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2008-05-05 CC MinutesA,lbertville ALBERTVILLE CITY COUNCIL MAY 5, 2008 MINUTES ALBERTVILLE CITY HALL PLEDGE OF ALLEGIANCE - CALL TO ORDER 7:00 PM 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 Dan Wagner, Tom Fay, John Vetsch, and LeRoy Berning, Assistant City Engineer Adam Nafstad, City Planner Al Brixius, City Attorney Mike Couri, City Administrator Larry Kruse, Finance Director Tina Lannes, and City Clerk Bridget Miller ABSENT: none RECOGNITIONS - PRESENTATIONS - INTRODUCTIONS — no comments 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. AMENDMENTS TO THE AGENDA Mayor Klecker added two items under Administration, which were (1) basketball hoops and or soccer nets and (2) installation of seasonal crosswalk signs near the Albertville Primary School and St. Albert Catholic Church. Council member Fay added an item under Planning, which was to discuss new Emma Krumbee's Restaurant. City Administrator Kruse added two items under Administration, which consisted of (1) purchasing a defibulator for City Hall and (2) update on MAPublic Data\City Council\Council Minutes\2008 Minutes\M 05-05-08 Approved.doc City of Albertville City Council Minutes May 5, 2008 Page 2 of 12 Bill Hunter drainage issue. Council member Berning added an item under Administration, which was to discuss Slumberland's request to put a temporary POD on site. MOTION BY Council member Wagner, seconded by Council member Fay to approve the Monday, May 5, 2008 regular Albertville City Council agenda as amended. Motion carried unanimously. MINUTES April 21, 2008 regular City Council minutes April 21, 2008 Committee of the Whole minutes Mayor Klecker asked the Council if there were any changes to the April 21, 2008 regular City Council minutes; and April 21, 2008 Committee of the Whole minutes. MOTION BY Council member Wagner, seconded by Council member Berning to approve the Monday, April 21, 2008 regular City Council 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 Fay to approve the Monday, April 21, 2008 Committee of the Whole minutes as amended, and on file in the office of the City Clerk. Motion carried unanimously. CONSENT AGENDA CONSENT AGENDA All items with an asterisk (0) 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, which there were no items pulled from the consent agenda. MOTION BY Council member Wagner, seconded by Council member Vetsch to approve the consent agenda pulling no items, which the item will be removed from the General Order of Business and considered in its normal sequence on the agenda and will require a separate motion. Motion carried unanimously. MAPublic Data\City Council\Council Minutes\2008 Minutes\M 05-05-08 Approved.doc City of Albertville City Council Minutes May 5, 2008 Page 3 of 12 DEPARTMENT BUSINESS FIRE DEPARTMENT — no comments PUBLIC WORKS DEPARTMENT — no comments UTILITIES DEPARTMENT (WWTP) — no comments BUILDING DEPARTMENT W Accept the Building Official's Building Department Plan Review Update MOTION BY Council member Wagner, seconded by Council member Vetsch to accept the Building Official's Building Department Plan Review Update as presented (unless pulled from the Consent Agenda, which will require a separate discussion from the Consent Agenda and a separate motion from the Consent Agenda). Motion carried unanimously. FINANCE DEPARTMENT Approve the Monday, May 5, 2008 Payment of Claims (bills) for check numbers 025591 to 025652 MOTION BY Council member Wagner, seconded by Council member Vetsch authorizing the May 5, 2008 payment of the claims that includes check numbers 025591 to 025652 as presented except the bills specifically pulled, which will require a separate discussion from the Consent Agenda and a separate motion from the Consent Agenda. Motion carried unanimously. Approve Resolution No. 2008-026 entitled a Resolution Amending Resolution No. 2007-75 Setting Fees for Various Services within the City of Albertville MOTION BY Council member Wagner, seconded by Council member Vetsch to approve Resolution No. 2008-026 entitled a Resolution Amending Resolution No. 2007-75 Setting Fees for Various Services within the City of Albertville as presented (unless pulled from the Consent Agenda, which will require a separate discussion from the Consent Agenda and a separate motion from the Consent Agenda) and will be on file in the office of the City Clerk. Motion carried unanimously. M:\Public