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2008-04-07 CC Minutes ~ i\!'?.~t!'!iJ I~ ALBERTVILLE CITY COUNCIL APRIL 7, 2008 MINUTES ALBERTVILLE CITY HALL 7:15 PM PLEDGE OF ALLEGIANCE - CALL TO ORDER Mayor Klecker called the Albertville City Council meeting to order at 7:15 p.m. followed by the Pledge of Allegiance. ROLL CALL PRESENT: Mayor Ron Klecker, Council members John Vetsch, Dan Wagner, LeRoy Berning, and Tom Fay, Assistant City Engineer Adam Nafstad, City Planner Al Brixius, City Attorney Mike Couti, City Administrator Larry Kruse, Finance Director Tina Lannes, Public Works Supervisor Tim Guimont, and City Clerk Bridget Miller ABSENT: none RECOGNITIONS/PRESENTATIONS/INTRODUCTIONS Mayor Klecker wanted to commend the Albertville Fire Department for the great job handling and dealing with the accident on 1-94 and CSAH 37 Saturday, AprilS. It was a very traumatic incident, which was handled very professionally. Klecker went on to thank others in the community that came to the aid such as: Monticello-Big Lake Hospital/Ambulance, Allina, St. Michael Fire Department, Albertville Public Works Department, Father Richards of St. Albert Catholic Church, Mn State Troopers, Wright County Sheriffs Department, all members that brought food and beverages, businesses that provided gas gift cards for family members that traveled to Albertville, and all others that helped out. It was a job well done by everyone and is comforting to know that we have such a great community that pulls together at times like these. 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. Ron Miller 0/6593 Kadler Avenue NE thanked the Mayor, Council, and others present for the great response to the accident on Saturday, AprilS, 2008. Mr. Miller stated he was proud of such a fine community we have. Mr. Miller wanted to congratulate and applaud all who assisted. M:\Public Data\City Council\Council Minutes\2008 Minutes\M 04-07-08 Approved.doc City of Albertville City Council Minutes April 7, 2008 Page 2 of 12 Karen Lund of Precision Auto Repair informed the Council that she had concerns with the Sign Ordinance. Ms. Lund had been in contact with staff, who recommended discussing the possibility of amending the Ordinance. The amendment would be to consider wall signage, which Ms. Lund's business is located within a multi-tenant building and would like to be allowed additional signage. Council listened to Ms. Lund's concern and turned it over to staff to research and prepare amendments to the 2005 Albertville Municipal City Code. AMENDMENTS TO THE AGENDA Council member Vetsch added an item under Administration regarding Revolving Loan Funds. City Administrator Kruse added an item under Administration also regarding STMA School's Request to re-Iocate a garage. City Planner Brixius asked to add under Planning a verbal Project Status Update. MOTION BY Council member Wagner, seconded by Council member Berning to approve the Monday, April 7, 2008 regular Albertville City Council agenda as amended. Motion carried unanimously. MINUTES Monday, March 17, 2008 regular City Council minutes Monday, March 31, 2008joint City of Albertville, City ofSt. Michael, and STMA School Board meeting minutes Monday, March 31, 2008joint City Council and Planning & Zoning Commission meeting minutes Mayor Klecker asked the Council if there were any changes to the Monday, March 17, 2008 regular City Council minutes; Monday, March 31, 2008 joint City of Albertville, City of S1. Michael, and STMA School Board meeting minutes; and Monday, March 31, 2008 joint City Council and Planning & Zoning Commission meeting minutes. MOTION BY Council member Berning, seconded by Council member Fay to approve the Monday, March 17,2008 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\2008 Minutes\M 04-07-08 Approved.doc City of Albertville City Council Minutes April 7, 2008 Page 3 of 12 MOTION BY Council member Vetsch, seconded by Council member Wagner to approve the Monday, March 31,2008 joint City of Albertville, City of St. Michael, and STMA School Board meeting minutes as presented, and on file in the office