2007-02-20 CC Minutes
ALBERTVILLE CITY COUNCIL
February 20, 2007
Albertville City Hall
7:00 PM
PRESENT: Mayor Ron Klecker, Council members Dan Wagner, Tom Fay, John Vetsch, and
LeRoy Berning, Assistant City Engineer Adam Nafstad, City Attorney Mike Couri, Finance
Director Tina Lannes, and City Clerk Bridget Miller
ABSENT: City Administrator Larry Kruse, City Planner Al Brixius
Mayor Klecker 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 Berning, seconded by Council member Wagner to approve the
agenda as amended adding 8.G.1.a. Discussion on 81. Michael Ponding Application and 8.H.1.
Comp Plan Amendment, and on file in the office ofthe City Clerk. Motion carried unanimously.
MINUTES
MOTION BY Council member Vetsch, seconded by Council member Fay to approve the
Monday, February 5, 2007 regular City Council minutes as amended by staff correcting the
Letter of Credit for Prairie Run Addition and on file in the office of the City Clerk. Motion
carried unanimously.
LEGAL
Aoorove City Attorney's recommendation to not reduce the Letter of Credit for
Prairie Run Addition { Gold Key Develooment l
City Attorney Couri reminded the Council that the City is in litigation with Gold
Key Development on the Prairie Run Addition. There is an estimated $600,000 in
Letters of Credits on the Prairie Run Addition, which Couri is recommending that
the City not reduce due to the current defaults of the Developer.
MOTION BY Council member Vetsch, seconded by Council member Berning to
deny the Developer's request to reduce the Letter of Credit for Prairie Run
Addition {Gold Key Development} and on file in the office of the City Clerk.
Motion carried unanimously.
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City of Albertville
City Council Minutes
February 20, 2007
Page 2 of9
CITIZEN FORUM
Mayor Klecker asked if there was anyone present that wanted to speak to the Council regarding
an issue that was not on the agenda.
There was no one present to discuss an issue with the Council.
CONSENT AGENDA
MOTION BY Council member Fay, seconded by Council member Wagner to approve the
consent agenda pulling check numbers 023930, 023947, and 023945. Motion carried
unanimously.
A. Approve payment of claims check numbers 023917 to 023966
B. Approve application for 3.2 Malt Liquor License for the STMA Women of Today for
the Wine Tasting Social to be held at the Albertville City Hall in the Multi-purpose
Room on March 9,2007
ACTION ON PULLED CONSENT ITEMS
Check numbers
Check number 023930 to Jeff Davis in the amount of$51.15 was for Fire Department expenses.
Finance Director Lannes explained that when there is a Fire Call during monthly meeting, the
Fire Department would be reimbursed for meal expenses.
Check number 023947 to Onvoy, Inc. in the amount of$1,203.09 was for data network and
phone service.
Finance Director Lannes reported that this is for the new phone system and the wireless network
between the three locations (Fire Hall, Public Works, and City Hall). Once it is up and working
appropriately there will no longer be invoices from Sprint.
Check number 023945 to NAC in the amount of$4,271.12, which there was a concern regarding
the portion for Lake Community Bank Signage.
Finance Director Lannes informed the Council that it was for the signage at Lake Community
Bank, which the city bills the developer for the fees associated with the zoning application.
MOTION BY Council member Berning, seconded by Council member Wagner to approve
check numbers 023930,023947, and 023945. Motion carried unanimously.
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City of Albertville
City Council Minutes
February 20, 2007
Page 3 of9
PUBLIC HEARING
There were no public hearings set for the Tuesday, February 20, 2007 City Council meeting.
DEPARTMENT BUSINESS
BUILDING DEPARTMENT
The Building Department had nothing to report at this time.
FIRE DEPARTMENT
Per the Council's request, a Quarterly Fire Call Report was included as an FYI (For Your
Information) for the Council's review.
PUBLIC WORKS DEPARTMENT
The Public Works Department along with the Wastewater Treatment Plant had nothing to report
on at this time.
FINANCE DEPARTMENT
The Finance Director had nothing to report on at this time.
