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2006-07-05 CC Minutes . . . ~ AJ~~..r.t'!iJl€ ALBERTVILLE CITY COUNCIL July 5, 2006 Albertville City Hall 7:00 PM PRESENT: Mayor Don Peterson, Council members John Vetsch, Tom Fay, Ron Klecker, and LeRoy Berning, City Attorney Mike Couri, Assistant City Engineer Adam Nafstad, Assistant City Planner Cassie Schumacher-Georgopoulos, 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 ofthe City Clerk. Motion carried unanimously. Add under Administration - City Hall location of gas meter under Building Department - Resolution No. 2006-xx entitled Resolution Establishing Administrative Enforcement Civil Penalty Schedule Remove under Legal- Railroad Purchase Agreement under Planning Department - Approve Resolution No. 2006-xx entitled a Resolution Approving a Modified Development Program for Development District No. 1 and a Tax Increment Financing Plan for Tax Increment Financing District No. 12 MINUTES MOTION BY Council member Berning, seconded by Council member Klecker to approve the June 19,2006 regular City Council minutes and June 26, 2006 City Council workshop notes as presented on file in the office of the City Clerk. Motion carried unanimously. CITIZEN FORUM Mayor Peterson asked if there was anyone in the audience that wished to discuss an item that is not already on the agenda. Sharon Oakvik requested Council approval to allow the neighborhood to block off Kahl Avenue NE for approximately two (2) hours on Tuesday, August 1 during National Night Out. Ms. Oakvik stated she would like to have the Albertville Fire Department visit their neighborhood. M:\Public Data\City Council\Council Minutes\2006 Minutes\M 07-05-06 Fina1.doc . . . City of Albertville City Council Minutes July 5, 2006 Page 2 of9 MOTION BY Mayor Peterson, seconded by Council member Berning to allow the residents to block off a portion ofKahl Avenue NE on Tuesday, August 1,2006 for approximately two (2) hours during National Night Out provided Ms. Oakvik notify the Albertville Fire Department. Motion carried unanimously. Ms. Oakvik reminded the Council that she appeared before them about a month ago informing them of the situation in the neighborhood with the amount of rental units and other general nuisance items. One of the items was a car with expired license tabs, which is still parked on the driveway with the expired tabs. City Administrator Kruse informed the Council he talked with a Wright County Deputy to investigate the car and has not heard back from the officer. Kruse will contact the Sheriffs Department to obtain an update and report back to the Council at a future meeting. CONSENT AGENDA MOTION BY Council member Fay, seconded by Council member Klecker to approve the consent pulling items D. Motion carried unanimously. A. Approve payment of claims check numbers 022979 to 023031 B. Approve Bonestroo's recommendation for Application for Payment No.4 for City Hall Construction to Brietbach Construction in the amount of $450,205 C. Approve SEH Engineer's recommendation for Application for Payment No.7 for 2004 STMA Ice Arena Expansion to KUE Contractors in the amount of $2,634 D. Approve SEH Engineer's recommendation for Application Payment No.7 for 2003 CSAH 19 Upgrade to Buffalo Bituminous, Inc. in the amount of $47,444.95 E. Approve SEH Engineer's recommendation for Application Payment No.4 for 2005 CSAH 37 Trail to Omann Brothers, Inc. in the amount of $24,327.36 ACTION ON PULLED CONSENT ITEMS Aoorove SEH Emdneer's recommendation for Aoolication PaYment No.7 for 2003 CSAH 19 UOl!rade to Buffalo Bituminous. Inc. in the amount of $47.444.95 MOTION BY Council member Fay, seconded by Council member Klecker to approve SEH Engineer's recommendation for Application Payment No.7 for 2003 CSAH 19 Upgrade to Buffalo Bituminous, Inc. in the amount of $47,444.95. Motion carried unanimously. PUBLIC HEARING Alcohol Comoliance Check Mayor Peterson opened the public hearing at 7:09 p.m. M:\Public Data\City Council\Council Minutes\2006 Minutes\M 07-05-06 Fina1.doc . . . City of Albertville City Council Minutes July 5, 2006 Page 3 of9 City Attorney Couri reported that according to the Albertville