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2008-06-16 CC Minutes ~ A!~€I!'!iJL€ ALBERTVILLE CITY COUNCIL JUNE 16, 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, City Administrator Larry Kruse, and City Clerk Bridget Miller ABSENT: none RECOGNITIONS - PRESENTATIONS - INTRODUCTIONS Al Swingtechfrom Center Pointe Energy to award Albertville $2,500 Grant towards the purchase of Safety Equipment Mayor Klecker stated that Laura Hirsch from Center Pointe Energy was present to award Albertville with a $2,500 Grant towards the purchase of safety equipment that will be located within the Albertville City Hall. Ms. Hirsch reported that Center Pointe Energy is working together with community bringing awareness in the area of safety. "The City of Albertville has submitted an application and has qualified for the grant, which I am here to present. This is a grant in the amount of $2,500 towards the purchase of a defibulator and other various small life saving devices for the Albertville City Hall." M:\Public Data\City Council\Council Minutes\2008 Minutes\M 06- I 6-08 Approved.doc City of Albertville City Council Minutes June 16,2008 Page 2 of 15 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. There was no one present in the audience that wished to speak to the City Council regarding an issue that was not already scheduled on the agenda. AMENDMENTS TO THE AGENDA Mayor Klecker moved item 8.J.4. up on the agenda, following the approval of the Engineering items. Council member Berning added an item under Administration, which was to discuss the City Sign located off on CSAH 37. City Administrator Kruse added an item under Administration, which was to discuss the house on Kantar Court NE near Oakside Park. MOTION BY Council member Vetsch, seconded by Council member Fay to approve the Monday, June 16,2008 regular Albertville City Council agenda as amended. Motion carried unanimously. MINUTES June 2, 2008 regular City Council minutes Mayor Klecker asked the Council if there were any changes to the June 2, 2008 regular City Council minut~s. MOTION BY Council member Berning, seconded by Mayor Klecker to approve the Monday, June 2, 2008 regular City Council minutes as presented, which a signed copy will be on file in the office of the City Clerk. 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, which there were no items pulled from the consent agenda. M:\Public Data\City Council\Council Minutes\2008 Minutes\M 06-16-08 Approved.doc City of Albertville City Council Minutes June 16,2008 Page 3 of 15 MOTION BY Council member Fay, seconded by Council member Berning to approve the consent agenda as presented; therefore, no items were pulled. In the case when items are pulled, the item would be removed from the General Order of Business and considered in its normal sequence on the agenda, which would require a separate motion. Motion carried unanimously. DEPARTMENT BUSINESS FIRE DEPARTMENT - no comments PUBLIC WORKS DEPARTMENT - no comments UTILITIES DEPARTMENT (WWTP) . Approve the Phosphorus Trade Agreement with Central Lakes Region Sanitary District (CLRSD) to sell 248 kilograms (kg) of Phosphorus credits at $15 per kg Agreement MOTION BY Council member Fay, seconded by Council member Berning to approve the Phosphorus Trade Agreement with Central Lakes Region Sanitary District (CLRSD) to sell 248 kilograms (kg) of Phosphorus credits at $15 per kg Agreement as presented, which will require a separate discussion from the Consent Agenda and a separate motion from the Consent Agenda and an electronic copy will be on file in the office of the City Clerk. Motion carried unanimously. BUILDING DEPARTMENT . Accept the Building Official's Building Report MOTION BY Council member Fay, seconded by Council member Berning accepted the Building Official's Building Report dated June 6, 2008 as presented, 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, June 16, 2008 Payment of Claims (bills) for check numbers 025759 to 025816 MOTION BY Council member Fay, seconded by Council member Berning authorizing the Monday, June 16,2008 Payment of Claims (bills) for check numbers 025759 to 025816 as M:\Public Data\City Council\Council Minutes\2008 Minutes\M 06-16-08 Approved.doc City of Albertville City Council Minutes June 16,2008 Page 4 of 15 presented except the bills specifically pulled, which will require a separate discussion from the Consent Agenda and a separate motion from the Consent Agenda. Electronic copies of the checks and supporting documents will be on file in the office of the Finance Director. Motion carried unanimously. CITY CLERK .Approve Two (2) I-Day 3.2 % Malt Liquor License