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2007-08-20 CC Minutes ~ 1\!1?.~!'!iJ I~ ALBERTVILLE CITY COUNCIL August 20, 2007 MINUTES Albertville City Hall 7:00 PM PRESENT: Mayor Ron Klecker, Council members John Vetsch, LeRoy Berning, Dan Wagner, and Tom Fay, Assistant City Planner Cassie Schumacher-Georgopoulos, City Attorney Mike Couri, Assistant City Engineer Adam Nafstad, City Administrator Larry Kruse, Finance Director Tina Lannes, Public Works Supervisor Tim Guimont, and City Clerk Bridget Miller ABSENT: none OTHERS PRESENT: Sandy Greninger with Family Youth Community Connections (FYCC) 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 and removing the following items: Adding: 5.B. 70th Street NE Joint Road Improvement Agreement Move: 9.G.3. 57th Street NE South Sidewalk Project (for earlier discussion) Motion carried unanimously. MINUTES MOTION BY Council member Wagner, seconded by Council member Berning to approve the Wednesday, August 1,2007 joint Albertville City Council and Otsego 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 Council member Fay to approve the Monday, August 6, 2007 regular City Council minutes as presented, and on file in the office of the City Clerk. Motion carried unanimously. M:\Public Data\City Counci1\Council Minutes\2007 Minutes\Bridget's Drafts\M 08-20-07 B-drafts.doc City of Albertville City Council Minutes August 20, 2007 Page 2 of 11 MOTION BY Council member Fay, seconded by Council member Berning to approve the Monday, August 13,2007 special City Council 2008 Budget Workshop and Closed Session minutes as presented, and on file in the office ofthe City Clerk. Mayor Klecker, Council members Berning and Fay voted aye. Council members Vetsch and Wagner abstained from voting. 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. Noel LaBine with the Wright County Economic Partnership was present to give an overview of the partnership. Mr. LaBine began by informing the Council that the Wright County Economic and Development Partnership began 14 years ago. Within those 14 years, the partnership has compiled information from each city to create a profile of the county and a web site has been created. Besides the profile and web site, other ways the partnership assists each city is the task of fielding calls from business entrepreneurs that are interested in locating within Wright County. The partnership has created and maintains a contact information list. Mr. LaBine reported that the partnership attends business meetings throughout the metro area ahd promotes Albertville as a place to locate a business. LaBine went on to talk about upcoming events, which includes one being held in October at the Albertville city offices. OTSEGO'S PRESENTATION ON 70TH STREET IMPROVEMENTS City Attorney Couri began by asking the Albertville Council to consider approving the Joint 70th Street NE Road Improvements prior to approving the resolution for the plans and specs and authorization to solicit bids. MOTION BY Council member Fay, seconded by Council member Wagner to approve the Joint City of Albertville and City of Otsego Joint 70th Street NE Road Improvement Agreement as presented, and on file in the office of the City Clerk. Motion carried unanimously. Aoorove Resolution No. 2007-72 entitled a Resolution AODfovimr the Plans and Soecifications and Authorize the Solicitation of Bids Mayor Klecker asked Otsego City Administrator Mike Robertson and Otsego City Engineer Ron Wagner to approach the podium to present to the Council the 70th Street NE Improvement Agreement. Mr. Wagner informed the Council that Otsego City Council recently met, in which the Council approved the Joint 70th Street NE Road Improvement Agreement. Wagner went on to explain M:\Public Data\City Council\Council Minutes\2007 Minutes\Bridget's Drafts\M 08-20-07 B-drafts.doc City of Albertville City Council Minutes August 20, 2007 Page 3 of 11 that Otsego is seeking Albertville's cooperation by approving the resolution for the plans and specifications for the joint 70th Street NE Road Improvement and authorize Otsego to advertise for bids. Wagner reviewed a time frame for the improvement, which included advertising for bids that would be opened by September 4. The bid results will be forwarded to Albertville for review and approval. City Attorney Couri reminded the Council of the Agreement Between the City of Otsego, City of Albertville, and Wright County Regarding Improvements to 70th Street NE, which was discussed at a joint meeting earlier. The agreement covers the portion of 70th Street NE that is located between CSAH 19 and MacIver Avenue NE. Couri brought to the Council's attention that a 28- foot wide bituminous road will be installed, therefore, eliminating the existing 24-foot wide road. MOTION BY Council member Wagner, seconded