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2007-03-19 CC Minutes ALBERTVILLE CITY COUNCIL March 19,2007 Albertville City Hall 7:00 PM PRESENT: Mayor Ron Klecker, Council members Dan Wagner, Tom Fay, John Vetsch, and LeRoy Berning, Assistant City Planner Cassie Schumacher-Georgopoulos, City Attorney Mike Couri, City Administrator Larry Kruse, and City Clerk Bridget Miller ARRIVING LATER: Assistant City Engineer Adam Nafstad 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 Wagner, seconded by Council member Fay to approve the agenda as amended: tentatively adding 9. H.3. STMA School District Agreement, and on file in the office of the City Clerk. Motion carried unanimously. MINUTES MOTION BY Council member Vetsch, seconded by Council member Wagner to approve the Monday, March 5, 2007 regular City Council minutes as presented and are on file in the office of the City Clerk. Motion carried unanimously. 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 Wagner, seconded by Mayor Klecker to approve the consent agenda pulling check number 024022. Motion carried unanimously. A. Approve payment of claims check numbers 024010 to 024070 M:\PubIic Data\City CounciI\Council Minutes\2007 Minutes\M 03-]9-07 Fina] (w-Mikes edits).doc City of Albertville City Council Minutes March 19, 2007 Page 2 of 11 B. Approve the Application to Conduct Excluded Bingo, Raffles, Paddlewheels, Pull- Tabs, and Tipboards with proceeds for the Catholic Aid Association which will be held at St. Albert Catholic Church on July 15,2007 (Exemption Permit No. X-00752-06- 001) ACTION ON PULLED CONSENT ITEMS Check number 024022 Check number 024022 to Design Electrical Contractors in the amount of $540.00 was for exit lights, labor, and material for the new City Hall. Following an inspection by the Building Official, it was recommended to add exit signs to the upper level of the building. When the building was being constructed there was no intended use for the upper level. Since then, the city had been contacted by the Crow River Senior group to conduct some exercise classes in the upper level. Therefore, the exit signs were not included in the original bid. MOTION BY Council member Fay, seconded by Council member Berning to approve check number 024022 to Design Electrical Contractors in the amount of $540.00 for additional exit lights, labor, and material for the upper level of the new City Hall. Motion carried unanimously PUBLIC HEARING There were no public hearings set for the Monday, March 19,2007 City Council meeting. 2005 ALBERTVILLE MUNICIPAL CITY CODE TEXT AMENDMENTS AnOfove Ordinance No. 2007-01 entitled an Ordinance Amending Title 10. Chanter 7. Subsection 8 of the 2005 Albertville Municinal City Code Relating to Permitted Business Signs Assistant City Planner Schumacher-Georgopoulos reported that the ground sign zoning text amendment is coming back due to a claim by an applicant that the language was a possible trademark infringement. The requirement the City approved in March 2006 stated that all ground signs are to have dark background with light lettering to reduce the glare, which has the potential of altering the appearance and or color of a businesses' logo. Schumacher-Georgopoulos went on to explain that the City Attorney researched the restrictions stating that there is no clear controlling law in the 8th Circuit Court, which is Minnesota's jurisdiction as to whether a City's ordinance requiring a business to modify its' logo on an outdoor sign constitutes a violation of the Latham Act for trademark protection. Schumacher-Georgopoulos stated that the Planning and Zoning Commission reviewed the text amendment at the February 13, 2007 meeting. The Commission is recommending option two, which is Ordinance No. 2007-01 that was included in the Council packet. In the text amendment, ground signs with lightly colored background would be permitted provided the following conditions are met: M:\Public Data\City Council\Council Minutes\2007 Minutes\M 03-19-07 Final (w-Mikes edits).doc City of Albertville City Council Minutes March 19,2007 Page 3 of 11 1. Hours of illumination are limited to 7 :00 a.m. to 11 :00 p.m., unless the business is open. 2. Illumination of the sign does not exceed 500 lumens per square foot of sign face. Certification from the sign manufacturer shall be provided stating that full illumination of the sign will not exceed 500 lumens per square foot at the sign face. 3. The sign height does not exceed thirty (30) feet. 4. The sign is located three hundred (300) feet from all residential property lines. Council member