2007-06-04 CC Minutes
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ALBERTVILLE CITY COUNCIL
June 4, 2007
MINUTES
Albertville City Hall
7:00 PM
PRESENT: Mayor Ron Klecker, Council members Dan Wagner, John Vetsch, LeRoy Berning,
and Tom Fay, City Planner Al Brixius, Assistant City Engineer Adam Nafstad, City Attorney
Mike Couri, City Administrator Larry Kruse, Building Official Jon Sutherland, Finance Director
Tina Lannes, Fire Chief Tate Mills, and City Clerk Bridget Miller
ABSENT: none
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 Berning to approve the
agenda as amended adding the following items:
5.E. Approve 3.2% Malt Liquor Application for Foxtailers Snowmobile Club for Saturday,
June 9, 2007 to be held at Central-City Park
7.A. Approve Resolution No. 2007-xx entitled a Resolution of Receptivity to a Department
of Energy and Economic Development (Deed) Grant Award
7.B. Approve Resolution No. 2007-xx entitled a Resolution Supporting the Housing
Development of Approximately 40 Townhomes owned by Albertville Townhomes
Located on Lot One, Block One, Westwind Third Addition within the Albertville city
limits
8.B.2. Building Department - hiring of an Intern on a temporary basis
Motion carried unanimously.
MINUTES
MOTION BY Council member Berning, seconded by Council member Wagner to approve the
Monday, May 21,2007 regular City Council minutes as presented, and on file in the office of the
City Clerk. Motion carried unanimously.
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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.
Michelle Clark of 10283 Karston Avenue NE had a couple of concerns to discuss with the
Council. The items for discussion were golf carts and parking on the streets.
Ms. Clark thanked the Council for allowing her to speak on a couple of issues that she had safety
concerns with. Clark inquired if there were any ordinances or rules within Albertville regarding
the use of golf carts. Clark read the Minnesota State Statute Subsection 169.045 that relates to
the use of golf carts. Clark has observed in her neighborhood that the individuals who are
driving the golf carts are not in transit to the golf course, but are using it as another form of
transportation from house to house. Clark has witnessed children driving the golf carts along
Karston Avenue NE that appear to be around the age of 10. Clark has on a couple of occasions
observed an individual that would take dogs for a ride in the cart vs. taking them for a walk.
Clark wanted to know if the Council would consider looking into adopting some guidelines for
the use of golf carts within Albertville.
Ms. Clark brought up her second concern, which was the parking issue along Karston Avenue
NE within her development. Clark informed the Council she has experienced a couple of times a
near accident because of the vehicles and or trailers that are parked on Karston Avenue NE.
Some ofthe vehicles are big such as a mobile camper that blocks the view of oncoming traffic.
The vehicles cause you to swerve into the other lane just to get around them. Clark has
witnessed children outside playing and trying to get across the street to play at a friend's house
when they almost get hit by a car because of the poor visibility due to the large vehicles in the
way. Clark recommended that the Council consider limiting the parking to one side only, which
would reduce some of the potential safety issues along the Karston Avenue NE corridor.
Mayor Klecker reported that the City Council is setting up a workshop with the Wright County
Sheriffs Department to be held within the next couple of months. Klecker informed Ms. Clark
that the Council will put the items on the agenda for discussion.
CONSENT AGENDA
MOTION BY Council member Vetsch, seconded by Council member Berning to approve the
consent agenda as presented.
A. Approve payment of claims check numbers 024317 to 024361
B. Accept a Donation of Gambling Funds from the Albertville Lions in the amount of
$1,070 and make a donation to the Albertville Queens Committee for in the amount of
$1,070
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C. Approve a Temporary Outdoor Music Permit for Stacey Seidel that will be held on
Saturday, June 23 from 2:00 - 6:00 p.m. at 10235 Kali Avenue NE for daughter's
graduation-open house
D. Approve Assessment Service Agreement for 2007-2008 Wright County Assessor
Service
Motion carried unanimously.