by Council member Vetsch to approve Resolution No. 2007-72 entitled a Resolution Approving the Plans and Specifications and Authorize the Solicitation of Bids as presented, and on file in the office of the City Clerk. Motion carried unanimously. CONSENT AGENDA MOTION BY Council member Wagner, seconded by Mayor Klecker to approve the consent agenda pulling item K and check number 024660. A. Approve payment of claims check numbers 024624 to 024675 B. Approve Resolution No. 2007-70 entitled a Resolution Adopting the 2007 Tax Levy Collectible in 2008 C. Approve Resolution No. 2007-71 entitled a Resolution Adopting the 2008 Preliminary Budget D. Accept a Donation of Gambling Funds from the Albertville Lions in the amount of $250 and make a donation to the Great River Library in the amount of $250 E. Approve Bolton & Menk, Inc. Engineer's recommendation for Application for Payment No. 1 and Final for 2007 Seal coat Project to Pearson Bros., Inc. in the amount of $24,499.60 F. Approve the Bolton & Menk, Inc. Engineer's recommendation to reduce the Letter of Credit for Towne Lakes 4th Addition from $200,000 to $52,000 G. Approve the Bolton & Menk, Inc. Engineer's recommendation to reduce the Letter of Credit for Lake Community Bank (Albertville Crossings 3rd Addition) from $9,000 to $450 H. Approve Resolution No. 2007-75 entitled a Resolution Setting Various Fees for Services I. Set Tuesday, September 25, 2007 as a joint meeting with Otsego City Council to begin at 7:00 p.m. to be held at the Albertville City Offices in the Council Chamber J. Set Monday, December 3,2007 for the 2007 Truth-in- Taxation Hearing beginning at 6:30 p.m.; and Monday, December 10,2007 beginning at 7:00 p.m. to continue the Truth- in-Taxation Hearing if necessary K. Accept the Agreement for Services for Animal Control M:\Public Data\City Council\Council Minutes\2007 Minutes\Bridget's Drafts\M 08-20-07 B-drafts.doc City of Albertville City Council Minutes August 20, 2007 Page 4 of 11 Motion carried unanimously. ACTION ON PULLED CONSENT ITEMS Item number K Mayor Klecker inquired if the City could include language in the Animal Control Service Agreement that would require some type of tracking device be implanted in the animals. City Attorney Couri reported that language to that effect could be incorporated into the agreement. There was discussion regarding the insurance portion of the agreement to be added into the agreement. MOTION BY Mayor Klecker, seconded by Council member Wagner to table the Acceptance of the Agreement for Services for Animal Control until the September 4, 2007 Council meeting or soon thereafter amending the language to add the tracking device implant and incorporating additional insurance information pertaining to insurance. Motion carried unanimously. Check number 024660 Council wanted clarification as to what service Onvoy, Inc. is providing to the City. Finance Director Lannes reminded the Council the service Onvoy, Inc. is providing is phone and data network service for City Offices, Public Works, and the Fire Hall. This service does not include the Wastewater Treatment Plant and various park shelters. The type of service is a T-I line, which is more cost effective compared to the previous service from Sprint. MOTION BY Council member Berning, seconded by Council member Wagner to approve payment of check number 024660 in the amount of $1 ,203 .98 to Onvoy, Inc. for monthly service of a T-l phone and data network line. Motion carried unanimously. PUBLIC HEARING There were no public hearings scheduled for this meeting. DEPARTMENT BUSINESS FAMILY YOUTH COMMUNITY CONNECTIONS (FYCC) - BRIEF UPDATE ON FYCC Mayor Klecker invited Ms. Greninger to approach the podium to give a presentation on FYCC. M:\Public Data\City Council\Council Minutes\2007 Minutes\Bridget's Drafts\M 08-20-07 B-drafts.doc City of Albertville City Council Minutes August 20, 2007 Page 5 of 11 Sandra Greninger began by thanking the Council for the continued support and past donations. Greninger reported that approximately nine years ago the Wright County Family Services Collaborative had funds to assist with forming a Family Youth Community Connections service. Ms. Greninger was offered the job to head up the service within the Albertville and St. Michael area. Over the years FYCC has been able to put on various events that would promote healthy families, healthy youth and healthy communities. Ms. Greninger noted that FYCC is one part of the City of Albertville, City of St. Michael or the STMA School District. FYCC is a separate entity, but works very closely with all three ofthese entities. Ms. Greninger reviewed the many events that FYCC held over the 2006-2007 calendar year. Greninger noted that in one way or other the events touched approximately 3,500 families in the