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2008-02-04 CC Minutes ~. A11?.~!!UL€ ALBERTVILLE CITY COUNCIL February 4, 2008 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, Assistant City Engineer Adam Nafstad, City Planner Al Brixius, City Attorney Mike Couri, Finance Director Tina Lannes, Utilities Superintendent John Middendorf, City Administrator Larry Kruse, and City Clerk Bridget Miller ABSENT: none RECOGNITIONSIPRESENT A TIONSIINTRODUCTIONS - no comments MINUTES Tuesday, January 22, 2008 regular City Council meeting Mayor Klecker asked the Council ifthere were any changes to the Tuesday, January 22, 2008 regular City Council minutes. MOTION BY Council member Wagner, seconded by Council member Berning to approve the Tuesday, January 22, 2008 regular City Council minutes as amended, and on file in the office of the City Clerk. Mayor Klecker, Council members Fay, Wagner and Berning voted aye. Council member Vetsch abstained. M:\Public Data\City Council\Council Minutes\2008 Minutes\M 02-04-08 Approved.doc City of Albertville City Council Minutes February 4, 2008 Page 2 of9 CITIZEN FORUM Mayor Klecker asked if there was anyone in the audience that wanted to discuss an item with the Council that was not already on the agenda. Amy Peterson - speed along Kassel Avenue NE Amy Peterson of 4959 Kassel Avenue NE approached the Council who had a concern with cars traveling on Kassel Avenue NE. Ms. Peterson informed the Council that residents in the neighborhood came before the Council a couple years ago regarding how fast the vehicles appear to be traveling down Kassel Avenue NE. It seems people are using Kassel Avenue NE as an alternate route, rather than taking CSAH 19 into St. Michael. Ms. Peterson was directed to contact PW Supervisor Guimont regarding the speed along Kassel Avenue NE and consider installing some speed limit signs, which the City has installed "speed limit" signs. The other suggestion was to contact the Sheriff s Department, which the residents have numerous times. It is more recently that Ms. Peterson contacted City Administrator Kruse to find out what more they can do to slow down the traffic. Ms. Peterson went on to share with the Council what the neighborhood residents' suggest, which is to install a 4-way stop sign at the intersection of 49th Street/Court NE and Kassel Avenue NE. Ms. Peterson reported that this is the intersection where the kids in the neighborhood get on the school bus. The homeowners would like to see a 3-way stop sign at the T-intersection of Kassel Avenue NE and 48th Street NE, also. Wright County Sheriff representative informed the Council that they have been doing their best to monitor the City addressing various concerns, which includes the speeders along Kassel Avenue NE. The representative stated that a squad car on occasion has parked in a resident's driveway and set the radar to detect the speed of the vehicles passing by, which do not at this time merit a speeding ticket. The Sheriff s representative agreed with the residents by installing the stop signs, which could slow traffic down. At this point the Council decided not to install "stop signs" at the intersection of Kassel Avenue NE/49 Street NE/49 Court NE and the T-intersection of Kassel Avenue and 48th Street NE. Council directed staff to contact the Wright County Sheriffs Dept. to monitor the traffic speed along Kassel Avenue NE for now. Amy Peterson - Senior Housing Development within the Albert Villas Addition Ms. Peterson reported that the neighborhood was notified regarding a proposed Senior Housing Development, in which she did not want to see the townhouses go there. Peterson asked if they would be notified again about the potential development. City Planner Brixius shared with the Council and Ms. Peterson that Mr. Schuett, the developer, has been in contact with him since the Concept Plan was presented to the Planning and Zoning M:\Public Data\City Council\Council Minutes\2008 Minutes\M 02-04-08 Approved.doc City of Albertville City Council Minutes February 4, 2008 Page 3 of9 Commission and the City Council. Mr. Schuett has also been in contact with the Guardian Angels addition in Elk River, in which he is working on a revised plan per Council's direction. Brixius wanted to make sure that Ms. Peterson knew this was a very conceptual plan. Brixius reported that the residents within 350 feet will receive notification as things progress with the site. AMENDMENTS TO THE AGENDA City Administrator Kruse added one item under Administration, which was a proposal from Water of Life Lutheran Church to rent the city building located at 5975 Main Avenue NE. MOTION BY Council member Berning, seconded by Council member Vetsch to approve the Monday, February 4, 2008 regular Albertville City Council agenda as amended. Motion carried unanimously. CONSENT AGENDA . CONSENT AGENDA All items with an asterisk (.) 