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2007-04-02 CC MinutesA�Ibcrtvillc snmmM�U in ALBERTVILLE CITY COUNCIL April 2, 2007 Albertville City Hall 7:00 PM PRESENT: Mayor Ron Klecker, Council members Tom Fay, John Vetsch, Dan Wagner, and LeRoy Berning, Assistant City Planner Cassie Schumacher-Georgopoulos, Assistant City Engineer Adam Nafstad, City Attorney Mike Couri, City Administrator Larry Kruse, Finance Director Tina Lannes, Public Works Supervisor Tim Guimont, Wastewater Treatment Superintendent John Middendorf, and City Clerk Bridget Miller ABSENT: 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: removing 8.A. Public Hearing -Resolution No. 2006-69 Vacation of MacKenzie Avenue NE that lies North of 52nd Street NE and South of the Burlington Northern Railroad within the City of Albertville (table at the March 5, 2007 meeting); and adding 9.G.2. Albertville Historical Committee update, and on file in the office of the City Clerk. Motion carried unanimously. MINUTES MOTION BY Council member Wagner, seconded by Council member Fay to approve the Monday, March 19, 2007 regular City Council minutes as amended, and on file in the office of the City Clerk. Motion carried unanimously. Previously read: 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 -locate the connection box or go wireless. Amended to read: MACity Council\Council Minutes\2007 Minutes\M 04-02-07 Final Am City of Albertville City Council Minutes April 2, 2007 Page 2 of 14 Mayor Klecker recommended leaving the electrical connection for the podium in the floor for now. Council will monitor the use of the facility, at which time Council can evaluate the need to re -locate the connection box or direct staff to research the potential of wireless connection. Previously read: 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 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. Amended to read: There was discussion regarding the STMA Ice Arena future expansion. Council member Berning informed the Council and staff the fact that some residents or members of the community are looking for a walking track. The Council discussed as to whether the balcony area of the STMA Ice Arena expansion would be an appropriate location for a walking track. Council member Wagner reported that there are hockey supporters that enjoy watching the game from the balcony; therefore the balcony may not be an appropriate use. INTRODUCTION OF GERALD GERADS Mayor Klecker asked Mr. Gerald Gerads, who is being considered for the position of the Wastewater Treatment Plant Assistant, to introduce himself to the Council. Mr. Gerald Gerads introduced himself to the Mayor and Council members. Gerads informed the Council that he has lived in the area for approximately 10-years. Gerads enjoyed the `small town' atmosphere, which was similar to the town he grew up in. Gerads briefly went over his educational background, as well as his employment history. Gerads asked if the Council had any questions to ask. City Administrator Kruse thanked Gerald Gerads for coming and introducing himself to the Council. Later, on the agenda, the Council will be making a decision to approve hiring of Mr. Gerads. Before going to Citizen Forum, Mayor Klecker wanted to ask Wastewater Treatment Superintendent Middendorf to approach the podium. MACity Council\Council Minutes\2007 Minutes\M 04-02-07 Final Am City of Albertville City Council Minutes April 2, 2007 Page 3 of 14 Mayor Klecker wanted to acknowledge Middendorf on his recent award that the City received for his excellent work on running the treatment plant. 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 Berning, seconded by Council member Fay to approve the consent agenda pulling check number 024084. Motion carried unanimously. A. Approve payment of claims check numbers 024076 to 024128 B. Liquor License Renewals 1). Off -Sale Liquor License a. Holm's Holding (152 Club) b. C. L. Gentile Inc. (Geez Sports Bar & Grill) C. Twin Star Food / Beverage Co. Inc. (Full Moon Saloon & Bar) d. Westside Liquor, Inc. e. Hackenmueller's Inc. (Hack's Liquor Store) f. Coborn's Liquor Store 2). On -Sale Liquor Licenses a. Holm's Holding (152 Club) b. C. L. Gentile Inc. (Geez Sports Bar & Grill) C. Twin Star Food / Beverage Co. Inc. (Full Moon Saloon & Bar) d. D. Michael B's II Inc. e. Major's Sports Cafe f. Space Alien's Grill & Bar g. Cedar Creek Bar & Grill h. Rancho Grande 3). Special Sunday On -Sale Liquor License a. Holm's Holding (152 Club) b. C. L. Gentile Inc. (Geez Sports Bar & Grill) C. Twin Star Food / Beverage Co. Inc. (Full Moon Saloon & Bar) d. D. Michael B's II Inc. e. Major's Sports Cafe f. Space Alien's Grill & Bar g. Cedar Creek Bar & Grill h. Rancho Grande 4). Off -Sale 3.2% Malt Beverage a. Croix Oil — Mobil Convenience Store b. Coborn's Grocery Store MACity Council\Council Minutes\2007 Minutes\M 04-02-07 Final Am City of Albertville City Council Minutes April 2, 2007 Page 4 of 14 5). On -Sale Wine License a. Hong Thai Inc. 6). On -Sale 3.2% Malt Beverage a. Hong Thai Inc. C. Approve Resolution No. 2007-xx entitled a Resolution Approving Plans and Specifications for Municipal Improvements for Proposed Albertville 2007 Street Overlay Project and Authorizing to Advertise for Bids D. Approve Resolution No. 2007-xx entitled a Resolution Approving Plans and Specifications for Municipal Improvements for Proposed Albertville 2007 Sealcoat Improvement Project and Authorizing to Solicit Bids E. Approve application for 3.2 Malt Liquor License for the Albertville Lions for the Albertville Fire Department Steak and Shrimp Dinner to be held on Saturday, April 21 at the St. Albert Parish Center F. Approve the Bolton & Menk, Inc. Engineer's recommendation to Release the Letter of Credit for Mooney's 2nd Addition from $25,000 to $0.00 ACTION ON PULLED CONSENT ITEMS Check number 024084 to Barr Engineering Company in the amount of $1.604.24 Finance Director Lannes explained that Barr Engineering Company is connecting with Jason J. Kuboushek, from Iverson Reuvers who is representing the City on the Edina Development litigation. MOTION BY Council member Berning, seconded by Council member Wagner to approve check number 024084 to Barr Engineering Company in the amount of $1,604.24 for engineering services for the Albert Villas litigation. Motion carried unanimously. PUBLIC HEARING Resolution No. 2006-69 Vacation of MacKenzie Avenue NE that lies North of 52nd Street NE and South of the Burlington Northern Railroad within the City of Albertville (table at the March 5. 2007 meeting) City Attorney Couri asked the Council to pull the Resolution off the agenda until the Monday, April 16, 2007 regular City Council meeting. DEPARTMENT BUSINESS BUILDING DEPARTMENT There was nothing to report on at this time. MACity Council\Council Minutes\2007 Minutes\M 04-02-07 Final Am City of Albertville City Council Minutes April 2, 2007 Page 5 of 14 FmE DEPARTMENT There was nothing to report on at this time. Public Works Department Public Works Monthlpdate Public Works Supervisor Guimont reported that a gentleman from Environmental Wood Supply, LLC is willing to assist with the Albertville compost site. What Environmental Wood Supply, LLC would do is come to the compost site and chip and haul away the brush at no cost to the city. Council inquired how the process would work. Would the city need to increase the size of the compost site? PW Supervisor Guimont replied by stating the compost site would have to be doubled in size. Council members do not want to see the compost site to become too large. Council agreed to do a pilot program and allow Environmental Wood Supply, LLC (EWS, LLC) to chip and haul away the brush, but the compost site shall not become too large. Guimont went on to explain that if the agreement with EWS, LLC pilot program works well, would the Council consider working with the City of Otsego and open the compost site to abutting residents from Otsego. Council members discouraged Guimont to from allowing abutting residents from Otsego access to the compost site. Guimont then reported that the street sweeping has been postponed for about a week due to the weather. However, the city streets will be swept within the next couple of weeks. Following the street sweeping, staff will begin the process of crack filling. Guimont reminded the Council that in 2006, staff rented a router to increase the width of the cracks, which would allow the crack fill to seal better. Guimont informed the Council that he had been in contact with the PW Supervisor in St. Michael and discussed the possibility of jointly purchasing a router. Guimont was looking for Council direction or approval to jointly purchase a router at a cost not to exceed $4,000.00. MOTION BY Mayor Klecker, seconded by Council member Fay to approve a joint purchase of a router with the City of St. Michael at a price not to exceed $4,000.00. Motion carried unanimously. MACity Council\Council Minutes\2007 Minutes\M 04-02-07 Final Am City of Albertville City Council Minutes April 2, 2007 Page 6of14 Finance Department Accounts Receivable Update Finance