Data\City Council\Council Minutes\2008 Minutes\M 05-05-08 Approved.doc City of Albertville City Council Minutes May 5, 2008 Page 4 of 12 Accept the Finance Director's Project Status Update and Financial Reports Finance Director Lannes reviewed the Financial Reports that were included in the May 5, 2008 regular Council packet. Lannes informed the Council that staff is working with the City Attorney to pull from the Minnesota Development Agency's letter of credit for the outstanding invoices. Lannes reported that Albertville Holdings is another developer that has been turned over to the City Attorney for further action. Finance Director Lannes asked if the Council had any questions or concerns regarding the monthly Financial Reports. Council members accepted the Finance Director's Monthly Report dated April 30, 2008 as presented in the May 5, 2008 City Council packet. CITY CLERK Approve Three (3) 1-Day 3.2 % Malt Liquor License Applications from the Albertville Knights of Columbus for the annual Albertville Friendly City Days event to be held within the Albertville Central -City Park from Friday, June 13 through Sunday, June 15 MOTION BY Council member Wagner, seconded by Council member Vetsch to approve Three (3) 1-Day 3.2 % Malt Liquor License Applications from the Albertville Knights of Columbus for the annual Albertville Friendly City Days event to be held within the Albertville Central -City Park from Friday, June 13 through Sunday, June 15 as presented (unless pulled from the Consent Agenda, which will require a separate discussion from the Consent Agenda and a separate motion from the Consent Agenda) and will be on file in the office of the City Clerk. Motion carried unanimously. PLANNING AND ZONING City Planner's NE Albertville Comprehensive Plan Amendment Workshop Summary Report (discussion item) City Planner Brixius began by reminding the Council that on Monday, March 31, 2008 the City Council along with the Planning and Zoning Commission held a NE Comprehensive workshop. The property owners within the area were invited to express their concerns and opinions with the proposed installation of sewer and water. Brixius went on to review the report noting that the property owners along CSAH 37 were concerned with the future land use designations of commercial, medium, and high density residential to the north in the City of Otsego. The property owners were open to the idea of zoning these properties commercial. The southeast area property owners were open to the idea of zoning the corner and the immediate surrounding area commercial to allow billboards. The single-family homeowners feel that the neighborhood M:\Public Data\City Council\Council Minutes\2008 Minutes\M 05-05-08 Approved.doc City of Albertville City Council Minutes May 5, 2008 Page 5 of 12 will lose its integrity and value. Some suggested more single-family dwellings, while others suggested re -development in a phased approach. Brixius noted the transportation issues that were expressed during the workshop, traffic speeds and volume on CSAH 37. There is the potential need for a traffic signal and turn lanes at CSAH 37 and MacKenzie Avenue NE. There is the need for a street connection from the Zachman property to 55th Street NE. There was resistance to 56th Street NE as a through street to the Industrial area. There is a definite need to repair the residential streets, which property owners want to see specific roads repaired that would include 58th Street NE and the cul-de-sac. Brixius concluded with the fact that staff is looking for Council direction regarding strategies for land use, transportation issues, and extension of utilities to the NE Quadrant. Staff noted that property owner Mike Potter was not interested at this time in hooking up to city utilities or developing the land. There was discussion on whether to re -zone the parcels. Council made a suggestion to amend the Comprehensive Plan to incorporate the language that this is only a "Concept" of land use and that the current zoning would not change. Staff stated that if Council agrees to move forward with amending the Albertville Comprehensive Plan, this would require a public hearing. That means the amendment would go before the Planning and Zoning Commission, which would include a public hearing. As part of the public hearing, notices would be sent to the appropriate property owners. Following the Planning Commission meeting it would