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2007-09-04 CC Minutes ~ A!~~!'!UL€ ALBERTVILLE CITY COUNCIL Tuesday, September 4,2007 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, Assistant City Attorney Kristen Carr, City Administrator Larry Kruse, Finance Director Tina Lannes, and City Clerk Bridget Miller ABSENT: City Attorney Mike Couri 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: 7.A. Bid Results presented by Otsego City Administrator Mike Robertson for 70th Street NE Improvement Motion carried unanimously. MINUTES MOTION BY Council member Wagner, seconded by Council member Berning to approve the Monday, August 20,2007 regular Albertville City Council minutes as presented, and on file in the office of the City Clerk. Motion carried unanimously. CITIZEN FORUM Mayor Klecker asked the City Clerk if there was anyone present that wanted to speak to the Council regarding an issue that was not on the agenda. David Hilleren of 10168 - 53rd Street NE spoke to the Council regarding the Cedar Creek Golf Course having outdoor music. Mr. Hilleren asked if the golf course owner had applied for an Outdoor Music Permit. The reason is that there have been a number of occasions this summer when you could hear music playing until about 1 :00 a.m. Mr. Hilleren drove to the golf course on one instance to investigate exactly where the sound was coming from. M:\Public Data\City Counci1\Council Minutes\2007 Minutes\Bridget's Drafts\M 09-04-07 B-drafts.doc City of Albertville City Council Minutes September 4,2007 Page 2 of 10 City Clerk Miller stated that no Outdoor Music Permits have been issued this year to the Cedar Creek Golf Course. City Administrator Kruse noted that staff would research the City Code pertaining to outdoor music and bring it to the owner's attention what the ordinances allow for outdoor noise. * CONSENT AGENDA All items with an asterisk (*) are considered to be routine by the City Staff and will be enacted by one motion. There will be no separate discussion of these items unless a Council member so requests. In such event, the item will be removed from the General Order of Business and considered in its normal sequence on the agenda. MOTION BY Council member Fay, seconded by Council member Wagner to approve the Consent Agenda items with additional discussion on check number 024692, and Resolution No. 2007-88 entitled a Resolution Authorizing Staff to Prepare a Flood Plain Ordinance and Subject to its Approval Submit an Application to the Federal Emergency Management Agency (FEMA) for Inclusion in the National Flood Insurance Program, in which a separate motion for approval will be made, and on file in the office of the City Clerk. Motion carried unanimously. MAYOR AND COUNCIL REPORTS/APPOINTMENTS 70TH STREET NE IMPROVEMENT Otsego City Administrator Robertson presented the bid results to the Albertville City Administrator, City Clerk, and Assistant City Engineer for review. Robertson reported that these are Preliminary Bids that were opened today. Otsego staffhas not had time to fully review, but wanted to notify Albertville Council in a timely manner so that the project would not be delayed. According to the bid results, Knife River is the low bidder with a bid of $31 0,483.59 for the 70th Street NE Improvements from CSAH 19 to MacIver Avenue NE. MOTION BY Council member Fay, seconded by Council member Berning to accept the low bid from Knife River in the amount of$31O,483.59 contingent on the review and approval from the Albertville City Engineer; therefore approve Resolution No. 2007-91 entitled a Resolution Accepting Low Bid presented by the City of Otsego for 70th Street NE Improvement in the amount of$310,483.59. Motion carried unanimously. M:\Public Data\City Council\Council Minutes\2007 Minutes\Bridget's Drafts\M 09-04-07 B-drafts.doc City of Albertville City Council Minutes September 4, 2007 Page 3 of 10 CSAH19S0UTHIMPROVEMENTPROJECT ApPROVE RESOLUTION No. 2007-79 ENTITLED A RESOLUTION ADOPTING THE ASSESSMENT ROLL IN THE AMOUNT OF $827,912.28 Assistant City Engineer Nafstad reported that following the CSAH 19 Assessment hearing, Council directed staffto re-evaluate parcels 3, 14, and 27. Staff was directed to explore what the assessment amounts would be if Council reduced the Tiers. Nafstad reviewed Parcel Number 27, informing the Council that staff originally classified the parcel as a Tier 2. Following the assessment hearing held on Monday, August 27 staff reviewed the possibility to reduce the parcel from a Tier 2 to a Tier 3. In addition to reducing Parcel No. 27 from a Tier 2 to a Tier 3, Council directed staffto reduce the assessment amount approximately 50% ofthe total Project Cost. Nafstad reported that staff has prepared two Options for Council's approval for the CSAH 19 Assessment. In Option 1, the only change is Parcel No. 27 with a proposed Assessment amount of$I,061,426. In Option 2, the five tiers have been reduced about 22% bringing the assessment amount down to $827,912.28. 