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2007-11-05 CC MinutesA\1bertVille Smog Town Uwbw ft .. ALBERTVILLE CITY COUNCIL November 5, 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, Finance Director Tina Lannes, 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/PRESENTATIONS/INTRODUCTIONS Mayor Klecker noted there were no recognitions, presentations, or introductions for the Monday, October 15, 2007 Council meeting. MINUTES October 15, 2007 regular City Council minutes -- October 15, 2007 Committee of the Whole Workshop minutes -- October 22, 2007 Committee of the Whole Workshop minutes Mayor Klecker asked the Council if there were any changes to the October 15, 2007 regular City Council minutes; October 15, 2007 Committee of the Whole Workshop minutes or October 22, 2007 Committee of the Whole Workshop minutes. MOTION BY Council member Berning, seconded by Council member Wagner to approve the Monday, October 15, 2007 regular City Council 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 11-05-07 Final.doc Agenda Item No. 6.A. Meeting Date November 5, 2007 City of Albertville City Council Minutes November 5, 2007 Page 2 of 17 MOTION BY Council member Fay, seconded by Council member Berning to approve the Monday, October 15, 2007 Committee of the Whole Workshop 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, October 22, 2007 Committee of the Whole Workshop minutes as amended 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. 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, November 5, 2007 City Council agenda. MOTION BY Council member Wagner, seconded by Council member Berning to approve the agenda as presented and on file in the office of the City Clerk. 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 Fay, seconded by Council member Berning to approve the Consent Agenda items pulling 8.C.1. Approve the Monday, November 5, 2007 Payment of Claims (bills) for check numbers 024883 to 024947; 8.C.4. Approve Resolution No. 2007-1.06 entitled a Resolution Certifying Uncollected Utility Bills and Outstanding Invoices to Wright County for Collection with Real Estate Taxes, 8.C.9. Revisit - Mike Savitski and CJ's Laundry, 11135 61st Street NE, Suite A, Albertville, Minnesota, in which case a separate motion will be made. Motion carried unanimously. M:\Public Data\City Council\Council Minutes\2007 Minutes\M 11-05-07 Final.doc Agenda Item No. 6.A.. Meeting Date November 19, 2007 City of Albertville City Council Minutes November 5, 2007 Page 3 of 17 DEPARTMENT BUSINESS PUBLIC WORKS DEPARTMENT Accept Public Works (Parks) Monthly Update Public Works Supervisor Guimont asked the Council if they had any questions or concerns regarding the monthly update that was included in the Council packet. PW Supervisor Guimont reported there was some recent vandalism at the Central -City Park, which staff contacted the Wright County Sheriff's department to report the damages. Following the vandalism, staff found the violators who will be doing some community service and paying for the repair(s). Council accepted the Public Works (Parks) Monthly Update dated October 26, 2007 as presented in the Council packet and on file in the office of the City Clerk. Motion carried unanimously. UTILITIES DEPARTMENT Accept the Monthly Utilities (WWTF) Status Update Utility Superintendent (WWTF) Middendorf asked the Council members if they had any concerns with the status update. Council inquired how many commercial -businesses within Albertville have been switched over to radio read. US Middendorf did not know the exact amount that have been converted to radio read, but could research to report back to the Council at a future meeting. Council asked if staff could make it a higher priority to change the remaining commercial - businesses within Albertville from the owner reading the meter to radio read. US Middendorf reported it would not be a problem to make it a higher priority to change the remaining commercial -businesses within Albertville to radio read. However, it may take some time to accomplish the request, because it was not tracked what size meter was installed within the commercial -business facility. This means it may require a couple visits; one visit to find out the meter size and one visit to install the new meter with the radio read capability. Staff wanted to make sure the Council understood the process can be accomplished, but will require additional time to implement. Mayor Klecker brought up the Reed Beds and the winter process. M:\Public Data\City Council\Council Minutes\2007 Minutes\M 11-05-07 Final.doc Agenda Item No. 6.A. Meeting Date November 19, 2007 City of Albertville City Council Minutes November 5, 2007 Page 4 of 17 US Middendorf informed the Council that the Reed Beds are treated as if they go dormant over the winter season. Staff could attempt to feed the beds throughout the winter but the City runs the risk of the line(s) freezing up, which could cause additional problems. Council accepted the Monthly Utilities (WWTF) Status Update dated October 26, 2007 as presented in the Council packet and on file in the office of