of the City Clerk. Mayor Klecker, Council members Fay, Vetsch, and Wagner voted aye. Council member Berning abstained. Motion carried. MOTION BY Council member Vetsch, seconded by Council member Wagner to approve the Monday, March 31, 2008 joint City Council and Planning & Zoning Commission meeting minutes as presented, and on file in the office of the City Clerk. Mayor Klecker, Council members Fay, Vetsch, and Wagner voted aye. Council member Berning abstained. Motion carried. CONSENT AGENDA a CONSENT AGENDA All items with an asterisk (a) 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 Fay, seconded by Council member Wagner to approve the consent agenda pulling item 8.E.2. Approve Resolution No. 2008-018 entitled a Resolution Authorizing and Documenting Inter-fund Loan, 8.E.3. Approve Resolution No. 2008-019 entitled a Resolution Authorizing and Documenting Inter-fund Loan/Advances, 8.EA. Approve Resolution No. 2008-020 entitled a Resolution Authorizing and Documenting Inter-fund Loan for Tax Increment Financing (TIF) District No.1 0, and 8.E.5. Approve Resolution No. 2008- 021 entitled a Resolution Authorizing and Documenting Inter-fund Loan for Tax Increment Financing (TIF) District No. 11, which required separate discussions and motions that will be on file in the office of the City Clerk. Motion carried unanimously. DEPARTMENT BUSINESS FIRE DEPARTMENT Standard Operating Guidelines (no action necessary, for your review) City Administrator Kruse brought to the Council's attention that included in the packet for their review was an updated version of the Standards of Operation Guides. Kruse noted the section that talks about the Election of Officers, which should be approved by Council. Kruse M:\Public Data\City Council\Council Minutes\2008 Minutes\M 04-07-08 Approved.doc City of Albertville City Council Minutes April 7, 2008 Page 4 of 12 mentioned that Council has expressed an interest in knowing more about the process of electing the Fire Chief, Assistant Fire Chief, and other officers. This would be an opportunity for the Council to amend the procedure. PUBLIC WORKS DEPARTMENT - no comments UTILITIES DEPARTMENT (WWTP) - no comments BUILDING DEPARTMENT - no comments FINANCE DEPARTMENT . Approve the Monday, April 7, 2008 Payment of Claims (bills) for check numbers 025480 to 025539 MOTION BY Council member Fay, seconded by Council member Wagner authorizing the Monday, April 7, 2008 Payment of Claims (bills) for check numbers 025480 to 025539 as presented except the bills specifically pulled, which are passed by separate motion. Motion carried unanimously. Approve Resolution No. 2008-018 entitled a Resolution Authorizing and Documenting Inter- fund Loan Finance Director Lannes reported that the Auditing Standards have recently changed, which require the record by Resolution of covering funds with a negative balance(s). Lannes briefly explained briefly that money was being borrowed from various funds to cover those with a negative balance, which money will be coming in to the City over "X" number of years. An example would be the Stormwater Pond, which was assessed over "X" number of years. The City is temporarily borrowing funds from another area to cover the negative balance until all of the assessments have been paid. MOTION BY Council member Berning, seconded by Council member Wagner to approve Resolution No. 2008-018 entitled a Resolution Authorizing and Documenting Inter-fund Loan to Fund Negative Fund Balances. M:\Public Data\City Council\Council Minutes\2008 Minutes\M 04-07-08 Approved.doc City of Albertville City Council Minutes April 7, 2008 Page 5 of 12 Approve Resolution No. 2008-019 entitled a Resolution Authorizing and Documenting Inter- fund Loan! Advances MOTION BY Council member Berning, seconded by Council member Wagner to approve Resolution No. 2008-019 entitled a Resolution Authorizing and Documenting Inter-fund Loan/Advances from Sewer Access Fund (204). Motion carried unanimously. Approve Resolution No. 2008-020 entitled a Resolution Authorizing and Documenting Inter- fund Loan for Tax Increment Financing (TIF) District