Applicationsfrom the St. Albert Catholic Churchfor an annual Parish Festival celebration to be held on Saturday, July 19 and Sunday, July 20 at the St. Albert Parish Center and St. Albert Catholic Church property within the Albertville city limits MOTION BY Council member Fay, seconded by Council member Berning to approve Two (2) I-Day 3.2 % Malt Liquor License Applications from the St. Albert Catholic Church for an annual Parish Festival celebration to be held on Saturday, July 19 and Sunday, July 20 at the St. Albert Parish Center and St. Albert Catholic Church property within the Albertville city limits as presented, which will require a separate discussion from the Consent Agenda and a separate motion from the Consent Agenda and a copy of the application and liquor license will be on file inthe office of the City Clerk. Motion carried unanimously. . Approve St. Albert Catholic Church request dated June 9, 2008 to semi-block off a portion of Lander Avenue NE between the St. Albert Church and St. Albert Parish Center for the annual Parish Festival celebration that will be held on Saturday, July 19 and Sunday, July 20 MOTION BY Council member Fay, seconded by Council member Berning to approve St. Albert Catholic Church request dated June 9, 2008 to semi-block off a portion of Lander Avenue NE between the St. Albert Church and St. Albert Parish Center for the annual Parish Festival celebration that will be held on Saturday, July 19 and Sunday, July 20 as presented, which will require a separate discussion from the Consent Agenda and a separate motion from the Consent Agenda. Motion carried unanimously. . Approve Resolution No. 2008-028 entitled a Resolution Approving a Class B (Pulltabs, Tipcards, Paddlewheels, RajJles) Gambling License (Permit) for the Foxtailers Snowmobile Club at Space Aliens Grill & Bar MOTION BY Council member Fay, seconded by Council member Berning to approve Resolution No. 2008-028 entitled a Resolution Approving a Class B (Pulltabs, Tipcards, Paddlewheels, Raffles) Gambling License (Permit) for the Foxtailers Snowmobile Club at Space Aliens Grill & Bar as presented, which will require a separate discussion from the Consent Agenda and a separate motion from the Consent Agenda and a signed copy will be on file in the office of the City Clerk. Motion carried unanimously. M:\Public Data\City Council\Council Minutes\2008 Minutes\M 06-16-08 Approved.doc City of Albertville City Council Minutes June 16, 2008 Page 5 of 15 PLANNING AND ZONING Accept the City Planner's Report Council members accepted the City Planner's Report dated June 6, 2008 as presented in the Monday, June 16,2008 City Council packet. Downtown Plat and 152 Club Conditional Use Permit (discussion item) City Planner Brixius informed the Council that the Downtown Plat and the 152 Club Conditional Use Permit (CUP) was presented to the Albertville Planning and Zoning Commission at the June 10, 2008 regular meeting. Staff was considering to ask the Council to set a special meeting to discuss and approve the Downtown Final Plat and the 152 Club CUP; however, the closing documents are not final as of yet. City Attorney Couri reported that staff is working on the final closing documents and should be prepared to present the Downtown Plat and the 152 Club Conditional Use Permit per the Development Schedule, which means it will go before the Council at the Monday, July 7, 2008 regular Council meeting. ENGINEERING . Approve Resolution No. 2008-029 entitled a Resolution Approving Plans and Specifications for Municipal Improvements for Proposed Albertville 2008 Sealcoat Project and Authorize to Solicit for Bids MOTION BY Council member Fay, seconded by Council member Berning to approve Resolution No. 2008-029 entitled a Resolution Approving Plans and Specifications for Municipal Improvements for Proposed Albertville 2008 Sealcoat Project and Authorize to Solicit for Bids as presented, which will require a separate discussion from the Consent Agenda and a separate motion from the Consent Agenda, and a signed copy will be on file in the office of the City Clerk. Motion carried unanimously. . Approve Resolution No. 2008-030 entitled a Resolution Approving Plans and Specifications for Municipal Improvements for Proposed Albertville 2008 Overlay Project and Authorize to Solicit for Bids MOTION BY Council member Fay, seconded by Council member Berning to approve Resolution No. 2008-030 entitled a Resolution Approving Plans and Specifications for Municipal Improvements for Proposed Albertville 2008 Overlay Project and Authorize to Solicit for Bids as presented, which will require a separate discussion from the