility Report can demonstrate and what is the potential of the site. MOTION BY Council member Vetsch, seconded by Council member Fay to request Bolton and Menk, Inc. to submit a proposal expanding on the May 2005 - 52nd Street NE Feasibility Report by November 10th to include improvement of approximately 700 feet of Marlowe Avenue NE to the north and 300 feet to the south of 52nd Street NE. Also submit a separate proposal to complete a Feasibility Report for the on-site improvements creating pad ready sites for City owned lots. Motion carried unanimously. YMCA Uodate . City Administrator Kruse reported on the YMCA Feasibility Study, which identified very positive results about establishment of a YMCA facility in our community. The City of St. Michael is seeking the Gold's Gym project; however, the YMCA is still interested in doing some non-bricks and mortar programming in the area. Council directed staff to schedule a workshop for Monday, November 14 at 7:00 p.m. to be held at the STMA School Lecture Room inviting all parties involved to the workshop, the parties being the City of Albertville, City of St. Michael and the STMA School Board. This would allow all the parties to receive the same message at one time and to ask questions and hear the answers together. ADJOURNMENT MOTION BY Council member Berning, seconded by Council member Vetsch to adjourn at 10:05 p.m. Motion carried unanimously. Don Peterson, Mayor /", I ,r , ' .I,', 1'1 tJ " , "" ,1 /!Y \i\ ' . I .:, h, -"~ /" , Ii .t.r"l\'!"ly'(.(t{~ I '\. i '\..,,}. ~.(:\"" Bridget Miller;t:ity Clerk M:\Public Data\City Council\Council Minutes\2005 Minutes\M 10-17-05 FinaLdoc