No. 10 Finance Director Lannes explained that Resolutions 2008-020 and 2008-021 are separate resolutions because they deal with two different Tax Increment Finance (TIF) Districts. MOTION BY Council member Berning, seconded by Council member Wagner to approve Resolution No. 2008-020 entitled a Resolution Authorizing and Documenting Inter-fund Loan from the Sewer Access Fund for Tax Increment Financing District No. 10. Motion carried unanimously. Approve Resolution No. 2008-021 entitled a Resolution Authorizing and Documenting Inter- fund Loanfor Tax Increment Financing (TIF) District No. 11 MOTION BY Council member Berning, seconded by Council member Wagner to approve Resolution No. 2008-021 entitled a Resolution Authorizing and Documenting Inter-fund Loan from the Sewer Access Fund for Tax Increment Financing District No. 11. Motion carried unanimously. Approve Resolution No. 2008-022 entitled a Resolution Transfer Funds Finance Director Lannes explained this is another situation that requires a separate resolution. These are actual transfers from one fund to another fund. MOTION BY Council member Wagner, seconded by Council member Fay to approve Resolution No. 2008-022 entitled a Resolution to Transfer Funds. Motion carried unanimously. Accept the Finance Director's Project Status Update and Financial Reports Council members accepted the Finance Director's Monthly Report dated April 1, 2008 as presented in the April 7, 2008 City Council packet. M:\Public Data\City Council\Council Minutes\2008 Minutes\M 04-07-08 Approved.doc City of Albertville City Council Minutes April 7, 2008 Page 6 of 12 CITY CLERK .Approve a Minnesota Lawful Gambling LG220 Application from the St. Albert Catholic Churchfor an event to be held at the St. Albert Parish Center for an event to be held on Sunday, July 20, 2008, in which Bingo, Raffles, Paddlewheels, Pull-Tabs, and Tipboards will be sold during the event as a fundraiser Council member Fay, seconded by Council member Wagner to approve a Minnesota Lawful Gambling LG220 Application from the St. Albert Catholic Church for an event to be held at the St. Albert Parish Center for an event to be held on Sunday, July 20, 2008, in which Bingo, Raffles, Paddlewheels, Pull-Tabs, and Tipboards will be sold during the event as a fundraiser, which has been submitted to the City Clerk for Council approval. Motion carried unanimously. Alcohol and Gambling Enforcement - Full Moon Saloon (no action, for your review) City Clerk Miller wanted to bring the violation to the Council's attention. No action is needed regarding the violation. Mr. Mabusth has submitted his payment, Liquor License Renewal Application, Certificate of Insurance, and has made payment to the State of Minnesota for the violation. PLANNING AND ZONING Project Status Update (verbal) City Planner Brixius updated the Council on planning items that will be coming before the Council in the near future. One item was the Dominion Townhomes located off of CSAH 37 known as Westwind 3rd Addition. A concept plan for the site was presented in 2007. Since then, staff has been working with the applicant who presented a Site and Building Plan Review to the Planning and Zoning Commission at the March 11, 2008 meeting. There was one resident who expressed concern for additional screening. Staff will present the revised plans to Council at the April 21, 2008 City Council meeting. Albertville Marketplace has been in contact with staff regarding the proposed restaurant. The Site and Building Plan has been revised since Council's approval. Brixius recommends bringing the Site and Building Plan Review back to Council for approval of the changes made. Last item Brixius reported on was the Tom Schutte development to be located in Albert Villas ih Addition. Brixius brought to Mr. Schutte's attention that Council and Planning & Zoning Commission members, and staffhave toured the Guardian Angels housing in Elk River. M:\Public Data\City Council\Council Minutes\2008 Minutes\M 04-07-08 Approved.doc City of Albertville City Council Minutes April 7, 2008 Page 7 of 12 ENGINEERING Accept