Consent Agenda and a M:\Public Data\City Council\Council Minutes\2008 Minutes\M 06-16-08 Approved.doc City of Albertville City Council Minutes June 16, 2008 Page 6 of 15 separate motion from the Consent Agenda, and a signed copy will be on file in the office of the City Clerk. Motion carried unanimously. Review the CSAH 37 West Project Feasibility Report (Study) (a.k.a. Niemeyer Trailer Sales Development) and Approve Resolution No. 2008-027 entitled a Resolution Accepting the CSAH 37 Utility Extension Feasibility Report (Study) for the Extension of Municipal Improvements along CSAH 37 Between 6lh Street NE and Kadler Avenue NE and with Conditions Authorize the Preparation of Plans and Specifications and Direct Staff to Prepare an Ordinance to Establish a Sewer and Water Sub-District as Identified in the Feasibility Report (Study) Assistant City Engineer Nafstad reported that staff has met with the County to discuss the accesses off of CSAH 37, which the County will limit access to the two westerly properties to one full access upon development and platting of the two properties. N afstad continued by stating that staff reviewed a concept of a north/south private street and utilities constructed to city standards with all the right-of-way contained in an Outlot. Nafstad went on to explain that under this concept Mr. Niemeyer would pay for the street and utilities and through a Development Agreement be obligated to convey the Outlot to the City at the City's request. In the event should the Miller property to the west develop and chooses to extend a significant public street into their property, at that point the City would request the conveyance of the Outlot and provide Millers' access. However, ifthe Millers want to connect to this street with a private street system, the cost of the street would be pro-rated to the Millers and then reimburse Niemeyer. Furthermore, if the Millers connect to utilities at CSAH 37 stubs, they would not participate in Mr. Niemeyer's north/south utilities. Should the Millers choose to connect to utilities elsewhere along the north/south street, the City would request conveyance of the Outlot and the Millers would pay their pro-rated share of the cost of those lines. City Attorney Couri brought up the need to establish a sub-district for water and sewer, which will require the City Council to adopt an ordinance establishing the district. Couri noted that a public hearing would not be required, but is an option for the City Council to consider should the City want additional input from the general public. Couri explained what would be included in the ordinance, which is an annual incremental increase reflecting the carrying costs associated with the project. Couri reiterated that upon the platting of Niemeyer property, the City will require the Developer to enter into a Developer's Agreement that will provide for installation of a street to serve both the Niemeyer property and the Miller property to the west. The street is proposed to be constructed by the Developer, Mr. Niemeyer, and then turned over to the City. Following acceptance of the 2008 CSAH 37 West Feasibility Report (Study), the next order of business is to enter into an agreement with Mr. Niemeyer, who would agree to pay for all the City's costs associated with the project should the project not proceed as planned. Following the signing of the agreement, the City Council would order plans and specifications, then advertise and accept bids for the project. Upon receipt of the bids, staffwill review and submit a Request for Council Action, which would be for Council accepting and awarding the low bid and making a commitment as to whether to proceed. M:\Public Data\City CounciI\CounciI Minutes\2008 Minutes\M 06-16-08 Approved.doc City of Albertville City Council Minutes June 16, 2008 Page 7 of 15 Mayor Klecker asked if the Mr. Niemeyer had any further questions, concerns or comments regarding the proposed CSAH 37 West Feasibility Report (Study). Upon hearing no comments from Mr. Niemeyer, Mayor Klecker asked if there was anyone else in the audience who had questions, concerns, or comments regarding the CSAH 37 West Feasibility Report (Study). Mr. Miller of 6593 Kadler Avenue NE, asked if the access road to Mr. Niemeyer property would be public or private. Assistant City Engineer Nafstad reported that the City is modeling the road similar to other developments within Albertville. The street or road will be constructed as private in such case Mr. Niemeyer will agree to convey an Outlot to the City. Council members wanted confirmation that the current Miller property would not be required to