1';J"afstad noted that Parcel No. 13 has a 67-foot strip that is zoned R-l Residential. At the time of platting the Heuring Meadows Addition, the applicant asked to re-zone the 67-foot strip to commercial. The request was not approved. City Planner Brixius informed the Council that the zoning for the property was established in the 1990s. At that time, the thought was in place that CSAH 19 would be commercial. It was discussed to allow for a 500-foot strip to be designated for commercial along the CSAH 19 corridor. The 500-foot strip seemed to be a reasonable amount at that time. Assistant City Attorney Carr reiterated that Parcels 14 and 3 are comparable to Parcels 9, 10, and 13, in which it appears to be pre-determined how they could potentially be developed. Council member Wagner inquired about Parcel No. 13 and what the setbacks would be if the 67- foot strip was not re-zoned. City Planner Brixius informed the Council what the setbacks would be for the development layout demonstrating that it would be difficult to develop as residential to meet the setback requirements. Council then asked how much it would cost in dollars and time to rezone. City Planner Brixius stated that it would take approximately two months to approve, and it would require approval from the Planning and Zoning Commission. It would be presented the following month for Council approval. M:\Public Data\City Council\Council Minutes\2007 Minutes\Bridget's Drafts\M 09-04-07 B-drafts.doc City of Albertville City Council Minutes September 4, 2007 Page 4 of 10 Council member Berning suggested that the City initiate re-zoning the 67-foot strip on Parcel No. 13. There was discussion amongst the Council members as to what percentage the City should pay towards the CSAH 19 South Improvement. Some Council members suggested that the City pay 45% and the property owners pay 55%. The majority of Council members agreed that it should be 50% City and 50% property owners. MOTION BY Council member Vetsch, seconded by Council member Fay to approve Resolution No. 2007-79 entitled a Resolution Adopting the Assessment Roll as amended going with Option No.2 in the amount to be assessed of$827,912.28 that was presented to the City Clerk during the meeting, and will be on file in the office of the City Clerk. Motion carried unanimously. City Administrator Kruse asked the Council for a motion to begin the process of re-zoning the 67-foot strip on Parcel No. 13, PID No. 101-079-000010, legal description Outlot A -Heuring Meadows. MOTION BY Council member Wagner, seconded by Council member Berning to direct staff to prepare the appropriate procedure to re-zone the west 67-foot strip of Parcel No. 13, PID No. 101-079-000010, legal description Outlot A - Heuring Meadows, from R-IA Low Density Residential Single-Family to B-3 Limited Business District. Motion carried unanimously. PUBLIC HEARINGS There were no public hearings set for the September 4, 2007 regular City Council meeting. DEPARTMENT BUSINESS BUILDING DEPARTMENT Building Official Sutherland had no items for Council consideration. PUBLIC WORKS DEPARTMENT Public Works and Parks Maintenance Public Works Supervisor Guimont presented no items for discussion during the meeting. Council member Wagner brought up what the rules or regulations were regarding mowing the boulevards. It appeared that someone was mowing the grass in the Prairie Run boulevard and the grass clippings were blowing into the streets. Council directed staff to review the ordinance and do their best to enforce. M:\Public Data\City Council\Council Minutes\2007 Minutes\Bridget's Drafts\M 09-04-07 B-drafts.doc City of Albertville City Council Minutes September 4, 2007 Page 5 of 10 Wastewater Treatment Plant Wastewater Treatment Plant Superintendent Middendorf did not have any items to report on to the Council. FINANCE DEPARTMENT *Approve Resolution No. 2007-83 entitled a Resolution Authorizing the Payment of Claims Check Numbers 024681 to 024724 as Presented Except the Bills Specifically Pulled, which are passed by separate motion *Approve Resolution No. 2007-60 entitled a Resolution Setting the Stormwater Utility Rates *Accept Accounts Receivable Update and Capital Project Status Report MOTION BY Council member Fay, seconded by Council member Wagner to approve Resolution No. 2007-83 entitled a Resolution Authorizing the Payment of Claims Check Numbers 024681 to 024724 as Presented Except the