PRESENTATION FROM DOMINIUM INC. PERTAINING TO WESTWIND
TOWNHOME DEVELOPMENT
David Dye with Dominium Inc. reported that Dominium Inc. and Central Minnesota Housing
Partnership are proposing to develop a 40-unit townhouse project adjacent to Albertville
Meadows on CSAH 37. Dominium has owned Albertville Meadows since the mid-1990s.
Dominium will manage the two properties from a single free-standing clubhouse to be
constructed on the townhouse site. The developer will be applying to the Minnesota Housing
Finance Agency for tax credits in order to provide $5.7 million of equity for the project.
Mr. Dye informed the Council that the developer is proposing to apply to the Minnesota Housing
Finance Agency for an allocation of 9% housing tax credits. The tax credits place rental and
income restrictions on the property, specifically the tenants must be at or below 60% Area
Median Income. The following table outlines that qualifying incomes for the proposed
Westwind Townhomes, assuming families of3 to 7 people, range from $42,420 to $58,380.
INCOME LIMITS (60% OF METRO AREA MEDIAN INCOME)
3 Persons II 4 Persons II 5 Persons II 6 Persons I I 7 Persons
$42,420 II $47,100 II $50,880 II $54,660 II $58,380
Sharon Harris with the Central Minnesota Housing Partnership (CMHP) was also present and
informed the Council that this is not a Section 8 Housing Development. Dominium and Central
Minnesota Housing Partnership are looking at constructing a 40-unit townhome development,
which could be affordable. CMHP and Dominium have incorporated restrictions and guidelines
for approval as to who the proposed tenants will be. Harris pointed out that there will be four (4)
units available to non-profit service groups that work with families needing rental assistance and
services. Below is a table that outlines the rent limits for 2 - 3 - and 4 bedroom townhomes.
RENTAL LIMITS (60% OF METRO AREA MEDIAN INCOME)
2 Bedroom II 3 Bedroom II 4 Bedroom
$1,060 II $1,224 II $1,366
Council member Vetsch asked about the depth of the driveway to make sure there is sufficient
room available for parking of vehicles.
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Council member Vetsch inquired about the potential of the development converting over to
Section 8 Housing.
City Attorney Couri stated that he could not tell the Council if the City could control the
proposed Westwind Townhome project converting to Section 8 Housing.
City Planner Brixius brought to the Council's attention the original Concept Plan that was
proposed, which would be another 72 unit apartment complex. Brixius noted that according to
the Wright County Sheriff's Department the number of calls or concerns to the Albertville
Meadows has gone down since Dominium has taken over. Brixius pointed out that the quality of
the proposed development appears to be better than the original Concept Plan. True, the
occupancy of the tenants will change; with time the appearance of the exterior will change; but
the management will remain the same, which should make this a good development.
Following the discussion, and hearing the proposal from the development, along with comments
from the Council as well as staff, Mayor Klecker stated that there are two (2) Resolutions for the
Council's approval as to whether to proceed with the development or not. The Resolution will
allow the applicant to apply for a Minnesota Grant for Federal Funding, which will enable them
to qualify for tax credits.
City Administrator Kruse commented that in order to assist the applicant in expediting the
process would the Council consider a small contribution towards the project. The contribution
could be such as the potential of waiving professional fees incurred to date, Sewer Access
Charges (SAC), and Water Access Charges (WAC) for the proposed development.
AODrove Resolution No. 2007-39 entitled a Resolution of Receotivitv to a Deoartment of Enen!v
and Economic Develooment (Deed) Grant Award
AODrove Resolution No. 2007-40 entitled a Resolution Suooorting: the Housing: Develooment of
AODroximatelv 40 Townhomes owned bv Albertville Townhomes located on Lot One. Block
One. Westwind Third Addition within the Albertville citv limits
MOTION BY Council member Wagner, seconded by Council member Berning to approve
Resolution No. 2007-39 entitled a Resolution of Receptivity to a Department of Energy and
Economic Development (Deed) Grant Award and Resolution No. 2007-40 entitled a Resolution
Supporting the Housing Development of Approximately 40 Townhomes owned by Albertville
Townhomes located on Lot One, Block One, Westwind Third Addition within the Albertville
city limits. Motion carried unanimously.
