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2007-10-15 CC MinutesA�Ibcrtvillc imam Toum Lbbw an aty UF46 ALBERTVILLE CITY COUNCIL October 15, 2007 MINUTES Albertville City Hall 7:00 PM PRESENT: Mayor Ron Klecker, Council members John Vetsch, LeRoy Berning, Dan Wagner, and Tom Fay, City Attorney Mike Couri, City Planner Al Brixius, Assistant City Engineer Adam Nafstad, City Administrator Larry Kruse, Public Works Supervisor Tim Guimont, Wastewater Treatment (Utilities) Superintendent John Middendorf, 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. RECOGNITIONS/PRE SENTATIONS/INTRODUCTIONS Mayor Klecker noted there were no recognitions, presentations, or introductions for the Monday, October 15, 2007 Council meeting. MINUTES September 25, 2007 joint City of Albertville Council, City of Otsego Council, and Wright County Commissioners minutes -- September 25, 2007 Committee of the Whole Workshop minutes -- October 1, 2007 City Council minutes Mayor Klecker asked the Council if there were any changes to the September 25, 2007 joint City of Albertville Council, City of Otsego Council, and Wright County Commissioners minutes; September 25, 2007 Committee of the Whole Workshop minutes; or the October 1, 2007 City Council minutes. MOTION BY Council member Vetsch, seconded by Council member Berning to approve the Tuesday, September 25, 2007 joint City of Albertville Council, City of Otsego Council, and Wright County Commissioners minutes as presented and on file in the office of the City Clerk. Motion carried unanimously. M:\Public Data\City Council\Council Minutes\2007 Minutes\M 10-15-07 Final.doc Agenda Item No. 6.A. Meeting Date November 5, 2007 City of Albertville City Council Minutes October 15, 2007 Page 2 of 12 MOTION BY Council member Fay, seconded by Council member Vetsch to approve the Tuesday, September 25, 2007 Committee of the Whole Workshop minutes and September 17, 2007 City Council workshop minutes as presented and on file in the office of the City Clerk. Motion carried unanimously. MOTION BY Council member Berning, seconded by Mayor Klecker to approve the Monday, October 1, 2007 City Council minutes as amended and on file in the office of the City Clerk. Mayor Klecker, Council members Berning, Vetsch, and Wagner voted aye. Council member Fay abstained. Motion carried. 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. There was no one present to address the Council on an item that was not already on the agenda. AMENDMENTS TO AGENDA Mayor Klecker asked the Council members if there were any changes, additions, or removals to the Monday, October 15, 2007 City Council agenda. MOTION BY Council member Berning, seconded by Council member Wagner to approve the agenda as amended: Adding: 8.I.5. Lease Agreement for the Public Works Office Space (5964 Main Avenue) Motion carried unanimously. 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 Berning, seconded by Council member Wagner to approve the Consent Agenda items pulling 8.A.1. Accept Public Works Report, 8.A.2. Authorize staff to exercise Lano Equipment, Inc. "Bobcat Buy -Back Program" option to upgrade the 2006 Bobcat loader to a 2007 model at a cost of $1,320.67, 8.B.1. Approve Visu-Sewer Clean and Seal, Inc. Bid of $0.48 per foot to Televise Approximately 7,343 feet of Sanitary Sewer lines at an M:\Public Data\City Council\Council Minutes\2007 Minutes\M 10-15-07 Final.doc Agenda Item No. 6.A. Meeting Date November 5, 2007 City of Albertville City Council Minutes October 15, 2007 Page 3 of 12 estimated cost of $3,524.64 with funds paid out of the Sewer Fund, 8.C.1. Approve the Monday, October 15, 2007 Payment of Claims (bills), 8.C.2. Approve the 2007 Overlay Final Payment Request, 8.C.3. Approve the Release in full Contractors Properties Development Company's (CPDC) Shoppes at Towne Lakes One Addition Letter of Credit No. 061005 from $40,560 to $0.00, 8.E.1. Accept City Planner's Monthly Report, 8.F.1. Accept the Assistant City Engineer's Project Status Update, in which a separate motion will be made. Motion carried unanimously. DEPARTMENT BUSINESS PUBLIC WORKS DEPARTMENT Accept Public Works Report Council inquired how the City determines what is painted yellow and what does not get