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2006-02-06 CC Minutes . ~ A.l~~r.t!ill€ ALBERTVILLE CITY COUNCIL February 6, 2006 Albertville City Hall 7:00 PM PRESENT: Mayor Don Peterson, Council members Ron Klecker, Tom Fay, John Vetsch, and LeRoy Berning, City Attorney Mike Couri, City Engineer Mark Kasma, Assistant City Engineer Adam Nafstad, City Planner Al Brixius, City Administrator Larry Kruse, Finance Director Tina Lannes, 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. . Adding under Administration: Potential 40-acre Land Purchase Hunter's Pass Estates - renaming Mud Lake MINUTES MOTION BY Council member Fay, seconded by Council member Berning to approve the January 17,2006 regular City Council minutes as presented and on file in the office of the City Clerk. Motion carried unanimously. CONSENT AGENDA MOTION BY Council member Klecker, seconded by Council member Berning to approve the consent agenda pulling check numbers 022452. Motion carried unanimously. . A. Approve payment of claims check numbers 22447 to 22504 B. Approve DBA-Trade Name Change from Smackdown's Bar and Grill to Full Moon Saloon and Bar effective January 2006 C. Approve SEH's recommendation for Application for Payment No.4 for 2005 Ice Arena Locker Room Addition to KUE Contractor's in the amount of$154,985 D. Approve 2:00 a.m. closing for Major's Sports Cafe (formerly known as Spectators Grille & Bar) M:\Public Data\City CounciI\CounciI Minutes\2006 Minutes\M 02-06-06 FINAL (LK & bm).doc . . . City of Albertville City Council Minutes February 6,2006 Page 2 of8 E. Approve application for 3.2 Malt Liquor License for Geez Sports Bar & Grill for a broom ball tournament at City Park on Saturday, February 18th and Sunday, February 19th ACTION ON PULLED CONSENT ITEMS Check No. 022452 Check No. 022452 was for door repair and a combination lock on the Albertville Fire Hall. MOTION BY Council member Berning, seconded by Council member Fay to approve check number 022452. Motion carried unanimously. JOYCE FLURY FROM THE SENIOR CENTER - REPORTIUPDATE Senior Center Director Flury informed the Council that Ben Withheart was present to share with the Council some of the activities the senior's have planned and to discuss or answer questions regarding any financial matters. Director Flury stated that the Senior Center opened in October 2005 and has been successful. Flury added that they have not decided on an official name for the center as of yet, but that will come in time. The Center offers lunch at a minimal fee with an average of about 15-18 participants, there was one occasion where they had 42 participants. The programming is done by staff of Senior Community Services which is a United Way Agency. The Center prefers to work with the local businesses. Flury noted that there have been participants inquiring about the availability of public transportation to get to and from the center. The center has many inquiries relating to transportation, at the present time they do not have any form of transportation, but it is something they would like to accommodate or offer to the participants in the future. The popular topic for discussion at the center had been informing the individuals on the new Medical Health Education. Council inquired about obtaining the number ofthe participants from Albertville, St. Michael, Hanover or other surrounding areas. Council expressed interest in hosting the activities in the future, once the new Albertville City Hall construction is complete. DEPARTMENT BUSINESS CITY CLERK City Clerk Miller noted that included in the packet is the memo relating to the newsletter. Staff has attempted to include the items Council has requested. Miller went on to inform the Council regarding the Help America Vote Act stating that Wright County has obtained Federal Grant funds to purchase the Automark ballot marking machine. Council inquired what election equipment the City currently has and how will this affect the City. M:\Public Data\City CounciI\Council Minutes\2006 Minutes\M 02-06-06 FINAL (LK & bm).doc . . . City of Albertville City Council Minutes February 6, 2006 Page 3 of8 Miller reported that the 39 Precincts in Wright County would have the same compatible equipment. Wright County takes care ofthe layout of the ballots and other election items. The city would upgrade the election machine to an Ml 00, at an estimated cost of $5,000, which is in the 2006 Budget. PuBLIC WORKS DEPARTMENT City Administrator Kruse stated that Council member Klecker met the individual from Professional Mosquito Control and noted that the process for spraying is rather easy once the individual becomes trained and certified. Mayor Peterson shared with the Council that the Parks and Recreation Committee directed PW Supervisor Guimont to contact the Minnesota Department of Mosquito Control to find out from them what is the most