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. Klecker noted that item 8.F.I. was missed from the Consent Agenda; therefore asked to add it. MOTION BY Council member Berning, seconded by Council member Fay to approve the consent agenda as presented, which required no separate discussions or motions; therefore will be on file in the office of the City Clerk. Motion carried unanimously. DEPARTMENT BUSINESS UTILITIES DEPARTMENT Utilities Superintendent Middendorf informed to the Council that since the report was written there was a water main break at 54th Street NE and Main Avenue NE, which staff handled. Middendorf went into more detail on the progress of the Reed Beds, in which he share concerns in the growth. Middendorf reported that it has been difficult to meet the S.E.H. recommendations in the amount of solids to be placed on the Reed Beds. Middendorf went on to explain that if the City were to continue with S.E.H.'s proposal the reports that are submitted to the Minnesota Pollution Control Agency will be in violation of the MPCA Regulations for the treatment plant. Middendorf then stated that staff will be holding off on the amount of solids that M:\Public Data\City Council\Council Minutes\2008 Minutes\M 02-04-08 Approved.doc City of Albertville City Council Minutes February 4, 2008 Page 4 of9 are added to the Reed Beds until a later date to avoid future violations to the MPCA Reports. Middendorf went on to bring to the Council's attention that the video taping of the sewer lines has been completed. There was a section of line that was difficult to tape because of an incline, which the camera was unable to get to. In conclusion, Middendorf asked if the Council had any other questions or concerns regarding the Wastewater Treatment Plant. Council members accepted the Utilities Superintendent's Report dated Monday, January 28, 2008 as presented in the February 4, 2008 City Council packet. FINANCE DEPARTMENT . Approve the Monday, February 4, 2008 Payment of Claims (bills) for check numbers 025253 to 025309 MOTION BY Council member Berning, seconded by Council member Fay authorizing the payment of claims that included check number 025253 to 025309 as.presented except the bills specifically pulled, which are passed by separate motion. Motion carried unanimously. .Accept the 2008 City ofOtsego and City of St. Michael Fire Contractfor Albertville Service MOTION BY Council member Berning, seconded by Council member Fay to accept the 2008 City of Otsego and City of St. Michael Fire Contract for Albertville Service as presented in the February 4, 2008 City Council packet. Motion carried unanimously. .Accept a Donation of Gambling Fundsfrom the Albertville Lions in the amount of$1,820.00 and make a donation to the Albertville Royalty Committee in the amount of$1,820.00 MOTION BY Council member Berning, seconded by Council member Fay to accept a Donation of Gambling Funds from the Albertville Lions in the amount of$1,820.00 and make a donation to the Albertville Royalty Committee in the amount of$1,820.00. Motion carried unanimously. Accept Finance Director's Semi-monthly Financial Reports Finance Director Lannes briefly reviews the Financial Reports that were submitted to the Council in the February 4,2008 Council packet. Upon review, Lannes asked if the Council had any questions or concerns with the City's Finances. Council members accepted the Finance Director's Semi-monthly Financial Report dated Monday, January 28, 2008 as presented in the February 4, 2008 City Council packet. M:\Public Data\City Council\Council Minutes\2008 Minutes\M 02-04-08 Approved.doc City of Albertville City Council Minutes February 4, 2008 Page 5 of9 CITY CLERK .Approve Minnesota Lawful Gambling LG220 Applicationfrom the St. Michael Catholic Church for an event to be held at the STMA Ice Arena within the Albertville city limits in May 2008, in which raffle tickets will be sold during the event MOTION BY Council member Berning, seconded by Council member Fay to approve a Minnesota Lawful Gambling LG220 Application from the St. Michael Catholic Church for an event to be held at the STMA Ice Arena within the Albertville city limits in May 2008, in which raffles tickets will be sold during the event, which has been prepared and submitted by the City Clerk. Motion carried unanimously. PLANNING AND ZONING Accept the City Planner's Monthly Report City Planner Brixius asked the Council if they had any questions regarding the Progress Report. Council members