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2007-07-16 CC Minutes ~ 1\!l?.€I!'!UL€ ALBERTVILLE CITY COUNCIL July 16, 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, 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: Adding: 8.E.5. Electronic Signs 8.G.5. CSAH 37 Road Agreement near Albertville Marketplace Development otherwise known as Phil Morris property Motion carried unanimously. MINUTES MOTION BY Council member Berning, seconded by Council member Vetsch to approve the Monday, July 2,2007 regular City Council 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. M:\Public Data\City Council\Council Minutes\2007 Minutes\M 07-16-07 Final.doc City of Albertville City Council Minutes July 16, 2007 Page 2 of 15 There was no one in the audience that wished to speak to the Council on an issue that was not already on the agenda. CONSENT AGENDA MOTION BY Council member Fay, seconded by Council member Wagner to approve the consent agenda as presented. A. Approve payment of claims check numbers 024492 to 024531 Motion carried unanimously. ACTION ON PULLED CONSENT ITEMS Since there were no items pulled from the consent agenda, there was no need to take action. PUBLIC HEARING There were no public hearings scheduled for this meeting. DEPARTMENT BUSINESS PUBLIC WORKS DEPARTMENT Public Works and Parks Maintenance Public Works Supervisor Guimont had no items to report on. FINANCE DEPARTMENT Finance Director Lannes did not have any items to report on, just a reminder that Monday, July 30 beginning at 6:30 p.m. is the Bond Issuance and 2008 Budget Workshop. CITY CLERK AnDfove "On-Sale" Wine Liauor License and "On-Sale 3.2%" Malt Bevera!!e Liauor License for Senor Penners (contin!!ent on Back!!round Check) City Attorney Couri requested that the "On-Sale" Wine Liquor License and "On-Sale 3.2%" Malt Beverage Liquor License for Senor Peppers be tabled until the Monday, August 6, 2007 Council meeting. M:\Public Data\City Council\Council Minutes\2007 Minutes\M 07-16-07 Final.doc City of Albertville City Council Minutes July 16, 2007 Page 3 of 15 PLANNING AND ZONING KnechtllHoev Billboard Variance - AODfove Resolution No. 2007-xx entitled a Resolution AODfovinll a Variance for the Knechtl Prooertv Billboard located at the Northeast Comer ofI-94 and Countv Road 19 City Planner Brixius began by stating that the City has been negotiating with Gerhard Knechtl for the purchase of land for a future freeway ramp to be located at the intersection of CSAH 19 and 1-94. The negotiations on contingent on the relocation ofthe billboard that is located on the land. Included in the negotiations it is noted that the City will allow the billboard to maintain the same top of sign elevations to ensure visibility along 1-94. To ensure that the billboard maintain the height for visibility the City is processing a Sign Height Variance to compensate for the loss of ground elevation at the new location, and to maintain the current top of sign elevation. The billboard located at the northeast comer ofI-94 and CSAH 19 is one of the few that conforms to all setback, size, and height requirements, as well as requirements governed by the spacing distance from other billboard signs along the 1-94 corridor. The sign is 3D-feet tall, of which is the maximum allowed according the 2005 Albertville Municipal City Code. The top of the sign is also 993.32-feet above sea level as a measure of absolute height that must be maintained. Brixius concluded that the variance is to maintain the top of sign elevation as measured from sea level, which would be more than 3D-feet from the ground as required by the 2005 Albertville Municipal City Code Zoning Section. Brixius reviewed the six (6) staff recommendations, which are: 1. That the relocated sign is at least 1,000 feet from the nearest billboard sign. 2. That the relocated sign conforms to all setback requirements ofthe B-2A District. 3. That the relocated sign is setback at least 150 feet of the OHWL of School Lake. 4. The sign conforms to all sign area restrictions for advertising signs per ordinance. 5. Construction documents and a sign permit shall be required for the relocated sign shall be submitted to city staff for review and approval. 