then come before the City Council, which a formal approval of the amendment needs to be made by the Council. The main topic of the discussion was the approval of the Land Use Concept. Some Council members viewed the amendment as a land locked zoning, and that any developer would see it as zoned commercial or residential and yet not realize that this is only a "Concept Plan". After a lengthy discussion, Mayor Klecker made a recommendation to move forward with the five (5) year utilities plan and road improvement. MOTION BY Council member Berning, seconded by Council member Fay to move forward with the five (5) year infrastructure, which will include the utilities plan and road improvements, and leave the Comprehensive Plan as it stands. Motion carried unanimously. Slumberland's Request City Planner Brixius reported that Slumberland would like the City's permission to place a POD Storage unit on the site. The POD will be used to collect used furniture to donate to low-income families. The dates of the collection will be from June 1 to June 7. In addition to the POD MAPublic DataTity Council\Council Minutes\2008 Minutes\M 05-05-08 Approved.doc City of Albertville City Council Minutes May 5, 2008 Page 6 of 12 Storage unit, Slumberland would like temporary signage to get the message out to the general public. Council directed staff to obtain the location of the POD, type of POD storage unit; how Slumberland plans to deal with the overage of donated items should the POD become full. ENGINEERING — no comments LEGAL Approve Ordinance No. 2008-004 entitled an Ordinance Amending Title 3, Chapter 5, Section 2 Related to Fire Protection and Emergency Response Fees MOTION BY Council member Wagner, seconded by Council member Vetsch to approve Ordinance No. 2008-004 entitled an Ordinance Amending Title 3, Chapter 5, Section 2 Related to Fire Protection and Emergency Response Fees as presented (unless pulled from the Consent Agenda, which will require a separate discussion from the Consent Agenda and a separate motion from the Consent Agenda) and will be on file in the office of the City Clerk. Motion carried unanimously. Accept the City Attorney's Monthly Report City Attorney Couri asked the Council if they had any questions or concerns regarding the Attorney's report. Council members accepted the City Attorney's Monthly Report dated April 30, 2008 as presented in the May 5, 2008 City Council packet. Approve Ordinance No. 2008-001 entitled an Ordinance Amending Title 8; Chapter 4; Section 2 of the 2005 Albertville Municipal City Code Relating to Liquor Consumption on Public Property City Attorney Couri began by stating this is the same ordinance that was presented to Council at the April 21, 2008 meeting. Council was encouraged to contact their homeowner's insurance agent and inquire how much it would cost to obtain temporary coverage of City Hall for an event where alcohol would be consumed. Council member Vetsch reported that it would cost him about $50 to get coverage. City Administrator Kruse informed the Council it would cost him about $7 for a one-time event. Mayor Klecker contacted his homeowner's insurance agent and it would cost about $25 for the M:\Public Data\City Council\Council Minutes\2008 Minutes\M 05-05-08 Approved.doc City of Albertville City Council Minutes May 5, 2008 Page 7of12 one -day event. The amount of coverage was as low as $300,000 up to the required $500,000 for dram shop insurance. After careful consideration of the pros and cons to allow alcohol consumption within the Albertville City Hall located at 5959 Main Avenue NE, the Council came to the following decision, which was to approve the Ordinance. MOTION BY Council member Berning, seconded by Council member Fay to approve Ordinance No. 2008-001 entitled an Ordinance Amending Title 8; Chapter 4; Section 2 of the 2005 Albertville Municipal City Code Relating to Liquor Consumption on Public Property, which will be effective upon publication and on file in the office of the City Clerk. Motion carried unanimously. ADMINISTRATION City Employees serving on the Fire Department as a Volunteer Firefighter City Administrator Kruse reported that both the Fire Department and City Employees have expressed an interest in City Employees joining the Albertville Fire Department. The Fire Department is short on volunteers who can respond during the day. Most volunteer firefighters work outside the City and are not available