2007-08-06 CC Minutes
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ALBERTVILLE CITY COUNCIL
August 6, 2007
MINUTES
Albertville City Hall
7:00 PM
PRESENT: Mayor Ron Klecker, Council members John Vetsch, LeRoy Berning, Dan Wagner,
and Tom Fay, City Planner Al Brixius, Assistant City Engineer Adam Nafstad, City Attorney
Mike Couri, City Administrator Larry Kruse, Finance Director Tina Lannes, 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.FA.c. CSAH 19 South Sidewalk/Trail
Removing:
8.G.2.
Approve "On-Sale" Wine Liquor License and "On-Sale 3.2%" Malt Beverage
Liquor License for Senor Peppers
Motion carried unanimously.
MINUTES
MOTION BY Council member Wagner, seconded by Council member Fay to approve the
Thursday, July 12,2007 PMT minutes as presented, and on file in the office of the City Clerk.
Motion carried unanimously.
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City of Albertville
City Council Minutes
August 6, 2007
Page 2 of 12
MOTION BY Council member Wagner, seconded by Council member Berning to approve the
Monday, July 16,2007 regular City Council minutes as presented, and on file in the office of the
City Clerk. Motion carried unanimously. .
MOTION BY Council member Wagner, seconded by Mayor Klecker to approve the Monday,
July 23,2007 special City Council and Wright County Sheriff Department Workshop minutes as
presented, and on file in the office of the City Clerk. Motion carried unanimously.
MOTION BY Council member Wagner, seconded by Council member Fay to approve the
Monday, July 30, 2007 special City Council Bond Sale and 2008 Budget Workshop 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.
There was no one in the audience that wished to speak to the Council on an issue that was not
alTeady on the agenda.
CONSENT AGENDA
MOTION BY Council member Vetsch, seconded by Council member Berning to approve the
consent agenda pulling check numbers 024550, 024586, 024587, 024549, and 024574.
A. Approve payment of claims check numbers 024541 to 024618
B. Approve Resolution No. 2007-56 entitled a Resolution Renewal of the Gambling
License for the Albertville Lions at Major's Sports Cafe
C. Approve Resolution No. 2007-57 entitled a Resolution Renewal of the Gambling
License for the Albertville Lions at Geez Sports Bar & Grill
D. Approve Resolution No. 2007-58 entitled a Resolution Renewal of the Gambling
License for the Albertville Lions at the 152 Club
E. Approve application for 3.2 Malt Liquor License for the Albertville Lions for Saturday,
August 25, 2007 for an event to be held at the Albertville Center-City Park Shelter
from 12:00 noon to 9:00 p.m.
F. Approve Resolution No. 2007-61 entitled a Resolution for a New Application for a
Gambling License for the Albertville Foxtailers at Space Aliens Bar and Grill
Motion carried unanimously.
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City of Albertville
City Council Minutes
August 6, 2007
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ACTION ON PULLED CONSENT ITEMS
Check number 024550
Council members wanted to make sure that items were complete on the construction of the new
City Hall such as the timers on the parking lot lights and the cracked window.
City Administrator Kruse ensured the Council that staff is working with Bonestroo to resolve the
outstanding concerns. Kruse reminded the Council that the City has a percentage held as a
retainer amount.
Check number 024586 and Check number 024587
Council inquired what service the two entities are providing.
Finance Director Lannes reported check number 024586 is for physically picking up cats and or
dogs; whereas check number 024587 is for boarding of the animals that have been picked up.
MOTION BY Council member Berning, seconded by Council member Fay to approve payment
of check number 024550 in the amount of $14,084.00 to Bonestroo, Rosene, and Adnerlik for
50% of invoice number 144084 for City Hall Construction; check number 024586 in the amount
Of $88.00 to Monticello Animal Control for pick up of dogs; and check number 024587 in the
amount of $536.76 to City of Monticello for monthly animal boarding fees. Motion carried
unanimously.
Check number 024549
Council asked what China Dragon Development was.
