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2007-12-17 CC Minutes ~ 1\!1?.~!'!iJL€ ALBERTVILLE CITY COUNCIL December 17, 2007 MINUTES Albertville City Hall 7:00 PM PLEDGE OF ALLEGIANCE - CALL TO ORDER Mayor Klecker called the Albertville City Council meeting to order at 7:00 p.m. followed by the Pledge of Allegiance. ROLL CALL PRESENT: Mayor Ron Klecker, Council members John Vetsch, LeRoy Berning, Dan Wagner, and Tom Fay, City Planner Al Brixius, City Attorney Mike Couri, Assistant City Engineer Adam Na,fstad, Utilities Superintendent John Middendorf, Utilities Operator Assistant Don Lumley, City Administrator Larry Kruse, and City Clerk Bridget Miller ABSENT: none RECOGNITIONSIPRESENTATIONS/INTRODUCTIONS Mayor Klecker noted that the new Utility Operator Assistant Don Lumley was present to introduce himself to the Council. Don Lumley provided a brief background about himself to the City Council, City staff and Consultants. Mr. Lumley informed the Council he was glad to become a part of the Albertville Utilities Department and looks forward to serving the community to the best of his ability. MINUTES Monday, December 3,2007 Truth-in-Taxation Hearing minutes; Monday, December 3,2007 regular City Council meeting; Monday, December 3, 2007 Committee of the Whole minutes Mayor Klecker asked the Council if there were any changes to the Monday, December 3, 2007 Truth-in- Taxation Hearing minutes; Monday, December 3, 2007 regular City Council minutes; and Monday, December 3, 2007 Committee of the Whole minutes. M:\Public Data\City Counci1\Council Minutes\2007 Minutes\M 12-17-07 L-drafts.doc City of Albertville City Council Minutes December 17, 2007 Page 2 of9 MOTION BY Council member Berning, seconded by Council member Wagner to approve the Monday, December 3, 2007 Truth-in- Taxation Hearing minutes as presented, and on file in the office of the City Clerk. Motion carried unanimously. MOTION BY Council member Wagner, seconded by Council member Berning to approve the Monday, December 3, 2007 regular City Council minutes as amended, and on file in the office of the City Clerk. Motion carried unanimously. MOTION BY Council member Berning, seconded by Council member Wagner to approve the Monday, December 3, 2007 Committee of the Whole minutes as presented, and on file in the office of the City Clerk. Motion carried unanimously. CITIZEN FORUM - No Comments AMENDMENTS TO THE AGENDA City Planner Brixius added an item under Planning (Schuett Real Estate Development Elderly Housing Concept Plan). Council member Berning added one item under Planning (Signage - walking - commercial in the right-of-way), three items under Administration (Historical Committee; Barthel Industrial Lots; 50th Street NE Speed Study Update) and one item under Engineering (CSAH 19 South Lighting). Mayor Klecker added one item under Administration (Karl Eid Property Purchase). City Administrator Kruse added two items under Administration (Fire Inspection Pay Rate; STMA Ice Arena Appraisal). MOTION BY Council member Berning, seconded by Council member Wagner to approve the Monday, December 17,2007 regular Albertville City Council agenda as amended. Motion carried unanimously. CONSENT AGENDA e CONSENT AGENDA All items with an asterisk (e) are considered to be routine in nature by the City Staff and will be enacted by one motion. There will be no separate discussion of these items unless a Council member or citizen 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. Mayor Klecker asked the Council if there were any items to be pulled from the Consent Agenda. MOTION BY Council member Wagner, seconded by Mayor Klecker to approve the consent agenda removing items 8.D.I. Semi-monthly Payment of Claims and 8.D.7. Approval of Resolution No. 2007-114 entitled a Resolution Calling Hearing on Amendment to Capital Improvement Plan and Issuance of Refunding Bonds, which will be considered in its normal sequence and a separate discussion of the items will be conducted. Motion carried unanimously. M:\Public Data\City Counci1\Council Minutes\2007 Minutes\M 12-17-07 L-drafts.doc City of Albertville City Council Minutes December 17, 2007 Page 3 of9 DEPARTMENT BUSINESS FINANCE DEPARTMENT Approve the Monday, December 17, 2007 Payment of Claims (bills) for check numbers 025074 to 025121 MOTION BY Council