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2007-05-21 CC Minutes ~ AJ1?.€I!'!iJl~ ALBERTVILLE CITY COUNCIL May 21, 2007 MINUTES Albertville City Hall 7:00 PM PRESENT: Mayor Ron Klecker, Council members Dan Wagner, John Vetsch, LeRoy Berning, and Tom Fay, Assistant City Planner Cassie Schumacher-Georgopoulos, Assistant City Engineer Adam Nafstad, City Attorney Mike Couri, City Administrator Larry Kruse, Building Official Jon Sutherland, 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 Vetsch, seconded by Council member Fay to approve the agenda as amended adding the following items: 9.F.2. 9.F.3. 9.F.4. 9.G.1. 9.G.2. 9.1.1. 9.1.2. 9.1.3. 9.1.4. Site Utilities NW Commercial Park Silt Fence Update Closed Session to Discuss Gold Key's Request to Reduce Letters of Credit Approve Resolution No. 2007-xx entitled a Resolution Declining the Request to Reduce the Letter of Credit from Gold Key Weed Ordinance Amendment Set Date for Workshop with Wright County Sheriff s Department City Building Rental-Lease Update Employee/Consultant Review Materials Motion carried unanimously. MINUTES MOTION BY Council member Fay, seconded by Mayor Klecker to approve the Monday, May 7, 2007 regular City Council minutes as presented, and on file in the office of the City Clerk. Motion carried unanimously. M:\Public Data\City Council\Council Minutes\2007 Minutes\M 05-21-07 Final.doc City of Albertville City Council Minutes May 21,2007 Page 2 of 11 MOTION BY Council member Fay, seconded by Council member Berning to approve the Monday, May 8, 2007 Board of Review minutes as presented, and 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. Todd Kasper of 5598 Main Avenue NE brought to the Council's attention the properties abutting his, in which the neighbors do not keep or maintain the property on a routine basis. The City notifies the homeowner and the grass gets mowed, but it does not continue throughout the season. Council member Vetsch noted there are situations arising where the homeowner mows only the front portion of the lawn, but does not tend to the rear portion. Vetsch has brought it to PW Supervisor Guimont's attention to send a notice to the homeowner to take care of the entire yard. Mayor Klecker informed Mr. Kasper that later in the meeting the Council will be discussing the weed ordinance pertaining to the allowable height before a notice is sent. CONSENT AGENDA MOTION BY Council member Vetsch, seconded by Mayor Klecker to approve the consent agenda pulling check numbers 024290, 024295, 024305. A. Approve payment of claims check numbers 024258 to 024313 B. Approve Bonestroo City Engineer's recommendation for Payment No. 11 to Brietbach Construction in the amount of$130,664.35 for City Hall construction C. Approve Bolton & Menk, Inc. City Engineer's recommendation for Payment No.8 and Final for 2003-CSAH 19 Upgrade to Knife River Company in the amount of $16,319.35 D. Approve application for 3.2 Malt Liquor License for the Titan's Annual Softball Tournament at Central-City Park on June 2, and June 3 Motion carried unanimously. ACTION ON PULLED CONSENT ITEMS Check number(s) 024290. 024295 City Administrator explained check number 024290 was for installation of carpet in the City Hall storage room. The storage room off ofthe Multi-purpose room originally was not to be carpeted, M:\Public Data\City Council\Council Minutes\2007 Minutes\M 05-21-07 Final.doc City of Albertville City Council Minutes May 21, 2007 Page 3 of 11 which appeared to be unfinished. Since there was sufficient carpet leftover, it was recommended to place carpet in the storage room. City Administrator reported on check number 024295 stating when the floors at City Hall were waxed with the original bid were of okay quality, but thought the floors could use some touch up after the winter season. MOTION BY Council member Berning, seconded by Council member Wagner to approve check numbers 024290 in the amount of $824.00 payable to Multiple Concepts Interiors for installation of carpet in the storage room at City Hall, and 024295 in the amount of $1 ,502.73 payable to North American Cleaning Corp. for cleaning and maintenance per contract. Motion carried unanimously. Check number(s) 024305 City Administrator explained the repair was for the parks. City Clerk read the invoice informing the Council it was for repairs to the fountain at the Lions Pavilion and Central Park. MOTION BY Council member Berning, seconded by Council member Wagner to approve check numbers 024305 in the amount of $431.00 payable to Sunrise Plumbing for repairs to Lions Pavilion fountain and Central Park Shelter. Motion carried unanimously. 