the City Clerk. Motion carried unanimously. FINANCE DEPARTMENT Approve the Monday, November S, 2007 Payment of Claims (bills) for check numbers 024883 to 024947 Council had a question about check number 024940 made payable to Vance Bros Inc. in the amount of $397.78 for repair to sidewalks. PW Supervisor Guimont reported that the description of product used should have read direct fire crack filling. This is a product used to repair sidewalks throughout the Albertville city limits. MOTION BY Council member Berning, seconded by Council member Fay authorizing the payment of the claims check numbers 024883 to 024893 and 024895 to 024947 as presented except the bills specifically pulled, which are passed by separate motion. Check number 024894 was voided due to miscommunication as the check should have been made payable to Brietbach instead of Bonestroo. Motion carried unanimously. Accept a Donation of Gambling Funds from the Albertville Lions in the amount of $2, 000.00 and make a donation to the Albertville Administration Department in the amount of $2, 000.00 for the purchase of dishes and flatware for the Albertville City Hall Kitchen MOTION BY Council member Fay, seconded by Council member Berning to accept a Donation of Gambling Funds from the Albertville Lions in the amount of $2,000.00 and make a donation to the Albertville Administration Department in the amount of $2,000.00 for the purchase of dishes and flatware for the Albertville City Hall Kitchen. Motion carried unanimously. M:\Public Data\City Council\Council Minutes\2007 Minutes\M 11-05-07 Final.doc Agenda Item No. 6.A.. Meeting Date November 19, 2007 City of Albertville City Council Minutes November 5, 2007 Page 5 of 17 Accept a Donation of Gambling Funds from the Albertville Lions in the amount of $1, 500.00 and make a donation to the Albertville Fire Department in the amount of $1, 500.00 MOTION BY Council member Fay, seconded by Council member Berning to accept a Donation of Gambling Funds from the Albertville Lions in the amount of $1,500.00 and make a donation to the Albertville Fire Department in the amount of $1,500.00. Motion carried unanimously. Approve Resolution No. 2007-106 entitled a Resolution Certifying Uncollected Utility Bills and Outstanding Invoices to Wright County For Collection with Real Estate Taxes Council noticed there were outstanding invoices for Towne Lakes on the list to be certified to the Real Estate Taxes. Council then asked how staff could recommend the reduction or release of Letters of Credit when there are outstanding invoices. City Attorney Couri explained that the Letter(s) of Credit that were recently reduced or completely released were for different developments. If the Letter(s) of Credit were for the developments with outstanding invoices, staff could pull from the letters to offset the debt owed to the City. Since the outstanding invoices are not the same developments as the Letter(s) of Credit that were reduced or released, the City cannot pull from the Letters of Credit to offset the outstanding invoices. MOTION BY Council member Wagner, seconded by Mayor Klecker to approve Resolution No. 2007-106 entitled a Resolution Certifying Uncollected Utility Bills and Outstanding Invoices to Wright County for Collection with Real Estate Taxes, which will be updated by staff prior to the final notice that is sent to Wright County for recording to the appropriate PID and on file in the office of the City Clerk. Motion carried unanimously. Accept the Monthly Financial Report(s) Finance Director Lannes asked the Council if they had any questions or concerns regarding the report that was presented in the November 5, 2007 Council packet. Lannes did report briefly on the outstanding Accounts Receivable and Capital Projects expenses. Council did not have additional questions or concerns regarding the Finance Director's monthly financial report that was in the packet. Council accepted the Semi-monthly Financial Report(s) dated October 30, 2007 as presented in the City Council packet. Motion carried unanimously. M:\Public Data\City Council\Council Minutes\2007 Minutes\M 11-05-07 Final.doc Agenda Item No. 6.A. Meeting Date November 19, 2007 City of Albertville City Council Minutes November 5, 2007 Page 6 of 17 Approve the 2007-2008 LMC Liability Coverage Insurance Quotes and Waiver Form(s) prepared by Middleton & Associates, Inc. City Administrator Kruse reported that in 2007, an appraiser from the League of Minnesota Cities Insurance Trust completed an appraisal of all City buildings to make sure there is adequate replacement coverage. The policy has gone through inter -departmental review for completeness and accuracy. Kruse noted that in recent years the City has waived our monetary limits on tort liability and purchased additional coverage up to the $1,000,000 per occurrence and in aggregate. The 2007- 2008 Insurance Policy again proposes the Waiver on Tort Liability. Council inquired about the change in the amount of coverage. City Attorney Couri informed the Council that Legislature has gone up from $1 M to $1.2M, which may be a factor to consider with the