accepted the City Planner's Monthly Progress Status Report dated Wednesday, January 30, 2008 as presented in the February 4,2008 City Council packet. ENGINEERING - no comments LEGAL Accept the City Attorney's Monthly Update City Attorney Couri reported on the Prairie Run Development and the letter of credit for landscaping which expired on December 31, 2007 that has been extended to late 2008. Couri reported that in March 2006, the Common Interest Community (CIC) Association was terminated; however staff is researching the association issue. Gold Key appears to have dissolved the CIC, which provided the legal mechanism to force each property owner to pay its fair share of association dues. What staff does know is that the association did not dissolve the portion that was set up to maintain the private drive as it is a non-profit corporation. What staff is looking into is whether this is a violation of the Developer's Agreement or the CIC Association documents. Staffwill continue to contact Gold Key's attorney regarding the CIC, in which staff will report back the findings at a later date. M:\Public Data\City Council\Council Minutes\2008 Minutes\M 02-04-08 Approved.doc City of Albertville City Council Minutes February 4, 2008 Page 60f9 The next item Couri touched on was the Towne Lakes (TL) 6th Addition and Hennen Construction. Couri reported that Hennen Construction has not been paid by CPCD for some of the utility and street work that was installed within the TL 6th Addition. Hennen Construction has asked staff to draw from a Letter of Credit that the City has possession of, but staff recommends holding off until the two parties can come to an agreement to allow the City to draw on the Letter of Credit. Again, staff will report to Council at a later date should the City pull from the Letter of Credit. The last item Couri brouFt to the Council's attention was the Hunter's Pass Addition, which is a similar situation to TL 6t Addition. The contractor has not been fully paid by Hunter's Pass for the installation of utilities and streets within the Hunter's Pass Addition. The City is holding a Letter of Credit, which will expire on August 12,2008. The contractor is evaluating the option to bring a suit against the developer and the City seeking payment through the available Letter of Credit. Staffwill report, if necessary, the outcome of the situation. Council members accepted the City Attorney's Update dated Thursday, January 31, 2008 as presented in the February 4, 2008 City Council packet. Albertville-Otsego Updated Road Agreement City Attorney Couri noted that included in the Council packet is an updated Road Improvement between the City of Albertville and the City of Otsego. Couri noted that one portion that has changed since the first draft of the agreement is that CSAH 19 North was linked to MacIver Avenue NE. The link no longer exists within the Road Agreement. The other sections of the Road Agreement that were brought to the Council's attention was Section 4.g.i., which noted that Otsego and Albertville shall each be responsible for the project costs as a prorated portion of the total cost ofthe project to the respective city, less any funding provided by Wright County. The third area of the Road Agreement that was mentioned was Section 4.g.ii, which discussed the funding. It states that Albertville shall initially fund Otsego' s share of the CSAH 19 North Project costs until such time as a final plat is approved for the property in Otsego abutting CSAH 19, which is located between 70th Street NE and 80th Street NE. City Administrator Kruse asked the Council if the amended Road Agreement meets the needs or thoughts ofthe Council. Council stated that there were no additional thoughts from them and there is no need to have additional discussion on the Updated Road Agreement, because they had just met with Otsego Wednesday, January 30 to discuss the issues and concerns of the Road Agreement. MOTION BY Council member Berning, seconded by Council member Fay to authorize staff to forward the attached draft of the Albertville and Otsego CSAH 19 Road Agreement to Otsego for their review and comments with the goal to work out most of the details prior to a joint meeting to be held at 7:00 p.m. on April 28, 2008 at the City of Albertville. Motion carried unanimously. M:\Public Data\City Council\Council Minutes\2008 Minutes\M 02-04-08 Approved.doc City of Albertville City Council Minutes February 4, 2008 Page 7 of9 ADMINISTRATION Approve Request for Payment to City of Otsego in the amount of $466,270 for Albertville's share of MacIver Avenue NE Improvement There were no additional comments regarding the Request for Payment. MOTION