1-94 WEST CHAMBER OF COMMERCE - UPDATE ON 1-94 INTERCHANGE PROMOTION AND THE CHAMBER'S TRIP TO WASHINGTON (Kathleen Poate) Kathleen Poate with the 1-94 West Chamber of Commerce thanked the Council for allowing her to speak before them. Ms. Poate handed out welcome packets to the Council and reported on what the 1-94 West Chamber of Commerce does. Poate demonstrated to the Council the services they provide to the City. Poate went on to report that several years ago the 1-94 West Chamber of Commerce invited the Council to attend an information meeting as to what the Chamber could provide to the City. One of the ongoing concerns of the Chamber is transportation along the 1-94 corridor. The Chamber has inquired from each City the updates on the various interchanges. There is one in Rogers at Hwy. 101, one in St. Michael at Naber Avenue, two in Albertville - CSAH 37 and CSAH 19, and then the Bracktin interchange. Poate brought to the Council's attention what she does every year, which is go to the State Capital to promote transportation along the 1-94 corridor. This year, Ms. Poate explained that members of the 1-94 West Chamber of Commerce will be going to Washington DC to talk to Congress and Representatives bringing to their attention that there is a concern in Minnesota in regards to the transportation along 1-94 corridor within the two counties (Hennepin and Wright). M:\Public Data\City Council\Council Minutes\2007 Minutes\M 05-21-07 Fina1.doc City of Albertville City Council Minutes May 21, 2007 Page 4 of 11 Poate informed the Council that the 1-94 West Chamber of Commerce will work together with the Tinklenberg Group to pursue our transportation needs in Minnesota. Poate went on to explain to the Council that she has been tracking the transportation bill that is before the legislative representative, which appears to be in a bit of trouble. Ms. Poate again, thanked the Council again for allowing her to discuss the transportation issues and concerns tonight. PUBLIC HEARING ApPROVE RESOLUTION No. 2007-xx ENTITLED RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ALBERTVILLE, MINNESOTA AUTHORIZING THE ISSUANCE, SALE, AND DELIVERY OF ITS REVENUE BONDS UNDER MINNESOTA STATUTES, CHAPTER 462C, AS AMENDED, AND A TRUST INDENTURE; AUTHORIZING THE LOAN OF THE PROCEEDS OF THE REVENUE BONDS TO GROUP FOR AFFORDABLE HOUSING - ALBERTVILLE, LLC TO REFINANCE A HOUSING PROJECT FOR SENIORS AND FINANCE IMPROVEMENTS TO A HOUSING PROJECT FOR SENIORS; ApPROVING THE FORM OF AND AUTHORIZING THE EXECUTION AND DELIVERY OF THE REVENUE OBLIGATIONS AND RELATED DOCUMENTS; AND PROVIDING FOR THE SECURITY, RIGHTS, AND REMEDIES WITH RESPECT TO THE REVENUE OBLIGATIONS Mayor Klecker opened the public hearing at 7:20 p.m. Andy Pratt with Kennedy & Graven reported that on September 23, 1999, the City issued the following obligations at the request of Group for Affordable Housing-Albertville, LLC. Pursuant to Minnesota Statutes, Chapter 462C, the City is authorized to issue revenue bonds to make loans to finance the acquisition of a multi-family housing development by a nonprofit corporation, which will operate the development for rental primarily to elderly or handicapped persons. Under the terms ofthe Act, the City may also issue revenue bonds for the purpose of refunding any revenue bonds of the Issuer issued under the Act including the payment of any redemption premium and any interest to accrue to the redemption date. A public hearing is mandated by the State for the authorization of the Revenue Bonds. Robert Foster with the Albertville, LLC reported that the Group of Affordable Housing is looking at refinancing; therefore is the reason for the issuance of the bonds. There is no intention of selling the property. The small amount of money that is made from the refinancing would go back into the development for repairs or deferred maintenance of the property. City Attorney Couri asked Mr. Foster ifhe would leave a contact name and phone number with the City Administrator. There have been instances when the manager of the complex is not available and the City needs to contact someone. City Attorney Couri summarized this is a standard issuance of bonds similar to those when it was initially constructed. M:\Public Data\City Council\Council Minutes\2007 Minutes\M 05-21-07 Final.doc City of Albertville City Council Minutes May 21, 2007 Page 5 of 11 Mayor Klecker closed the public hearing at 7:30 p.m. MOTION BY Council member Berning, seconded by Council member Wagner to approve Resolution No. 2007-xx entitled Resolution ofthe City Council ofthe City of Albertville, Minnesota Authorizing the Issuance, Sale, and Delivery of its Revenue Bonds Under Minnesota Statutes, Chapter 462C, as Amended, and a Trust Indenture; Authorizing the Loan of the Proceeds of the Revenue Bonds to Group for Affordable Housing - Albertville, LLC to Refinance a Housing Project for Seniors and Finance Improvements to a Housing Project for Seniors; Approving the Form of and Authorizing the Execution and Delivery of the Revenue Obligations and Related Documents; and Providing