Director Lannes very briefly updated the Council on the Accounts Receivable by informing them that 30% of outstanding is due from Edina Development and Gold Key. Project Status Update Finance Director Lannes reported that the Project Status has not changed much for the first quarter of 2007 as very minimal payments, if any, have been made to contractors. Quarterly U date Finance Director Lannes reviewed the I" Quarter Budget bringing to the Council's attention the Revenues and Expenditures should be at approximately 25%. According to the records, Albertville is currently at 3.9% of its annual budgeted revenue for the General Fund, which is due to the fact that the City does not receive tax settlements until July. As far as the expenditures are according to the records, Albertville is currently looking at 10.6% of its annual budgeted expenses. Council requested a Revenue update from Building Official Sutherland at a future meeting. Fire Department 800 mhz Update Finance Director Lannes reported that as per Council request to research the timing and cost for the 800 MHZ switch over at the Fire Hall. Staff reported that according to Wright County the proposed date for the turn over to 800 MHZ is on the completion date of the new jail, which is projected to be 2009. 2006 estimated costs for portable Motorola's on this system are $2,300 and mobiles are about $4,000 each. Lannes reviewed the City's needs regarding the conversion, which is estimated at $42,000 plus maintenance. Maintenance costs have come down since the 2005 notification from Motorola for 2006 per radio and type of radio. It depends on the number of units Albertville will need, the annual maintenance on these is estimated at $4,000 per year. Lannes concluded stating that staff will revisit the information during the 2008 budget process, which begins in June 2007. City Clerk There was nothing to report on at this time. MACity Council\Council Minutes\2007 Minutes\M 04-02-07 Final Am City of Albertville City Council Minutes April 2, 2007 Page 7of14 Planning and Zoning Albertville Marketplace Phil Morris Property) - Approve Resolution No. 2007-xx entitled a Resolution Approving a Preliminary Plat and Planned Unit Development PUD), Conditional Use Permit (CUP) for the Albertville Marketplace Located at the Corner of CSAH 37 and Interstate 94 within the City_ of Albertville - Bolton & Menk, Inc. Engineers Report - Developer's Agreement Assistant City Planner Schumacher-Georgopoulos began by reporting that Phil Morris, along with his development team, has submitted a Planned Unit Development (PUD) — Conditional Use Permit (CUP) to include a Preliminary Plat for Council approval. The property is located in the southeast quadrant of CSAH 37 and Interstate 94. The proposed development is to be known as Albertville Marketplace, which consists of various retail and commercial uses that will include a bank, motor fuel station — carwash, and a restaurant. Albertville has reviewed two (2) previous PUD Concept Plans, one in August 2003 and one in May 2004. The current concept plan being presented appears to be much more intense in terms of the number of buildings, proposed building floor area and traffic circulation. The two (2) previous plans that were submitted offered more green space, greater building and parking area setbacks. According to the current plan, there are five (5) commercial buildings with a total of 29,100 square -feet of floor area with an integrated village design. Taking into consideration the fact that the current plan is more intense, the proposal appears to be in line with the B-3 Zoning District requirements. City staff has reviewed a Concept Plan for the subject site in May 2006. The applicant has made several revisions in response to City staff and City officials' comments following the review of the concept plan. In addition to the revised site and building plans submission, the applicant has included the submission of a traffic study concerning traffic generation and circulation patterns for the proposed development. Schumacher-Georgopoulos explained that the applicant is requesting a PUD-CUP in order to allow for the proposed mix of uses that would include the motor fuel -car wash sales and a drive through, which are conditional uses in the B-3 Zoning District, also to establish lots that do not have direct access to a public street. The subject site is proposed access off of CSAH 37. This access location does not meet Wright County's intersection spacing requirements; however, Wright County is approving