effective form of mosquito control for our area. Albertville has a considerable amount of swampy areas. Council directed staff to contact the Minnesota Department of Mosquito Control to present their findings to Council at a future meeting. PW Supervisor Guimont recommends the Council consider purchasing a new Toro mower through the State Contract. Council requested staff present more information along with photos of the new mower at a future meeting. FINANCE DEPARTMENT Finance Director Lannes reported that accounts receivable outstanding through January 2006 is $426,549.10 of this amount $102,600.54 is from various customers, the remaining balance of $323,948.56 is from Edina Development. City Attorney Couri informed the Council that the Edina settlement is very close to being completed and has been delayed by Edina Development's banker who was seeking several amendments to the agreement. Couri stated he anticipated the agreement being signed possibly yet this week. PLANNING DEPARTMENT City Hall Plat - Aooroval ofPreliminarv Plat - Resolution No. 2006-07 entitled (Preliminarv Plat for the new Albertville Citv Hall located at the corner of Main Avenue NE and 60th Street NE within the Citv of Albertville) Assistant City Planner Brixius presented his report to the City Council as on file in the office of the City Clerk. Brixius reported at the January 10,2006 Planning and Zoning Commission meeting Council liaison Berning inquired about expanding the proposed Lot 1 of the existing City Hall site to include a larger supply of parking in the event the building would ever be expanded. Staff currently demonstrates 84 proposed parking stalls for the two buildings are needed to satisfy the current zoning requirements. If the existing City Hall site were marketed, it would be noted as having cross-access easements and shared parking. M:\PubIic Data\City Council\CounciI Minutes\2006 Minutes\M 02-06-06 FINAL (LK & bm).doc . City of Albertville City Council Minutes February 6,2006 Page 4 of8 MOTION BY Council member Vetsch, seconded by Council member Klecker to approve the Preliminary Plat - Resolution No. 2006-07 entitled (Preliminary Plat for the new Albertville City Hall located at the corner of Main Avenue NE and 60th Street NE within the City of Albertville). Motion carried unanimously. GEM Business Park Second Addition - ~ubdivision PreliminarY and Final Plat - Resolution No. 2006-08 entitled (GEM Business Park 2n Addition PreliminarY and Final Plat located at 11800 62nd Street NE within the Citv of Albertville) City Planner Brixius stated that Granite-Tops, LLC and Land of Lakes Tile Company submitted an application to subdivide Lot 1, Block 1 of GEM Business Park. The property in question is located on the northeast corner of 62nd Street NE and MacIver Avenue NE within Albertville. The applicant is proposing to divide the 290,236 square-foot (6.7 acres) site into two lots. GEM Development, LLC will continue to have ownership over Lot 2 and giving Granite-Tops, LLC the opportunity to purchase the Land of Lakes Tile building and Lot 1. Access to both sites will be from the easterly existing driveway along 62nd Street NE and a cross access easement shall be established between the two properties. . City Planner Brixius informed the Council this is a conceptual site plan of the proposed two lots illustrating space for a 35,000 square-foot building with space for 100 parking stalls on Lot 2. City Planner Brixius again stated that access to the site will be through a cross access easement. City Planner Brixius noted that the property has already been assessed for Park Dedication fees, which were paid in 1999 with the original GEM Business Park plat; therefore, exempt from any further park fees. As of December 31, 2005 there is an assessment for the PID 101-064-001010 with a balance of$43,138. Following the approval to subdivide Lot 1, Block 1 of GEM Business Park the balance must be redistributed against the two new lots with the recording of the Final Plat. City Attorney Couri would draft a waiver for the applicants to sign waiving their rights to a public hearing to allow the recording ofthe Final Plat to proceed. MOTION BY Council member Vetsch, seconded by Council member Fay to approve the Preliminary Plat and Final Plat - Resolution No. 2006-08 entitled (Preliminary and Final Plat located at 11800 62nd Street NE within the City of Albertville) and City Attorney to documentation for the developer to sign a waiver to a public hearing reallocating the special assessment with 84% applied towards the existing Lot and 16% applied against the new Lot (84% being $36,235.92, 16% being $6,902.08 for a total of $43,138). Motion carried unanimously. Renamim! Streets within the Citv of Albertville RESOLUTION No. 2006-09 ENTITLED (A RESOLUTION AMENDING STREET NAMES ON THE TOWNE LAKES 5TH ADDITION FINAL PLAT), RESOLUTION No. 