the Assistant City Engineer's Progress Report Assistant City Engineer Nafstad discussed in more detail the CSAH 19 South Project noting that staff is working with Wright County and MnDOT to address concerns with the recent speed limit authorized. The minutes that reflected the Council's concern regarding the speed limit were published in the Crow River News, which the County brought to the State's attention. Nafstad then brought up that the majority of the work has been completed regarding the Albertville Premium Outlets berm. The only portiones) left are the final grading and restoration of both the Mall's site and the Roden property, which will occur within the next few weeks. Council member Berning brought up the CSAH 37 west Utility Extension that involved the Niemeyer Trailer Sales development. Staff is working on preparing the preliminary engineering report for the extension of utilities to serve the three parcels north of CSAH 37 and west of Kadler Avenue NE. 90uncil members accepted the Assistant City Engineer's Progress Report dated March 28,2008 as presented in the April 7, 2008 City Council packet. 70th Street NE Payment Requestfor Council Action Assistant City Engineer Nafstad reported that Pay Estimate No.2 includes all work completed to date and a $9,151 deduction for failing bituminous densities. There is approximately 580 feet of bituminous that needs to be removed and replaced, because it failed the density requirement standards. Pay Estimate No.2 also includes two (2) change orders. Change Order No.1, for $17,745.09, is not to be included as part of the cost sharing and is entirely the responsibility of Otsego. Change Order No.2 includes some minor culvert revisions in the amount of$1,503.79, which is intended to be shared (50/50) between the two Cities. MOTION BY Council member Vetsch, seconded by Council member Fay to accept the City Engineer's (BMI) Recommendation for Partial Payment Request No.2 to the City of Otsego in the amount of$38,712.81 for the 70th Street NE Improvement. Motion carried unanimously. Cedar Creek Interim Stormwater Rate Change Request for Council Action Assistant City Engineer Nafstad informed the Council that he was recently informed that the Golf Course was not billed a bi-monthly stormwater fee for the course itself. However, the Golf Course had been receiving a stormwater fee for approximately 2.75 acres of land that is consumed by the clubhouse and parking facility. When the City discovered that the utility fee M:\Public Data\City Council\Council Minutes\2008 Minutes\M 04-07-08 Approved.doc City of Albertville City Council Minutes April 7, 2008 Page 8 of 12 was not being charged to the entire property, adjustments were made to account for the entire acreage. It is understood that the acreage not previously accounted for is now charged at the non-residential rate for properties with 0 - 5% impervious cover and the 2.75 acres of clubhouse property remains at the non-residential rate for properties with 66-100% of impervious cover. Nafstad stated that it is his understanding that the Golf Course has raised some concern regarding the recent change to their utility fee. Nafstad went on to explain that it is recommended that the City consider a bi-monthly stormwater rate that is unique to the Golf Course and reflective of the stormwater management qualities inherent to the facility. Without performing a comprehensive rate study, it is believed that a rate of $3.50 applied to the usable acres, is justifiable. This amount falls between the flat fee of $7 applied to a residential parcel and that of $0 charged to agricultural land. It is believed that this amount acknowledges the stormwater qualities ofthe facility, yet recognizes the fact that it is a developed parcel that is dependant upon City infrastructure (Ditch No.9). The Council made the following motion after a lengthy discussion on the special Golf Course Stormwater Rate to charge. MOTION BY Council member Vetsch, seconded by Council member Wagner to adopt an interim bi-monthly stormwater rate of $2.00 per usable acre for Cedar Creek Golf Course