6. The land needed to relocate the sign must be platted. Council inquired about the platting of the land and when would it be required for platting? City Planner Brixius reported that the land is currently unplatted. It would not be platted until the time the land is developed, at which time the platting would take place. Mayor Klecker wanted clarification as to how much of the property the City is looking at purchasing. Assistant City Engineer Nafstad demonstrated with a proposed drawing that noted the amount of land along 1-94 that would be needed for the 1-94 ramps. M:\Public Data\City Council\Council Minutes\2007 Minutes\M 07-16-07 Fina1.doc City of Albertville City Council Minutes July 16,2007 Page 4 of 15 Council then inquired where the funds to purchase the land would come from. City Administrator Kruse stated that the funds to purchase the land would most likely come from the $800,000 Federal Funds that the City will receiving over a 4-year time span. Council member Vetsch noted that the price of land has gone down; therefore does not agree the City should pay $13.00 an acre. MOTION BY Council member Wagner, seconded by Council member Berning to approve Resolution No. 2007-xx entitled a Resolution Approving a Variance for the Knechtl Property Billboard located at the Northeast Corner ofI-94 and County Road 19 with staff's recommendation, contingent upon the Knechtl Purchase Agreement, removal of item 6; the land needed to relocate the sign must be platted, and on file in the office of the City Clerk. Mayor Klecker, Council members Berning, Wagner, and Fay voted aye. Council member Vetsch opposed. Motion carried. Geez Snorts Bar and Grill- AnDfove Ordinance No. 2007-xx entitled an Ordinance Amendimr Chanter 4300: B-2 Limited Business District. 4350: B-2A Snecial Business District. 4400: B-3 Hi!.!hwav Business District. 4500: B-4 General Business District Relatin!.! to Outdoor Dinin!.! - AnDfove Resolution No. 2007-xx entitled a Resolution AnDfovin!.! a Conditional Use Permit (CUP) for Geez Snorts Bar and Grill located at 5788 Main Avenue NE within the Citv of Albertville City Planner Brixius reported that Curt Gentile of Geez Sports Bar and Grill has submitted an application for a Conditional Use Permit (CUP) and a request for a Zoning Text Amendment. The applicant would like to complete the construction of a patio behind the existing building, in order to allow for the outdoor dining the City needs to consider amending Sections 4200, 4350, 4400, and 4500 of the 2005 Albertville Municipal City Code Zoning Section. The text amendment would allow outdoor dining within the B-2, B-2A, B-3, and B-4 Zoning Districts through a CUP. City Planner Brixius reviewed a few of the 15 amendments to Section 4500.4. Brixius noted that access to the dining area shall be provided only via the principal building if the dining area is a full service restaurant or tavern, including table waiting service. All exit gates shall be marked "Exit Only" and shall meet all building code requirements. The size of the dining area is restricted to 75% of the gross area of the current building, and shall maintain the lot requirements of the district. The dining area is screened from view form adjacent residential uses. All lighting shall be hooded at 90 degrees and directed away from adjacent properties. No luminaries shall extend beyond the 90 degree cutoff. No outdoor dining shall be allowed on the public sidewalk. Off-street parking shall be adequate for both indoor and outdoor seating areas. No live outdoor music performances (Live outdoor music performance shall meet the requirements of 2005 Albertville Municipal City Code Title 5, Chapter 5, Section 3). No electronically amplified outdoor music, intercom, audio speakers, or other such noise generating devices shall be allowed M:\Public Data\City Council\Council Minutes\2007 Minutes\M 07-16-07 Final.doc City of Albertville City Council Minutes July 16, 2007 Page 5 of 15 in the outdoor sales area. No outdoor bar, cooking facility, food preparation or holding area shall be established. The City Council may limit the hours of outdoor operations. City Planner Brixius informed the Council that Mr. Gentile is unable to provide the required number of off-street parking stalls. Mr. Gentile has demonstrated the space for nine (9) gravel surfaced parking stalls along the building and the fence area. Brixius stated that the City is in negotiations for a land trade with the 152 Club to provide a City parking lot behind the 152 Club and Geez Sports Bar and Grill to provide parking for their patrons and other downtown businesses under an agreement with the City. To accomplish the downtown parking space, a small portion of the land trade will involve Geez's site to create a sizable entrance. This would require Mr. Gentile to enter into a Development Agreement with the City of Albertville to be financially responsible for its share of parking based on Geez's shortage of 51 parking stalls. Should the applicant decline entering into a Development Agreement with the City, it would fail to provide additional parking for its patrons; therefore the CUP for outdoor dining shall be revoked. City