BY Council member Berning, seconded by Council member Fay to authorize payment of $466,270 to the City of Otsego in payment of all claims for the MacIver Improvement. Motion carried unanimously. Accept the City Administrator's Written Report City Administrator Kruse shared with the Council that since the report was written Kruse has been approached by Pastor Mark H. Hultquist regarding a proposal to rent the city facility located at 5975 Main Avenue NE. The ministry would hold Sunday services, plus additional activities throughout the week. Council members reported that the initial thought of renting the facility would be for an office type setting. The Council reminded staff that there was a cross-easement as far as the parking lot went, in which Council did not want evening competition with the activities that would be held at City Hall. Therefore, Council advised staff to decline the offer from the Water of Life Lutheran Church to rent the City facility located at 5975 Main Avenue NE. Council members accepted the City Administrator's Update dated Wednesday, January 30, 2008 as presented in the February 4,2008 City Council packet. CITIZENS OPEN FORUM - (continued if necessary) ANNOUNCEMENTS and or UPCOMING MEETINGS February 2008 5 7:00 p.m. 5 7:00 p.m. 11 6:00 p.m. 12 7:00 p.m. 18 all day 19 7:00 p.m. 25 6:00 p.m. 25 7:00 p.m. DFL Caucuses held at Albertville City Hall Republican Caucuses held at STMA Middle School STMA Ice Arena Board meeting Planning and Zoning Commission meeting (cancelled) City Offices closed in observation of Presidents' Day City Council meeting (TUESDA v) Joint Water Board meeting Jt. City Council and Planning & Zoning Commission mtg. M:\Public Data\City Council\Council Minutes\2008 Minutes\M 02-04-08 Approved.doc City of Albertville City Council Minutes February 4,2008 Page 8 of9 March 2008 3 7 :00 p.m. 9 2:00 a.m. 10 6:00 p.m. 11 7:00 p.m. 17 7:00 p.m. 25 6:00 p.m. 31 6:00 p.m. City Council meeting Daylight Savings Begins STMA Ice Arena Board meeting Planning and Zoning Commission meeting City Council meeting Joint Water Board meeting Jt. City of Albertville; City of St. Michael and STMA School Board meeting at Albertville City Hall CLOSED SESSION (Update on Gold Key - Prairie Run Litigation) Mayor Klecker asked for a motion to close the February 4, 2008 regular Council meeting to go into a meeting with Attorney Jason Kuboushek regarding the Gold Key Litigation. MOTION BY Council member Fay, seconded by Council member Berning to close the February 4,2008 regular City Council meeting at 8:44 p.m. for the purpose of being updated on the Gold Key Litigation. Motion carried unanimously. MOTION BY Council member Vetsch, seconded by Mayor Klecker to reconvene the Monday, February 4,2008 regular City Council meeting at 9:02 p.m. Motion carried unanimously. CLOSED SESSION (Barthel Purchase Agreement) Mayor Klecker asked for a motion to close the February 4, 2008 regular Council meeting for the purpose of discussinj the Don Barthel property located within the newly platted Barthel Commercial Park 3f Addition. MOTION BY Council member Vetsch, seconded by Council member Berning to close the February 4, 2008 regular City Council meeting at 9:05 p.m. for the purpose of discussing the Barthel Property Purchase. Motion carried unanimously. MOTION BY Council member Berning, seconded by Council member Fay to reconvene the Monday, February 4,2008 regular City Council meeting at 9:30 p.m. Motion carried unanimously. Following the closed session it was noted that Council members Berning and Fay have their direction on how to proceed with the proposed purchase of the Don Barthel property. M:\Public Data\City Council\Council Minutes\2008 Minutes\M 02-04-08 Approved.doc City of Albertville City Council Minutes February 4, 2008 Page 9 of9 ADJOURNMENT MOTION BY Council member Vetsch, seconded by Council member Berning to adjourn the regular January 22, 2008 City Council meeting at 9:41 p.m. Motion carried unanimously. ~ K~-<,L--- Ron Klecker, Mayor ~ rut~ Bridget Mil , CIty Clerk M:\Public Data\City Council\Council Minutes\2008 Minutes\M 02-04-08 Approved.doc Albertville City Council February 4, 2008 Public Attendance Record Complete a "Request to Speak" card if you PRINT Name Address City want to speak to the council regarding an item that is not on the a1!enda Jane Smith 1325 Any Street NE Albertville No - item on agenda John Doe 1295 Your Street NE Annandale Yes- cars speeding ~'i pe.+er)()'v-\ L\9~ \~Ave." ~ A (lo ~ - ,~""~..rQ._ /0 , I M:\Public Data\City Council\2008 Public Hearing Attendance.doc . \ \) ~ "', "' ~ 0 C) <!-.. ~ ~ V ~ C ~ ~ "-.-C II) ~ ~1 \A, ~ '^ _. 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