cost of the insurance coverage. Another area to take into account for the rising cost of the insurance coverage is the Gold Key litigation. MOTION BY Council member Fay, seconded by Council member Beming to approve the 2007-2008 Insurance Proposal from the League of Minnesota Cities Insurance Trust as presented by Middleton & Associates, Inc. with a $1,000 deductible and authorization for Mayor Klecker to sign the Tort Liability Waiver, which is on file in the office of the City Clerk. Motion carried unanimously. Accept Bonestroo 's October 19, 2007 recommendation to make the twelfth and final payment on the Albertville City Hall Project to Breitbach Construction in the amount of $30, 053.20 City Administrator Kruse brought to Council's attention that Mike Beriou representing Bonestroo, Rosene, Adnerlik & Associates was present to answer questions regarding the recommendation for payment. Council asked about the warranty(s) for the facility such as the elevator or other equipment and was the issue with the phones taken care of Kruse reported there is a 2-year warranty, in which the 1st year is up meaning there is still an additional year of warranty left. The issue of re -wiring the phones has been taken care of. MOTION BY Council member Vetsch, seconded by Council member Berning to accept Bonestroo's October 19, 2007 recommendation to make the twelfth and final payment (shall be check number 024949) on the Albertville City Hall Project to Breitbach Construction in the amount of $30,053.20, which are passed by separate motion. Motion carried unanimously. M:\Public Data\City Council\Council Minutes\2007 Minutes\M 11-05-07 Final.doc Agenda Item No. 6.A.. Meeting Date November 19, 2007 City of Albertville City Council Minutes November 5, 2007 Page 7 of 17 MOTION BY Council member Berning, seconded by Council member Fay to authorize the payment of $14,084.76 to Bonestroo, Rosene, Adnerlik & Associates (shall be check number 024948) for the Final Payment for City Hall that was brought up during the City Council meeting. Motion carried unanimously. Terra General Contractor's Lachman Avenue NE Assessment Request (FYI - this will be completed with the upcoming assessment hearing to be held on November 19, 2007) City Administrator Kruse brought to the Council's attention that the Terra General Contractor has requested if the City would consider holding off on their assessment portion until 2008. This will be discussed and presented in conjunction with the Special Assessment held at the November 19, 2007 Council meeting. City Attorney Couri reported that he sees no problem assessing the Terra General Contractor's lots for one year. What the City would do is defer receiving the payments until 2008, which would be collected in 2009. By Deferring the Assessment on the lots would at least get the assessment amount(s) recorded on the 2007 taxes should some unknown financial situation come up in 2008. Revisit - Mike Savitski and CJ's Laundry, 11135 61 S` Street NE, Suite A, Albertville, Minnesota Council wanted additional information pertaining to the outstanding sewer and water bill for CJ's Laundromat. Council was under the impression that Mr. Jones is willing to make payments to Joint Powers and possibly to the City. Has that changed since the last discussion? Council had concerns with moving to write-off or completely forgive the City of Albertville's entire $2,748.58 water bill and $11,993.93 sewer bill with Joint Powers. Council leaned towards the option of collecting some of the outstanding debt. MOTION BY Council member Vetsch, seconded by Mayor Klecker to table the consideration to write off or forgive the City of Albertville's entire $2,748.58 water bill and $11,993.93 sewer bill with Joint Powers assuming responsibility for collection of their water bill and related sales taxes. Motion carried unanimously. MOTION BY Council member Wagner, seconded by Council member Berning to send notification to Mr. Jones regarding the outstanding debt owed, which a copy would be sent to Mike Savitski the property owner. Motion carried unanimously. Council member Vetsch and Mayor Klecker volunteered to meet with Mr. Jones and or Mike Savitski to discuss the outstanding sewer and water bill with the City of Albertville. M:\Public Data\City Council\Council Minutes\2007 Minutes\M 11-05-07 Final.doc Agenda Item No. 6.A. Meeting Date November 19, 2007 City of Albertville City Council Minutes November 5, 2007 Page 8of17 CITY CLERK Accept the Coin -Operated Amusement Device Report discussing the License Fee City Clerk Miller reported that per Council's request, staff has researched the fees for Coin - Operated Amusement Devices. Miller informed the Council that the fee dates back to past December 15, 1986. What was unknown to staff is when the City discontinued invoicing and collecting such fees. In 2005, Tom O'Brien submitted an application to build a restaurant that would include a small game area. Staff noted that within the 2005 Albertville Municipal City Code there is a section on coin -operated amusement devices, in which a fee is collected and set by resolution. Following the