City Code the City Council adopted what is perceived as guidelines in place by the State of Minnesota. The Council may impose a civil fine not to exceed two thousand dollars ($2,000.00), for each violation upon finding that the licensee has failed to comply with any applicable statute, regulation, or ordinance relating to alcoholic beverages. Wright County Human Services representative Jill Hylla was present to answer any questions the Council may have. Council informed Ms. Hylla that the officers that were present at the June 5 meeting stated that Wright County was considering charging violators criminally rather than civilly. Is Wright County going to begin charging violators criminally? Ms. Hylla confirmed that Wright County will be handling Alcohol Compliance Checks criminally in the future. Not only will the establishment be charged but the individual serving/selling the alcohol will be charged with a fine, which will require them to appear before the judge. Council member Klecker inquired as to how many ofthe establishments present have a scanning system in their restaurant. Three (3) ofthe four (4) present stated they have the scanning system, but are not currently using it to calculate the age of a customer. Mayor Peterson asked ifthere was anyone ofthe public that wishes to speak before the Council regarding the public hearing. There was no establishment that wished to speak before the Council regarding the public hearing. Mayor Peterson asked for the second time if there was anyone of the public that wishes to speak before the Council regarding the public hearing. There was no establishment that wished to speak before the Council regarding the public hearing. Mayor Peterson asked for the third time if there was anyone of the public that wishes to speak before the Council regarding the public hearing. There was no establishment that wished to speak before the Council regarding the public hearing. Mayor Peterson closed the public hearing at 7:14 p.m. M:\Public Data\City Council\Council Minutes\2006 Minutes\M 07-05-06 Fina1.doc . . . City of Albertville City Council Minutes July 5, 2006 Page 4 of9 MOTION BY Council member Fay, seconded by Council member Klecker to fine the 152 Club a $500 first violation fine for failed alcohol compliance check conducted on Monday, May 15, 2006. Mayor Peterson, Council members Fay, Klecker, and Berning voted aye. Council member Vetsch voted nay. MOTION BY Council member Berning, seconded by Mayor Peterson to fine Full Moon Saloon and Bar a $500 first violation fine for failed alcohol compliance check conducted on Monday, May 15, 2006. Mayor Peterson, Council members Fay, Klecker, and Berning voted aye. Council member Vetsch voted nay. MOTION BY Council member Berning, seconded by Council member Fay to fine Geez Sports Bar and Grille a $500 first violation fine for failed alcohol compliance check conducted on Monday, May 15, 2006. Mayor Peterson, Council members Fay, Klecker, and Berning voted aye. Council member Vetsch voted nay. MOTION BY Mayor Peterson, seconded by Council member Fay to fine Major's Sports Cafe a $1,000 second violation fine for failed alcohol compliance check conducted on Monday, May 15,2006. Mayor Peterson, Council members Fay, Klecker, and Berning voted aye. Council member Vetsch voted nay. MOTION BY Council member Berning, seconded by Council member Klecker to fine Rosetti's Pizza and Pasta a $500 first violation fine for failed alcohol compliance check conducted on Monday, May 15,2006. Mayor Peterson, Council members Fay, Klecker, and Berning voted aye. Council member Vetsch voted nay. DEPARTMENT BUSINESS PUBLIC WORKS Set date of Julv 10. 2006 as next Parks & Recreation meetinl! MOTION BY Council member Berning, seconded by Mayor Peterson to set Monday, July 10, 2006 at 7:00 p.m. as the next Parks and Recreation Committee meeting. Motion carried unanimously. . Re-schedule Julv 5.2006 Public Works Committee meetinl! to Mondav. AUl!Ust 7. 