the full access noting that as the area continues to develop and traffic volumes increase, future street designs may require this access to be changed to a right -in, right -out only access. Albertville offers no assurances that direct, full access to CSAH 37 will be maintained in the future, and; therefore, an alternate access is necessary. Council wanted to make sure that the trash enclosures are screened from the freeway exits. As a motorist exits off of I-94 this development would be a possible first impression of Albertville. MACity Council\Council Minutes\2007 Minutes\M 04-02-07 Final Am City of Albertville City Council Minutes April 2, 2007 Page 8 of 14 Council members had a concern with the stipulation as it applied towards the construction of the gas station. It was the Council understanding that the gas station would be constructed after the restaurant or retail building. According to the revised plans, Council questioned if there was a need for the raised median or not at the entrance of Street A on the site plan. Assistant City Engineer Nafstad informed the Council that it is a stripped median rather than a raised median, which would allow for easier maintenance of the roadway. There was concern from a couple of Council members whether to install a raised median or not at the entrance off of CSAH 37. Council members could foresee the development becoming successful and motorists will stack up trying to access Street A from the motor fuel -car wash site; therefore causing traffic congestion. If a raised median were installed it would distract the motorist from taking a left turn; therefore forcing them to turn right. Assistant City Engineer Nafstad stated that staff will review the median issue and report back at a future meeting or prior to the development going before Council for Final Plat approval. According to the March 19, 2007 memorandum, which includes an updated Resolution, staff does not know when or if a three-legged signalized intersection will be installed nor does staff know when or if the trail along CSAH 37 will be installed. Page 3; Preliminary Plat 2. In lieu of installing a three-legged stoplight ("Traffic Signal") at the entrance to applicant's property upon development of the plat, the City shall construct the Traffic Signal and Applicant shall agree to be specially assessed and waive its right to appeal a special assessment of 100% of the costs of the Traffic Signal. The current cost estimate of the Traffic Signal is $231,000.00 and shall be indexed using the engineer's index to determine the amount of the special assessment at the time of the assessment. The Traffic Signal shall be installed when either Wright County of the City finds that it is in the public's health, interest and welfare to have the Traffic Signal installed. Page 4; Preliminary Plat 3. In lieu of constructing a trail along the north side of the property bordering CSAH 37 upon development of the plat, the City may construct the trail in the future and the Applicant shall agree to be specially assessed and waive its right to appeal a special assessment of 100% of the costs of the trail, said special assessment employing an indexing system similar to that used for the Traffic MACity Council\Council Minutes\2007 Minutes\M 04-02-07 Final Am City of Albertville City Council Minutes April 2, 2007 Page 9of14 Signal. The City engineer shall provide a current estimated cost at the time of final plat approval. Council questioned why the City would be responsible for maintaining the pond that is located on Outlot C. City Attorney Couri reported that it appears that the stormwater from Street A will be drained into the pond, which is why the City would share the maintenance of the pond. According to the updated Resolution included with the March 19, 2007 memorandum, on page 4, item 4: The applicant shall deed Outlot B to the City for use as a sanitary sewer lift station to be constructed by the City. Council had concerns regarding the loading and unloading area for the five (5) buildings. There was a question from the Council as to the location of the tanks for the motor fuel station. It appeared to a couple Council members when the tanks are being filled the trucks would block the flow of traffic. The applicant explained that they have done their best to demonstrate and address the loading and unloading area for the site, which included the fuel tanks. At this point during the meeting the City Attorney Couri reviewed the highlights of the Albertville Marketplace Developer's Agreement, which