Assistant City Engineer Nafstad reported that it is a new business that is looking to open within
the Albertville city limits.
Check number 024574
Council questioned what area of sewer line was televised.
Assistant City Engineer Nafstad stated that it was an older area along Main Avenue NE where
they found roots.
MOTION BY Council member Wagner, seconded by Mayor Klecker to approve payment of
check number 024549 in the amount of $31,799.50 to Bolton & Menk, Inc. for engineering
services; and check number 024574 in the amount of$370.00 to Infratech Technologies, Inc. for
televise of sewer pipe. Motion carried unanimously.
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City of Albertville
City Council Minutes
August 6, 2007
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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.
BUILDING DEPARTMENT
Monthlv Status Undate
Building Official Sutherland was not present for additional comments or questions regarding the
monthly status report.
C,ouncil did not have any concerns at this time.
FINANCE DEPARTMENT
Accounts Receivable Undate
Finance Director Lannes informed the Council that as of August 2 the total outstanding accounts
receivable amount is $1,180,766.74. Lannes asked the Council if they had any additional
concerns with the outstanding receivables.
There were no additional concerns or questions from the Council.
Proiect Status Undate
Finance Director Lannes asked the Council ifthere were any concerns with the Project Status
Update.
There were no comments or concerns from the Council regarding the Project Status Report.
Reauest for Council Action to Reimburse Partial Buildim! Permit Fees
Finance Director Lannes presented the Request for Council Action for a partial reimbursement
for a building permit. Lannes brought to the Council's attention the fact that the permit is over
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180 days old and the house was never built. In the meantime, an additional permit was
submitted for the same address, in which the city collected the appropriate fees.
MOTION BY Council member Berning, seconded by Council member Vetsch to approve the
Request for Council Action to Reimburse Partial Building Permit Fees in the amount of
$9,001.40 to Alpine Homes Inc. for Permit Number B25-063 for 10915 53rd Street NE. Motion
carried unanimously.
Buildim! DeDartment Revenue ReDort and Albertville Laundromat Utility fees
Finance Director Lannes wanted to keep the Council informed on the amount of building
revenue. Lannes reported that as of July 24 the revenue amount was $112,831.31, which was
26.86% of budget.
Finance Director Lannes brought to the Council's attention that the Albertville Laundromat has
inquired about a possibility of reducing the water and sewer bill. It was reported that there was
an error reporting the water meter reading since the opening of the Laundromat, which means it
has been going on for approximately 10 years. The owner is asking the Council to consider a
reduction in the outstanding water bill or allow the Laundromat 1-2 years to pay the entire
amount without interest or penalties.
Council and staff debated whether to reduce the bill or have the owner pay without interest and
penalties.
Council tabled the Albertville Laundromat Utility Bill until the August 20,2007 Council
meeting, at which time staff will present results from researching other communities with
Laundromats.
CITY CLERK
ADDfove transfer of3.2 Malt Liauor License from Croix Oil ComDanv to LMV Corooration
effective Ammst 7. 2007
City Clerk Miller reported that Albertville Mobil is under new ownership, which the new owner
has submitted an application to transfer the existing 3.2% Malt Liquor License. The BCA and
Wright County background check came back noting no records. The new owner was not in
favor of selling alcohol and would sell for the remainder of the liquor license period. At that
point, the new owner would decide whether to renew the license or not.
MOTION BY Council member Berning, seconded by Council member Fay to approve transfer
of 3.2 Malt Liquor License from Croix Oil Company to LMV Corporation effective Tuesday,
August 7, 2007 and upon receipt of Certificate of Insurance. Motion carried unanimously.
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City Council Minutes
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PLANNING AND ZONING
AODfove Ordinance No. 2007-08 entitled an Ordinance for Text Amendment for Electronic
Si2:na2:e
City Planner Brixius informed the Council that Ordinance No. 207-08 reflects the conversations
with the Planning and Zoning Commission and the City Council. The ordinance takes into
account what the City of Minnetonka has approved, amended and incorporated into their
guidelines for Electronic Signage.