area. Greninger reported the reason for the presentation is to ask for Albertville's continued support. Over the past couple of years the amount of funding from Wright County Family Services Collaborative has been reduced. Council inquired about the amount of money coming from concessions; about the amount of time spent on scheduling baseball, softball, or soccer along with the concessions. Along with the concessions; Council asked about the amount of funding FYCC receives from the State and or County. Greninger reported that a considerable amount of time is applied towards coordinating the concession stands and scheduling of the ball games in Albertville as well as St. Michael. The amount of money coming from the concession stands is minimal. FYCC allows other non-profit organizations to run the concession stands and the profits go to the non-profit organization. Greninger informed the Council that the main Board meets four times a year; and the executive board meets on a monthly basis. PUBLIC WORKS DEPARTMENT Public Works Supervisor Guimont asked the Council if they had any questions or concerns regarding the PW Department. Council inquired about an update on the status of the growth of the reed beds. Guimont reported that Superintendent Middendorf would be able to give a better update on the progress of the reed beds than Guimont could. M:\Public Data\City Council\Council Minutes\2007 Minutes\Bridget's Drafts\M 08-20-07 B-drafts.doc City of Albertville City Council Minutes August 20, 2007 Page 6 of 11 Uodate on S7th Street NE South Sidewalk Proiect (discussion) Assistant City Engineer Nafstad informed the Council that PW Supervisor Guimont and himself met with Ms. Youngdahl to discuss the S7th Street NE south sidewalk project. Nafstad reported that Ms. Youngdahl had concerns with the increased amount of bar traffic the sidewalk would create. Nafstad noted that Ms. Youngdahl was present in the audience to express other potential concerns or address questions the Council may have. Ms. Youngdahl brought up the concern that in the future, the Council may eventually widen S7th Street NE to include a right turn lane. Should the Council decide to widen the street to incorporate a right turn lane, what happens to the sidewalk? Will the sidewalk be terminated or will it be moved further into the property to the point that it ends up next to the house. Council stated that at this time there is no consideration of expanding sih Street NE. Nafstad demonstrated the proposal to install a partial fence that will give some form of privacy for the resident. Nafstad reported that near the comer of sih Street NE and Main Avenue NE to plant some low growing plantings that is open for visibility yet discourage pedestrians from walking across the lawn. City Attorney Couri reviewed the process and confirmed the possibility that "yes" the City could condemn the property should the City consider widening sih Street NE at Main Avenue NE intersection. In order to condemn the property, the City would obtain appraisals to calculate the value being condemned. Council directed staff to continue with the sih Street NE south sidewalk project to be presented at a future meeting. Staff will work with Ms. Youngdahl to address some of the concerns such as the partial privacy fence, low growing shrubs, and possibly a couple of trees for shade. FINANCE DEPARTMENT Uodate on Albertville Laundromat Finance Director Lannes presented the findings from other cities water rates with Laundromats in comparison to the Albertville Laundromat utility bill. Staff found two cities within the area that have Laundromats. The utility fees charged were either based on commercial rates or other forms of business discounted rates. Lannes reminded the Council that Joint Powers Water Board will be meeting on Monday, August 27 to review the request from the owner of the Albertville Laundromat. Council inquired about Albertville possibly considering a commercial utility rate. M:\Public Data\City Council\Council Minutes\2007 Minutes\Bridget's Drafts\M 08-20-07 B-drafts.doc City of Albertville City Council Minutes August 20, 2007 Page 7 of 11 Lannes noted that Albertville could consider applying a commercial water utility fee, which is the smaller of the two rates. Lannes reported that Joint Powers portion is higher, because JP is the entity that runs and maintains the treatment plant. Lannes brought to the Council's attention that the owner, Mr. John Jones, was present to express concerns regarding the utility bill. Mr. Jones shared with the Council that the Laundromat opened approximately eleven years ago. At that time, the utility bills appeared to be reasonable. It wasn't until recently that the bills went up a considerable amount. Lannes reported additional information will be presented at the