pay anything until such time of development. So if the Millers sell or leave the property to their heirs, and whomever takes over the property continues to farm or live on the property as it stands today, would not have to pay anything. City Attorney Couri confirmed that the property owner will not have to pay anything today. Should the Millers decide to sell the property or leave it to their children, who continue to farm the land or use it as it is today, they will not have to pay anything. But at such point the owner in the future wants to discontinue the current use of the land and wants to develop, at that point the property use will change and the necessary connections and associated costs will need to be required to develop the land. Upon hearing the concerns above, Mr. Niemeyer spoke regarding the CSAH 37 Development inquiring about the placement of the pump or lift station. Mr. Niemeyer asked if there is a possibility of placing it in the south-east comer of his property. Staff reported that they would work with Mr. Niemeyer to accommodate his request to relocate the placement of the lift station. Mr. Niemeyer stated that he would be willing to bear the cost of the sewer and water going north and south and would like to keep the street or roadway private. Mr. Niemeyer asked if the City would entertain the thought to installation costs for the lift station. Mr. Miller shared with the Council and staff that No.1 the County is not considering shutting off the access on Kadler Avenue NE. No 2, Mr. Miller again wanted clarification as it seems to have changed from his understanding on the connection costs. And No.3, Mr. Miller brought to the Council's attention that he is not a businessman and would prefer to remain off the concept plan for CSAH 37 West Feasibility Report (Study) or to put it just plainly left alone. Assistant City Engineer Nafstad noted that the driveway access to the Miller property will remain the same until such time of development. Again City Attorney Couri reported that as long as Mr. Miller or those he sells to does not connect or develop, the property owners will not pay anything. Should the property owner want to connect to sewer and water, that property owner would need to notify the City. At that time, M:\Public Data\City Council\Council Minutes\2008 Minutes\M 06-16-08 Approved.doc City of Albertville City Council Minutes June 16, 2008 Page 8 of 15 that person (property owner) would need to connect and pay the fees associated with the connection. Council member Berning wanted to remind the Council that it is the City that owns and or controls the connection. Berning wanted to make sure the other Council members were aware of this and for them to make sure this is the correct plan for the property. Mr. Niemeyer wants to develop the piece of land; therefore, Berning threw out the thought of Mr. Niemeyer consider putting in one connection that would meet his needs. The other property owners would then put in the additional connection(s) to meet their needs at the time of development or other circumstances. Council and staff discussed options of negotiating how to assess the costs, which staff commented to hold off until we obtain the bids, at that point review options of assessment of costs. MOTION BY Council member Wagner, seconded by Council member Fay to approve Resolution No. 2008-027 entitled a Resolution Accepting the CSAH 37 Utility Extension Feasibility Report (Study) for the Extension of Municipal Improvements along CSAH 37 Between 64th Street NE and Kadler Avenue NE and with Conditions Authorize the Preparation of Plans and Specifications and Direct Staff to Prepare an Ordinance to Establish a Sewer and Water Sub-District as Identified in the Feasibility Report (Study) as presented in the June 16, 2008 regular City Council packet with no additional amendments, which a signed copy will be on file in the office of the City Clerk. Mayor Klecker, Council members Berning, Fay, and Wagner voted aye. Council member Vetsch opposed. Motion carried. Review and Approve Resolution No. 2008-031 entitled a Resolution Accepting the Franklin Property Sewer Extension Feasibility Report (Study) for the Extension of Municipal Improvements and with Conditions Authorize the Preparation of Plans and Specifications - (James Franklin property located at 5720 Barthel Industrial Drive NE) Assistant City Engineer Nafstad began by stating in July 2007, a Conditional Use Permit (CUP) was issued for the current tenant of the property, 5720 Barthel Industrial Drive NE, with three following conditions pertaining to sanitary sewer service: 1. The property shall connect to municipal utilities at the time municipal utilities are extended to the site. 2. The site shall have a corrected, compliant individual sewage treatment system (ISTS) or connect to municipal sanitary sewer by July 16, 2008. 