painted yellow. Public Works Supervisor Guimont reported that the City typically paints about a car length near fire hydrants and other City facilities where it would be necessary for the Fire Department to access. MOTION BY Council member Wagner, seconded by Council member Fay to accept the October 2007 Public Works Report as presented in the council packet and on file in the office of the City Clerk. Motion carried unanimously. Authorize staff to exercise Lano Equipment, Inc. "Bobcat Buy -Back Program " option to upgrade the 2006 Bobcat loader to a 2007 model at a cost of $1, 320.67 Council discussed the option to exercise the Lano Equipment, Inc. Bobcat upgrade. Council asked who calculated the depreciation and if this was the most cost effective approach to new equipment. PW Supervisor Guimont reported that he calculated the depreciation and felt this was a cost- effective approach to obtaining new equipment. Should the City decide to wait another year or two, the cost would most likely double. MOTION BY Council member Vetsch, seconded by Council member Fay to exercise Lano Equipment, Inc. "Bobcat Buy -Back Program" option to upgrade the 2006 Bobcat loader to a 2007 model at a cost of $1,320.67. Motion carried unanimously. M:\Public Data\City Council\Council Minutes\2007 Minutes\M 10-15-07 Final.doc Agenda Item No. 6.A.. Meeting Date November 5, 2007 City of Albertville City Council Minutes October 15, 2007 Page 4 of 12 UTILITIEs DEPARTMENT Approve Visu-Sewer Clean and Seal, Inc. Bid of $0.48 per foot to Televise Approximately 7, 343 feet of Sanitary Sewer lines at an estimated cost of $3, 524.64 with funds paid out of the Sewer Fund Council inquired if the area staff wants to televise had been televised in previous years? Council went on to ask if was a one-time occurrence or will it be an on -going process. Wastewater Treatment Superintendent Middendorf informed the Council that televising sections of the storm sewer lines is an annual budget item. Staff has televised sections in previous years. This is the beginning process to discover what condition the lines are in and consider the best approach to repair. Staff is focusing on Main Avenue NE as it appears to be the older section of stormwater lines. PW Supervisor Guimont shared with the Council that some of the areas being televised are scheduled for future seal coating and or overlay; therefore it is beneficial to repair the storm sewer line prior to seal coating or overlaying. MOTION BY Council member Berning, seconded by Council member Fay to approve Visu- Sewer Clean and Seal, Inc. bid of $0.48 per foot to televise approximately 7,343 feet of sanitary sewer lines at an estimated cost of $3,524.64 with funds paid out of the Sewer Fund. Motion carried unanimously. FINANCE DEPARTMENT Approve the Monday, October 15, 2007 Payment of Claims (bills) Council wanted additional information on check number 024843 made payable to Donlar Construction in the amount of $2,038.82. City Administrator Kruse and Assistant City Engineer Nafstad reported this is part of the original agreement with Donlar for the Stormwater Pond that is located on the STMA School site in St. Michael. MOTION BY Council member Beming, seconded by Mayor Klecker authorizing the payment of the claims check numbers 024833 to 024848 and 024850 to 024873, and are on file in the office of the City Clerk. Motion carried unanimously. M:\Public Data\City Council\Council Minutes\2007 Minutes\M 10-15-07 Final.doc Agenda Item No. 6.Ao Meeting Date November 5, 2007 City of Albertville City Council Minutes October 15, 2007 Page 5 of 12 Council asked for an explanation as to what and why the City received an invoice from Inspectron. City Administrator Kruse explained that the Building Official was away from the office on vacation; therefore Inspectron was contracted to conduct minimal inspections. Staff has done there best to limit the amount of time Inspectron is here. Kruse informed the Council that he even went out on a couple of footing inspections in the Building Official's absence. MOTION BY Council member Fay, seconded by Council member Vetsch authorizing the payment of the claim check number 024849 made payable to Inspectron in the amount of $2,500.00, and