construction of Space Aliens, staff noticed other businesses within Albertville that have similar coin -operated amusement devices and began enforcing the ordinance by invoicing the establishments for such devices. Council wanted clarification of how the fees are charged and who inspected the establishments. Staff reported it was various office employees who would note what establishment had XX number of coin -operated amusement devices that met the recently approved definition. Staff explained there is a fee of $15 per location fee, plus a $15 per machine fee. Examples are: Establishment A has one (1) machine with a total fee to be collected of $30; Establishment B has five (5) machines with a total fee of $90 to be collected. There was additional discussion between the Council and staff regarding the fee(s) to be amended. Council directed staff to amend the City Code or Resolution to present at the next meeting to reflect the discussion held tonight. Council wanted to change the language and fees collected to be $15 per location, $15 per machine, with a maximum charge of $45. City Attorney Couri stated he would work on drafting a text amendment to the 2005 Albertville Municipal City Code incorporating the Council's recommendation on setting the Coin -Operated Amusement Device fee and present the amendment to Council at the November 19, 2007 Council meeting or another meeting soon after. MOTION BY Council member Wagner, seconded by Council member Berning to table the Coin -Operated Amusement Device Report discussing the License Fee and directing staff to draft a text amendment to the 2005 Albertville Municipal City Code setting the license fees for Coin - Operated Amusement Device to be $15 annual fee per location; $15 annual per machine; a maximum charge set at $45. The Ordinance Text Amendment shall be presented at the November 19, 2007 Council meeting or soon thereafter. Motion carried unanimously. M:\Public Data\City Council\Council Minutes\2007 Minutes\M 11-05-07 Final.doc Agenda Item No. 6.A.. Meeting Date November 19, 2007 City of Albertville City Council Minutes November 5, 2007 Page 9of17 Approve the One -Day Application to Conduct Excluded Raffle for the St. Albert's Catholic Church to be held at the St. Albert's Parish Center on Sunday, November 11, 2007 MOTION BY Council member Fay, seconded by Council member Berning to approve the One - Day Application to Conduct Excluded Raffle for the St. Albert's Catholic Church to be held at the St. Albert's Parish Center on Sunday, November 11, 2007. Motion carried unanimously. PLANNING AND ZONING Approve Ordinance No. 2007--13 entitled an Ordinance Zoning Related Fees City Planner Brixius reported that at the October 1, 2007 Council meeting, the Council directed staff to review zoning related fees in other communities, which included examples of total costs incurred for a Conditional Use Permit and preliminary plat projects. Brixius informed the Council that staff has contacted several communities in Wright County in order to acquire their individual zoning fees and examples of what their cost have been for similar projects. Brixius went on to explain that the City initially set various fees based upon the City Planner's costs associated with projects. Since 2005, the Finance Director has noticed the amount collected for escrow basically covers the City Planner's fees, but does not cover the City Engineer's or City Attorney's. It was recommended in 2007 by the Finance Director to raise the escrow fees to attempt to cover for the Engineer's and Attorney's fees. Staff has prepared a table, which is included in the packet, comparing the City of Albertville to other surrounding communities' fees that are similar. Staff recommended the Preliminary Plat for Commercial and or Industrial lots be higher than residential, because there are fewer lots that require additional staff review of the site and building plan. Brixius acknowledged that staff hears the Council's concerns regarding the fees set for escrow. In response to Council's concerns, staff reported that they hear complaints from the other side meaning the developer. The developer would complain to staff asking why you didn't inform me, the developer, there would be additional costs incurred with the project. Had I, the developer, known this at the time of submitting the application I, the developer, could have included the fees with the cost of the financing of the project. There was additional discussion between the Council and staff where the consensus was to table the Ordinance until the November 19, 2007 meeting or a meeting before year end, in which there would be an agreement on the fees set for escrow adopted and take effect on January 1, 2008. M:\Public Data\City Council\Council Minutes\2007 Minutes\M 11-05-07 Final.doc Agenda Item No. 6. A. Meeting Date November 19, 2007 City of Albertville City Council Minutes November 5, 2007 Page 10 of 17 Council tabled Ordinance No. 2007-13 entitled an Ordinance Amending Section 100.10 (Fees, Charges, and Expenses) of Appendix A of the 2005 Albertville Municipal City Code to Establish Fees, Charges