for the Security, Rights, and Remedies with Respect to the Revenue Obligations as presented. Motion carried unanimously. DEPARTMENT BUSINESS PUBLIC WORKS DEPARTMENT Public Works Committee discussion on 2007 Mosauito Control (no action needed) l\;1ayor Klecker asked the members of the Council if they felt spraying for mosquitoes helped control them. Council member Berning reported that he did not feel it was effective in the control of the mosquito population; therefore would not be cost effective to spray again. It was the consensus of the Council to hold off on contracting with Mosquito Control to spray for mosquitoes in the 2007. W ASTEW ATER TREATMENT PLANT Wastewater Treatment Plant Superintendent Middendorf did not have items to report on during the meeting. BUILDING DEPARTMENT Discussion on Amending: the 2005 Albertville Municioal Citv Code oertaining: to 1306 Fire Sorinkler Ootions - Aoorove Ordinance No. 2007-xx entitled an Ordinance Amending: the 2005 Albertville Citv Code Relating: to Adootion of the Building: Code Building Official Sutherland stated that in 2004 the adoption of the 1306 Fire Sprinkler option was presented before the Council, which it was not adopted. M:\Public Data\City Council\Council Minutes\2007 Minutes\M 05-21-07 Final.doc City of Albertville City Council Minutes May 21,2007 Page 6 of 11 City Attorney Couri brought to the Council's attention that the optional 1306 Section of the MN State Building Code was in error included in the 2005 Albertville Municipal City Code, which is currently not being enforced. Staff is inquiring if the Council would re-consider adopting the Fire Sprinkler option. Council member Vetsch informed the Council that it was brought to his attention that when a business owner moved from one facility with a sprinkler system to another location that did not have a sprinkler system the insurance almost doubled. It was questioned as to whether there are other buildings where the opposite of the scenario presented by Vetsch reported, where the insurance would go up because there was a sprinkler system within the building? An example would be a concrete structure had a sprinkler system could cause water damage. Council member Berning questioned whether the City should approve the option 1306 Fire Sprinkler Ordinance or not. City Attorney Couri pointed out that the exceptions found on page 44 of the Council packet state: 1. The floor area of minor additions that do not increase the occupant load does not have to be figured into the square footage of occupancy classifications established in part 1306.0030, items A to E. Couri interrupted that pre-existing buildings that would like to add to the structure, the only portion that would require a sprinkler system would be the new portion of the building. Council member Fay shared with the members as to whether the pre-existing facilities would be equipped to handle converting to a sprinkler system. Council member Berning disputed as to whether the Council should approve the Ordinance adopting the 1306 Fire Sprinkler option without additional research on the unknowns. Council directed staffto do additional research and contact the City of Rogers on the adoption of 1306 Fire Sprinkler option and report back at the June 4, 2007 Council meeting. MOTION BY Council member Berning, seconded by Council member Fay to table Ordinance No. 2007-xx entitled an Ordinance Amending the 2005 Albertville City Code Relating to Adoption ofthe Building Code as presented until the June 4, 2007 regular City Council meeting or soon thereafter. Motion carried unanimously. FINANCE DEPARTMENT Finance Director Lannes did not have items to report on during the meeting. M:\Public Data\City Council\Council Minutes\2007 Minutes\M 05-21-07 Final.doc City of Albertville City Council Minutes May 21,2007 Page 7 of 11 City Clerk City Clerk Miller did not have items to report on during the meeting. PLANNING AND ZONING AnDfove Ordinance No. 2007-xx entitled an Ordinance Amendilllz Annendix A. Chanter 200. Chanter 2300. and Chanters 3100 - 4850 Relatilll.! to Snecific the KeeninlZ of Animals within the Citv of Albertville Assistant City Planner Schumacher-Georgopoulos reported that the City of Albertville has required changes to the language for kennels and the care of animals in the 2005 Albertville Municipal City Code. Following the discussions with the City Council and Albertville residents, City Attorney Couri presented an Ordinance amending the City Code pertaining to the Animal Control Regulations adding new language allowing private kennels. After the adoption, the Planner has prepared and is presenting an amendment to the Zoning Section of the 2005 Albertville Municipal City Code to include the language for kennels and the care of animals. MOTION BY Council member Wagner, seconded by Council member Vetsch to approve Ordinance No. 