2006 MOTION BY Council member Berning, seconded by Mayor Peterson to re-schedule the July 5, 2006 Public Works Committee meeting to Monday, August 7, 2006 at 6:00 p.m. Motion carried unanimously. M:\Public Data\City Council\Council Minutes\2006 Minutes\M 07-05-06 Final.doc . . . City of Albertville City Council Minutes July 5, 2006 Page 5 of9 Wastewater Treatment Facilitv Uodate City Administrator Kruse stated that at a previous meeting the Council inquired about sludge removal. Superintendent Middendorfhas provided the Council with a status update, which is included in the packet. FINANCE DEPARTMENT Accounts Receivable Uodate Finance Director Lannes reported that the total accounts receivable outstanding through June 28 is $52,188.10. The majority of the over 90 days outstanding is due to Gold Key Development, Yearwood Development and the St. Michael-Albertville School District. Proiect Status Uodate Finance Director Lannes asked if there were any questions or concerns pertaining to the Project Status Update, which is included in the packet. Ouarterlv Budget Uodate Finance Director Lannes stated that the City is currently at 12.8% of its annual budgeted expenses in the General Fund. The expenses are at 29.7% of the annual budget. Various taxes and county grant for the second quarter recycling are not received until July. Park Dedication Fund Balance Uodate Finance Director Lannes reported that the available Park Dedication funds are $210,838, which $60,000 is designated for the purchase of railroad property and $40,000 to upgrade the Four Seasons park equipment. The balance of$11O,838 is designated for Winter Park, Hunter's Park and any future upgrades to any public park within the Albertville city limits. Set 2007 Budl!et W orkshoo( s) Council set the first Budget Workshop meeting for Tuesday, August 1,2006 at 6:30 p.m. and a second meeting for Wednesday, August 9, 2006 at 6:30 p.m. BUILDING DEPARTMENT Rental Prooertv Uodate City Attorney Couri stated that he had prepared a Resolution for Council to consider adopting to bring the Administrative Fine Ordinance up-to-date. Under the Administrative Enforcement Fine there are three classes of which have been condensed down to two; Class A and Class B. Mr. Couri noted the fees associated with the violations are included in the resolution. MOTION BY Council member Berning, seconded by Council member Fay to approve Resolution No. 2006-xx entitled a Resolution Establishing Administrative Enforcement Civil Penalty Schedule. Motion carried unanimously. M:\Public Data\City Council\Council Minutes\2006 Minutes\M 07-05-06 Fina1.doc . . . City of Albertville City Council Minutes July 5, 2006 Page 6 of9 PLANNING AND ZONING Intex - Nextex ProDerties - Site and Buildinl! Plan Review - Conditional Use Permit (CUP) - ADDrove Resolution No. 2006-xx entitled Resolution ADorovinl! a Conditional Use Permit (CUD) and Site Plan Review for the Intex Comoration at 5548 Barthel Industrial Drive NE Assistant City Planner Schumacher-Georgopoulos reported that Intex Corporation (Nextex Properties) has submitted an application for Site and Building Plan Review and Conditional Use Permit (CUP). The application is for a new industrial building to house a concrete crushing equipment repair business. Therefore no concrete crushing will be conducted at the site. The proposed outdoor storage area will house their equipment. According to the report, the entire outdoor storage area must be fenced with a six (6) foot fence. A Fence Permit application is required with details of the fence materials and layout, which must be supplied along with written permission from the adjacent property owners. Elevations and location ofthe trash enclosures must be provided to demonstrate compliance with building material requirements. Site circulation is subject to the review and approval by the Fire Inspector to ensure appropriate fire lanes have been provided to accommodate the City's fire protection equipment. The applicant must provide a more specific lighting plan and photometric analysis of the proposed lighting for the parking lot and building. The west garage doors must remain closed when operations or repairs are being conducted. The doors must also remain closed after 5:00 p.m. and weekends except when vehicles are entering or departing the building. Six (6) foot screening along the southern and