thus reflecting the stormwater management qualities inherent to the property. Further, that after completion of the Stormwater Management Study this rate and acreage will be reviewed when more information is available. Motion carried unanimously. City Attorney Couri reported that he would prepare an Ordinance amending the 2005 Albertville Municipal City Code reflecting the special Golf Course Stormwater bi-monthly rate. Adding and Deleting Municipal State Aid Streets Assistant City Engineer Nafstad noted that every year staff reviews and makes recommendation changes to the City's Municipal State Aid Streets (MSAS). Resolution No. 2008-016 is a Resolution that revokes some MSAS within the Albertville city limits. Resolution No. 2008-017 is a Resolution establishing some additional MSAS within the Albertville city limits. MOTION BY Council member Fay, seconded by Council member Berning to approve Resolution No. 2008-016 entitled a Resolution Revoking some Municipal State Aid Streets. Motion carried unanimously. M:\Public Data\City Council\Council Minutes\2008 Minutes\M 04-07-08 Approved.doc City of Albertville City Council Minutes April 7, 2008 Page 9 of 12 MOTION BY Council member Fay, seconded by Council member Berning to approve Resolution No. 2008-017 entitled a Resolution Establishing some Additional Municipal State Aid Streets. Motion carried unanimously. LEGAL Accept the City Attorney's Monthly Update City Attorney Couri touched briefly on the Tax Increment Finance (TIF) audit, which Finance Director Lannes, City Administrator Kruse and himself will be meeting with the County Attorney on Friday, April 11, 2008. Staffwill report back to Council the outcome of the meeting. Council members accepted the City Attorney's Monthly Report dated April 3, 2008 as presented in the April 7, 2008 City Council packet. ADMINISTRA nON Accept the City Administrator's Written Report City Administrator Kruse asked if the Council had any questions or concerns regarding his written report. Council members accepted the City Administrator's Written Report dated April 3, 2008 as presented in the April 7, 2008 City Council packet. Furnace and Air Conditioner replacement 5975 Main Avenue HE. Request for Council Action City Administrator Kruse brought to the Council's attention that there are two furnaces in the 5975 Main Avenue N.E. building (former City Hall). The building was constructed in the 1970s, and some of the mechanical systems are becoming obsolete and DJ's reported parts are not available to repair them. One of the furnaces failed about six weeks ago, and the second furnace was enough to maintain the building at a low temperature. In the meantime, both DJ's and B&D prepared quotes to replace the furnace units. The old furnaces are 60% efficient and the new 92-95% efficient models save 35% on fuel. The new 13 SEER air conditioners are also more efficient. Finance Director Lannes has calculated a $400 per year savings for the heating and the air conditioning, savings would be somewhat less than that. In recent years, we have been spending $400 a year on air conditioning repairs. Assuming a $1,000 savings per year would result in a 10 year payback. M:\Public Data\City Council\Council Minutes\2008 Minutes\M 04-07-08 Approved.doc City of Albertville City Council Minutes April 7, 2008 Page 10 of 12 MOTION BY Council member Fay, seconded by Council member Wagner to accept the quote from DJ's Heating and Air conditioning to install two furnaces with 90% efficient furnaces at a cost not to exceed $5,885 and to replace the two air conditioner units with new 13 SEER 3 ton units at a cost not to exceed $34,680 for a total cost of$10,565 to include a 10-year warranty with funds coming from the Capital Equipment Fund. Mayor Klecker, Council members Vetsch, Fay, and Wagner voted aye. Council member Berning abstained. Motion carried. Revolving Loan Fund City Administrator Kruse suggested that Council member Vetsch could stop by City Hall to discuss the Revolving Loan Fund. STMA School Request to re-locate a garage City Administrator Kruse reported that the STMA