member Berning, seconded by Council member Fay authorizing the payment of claims that included check numbers 025074 to 025121 following the discussion of check numbers 025074 made payable to Abdo, Eick & Meyers LLP for Auditing and Accounting Services in the amount of$1,397.96; 025093 made payable to John A. Lindstrom for Fire Inspection Consulting Training in the amount of $576.00; 025095 made payable to Magic Water that the Fire Department purchased for easy transportation to fire calls in the amount of $336.00; 025113 made payable to United Rentals for the purchase of renting a wood chipper to chip up wood for the trail within Winter Park in the amount of$302.91; 025117 made payable to Westside Wholesale Tire for new tires and balancing of them on a City vehicle with funds from the Parks Department in the amount of$513.93. Council member Berning stated the City should be purchasing locally and strongly stated the importance of doing that in the future. City Administrator Kruse stated he understands the importance of doing so and believes staff does a good job of doing so when the additional costs are reasonable. At times, it is difficult for local merchants to compete with the State of Minnesota contract prices. Motion carried unanimously. . Authorize payment of all just claims received by December 31, 2006 (year-end closeout) MOTION BY Council member Wagner, seconded by Mayor Klecker authorizing the payment of all just claims received by December 31, 2007, which would be the year-end closeout of payment of claims. Motion carried unanimously. . Approve Payment Requestfor Partial Pay Estimate No. 1.from Imholte Concrete Construction, Inc. for the City Hall South Parking lot construction in the amount of$37,978. 78 MOTION BY Council member Wagner, seconded by Mayor Klecker to approve staffs recommendation for Partial Pay Estimate No. 1 to Imholte Concrete Construction, Inc. for the Albertville City Hall South Parking Lot construction in the amount of $37,978.78, based upon the work completed to date. Motion carried unanimously. M:\Public Data\City Council\Council Minutes\2007 Minutes\M 12-17-07 L-drafts.doc City of Albertville City Council Minutes December 17, 2007 Page 4 of9 . Approve Payment Request for Partial Pay Estimate No.3 for payment to LaTour Construction, Inc. for construction of52nd Street NE Improvement in the amount of$I83, 624. 86 MOTION BY Council member Wagner, seconded by Mayor Klecker to approve staffs recommendation for Partial Pay Estimate No.3 to LaTour Construction, Inc. for 52nd Street Improvements, otherwise known as Barthel Industrial Park 3rd Addition, in the amount of $183,624.86, based upon the work completed to date. Motion carried unanimously. . Approve Payment Request for Partial Pay Estimate No.1 for payment to Northdale Construction Company, Inc. for construction of Phil Morris Lift Station in the amount of $94,955.00 MOTION BY Council member Wagner, seconded by Mayor Klecker to approve staffs recommendation for Partial Pay Estimate No.1 to Northdale Construction Company, Inc. for Phil Morris Lift Station in the amount of $94,955.00 that represents approximately 67% of the total contract amount, based upon the work completed through November 30,2007. Motion carried unanimously. . Approve Payment Requestfrom Wright County Highway Departmentfor construction of CSAH 19 South Improvement in the amount of$213,492.21 MOTION BY Council member Wagner, seconded by Mayor Klecker to approve Payment Request for from Wright County Highway Department for construction of CSAH 19 South Improvement in the amount of$213,492.21. Motion carried unanimously. Approve Resolution No. 2007-114 entitled a Resolution Calling Hearing on Amendment to Capital Improvement Plan and Issuance of Refunding Bonds City Administrator Kruse explained to the Mayor and Council members that legislature has enacted legislation that allows the issuance of Capital Improvement Bonds (CIP) thus giving the City's an opportunity to refinance existing Government Obligation (GO) Bonds. In 1999, the City of Albertville financed the Fire Hall with GO Lease Revenue Bonds through the Albertville Economic Development Authority. Now it is financially advantageous for the City to refinance the Bonds at a savings of approximately $30,000 to $41,000. MOTION BY Council member