to respond. Kruse informed the Council of the key issues regarding City Employees serving on the Albertville Fire Department. The costs associated with paying a full-time employee their regular wage and overtime for training and emergency calls. The need to backfill hours lost to the department for essential duties. Morale issues with pay differentials between volunteers and full-time employees. After evaluating whether to allow City Employees to serve as Volunteer Firefighters the following motion was made. MOTION BY Council member Berning, seconded by Council member Fay to allow City Employees, once they have completed Firefighter I and Emergency First Responder (First Aid) Training, to act as a Firefighter during working hours. Employees are to complete both the initial Firefighter I and First Aid component with the City paying the tuition for those classes. Once trained and assigned to the Department, the active Employee/Firefighter will be paid their regular rate of pay for fire calls, Firefighter II class and all continuing education training which must be coordinated with their supervisor to take an equal amount of time off during the remainder of the pay period to equal 80 hours to avoid overtime. Employees will be paid overtime if the emergency calls happen late in the pay period when the supervisor cannot reasonably schedule time off prior to the end of the pay period. City employees will only respond to fire calls during regularly scheduled working hours. A policy for exception for major incidents will be developed. The full time City employee will not be eligible to participate in the Albertville Volunteer Firefighters Relief Association, but will receive regular Coordinated Public Employees Retirement Association (PERA) retirement. Employees will be selected for Firefighting duties M:\Public Data\City Council\Council Minutes\2008 Minutes\M 05-05-08 Approved.doc City of Albertville City Council Minutes May 5, 2008 Page 8of12 based on education, skills and experience. The number of full time employees allowed to serve as Firefighters is limited to twenty percent (20%) of the total number of full time City employees. Further, the Council hereby directs staff to draft changes to the Personnel Policy that will regulate this activity and present to the Council by June 16, 2008. Motion carried unanimously. Senior Housing Study — City City Administrator Kruse stated that Council member Fay and he met with Barb Rode, CEO of St. Therese in New Hope and Dan Gannon of Catholic Senior Services Division. Both Dan and Barb expressed an interest in working with the City of Albertville. Dan and Barb conducted a housing study about five (5) years ago, which they believed the study was sponsored by the St. Michael Catholic Church. The study showed that the market was not ripe for a facility at that time; however, Dan and Barb would like to see an updated study and then proceed. Kruse went on to inform the Council that Dan Dixon, President/CEO of Guardian Angels of Elk River has submitted a proposal to provide research and consulting services to Guardian Angels of Elk River and the City of Albertville to assess the potential demand for Senior Housing with services in Albertville. Following the discussion and careful consideration the Council agreed to the motion made below. MOTION BY Council member Vetsch, seconded by Council member Berning to accept a proposal from Maxfield Research Inc. to both the City of Albertville and Guardian Angels to complete a comprehensive housing study. The initial Preliminary Demand cost is proposed at $3,600 that will be split 50-50 between the City and the Guardian Angels, which the City's portion shall be taken from the Reserves. Council suggested putting the amount in the 2009 Budget to replenish the Reserves. Motion carried unanimously. Rental of City Hall City Administrator Kruse informed the Council that inFIT Training LLC was interested in renting the previous City Hall, address of 5975 Main Avenue NE. Ms. Laura Gifford is the owner -operator of the business. Ms. Laura Gifford of 11165 — 18th Street NE St. Michael explained to the Council that she began her business out of her home in St. Michael, which she learned after the fact it was in violation of City ordinances. Her business offers adult and youth fitness programs at a minimal fee. Ms. Gifford is pleased now with what a success the business has become and that she is currently