September 4, 2007 Council meeting, which will incorporate the outcome of the Joint Powers Water Board meeting. AODfove Resolution No. 2007-73 entitled a Resolution Acceotimr the Caoital Imorovement Plan (CIP) Finance Director Lannes asked for Council to accept the Capital Improvement Plan (CIP) that was discussed during the Budget Workshops. MOTION BY Council member Berning, seconded by Council member Fay to approve Resolution No. 2007-73 entitled a Resolution Accepting the Capital Improvement Plan (CIP) as amended, removing the I-ton truck with plow for 2008 under Vehicles and on file in the office of the City Clerk. Motion carried unanimously. BUILDING DEPARTMENT There were no items reported at the meeting and the Council had no concerns at this time. CITY CLERK AODfove a new On-Sale Wine Liauor License and On-Sale 3.2% Malt Bevera2:e Liauor License from Steohen B. Anderson. owner of Monta2:e Bistro to be located at 5262 Kvler Avenue NE- Suite 111 City Clerk Miller reported that Stephen B. Anderson has submitted an application for an On-Sale Wine Liquor License and an On-Sale 3.2% Malt Beverage Liquor License for a new restaurant known as Montage Bistro. Miller noted that the Wright County Sheriff s Department background check reported "no records". Miller informed the Council that the applicant was present in the audience to answer any other questions or concerns. M:\Public Data\City Council\Council Minutes\2007 Minutes\Bridget's Drafts\M 08-20-07 B-drafts.doc City of Albertville City Council Minutes August 20, 2007 Page 8 of 11 Mayor Klecker asked if the City could add to the approval that the owner purchase an ID scanning device. City Attorney Couri confirmed that the Council could add the purchase of an ID scanning device as a stipulation for approval. City Administrator Kruse inquired when the licenses expire and if the fees are pro-rated. City Clerk Miller reported that the license period runs from April 15 to April 15; therefore, the applicant would need to renew the license at that point. Miller confirmed that the fees are pro- rated. Council informed staff to prepare an ordinance to amend the 2005 Albertville Municipal City Code to require all liquor establishments within Albertville to purchase an ID scanning device that would be effective with the renewal of 2008-2009 Liquor License Applications. To ensure the establishments purchase the equipment would require a proof of purchase (copy of the sales receipt and installation); failure to purchase the machine would be a violation of the City Code; therefore, could result in revoking the liquor license. MOTION BY Council member Wagner, seconded by Council member Fay to approve a new On-Sale Wine Liquor License and a new On-Sale 3.2% Malt Beverage Liquor License from Stephen B. Anderson, owner of Montage Bistro to be located at 5262 Kyler Avenue NE - Suite 111, contingent upon clean record from the BCA, proof of Certificate of Insurance, payment of liquor license fees, approval by the Minnesota State Alcohol and Gambling Association, and submittal of a Buyers Card to the State of Minnesota. Motion carried unanimously. PLANNING AND ZONING AODfove Ordinance No. 2007-08 entitled an Ordinance for Text Amendment for Electronic SiQ11alle Assistant City Planner Schumacher-Georgopoulos reviewed the minor change that was incorporated in the previous version of Ordinance No. 2007-08. Council brought up the fact that the City sign displays a message then a flag flying. Council questioned where something like a flying flag would fall under the signage amendment. Schumacher-Georgopoulos confirmed the amendment to the 2005 Albertville Municipal City Code would apply to new signage within Albertville. The Albertville City sign located on the comer ofCSAH 37 and Main Avenue NE would be "grandfathered in". In other words, it would not apply to the City sign as it is constructed today. M:\Public Data\City Council\Council Minutes\2007 Minutes\Bridget's Drafts\M 08-20-07 B-drafts.doc City of Albertville City Council Minutes August 20, 2007 Page 9 of 11 Council wanted to make sure that the signs constructed will be a monochromatic message on a single color dark background. MOTION BY Council member Fay, seconded by Council member Vetsch to approve Ordinance No. 2007-08 entitled an Ordinance for Text Amendment for Electronic Signage as amended to insure the eight second rule is applied to all areas, along with the color scheme is a monochromatic message on a single color dark background that is applied towards potential messages with motion such as the City sign that imitates a flying flag, and on file in the office of the City Clerk. Motion carried unanimously. ENGINEERING AODfove Resolution No. 2007-74 entitled a Resolution Acceotinl! the Low Bid for the Phil Morris (Albertville Marketolace) Lift