2006-10 ENTITLED (A RESOLUTION AMENDING HOUSE ADDRESSES), RESOLUTION No. 2006-11 ENTITLED (A RESOLUTION AMENDING . STREET NAMES ON THE CITY OF ALBERTVILLE BASE MAP) M:\Public Data\City CounciI\CounciI Minutes\2006 Minutes\M 02-06-06 FINAL (LK & bm).doc . . . City of Albertville City Council Minutes February 6,2006 Page 5 of8 Wright County Dispatch notified the City regarding irregularities in the addressing in the Towne Lakes subdivision specifically on Laurel Street. Avenues have names and run north-south; streets have numbers and run east-west. Laurel Street has a name and runs east-west; furthermore, there are four house numbers improperly numbered causing additional confusion. It is staffs recommendation to make the change as only about 10% of the new homes are occupied and now will be the least inconvenience to make the change. City Administrator Kruse stated that developer representative Dave Hempel called stating the Developer had worked out an agreement with the City Council having the street names to add more character to the development. Council members disagreed with this statement. City Attorney Couri recommended changing the Resolutions dealing with renaming the streets to an Ordinance for full enforcement. MOTION BY Mayor Peterson, seconded by Council member Berning to approve Ordinance No. 2006-01 entitled (an Ordinance Amending Street Names on the Towne Lakes 5th Addition Plat), Resolution No. 2006-10 entitled (a Resolution Amending House Addresses on the Towne Lakes 5th Addition Plat), and Ordinance No. 2006-02 entitled (an Ordinance Amending the Street Name on the City of Albertville Base Map). Motion carried unanimously. ENGINEERING 2006 Municioal State Aid - Street Aooortionment City Engineer Kasma stated the City had been awarded $228,000 of Municipal State Aid in 2005. City Engineer Kasma reported that the Flood Study is nearing completion and Bolton & Menk, Inc. will be meeting with staff in February to identify alternative designs to resolve flooding issues. Kasma stated the final exhibits will be ready for Council's review and presented at the March 6, 2006 meeting. LEGAL 2005 Municioal Code - Alcohol Consumotion on Citv Prooertv City Attorney Couri noted that it was previously approved by the Council to prohibit alcohol consumption on city property as noted under Title 5, Chapter 1, Section 8 of the 2005 Municipal City Code. It does not specifically state alcohol consumption is prohibited in the City Park. After further research of the code under Title 8, Chapter 4, Section 2 it refers to alcoholic beverages in public places in which the City Park might be interpreted as public places. Staffis looking for direction from the Council on their interpretation of the code. M:\PubIic Data\City CounciI\CounciI Minutes\2006 Minutes\M 02-06-06 FINAL (LK & bm).doc . . . City of Albertville City Council Minutes February 6,2006 Page 6 of8 Council directed staff to prepare a public hearing to amend the 2005 Municipal City Code relating to Alcohol Consumption on City Property for approval at a future meeting removing the language "park" from Title 5, Chapter 1, Section 8 and Title 8, Chapter 4, Section 2. ADMINISTRATION Hunter's Pass Estates - Renaminl! Mud Lake to Hunter's Lake City Administrator Kruse informed the Council that Dewey Gunderson, representing Hunter's Pass or MN Development is here to ask for the Council's approval to change the name of Mud Lake to Hunter's Lake. Mr. Gunderson reported that in doing research to change the name of a current lake requires a petition with at least fifteen (15) signatures from property owners near the lake. At present we have twenty (20) signatures from owners on the petition with some from the Towne Lakes Development. Mr. Gunderson informed the Council that there is a total of 86 lakes within Minnesota named Mud Lake and of this eight are within Wright County. MN Development wanted Council's approval prior to presenting the petition to the Wright County Board who make the final decision. Although it is not required, City Administrator Kruse requested the Council to make a motion approving the name change. MOTION BY Mayor Peterson, seconded by Council member Klecker to approve changing the name of Mud Lake to Hunter's Lake. Motion carried unanimously. Aoorove Hirinl! the Public Works Position City Administrator Kruse reported that the city received 145 applications for the Public Works Maintenance Worker position open with the City of Albertville. Following receipt ofthe applications and resumes, a supplemental survey was mailed to those interested individuals. Nearly 100% of the surveys were completed and returned for further evaluation. Staff ranked and scored the applications along with the survey. Between the two of us we narrowed it down to twenty individuals. After narrowing it down, staff decided to interview six (6) candidates, which