looking for a larger facility to accommodate the number of participants. MAPublic Data\City Council\Council Minutes\2008 Minutes\M 05-05-08 Approved.doc City of Albertville City Council Minutes May 5, 2008 Page 9 of 12 Council inquired as to how many customers or vehicles to expect in the cross -shared parking lot. Council also asked what the hours of operation for her business would be. Ms. Gifford stated there would be a minimum of 5 vehicles, which would be staff. Beyond staff vehicles, Gifford estimated anywhere from 10-15 additional vehicles parked in the parking lot. Gifford informed the Council that the adults that take the classes generally carpool. As far as the youth, parents drop them off and return to pick them up when the class is over. Following the explanation of cars, Ms. Gifford informed the Council of the hours of operations, of which she would not be open on Sundays. There was discussion and concern with the number of vehicles in the parking lot and how many were designated for the previous City Hall facility. City Planner Brixius reported that staff has calculated out how many stalls would be designated to the City Hall facility. Brixius also noted that inFIT Training LLC is a business, which meets the B-4 Limited Business zoning classifications. The following motion was made after the discussion. MOTION BY Council member Vetsch, seconded by Council member Wagner to accept inFIT Training, LLC offer to lease the 5975 Main Avenue NE facility for one-year starting May 15, 2008 at a rate of $8.00 per square foot ($1,546.67), plus sales tax, triple net with the Lessee paying property taxes ($9,000/yr.), building insurance ($600/yr.) and utilities. The City shall maintain the lawn and perform the majority of the removal of snow from the sidewalk and parking lot. The Lessee shall have the option to renew the lease for one additional year with the Lessee's rate adjusted for inflation equal to the Consumer Price Index not to exceed 6%. Lessee is authorized to complete leasehold improvements to install a doorway between the first and second office(s) in the southeast portion of the building and to paint the interior of the building, with the Lessee paying of all lease hold improvements. Employee parking shall be on the west side of the building. Lessee shall pay the first month's lease payment, property taxes and insurance ($2,346.67) plus 6.5% sales tax to the City and a deposit of equal amount. The City Attorney is directed to draft a lease documenting these and other terms at the City Attorney's discretion. Motion carried unanimously. Accept the City Administrator's Written Report Council members accepted the City Administrator's Written Report dated May 2, 2008 as presented in the May 5, 2008 City Council packet. Basketball Hoops and or Soccer/Hockey Nets in the Right -of -Way Mayor Klecker reported that it was brought up at the Parks and Recreation Committee meeting there are more and more basketball hoops and soccer/hockey nets in the streets. MAPublic Data\City Council\Council Minutes\2008 Minutes\M 05-05-08 Approved.doc City of Albertville City Council Minutes May 5, 2008 Page 10 of 12 Council directed staff to obtain the location or addresses of these basketball hoops and or soccer/hockey nets. Following the location, staff is then to send written notification that these recreational items are in violation to the City's Code and that the items are located within the Right -of -Way. Crosswalk Signage Mayor Klecker reported that the Parks and Recreation Committee is asking the Council to consider purchasing and installing some seasonal crosswalk signage. The signage is bolted to the center line of the roadway, which would be placed during late spring to late fall. In other words, the signs would be removed during the snowplowing season. The two areas the Parks and Recreation Committee is focusing on is along Main Avenue NE near the Albertville Primary School and on 57t' Street NE near the Albertville Fire Hall and St. Albert Catholic Church. Council directed staff to purchase two-four signs that would be placed on Main Avenue NE near the Albertville Primary School and near the Albertville Fire Hall and St. Albert Catholic Church. Emma Krumbee's Restaurant Council member Fay reported to the Council that he visited the Emma Krumbee's Restaurant in Belle Plaine and was impressed with the facility. Fay feels the Emma Krumbee's Restaurant will be a good asset