Council had concerns with the eight second rule, the amount of lumens per square foot at the
sign face, one color lights, and monochromic background. Council directed staff to amend the
ordinance and bring it back to the Monday, August 20,2007 Council meeting.
MOTION BY Council member Wagner, seconded by Council member Berning to table
Ordinance No. 2007-08 entitled an Ordinance for Text Amendment for Electronic Signage until
the Monday, August 20,2007 Council meeting. Motion carried unanimously.
AODfove Ordinance No. 2007-09 entitled an Ordinance to Rezone Albertville Gara2:e and Lod2:e
from Public/Institutional to B-4 General Business District
City Planner Brixius stated that the City is requesting to rezone the property at 5964 Main
Avenue NE from Public/Institutional (P/I) to B-4 General Business District. By rezoning the site
to B-4 General Business District would match the surrounding properties.
MOTION BY Council member Berning, seconded by Council member Wagner to approve
Ordinance No. 2007-09 entitled an Ordinance to Rezone Albertville Garage and Lodge from
Public/Institutional to B-4 General Business District as presented, and on file in the office of the
City Clerk. Motion carried unanimously.
ENGINEERING
Proiect Dodate
Assistant City Engineer Nafstad went over the project report update, which Nafstad asked the
Council if they had any questions or comments regarding the report.
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Relocation of Utili tv Polls located on 57th Street NE (between Lambert Avenue NE and Main
Avenue NE) ( discussion item)
Assistant City Engineer Nafstad informed the Council that there are a number of utility polls that
may need to be relocated to implement the 5ih Street NE sidewalk project. There is the
potential that the city could work around the utility polls. Nafstad reported that staff has been
working with Xcel Energy to move or remove a few of the poles. A rough cost estimate to
relocate the poles is $30,000.
The utility pole at the corner of Main Avenue NE and 57th Street NE would not be moved, as the
alignment of the sidewalk can be configured around the pole.
The City would need an easement agreement with the property owners of 5697 Main Avenue
NE.
The utility pole located at 11441 57th Street NE would not require an easement agreement.
The utility pole located at 5697 Lander Avenue NE would require the property owners consent to
an easement.
The property of 5694 Lambert Avenue NE utility pole did not appear to be a problem with the
installation of the sidewalk.
A couple of Council members did not want to spend $30,000 on moving the utility poles.
Council and staff continued to discuss the installation of the 5ih Street NE sidewalk that would
connect on the south of 57th Street NE from Lambert Avenue NE to Main Avenue NE.
Council directed staff to present the 57th Street NE south sidewalk project to the August 20, 2007
Council meeting incorporating the direction Council gave staff this evening. The direction is to
accomplish the sidewalk improvement with minimal removal of utility poles, offering residents
replacement trees for those that would need to be removed, and obtain easement agreements
where needed.
Stormwater Detention Pond - Flood MitilZation (Albert Villas) - Review Revised ProDosed
Assessment Roll
Assistant City Engineer Nafstad stated that per the Council request, staffhas compiled an
amortization schedule for the four (4) assessment options for the Flood Mitigation Project. Staff
prepared and presented an analysis to the Council as to what the effect would be on the proposed
Stormwater Utility Fee increase should there be a reduction in the assessment amount. Nafstad
went over the four (4) scenarios with the Council noting that each time the assessment amount
goes down $50 - $100, the Stormwater Utility fee goes up about $1.00-$3.00 per residential unit.
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Council member Berning brought up the fact that this is based on single-family dwellings; it
does not demonstrate how much the Stormwater Utility Fee increase would be for commercial
accounts.
Staff confirmed that the table demonstrates the single-family residential rate increase.
Commercial is based upon a percentage of stormwater run off from the site.
There was discussion as to how much to increase the stormwater rate.
Council directed staff to prepare estimated stormwater bills for a couple of commercial
properties such as: Coborn's, Geez Sports Bar & Grill, and Major's Sports Cafe.