bills Specifically Pulled, which are passed by separate motion, in which case the Council conducted additional discussion on check number 024692, in which a separate motion for approval will be made, and Resolution No. 2007-60 entitled a Resolution Setting the Stormwater Utility Rates (see Resolution for rates set), in which a separate motion was made to amend the fee, and accept the Accounts Receivable Update and Capital Project Status Report and on file in the office of the City Clerk. Motion carried unanimously. Council inquired about check number 024692. Staff reported that there were four (4) LED traffic bulbs replaced, plus additional maintenance to the traffic signal on CSAH 19 at the Albertville Premium Outlets entrance. The City is responsible for the maintenance of traffic signals within the city limits. MOTION BY Council member Berning, seconded by Mayor Klecker to approve check no. 024692 payable to Design Electric in the amount of $977.02 for maintenance and repair to a traffic signal located on CSAH 19 at the entrance of the Albertville Premium Outlets, which was pulled from the consent agenda, and on file in the office of the City Clerk. Motion carried unanimously. Approve Resolution No. 2007-60 entitled a Resolution Setting the Stormwater Utility Rates Finance Director Lannes stated that Resolution No. 2007-60 was approved by the Council under the Consent Agenda. Lannes wanted to clarify what Option the Council was approving. M:\Public Data\City Council\Council Minutes\2007 Minutes\Bridget's Drafts\M 09-04-07 B-drafts.doc City of Albertville City Council Minutes September 4,2007 Page 6 of 10 MOTION BY Council member Berning, seconded by Council member Wagner approved Resolution No. 2007-60 entitled a Resolution Setting the Stormwater Utility Rates Option No.2 without the 2008 rates as follows: Stormwater 1 Residential Stormwater 2 Residential Stormwater 3 Residential Non-residential impervious 0-5% Non-residential impervious 6-35% Non-residential impervious 36-65% Non-residential impervious 66-100% $7.00 flat fee (increase of $3.00) $9.73 flat fee (increase of $4.17) $17.50 flat fee (increase of $7.50) $11.01 per acre (increase of$4.72) $20.74 per acre (increase of$8.89) $29.16 per acre (increase of$12.50) $52.47 per acre (increase of $22.49) and on file in the office of the City Clerk. Motion carried unanimously. In August 2008, Council will re-evaluate the proposed Stormwater Utility Rates. Approve Resolution No. 2007-84 entitled a Resolution Authorizing a Reduction in the Albertville Laundromat Utility Bill , Finance Director Lannes reported that the Joint Powers Water Board sympathized with the Laundromat owner's situation and felt the water board is already waiving as much as $50,000 in water fees over the years. The board wants to be as fair as possible and required that staff go back one-year for the Joint Powers portion, allowing the customer up to two full years (24- months) to pay the outstanding bill without penalties or interest. Staff recommended that the City allow a similar plan that Joint Powers set, by allowing the customer the ability to pay-off the outstanding bill over a two-year time span without penalties and interest. Council wanted clarification which party the agreement is between. Is it between the City and the Laundromat owner? Is the agreement between the City and Mike Savitski? Is the agreement between Mike Savitski and the Laundromat owner? City Administrator Kruse reported it would be an agreement between the City and the Laundromat owner. Kruse went on to inform the Council that a copy of the utility bill is sent to Mr. Savitski; therefore, the City has done their best to notify the property owner of the situation. Council suggested amending the time frame from 24-months to 30-months. MOTION BY Council member Vetsch, seconded by Council member Wagner to approve Resolution No. 2007-84 entitled a Resolution Setting the Amount of Utility Bill to Collect from CJ's Laundromat, M & J Commercial Properties, LLC Parcel ID No. 101-033-002020 in the amount of$23,457.61, in which City Staffis hereby directed to prepare an agreement allowing for payment of the $23,457.61 over a two and one half year period without penalty or interest. If staff is not able to get an agreement signed by October 1, 2007, staff will bring this M:\Public Data\City Council\Council Minutes\2007 Minutes\Bridget's Drafts\M 09-04-07 B-drafts.doc City of Albertville City Council Minutes September 4, 2007 Page 7 of 10 account forward in October/November for a public hearing to certify the outstanding balance against the respective property and on file in the office of the City Clerk. Motion carried unanimously. CITY CLERK There were no licenses or bonds for review or consideration at the meeting. PLANNING AND ZONING *Approve Resolution No. 2007-81 entitled a Resolution Approving a Conditional Use Permit (CUP) for DJ's Heating and Air Conditioning, Inc. located at 6060 LaBeaux Avenue NE within the City of Albertville *Approve Resolution No. 2007-88 entitled a Resolution Authorizing StajJto Prepare a Flood Plain Ordinance and Subject to its Approval Submit an Application to the Federal Emergency Management Agency (FEMA) for Inclusion in the National Flood Insurance Program *Approve Ordinance No. 2007-11 entitled an Ordinance Amending Title 4 Section 4-2-5 f!.