to Albertville. Defibulator Purchase City Administrator Kruse brought to the Council's attention that Xcel Energy has a grant, which would allow City to purchase equipment. Along with this, maybe obtain donations from various non-profit organizations. The equipment staff is recommending purchasing a defibulator for City Hall. MOTION BY Council member Wagner, seconded by Mayor Klecker to authorize staff to go forward with applying for the Xcel Energy Grant and solicit donations from other non-profit organizations to purchase a Defibulator for City Hall and one-two additional pieces of related equipment. Motion carried unanimously. MAPublic Data\City Council\Council Minutes\2008 Minutes\M 05-05-08 Approved.doc City of Albertville City Council Minutes May 5, 2008 Page 11 of 12 Bill Hunter Drainage Update City Administrator reported that staff has sent a follow up to Mr. and Mrs. Hunter regarding the drainage issues. Assistant City Engineer Nafstad stated that the letter summarizes the history of the drainage issue noting that Mr. Hunter brought to staff s attention the water elevations of the wetland basin on the north -side of the property. The City discovered a segment of drain tile was damaged, which appears to have been run over by a piece of equipment or vehicle. The City removed the damaged segment of tile in an effort to restore drainage and normal water levels of the wetland basin. Contained within the letter are a number of staff recommendations to address the drainage issue. In conclusion, Mr. Hunter was informed to contact the City Administrator with any additional concerns or updates on the drainage issue. Council felt staff went beyond what is expected. Council made one simple suggestion, which is to monitor the situation. Foreclosure Notice City Administrator Kruse asked for Council approval to send out the Foreclosure Notice. The Minnesota Home Ownership Center is holding a free workshop in the area. Council authorized staff to send out the notice to the Albertville residents with City Administrator Kruse's name. Council recommended sending the notice to the Crow River News and advertise it on the City's website. ANNOUNCEMENTS and or UPCOMING MEETINGS Mayor Klecker noted the upcoming meetings — calendar of events, which Klecker informed staff that the May Joint Powers Water Board meeting will be held on Thursday, May 22. May 2008 12 6:00 p.m. STMA Ice Arena Board meeting 13 7:00 p.m. Planning and Zoning Commission meeting (cancelled) 15 6:00 p.m. Wright County Futures Project Meeting Rockford Town Hall 3039 Dague Avenue SE — Rockford 17 7:00 a.m. Albertville -St. Michael Spring Clean-up Day (held at St. Michael Public Works facility) 19 7:00 p.m. City Council meeting 21 7:00 p.m. Arena meeting (Albertville City Hall) 22 6:00 p.m. Joint Powers Water Board meeting (THURSDAY) 26 all day Memorial Day observed — City Offices closed M:\Public Data\City Council\Council Minutes\2008 Minutes\M 05-05-08 Approved.doc City of Albertville City Council Minutes May 5, 2008 Page 12 of 12 May 2008 (continued) 28 7:00 p.m. Jt. City of Albertville -City of Otsego Workshop (Albertville) 29 5:00 p.m. Hanover "Meet Your Neighbors"social event Creekside Tavern 10940 — 4`t' Street NE — Hanover June 2008 2 7:00 p.m. City Council meeting 9 6:00 p.m. STMA Ice Arena Board meeting 10 7:00 p.m. Planning and Zoning Commission meeting 13 5:00 p.m. Albertville Friendly City Days Softball Challenge 16 7:00 p.m. City Council meeting 23 6:00 p.m. Joint Powers Water Board meeting 30 7:00 p.m. Committee of the Whole Workshop (tentative) ADJOURN THE REGULAR CITY COUNCIL MEETING TO A COMMITTEE MEETING OF THE WHOLE MOTION BY Council member Berning, seconded by Council member Fay to adjourn the Monday, May 5, 2008 regular City Council meeting at 10:12 p.m. to go into a Committee of the Whole Workshop. Motion carried unanimously. ADJOURNMENT MOTION BY Council member Fay, seconded by Mayor Klecker to adjourn the Monday, May 5, 2008 regular City Council meeting at 10:30 p.m. Motion carried unanimously. Ron Klecker, Mayor Bridget Miller, City Clerk MAPublic Data\City Council\Council Minutes\2008 Minutes\M 05-05-08 Approved.doc Albertville City Council May 5, 2008 Public Attendance Record 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 - agenda item John Doe 1295 Your Street NE Annandale Yes - car(s) speeding �i O 10 9LQ� chGei -u a , MA\Public Data\City Council\2008 Public Hearing Attendance.doc