Vetsch, seconded by Mayor Klecker to approve Resolution No. 2007-114 entitled a Resolution Calling Hearing on Amendment to Capital Improvement Plan and Issuance of Refunding Bonds, in which case the Albertville City Council will hold a public hearing regarding an amendment to the Capital Improvement Plan (CIP) and issuance of the Bonds on Monday, January 7, 2008 at 7:00 p.m. or soon thereafter at Albertville City Hall, 5959 Main Avenue NE, Albertville. Motion carried unanimously. M:\Public Data\City Council\Council Minutes\2007 Minutes\M ]2-] 7-07 L-drafts.doc City of Albertville City Council Minutes December 17, 2007 Page 5 of9 PLANNING AND ZONING Accept City Planners Monthly Report City Planner Brixius explained that Phil Morris and Neil Webber have asked for an extension to the submittal of the Site and Building Plan Review to work on the elevations of the restaurant and bring it before the Council in February 2008. There is a Conditional Use Permit (CUP) application for a Text Amendment B-2 District to allow for a Veterinary Clinic within the Shoppes at Prairie Run Development, which the Planning and Zoning Commission will review in January 2008. Staff is conducting research on Pawn Shops and Tattoo Parlors and appropriate locations for them within the Albertville city limits. Staff is also researching FEMA Flood Plain Insurance program with findings to be presented with the Engineer's study on Barthel Industrial stormwater. Brixius asked the Mayor and Council members if they had any questions or concerns regarding the monthly report. Council members accepted the City Planner's Monthly Report dated Wednesday, December 12, 2007 as presented in the December 17, 2007 City Council packet. Sohuett Real Estate Development Elderly Housing Concept Plan City Planner Brixius informed the Council that Schuett Real Estate Group, LLC has submitted a Planned Unit Development (PUD) Concept Plan for site known as Albert Villas 7th Addition, which was presented to the Planning and Zoning Commission in November. The Schuett Group concept plan is requesting a land use and rezoning change for the Albert Villas 7th Addition site from its current zoning of R -1 A Low Density Residential to a PUD zoning district. The site will include a three (3) story multiple family building that will have 40 units of independent living, 40 units of assisted living, and 16 units of memory care housing. The concept plan also includes 36 single level townhomes that will be age restricted for independent living seniors. Brixius pointed out that as a concept plan the applicant is soliciting City insight and comment on the land use application prior to proceeding to a PUD rezoning and development stage detail plans. Assistant City Engineer Nafstad brought up the fact that County Ditch 9 would need to be cleaned up and excess debris cleared away. Tom Schuett, representing Schuett Real Estate Group, LLC thanked the Council for allowing the discussion of the proposed concept plan for the Albert Villas 7th Addition. Mr. Schuett informed the Council that he has been researching this type of development over the past several years. Schuett knows there is a need for such type of a development, but what is unknown is finding the best location for such a concept. The demographics of Albertville demonstrate the potential need for services similar to this concept plan. The concept is one that would give an individual the opportunity to move to once they retire and as they continue to mature or age they have the ability to re-locate to the next phase when the need arises. M:\Public Data\City Council\Council Minutes\2007 Minutes\M 12-17-07 L-drafts.doc City of Albertville City Council Minutes December 17,2007 Page 6 of9 Mr. Scheutt shared with the Council that he sent out notices to the abutting property owners asking for their input on the proposed development. It was brought to his attention that the location of the meeting was not mentioned; therefore very few residents attending the meeting. Mr. Scheutt noted there will be a fair amount of common area throughout the three-story building, which would include an area to eat, a fitness area, garden area outside, and a place known as "Grandma or Grandpa's Attic". By having such common areas throughout the building will get the residents out of their rooms