Berning commented that the reader board portion of the Lake Community Bank ground sign is brighter than the main business portion of the sign; therefore, the restricted hours of illumination would not reduce the amount of glare. Council members discussed the pros and cons to the illumination of the signage. Some members commented that the businesses coming into the city use the signage to identifY and inform the customers of their location. There was additional discussion on the reader board portion of the Lake Community Bank sign being brighter than the actual sign. There was a comment that the reader board portion is always on. It seemed to be the consensus of the Council that they did not want to discourage potential business owners from locating within Albertville, yet at the same time wanted to respect the residents who live here. City Administrator Kruse reported that he had been in contact with Jay Eull from Lake Community Bank and informed the Council that it would require an electrician to set the timing for the reader board portion of the sign. Council questioned if we amend the Text, would Lake Community Bank need to amend their Planned Unit Development (PUD). City Attorney Couri replied stating that the Lake Community Bank development was under a PUD. Couri reminded Council that Lake Community Bank applied for a variance for the signage, allowing the light background. Depending on the outcome of the text amendment, there is the possibility that Lake Community Bank would need to amend the sign variance that they applied for. M:\Public Data\City Council\Council Minutes\2007 Minutes\M 03-19-07 Final (w-Mikes edits).doc City of Albertville City Council Minutes March 19,2007 Page 4 of 11 Council brought up the fact that the City puts together these ordinances or city codes setting these restrictions on signage throughout Albertville. Then you have the Federal Government installing signage on the freeway, which display messages about an "amber alert", "accident ahead', or "icy road conditions". MOTION BY Council member Wagner, seconded by Council member Berning to approve the Planning and Zoning Commissions' recommendation that is stated in Ordinance No. 2007-01 entitled an Ordinance Amending Title 10, Chapter 7, Sub section 8 of the 2005 Albertville Municipal City Code Relating to Permitted Business Signs as amended eliminating the hours of illumination. Motion carried unanimously. Mayor Klecker and Council members brought up the possibility of placing a Moratorium on highway signage within the Albertville city limits until they have had the opportunity to review the text amendment staff is putting together. The Council would like it noted, should an application for signage be submitted to the City for such signage, the applicant would know that the Council is considering a moratorium. Annrove Ordinance No. 2007-02 entitled an Ordinance Amending Annendix A: Chanter 1200: Section 1200.4 of the 2005 Albertville Municinal Citv Code Relating to General Provisions for Off-Street Parking and Section 1200.6 Relating to the Location of Parking Stalls Assistant City Planner Schumacher-Georgopoulos stated the City is considering amendments to its off-street requirements section f the 2005 Albertville Municipal City Code. The proposed amendments address the parking and storage of oversized commercial vehicles and off-street parking standards for angled parking, which the current City Code does not address. City Administrator Kruse reported that it was brought to staff s attention that a business within Albertville would receive deliveries, which the delivery vehicle would park so that it would take up to 2-3 parking stalls within the parking lot. Staff researched the current City Code to enforce the parking situation, when it was discovered there was nothing in the code that addressed the Issue. MOTION BY Council member Wagner, seconded by Council member Berning to approve the Planning and Zoning Commissions' recommendation that is stated in Ordinance No. 2007-02 entitled an Ordinance Amending Appendix A; Chapter 1200; Section 1200.4 of the 2005 Albertville Municipal City Code Relating to General Provisions for Off-Street Parking and Section 1200.6 Relating to the Location of Parking Stalls as amended eliminating Section 1200.6.G and changing the 450 angle aisle width to 18'. Motion carried unanimously. M:\Public Data\City Council\Council Minutes\2007 Minutes\M 03-19-07 Final (w-Mikes edits).doc City of Albertville City Council Minutes March 19, 2007 Page 5 of 11 AnDfove Ordinance No. 2007-03 entitled an Ordinance Amending