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MOTION BY Council member Fay, seconded by Council member Wagner to make a small
contribution to the proposed 40-unit Townhouse Development within the Westwind Third
Addition to waive the professional fees that have been incurred to date. Motion carried
unanimously.
PUBLIC HEARING
Hold a Public Hearing to Listen to Public Comment on the Vacation of Easement(s) on
MacKenzie Avenue NE that lies North of 520d Street NE and South of the Burlington
Northern Railroad within the City of Albertville
Mayor Klecker opened the public hearing at 8:05 p.m.
City Attorney Couri noted that the item before the Council is to vacate the easements on
MacKenzie Avenue NE within the Barthel Industrial Park Addition. In previous meetings,
Council discussed the re-platting of the lots within the development and the vacation of the
portion of MacKenzie Avenue NE (cul-de-sac). Couri reported that the two parties that would be
affected by the vacations have been notified and an agreement is being drafted accepting the
proposed vacation of the easements and the cul-de-sac.
Mayor Klecker asked if there was anyone on the Councilor in the audience that wished to
comment on the proposed public hearing.
Council member Berning asked to include in the agreement that the parties will accept the land
in an "as is" agreement, which would not hold the City accountable should an issue or concern
arise in the future.
Couri stated that he would incorporate the language in the agreement that would include the
landowner accept the land "as is".
There was no action necessary at this meeting. City Attorney Couri will prepare the appropriate
documents for Council approval at the next regular Council meeting.
Mayor Klecker closed the public hearing at 8:11 p.m.
DEPARTMENT BUSINESS
PUBLIC WORKS DEPARTMENT
Public Works Supervisor Guimont did not have items to report on during the meeting.
WASTEWATER TREATMENT PLANT
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Wastewater Treatment Plant Superintendent Middendorf did not have items to report on during
the meeting.
BUILDING DEPARTMENT
Discussion on AmendinQ the 2005 Albertville Municioal Citv Code oertaininQ to 1306 Fire
Sorinkler Ootions - AODfove Ordinance No. 2007-xx entitled an Ordinance AmendinQ the 2005
Albertville Citv Code RelatinQ to Adootion of the BuildinQ Code
Mayor Klecker continued the discussion regarding Approval of Ordinance No. 2007-xx entitled
an Ordinance Amending the 2005 Albertville City Code Relating to Adoption of the Building
Code.
Building Official Sutherland reported that various municipalities have adopted the 1306 Fire
Sprinkler option. Per Council direction to check with the City of Rogers, Sutherland stated that
the City Administrator noted no problems they were aware of. Rogers Administrator expressed
strong support for the adoption ofthe 1306 Fire Option and welcomed anyone to contact him or
the Fire Marshall to discuss any issues.
Sutherland went on to explain that during the review of the establishment within Albertville, Full
Moon Saloon & Bar, which according to the current Fire Sprinklered Code would be affected by
the 1306 Option if the owner wanted to expand his facility. Should the 152 Club or Geez Sports
Bar consider an addition, the owners would not be required to install a Sprinklered System to the
existing portion ofthe building according to the 1306 Fire Code.
Fire Chief Tate Mills informed the Council that at the May 21 regular City Council meeting he
asked staff to present a letter supporting the enforcement of the 1306 Fire Code Section
pertaining to Sprinklered Systems within establishments. Mills reported that it is a concern of
the Fire Department to get the fire fighters in safely to get the people out of the building safely.
There are occasions when the fire fighters need to go into the facility to put the fire out from
within; and again it is of concern to get those individuals out safely.
Council member Vetsch implied that he would like to hold off until the following Council
meeting to take action on the 1306 Fire Code. This would allow Fire Chief Mills to check with
the Fire Chiefs from Elk River, Becker, or Buffalo. Mills could contact Fire Chief Charlie
Thompson.
Council member Fay agreed with Vetsch to wait until the June 18 Council meeting and hear
what other Fire Chiefs' opinions are.
Council member Berning questioned what option the City is considering: Option 1 or Option 2.