Planner Brixius noted that staffs approval is based upon six (6) recommendations, of which the paving of the parking lot in conjunction with future parking lot pavement and re-evaluate the ??tdoor dining permit after one-year to determine if the operation is not producing nuisance Issue. Council and staff conducted additional discussion regarding the parking stalls and how many additional stalls would potentially be created with the downtown parking study. Brixius pointed out that Mr. Gentile, the applicant, was present to answer Council's questions or concerns. Mr. Gentile informed the Council that with the new restaurant establishments coming into Albertville there has been a noticeable amount of decrease in sales within his establishment. Mr. Gentile reported that he purchase the Old Mill Building that was deteriorating, which has since been demolitioned, debris has been removed, and has made the downtown area more appealing. Mr. Gentile brought to the Council's attention the two reasons for the outdoor dining are to compete with the new establishments and to allow for a dining area for the patrons because of the proposed Smoking Ban that will become effective October 2007. MOTION BY Council member Berning, seconded by Council member Fay to approve Ordinance No. 2007-xx entitled an Ordinance Amending Chapter 4300; B-2 Limited Business District, 4350; B-2A Special Business District, 4400; B-3 Highway Business District, 4500; B-4 General Business District Relating to Outdoor Dining with staff s recommendation, and on file in the office of the City Clerk. Motion carried unanimously. MOTION BY Council member Berning, seconded by Council member Fay to table Resolution No. 2007-xx entitled a Resolution Approving a Conditional Use Permit (CUP) for Geez Sports M:\Public Data\City Council\Council Minutes\2007 Minutes\M 07-16-07 Final.doc City of Albertville City Council Minutes July 16,2007 Page 6 of 15 Bar and Grill located at 5788 Main Avenue NE within the City of Albertville for an additional 60-days or until September 16, 2007 contingent on the applicant, Curt Gentile, agrees to sign off on a continuation of the CUP. Motion carried unanimously. Fraser Steel Site and Buildilll! Plan Review - AOOfove Resolution No. 2007-xx entitled a Resolution AOOfovinl! a Site and Buildinl! Plan Review for Ebert Construction - Fraser Steel located at 11915 53rd Street NE within the City of Albertville City Planner Brixius noted that over the past year the City has been reviewing the Barthel's Industrial Park Development and working with Fraser Steel on negotiation of land to re-platting the site. During the process, Ebert Construction has submitted a Site and Building Plan Review for the property owned by Fraser Steel Building Partnership. The applicants are proposing an addition of24,500 onto the existing warehouse; creating a total building area of71,586. The Preliminary and Final Plat for Barthel's Industrial Park 2nd Addition was approved by the City Council on Monday, December 4, 2006. Brixius went on to state that Fraser Steel is requesting that the City adjust the approved Final Plat to shift the east property line that is being presented tonight. Brixius reported that the application for the construction of the 24,500 addition onto the existing Fraser Steel warehouse generally appears to meet the setback requirements and typical construction of the industrial area. Based upon review ofthe evidence received, it is up to the City Council now to approve the nine (9) Findings of Fact and nine (9) Decision that are included as part of Resolution No. 2007-xx. Assistant City Engineer Nafstad informed the Council that one of the site grading there is a swale, which will require some re-grading. There will be two (2) additional catch basins placed on the site to deal with the water issue. Along with the catch basins Fraser Steel will be installing additional drainage along the side of the building. MOTION BY Council member Vetsch, seconded by Council member Fay to approve Resolution No. 2007-xx entitled a Resolution Approving a Site and Building Plan Review for Ebert Construction - Fraser Steel located at 11915 53rd Street NE within the City of Albertville staffs recommendation, and on file in the office of the City Clerk. Motion carried unanimously. Jim Franklin Prooertv - Russ Winslow Conditional Use Permit - AOOfove Resolution No. 2007- xx entitled a Resolution AOOfovinl! a Conditional Use Permit (CUP) for Greater Minnesota Home ImOfovement located at 5720 Barthel Industrial Drive NE within the Citv of Albertville City Planner Brixius reported that Greater Minnesota Home Improvements (GMNI) has applied for a Conditional Use Permit (CUP) for the