3. Applicant shall pump the septic holding tank every 30 to 60 days or as required until a compliant ISTS is installed or a connection is made to municipal sewer. Nafstad went on to report that though conversations with the Franklins, it is the City's understating that the Franklins desire to make the property more marketable and no longer want City of Albertville City Council Minutes June 16, 2008 Page 9 of 15 to be burdened by the existing on-site septic system. Furthermore, its staffs understanding that the Franklins wish to proceed with the sanitary sewer improvements; however, the Franklins have yet to decide whether or not they would like to be assessed for the improvements or pay upfront. In the case the Franklins be assessed for the improvements, the City would require that the Franklins to enter into an assessment agreement and sign a waiver to appeal the assessment. City Administrator Kruse informed the Council that he met with the Franklins, which the Franklins are still in agreement to move forward with the improvement project. Mayor Klecker asked if the Council had any questions or concerns with the municipal improvement for the Franklin property. Mayor Klecker also asked the Franklins if they had any questions or comments regarding the improvement project. Lu Verne Franklin of Big Lake confirmed that they are in agreement to proceed with the project. Jim Franklin asked if the abutting property owners to the site would reimburse them, the Franklins, when they propose to hook-up to city sewer. City Attorney Couri noted that in order to consider the potential reimbursement a district would need to be created; therefore, the Franklins could not be reimbursed. The connection is for their property only. MOTION BY Council member Berning, seconded by Council member Fay to approve Resolution No. 2008-031 entitled a Resolution Accepting the Franklin Property Sewer Extension Feasibility Report (Study) for the Extension of Municipal Improvements and with Conditions Authorize the Preparation of Plans and Specifications and are subject to the property owner accepting an assessment that would include signing a waiver to appeal the assessment - (James Franklin property located at 5720 Barthel Industrial Drive NE) as amended, which a signed copy will be on file in the office of the City Clerk. Motion carried unanimously. LEGAL STMA Ice Arena Land Agreement, which includes the following items for Council approval: . Approve HOCKEY ARENA DEVELOPMENT AGREEMENT; and . Approve AGREEMENT TO REALLOCATE SPECIAL ASSESSMENTS AND REAL EST ATE T AXES with Donald Barthel; and . Approve RESOLUTION No. 2008-032 ENTITLED A RESOLUTION REALLOCATING THE BARTHEL COMMERCIAL PARK 3RD ADDITION SPECIAL ASSESSMENTS; and . Approve RESOLUTION No. 2008-033 entitled a RESOLUTION RELEASING LOT 1, BLOCK 1 OF THE BARTHEL COMMERCIAL PARK 3RD ADDITION FROM TERMS OF DEVELOPER'S AGREEMENT City Attorney Couri touched very briefly on the proposed Hockey Arena Development items that were included in the June 16, 2008 Council packet. Couri went on to explain that the City has M:\Public Data\City Council\Council Minutes\2008 Minutes\M 06-16-08 Approved.doc City of Albertville City Council Minutes June 16,2008 Page 10 of 15 previously entered into an a~reementwith Mr. Barthel to purchase the proposed Lot 1, Block 1, Barthel Commercial Park 3r Addition for a possible expansion to the STMA Ice Arena facility. The Purchase Agreement is contingent upon the City entering into an agreement with the STMA School District and the City of St. Michael to reimburse the City of Albertville for the cost of the land. The Hockey Arena Agreement that is included in the June 16, 2008 Albertville Council packet fulfills the STMA School District's contingency provided the School District uses its funds at this point to purchase the Barthel property. Couri wanted to point out the fact that the Hockey Arena Agreement was prepared by the STMA School District's Attorney as a means of agreeing with the City of Albertville as to who will do what tasks related to the acquisition and development of the Barthel property. Couri continued by explaining that following the City's approval of the Hockey Arena Development Agreement there would be a more formal Development Agreement, which would require the City to complete a number of items in preparation for the closing with the Barthels that include requiring the City to reallocate