Title 6. Chanter 2. Section 2 of the 2005 Albertville Municinal Citv Code Relating to Animal Control City Attorney Couri informed the Council that the 2005 Albertville Municipal City Code currently relates to Commercial Kennels only. There is no definition in the City Code that relates to residents that have more than two dogs. Staff is looking for Council direction to update the 2005 Albertville Municipal City Code amending the section adding a definition for private kennels, which would allow residents to have more than two dogs for their personal pleasure provided they follow the conditions that will be updated in the City Code. Couri went on to explain that as staff researched the commercial kennel in the City Code it was noted in the zoning section there was nothing stating where commercial kennels are allowed within the Albertville city limits. Couri then informed the Council that Private Kennels licenses would be issued by the City and the fee associated would be set by Resolution. Commercial Kennel licenses would be issued by Wright County or the Animal Control Authority. Mayor Klecker asked if there was anyone present in the audience that would like to comment on the text amendment relating to kennels within Albertville. Don Deckert of 10739 57th Street NE informed the Council that he and his wife currently own six (6) huskies. Mr. Deckert reported that he participates in sled dog racing and the dogs are his racing team. Mr. Deckert has lived in Albertville for about 10-years, since 2003; to the best of his knowledge has had no complaints from surrounding neighbors. Mr. Deckert shared with the Council that he liked the fact that Wright County handled the kennel licensing, which he did obtain a commercial kennel license in 2003. Mr. Deckert stated that Wright County had a three strike rule, which they enforced. City Attorney Couri inquired from the Council if they wanted a limit on the number of dogs that would be allowed in a residential zoning district. Council could put a condition in the City Code allowing X number of dogs with a purpose; such as K-9 or rescue dogs. These residents could obtain approval for such special cases by the Council. Chris Wall of 5868 Kalland Avenue NE brought to the Council's attention that he and his wife own three (3) huskies. In 2006, he came into the City to license his dogs and had no problem with that, but was not comfortable applying for a commercial kennel license. The City Attorney stated the commercial license is for breeding, boarding, etc, which Mr. Wall is not doing. Mr. Wall talked to a City employee in 2006 questioning the kennel license and was exempt. Mr. Wall would not have a problem applying for a kennel license if the language was amended to identify something other than commercial. M:\Public Data\City Council\Council Minutes\2007 Minutes\M 03-19-07 Final (w-Mikes edits).doc City of Albertville City Council Minutes March 19,2007 Page 6 of 11 City Administrator Kruse wanted to discourage the special cases that would require Council approval. Kruse recommended amending the ordinance or City Code to make it simple. City Attorney Couri summarized what was discussed and the Council appeared to be in agreement to amend the text to be somewhat restrictive yet at the same time simple. Couri wanted to confirm that the Council was in agreement to restrict commercial kennels in an industrial zone. Council directed staff to draft the text amendment to make it more restrictive yet simple and to restrict commercial kennels in an industrial zoning district. Mr. Wall brought to the Council's attention that the USDA has regulations set for commercial breeding of dogs and or cats that may potentially override the City's regulations. Couri stated that staff would research the USDA regulations and incorporate the language in the text amendment that would be presented at the next Council meeting. DEPARTMENT BUSINESS BUILDING DEPARTMENT There was nothing to report on at this time. FIRE DEPARTMENT There was nothing to report on at this time. PUBLIC WORKS DEPARTMENT There was nothing to report on at this time. FINANCE DEPARTMENT There was nothing to report on at this time. CITY CLERK There was nothing to report on at this time. PLANNING AND ZONING Assistant City Planner Cassie Schumacher-Georgopoulos discussed the text amendments earlier in the meeting. M:\Public Data\City Council\Council Minutes\2007 Minutes\M 03-19-07 Final (w-Mikes edits).doc City of Albertville City Council Minutes March 19, 2007 Page 7 of 11 LEGAL There was nothing to report on at this time. CITY COUNCIL Set Allenda Items for Mondav. March 26. 