property located at 5720 Barthel Industrial Drive NE within the Albertville city limits. The CUP is to allow for outdoor storage and outdoor sales on M:\Public Data\City Council\Council Minutes\2007 Minutes\M 07-16-07 Final.doc City of Albertville City Council Minutes July 16, 2007 Page 7 of 15 the site, which is a home improvement/remodeling company specializing in sun rooms. GMNI has completed several improvements to the vacant industrial site and structure in order to establish a successful business. As part of the CUP, the applicant has requested approval to allow for outdoor storage of trailers and equipment on unimproved surfaces; and to allow for outdoor sales to bring the site into conformance with the 2005 Albertville Municipal City Code Zoning Section. Assistant City Engineer Nafstad presented the concern ofthe current septic system that serves the industrial building, which is not up to code due to inadequate soils. GMNI has entered into an agreement with Duane's Septic Service, LLC to provide septic pumping every thirty (30) to sixty (60) days as needed. Jim Franklin, the property owner, has agreed to have the City of Albertville conduct a feasibility study to possibly extend city sewer to the site. City staffhas discussed the following two (2) options to bring the sewage treatment into compliance: 1. The existing onsite sewage system shall be updated to meet all regulatory requirements. 2. City sewer shall be extended to the site. The Albertville City Council shall determine which option shall be required to update the sewage treatment and either option shall be reviewed and approved by the City Engineer. Nafstad wanted the Council to know that the agreement with Duane's Septic Service, LLC is only an interim or temporary arrangement to deal with the septic system. The existing septic system is non-compliant, but there will be documentation from Duane's noting that the septic will be pumped every 30-60 days depending on the usage. N afstad stated that there is the ability to extend sewer service to the site, which would be rather costly. The estimated cost to extend the service is approximately $150,000. Council member Wagner asked if it would be beneficial to connect to city sewer and water. Nafstad replied stating it would be beneficial, because that would make the land developable in comparison to the current state that it is in. City Attorney Couri noted that there is the chance that the City could connect city sewer and water, which the City could asses the costs to the property. City Administrator Kruse wanted to make sure that the Council was aware that the current septic system is failing. Kruse brought up the question would it be better to connect to city sewer and water now versus in the future when Albertville is more developed? Connecting would require closing down Barthel Industrial Drive NE for "xx" number of days. Albertville is already dealing with traffic issue today; it is unknown what traffic will be in the future. Council wanted to know if we could make it part of the conditions that the site would connect to city sewer and/or water within 6 to 12 months. M:\Public Data\City Council\Council Minutes\2007 Minutes\M 07-16-07 Final.doc City of Albertville City Council Minutes July 16, 2007 Page 8 of 15 City Administrator Kruse suggested the City could assist by financing the improvement over a 10-year bond. It was recommended by the Council that Item 5. be removed from the Resolution and Item 8 shall be amended. Item 8 was amended to read, to some effect, that the City Council shall determine the time at in the future the site shall hook up to city sewer and which option shall be required to update the sewage treatment and either option shall be reviewed and approved by the City Engineer, Building Official and Wastewater Treatment Superintendent. MOTION BY Council member Wagner, seconded by Council member Vetsch to approve Resolution No. 2007-xx entitled a Resolution Approving a Conditional Use Permit (CUP) for Greater Minnesota Home Improvement located at 5720 Barthel Industrial Drive NE within the City of Albertville with the nine (9) recommendations, within one-year, July 16, 2008, City staff will inspect and re-evaluate the status of the septic system and decide whether it should be abandoned and the site hook up to the City's sewer system, and on file in the office of the City Clerk. Motion carried unanimously. Electronic Si!!ns Council member Fay noted that the City is currently reviewing Electronic Signage within the city limits and would like to place a moratorium on any potential signage. MOTION BY Council member Fay, seconded by Mayor Klecker to put a moratorium on Electronic Signage within