City Attorney Couri reviewed what the two (2) options would deal with in the 1306.0030
Requirements - Item E.2.
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MOTION BY Council member Vetsch, seconded by Council member Fay to continue the
discussion on the issue of Amending the 2005 Albertville City Code Relating to Adoption of the
Building Code to the June 18,2007 City Council meeting. Motion carried unanimously.
BuildinlZ Deoartment - hirinlZ of an Intern on a temoorarv basis
Building Official Sutherland thanked the Council for the opportunity to consider the potential of
hiring an Intern on a temporary basis. Sutherland felt this would be a benefit both to the City
Offices and the proposed intern.
Council member Berning questioned if this is the appropriate time for the City to offer this
Internship opportunity when the building permits or building department revenue appears to be
down. Berning was not in favor of offering an internship with the City at this time.
Mayor Klecker shared his opinions stating that through his experience with other cities that offer
these internships they spend a considerable amount of time training the individuals that
eventually seek permanent job opportunities with another entity.
MOTION BY Council member Vetsch, seconded by Council member Berning to deny the
opportunity to hire an intern on a temporary basis for the Building Department within the City of
Albertville. Motion carried unanimously.
FINANCE DEPARTMENT
Accounts Receivable Uodate
Finance Director Lannes briefly went over the Accounts Receivable update. Lannes asked if
there were any questions or concerns from the Council.
Council inquired about the Space Aliens outstanding balance.
Lannes reported that it dealt with Field Plaza 2nd Addition, which abuts up to the Space Aliens
site.
Proiect Status Uodate
Finance Director Lannes asked if the Council had any concerns regarding the Project Status
Update that was presented in the packet.
There were no comments from the Council.
Reauest for Council Action (RCA) to hire AccountinlZ firm for Statement Preoaration
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Finance Director Lannes stated that during the Audit, which was presented by Kern, DeWenter,
Viere (KDV) in May 2007, KDV reported that with the new Governmental Accounting
Standards Board (GASB) changes the role KDV plays in preparing the annual Audit Financial
Statements and Management Letter for the City of Albertville must be segregated. As mentioned
by KDV during the Audit presentation, KDV brought to the Council's attention the need for
additional.staffto allow Finance Director Lannes the necessary time needed to perform the
financial accounting required with the new standards or to consider contracting with another firm
to meet the requirements set by GASB.
Lannes informed the Council that the City obtained three quotes for the service of the
Accounting portion of the Annual Audit. Abdo, Eick, & Meyers LLP were the low quote at
$13,500. Staff has worked with Abdo, Eick & Meyers LLP and felt confident in the work they
perform. Lannes stated this would be a cost savings to the City, because the accounting needs to
be done and KDV would charge $22,230 for the service when they review the books to prepare
for the annual audit.
MOTION BY Council member Fay, seconded by Mayor Klecker to authorize staffto accept the
quote from Abdo, Eick & Meyers LLP for Accounting Services to start no later than June 30,
2007 at a cost not to exceed $13,500 and accept the quote from Kern, DeWenter, Viere for 2007
Audit Services at a cost not to exceed $24,775. Motion carried unanimously.
City Clerk
Friendlv City Davs Softball Challem!e - Fridav. June 8 Central Park Field No.1 - arrive bv 5:00
D.m. to warm UD
Mayor Klecker reminded the Council and staff about the upcoming Albertville Friendly City
Days Softball challenge against the City of St. Michael, which will be held on Friday, June 8 and
to arrive by 5:00 p.m. to warm up. Klecker asked City Clerk Miller to put together a batting
roster for the game.
Wrillht Countv Sheriffs DeDartment will send Reoresentatives to the Mondav. June 25. 2007
Council W orkshoD
Mayor Klecker questioned the date of the workshop. It was brought to his attention that the
Wright County Sheriffs Department representatives had a conflict. Klecker directed City Clerk
Miller to confirm the date with Sheriff Miller.