CSAH 19 South Imorovement Proiect - Review Prooosed Assessment Roll - Aoorove
Resolution No. 2007-62 entitled a Resolution CallinQ for a Public HearinQ on the Prooosed
Soecial Assessment for CSAH 19 South Imorovements
City Attorney Couri began with an overview for the preliminary approval of the CSAH 19 South
Improvement Assessment Roll. Couri noted that Albertville's allocation cost for the project is
$1,643,273. Council directed staff to contract with an appraisal company to verify the actual
received benefit there will be to the proposed property to be assessed. Couri went on to explain
that Nagell Appraisal and Consulting did not appraise the property within Tier 2, as it was a
transition type of property from the four lane abutting property.
Assistant City Engineer Nafstad stated that the assessment rates proposed are based upon the
findings of the appraisals by N agell Appraisal and Consulting, which were performed
specifically for the purpose of estimating the actual benefit to the lots being assessed. Nagell
Appraisal and Consulting reviewed seven properties within the proposed area to ensure that the
actual received benefit does not exceed the proposed assessment.
Council member Vetsch challenged the lot on the comer ofCSAH 18 and CSAH 19.
Couri stated that the property on the comer of CSAH 18 and 19 is zoned agricultural and at this
time there is no benefit to the property. Staff, therefore, did not include the property in the
assessment roll.
Following the comment from Vetsch, Nafstad posed the question "should the property south of
the STMA School be assessed also?" Nafstad noted that it would be similar to the agricultural
property on the comer ofCSAH 18 and 19.
City Planner Brixius brought up the fact that there is limited access to the property on the comer
of CSAH 18 and 19; therefore, would most likely have no benefit.
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It was questioned why the STMA School site was being assessed.
Couri reported that the laws have changed and allows school property to be assessed. A day may
come when the school could decide there is no longer a need for the ballfields that abut CSAH
19. The school could sell the property, which could have a slight potential of being re-zoned
commercial.
A resident in the audience challenged the possibility as to whether or not there will be an
appraisal report noting the before and after benefits from the improvement.
Couri confirmed that the appraiser will submit an Appraisal Report identifying the value of the
property before the improvement and after the improvement.
There was debate as to if there will be a break down of costs such as; how much is the total
project costs, how much is the city's costs, how much is the county's costs, etc.
Council member Vetsch recommended including the lot on the comer of CSAH 18 and 19 in
either Tier 4 or Tier 5.
Council member Berning made a recommendation for the comer lot to be included with Tier 2.
MOTION BY Council member Wagner, seconded by Council member Vetsch to approve
Resolution No. 2007-62 entitled a Resolution Calling for a Public Hearing on the Proposed
Special Assessment for CSAH 19 South Improvements adding the comer lot of CSAH 19 and
CSAH 18. Motion carried unanimously.
CSAH 19 South Imorovement Proiect - Trail
Mayor Klecker had a concern with the trail that is being constructed in conjunction with the
CSAH 19 South Road Improvement. There is a catch basin or manhole on the Cottages of
Albertville rental units, which appears to be unsafe.
Nafstad explained that to the best of his ability, the trail is under construction; therefore is not
complete. Nafstad went on to note that there is the possibility that they are connecting the sewer
mains, which is part of the CSAH 19 construction process. Nafstad informed the Council that he
would like to inspect the site to find out additional information about the issue Mayor Klecker is
describing. Nafstad believes that it would be properly filled and graded when that portion of the
trail has been completed.
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Council Consider Re-schedulim! the Barthel Commercial Park (Lachman Avenue NE)
Assessment Hearin~ that was set for Wednesdav. Au~ust 22.2007 to a date in October 2007
(discussion item)
Assistant City Engineer Nafstad requested the Council to consider re-scheduling the Barthel
Commercial Park 2nd Addition Assessment Hearing until October 2007.
Staff shared that they would meet with the Barthels when the bids come in; at which time staff
will get a better idea of what the Barthels feel. Following the meeting with the Barthels, staff
will ask Council to schedule the public hearing and approve the assessment roll.