and Expenses by way of a Zoning Ordinance to the Monday, November 19, 2007 Council meeting or soon thereafter allowing staff to obtain additional information. Approve Resolution No. 2007-107 entitled a Resolution Approving a Conditional Use Permit (CUP) for Geez Sports Bar & Grill (Curt Gentile Property) located at 5788 Main Avenue NE within the City of Albertville City Planner Brixius began informing the Council that on June 12, 2007 the Albertville Planning and Zoning Commission held a public hearing to consider amending the 2005 Albertville Municipal City Code to allow Outdoor Dining by Conditional Use Permit (CUP) in all commercial zoning districts. At the same meeting, the Commission reviewed an application that was submitted by Curt Gentile for approval of a (CUP) for Outdoor Dining for Geez Sports Bar & Grill located at 5788 Main Avenue NE. Upon review and listening to public comment, the Albertville Planning and Zoning Commission approved the CUP application for Outdoor Dining for Geez Sports Bar & Grill contingent on City Council approval. At the July 16, 2007 City Council meeting, the application with the Albertville Planning and Zoning recommendation was presented to the Council for review and consideration for the CUP for Outdoor Dining at Geez Sports Bar & Grill. The outcome of the review and discussion Council had concerns with Condition No. 2 of the recommendations. The recommendation was as follows: 2. Geez Sports Bar & Grill shall enter into a development agreement with the City of Albertville to be financially responsible for its share of parking based on its shortage of parking stalls. Paving of the parking lot on Geez Sports Bar & Grill site in conjunction with future City parking lot pavement is required. The Geez Sports Bar & Grill application was tabled and continued until September and October, which would allow City staff to meet with the owners of Geez Sports Bar & Grill and the 152 Club to discuss the Downtown Parking Lot Project. Staff has been meeting with the owners of Geez Sports Bar & Grill and 152 Club negotiating some type of land purchase or land trade to create the parking lot. There was discussion on the three (3) options that were previously presented to the City Council by City staff. Main topic for the options are: Option 1 — Land Trade; Option 2 — Direct Sale of Land to Geez Sports Bar & Grill and 152 Club; Option 3 — Land Lease. In the memorandum from Alan Brixius, it summarizes a meeting staff had on October 2, 2007 with the owners of the establishments on Main Avenue. It identifies four (4) steps to meet the goal of Option 2 — Direct Sale of Land to Geez Sports Bar & Grill and 152 Club. The steps involved are: Step 1 — Land Trade; Step 2 — Subdivision; Step 3 — Land Cost; Step 4 — Payment Option. M:\Public Data\City Council\Council Minutes\2007 Minutes\M 11-05-07 Final.doc Agenda Item No. 6.A. Meeting Date November 19, 2007 City of Albertville City Council Minutes November 5, 2007 Page 11 of 17 Brixius reported that in conclusion to the application submitted by Curt Gentile the City Council needs to take action on the Geez Sports Bar & Grill's CUP. In considering the Geez conditional use permit, the following options are available to the City Council: 1. The City Council could require that Geez contribute to a downtown municipal parking lot. Based on the City's September memo, the cost per stall would range from $2,300 to $2,630 for gravel stalls to $4,000 to $4,500 for paved stalls. The City Council could charge a per stall cost against the 18 parking stalls. If the City applies $4,000 per stall, this would be $72,000 for Geez. 2. The City could mandate that Geez purchase the land outlined in the October planner's memo. This showed a cost of $42,416 to $29,856 to Geez, however, if the cost per square foot increases to $2,36, as illustrated in the 152 Club counter proposal, then the cost would increase between $55,304 to $38,928. 3. The City Council could proceed with the land trade with the 152 Club and simultaneously work a land trade with Geez to secure the joint access for Geez, 152 Club and the City to provide parking for the patio addition. This land trade could include an agreement for deferred purchase of the remainder of the City land east of the Geez lot. 4. The City Council could waive the parking requirements. 5. The City Council could deny the conditional use permit on the basis that the site is under - parked and the previous explored strategies cannot work for Geez. City Planner Brixius stated that staff was looking to the Council for direction on how to proceed with the application for the CUP for Outdoor Dining for Geez Sports Bar & Grill. City Council noted that there is no land value if the City does not have access to the land to development. Council went on to share that for starters the City should proceed with the Option 1— Land Trade that is fair to Geez Sports Bar & Grill and 152 Club. Within the agreement incorporate language that at some later date, approximately five (5) years, allowing them time to think about purchasing the land. Staff summarized the steps necessary to go forward: 