CITY CLERK
Text Amendment to Title 6. Chanter 2. Section 2 Animal Control Amendment
City Clerk Miller reported that there were some incidents in 2006, which involved homeowners
harboring multiple dogs. In the 2005 Albertville Municipal City Code it does not distinguish
between a Commercial Kennel and a Residential Kennel. Staff is looking for direction from the
Council to amend the text to include language defining the difference between a Commercial
Kennel and a Residential Kennel.
Definition of a Commercial Kennel is for the purpose of breeding, sale or boarding, for which
the owner would obtain a License from Wright County.
City Clerk Miller wanted to add a definition of a Residential Kennel for the purpose of harboring
multiple dogs for pleasure, for which the owner would obtain a Kennel Permit from the City.
MOTION BY Council member Berning, seconded by Council member Fay to direct staff to
draft an amendment to the 2005 Albertville Municipal City Code pertaining to Title 6; Animal
Control. Motion carried unanimously.
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City of Albertville
City Council Minutes
February 20,2007
Page 4 of9
Text Amendment to Title 5. Chaoter 5. Section 2 Pertaining to the Hours of Ooerating
Eauioment Amendment
City Clerk Miller brought to Council's attention the conflict in language regarding the hours of
operating equipment. In one Section it allows the general public the opportunity to use a
jackhammer at 6:00 a.m. and another Section restricts a resident to using a basic hammer until
7:00 a.m.
The City offices have had a couple of calls from a resident whose property abutts up to
commercial property and inquired what the hours of operation were for garbage truck pickup.
The resident would be awakened around 6:00 a.m. by the beeping sound of the garbage truck.
Staff researched and found nothing restricting the hours that a waste hauler is allowed to pick up
trash.
MOTION BY Council member Berning, seconded by Council member Fay to direct staffto
draft an amendment to the 2005 Albertville Municipal City Code pertaining to Title 5; Hours of
Operating Equipment. Motion carried unanimously.
Set agenda items for Februarv 26.2007 Workshoo
City Clerk Miller inquired what items the Council would like on the agenda for Monday,
February 26 Workshop since the City Administrator is out of the office.
City Attorney Couri recommended a closed session to update the Council on the litigation with
Gold Key on the Prairie Run Addition.
Council member Berning suggested updates or the status of Barthel Property, the Arena,
Lachman Avenue NE, Railroad Property, City Property in the Barthel Industrial Park, and the
two city buildings located on Main Avenue (5964 and 5975).
Finance Director Lannes reported that City Administrator Kruse would not be attending the
meeting; therefore staff would not be available to provide an update on the items Berning
requested.
It was the consensus of the Council, provided it is properly posted, that the item for the Monday,
February 26,2007 Workshop would be to update the Council on the litigation.
Consider setting Mondav. March 26.2007 at 7:00 o.m. as a ioint Planning and Zoning
Commission and Citv Council workshoo (follow-uo to Januarv 22.2007 workshoo)
City Clerk Miller reported that at the Tuesday, February 13,2007 Planning and Zoning
Commission, the members commented that at the joint meeting held on January 22 the Council
mentioned another joint workshop. The Planning Commission members were wondering when
the next meeting would be. Staff is recommending setting Monday, March 26 as the next joint
workshop.
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City of Albertville
City Council Minutes
February 20, 2007
Page 5 of9
It was the consensus ofthe Council to set Monday, March 26,2007 at 7:00 p.m. as ajoint City
Council and Planning and Zoning Commission workshop to be held at the Albertville City Hall
in the Council Chamber.
PLANNING AND ZONING
The City Planner was absent and had no items to report on at this meeting.
ENGINEERING
Aoorove Resolution No. 2007-14 entitled a Resolution to Wri!!ht Countv in Suooort of the
Authorization of the Commissioner of Transoortation to Perform an En!!ineerin!! and Traffic
Investi!!ation to Determine the Reasonable and Safe Soeed Limit on the followin!! Wri!!ht
Countv Hi!!hwav CSAH 18
Assistant City Engineer Nafstad informed the Council that Resolution No. 2007-14 was sent to
the City from Wright County. The State of Minnesota Commissioners Office would like to
conduct a speed limit study on CSAH 18 and or 50th Street NE within the Albertville city limits.
Nafstad explained that when the County took CSAH 18 back, the County wanted to make sure
that the streets were in compliance with the posted speed limits. Therefore, Wright County
contacted the State of Minnesota to assist in conducting a speed limit study. Staff is presenting
the Resolution before the Council for approval.