Station Assistant City Engineer N afstad informed the Council that staff went out to bid for the Phil Morris lift station. Three bids were submitted ranging from $141,023 to $277,625. The bidders were: Northdale Construction, Kuechle Underground, Inc., and Gridor Construction. The low hidder was from Northdale Construction in the amount of$141,032. Staff is recommending awarding the contract to Northdale Construction Co., Inc. for the construction of the Phil Morris Lift Station at a cost not to exceed $141,023. MOTION BY Council member Berning, seconded by Council member Fay to approve Resolution No. 2007-74 entitled a Resolution Accepting the Low Bid for the Phil Morris (Albertville Marketplace) Lift Station at a cost not to exceed $141,023.25. Motion carried unanimously. CSAH 19 South Assessment Cost Breakdown Assistant City Engineer N afstad reported that the City hired an appraiser to appraise various properties along the CSAH 19 corridor. The appraiser took into consideration that approximately property within the first 250 square feet abutting CSAH 19 benefited from the CSAH 19 road improvement. The portion of property located farther back did not show as high of a value or benefit from the improvement. There was debate between Council and staff as to how to break down the property value. City Attorney Couri encouraged the Council to remain with the amount that the City has obtained an appraisal value for. Should there potentially be an appeal; the appraisal value is documented in the report. M:\Public Data\City Council\Council Minutes\2007 Minutes\Bridget's Drafts\M 08-20-07 B-drafts.doc City of Albertville City Council Minutes August 20, 2007 Page 10 of 11 Nafstad proceeded to review and explain a cost summary of the CSAH 19 Improvement with the Council identifying what the cost breakdown and what portion Albertville is responsibility for. There was additional discussion between Council and staff on the cost breakdown and the calculation of Albertville's portion of responsibility. MOTION BY Council member Wagner, seconded by Council member Fay to approve Resolution No. 2007-80 entitled a Resolution amending 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 ofCSAH 19 andCSAH 18. Motion carried unanimously. LEGAL City Attorney Couri had no items to report on for the meeting. ADMINISTRATION Written Reoort City Administrator Kruse touched briefly on the written report. Kruse brought to the Council's attention that staffhas been working with Fieldstone Elementary School officials on a pedestrian plan for students to be able to walk to the new elementary school. Kruse noted that staff will be recommending installation of a four-way stop and crosswalk at the intersection of 52nd Street NE and Kahl Avenue NE. MOTION BY Council member Berning, seconded by Council member Vetsch to approve the installation of a four-way stop and crosswalks with signage at the intersection of 52n Street NE and Kahl Avenue NE, which is located within the Albert Villas development. Motion carried unanimously. Kruse informed the Council that he and Assistant City Engineer Nafstad met with Albertville Premium Outlets property engineers to discuss the dirt pile. City staff is working with the Wright County Soil and Water Department as well as the Department of Natural Resources Department (DNR) to resolve the berm situation and bring the site into compliance. Kruse reported that several concept plans are being discussed including completing the mass grading of the City owned Outlot E in the Northwest Commercial Addition. Council recommended obtaining soil borings on the City owned Outlot E in the Northwest Commercial Addition, prior to mass grading the lot with the soil from the Albertville Premium Outlets berm. M:\Public Data\City Council\Council Minutes\2007 Minutes\Bridget's Drafts\M 08-20-07 B-drafts.doc City of Albertville City Council Minutes August 20, 2007 Page 11 of 11 CLOSED SESSION TO DISCUSS PERSONNEL ISSUES Mayor Klecker closed the regular City Council meeting at 10:40 p.m. to go into a closed session to discuss personnel issues. Mayor Klecker reconvened the regular City Council meeting at 10:55 p.m. ADJOURNMENT MOTION BY Council member Wagner, seconded by Council member Berning to adjourn at 10:56 p.m. Motion carried unanimously. -P~k~ Ron Klecker, Mayor _Q;~~'ThlQ~" Bridget Mill , City Clerk M:\Public Data\City Council\Council Minutes\2007 Minutes\Bridget's Drafts\M 08-20-07 B-drafts.doc Albertville City Council August 20, 2007 Attendance Page 1 PRINT Name Address City Speak - Citizen Forum - issue or concern Jane Smith 1325 Any Street NE Albertville Item on agenda John Doe 1295 Your Street NE Annandale Cars speeding If/l/?uL//)~ .r; sr-- ~~# ~rt-tV(~'- ~I 1:::Y CG gL~~ l~ ~ II ~ M:\Public Data\City Council\2007 Public Hearing Attendance.doc