1. Work out details of Land Trade with Geez Sports Bar & Grill and 152 Club 2. Set up Geez Sports Bar & Grill so that it has adequate parking M:\Public Data\City Council\Council Minutes\2007 Minutes\M 11-05-07 Final.doc Agenda Item No. 6.A.. Meeting Date November 19, 2007 City of Albertville City Council Minutes November 5, 2007 Page 12 of 17 3. Work out any future right options There was additional discussion between the City Council and City staff trying to come to a conclusion that is a win -win for all three parties involved in the Downtown Parking Lot Project. Curt Gentile submitted a letter asking for an extension of the CUP Outdoor Dining application for Council approval until December 18, 2007, which would allow time to negotiate the three (3) steps for the Land Trade opposition. MOTION BY Council member Vetsch, seconded by Council member Berning to continue the Resolution No. 2007-1.07 entitled a Resolution Approving a Conditional Use Permit (CUP) for Geez Sports Bar & Grill (Curt Gentile Property) located at 5788 Main Avenue NE within the City of Albertville as presented until December 17, 2007 and directed staff to continue working with the applicant Curt Gentile and the owner of the 152 Club to negotiate an agreement for the proposed Downtown Parking Project. Motion carried unanimously. ENGINEERING Accept the Assistant City Engineer's Project Status Update Assistant City Engineer Nafstad asked if the Council had any questions or concerns regarding his project status update. Council had a question regarding the 571h Street NE sidewalk project. The particular area had to deal with the utility pole at the intersection of Lander Avenue NE and 571h Street NE. Nafstad reported the utility pole issue is being dealt with and has been resolved. Council directed staff to research the sidewalk as far as meeting the ADA Compliance. Council pointed out that it appears there is a section that may be difficult for an individual to maneuver if they were in a wheelchair. There was discussion on the CSAH 19 South Project relating to the Raines property and access to CSAH 18. Council noted that the Post Office has expressed concern delivering the mail to the property. The placement of the mailbox forces the postal carrier to drive on the driveway, which according the postal service is considered private property and a liability concern under the Post Office regulations. Staff reported they have brought it to Wright County's attention regarding the concern. There was discussion regarding the median landscaping that was included as part of the CSAH 19 South Project. City staff has express concerns with mowing the grass and how to get the equipment onto the median area. M:\Public Data\City Council\Council Minutes\2007 Minutes\M 11-05-07 Final.doc Agenda Item No. 6.A. Meeting Date November 19, 2007 City of Albertville City Council Minutes November 5, 2007 Page 13 of 17 Assistant City Engineer Nafstad informed the Council that he has met with the PW employees and have been discussing various options on how to get the lawn equipment onto the median. Council and staff came to the conclusion to continue with the project as designed, but if the grass does not survive or dies off in the future at that time the Council will consider placing some form of landscaping rock or other material. With the Lachman Avenue NE Project, staff brought up the potential of a sliding hill construction in conjunction with the project. The sliding hill will be located near Central -City Park and the Albertville Fire Hall. Council accepted the Assistant City Engineer's Project Status Update dated November 1, 2007 as presented in the November 5, 2007 Albertville City Council packet. Motion carried unanimously. Approve 54`h Street NE and Barthel Industrial Drive NE Flood Prone Stormwater System Assistant City Engineer Nafstad informed the Council that based on your request, Bolton & Menk, Inc. is pleased to submit the proposal for professional services to investigate the flooding issue at the intersection of 54th Street NE and Barthel Industrial Drive NE. Nafstad stated that it was brought to City staff s attention there is a continually flooding concern at the intersection of 541h Street NE and Barthel Industrial Drive NE. In the scope of the services, Bolton & Menk, Inc. will analyze the stormwater conveyance system between 54th Street and Barthel Industrial Drive NE intersection and approximately 500-feet east of 53rd Street NE. The segment of stormwater system will be analyzed to determine 1. if flooding is related to inadequate capacity within the segment; and 2. the type of improvement needed within the segment to avert flooding of the intersection. Nafstad went on to explain that in order to accomplish analyzing the segment, the staff has identified five (5) tasks, which are: Task 1 — Obtain Topographic Data; Task 2 — Create a Storm CAD Model; Task 3 — Obtain the Storm sewer Pipe Sizing; Task 4 — Memorandum Including the Preferred Option Derived in Task 3; and Task 5 — Graphic Representation. Total estimated cost to complete the analysis is $5,450. Nafstad noted that there appears to