i on file in the office of the City Clerk. Motion carried unanimously. Approve the 2007 Overlay Final Payment Request Council asked the Assistant City Engineer if the Overlay was complete Assistant City Engineer Nafstad stated that according to staff s inspection, the overlay was acceptable to -date. Nafstad informed the Council that he had been in contact with PW staff to review the project and complete their portion. MOTION BY Council member Vetsch, seconded by Council member Fay to approve the first and final payment to Mid -MN Hot Mix, Inc., Annandale, Minnesota in the amount of $127,369.74 for the 2007 Overlay Improvement Project as recommended by the Assistant City Engineer on October 5, 2007 subject to submitting final documentation. Motion carried unanimously. Approve the Release in full the Contractors Properties Development Company's (CPDC) Shoppes at Towne Lakes One Addition Letter of Credit No. 061005 from $40, 560 to $0.00 Council wanted to make sure that the punch list items were complete prior to releasing the Letter of Credit. Assistant City Engineer Nafstad reported that to the best of his knowledge and inspection of the development, all necessary punch list items appear to meet the majority requirements of the agreement. Council then inquired about the curb -cut off of CSAH 19 at the entrance of D. Michael B's and Country Inn & Suites. Assistant City Engineer Nafstad stated the curb -cuts on CSAH 19 at the entrance of D. Michael B's and Country Inn & Suite are built to the specs. It was not anticipated the amount of traffic going in and out of the site. M:\Public Data\City Council\Council Minutes\2007 Minutes\M 10-15-07 Final.doc Agenda Item No. 6.A.. Meeting Date November 5, 2007 City of Albertville City Council Minutes October 15, 2007 Page 6of12 MOTION BY Council member Vetsch, seconded by Council member Berning to release in full Contractors Properties Development Company's (CPDC) Towne Lakes 1st Addition Letter of Credit No. 061005 from $40,560 to $0.00. Motion carried unanimously. CITY CLERK Approve application for a 3.2 One -Day Malt Liquor License for the St. Michael Lions for an annual event to be held at the St. Albert's Parish Center on Thursday, March 4, 2008 from 5:00 p. m. to 11: 00 p. m., in which the donations will be made to various community organizations or events MOTION BY Council member Berning, seconded by Council member Wagner to approve the St. Michael Lions Club 3.2 Malt Liquor application to sell on Saturday, March 4, 2008 from 3:00 p.m. to 11:00 p.m. for an event to be held at the St. Albert's Parish Center. Motion carried unanimously. Approve application for a Minnesota Lawful Gambling LG220 Application for Exempt Permit for the St. Michael Lions Club to sell Raffle Tickets in conjunction with the annual event that will be held at the St. Albert's Parish Center on Thursday, March 4, 2008 from 5: 00 p.m. to 11: 00 p. M. MOTION BY Council member Berning, seconded by Council member Wagner to approve the St. Michael Lions Club application to sell raffle tickets from December 2007 to Saturday, March 4, 2008 for an event to be held at the St. Albert's Parish Center. Motion carried unanimously. PLANNING AND ZONING Accept City Planner's Monthly Report City Planner Brixius noted that the applications for Zoning have slowed down some, yet other development that is in place continues to move along as scheduled. Brixius reported that at the request of Phil Morris, they have asked for an extension on the Site and Building Plan Review. It was scheduled for Council review at the November 5, 2007 Council meeting, which has been re -set for the November 19, 2007 meeting. M:\Public Data\City Council\Council Minutes\2007 Mlnutes\M 10-15-07 Final.doc Agenda Item No. 6.A. Meeting Date November 5, 2007 City of Albertville City Council Minutes October 15, 2007 Page 7 of 12 Council and staff, discussed the Dominium Management proposed development, which should be coming before Council at a future meeting. Council wanted to make sure the rental units were not moving towards a "Section 8" housing development. City Attorney Couri reaffirmed the Council that to the best of his recollection the developer anticipated the clientele would be