-elating to Coin Operated Amusement Devices MOTION BY Council member Fay, seconded by Council member Wagner to approve Resolution No. 2007-81 entitled a Resolution Approving a Conditional Use Permit (CUP) for DJ's Heating and Air Conditioning, Inc. located at 6060 LaBeaux Ave NE within the City of Albertville, and Ordinance No. 2007-11 entitled an Ordinance Amending Title 4 Section 4-2-5 Relating to Coin Operated Amusement Devices, and pulling Resolution No. 2007-88 entitled a Resolution Authorizing Staff to Prepare a Flood Plain Ordinance and Subject to its Approval Submit an Application to the Federal Emergency Management Agency (FEMA) for Inclusion in the National Flood Insurance Program, in which Council request additional information and a separate motion will be made, and on file in the office of the City Clerk. Motion carried unanimously. Approve Resolution No. 2007-88 entitled a Resolution Authorizing Staffto Prepare a Flood Plain Ordinance and Subiect to its Approval, Submit an Application to the Federal Emergency Management Agency (FEMA) for Inclusion in the National Flood Insurance Program City Planner Brixius reported that historically, Albertville has had some flooding issues over the past several years. There was an instance in 2003 and another in 2005, which caused damage to property. Brixius noted that the previous City Engineer and the current Assistant City Engineer have reviewed a good portion of Albertville to make a recommendation of what areas would be affected. Participation in the Federal National Flood Insurance Program requires adoption and enforcement of a Flood Plain Ordinance. M:\Public Data\City Council\Council Minutes\2007 Minutes\Bridget's Drafts\M 09-04-07 B-drafts.doc City of Albertville City Council Minutes September 4, 2007 Page 8 of 10 City Administrator Kruse informed the Council that Wright County will be updating the flood plain maps in the next couple of years; therefore, now may be the opportune time for Albertville to participate in the program. The neighboring communities of St. Michael and Otsego currently participate in the FEMA program. Council members listened to staff proposal to participate and have Albertville become a member of the FEMA Program. However, Council was hesitant to approve the ordinance to proceed with the application. Council encouraged staff to conduct additional research and what could potentially happen should the Council approve the ordinance. Staffs replied by stating they would conduct additional research and report the findings at a future meeting for Council's review and approval. MOTION BY Council member Wagner, seconded by Council member Fay to TABLE the discussion on Resolution No. 2007-xx entitled a Resolution Authorizing Staffto Prepare a Flood Plain Ordinance and Subject to its Approval, Submit an Application to the Federal Emergency Management Agency (FEMA) for Inclusion in the National Flood Insurance Program, and on file in the office of the City Clerk. Council directed staff to conduct additional research on the FEMA program and report back to the Council at a future meeting, at which time Council will decide whether to not approve or approve participation in the FEMA Program. Motion carried unanimously. Accept City Planners Project Status Update City Planner Brixius reviewed the monthly project status update bringing to Council's attention potential items coming forward in the planning phases. Brixius reported that Albertville Marketplace has submitted a Site and Building Plan Review, which will be on the September Planning Commission agenda. ENGINEERING *Approve Resolution No. 2007-85 entitled a Resolution Approving the Request from Rottlund Company to Reduce the Towne Lakes lh Addition Letter of Credit from $30,000 to $4,500 *Approve Resolution No. 2007-86 entitled Resolution Approving the Request from the Albertville- Sf. Michael Medical Clinic to Reduce the Letter of Credit Number 530013 from $270,500 to $14,500 MOTION BY Council member Fay, seconded by Council member Wagner to approve Resolution No. 2007-85 entitled a Resolution