a revised copy was distributed at the meeting along with a summary. Couri reported that paragraph IE of the Developer's Agreement identifies that Lots 1 and 3 may be any B-3 uses; Lot 2 may be a gas station/convenience store; Lot 4 must be a restaurant of at least 4,000 square -feet. Mayor Klecker asked for clarification pertaining to paragraph IF of the Developer's Agreement, which discussed the amendments to the City's zoning ordinances or comprehensive plan. City Attorney Couri explained that should the City amend the 2005 Albertville Municipal City Code, these changes would not pertain to this site for approximately two (2) years. Couri brought up paragraph 1L. of the Developer's Agreement reporting that the property owners will maintain the pond, but the City will pay owners for its share of maintenance based on the percent of water from the road that drains into the pond. Couri noted that the installation of the traffic signal was included in the Developer's Agreement in paragraph 10. Council member Fay brought up the fact that in the past developer's would bring renderings of the buildings that would be built within the various developments. Fay noted that he would like MACity Council\Council Minutes\2007 Minutes\M 04-02-07 Final Am City of Albertville City Council Minutes April 2, 2007 Page 10 of 14 the applicant or developer to present these renderings to allow the Council a better visual of the percentage of brick or stone on the exterior of the buildings. City Attorney Couri reported that paragraph 1P. of the Developer's Agreement notes that 50% of each building's exterior wall must be brick or stone, which excludes glass. Mayor Klecker asked if there was anyone in the audience that wanted to speak regarding the Albertville Marketplace. St. Albert Cemetery custodian inquired if there was a possibility that the cemetery site would be allowed to hook up to city water for the purpose of installing a sprinkler system. The custodian went on to explain that he currently hauls water off -site and hand sprinkles the grounds. Staff reported that they would review the possibility of the cemetery to hook up to city water. Council wanted to confirm that the applicant will not be expected to present a site and building plan review for the Council. Council had concerns with the end product or exterior appearance of the buildings that will be constructed within the site. Staff confirmed that the applicant would not be required to obtain a site and building plan review as the user for the specific building or buildings has not been identified. Staff informed the Council that they will meet with the developer to obtain more details on the materials that would be used on the buildings. City Attorney Couri summarized some of the Council's concerns, which consisted of the sidewalk on the west side of Street A, water stub to cemetery, 50% of the exterior wall shall be brick or stone (excluding glass), updated renderings, and curb cut for cemetery. Council member Fay wanted it included in the Developer's Agreement that if there are berming issues on the site the berm must be in compliance by October 2008. Mayor Klecker asked if the applicant or developer for Albertville Marketplace was present and had any comments. Linda Fisher, attorney for Albertville Marketplace, introduced herself and other members, which were George Daniels of Boulder Properties, Neil Weber the Architect, and Gary Greninger. Fisher explained that we have been working on the site for the past three (3) years. Daniels recommended stepping up the landscaping and such on the site. Fisher informed the Council that the applicant can commit to the architectural standards, but would like to leave it to the end result of the potential user. Assistant City Planner Schumacher-Georgopoulos went over the amendments to the Resolution — Findings of Fact, which will include the sidewalk or trail on the westerly side of the site, the MACity Council\Council Minutes\2007 Minutes\M 04-02-07 Final Am City of Albertville City Council Minutes April 2, 2007 Page 11 of 14 water stub to the cemetery, the 50% brick or stone on the exterior wall (excludes glass), site or building renderings brought back for Council review, and curb cut — future access to cemetery. MOTION BY Council member Vetsch, seconded by Council member Fay to approve Resolution No. 2007-xx entitled a Resolution Approving a Preliminary Plat and Planned Unit Development (PUD), Conditional Use Permit (CUP) for the Albertville Marketplace located at the Corner of CSAH 37 and Interstate 