in the middle to higher level of income family renters. City Planner Brixius brought to Council's attention that some of the units will be 2 and 3 bedrooms, some for disability level renters. These attached homes will be of a nicer scale home. It was brought up that there appears to be a considerable amount of foreclosures and these families or individuals are looking for this type of temporary housing until they get their finances back in order. MOTION BY Council member Vetsch, seconded by Mayor Klecker to accept the October 2007 City Planner's monthly report as presented in the October 15, 2007 Albertville City Council packet. Motion carried unanimously. ENGINEERING Accept the Assistant City Engineer's Project Status Update Assistant City Engineer Nafstad gave a brief overview of the report that was included in the October 15, 2007 council packet. Nafstad asked if the Council had any questions or concerns. Council inquired about the 57th Street NE sidewalk project. Assistant City Engineer Nafstad reported the project is underway, but is slow due to the recent rain. MOTION BY Council member Vetsch, seconded by Mayor Klecker to accept the Assistant City Engineer's Project Status Update as presented in the October 15, 2007 Albertville City Council packet. Motion carried unanimously. Council then brought up the CSAH 19 South Improvement Project and the residents on the corner of CSAH 18 and 19. City Administrator Kruse informed the Council that the Building Official was out on inspections when he witnessed the Raines leaving their residence. The Building Official described it as a safety hazard as the homeowner slowed or stopped traffic to allow him or her to merge. Staff stated they will give an update at the next Council meeting. M:\Public Data\City Council\Council Minutes\2007 Minutes\M 10-15-07 Final.doc Agenda Item No. 6.A. Meeting Date November 5, 2007 City of Albertville City Council Minutes October 15, 2007 Page 8 of 12 MOTION BY Council member Vetsch, seconded by Mayor Klecker authorizing City Administrator Kruse to carry the request to the Wright County Highway Department to allow a driveway access off of CSAH 18 (Jason Avenue NE) for Mr. and Mrs. Raines, since the CSAH 19 Improvement has caused a safety concern regarding access to their property. Motion carried unanimously. LEGAL Approve the Knechtl Purchase Agreement authorizing acquisition of a 48,106 square foot parcel of land for I-94 Right -of -Way from Dr. Gerhard Knechtl of Vienna, Austria in the amount of $625, 378; $22,150 for billboard relocation and other terms as noted in the Purchase Agreement on file in the Office of the City Clerk City Attorney Couri gave a brief history of the Knechtl purchase agreement, which has been in the process for a couple of years that included language dealing with the billboard re -location. Staff heard that Mr. Knechtl had a proposed billboard company to re -locate the billboard sign. Apparently the proposed billboard agreement fell through and basically the City's purchase agreement is back to "square -one". MOTION BY Council member Berning, seconded by Council member Wagner to approve the Knechtl Purchase Agreement authorizing acquisition of a 48,106 square foot parcel of land for I- 94 Right -of -Way from Dr. Gerhard Knechtl of Vienna, Austria in the amount of $625,378; $22,150 for billboard relocation and other terms as noted in the Purchase Agreement on file in the Office of the City Clerk. Mayor Klecker, Council members Berning, Wagner, and Fay voted aye. Council member Vetsch voted nay. Motion carried. COUNCIL Discussion on Ordinance No. 2007-11 entitled an Ordinance Amending Title 4 Section 4-2-5 Relating to Coin Operated Amusement Devices, which was passed at the September 4, 2007 Council meeting City Attorney Couri began by stating the ordinance most likely dates back to the late 1980s. Couri could not recall what the original fee was at that time. City Planner Brixius added that the ordinance may have been put into place when arcades became more popular. At that time, is when the ordinance was put in place to monitor the establishments due to the juveniles that would hang-out at the arcades. Council directed City Clerk Miller to research the ordinance