Accepting the Request from Rottlund Company to Reduce the Towne Lakes 4th Addition Letter of Credit from $30,000 to $4,500 and Resolution No. 2007-86 entitled a Resolution Approving the Request from the Albertville-St. Michael Medical Clinic to Reduce the Letter of Credit Number 530013 from $270,500 to $14,500 and on file in the office of the City Clerk. Motion carried unanimously. M:\Public Data\City Council\Council Minutes\2007 Minutes\Bridget's Drafts\M 09-04-07 B-drafts.doc City of Albertville City Council Minutes September 4, 2007 Page 9 of 10 Accept the Assistant City Engineer's Project Status Update Assistant City Engineer Nafstad asked the Council if they had any questions or concerns regarding his Project Status Update. Nafstad noted that the 2007 Overlay Project is near completion. LEGAL Approve Resolution No. 2007-87 entitled a Resolution Authorizing Gold Key's Request for Reduction in Letters of Credit for the Prairie Run Development; Reducing the $680,337 Letter of Credit to $217,469.37 and Reducing the $53,000 Letter of Credit to $34,000 Assistant City Attorney Carr reviewed the background of the Prairie Run (Gold Key) various letters of credit. Carr stated that in light ofthe recent ruling in the litigation, and upon Iverson Reuvers, staff is recommending a reduction in the letters of credit that have been submitted. MOTION BY Council member Vetsch, seconded by Council member Fay to approve Resolution No. 2007-87 entitled a Resolution Authorizing Gold Key's Request for Reduction in Letters of Credit for the Prairie Run Development; Reducing the $680,337 Letter of Credit to $217,469.37 and Reducing the $53,000 Letter of Credit to $34,000, and on file in the office of the City Clerk. Motion carried unanimously. Accept the City Attorney's Update Assistant City Attorney Carr inquired ifthe Council had any items from the Attorney's Update they wished to discuss in further detail. Council directed staff to check out Karston Cove 3 rd Addition to make sure the appropriate plans are in place. Council noted there is the potential of another entity taking over the Karston Cove 3rd Addition, and Council wanted to have staff review the site prior to the change in owners. FIRE DEPARTMENT *Approve Resolution No. 2007-82 entitled a Resolution Amending the Annual Retirement Benefit for the Albertville Volunteer Fire Department from $1,600 to $1,700 Effective January 1, 2008 MOTION BY Council member Fay, seconded by Council member Wagner to approve Resolution No. 2007-82 entitled a Resolution Amending the Annual Retirement Benefit for the Albertville Volunteer Fire Department from $1,600 to $1,700 Effective January 1,2008 and on file in the office of the City Clerk. Motion carried unanimously. M:\Public Data\City Council\Council Minutes\2007 Minutes\Bridget's Drafts\M 09-04-07 B-drafts.doc City of Albertville City Council Minutes September 4, 2007 Page 10 of 10 ADMINISTRA nON Accept the City Administrator's Written Report City Administrator Kruse briefly reviewed the written report touching on the Albertville Premium Outlets' pile of dirt. Kruse informed the Council staff continues to bring closure to the removal of the dirt. Council asked about the City's reader board signage on the comer of Main Avenue NE and CSAH 37 wondering if the downtown area has been invited to advertise. Staff reported that a letter went out and did not receive any response. Council directed staff to open the opportunity to other business establishments within the Albertville city limits amending the lease to a one-year limit, informing the business establishments that a future downtown business would have priority over others. ANNOUNCEMENTS September 10 6:00 p.m. 10 7:30 p.m. 11 7:00 p.m. 17 7:00p.m. 24 6:00 p.m. 24 7:00 p.m. 25 7:00 p.m. STMA Ice Arena Board meeting Parks and Recreation Committee meeting Planning and Zoning Commission meeting City Council meeting Joint Water Board meeting Council Workshop (if necessary) Joint Albertville Council & Otsego Council meeting ADJOURNMENT MOTION BY Council member Berning, seconded by Council member Wagner to adjourn the September 4, 2007 regular Council meeting at 9:00 p.m. Motion carried unanimously. Q~K~~~~ Ron Klecker, Mayor ~~,~~~ Bridget Mil er, City Clerk M:\Public Data\City Council\Council Minutes\2007 Minutes\Bridget's Drafts\M 09-04-07 B-drafts.doc Albertville City Council September 4, 2007 Public Attendance Record Page 1 PRINT Name 0 Jane Doe 1 2 3 4 5 D^-v. 6 /VJ }~ lc~ 7 8 9 10 11 12 13 14 15 16 17 Address 1325 Any Street N E d:t~ !jr-f'if G 5--"/ f"~ ///36 54'17 L ~gr<.cAlJ'" ~ NE ) Q I ,~ .; ~,.. J sf}.) e. ,051 M:\Public Data\City Council\2007 Public Hearing Special Attendance.doc Speak on the Issue yes Y<S ;Ju