the City of Albertville effective immediately. Motion carried unanimously. ENGINEERING Proiect Uodate Assistant City Engineer Nafstad touched briefly on various topics within the Project Status Update. Nafstad stated that the excavation of the pond continues and is progressing well. CSAH South Project is moving along with the minor situation where a watermain was hit causing lose of water pressure that was quickly resolved temporarily. Because ofthe watermain issue there was discussion about the potential of temporarily closing down CSAH 19 South for 3-days for property construction of a watermain project. Wright County is looking for Albertville Council's approval to allow for the CSAH 19 watermain project. The entire Council was in agreement to allow for the CSAH 19 South to be temporarily closed for 3-days, Wednesday through Friday, July 18 to July 20, for the purpose of a watermain project. M:\Public Data\City Council\Council Minutes\2007 Minutes\M 07-16-07 Final.doc City of Albertville City Council Minutes July 16, 2007 Page 9 of 15 Approve Resolution No. 2007-xx entitled a Resolution Aporovim! Plans and Specifications for Albertville Marketplace Lift Station and Authorize to Advertise for Bids Assistant City Engineer Nafstad brought the Council up-to-date on the Albertville Marketplace, noting that Bolton & Menk, Inc. has completed the necessary Plans and Specifications for the proposed Phil Morris Lift Station project. It is estimate that the total construction costs to complete the lift station are $187,000. In order for the City to properly service the Albertville Marketplace the lift station must be implemented and constructed. At this point staff is looking for Council approval for the Plans and Specifications for the Albertville Marketplace Lift Station and to authorize staff to advertise for bids. Staffwill present the Resolution to Award the Contract for Low Bid at the September 4,2007 Albertville City Council meeting. Council suggested staff to screen or landscape around the lift station. Council noted that the City requires the developers to landscape around the mechanics located within their developments; therefore the City should comply with the same requirements of landscaping around the mechanics if there is the possibility and space to allow. Council directed staff to screen the Phil Morris Lift Station with shrubs. Council went on by recommending that staff evaluate other lift stations throughout Albertville and consider the potential of screening or landscaping around those also. MOTION BY Council member Berning, seconded by Council member Vetsch to approve Resolution No. 2007-xx entitled a Resolution Approving Plans and Specifications for Albertville Marketplace Lift Station and Authorize to Advertise for Bids, and on file in the office of the City Clerk. Motion carried unanimously. Accept Low Quote from (to be filled in later) for Construction of 57th Street NE Sidewalk from Lander Avenue NE to Main Avenue NE (will be presented July 16.2007) Assistant City Engineer Nafstad reviewed the status of the 57th Street NE sidewalk issue, which has been brought up over the past year during previous City Council meetings. N afstad noted that Albertville Council members, St. Albert's Church and residents have expressed concern with connecting the sidewalk from Lambert Avenue NE to Main Avenue NE. As you are aware, staff has been in contact with the property owners that would be affected by the sidewalk improvement project. Nafstad reported that one of the residents is present tonight to share their comments with the Council. Jason Weber, 11441 57th Street NE, explained to the Council that he had a number of concerns with the sidewalk construction, which were the utilities that are located near the proposed area, the additional pedestrian traffic the sidewalk will potential produce, what will happen to the trees that may need to be removed to put the sidewalk in, the privacy we currently enjoy will no longer exist as residents pass by on the sidewalk, and the additional bar pedestrian traffic that M:\Public Data\City Counci1\Council Minutes\2007 Minutes\M 07-16-07 Final.doc City of Albertville City Council Minutes July 16, 2007 Page 10 of 15 will be created with the sidewalk along with the potential trash that will be discarded on my property. Nafstad brought up the fact that two-years ago Council was initially asking staffto research the possibility of widening 57th Street NE from Lambert Avenue NE to Main Avenue NE that would incorporate some type of stripping for a pedestrian trail. Today, Council is now considering the installation of a sidewalk that would connect the existing sidewalk from Lambert Avenue NE