2007 ioint Planninll and Zoninll Commission and Citv Council W orkshoD - Comprehensive Plan Maps - Freeway Signage Height Restrictions - Billboard Signage Electronic Restrictions It was the consensus of the Council members to place the above items on the upcoming workshop. Council directed staff to put together an Ordinance or Resolution placing a moratorium on freeway signage. 2007 Friendlv Citv Davs events - Albertville vs. St. Michael Tournament Council members directed staff to extend an invitation to the St. Michael Council and staff to another softball tournament to be held on Friday, June 8 beginning at 6:00 p.m. This year we will allow time for two innings and Council member Berning would check with the Albertville KC to see if they would be willing to donate some beer. ADMINISTRA nON Written ReDort City Administrator Kruse briefly went over the written report touching on the City Hall construction. Council questioned the mobility of the podium and staff table. According to the plans these tables were supposed to be easy to connect and disconnect, which it does not appear to be. Kruse informed the Council that it was not quite as simple as it appears to be. Yes you can quickly disconnect the podium and then reconnect, but it could take approximately 30 minutes for staff to complete the process. Once you reconnect you would need to verify that everything was connected properly and that it works the way it was intended. Mayor Klecker encouraged the Council members to keep an open mind as to whether we leave the equipment plugged in for now. In the future, Council will evaluate whether to re-Iocate the connection box or go wireless. There was discussion regarding the STMA Ice Arena. Council member Berning informed the Council and staff the fact that some residents or members of the community are looking for a M:\Public Data\City Council\Council Minutes\2007 Minutes\M 03-]9-07 Final (w-Mikes edits).doc City of Albertville City Council Minutes March 19,2007 Page 8 of 11 walking track. The Council was not sure if it was feasible or not to put a walking track in the balcony of the STMA Ice Arena future expansion. There are hockey supporters that enjoy watching the game from the balcony. Skate Board Park After discussing the possibility of re-opening the Albertville Skate Board Park the Council came to the consensus not to re-open; therefore it would remain closed. Council would consider re- opening if it was guaranteed that adults would be there to police the activity that took place. ALBERT VILLAS POND PROJECT STMA HilZh School Bids Received City Attorney Couri reported that Assistant City Engineer Nafstad is currently attending the STMA School Board meeting. At the meeting, the School is making a decision as to whom they will award the bid to for the construction of the new STMA High School. According to the bids that the school received, Frattalone appears to be the low bid for the base grading work for the school. Albertville staff met with STMA School staff to discuss the potential of awarding the bid to Veisor who has a lower bid for the ponding. Staff recommended to Council to make a motion to award the bid to Veisor for the STMA School Project. Staff would then attend the upcoming St. Michael workshop to continue the discussion of the ponding on the school property. Following the workshop, Albertville would then notify the school with the outcome of the workshop. In essence, there does not appear to be a sufficient amount of time line to set a public hearing for a special assessment. There is not enough time to bring this back to the April 2 City Council meeting. Council inquired about the possibility of assessing the properties next year. City Attorney Couri stated that the Council would have approximately twelve (12) months to assess the properties. There was additional discussion on how Albertville can continue some type of coordination to resolve the flood storage mitigation project on the school property. There were a number of unknowns at this point in the process. It is unknown as to what bid the STMA School is going to award; were they going with Frattalone or Veisor. Another unknown is what way the St. Michael Council will go with amending their City Code. The main item that needs to be resolved now is for Albertville to come to an agreement with St. Michael on the ponding. City Attorney Couri informed the Council that staff put together another form of a proposal, or a counter-offer, to present to the St. Michael Council. M:\Public Data\City Council\Council Minutes\2007 