Nafstad brought to the Council's attention that should the City decide not to pass the resolution
the County would still proceed without Albertville's consent. The outcome of the study
conducted by the State could potentially increase the speed limit from 30 mph to 40 mph.
Nafstad reported that the last speed limit study was conducted in 1985.
Council member Vetsch pointed out that a majority of CSAH 18 and or 50th Street NE within
Albertville is zoned residential. Should the State increase the speed limit to 40 mph, would make
it difficult for the residents to access 50th Street NE or CSAH 18.
Wright County began noting about four (4) areas within the county where they would like to
conduct a speed limit study and the stretch along CSAH 18 and or 50th Street NE was one of the
four areas. The County wanted to give the individual municipalities an opportunity for their
input towards the speed limit study.
Council member Berning thought it would be beneficial for a school zone speed limit study to be
conducted prior to the State of Commissioners speed limit study on the portion of 50th Street NE,
that runs in front ofthe STMA High School.
MOTION BY Council member Fay, seconded by Council member Berning to approve Resolution No.
2007-14 entitled a Resolution to Wright County in Support of the Authorization of the Commissioner of
Transportation to Perform an Engineering and Traffic Investigation to Determine the Reasonable and
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City of Albertville
City Council Minutes
February 20,2007
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Safe Speed Limit on Wright County Highway CSAH 18 as amended, noting that the City of Albertville
recommends that the existing speed limit of CSAH 18 from Main Avenue NE to Barthel Industrial Drive
NE remain at 30 mph; that the City of Albertville requests Wright County to perform a school zone
speed limit study for the segment of CSAH 18 in front of the current STMA High School; and that the
school zone speed limit be posted prior to the MnDOT speed study. Motion carried unanimously.
LEGAL
STMA School District Ponding Bid AQreement
City Attorney Couri reported that this is a straight forward agreement between the City of
Albertville and the Independent School District 885 (ISD 885). Couri continued by stating that
the City of Albertville is still in the process of determining the financial feasibility of the storm
water pond and has yet to order the improvements, but does not want to lose out on an
opportunity to incorporate such improvements with that of the new STMA School Projects.
Couri noted that following the approval, the City would conduct a Special Assessment Public
Hearing and notices would be sent to the appropriate property owners. The public hearing would
allow the public the opportunity to express their opinion and concerns regarding the proposed
~pecial assessment.
The Council discussed the possibility of correcting a persistent flooding problem in the Albert
Villa's subdivision by constructing a storm water retention pond on ISD 885 property in St.
Michael. It was noted that there seemed to be opposition to the pond construction on St.
Michael's part, based largely on the idea that the pond would be placed on land that would
otherwise be developed for residential purposes, resulting in lost development fees for the City
of St. Michael. In an effort to satisfy St. Michael's concerns, the Council agreed that in addition
to purchasing an easement from the school district, Albertville would either agree to "swap" land
by annexing an equal number of acres to St. Michael to replace the pond acreage that would be
annexed to Albertville or offer to reimburse St. Michael for lost development fees and
infrastructure costs not recovered due to the construction of the pond, up to a maximum of
$200,000, provided St. Michael approves the pond construction and Albertville moves forward
with the construction of the pond.
MOTION BY Council member Berning, seconded by Council member Wagner to approve the
STMA School District Ponding Bid Agreement with the technical language in conjunction of the
School's plan. Motion carried unanimously.
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City of Albertville
City Council Minutes
February 20, 2007
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Como Plan Amendment
City Council discussed the Comp Plan Amendment during the STMA School District Ponding
Bid Agreement. The following motion is the outcome of the discussion.
MOTION BY Council member Vetsch, seconded by Council member Berning to approve the
Planning and Zoning Commission's recommendation to deny the Comprehensive Plan
Amendment considering the connection of Main Avenue NE into St. Michael. Motion carried
unanimously.
Discussion on Pondinl! Aoolication with the Citv of St. Michael
City Attorney Couri informed the Council that staff has been researching the status of the ISD
885 School Project. To the best of staff's knowledge the ISD 885 submitted the applications to
the City of St. Michael and ISD 885 has received approvals for the applications that were
submitted for the project. The portion that was not included on the applications was the City of
Albertville's request for the storm water ponding to be constructed on the property. Staff will be
submitting an application by Friday, February 23 with the City of St. Michael requesting the
construction of a storm water retention pond on the ISD 885 School Project.