to Main Avenue NE. There was continuous discussion and debate between the Council, staff and resident on the construction of the 57th Street NE sidewalk. Staff shared with the Council that there is a potential safety concern of the pedestrians. By connecting the sidewalk would allow the residents the ability to walk down 5th Street NE with minimal crossings of the street. MOTION BY Council member Berning, seconded by Council member Wagner to table the Low Quote from Irnholte Concrete Construction, Inc. in the amount of $22,0132 dated July 16,2007 for Construction of 57th Street NE Sidewalk from Lander Avenue NE to Main Avenue NE that was presented during the meeting, and on file in the office of the City Clerk. Motion carried unanimously. Pavment to Donlar Construction for Roadwav near Stormwater Detention Pond ( discussion item) Assistant City Engineer Nafstad reported that at the July 2,2007 meeting the request for payment to Donlar Construction was presented and Council directed staff to negotiate on the fees. As part of the agreement for the construction of the pond there was the future need for the construction of the watermain south on Jansen Avenue NE and completion of the road improvement. Staff has discussed the error in construction of the watermain and the road with Dan Harlander, Senior Project Manager for Donlar Construction. Nafstad informed the Council that all requirements have been installed for the construction of the small portion of roadway near the southwest portion of the pond in St. Michael. It was brought up what would happen if St. Michael decided in the future that the roadway should be relocated? Staff replied by stating St. Michael would be required to re-plat. What is unknown today is where the road will continue further south. It is when the property south develops is when some ditch or bridge will be constructed. MOTION BY Council member Wagner, seconded by Council member Vetsch to approve Payment to reimburse Donlar Construction for additional costs to extend the water main south on Jansen Avenue NE and complete the road improvements near the Albertville pond, (Ryan M:\Public Data\City Council\Council Minutes\2007 Minutes\M 07-16-07 Final.doc City of Albertville City Council Minutes July 16, 2007 Page 11 of 15 Contracting in the amount of$9,250; Hardrives in the amount of $27,756; for a total reimbursement of$37,006), and on file in the office of the City Clerk. Motion carried unanimously. LEGAL Knechtl Purchase Allreement City Attorney Couri reviewed the Knecht! Purchase Agreement covering the basic parts in detail. Couri noted that the agreement was presented to the Council at a previous meeting this year. The price of$13.00 per square foot was set and the land owner appears to be firm on the price. The total purchase price for the 48,106 square feet of property needed to construct the 1-94 ramps is $625,378. In addition, the City agrees to pay Lessee $22,150 as relocation compensation to compensate Lessee for the relocation of an existing billboard sign located on the Property. Couri went on to report that the closing date shall occur on or before the later of August 31, 2007 or 60 days after the contingencies have been satisfied. MOTION BY Council member Berning, seconded by Council member Wagner to approve the Knecht! Purchase Agreement, and on file in the office of the City Clerk. Mayor Klecker, Council members Berning, Wagner, and Fay voted aye. Council member Vetsch opposed. Motion carried. Barthel Commercial Park 2nd Addition - Lachman Avenue NE - Review Pronosed Assessment Roll City Attorney Couri briefly reviewed the Proposed Barthel Commercial Park 2nd Addition (Lachman Avenue NE) Assessment Roll that was revised and presented at the Council meeting. Couri brought to the Council's attention that city staff has been in contact with the Barthels. MOTION BY Council member Berning, seconded by Council member Vetsch to approve Barthel Commercial Park 2nd Addition (Lachman Avenue NE) Proposed Assessment Roll as presented during the meeting, and on file in the office of the City Clerk. Motion carried unanimously. Barthel Industrial Park Addition - 52nd Street NE - Review Pronosed Assessment Roll City Attorney Couri reported that a revised assessment roll has been placed on the Council dias, again noting that staffhas been in contact with the affected property owners. M:\Public Data\City Council\Council Minutes\2007 Minutes\M 07-16-07 Final.doc City of Albertville City Council Minutes July 16, 2007 Page 120f15 MOTION BY Council member Berning, seconded by Council member Vetsch to approve Barthel Industrial Park Addition - 52nd Street NE - Review Proposed Assessment Roll as presented, and on