2007-xx entitled an Ordinance Amending Appendix A, Chapter 200, Chapter 2300, and Chapters 3100 - 4850 Relating to Specific the Keeping of Animals within the City of Albertville as presented. Motion carried unanimously. AnDfove Ordinance No. 2007-xx entitled an Ordinance AmendinlZ Section 10-7-8 of Chanter 7 RelatinlZ to Permitted Business SilZns Assistant City Planner Schumacher-Georgopoulos stated that through discussion at the April 23, 2007 joint workshop the issue has been risen about controlling the height of commercial signs on lots with freeway frontage. Currently, there are a minimum number of sites that have taken advantage of the allowed extended height along the freeway. However, the current discussion of land use changes, more land along the 1-94 corridor may be opened to commercial use. The expansion of the commercial use will allow for more 75 foot signs to be constructed within the Albertville city limits along its main traffic corridor. As of today, there are primarily three signs that have been the main focus of concerns, which have been allowed the extended height; Culvers, Mobil, and Second Wind. Staff has conducted research on the surrounding communities on the allowable freeway signage height, which staffhas complied in the tables that are included in the Council packet. Staffis recommended that Albertville reduce the allowable commercial freeway sign height from 75 feet M:\Public Data\City Council\Council Minutes\2007 Minutes\M 05-21-07 Fina1.doc City of Albertville City Council Minutes May 21,2007 Page 8 of 11 to 50 feet, which would be consistent with other communities to reduce the visual impact of the tall signs on residential neighborhoods and the community as a whole. Council inquired how Sunoco "formerly known as Pat's" are allowed the pylon sign and the ground sign. City Attorney Couri explained that Pat's was built prior to the City approving the guidelines or restrictions on the signage height. Council and staff had a lengthy discussion on the approval of amending the ordinance regarding thesignage height. Council directed staff to re-draft the ordinance for review by the Planning and Zoning Commission at the June 2007 meeting. MOTION BY Council member Wagner, seconded by Council member Berning to table Ordinance No. 2007-xx entitled an Ordinance Amending Section 10-7-8 of Chapter 7 Relating to Permitted Business Signs until the Planning and Zoning Commission review the City Council amended recommendations pertaining to the "in lieu of ground sign". Motion carried unanimously. ENGINEERING ADDfove Resolution No. 2007-xx entitled a Resolution Awardim! the Contract for the 2007 Seal coatinl! Bid Assistant City Engineer Nafstad reported that staffhas reviewed which roads within Albertville that need to be seal coated. Staff has solicited bids for seal coating the various streets and is asking for Council approval to award the low bid to Pearson Bros. Pearson Bros. has completed other work within the City in the past and appeared to be acceptable quality. Council inquired about the patch work job done on Main Avenue NE. Nafstad informed the Council that PW Supervisor Guimont has begun the process of completing small job repairs as a cost effective approach, rather than hiring a contractor to do the work. MOTION BY Council member Vetsch, seconded by Council member Fay to approve Resolution No. 2007-xx entitled a Resolution Awarding the Contract for the 2007 Seal coating Bid B to Pearson Bros. at a cost not to exceed $24,499.60 with the requirement of using grey granite. Motion carried unanimously. M:\Public Data\City Council\Council Minutes\2007 Minutes\M 05-21-07 Final.doc City of Albertville City Council Minutes May 21,2007 Page 9 of 11 Site Utilities Workers Council member Berning reported there were a few occasions in which he witnessed utility or other vehicles parked on the trails or sidewalks within Albertville. Berning questioned whether these trails or sidewalks have the ability to hold the weight of the vehicle? Berning's concern is if a resident sees these vehicles parked on the trails of sidewalks, they may feel they can also park on the trails and sidewalks. Nafstad stated that these are access points or locators for the gas company to allow access to the wires for gas. There was no comment as to whether the trails or sidewalks are able to handle the weight of the vehicle. Staff would contact the individual utility companies encouraging them not to park on the trails or sidewalks. NW Commercial Council member Berning asked if the overlay for NW Commercial Park will be included in a combined overlay or if it will be handled separately. Slumberland has paid their assessments for the construction of 6ih Street NE. Berning does not want to potentially re-assess the business owners that have already paid their assessment. City Administrator Kruse reported that