Council directed staff to draft a proposal letter to the City of St. Michael with two options; option
one would be to reimburse St. Michael for Park Dedication fees or whatever fees St. Michael
believes they are losing because of the ponding up to $200,000; option two would be to detach-
annex wetland acre for acre.
MOTION BY Council member Wagner, seconded by Council member Berning to approve the
Ponding Application with the City of St. Michael with an offer to reimburse the City of St.
Michael for the lost development fees and infrastructure costs not received due to 8 acres of
ponding up to $200,000 OR swap acre for acre in wetland detachment/annexation ifpond is built
and if the City ofSt. Michael approves the ponding. Motion carried unanimously.
Following the discussion and approval of the Ponding Application with the City of St. Michael,
Council directed staff to obtain a letter of support from the STMA School District regarding the
application for the ponding to be placed on the school property.
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City of Albertville
City Council Minutes
February 20, 2007
Page 8 of9
Adoot WrilZht Countv-Citv of Albertville CSAH 19 Imorovement Proiect AlZreement
City Attorney Couri presented the Council and staff with an updated version of the CSAH 19
Improvement Project Agreement during the meeting. Couri noted the areas that were amended,
which were as follows:
Page 3; Section 2. NOTES, Paragraph A. The County is responsible for 100% of the
Storm Sewer improvements, as determined by the State Aid Hydraulics Engineer.
Upon completion of the project, the City of Albertville will maintain the storm sewer
system along CSAH 19, provided; however, that this paragraph shall not commit the
City to replacing or relocating any portion of said storm sewer made necessary as a
result of a future reconstruction of CSAH 19.
Page 4: Paragraph H: the County will acquire the permanent and temporary right-of-
way necessary for the highway improvements. The County is responsible for 100%
of the right-of-way costs for the highway. The City is responsible for additional
right-of-way needed for the bituminous pathway. However, the County will acquire
all of the right-of-way necessary for the improvements and be reimbursed by the City
for the cost of right-of-way needed for the bituminous pathway. The estimated right-
of-way needed for the pathway, by parcel, is attached to this agreement.
Page 4: last paragraph; It is intended that the work outlined above in Article Two is
to be done by a contractor on a unit price basis through a contract duly let by the
County. As such time as the County awards a contract, the County will prepare a
new estimate of the County's share of the construction cost and the City's share of
the construction cost, based on the unit prices bid by the County's contractor. A
copy of such revised cost estimate will be forwarded to the City of Albertville. If the
City's share of the construction cost (excluding right-of-way, Engineering, etc.)
based on the lowest responsive bid exceeds $1,380,000.00, the County shall not
award the bid until the Albertville City Council first confirms via motion that it finds
the City's increased share of construction cost to be acceptable (The City Council
will meet within one week of the bid opening).
City Attorney Couri pointed out that it is intended that the City include the above
paragraph pertaining to the bids as a safety net. Should Wright County's bid come back
higher than what is reasonable for the City; this would require the County to come back
to the City to re-negotiate the construction costs for CSAH 19 Improvements.
MOTION BY Council member Wagner, seconded by Mayor Klecker to adopt the Wright
County - City of Albertville CSAH 19 Improvement Project Agreement dated February 16,2007
that was distributed at the meeting. Motion carried unanimously.
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City of Albertville
City Council Minutes
February 20, 2007
Page 9 of9
CITY COUNCIL
Council member Fay expressed an interest in obtaining information from the consultant's
pertaining to any potential commercial projects that are coming in.
Council members hear from residents or other individuals regarding information on businesses
that have been discussing the possibility of developing within Albertville and the Council has not
been made aware of the information.
Council member Fay stated that at the Planning Commission meetings City Planner Brixius
would report on various developers that have met with the consultants. Council directed staff to
put together a summary of these developments and present them to the City Council.
ADJOURNMENT
MOTION BY Council member Vetsch, seconded by Council member Berning to adjourn at
9:00 p.m. Motion carried unanimously.
Qeo- k~e-<L-
Ron Klecker, Mayor
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Albertville City Council and Planning Commission
February 20, 2007 Attendance
Page 1
PRINT Name Address City
Jane Doe 1325 Any Street NE Albertville
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