94 within the City of Albertville and Bolton & Menk, Inc. Engineers Report as amended, which would consist of the sidewalk on the west side of Street A, water stub to cemetery, 50% of the exterior wall shall be brick or stone (excluding glass), updated renderings, and curb cut for cemetery. Motion carried unanimously. MOTION BY Council member Vetsch, seconded by Council member Fay to approve Albertville Marketplace (Phil Morris Property) Developer's Agreement, which was amended and presented during the April 2, 2007 regular City Council meeting, to include any changes noted during the meeting, which consisted of the sidewalk on the west side of Street A, water stub to cemetery, 50% of the exterior wall shall be brick or stone (excluding glass), updated renderings, and curb cut for cemetery and on file of the office of the City Clerk. Motion carried unanimously. irie Rim 7" Additinn - Kyler Avenue NE within the City of Albertville Assistant City Planner Schumacher-Georgopoulos explained all that is taking place is splitting Lot 1, Block 1 of the Shoppes at Prairie Run, which would allow for two separate owners of the two lots. All previous conditions, findings of facts, and Developer's Agreement that was approved for the Shoppes at Prairie Run would apply to both lots of the Shoppes of Prairie Run 2nd Addition. Council inquired if there would be a sidewalk connection from the development to the CSAH 19 trail. City Attorney Couri stated that a Developer's Agreement for the Shoppes at Prairie Run is already in place. There is no record of a sidewalk connection from the development to CSAH 19; furthermore it would not be cost effective to draft up a revised Developer's Agreement to include the sidewalk connection to CSAH 19. MOTION BY Council member Berning, seconded by Council member Wagner to approve Resolution No. 2007-xx entitled a Resolution Approving Shoppes of Prairie Run 2nd Addition Preliminary Plat and Final Plat located at 5292 Kyler Avenue NE within the City of Albertville as presented. Motion carried unanimously. MACity Council\Council Minutes\2007 Minutes\M 04-02-07 Final Am City of Albertville City Council Minutes April 2, 2007 Page 12 of 14 Engineering Approve Resolution No. 2007-xx entitled a Resolution Ordering Plans and Specifications for the Albertville Marketplace Phil Morris) Lift Station Assistant City Engineer Nafstad reported the three main components of the lift station, which are the preliminary engineering report, the design of the plans and specs for the lift station, followed by the construction of the lift station and start up or use of the lift station. MOTION BY Council member Fay, seconded by Council member Berning to approve Resolution No. 2007-xx entitled a Resolution Ordering Plans and Specifications for the Albertville Marketplace (Phil Morris) Lift Station as presented in the April 2, 2007 Council packet. Motion carried unanimously. Legal Approve Ordinance No. 2007-03 entitled an Ordinance Amending Title 6, Chapter 2. Section 2 of the 2005 Albertville Municipal City Code Relating to Animal Control City Attorney Couri briefly went over Ordinance No. 2007-03 entitled an Ordinance Amending Title 6, Chapter 2, Section 2 of the 2005 Albertville Municipal City Code Relating to Animal Control. Couri stated to the Council that the ordinance defines two types of kennels to bring the Code up-to-date. Couri noted page 97 of the Council packet, paragraph 6-2-17 Private Kennels informing the Council of the rules and regulations for a private kennel license. One of the rules would be to obtain the consent of 80% of neighboring property owners within one -hundred feet. MOTION BY Council member Vetsch, seconded by Council member Berning to approve Ordinance No. 2007-03 entitled an Ordinance Amending Title 6, Chapter 2, Section 2 of the 2005 Albertville Municipal City Code Relating to Animal Control as presented in the Monday, April 2, 2007 Council packet. Motion carried unanimously. Approve Ordinance No. 2007-04 entitled an Ordinance Amending Title 5, Chapter 5. Section 2 of the 2005 Albertville Municipal City Code Pertaining to the Hours of Operating Equipment City Attorney Couri reported that the 2005 Albertville Municipal City Code sections pertaining to hours of operating equipment for construction repair and power equipment were inconsistent. MOTION BY Council member Vetsch, seconded by Mayor Klecker to approve Ordinance No. 2007-04 entitled an Ordinance Amending Title 5, Chapter 5, Section 2 of the 2005 Albertville Municipal City Code Pertaining to the Hours of Operating Equipment as presented in the Monday, April 2, 2007 Council packet. Motion carried unanimously. MACity Council\Council Minutes\2007 Minutes\M 04-02-07 Final Am City of Albertville City Council Minutes April 2, 2007 Page 13 of 14 City Council Albert Villas Stormwater Ponding((discussionl City Administrator Kruse presented the Council a copy of a letter from the City of St. Michael with a counteroffer regarding the Albertville Flood Mitigation Project. Assistant City Engineer Nafstad reported what the cost estimates for the Albert Villas Stormwater Ponding would be. The total project cost is approximately $949,700.00. 