included Ryan Zachman. Mr. Zachman is currently employed with Hennepin County based out of Medina. Staff recommended offering the PW Maintenance Worker position to Ryan Zachman following acceptance of the Personnel Committee, consisting of Mayor Peterson and Council member Vetsch. MOTION BY Mayor Peterson, seconded by Council member Fay to approve hiring Ryan Zachman to fill the vacancy position in the PW Maintenance Department with a starting wage of Step 4, all other benefits enumerated in the Personnel Policy and subject to a six month probationary period. Motion carried unanimously. Council directed staff to invite Mr. Zachman to attend the March 6,2006 Council meeting. M:\PubIic Data\City CounciI\CounciI Minutes\2006 Minutes\M 02-06-06 FINAL (LK & bm).doc . . . City of Albertville City Council Minutes February 6, 2006 Page 7 of8 Senior Center Fundinl! Aooroval- $13.000 At the last meeting the City Council tabled the funding ofthe Senior Program pending obtaining some additional information on where the program is going. After visiting with St. Michael City Administrator Derus, City Administrator Kruse developed and presented a projected budget for 2006, 2007, and 2008. Kruse emphasized the Senior Program is new and the program will evolve and change, especially with St. Michael proposing to build a new 5,000 square-foot space in the new Gold's Gym. The formula is similar to what has been discussed in the past with a 24% location incentive for the host City and then the remaining cost shared on population and market value. The proposed 2007 and 2008 Budget demonstrates the anticipated budget funding of the Senior Center and allocation to the three cities. It is staffs recommendation to amend the 2006 Budget from $12,000 to $13,000 for a joint Senior Center Program with St. Michael and Hanover; therefore authorizing to make payments on a quarterly basis to the program. MOTION BY Council member Vetsch, seconded by Council member Klecker to authorize staff to amend the 2006 Budget to include $13,000 for a joint Senior Center Program with St. Michael and automatically make payments to the program on a quarterly basis. Motion carried unanimously. 1-94 Land Acauisition Prooosal Mayor Peterson closed the regular City Council meeting at 8:26 p.m. for the purpose to negotiate an offer for the Knechtlland for an 1-94 Ramp; acquisition of 40-acres from Lafavre and discussion of some additional land for flood water storage. Mayor Peterson reconvened the regular City Council meeting at 9:26 p.m. The following action is the outcome of the closed meeting. City Administrator Kruse reported that the City has contracted with S.E.H. for their staff to lead us through the right-of-way acquisition process to insure that we meet all of the Federal requirements to use Federal Funds. According to S.E.H. Curt Kreklau, the procedure is for the City to make Mr. Knechtl an offer for the appraised value. Following 30 days after the offer the City would have to start the eminent domain process and continue negotiations and relocation of the billboard sign. Staff recommends Council move to authorize the City Attorney to draft an offer/purchase agreement in the amount of$505,000 ($10.50 per square foot) and further authorize the Mayor and City Clerk to sign the offer on behalf of the City. Further, Mayor Peterson and Council member Berning are authorized to represent the Council on any additional negotiations to M:\Public Data\City Council\CounciI Minutes\2006 Minutes\M 02-06-06 FINAL (LK & bm).doc . . . City of Albertville City Council Minutes February 6,2006 Page 8 of8 acquire the land for the 1-94 Ramp. This negotiation also includes working with Mr. Knechtl and the Billboard Company on the details to relocate the billboard. MOTION BY Mayor Peterson, seconded by Council member Klecker to authorize the City Attorney to draft an offer or Purchase Agreement in the amount of $505,000 ($10.50 per square foot) with the intent to use Federal Funds for 80% of the purchase, further authorize the Mayor and City Clerk to sign the Purchase Agreement on behalf of the City of Albertville; further to continue to work with Mr. Knechtl and the Billboard Company on the details to relocate the billboard. Mayor Peterson and Council member Berning are appointed to deal with any further negotiations to acquire the property and move the billboard. Mayor Peterson, Council members Berning, Fay and Klecker voted aye. Council member Vetsch voted nay. Motion carried. OTHER BUSINESS Mayor Peterson informed the Council and staff he would not be in attendance at the February 21,2006 Council meeting. ADJOURNMENT MOTION BY Council member Klecker, seconded by Council member Berning to adjourn at 9:35 p.m. Motion carried unanimously. 9~~. q;;r --z--;J Don Peterson, Mayor M:\PubIic Data\City CounciI\CounciI Minutes\2006 Minutes\M 02-06-06 FINAL (LK & bm).doc