and what other communities are charging, then present to Council at the November 5, 2007 Council meeting. M:\Public Data\City Council\Council Minutes\2007 Minutes\M 10-15-07 Final.doc Agenda Item No. 6.A. Meeting Date November 5, 2007 City of Albertville City Council Minutes October 15, 2007 Page 9 of 12 ADMINISTRATION Accept the Quote to be announced at the October 15, 2007 Council meeting in the amount of $ to be announced to construct the City Hall South Parking Lot City Administrator Kruse asked Assistant City Engineer Nafstad to present the bid results. Assistant City Engineer Nafstad reported that he solicited for quotes from three companies and received two quotes, which one was a combination of two of the companies. Imholte Concrete Construction Inc. gave a quote of $40,917.90 for the construction of the City Hall South Parking lot. Dennis Fehn Gravel & Excavating Inc. submitted a quote of $43,944.50 for the construction of the City Hall South Parking lot. City Attorney Couri reported that staff prepared a QuitClaim Deed for Jamie and Krista Stevens to review. Staff is allowing Mr. Stevens time to consider the Deed before signing over the property. Council commented that the agreement only allows for a 10-year time frame for maintaining the parking lot. Council suggested amending the time to 20-years. Council inquired if it would be a public parking lot or private? Council was concerned with overnight parking. Staff responded stating it would be considered a public parking lot, because it would be considered part of the City Hall overflow parking. Council did not see the need for a sidewalk that went from the parking lot to the back entrance; therefore recommended removing it. Since the sidewalk would be removed, Council suggested placing the handicap parking stall to be located closer to Main Avenue NE. MOTION BY Council member Berning, seconded by Council member Vetsch to accept the Quote from Imholte Concrete Construction Inc. in the amount of $40,917.90 to construct the City Hall South Parking Lot contingent upon the City receiving a QuitClaim Deed Agreement with Jamie and Krista Stevens and the City will maintain the parking lot for a minimum of 20- years or the land converts back to Jamie and Krista Stevens. Motion carried unanimously. Accept the Assistant City Engineer's Update on the Stormwater Pond Berm Construction Bid Assistant City Engineer Nafstad reported he solicited for quotes for the stormwater pond inlet drainage way. City Attorney Couri recommended staff obtaining a second quote for legal aspects. M:\Public Data\City Council\Council Minutes\2007 Minutes\M 10-15-07 Final.doc Agenda Item No. 6.A.. Meeting Date November 5, 2007 City of Albertville City Council Minutes October 15, 2007 Page 10 of 12 MOTION BY Council member Berning, seconded by Council member Fay to award a Construction Contract to Frattalone Companies for construction of the Albert Villas Pond Inlet, Drainage Way and Berm Project in the amount not to exceed $12,000, and directing staff to obtain a second quote. Motion carried unanimously. Approve the Release in full the Contractors Properties Development Company's (CPDC) Towne Lakes 3rd Addition Letter of Credit No. 061005-1 from $57, 900 to $0.00 *Approve to Reduce the Contractors Properties Development Company's (CPDC) Towne Lakes 5rh Addition Letter of Credit No. 060913 from $113, 307 to $56, 650 MOTION BY Council member Berning, seconded by Council member Wagner to Approve the Release in full Contractors Properties Development Company's (CPDC) Towne Lakes 3rd Addition Letter of Credit No. 061005-1 from $57,900 to $0.00 and Approve to Reduce the Contractors Properties Development Company's (CPDC) Towne Lakes 5th Addition Letter of Credit No. 060913 from $113,307 to $56,650, which are on file in the office of the City Clerk. Motion carried unanimously. Lease Agreement of the Public Works Facility located at 5964 Main Avenue NE City Administrator Kruse informed the Council that Ashley and Josh Perisian dba Liv Music are interested in leasing the PW Facility located across the street from City Hall. This would be a month -to -month lease agreement. The City would be responsible for cleaning the carpet, replacing a few broken