eastern edge of the pond was removed from resolution entitled Resolution Approving a Conditional Use Permit (CUP) and Site and Building Plan Review for the Intex Corporation at 5548 Barthel Industrial Drive NE. Along with the item pertaining to "no concrete crushing may occur on site" was amended to read "No concrete crushing or storage of crushed concrete may occur on site." Brian Buhl, applicant for Intex Corporation (Nextex Properties), was present to address any questions or concerns the Council may have. MOTION BY Council member Berning, seconded by Council member Klecker to approve Resolution No. 2006-xx entitled a Resolution Approving a Conditional Use Permit (CUP) and site and Building Plan Review for the Intex Corporation (Nextex Properties) with recommendations from the Planning and Zoning Commission and with staff recommendations. Motion carried unanimously. M:\Public Data\City Council\Council Minutes\2006 Minutes\M 07-05-06 Fina1.doc . . . City of Albertville City Council Minutes July 5, 2006 Page 7 of9 Winkleman Buildinl! ComDlex - Schultz and SchuDD LLC (Bull ~oncrete Buildinl!) - ADDrove Ordinance No. 2006-09 entitled an Ordinance Amendinl! the Zoninl! MaD for a Certain ProDertv within the Citv of Albertville from 1-1, ~imited Industrial to B-4. General Business - ADDrove Resolution No. 2006-xx entitled a Resolution ADDrovinl! a Modified DeveloDment Prol!fam for DeveloDment District No. 1 and a Tax Increment Financinl! Plan for Tax Increment Financinl! District No. 12 - ADorove Resolution No. 2006-xx entitled a Resolution ADorovinl! a ComDrehensive Plan Amendment for Schultz ~ SchuDD LLC at 5836 Larl!e Avenue NE- ADDrove Resolution No. 2006-xx entitled a Resolution ApDrovinl! a Preliminarv Plat for Schultz & SchuDD LLC at 5836 Larl!e Avenue NE - ADDrove Resolution No. 2006-xx entitled a Resolution ADDrovinl! a Conditional Use Permit & Site Plan Review For Schultz & SchuDD LLC at 5836 Larl!e Avenue NE Assistant City Planner Schumacher-Georgopoulos informed the Council that Schultz and Schupp LLC has submitted an application for a comprehensive plan, rezoning, preliminary plat, and conditional use permit (CUP) for the site located at 5836 Large Avenue NE within the Albertville city limits. The applicant is asking Council consideration to rezone the site from 1-1 (Limited Industrial) to B-4 (General Business) per Ordinance No. 2006-09 entitled an Ordinance Amending the Zoning map for a Certain Property within the City of Albertville from 1-1, Limited Industrial to B-4, General Business. It was noted that A Resolution pertaining to a Modified Development Program for Development District No. 1 and Tax Increment Financing (TIP) Plan for Tax Increment Financing District No. 12 was removed from the Council agenda to be addressed at a future meeting held by the Albertville City Council. Resolution No. 2006-28 entitled a Resolution finding Modified Development Program for Development District No. 1 and the Tax Increment Financing (TIP) Plan for Tax Increment Financing (TIP) District No. 12 Consistent with the Plans for Development ofthe City of Albertville was approved at the June 13,2006 Planning and Zoning Commission meeting. A Final Plat demonstrating the lot combination must be submitted for approval by the City prior to the issuance of a building permit. As part of the Final Plat, it is stated that after a sidewalk is installed along the south side of 59th Street NE between Main Avenue NE and Large Avenue NE is when the applicant will be required to connect the sidewalk on 59th Street NE along Barthel Industrial Drive NE in the right-of-way extending to the eastern property line. Keith Schupp, representing Schultz and Schupp LLC was present at the meeting to address any concerns the Council had regarding the application for approval. MOTION BY Mayor Peterson, seconded by Council member Fay to approve Ordinance No. 2006-09 entitled an Ordinance Amending the Zoning Map for a Certain Property within the City of Albertville from 1-1, Limited Industrial to B-4, General Business with recommendations from the Planning and Zoning Commission and City staff. Motion carried unanimously. M:\Public Data\City