staffwill be meeting with Paul Donna with Northland Securities on Tuesday, May 22 regarding reissuing the bonds for the NW Commercial Park Project. Silt Fence behind Casev's - Parkside Commercial Second Addition Mayor Klecker stated that at a previous meeting the Council discussed the silt fence behind Parkside Commercial Second Addition. Mayor Klecker directed staff to report back with an update on silt fences throughout Albertville. LEGAL CLOSED SESSION Mayor Klecker closed the regular City Council meeting at 9:35 p.m. to discuss the Resolution No. 2007-xx entitled a Resolution Declining the Request to Reduce the Letter of Credit from Gold Key. Mayor Klecker reconvened the regular City Council meeting at 9:45 p.m. M:\Public Data\City Counci1\Council Minutes\2007 Minutes\M 05-21-07 Final.doc City of Albertville City Council Minutes May 21,2007 Page 10 of 11 Aoorove Resolution No. 2007-xx entitled a Resolution Declininl! the Reauest to Reduce the Letter of Credit from Gold Kev City Attorney Couri stated that Gold Key Development has requested the reduction of the Letters of Credit for Prairie Run Addition. MOTION BY Council member Vetsch, seconded by Mayor Klecker to approve Resolution No. 2007-xx entitled a Resolution Declining the Request to Reduce the Letter of Credit from Gold Key as presented. Motion carried unanimously. ADMINISTRATION Uodate on Prooosed Proiects Mayor Klecker brought to the Council's attention there is a potential of a rental development coming to Albertville off ofCSAH 37 next to the apartment complexes. Klecker asked staff if they have heard of the development. , City Administrator Kruse reported that Dominium Inc. has presented a proposed Townhouse Rental Development. Kruse informed the Council that he would contact the developer to prepare information for the next Council meeting. Citv Hall Rental-Lease Uodate City Administrator Kruse reported that there is a party interested in leasing the former City Hall located at 5975 Main Avenue NE. The individual requested new carpet to be installed. Kruse informed the Council that City Attorney Couri is drafting a lease agreement. Kruse asked if the Council would allow for flexibility in negotiating with the potential party on costs, etc. Performance Reviews Mayor Klecker noted that the Council members received materials for the upcoming Workshop to discuss staff and consultants performance. The materials were rather confusing to follow and wondered if there was a simpler form to complete. City Administrator Kruse brought to the Council's attention additional materials for them to review, complete and bring on Tuesday, May 29 for discussion during the workshop. Kruse stated this would be more of an informal review. In November, Council could conduct a more formal review of performances. M:\Public Data\City Council\Council Minutes\2007 Minutes\M 05-21-07 Final.doc City of Albertville City Council Minutes May 21, 2007 Page 11 of 11 Discussion on Amendinl.! the Ordinance oertaininl.! to Weed Heil.!ht Council member Vetsch asked if other Council members would consider lowering the weed height. The current height is twelve inches and the process to enforce the ordinance can take a considerable amount of time. Vetsch has been in contact with PW Supervisor Guimont regarding the weed notices. Guimont informed Vetsch that the process has been simplified somewhat, whereas the resident or property owner receives only one notice informing the property owner to comply with the City Code and continue maintaining the property throughout the season. City Attorney Couri did not know whether the City could reduce the 10 days of time allowed to comply with the ordinance. Council directed staff to draft an Ordinance amending the height from twelve inches to seven inches and lor the time to allow the property owner to mow the grass from 10 days to 6 days. ADJOURNMENT MOTION BY Council member Berning, seconded by Council member Wagner to adjourn at 10:00 p.m. Motion carried unanimously. ~~~ Ron Klecker, Mayor ~~.yv~u Bridget MIll r, CIty Clerk M:\Public Data\City Council\Council Minutes\2007 Minutes\M 05-21-07 Final.doc Albertville City Council May 21, 2007 Attendance Page 1 PRINT Name Address City Speak - Citizen Forum - issue or concern Jane Doe 1325 Any Street NE Albertville Cars speeding John Smith 1295 Your Street NE Albertville I oq Lf I~ ':> ~ ~ -Sl' ;J J\ No ,..-::~./1 " (7- - -I ~ ND i 617 r 7 L " ~ 'C AnJY p~tq- ~kJ. f::.er,;1edY I- 6~ M:\Public Data\City Council\2007 Public Hearing Attendance.doc PRINT Name Jane Doe John Smith 'l-~)t) R~l stz; Albertville City Council May 21, 2007 Attendance Page 2 Address City 1325 Any Street NE Albertville 1295 Your Street NE Albertville .),} ') ..~- /i",\ !ll~ (/)v '>. iI 'V1 iC"1 M:\Public Data\City Council\2007 Public Hearing Attendance.doc Speak - Citizen Forum - issue or concern Cars speeding No