a portion ofthe Special Assessments there were placed on Outlot A of Barthel Commercial 2nd Addition to Lot 1, Block 1, Barthel Commercial 3rd Addition, and to allocate the taxes on the property between Outlot A and Lot 1, Block 1, Barthel Commercial3rd Addition, and to release the property from the terms of the prior two (2) Developer's Agreements that the Barthels entered into with the City of Albertville. Couri reviewed the following Key Issues regarding the Hockey Arena Development Agreement: . The Development Agreement with ISD No. 885: o Assigns the City's right to purchase Lot 1, Block 1 to the School District; o Requires the School District to purchase Lot 1, Block 1; o Prohibits the School District from doing anything with Lot 1, Block 1 until June 1, 2018 to give the parties time to raise money for the development of a second hockey arena (the parties will likely enter into a subsequent development agreement some years in the future setting forth the terms of how the arena expansion will be funded once those details are agreed upon); o Requires the City to plat Lot 1, Block 1, and properly allocate special assessments to it; o Requires the City to have an agreement with Barthels as to the allocation of special assessments and division of taxes between Lot 1, Block 1 and Outlot A (the rest of the Barthel property); o Requires the City to provide an updated title opinion (which will also be needed for the plat); o Requires the City to release the prior developer's agreements from the property. . If no agreement is reached between the parties for a second ice arena by June 1,2018, the Development Agreement expires. Note that the original purchase agreement with Don Barthel gives the Barthels the right to repurchase the property ten years after the closing if it is not used for ice arena purposes by that date. M:\Public Data\City Council\Council Minutes\2008 Minutes\M 06-16-08 Approved.doc City of Albertville City Council Minutes June 16, 2008 Page 11 of 15 . The Reallocation Agreement with Don Barthel has the City and Don Barthel agreeing that the special assessments and the taxes will be allocated in accordance with the requirements of the Development Agreement with the School District (which uses the same formula as the City used to special assess the properties for Lachman Avenue's improvement). . The Resolution Reallocating Special Assessments reallocates the special assessments in accordance with the requirements of the Development Agreement with the School District. . The Resolution Releasing Lot 1, Block 1 from Terms of Development Agreement releases Lot 1, Block 1 from the 1992 and 1998 developer's agreements with the Barthels. The Barthels have complied with all requirements of these agreements. MOTION BY Council member Vetsch, seconded by Council member Wagner to approve the HOCKEY ARENA DEVELOPMENT AGREEMENT as presented in the June 16, 2008 Albertville City Council packet; and approve AGREEMENT TO REALLOCATE SPECIAL ASSESSMENTS AND REAL ESTATE TAXES with Donald Barthel as presented in the June 16, 2008 Albertville City Council packet; and approve RESOLUTION No. 2008-032 entitled a Resolution Reallocating the Barthel Commercial Park 3rd Addition Special Assessments as presented; and approve RESOLUTION No. 2008-033 entitled a Resolution Releasing Lot 1, Block 1 of the Barthel Commercial Park 3rd Addition from Terms of Developer's Agreement as presented, which a signed copy will be on file in the office of the City Clerk. Motion carried unanimously. ADMINISTRATION City Administrator Oral Update City Administrator Kruse gave a brief oral update on projects that staff is working on, which included the Hockey Arena Agreement, Lachman Avenue NE plat, Downtown plat, etc. Request for Council Action Temporarily Setting City Hall Hours City Administrator Kruse presented the four (4) day workweek to the City Council commenting that in recent months a number of government entities and businesses are leaning towards a four (4) day workweek. Kruse went on to explain that up until the sharp rise in gas prices, the most common was a nine (9) hour day and a half day on Friday. Kruse reported that staffhas discussed the concept of a four (4) day workweek focusing on its effects for customer service and fulfilling the needs of the City Council. Staff noted pros and cons of the temporary change, which the major issue is obviously the level of service for our residents and serving the needs of the City Council. Council discussed the potential of temporarily changing the City Hall office hours to Monday through Thursday. Council's concern was the building department and how residents