50% would potentially be assessed to the Albert Villas residents and 50% of the cost would be funded by raising the stormwater utility fee (city-wide). MOTION BY Council member Fay, seconded by Council member Berning to counteroffer to St. Michael's counteroffer is as follows: Albertville will pay St. Michael an initial $128,000 initial non-refundable cash payment upon approval of Albertville's pond submission as set out in paragraph no. 3 below. 2. Albertville will pay St. Michael a $7,500 annual payment beginning January 1, 2008 for a period of 30 years. This annual payment would be placed by the City of St. Michael in an interest bearing account. If Main Street is constructed from 50d' Street NE to the platted Edgewood Drive at the St. Michael border prior to the 30d' and final annual payment, St. Michael will agree to return all annual payments with interest to the City of Albertville. If the Main Street connection has not been constructed before the 30d' annual payment, then the City of St. Michael would not be obligated to return the annual payments. St. Michael will approve all City regulatory requirements necessary for the construction and operation of Albertville's proposed pond on the school property consistent with the alternate grading plan submitted by the school, with such approvals by April 26, 2007. Albertville's City Council remains concerned that even with the favorable bids received, the costs of the ponding project stand at approximately $950,000 including the costs of St. Michael's March 28d' counteroffer. A large portion of these costs are going to be borne by the residents of the Albert Villas subdivision where past flooding has occurred. It is critical to these residents that the costs of this project be reduced to a manageable level. The Albertville City Council believes that a $7,500 annual payment over the 30 year period would help to make this project more affordable for the Albert Villas residents, and is thus asking the St. Michael City Council to consider this counteroffer. Albertville has scheduled a special City Council meeting on April 1 lth to decide this issue ahead of a scheduled April 23rd public hearing on the ponding project. Your MACity Council\Council Minutes\2007 Minutes\M 04-02-07 Final Am City of Albertville City Council Minutes April 2, 2007 Page 14 of 14 response would be appreciated by April 1 lth, if possible. Assuming, that this proposal is acceptable to St. Michael, Albertville agrees that the City Attorneys and staffs from each City should work together to prepare a document for the formal approval of each City Council. Motion carried unanimously. MOTION BY Council member Fay, seconded by Mayor Klecker to set Wednesday, April 11, 2007 at 6:30 p.m. or soon thereafter to review and discuss the decision from St. Michael pertaining to the counteroffer on the Albertville Flood Mitigation (Albert Villas Ponding). Motion carried unanimously. Administration Personnel Committee March 30, 2007 Agenda — Minutes - Authorization to Hire Gerald Gerads for the position of Utility perator Assistant MOTION BY Council member Fay, seconded by Mayor Klecker to approve the Authorization to Hire Gerald Gerads for the position of Wastewater Treatment - Utility Operator Assistant. Motion carried unanimously. Albertville Historical Committee Council member Berning reported to the Council members and staff that there are about four (4) residents interested in serving on the Albertville Historical Committee. The first meeting will be held on Wednesday, April 11, 2007, which will begin at 7:00 p.m. and be held at City Hall. Berning invited any Council members that were interested to intend. ADJOURNMENT MOTION BY Council member Fay, seconded by Council member Berning to adjourn at 10:50 p.m. Motion carried unanimously. Ron Klecker, Mayor Bridget Miller, City Clerk MACity Council\Council Minutes\2007 Minutes\M 04-02-07 Final Am