file in the office of the City Clerk. Motion carried unanimously. Stormwater Detention Pond - Flood MitilZation (Albert Villas) - Review ProDosed Assessment Roll City Attorney Couri noted that an updated Proposed Assessment Roll has been placed on the Council dias for Council review. Assistant City Engineer Nafstad proceeded to review the Stormwater Detention Pond (Flood Mitigation) Assessment roll. The project cost to construct the pond to alleviate water issues within the Albert Villas Development is $1,043,900. To reduce the total project cost $260,000 of the Stormwater funds will be used; therefore creating a balance of$783,900. There are approximately 350 residents that are proposed to be assessed $1,101.65 per household for the project over a ten-year span making it $110 per year. The only alternative would be to actually inspect each property located within each of the Albert Villas Developments for the correct elevations of the house to discover what exact properties are truly affected by the low elevations. Council had concerns with assessing the three (3) property owners that were pre-existing prior to the development of the Albert Villas area. City Attorney Couri reported that is would not be an easy task to exclude a few of the lots. Couri went on to note that the courts system would not look at who was there first or prior to the water Issues. City Administrator Kruse brought to the Council's attention that Ken Heuring was present and would like to express some concerns regarding the assessment. Ken Heuring, 5091 Jason Avenue NE, wanted to know whey he was going to be assessed because he is not part ofthe Albert Villas Development. To the best of Mr. Heuring's knowledge it was the Albert Villas Development that experienced the flooding issues, not him. Mr. Heuring had concerns as to why the court system would not look at the Albert Villas Development, because that is where the problem actually occurred. Nafstad noted that it would require more that just a water elevation to decide which lots would be more affected by the water problems compared to other lots. What the Council may not realize that there are a great deal of variables that would need to be taken into account for consideration. M:\Public Data\City Council\Council Minutes\2007 Minutes\M 07-16-07 Fina1.doc City of Albertville City Council Minutes July 16, 2007 Page 13 of 15 City Administrator Kruse stated that when the city starts assigning selective properties exempt from the assessment could potentially put the City liable for any future issues in the future. Mr. Heuring challenged staffto find out information as to whether the City should receive funds from the lawsuit where would the funds go. Mr. Heuring replied by stating most likely these funds would go back to the General Budget; therefore all the residents in Albertville would benefit and not just the Albert Villas who would be paying for the water problem. There was additional discussion among the Council, staff and Mr. Heuring regarding the proposed assessment. There was discussion as to who to assess; how much to asses; what will the city do should there be a settlement from the lawsuit in which the City would receive a payment for damages. MOTION BY Council member Berning, seconded by Council member Wagner to approve Resolution No. 2007-xx entitled Stormwater Detention Pond - Flood Mitigation (Albert Villas) - Review Proposed Assessment Roll as presented, Council directed staff to explore the option to re-calculate the Assessment Roll to lower the individual assessment prior to the Assessment Hearing to be held on Wednesday, August 22,2007, and on file in the office ofthe City Clerk. Mayor Klecker, Council members Berning, Wagner, and Fay voted aye. Council member Vetsch opposed. Motion carried. Aoorove Ordinance No. 2007-xx entitled an Ordinance Adootim! the Minnesota State BuildinlZ Code - This Ordinance Provides for the Apolication. Administration. and Enforcement of the Minnesota State BuildinlZ Code bv RelZulatinlZ the Erection. Construction. EnlarlZement. Alteration. Reoair. MovinlZ. Removal. Demolition. Conversion. Occuoancv. Eauioment. Use. HeilZht. Area. and Maintenance of all BuildinlZs and/or Structures in this Municioalitv: Provides for the Issuance of Permits and Collection of Fees thereof: Provides Penalties for Violation thereof - This Ordinance shall Peroetuallv Include the most Current Edition of the Minnesota State BuildinlZ Code with the Exceotion of the Ootional Aooendix chaoters - Ootional Aooendix Chaoters shall not aoolv unless Soecificallv Adooted City Attorney Couri informed the Council that following the adoption of Section 1306 of the Minnesota State Building Code, the