be a considerable amount of water runoff that drains towards the 54th Street NE and Barthel Industrial Drive NE intersection. At this point, what is unknown to staff is the size of pipe that was originally installed about 30-years ago. City staff questions if the pipe that was installed was large enough to handle future development for the area. Sue Dixon, who resides at 11816 54th Street NE, was present to share that the level of water came up to the frame portion of a car following one of the rainfalls this past summer. Dixon M:\Public Data\City Council\Council Minutes\2007 Minutes\M 11-05-07 Final.doc Agenda Item No. 6.A. Meeting Date November 19, 2007 City of Albertville City Council Minutes November 5, 2007 Page 14 of 17 went on to inform the Council that in previous years, such as 2003, it was unknown to her how deep the water was until she was in the middle of the intersection, which totaled her van because the water was too high. Bill Bistodeau, who resides at 11810 50 Street NE, was present to hear what the Council and staff were proposing to do to fix the flooding problem. Both Ms. Dixon and Mr. Bistodeau confirmed that the intersection has flooded for many years. Nafstad is estimating that approximately a 195 acre area in the upper northwest section of Albertville may drain to the intersection. Nafstad brought to Council's attention the basic knowledge of the intersection is the piping at one point may begin at a width of 48", at the next joint again 48", then another 48", but following that area it reduces down to somewhere between 40"42". Staff does not know why the 40"-42" size piping was installed. After additional discussion between the Council, staff and the residents, Council authorized staff to proceed with analyzing the intersection. MOTION BY Council member Vetsch, seconded by Council member Fay to approve Bolton and Menk, Inc.'s Proposal for Professional Engineering Services to study the flood prone intersection located at 541h Street NE/Barthel Industrial Drive NE on an hourly basis with a not to exceed cost of $5,450.00 with funds coming from the City's Stormwater Fund. Motion carried unanimously. LEGAL Approve Ordinance No. 2007-I5 entitled an Ordinance Modifying the 2005 Albertville Municipal City Code Sections 9-2-10 Rates and Charges; 9-2-11 Interruption, Discontinuance of Service; 9- 3-3 Fees and Charges; 6-2-14 Redemption of Impounded Animals; 3-1-3 Certain City Service Fees and Rates set by Resolution; 10-2-3 Permits and Fees; and 3-5-2 Fire Protection and Emergency Response Fees City Attorney Couri reviewed the key issues that were discussed at the October 22, 2007 Committee of the Whole meeting, which are listed below: • These ordinance changes generally conform our City Code to existing City policy as it has been carried out. • Section 9-2-10 Rates and Charges —institutes $35 water shut off and restoration fees and makes the landlord liable for unpaid tenant water and sewer bills. • Section 9-2-11 Interruption, Discontinuance of Service —provides a procedure to shut off water for delinquent accounts 60 days past due and authorizes special assessment of delinquent bills against the property. • Section 9-3-3 Fees and Charges —makes all unpaid City utility bills a lien against the property thus protecting the City's position in case of bankruptcy by the owner. M:\Public Data\City Council\Council Minutes\2007 Minutes\M I 1-05-07 Final.doc Agenda Item No. G.A. Meeting Date November 19, 2007 City of Albertville City Council Minutes November 5, 2007 Page 15 of 17 • Section 6-2-14 Redemption of Impounded Animals —Requires animal owner to pay a progressive animal impoundment charge, all City animal boarding expenses and all City animal transportation expenses. • Section 3-1-3 Certain City Service Fees and Rates set by Resolution —authorizes the City Council to set several categories of fees by resolution rather than ordinance. • Section 10-2-3: Permits and Fees —adds $25 and $100 building permit surcharge fees in the same amount the County will be imposing on the City to initially value new buildings for tax assessment purposes. • Section 3-5-2: Fire Protection and Emergency Response Fees —requires the building owner to pay for the time City fire personnel must remain at the fire scene (after the fire is extinguished) to secure the building until the owner arrives. MOTION BY Council member Berning, seconded by Council member Fay to approve Ordinance No. 2007-15 entitled an Ordinance Modifying the 2005 Albertville Municipal City Code Sections 9-2-10 Rates and Charges; 9-2-11 Interruption, Discontinuance of Service; 9-3-3 Fees and Charges; 6-2-14 Redemption of Impounded Animals; 3-1-3 Certain City Service Fees and Rates Set by Resolution; 10-2-3 Permits and Fees; and 3-5-2 Fire Protection and Emergency Response Fees and on file in the office of the City Clerk. Motion carried unanimously. Accept the City Attorney's Monthly Update City Attorney Couri asked the Council if they had any questions or concerns with the monthly update. Couri noted briefly that the City received three (3) appeals related to the CSAH 19 South Special