to remain active. The Council agreed that there appeared to be a need for a development for Senior Housing within Albertville. Council thought there could be a few townhomes to be located off of Jason Avenue NE that would be owner occupied. Council brought to Mr. Schuett's attention there is a similar type of development in Elk River known as "Guardian Angels" and one in Rogers and wondered if this would be similar. Council would like to visit the site in Delano that Schuett recently received approval to develop. Should the development proceed, Council expressed that they would like to know what the pros and cons were to the connection of 51 st Street NE from Albert Villas 7th Addition to Albert Villas 2nd Addition. Council would like feedback from the Fire Department as far as fire or medical emergency response. City Administrator Kruse summarized what the Council was stating, in which the Council was in agreement for Mr. Schuett to proceed with the Application for Rezoning and Developing the site. The Council would like the applicant to put together a couple different versions of a proposed layout; one that would connect 51 st Street NE, and one where 51 st Street NE that included a cul- de-sac. Signage - walking - commercial in the right-aI-way Council expressed concerns with the amount of sign age along CSAH 19 North ofCSAH 37 in Albertville. The Albertville Premium Outlets stores place a number of advertising signs within the right-of-way. Other businesses are not allowed to place this signage up why are they allowed. Another concern the Council had was with walking signage. Council had no big concerns with individuals that walk along the trail, but when the individuals are standing in the median causing site problems. Council brought up the fact that the previous weekend there were individuals in the median with large signs. Take the size of the signs then add the wind could cause a fatal accident. Staff listened to the Council and would bring it to the attention of the management office of the Albertville Premium Outlets and notify the Wright County Sheriffs Department to patrol the area for the safety of the individual as well as the travelers. Not only would staff notify the Mall management offices, but would bring it to the individual store owners' attention. M:\Public Data\City Council\Council Minutes\2007 Minutes\M 12-17-07 L-drafts.doc City of Albertville City Council Minutes December 17, 2007 Page 7 of9 ENGINEERING CSAH 19 South Lighting Council asked if staff has received any quotes on the cost to include electrical wiring for the potential of holiday lights on the light poles along the CSAH 19 South Corridor. After discussing the possibility of installing electrical outlets to the light poles, Council decided to drop the installation of an electrical receptacle for now. ADMINISTRATION Fire Inspection Pay Rate City Administrator Kruse wanted to meet with the Personnel Committee in the near future to discuss the pay rate for the Fire Fighters that are training to perform fire inspections. The Council has approved staff to complete a pilot fire inspection study to evaluate the best practice to insure safety compliance with the fire code. Kruse stated that Building Official Sutherland, Fire Chief Mills and he are working with John Lindstrom, a Certified Fire Inspector who is providing training. Currently fire fighters are paid $8 per hour for training and $12 per hour for emergency responses, with some variation depending on experience. Fire Chief Mills has submitted approximately 60 hours of time and has requested a higher rate of pay for fire inspections. The firemen have suggested $20 per hour, but mentioned being in training, a $16 to $18 rate would seem reasonable. Council stated this is a pilot program to try and figure out what a program might look like. The City is exploring inspection options and the volunteers are in a training mode at this time. We are paying for a crew of people including an outside consultant and Building Official to do what one person could do. The Council expressed concerns about making a change midway through this effort and after the fact. While the Council always appreciates the volunteer fire personnel, it directed staff to pay the fire personnel that are involved in fire inspection training and the pilot