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PLANNING AND ZONING
Intex Industrial Condo Conversion - AODrove Resolution No. 2007-xx entitled a Resolution
AoorovinQ a Condominium Conversion for the Intex Comoration / Nextex Prooertv at 5548
Barthel Drive NE
City Planner Brixius reported that Intex Corporation applied for a Conditional Use Permit (CUP)
and Site and Building Plan Review in 2006. Since 2006, the applicant has submitted an
application for a condo conversion for the property, which would allow the owner to sell the
remaining 16,400 square-feet of the existing building. The tenants will be allowed to lease or
purchase space ranging in size from 3,200 square feet up to 16,400 square feet. All restrictions
for the site will apply to the tenants that lease or purchase the space.
Brixius noted that language shall be added to the Declaration of a Common Interest Community
that would allow the City to assess all the properties within the building if the water bill is not
paid.
The Condition 1.b. ofthe original Conditional Use Permit and Site and Building Plan Review
approval is not required. The proposed black hills spruce trees along the northern property line t
the east of the pond on the revised Landscape Plan are not required; however, the existing
vegetation is to be retained, and the fence is to be installed according to the details of Condition
10 of the original CUP.
The site must accommodate and convey all existing off-site drainage entering the plat from
adjacent properties, specifically the run-off water entering the site from the adjacent property to
the east. The site shall be graded to allow all off-site water entering the site to be conveyed to its
pre-developed point of discharge without detention that causes flooding or ponding off-site that
did not occur prior to development of the subject site. The grading and/or conveyance system
implemented to accommodate off-site drainage shall be intact, operational, and maintained at all
times.
Brixius pointed out that a proof of parking agreement must be entered into by the applicant to
provide for the additional required parking spaces, if needed. According to the original CUP the
use of the facility was 20% office; 80% warehouse.
There was discussion regarding the signage that would be mounted on the building and the
potential of illumination. The comment was brought up that there is no canister of light or
illumination noted in the submittals.
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Council wanted to add the restriction of dark background or limit the hours of illumination to
turn off at 9:00 p.m.
MOTION BY Council member Berning, seconded by Council member Fay to approve
Resolution No. 2007-xx entitled a Resolution Approving a Condominium Conversion for the
Intex Corporation / Nextex Property at 5548 Barthel Drive NE with the added conditions that the
illuminated signage would be turned offby 9:00 p.m. and discuss with the applicant the
placement of the trees that abut the Scherer Brothers Lumber Company site. Motion carried
unanimously.
ENGINEERING
CSAH 19 South Uodate on Wril:!ht County Proiect
Assistant City Engineer Nafstad reported that CSAH 19 Project will begin soon. The County
will shift traffic to the northbound lanes while construction is underway on the southbound lane.
There will be appropriate lane barriers placed to direct traffic. Once construction is complete on
the southbound lane, the County will then shift the traffic to the southbound lane in order to do
construction on the northbound lane.
The Bids for the project were opened by Wright County, which came in lower than the proposed
estimate. It appeared there was a 15% reduction in what was originally estimated for the
construction, but keep in mind the County is still negotiating and has not completed the right-of-
way portion of the project.
Staff informed the Council that the latest the City would like to see an Assessment Hearing
would be the first meeting in October 2007, which would allow staff time to prepare the
assessment roll and certify to the 2008 Property Taxes.
City Administrator Kruse stated that staff will be preparing an estimated Assessment Roll to
present to the Council at a future meeting. Staff is looking at a 15-year Assessment Roll.
Prooosal to the City of Albertville from Wril!ht County for CSAH 19 North from 6ih Street NE
to 70th Street NE
Assistant City Engineer Nafstad informed the Council this is a proposal from Bolton and Menk,
Inc. and not Wright County as noted on the agenda.
Nafstad went on to report that CSAH 19 is a regional highway that serves traffic within the
Albertville city limits as well as regional traffic within NE Wright County. Before the Council,
is a proposal with the purpose of the tasks described below, this is to further develop the
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approach for the highway improvements on CSAH 19 from 67th Street NE to 70th Street NE in
Albertville, and possibly into Otsego. The efforts will be building upon a previous study of the
area and evaluate short- and long-term alternatives to improve CSAH 19.