Maintenance Supervisor asked if the STMA School District could re-locate a garage from another site to the current STMA High School located on 50th Street NE. The STMA School District would place it near the students' parking lot. After discussing the re-location, Council denied the possibility of re-locating the garage to the 50th Street NE School site. The type of exterior materials does not meet the current City Code requirements. ANNOUNCEMENTS and or UPCOMING MEETINGS Mayor Klecker noted the upcoming meetings - calendar of events. It was recommended to re- schedule the upcoming Parks and Recreation meeting to the 4th Monday of April; therefore changing it from Monday, April 14 to Monday, April 28. The Committee of the Whole meeting is being re-scheduled to Monday, April 21, 2008 following the regular City Council meeting. Council member Wagner questioned the May 17,2008 Albertville-St. Michael Spring Clean-up and whether there was a need for volunteers or enough help. PW Supervisor Guimont commented the PW staff takes turns helping out. City Clerk Miller shared that office staff assists with the receipting of the funds. April 2008 8 7:00 p.m. 14 6:00 p.m. 21 7:00 p.m. 21 following Planning and Zoning Commission meeting (cancelled) STMA Ice Arena Board meeting City Council meeting Committee of the Whole Workshop M:\Public Data\City Council\Council Minutes\2008 Minutes\M 04-07-08 Approved.doc City of Albertville City Council Minutes April 7, 2008 Page 11 of 12 April 2008 (continued) 28 6:00 p.m. Joint Water Board meeting 28 7:30 p.m. Parks and Recreation Committee May 2008 5 7:00 p.m. 12 6:00 p.m. 13 7:00 p.m. 17 7:00 a.m. 19 7:00 p.m. 26 all day 27 6:00 p.m. 28 7:00 p.m. June 2008 2 7:00 p.m. 9 6:00 p.m. 10 7:00 p.m. 13 5:00 p.m. 16 7:00 p.m. 23 6:00 p.m. 30 7:00 p.m. City Council meeting STMA Ice Arena Board meeting Planning and Zoning Commission meeting Albertville-St. Michael Spring Clean-up Day (held at St. Michael Public Works facility) City Council meeting Memorial Day observed - City Offices closed Joint Powers Water Board meeting (TUESDAY) Jt. City of Albertville-City ofOtsego Workshop (Albertville) City Council meeting STMA Ice Arena Board meeting Planning and Zoning Commission meeting Albertville Friendly City Days Softball Challenge City Council meeting Joint Powers Water Board meeting Committee ofthe Whole Workshop (tentative) TEMPORARILY ADJOURNMENT TO CLOSED MEETING MOTION BY Council member Berning, seconded by Council member Fay to close the Monday, April 7, 2008 regular City Council meeting to go into a closed session to discuss the threatened lawsuit regarding SJ. Louis and Minnesota Development Agency (Hunter's Pass Estates). Motion carried unanimously. CLOSED MEETING TO DISCUSS THREATENED LAWSUIT REGARDING S.J. LOUIS AND MINNESOTA DEVELOPMENT AGENCY (HUNTER'S PASS) Meeting was closed at 9:25 p.m. to discuss the threatened lawsuit regarding S.J. Louis and Minnesota Development Agency (a.k.a. Hunter's Pass Estates). RECONVENE REGULAR MEETING AND AJOURN TO COMMITTEE OF THE WHOLE MEETING (five minute break) M:\Public Data\City Council\Council Minutes\2008 Minutes\M 04-07-08 Approved.doc City of Albertville City Council Minutes April 7, 2008 Page 12 of 12 MOTION BY Council member Berning, seconded by Council member Wagner to reconvene the Monday, April 7, 2008 regular City Council meeting at 9:41 p.m., which the Council will go into a Committee of the Whole meeting. Motion carried unanimously. ADJOURNMENT MOTION BY Council member Berning, seconded by Council member Fay to adjourn the Monday, April 7, 2008 regular City Council meeting at 10:01 p.m. Motion carried unanimously. Q~<<A~~ Ron Klecker, Mayor ~~~~ Bridget Mill , City Clerk M:\Public Data\City Council\Council Minutes\2008 Minutes\M 04-07-08 Approved.doc Albertville City Council April 7, 2008 Public Attendance Record ~:I "(~,.(". 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 a!!enda Jane Smith 1325 Any Street N E Albertville No - item on agenda John Doe 1295 Your Street NE Annandale Yes- cars speeding M:\Public Data\City Council\2008 Public Hearing Attendance.doc