Council\Council Minutes\2006 Minutes\M 07-05-06 Fina1.doc . . . City of Albertville City Council Minutes July 5, 2006 Page 8 of9 MOTION BY Council member Fay, seconded by Mayor Peterson to approve Resolution No. 2006-xx entitled a Resolution Approving a Comprehensive Plan Amendment for Schultz & Schupp LLC at 5836 Large Avenue NE with recommendations from the Planning and Zoning Commission and City staff. Motion carried unanimously. MOTION BY Council member Vetsch, seconded by Council member Fay to approve Resolution No. 2006-xx entitled a Resolution Approving a Preliminary Plat for Schultz & Schupp LLC at 5836 Large Avenue NE contingent on access to the site with City Engineer's review; and with recommendations from the Planning and Zoning Commission and City staff. Motion carried unanimously. MOTION BY Council member Fay, seconded by Council member Berning to approve Resolution No. 2006-xx entitled a Resolution Approving a Conditional Use Permit (CUP) and Site and Building Plan Review for Schultz & Schupp LLC at 5836 Large Avenue NE with recommendations from the Planning and Zoning Commission and City staff. Motion carried unanimously. ENGINEERING SEH Enl!ineer's Status UDdate City Administrator Kruse informed the Council that Bob Moberg is no longer an Engineer with S.E.H. effective June 30, 2006. Jim Schultz will complete any remaining projects in the transition plan from S.E.H. to Bolton and Menk, Inc. SEH Enl!ineer's Albert Villas 6th Final Acceotance of the Public Street and Utilitv ImDrovements City Attorney Couri recommended not releasing the letters of credits to Albert Villas 6th until the City Engineer has fully reviewed the individual sites in detail with the variance. LEGAL ADDrove Ordinance No. 2006-10 entitled an Ordinance Amendinl! the 2005 Albertville MuniciDal Citv Code Relatinl! to Public Safetv bv addinl! Title 6. ChaDter 6. Prohibitinl! Sexual Offenders and Sexual Predators from Residinl! within a Proscribed Distance from Selected ProDerties City Attorney Couri reported that at the June 19,2006 Council meeting it was brought to his attention that the Council wanted to prohibit sexual offenders' residency. An ordinance has been drafted for Council's review, the selection left for Council consideration was the distance factor whether they wanted it to be 500 feet or 1,000 feet. M:\Public Data\City Council\Council Minutes\2006 Minutes\M 07-05-06 Fina1.doc . . . City of Albertville City Council Minutes July 5, 2006 Page 9 of9 MOTION BY Mayor Peterson, seconded by Council member Klecker to approve Ordinance No. 2006-10 entitled an Ordinance Amending the 2005 Albertville Municipal City Code relating to Public Safety by adding Title 6, Chapter 6, prohibiting Sexual Offenders and Sexual Predators from a Proscribed Distance (1,000 feet) from Selected Properties. Motion carried unanimously. Railroad ProDertv Purchase Al!feement City Attorney Couri stated the Purchase Agreement is not ready for Council's approval at this time. Couri would present the final Agreement at a future meeting. ADMINISTRATION Written ReDort City Administrator Kruse stated that staffhas advertised for bids for furniture and phones on Monday, July 10, 2006. 1-94 ImDlementation Task Force Meetinl! to be held on Wednesdav. Julv 19. 2006 at the CountrY Inn and Suites - Albertville. MN City Administrator Kruse brought to the Council's attention the Task Force meeting to be held on Wednesday, July 19, 2006 at the Country Inn and Suites. ADJOURNMENT MOTION BY Council member Klecker, seconded by Council member Fay to adjourn at 9:45 p.m. Motion carried unanimously. 22- A: ~ Don Peterson, Mayor ~~ Bridget Miller, ity Clerk . M:\Public Data\City Council\Council Minutes\2006 Minutes\M 07-05-06 Fina1.doc . . . Albertville City Council July 5, 2006 Attendance Page 1 PRINT Name Address City Jane Doe 1325 Any Street NE Albertville D- (PIAlM,SN 4er 5"6s{ ~uNife,fveAlk 1-1b.erl-v/lZ.L 2- /nA/N~# ~ It t." '1 It J (J"~ ;Serj/l;' r . l J/ !Js!-ot)tYa.lJv /I"/~~ s.y(~ t';/. II ~( 0 S'l-fJ.. fJ-r ~ }()'i'"\\-5" "Sy ()JJudvJi.R. ~ 'CJ 115?J -.57~ $I Nl !o{ t( I 1':> 1;,,.., Av! A/be r: M:\Public Data\City Council\2006 Public Hearing Attendance.doc