ceiling tiles and having the furnace inspected. The Lessee would like the City to waive the $500 per month rent for November and December to allow the Perisians time to paint and get the building ready for occupancy. MOTION BY Council member Fay, seconded by Mayor Klecker to authorize staff to negotiate and execute a lease of the former Public Works Building office space to Ashley and Josh Perisian dba Liv Music, for a music store/studio in the $500 per month net or $1,000 per month gross range with the Perisians, just paying the variable costs during November and December 2007. Upon executing a lease, the City will have the carpets cleaned, furnace serviced and a few ceiling tiles installed. Lessee is permitted to paint and make cosmetic improvements to the interior and install a sign on the front as per 2005 Albertville Municipal City Code. Motion carried unanimously. CITIZENS OPEN FORUM - (continued if necessary) There were no citizens present. M:\Public Data\City Council\Council Minutes\2007 Minutes\M 10-15-07 Final.doc Agenda Item No. 6.A. Meeting Date November 5, 2007 City of Albertville City Council Minutes October 15, 2007 Page 11 of 12 ANNOUNCEMENTS and or UPCOMING MEETINGS October 22 6:00 p.m. Joint Powers Water Board meeting 22 7:00 p.m. City Council Workshop to discuss fees 29 7:00 p.m. Jt. Albertville City Council, St. Michael City Council and STMA School Board meeting November 4 2:00 a.m. Daylight Savings — set your clock back 1-hour 5 7:00 p.m. City Council meeting 12 all day City Offices closed in observation of Veteran's Day 13 6:00 p.m. STMA Ice Arena Board meeting 13 7:00 p.m. Planning and Zoning Commission meeting 13 7:30 p.m. Parks and Recreation Committee meeting 19 7:00 p.m. City Council meeting 19 7:00 p.m. Lachman Avenue NE Special Assessment Hearing 22 all day City Offices closed in observation of Thanksgiving Day 23 all day City Offices closed in observation of Thanksgiving Day 26 6:00 p.m. Joint Water Board meeting 26 7:00 p.m. Council Workshop (if necessary) Council member Berning wanted to add to the October 22, 2007 Council Workshop or Committee of the Whole meeting the discussion of Performance Reviews, Building Department Budget and Expenses year-to-date. CLOSED SESSION (Update on Gold Key - Prairie Run Litigation) MOTION BY Council member Vetsch, seconded by Council member Wagner to close the regular City Council meeting at 8:55 p.m. to discuss the litigation between the City of Albertville and Gold Key Development and TC Homes. Motion carried unanimously. MOTION BY Council member Berning, seconded by Council member Wagner to reconvene the regular City Council meeting at 9:08 p.m. after receiving an update regarding the litigation between the City of Albertville and Gold Key Development and TC Homes. Motion carried unanimously. M:\Public Data\City Council\Council Minutes\2007 Minutes\M 10-15-07 Final.doc Agenda Item No. 6.A. Meeting Date November 5, 2007 City of Albertville City Council Minutes October 15, 2007 Page 12 of 12 MOTION BY Council member Berning, seconded by Council member Wagner to adjourn the regular October 15, 2007 City Council meeting at 9:09 p.m. Motion carried unanimously. M:\Public Data\City Council\Council Minutes\2007 Minutes\Bridget's Drafts\M 10-15-07 B-drafts.doc Agenda Item No. 6.A. Meeting Date November 5, 2007 14 City of Albertville City Council Minutes October 15, 2007 Page 12 of 12 ADJOURNMENT OF THE REGULAR COUNCIL MEETING TO A COMMITTEE MEETING OF THE WHOLE (five minute recess) MOTION BY Council member Berning, seconded by Council member Wagner to adjourn the regular October 15, 2007 City Council meeting at 9:09 p.m. Motion carried unanimously. Ron Klecker, Mayor �61 "�� Bridget Mille , City Clerk M:\Public Data\City Council\Council Minutes\2007 Minutes\M 10-15-07 Final.doc Agenda Item No. 6.A. Meeting Date November 5, 2007 Albertville City Council October 15, 2007 Attendance Page 1 PRINT Name Address City Complete a "Request to Speak" card if you want to speak to the council regarding an item that is not on the agenda Jane Smith 1325 Any Street NE Albertville No - item on agenda John Doe 1295 Your Street NE Annandale Yes- cars speeding MAPublic Data\City Council\2007 Public Hearing Attendance.doc