TASK 1:
Review and Update Previous Feasibility Report (dated 7-20-05)
This will provide an update of the roadway project feasibility.
TASK 2:
Develop Layouts for Short- and Long-Term Alternatives
This will develop a geometric layout for each the short- and long-term preferred
alternatives.
TASK 3:
Prepare Construction Cost Estimates
This will update construction cost estimates for a short- and long-term preferred
alternative
Nafstad stated that the goal is to see if there is the potential of an interim project for CSAH 19
North. Staff is receiving pressure from the developers to obtain access to CSAH 19 at 69th Street
NE intersection.
Pros to reviewing CSAH 19 North would be to get Wright County on board and the City of
Otsego to support the project. This would be a good investment to layout a plan.
The Cons for moving forward would be that is appears to be development driven to update the
CSAH 19 interim fix.
There was a question whether it was the capacity on CSAH 19 or if it was access that was the
concern.
Staff reported capacity is not driving the issue for the CSAH 19 interim, but rather the ability for
the median buy or provide access to the development.
There was additional discussion between Council and staff regarding the interim construction of
CSAH 19 North. It appeared that both the Council and staff came to an agreement that the full
CSAH 19 Project is the best way to approach the issue.
Council members Wagner, Berning and Vetsch wanted to go with the full construction, if they
were going to approve anything.
Council member Fay was somewhat supportive of the full construction, but still had some
reservations to begin construction.
MOTION BY Council member Berning, seconded by Council member Vetsch to approve the
proposal from Bolton & Menk, Inc. (not Wright County as shown on the agenda) for the purpose
of the work to evaluate alternatives to improve CSAH 19 from 67th Street NE to 70th Street NE.
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The work will include geometric layouts for roadway improvements, cost estimates for each
alternate. The goal of this work is to develop an ultimate long-term agreement concept plan for
the CSAH 19 corridor between 67th Street NE and 70th Street NE
LEGAL
City Attorney Couri did not have items to report on during the meeting.
ADMINISTRA nON
Written Reoort
City Administrator Kruse very briefly went through the report.
5975 Main Avenue NE Buildimr Lease - Final terms beim! neQotiated. The Lease mav be readv
Mondav. If so. staffwill Qive a verbal review with written summary to be handed out at the
meetinQ.
City Administrator Kruse stated that City Attorney Couri prepared the lease agreement for the
5975 Main Avenue NE City Building. Kruse encouraged the Council to review the Building
Lease agreement between the City of Albertville and CAN-WEST for the city building located at
5975 Main Avenue NE. Staff will present the document at the next Council meeting for Council
approval.
OtseQo Creek MeetinQ
City Administrator Kruse noted that the City of Otsego had a couple of dates for the Otsego
Creek Authority to meet. If the two Council members could report to City Clerk Miller, the date
that works best for them so that staff can respond back to Otsego.
Dodate on Border Road AQreements
City Administrator Kruse is reviewing and doing the best to keep in touch with St. Michael and
Otsego regarding border road agreements.
Citv Facility (old Public Works/BuildinQ Deoartment) located at 5964 Main Avenue NE
RezoninQ from P/I (Public/Institutional) to B-4 (General Business) ZoninQ District
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City Administrator Kruse brought to Council's attention that 5964 Main Avenue NE building is
currently zoned P/I and wanted to know if the Council would consider rezoning it to B-4.
Council directed staff to begin the process for re-zoning the City building located at 5964 Main
Avenue NE within the Albertville city limits changing it from Public/Institutional to B-4 General
Business District.
Council member Berning brought it to the Council's attention there will be a Historical
Committee meeting on Wednesday, June 6 beginning at 7:00 p.m. Then on Saturday, June 9
from 10:00 a.m. to 2:00 p.m. the Historical Committee will hold an Open House display in the
hallway or main corridor of the City Offices.
ADJOURNMENT
MOTION BY Council member Vetsch, seconded by Council member Fay to adjourn at
10:45 p.m. Motion carried unanimously.
,
(j(~ ~-cL
Ron Klecker, Mayor
gl~~.~~,
Bn get MIll , CIty Clerk
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