or contractors would get the appropriate inspections done to proceed with the building projects. Council also had a concern with the long day and the potential of employees being fatigued. M:\Public Data\City Council\Council Minutes\2008 Minutes\M 06-16-08 Approved.doc City of Albertville City Council Minutes June 16, 2008 Page 12 of 15 Kruse assured the Council that staff would do their best to meet the needs within the building . department and reminded the Council would be temporary. Council decided to approve the four (4) day workweek on a temporary basis and sh<:>rtened the time frame to only 60 days or ending Labor Day weekend. Council would review the four (4) day workweek at the second meeting in August, should they decide to go with Summer hours in 2009. MOTION BY Council member Vetsch, seconded by Council member Fay to approve setting City work hours at four (4) lO-hour days starting Monday July 7, 2008 and ending Friday, August 29, 2008 (approximately 60 days). City Hall hours are proposed to be 7:00 a.m. to 5:30 p.m. Monday thru Thursday. Public Works and Utilities will have the same hours, with one Utility Employee and one Public Works Employee working a Tuesday thru Friday shift. Work hours are to be reviewed at the August 18, 2008 regular City Council meeting. Motion carried unanimously. Center Pointe Energy $2,500 Grant (discuss match) City Administrator Kruse noted that Center Pointe Energy awarded the $2,500 Grant to Albertville for the purchase of life-saving equipment. Kruse asked the Council for direction and or approval to see if other non-profit organizations would like to match the grant, which would possibly double the amount to purchase equipment. Council authorized staff to see if there were other organizations in Albertville that would be willing to donate funds towards the purchase of life-saving equipment to have available at City Hall. Parks ide Commercial 2nd Addition - Horizon Church (discussion item) City Administrator Kruse informed the Council that Pastor Dave Glasser has been in contact with him inquiring about the option of the New Horizon Church moving into the Parkside Commercial 2nd Addition facility. Kruse noted that when the development went before the City for Council approval, the Council was very concerned with the type of business or uses within the building or that would be allowed within the site. City Planner Brixius reported that the Parkside Commercial 2nd Addition is zoned B-2A; Special Business District with a Planned Unit Development (PUD) and a Conditional Use Permit (CUP), which had specified uses that allowed and did not include for churches or religious means. Brixius went on to explain that taking into consideration the restrictions that were set for the Parkside Commercial 2nd Addition, staff is looking to the Council for direction to amend the Developer's Agreement. Brixius asked the Council to keep in mind that churches or religious M:\Public Data\City Council\Council Minutes\2008 Minutes\M 06-16-08 Approved.doc City of Albertville City Council Minutes June 16, 2008 Page 13 of 15 organizations have a tendency to grow and what will happen down the road when the church outgrows the facility or the site being considered. Mayor Klecker asked if there was anyone in the audience that wanted to speak in regards to the New Horizon Church. Dave Glasser of 405 - 5th Street NW in S1. Michael thanked the Council for allowing him to speak on behalf of the New Horizon Church members. Mr. Glasser asked the Council to consider amending the PUD/CUP to allow for the church. Mr. Glasser gave his proposal to the Council as to why they should allow New Horizon Church to be located within the Parkside Commercial 2nd Addition. City Planner Brixius inquired as to how many congregational members there are associated with New Horizon Church, which Mr. Glasser reported there are approximately 90 members. Brixius calculated that based on the number of members, New Horizon Church would require 23 parking stalls. City Planner Brixius stated that B-2A zoning allows ~hurches to go into the site; it is the PUD/CUP that is restricting New Horizon from locating within the building. Following the discussion, Council encouraged Mr. Glasser to proceed with an application and amending the PUD/CUP, which would need to go before the Planning and Zoning Commission for approval and public comment then a recommendation to the City Council. Set Monday, July 21, 2008 as a Committee of the Whole Workshop for the purpose of discussion Fire Inspections; the meeting would begin at 6:00 p.m. City Administrator Kruse asked for Council direction regarding holding