project $12.00 per hour instead of the normal $8 they are paid for training. When the pilot study is completed, the Council can evaluate how best to proceed with a fire inspection program. Albertville Mall Berm Assistant City Engineer Nafstad gave a brief update on the removal of the dirtJberm that is located on the west side of the Albertville Premium Outlets Phase I. Nafstad reported that it was discovered that it will cost approximately $180,000 to remove the dirt. Staff has been in contact with the Rodens and Darkenwalds who did not want the liability stipulation associated with the acceptance of the dirt on their property. Staff recommended that Council approve the Grading Permit at this point and deal with the liability stipulation later. M:\Public Data\City Council\Council Minutes\2007 Minutes\M 12-17-07 L-drafts.doc City of Albertville City Council Minutes December 17, 2007 Page 8 of9 MOTION BY Council member Wagner, seconded by Council member Berning to allow the application of a Grading Permit for the Roden and Darkenwald property without condition. Motion carried unanimously. Karl Eid Property Purchase Mayor Klecker informed the Council that the Karl Eide property, located at 10831 Kantar Court NE, was taken over by a bank in Texas. Once again Klecker asked the Council if they would consider purchasing the house, which could be removed from the lot in order to expand Oakside Park. MOTION BY Council member Fay, seconded by Council member Wagner to make an offer of $60,000 to $65,000 to purchase the house, in which the City would use the land to expand Oakside Park. Motion carried unanimously. Barthel Industrial Lots Council suggested setting a workshop in the near future to discuss the sale or development of the Barthel Industrial lots on 52nd Street NE. Staff suggested holding the workshop meeting in January 2008 following one of the shorter regular Council meetings. Historical Committee Council member Berning updated the Council on the Historical Committee informing them that Mrs. Zachman has put photos together for display at City Hall. Is the Council still in agreement to display those at City Hall? Council was in agreement to display the photos that have been put together by Mrs. Zachman. 50th Street NE Speed Study Update City Administrator Kruse informed the Council that the Wright County Sheriff's Department has agreed to increase speed compliance on 50th Street NE per Council's request. STMA Ice Arena City Administrat-or Kruse gave a brief update on an appraisal that came back from Nagell Appraisal and Consulting regarding the land value for the Barthel Property. Assistant City Engineer Nafstad reported the estimated cost to correct the soils under the building and parking lot is $90,000. The appraisal compares the Barthel property to building ready sites, thus the need M:\Public Data\City Council\Council Minutes\2007 Minutes\M 12-17-07 L-drafts.doc City of Albertville City Council Minutes December 17, 2007 Page 9 of9 for soil correction to be taken into consideration. The appraisal assumes any assessments are paid but does not include any soil correction. The Council requested the appraisal be forwarded onto the Barthel Family for their evaluation. CITIZEN OPEN FORUM - (continued if necessary) ANNOUNCEMENTS and or UPCOMING MEETINGS December 24 all day 25 all day 26 6:00 p.m. 31 all day January 2008 1 all day 7 7 :00 p.m. 8 7:00 p.m. 11 6:00 p.m. 14 6:00 p.m. 21 all day 22 7:00 p.m. 28 7 :00 p.m. ADJOURNMENT City Offices closed in observation of Christmas Eve Day City Offices closed in observation of Christmas Day Joint Water Board meeting (tentative date) City Offices closed in observation of New Year's Eve Day City Offices closed in observation of New Year's Day City Council meeting Planning and Zoning Commission meeting "In Appreciation to those who serve" Recognition Event STMA Ice Arena Board meeting City Offices closed in observation of Martin Luther King Day City Council meeting (TUESDAY) Committee of the Whole Workshop MOTION BY Council member Berning, seconded by Council member Fay to adjourn the regular December 17,2007 City Council meeting at 9:24 p.m. Motion carried unanimously. (f:)~ ~ L:/L Ron Klecker, Mayor -- ~^LL11~ ~; Bridget ~~ty Clerk M:\Public Data\City Council\Council Minutes\2007 Minutes\M 12-17-07 L-drafts.doc