MOTION BY Council member Berning, seconded by Council member Vetsch to cancel the
Barthel Commercial Park (Lachman Avenue NE) Assessment Hearing that was set for
Wednesday, August 22,2007 and re-scheduling the Assessment Hearing to a date in
October 2007. Motion carried unanimously.
Aoorove Resolution No. 2007-63 entitled a Resolution Callin~ for a Public Hearin~ on the
Prooosed Soecial Assessment for 52nd Street NE Imorovements
Assistant City Engineer Nafstad noted that a revised preliminary assessment roll and resolution
have been prepared. Staff is looking for Council to accept the assessment roll for the 52nd Street
NE Improvement project; otherwise known as Barthel Industrial Park 2nd Addition. The revised
Assessment roll includes the additional assessment to the Fraser Lot and includes the now know
bond issuance cost.
MOTION BY Council member Berning, seconded by Council member Fay to approve
Resolution No. 2007-63 entitled a Resolution Calling for a Public Hearing on the Proposed
Special Assessment for 52nd Street NE Improvements, which is set for Wednesday,
August 22, 2007 at 6:00 p.m. or soon thereafter. Motion carried unanimously.
LEGAL
Citv Attornev Reoort Uodate
City Attorney Couri inquired if the Council had any questions or concerns regarding the City
Attorney's Update Report.
Aoorove "On-Sale" Wine Liauor License and "On-Sale 3.2%" Malt Bevera~e Liauor License
for Senor Peooers
Item was removed from the agenda as the owners are no longer pursuing a liquor license.
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Set Mondav. AUl2:Ust 27.2007 at 8:00 n.m. or soon thereafter as a Snecial Citv Council meetinQ
for an Undate on the Edina Develonment and Gold Kev Develonment LitiQation (discussion
item)
City Attorney Couri asked the Council to consider setting Monday, August 27,2007 at 8:00 p.m.
or soon thereafter as a Special City Council closed session meeting to obtain an update from
Jason Kuboushek and Paul Reuvers on the Edina Development and Gold Key Development
Litigations.
MOTION BY Council member Vetsch, seconded by Council member Berning to approve
setting Monday, August 27,2007 at 8:00 p.m. or soon thereafter as a Special City Council
meeting for an Update on the Edina Development and Gold Key Development Litigation
(discussion item). Motion carried unanimously.
Annrove Resolution No. 2007-60 entitled Resolution SettinQ Stormwater Utility Rates
City Attorney Couri presented Resolution No. 2007-60 entitled a Resolution Setting Stormwater
Utility Rates.
After the previous discussion regarding the Flood Mitigation, the Council directed staff to hold
off on the approval of the resolution until after the August 22, 2007 Flood Assessment Hearing.
MOTION BY Council member Berning, seconded by Council member Vetsch to table
Resolution No. 2007-60 entitled Resolution Setting Stormwater Utility Rates until after the
Special Assessment Hearing to be held on Wednesday, August 22,2007. Motion carried
unanimously.
ADMINISTRA nON
Written Renort
City Administrator Kruse asked the Council if they had any questions or concerns regarding the
City Administrator's written report.
Kruse reviewed the possibility of increasing the Albertville Fire Pension fund. Kruse
demonstrated with a table what other cities in the area are setting for Fire Relief Pension fund
amounts. In summary, Kruse noted that in comparison to the entire state, Albertville is high. If
you consider Albertville as part of the metro, Albertville appears to be on the low side of the Fire
Relief Pension fund.
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Kruse wanted to present the numbers to the Council and asked them to be prepared for the next
budget meeting. Kruse reminded the Council that there will be Fire Department members
present at the Monday, August 13, 2007 Budget Workshop.
ADJOURNMENT
MOTION BY Council member Vetsch, seconded by Council member Berning to adjourn at
11: 11 p.m. Motion carried unanimously.
_U<~ KkL
Ron Klecker, Mayor
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Albertville City Council
August 6, 2007 Attendance
Page 1
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