Minutes\M 03-19-07 Final (w-Mikes edits).doc City of Albertville City Council Minutes March 19,2007 Page 9 of 11 Assistant City Engineer Nafstad arrived and reported to the Albertville Council and staff that the STMA School Board awarded the base bid to Frattalone, which was the low bid on the base grading work rather than Veisor, which was the low bid for the combined grading and ponding work. City Attorney Couri continued reviewing the alternative proposal, or counter-offer, that the Albertville City Council could present to St. Michael. City Administrator Kruse encouraged the Council to consider the alternate proposal as the costs go up; this is becoming less financially feasible. It seems the best approach is to go with Council member Berning's recommendation to offer $250,000 or $256,000 as a maximum limit to offer to St. Michael. Council member Berning made the recommendation for Mayor Klecker to present Option 2, eliminating number 3 of the proposal, to St. Michael during the upcoming workshop. That is provided St. Michael will even listen or acknowledge Albertville. City Administrator Kruse suggested to the Council that Albertville Council table the item until Tuesday, following the St. Michael Workshop. At that time, the Albertville Council can continue the issue and make a motion whether to go forward or not. ALBERT VILLAS POND OPTIONS WITH ST. MICHAEL Option 2 1. Albertville pays St. Michael $130,000 in fees. 2. Albertville pays Agricultural class taxes on the property until the Montgomery property to the south develops with sanitary sewer service from St. Michael, at which time Albertville begins paying "in lieu of development taxes" payments to St. Michael. 3. Tax payments to be based on a set number, which takes into account the fact that St. Michael developed 16 lots in the Highlands that are coming on line now. That amount is $5,000.00. 4. Tax payment to stop when and if Main Avenue NE connection into St. Michael is placed on the Albertville Comprehensive Plan. Payments will resume when and if Main Avenue NE connection is removed from the Albertville Comprehensive Plan. M:\Public Data\City Council\Council Minutes\2007 Minutes\M 03-19-07 Final (w-Mikes edits).doc City of Albertville City Council Minutes March 19, 2007 Page 10 of 11 5. St. Michael will provide paved access to the Zachman property north ofl-94 within two years of opening of the Main Avenue NE connection into St. Michael. 6. St. Michael will approve all zoning and other City regulatory requirements related to the construction of Albertville's proposed pond on the school property consistent with the alternate grading plan submitted by the school, with such approvals coming before April 10, 2007. MOTION BY Council member Berning, seconded by Council member Wagner to authorize Mayor Klecker to present a counter-offer, Option 2 eliminating number 3, to the St. Michael City Council for the Albertville Villas Pond, which would require a reply back to Albertville by Friday, March 23. Following the motion, Council and staff continued the discussion on how to proceed with the flood storage mitigation for the Albert Villas pond. Assistant City Engineer Nafstad wanted it noted that he had concerns with the School's bids. The bids came in considerably low and on rare occasion low bids are not always good bids, they can become a struggle. It was the consensus ofthe Council to continue the STMA School Project and Ponding until the March 26, 2007 meeting. ENGINEERING Set a date for a Public Hearing for Flood Mitigation Proiect (discussion) Assistant City Engineer Nafstad and City Attorney Couri asked the Council to set a date for a Public Hearing for the Flood Mitigation Project, which special assessment notices would be sent to the appropriate property owners. MOTION BY Council member Berning, seconded by Council member Wagner to set Monday, April 23, 2007 at 7:00 p.m. to hold a Public Hearing for Flood Mitigation Project. Motion carried unanimously. ADJOURNMENT M:\Public Data\City Council\Council Minutes\2007 Minutes\M 03-19-07 Final (w-Mikes edits).doc City of Albertville City Council Minutes March 19,2007 Page 11 of 11 Mayor Klecker asked for a motion at 11 :40 p.m. to recess the regular City Council. MOTION BY Council member Berning, seconded by Council member Fay to recess the regular City Council meeting until Monday, March 26,2007 at 6:45 p.m. or soon thereafter. Motion carried unanimously. R~Kk-L.. Ron Klecker, Mayor ~^~QL~ Bridget Miller ity Clerk ~ M:\Public Data\City Council\Council Minutes\2007 Minutes\M 03-19-07 Final (w-Mikes edits).doc