a Committee of the Whole Workshop on Monday, July 21,2008 beginning at 6:00 p.m. for the purpose of discussion Fire Inspections. Council okayed setting Monday, July 21,2008 as a Committee of the Whole Workshop beginning at 6:00 p.m. for the purpose of discussing Fire Inspections. House located on Kantar Court NE within Albertville - consider making offer City Administrator Kruse noted that the Council had expressed an interest earlier this year to purchase the house located at 10831 Kantar Court NE. Kruse wanted to confirm if the Council is still interested in purchasing the land for expansion of Oakside Park. The land could be used to allow for extra parking or other options. Council discussed the pros and cons about purchasing the property, in which majority ofthem lowered the offering price to about $30,000 to $35,000. M:\Public Data\City Council\Council Minutes\2008 Minutes\M 06-16-08 Approved.doc City of Albertville City Council Minutes June 16,2008 Page 14 of 15 MOTION BY Council member Vetsch, seconded by Council member Wagner authorizing staff to make an offer not to exceed $35,000 on the house located on Kantar Court NE near Oakside Park for the potential expansion of the parking lot and the park. Motion carried unanimously. City Sign located on CSAH 37 and Main Avenue NE Council member Berning brought to staffs attention the sign appears to be dim at night. City Administrator Kruse reported that the sign received damage during the Memorial weekend hail storm. Kruse went on to explain that Building Official Sutherland has notified Franklin Outdoor Advertising, which Franklin Outdoor Advertising will be repairing. It was discussed to open the signage to other businesses within Albertville to advertise. When the sign was initially constructed it was to assist with the Historical Downtown Businesses, who did not renew their Lease Agreement. ANNOUNCEMENTS and or UPCOMING MEETINGS Mayor Klecker noted the upcoming meetings - calendar of events. It was brought up there is a Committee of the Whole meeting to be held on Monday, July 7, 2008, which should be added to the list. June 2008 23 6:00 p.m. 30 7:00 p.m. July 2008 4 all day 7 7:00 p.m. 8 7:00 p.m. 14 6:00 p.m. 21 7:00 p.m. 28 6:00 p.m. 28 7:00 p.m. August 2008 4 7:00 p.m. 11 6:00 p.m. 12 7:00 p.m. 18 7:00 p.m. Joint Powers Water Board meeting Committee of the Whole Workshop (tentative) Independence Day observed - City Offices closed City Council meeting Planning and Zoning Commission meeting STMA Ice Arena Board meeting City Council meeting Joint Powers Water Board meeting Committee of the Whole Workshop (tentative) City Council meeting STMA Ice Arena Board meeting Planning and Zoning Commission meeting City Council meeting M:\Public Data\City Council\Council Minutes\2008 Minutes\M 06-16-08 Approved.doc City of Albertville City Council Minutes June 16, 2008 Page 15 of 15 25 6:00 p.m. 25 7:00 p.m. 26 8:00 a.m. Joint Powers Water Board meeting Committee ofthe Whole Workshop (tentative) Candidacy Filing Opens ADJOURN THE REGULAR CITY COUNCIL MEETING TO GO INTO A CLOSED MEETING TO DISCUSS THE ONGOING LITIGATIONS MOTION BY Council member Berning, seconded by Council member Vetsch to adjourn the Monday, June 16,2008 regular City Council meeting at 9:52 p.m. to go into a closed meeting for the purpose of discussion and update on the litigation/lawsuit with S.E.H. Motion carried unanimously. MOTION BY Council member Fay, seconded by Council member Berning to reconvene the Monday, June 16, 2008 regular City Council meeting at 10:30 p.m. Motion carried unanimously. ADJOURNMENT MOTION BY Council member Berning, seconded by Council member Vetsch to adjourn the Monday, June 16, 2008 regular City Council meeting at 10:34 p.m. Motion carried unanimously. ~7(~L Ron Klecker, Mayor ~.~, Bridget Mill , CIty Clerk M:\Public Data\City Counci1\Council Minutes\2008 Minutes\M 06-16-08 Approved.doc Albertville City Council June 16, 2008 Public Attendance Record 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 a enda Jane Smith 1325 Any Street NE Albertville No - agenda item John Doe 1295 Your Street NE Annandale Yes - car(s) speeding sl-. \Y\. ~ Jw)~ luvlS- cWtkr~r2enS I I , \ /5S'O lM\dc:w.. futt wf=- A \ . S\(\'\~ S\- SLAt) t1,.h ~ ~t:: '\~Q..~ M:\Public Data\City Council\2008 Public Hearing Attendance.doc Albertville City Council June 16, 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 a2enda Jane Doe 1325 Any Street NE Albertville Yes - dogs barking John Smith 1295 Your Street NE Albertville No - item on agenda ~ t1/h~ A 19&>:'171 ~ ffl(:, - 'l/~ Iv"'''' Y.... , ..... M:\Public Data\City Council\2008 Public Hearing Attendance.doc