State made changes to the Section. In summary, staffhas prepared an Ordinance Amending the 2005 Albertville Municipal City Code Adopting the Minnesota State Building Code Section that provides for the application, administration, and enforcement of the Minnesota State Building Code by regulating the erection, construction, enlargement, alteration, repair, moving, removal, demolition, conversion, occupancy, equipment, use, height, area, and maintenance of all buildings and/or structures in this municipality; provides for the issuance of permits and collection of fees thereof; provides penalties for violation thereof; this ordinance shall perpetually include the most current edition of the Minnesota State Building Code with the exception of the optional Appendix Chapters; optional appendix chapters shall not apply unless specifically adopted. M:\Public Data\City Council\Council Minutes\2007 Minutes\M 07-16-07 Final.doc City of Albertville City Council Minutes July 16,2007 Page 14 of 15 MOTION BY Council member Vetsch, seconded by Council member Fay to approve Ordinance No. 2007-xx entitled an Ordinance Adopting the Minnesota State Building Code - This Ordinance Provides for the Application, Administration, and Enforcement of the Minnesota State Building Code by Regulating the Erection, Construction, Enlargement, Alteration, Repair, Moving, Removal, Demolition, Conversion, Occupancy, Equipment, Use, Height, Area, and Maintenance of all Buildings and/or Structures in this Municipality; Provides for the Issuance of Permits and Collection of Fees thereof; Provides Penalties for Violation thereof - This Ordinance shall Perpetually Include the most Current Edition of the Minnesota State Building Code with the Exception of the Optional Appendix chapters - Optional Appendix Chapters shall not apply unless Specifically Adopted, and on file in the office of the City Clerk. Mayor Klecker, Council members Vetsch, Wagner, and Fay voted aye. Council member Berning opposed. Motion carried. CSAH 37 Joint Road Imorovement AlZreement between WrilZht Countv. the Citv of Albertville and the Citv of OtselZo for that oortion of CSAH 37 near Albertville Marketolace Develooment also known as Phil Morris orooertv City Attorney Couri reported that a CSAH 37 Joint Road Agreement has been placed on your dias this evening. This is a basic road agreement for the improvements of CSAH 37 between Wright County, City of Albertville, and the City ofOtsego. Staffhas met with Wright County and Otsego to discuss joint road agreements in general. Staff will be meeting to review the agreement with Otsego Tuesday, July 17 to come to conclusion on what is expected ofthe three parties involved. Council questioned Part 6 of the agreement that dealt with the completion of any portion of the Traffic Control Signal, it shall be the County's responsibility at its cost and expense to (1) maintain the signal controller, (2) determine the appropriate signal timing sequence, (3) provide phone service to the controller for remote servicing, (4) provide for replacement of poles, cabinet, etc. if they should be damaged through vehicle collision etc. (major maintenance), (5) provide maintenance for the EVP system which costs would be reimbursed by Albertville and/or Otsego pursuant to the terms of this Agreement. In addition to Part 6, Council had discussion on Part 10 and Part 12 ofthe Agreement. MOTION BY Council member Berning, seconded by Council member Wagner to approve the CSAH 37 Road Agreement near Albertville Marketplace Development otherwise known as Phil Morris property as presented this evening. Motion carried unanimously. was M:\Public Data\City Council\Council Minutes\2007 Minutes\M 07-16-07 Fina1.doc City of Albertville City Council Minutes July 16, 2007 Page 15 of 15 ADMINISTRA nON Written Reoort City Administrator Kruse briefly went over the report asking the Council if they had any concerns or questions. ADJOURNMENT MOTION BY Council member Wagner, seconded by Council member Vetsch to adjourn at 11 :45 p.m. Motion carried unanimously. G2- *~L Ron Klecker, Mayor ~ .V\JLA. Bridget Mill , City Clerk M:\Public Data\City Council\Council Minutes\2007 Minutes\M 07-16-07 Final.doc Albertville City Council July 16,2007 Attendance Page 1 PRINT Name Address City Speak - Citizen Forum - issue or concern 1325 Any Street N E Albertville Item on agenda 1295 Your Street NE Annandale Cars speeding }()Cj'll _ S7 t>I, <) t- /t..J ~ ~ .No Jane Smith John Doe ~f>r$I--f\,. r {;; b '- C; 1..-8 fo(\.;r lJ I (A.... r /~ql Ku's+o" M ~ cbflh:;'L HoE:'i 2 ::P1'~ 2b ~ A-vES 561 q / 14J~ I t-fct:N \.N\fJ.-I. "'N<C I Le,p ~.,. v, 4 M:\Public Data\City Council\2007 Public Hearing Attendance.doc