Assessment. The City did not receive any appeals related to the Albert Villas Special Assessment. There have been modifications made to the Albertville Marketplace purchase agreement. Staff will present the modifications at the second meeting in November or a meeting soon thereafter along with the Developer's requested changes to the site plan that was approved by the Albertville Planning and Zoning Commission. Council accepted the City Attorney's Monthly Update dated October 30, 2007 as presented in the November 5, 2007 Albertville City Council packet. Motion carried unanimously. ADMINISTRATION Accept the City Administrator's Bi-monthly Written Report City Administrator Kruse noted that a number of the items included in his report were additional information that was reported in the Assistant City Engineer's and City Attorney's reports. Kruse went on to inform the Council that the Persian's have signed the lease agreement and began cleaning up the 5964 Main Avenue NE building preparing it for their Music Business. Kruse informed the Council there has been little interest on the 5975 Main Avenue NE building and asked if the Council would consider lowering the price. M:\Public Data\City Council\Council Minutes\2007 Minutes\M 11-05-07 Final.doc Agenda Item No. 6.A. Meeting Date November 19, 2007 City of Albertville City Council Minutes November 5, 2007 Page 16 of 17 Council would consider negotiating with a potential client that would be interested in leasing the facility. Council accepted the City Administrator's Bi-monthly Written Report dated November 1, 2007 as presented in the November 5, 2007 Albertville City Council packet. Motion carried unanimously. Authorize purchasing kitchen dishes, flatware and equipment from Strategic Equipment in the amount of (Option No. I or Option No. 2) City Administrator Kruse brought to Council's attention that the Albertville Lions have made a donation to the City to consider the purchase of dishes, flatware, and other items for the Kitchen facility at 5959 Main Avenue NE (City Hall). There are two options for the Council to consider in the purchase of the kitchen items. MOTION BY Council member Fay, seconded by Mayor Klecker to authorize the purchase of kitchen dishes, flatware and equipment from Strategic Equipment in the amount of $2,975.21 reducing the number of bowls purchased and consideration of not purchasing steak knives; partial funds from the Albertville Lions Donations in the amount of $2,000 will be applied towards the cost. Motion carried unanimously. CITIZENS OPEN FORUM - (continued if necessary) There were no citizens present to continue a discussion from earlier in the meeting. ANNOUNCEMENTS and or UPCOMING MEETINGS November 12 all day 13 6:00 p.m. 13 7:00 p.m. 13 7:30 p.m. 19 7:00 p.m. 19 7:00 p.m. 19 9:45 p.m. 22 all day 23 all day 26 6:00 p.m. 26 7:00 p.m. City Offices closed in observation of Veteran's Day STMA Ice Arena Board meeting (tentative) Planning and Zoning Commission meeting Parks and Recreation Committee meeting City Council meeting Lachman Avenue NE Special Assessment Hearing Employee Performance Reviews City Offices closed in observation of Thanksgiving Day City Offices closed in observation of Thanksgiving Day Joint Water Board meeting Committee of the Whole Workshop (if necessary) M:\Public Data\City Council\Council Minutes\2007 Minutes\M 11-05-07 Final.doc Agenda Item No. 6.A.. Meeting Date November 19, 2007 City of Albertville City Council Minutes November 5, 2007 Page 17 of 17 December 3 6:30 p.m. 3 7:00 p.m. 10 6:00 p.m. 11 7:00 p.m. 17 7:00 p.m. Truth -in -Taxation Hearing City Council meeting STMA Ice Arena Board meeting Planning and Zoning Commission meeting City Council meeting ADJOURNMENT OF THE REGULAR COUNCIL MEETING TO A COMMITTEE OF THE WHOLE MEETING (five minute recess) Council member Berning made a recommendation to adjourn the City Council meeting and table the City Administrator and City Attorney Employee Performance reviews to the November 19, 2007 meeting; and moved the City Planner and Assistant City Engineer Employee Performance reviews to the December 3, 2007 Council meeting. Recommendation accepted unanimously. There was brief discussion related to the annual consideration of the $100 Employee gift card. City Administrator Kruse made a suggestion instead of the $100 Employee gift card to have a Holiday recognition party. Kruse recommended that it could be potluck that would be extended to include the Planning and Zoning Commission members and the Albertville Fire Department. ADJOURNMENT MOTION BY Council member Berning, seconded by Council member Wagner to adjourn the regular November 5, 2007 City Council meeting at 11:02 p.m. Motion carried unanimously. Ron Klecker, Mayor IJA4�- - Ui�� Bridget Mille , City Clerk M:\Public Data\City Council\Council Minutes\2007 Minutes\M 11-05-07 Final.doc Agenda Item No. 6.A. Meeting Date November 19, 2007 Albertville City Council November 5, 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 v>,1� 13:5 11 �, o 1st. Ile- M, "e^� 4,4L4 c C)�o C-I& to S i�i� 5�1�"b1e MA\Public Data\City Council\2007 Public Hearing Attendance.doc