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2008-08-04 CC Minutes ~ A.!~~!'!UL€ ALBERTVILLE CITY COUNCIL AUGUST 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 Dan Wagner, Tom Fay, and LeRoy Berning, City Planner Al Brixius, City Attorney Mike Couri, Assistant City Engineer Adam Nafstad, City Administrator Larry Kruse, Finance Director Tina Lannes, Public Works Supervisor Tim Guimont, and City Clerk Bridget Miller ABSENT: Council member John Vetsch RECOGNITIONS - PRESENT A TIONS - INTRODUCTIONS Mayor Klecker introduced Deb Shriver with the Crow River News and Elmer Eichelberg who were seated in the audience. 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. M:\Public Data\City Council\Council Minutes\2008 Minutes\M 08-04-08 approved. doc City of Albertville City Council Minutes August 4, 2008 Page 2 of 12 AMENDMENTS TO THE AGENDA Mayor Klecker asked if there were any amendments to the agenda. Mayor Klecker asked to add an item under City Council, which was a Request from St. Michael for an Albertville Representative on the Library Planning Steering Committee. MOTION BY Council member Berning, seconded by Council member Wagner to approve the Monday, August 4, 2008 regular Albertville City Council agenda as amended. Motion carried unanimously. MINUTES July 21,2008 Committee of the Whole minutes July 21, 2008 regular City Council minutes ,Mayor Klecker asked the Council if there were any changes needed to be made to the Monday, July 21,2008 Committee of the Whole or the Monday, July 21, 2008 regular City Council minutes. Upon hearing no comments from the Council, Mayor Klecker then asked for a motion to approve the July 21, 2008 Committee of the Whole and the July 21,2008 regular City Council minutes as presented. After taking a second look at the minutes Mayor Klecker brought up the fact there may be a slight typo on page 3 of the Council packet, which was the Committee of the Whole minutes. Klecker felt the word "of' did not read appropriately in the context of the sentence. City Clerk Miller acknowledged the typo and would correct the verbiage. MOTION BY Council member Wagner, seconded by Council member Fay to approve the , Monday, July 21, 200& Committee of the Whekmiautes as amended; which a signed copy will be scanned and an electronic copy will be kept 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, July 21,2008 regular City Council minutes as presented, which a signed copy will be , scanned and an electronic copy will be kept on file in the office of the City Clerk. Motion carried unanimously. M:\Public Data\City Council\Council Minutes\2008 Minutes\M 08-04-08 approved. doc City of Albertville City Council Minutes August 4, 2008 Page 3 of 12 CONSENT AGENDA e CONSENT AGENDA All items with an asterisk ce) 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 members if there were any items they wanted pulled frpm the August 4, 2008 Consent Agenda. Upon hearing no comments from the Council, Mayor Klecker asked for a motion to approve the August 4, 2008 Consent Agenda as presented. MOTION BY Council member Fay, seconded by Council member Berning to approve the Monday, August 4, 2008 Consent Agenda as presented and included in the Council packet. Should there have been items 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) - no comments BUILDING DEPARTMENT - no comments FINANCE DEPARTMENT e Approve the Monday, August 4, 2008 Payment ofe/aims (bills) for check numbers 025972 to 026002 MOTION BY Council member Fay, seconded by Council member Berning authorizing the Monday, August 4,2008 Semi-monthly Payment of Claims Cbills) for check numbers 025972 to 026002 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. The checks and M:\Public Data\City Council\Council Minutes\2008 Minutes\M 08-04-08 approved. doc City -of Albertville . City Council Minutes August 4, 2008 Page 4 of 12 supporting documents will be scanned and kept electronically on file in the office of the Finance Director. Motion carried unanimously. Accept the Finance Director's Project Status Update and Financial Reports Finance Director began by giving a brief overview of accounts receivables. Lannes shared with the Council that the majority of the over 90 days outstanding are due to Albertville Holdings, Edina Development, Gold Key, Schuett Group, CPG, Minnesota Development Agency and Towne Lakes. Staff is working with the City Attorney to take a draw on the letter of credit from Minnesota Development Agency, and the remainder of the outstanding will be assessed to taxes in November if not paid in full with the exception of bankruptcies. Lannes asked if the Council had any questions or concerns regarding any of the Capital Project financial information. Council members asked some basic questions regarding the outstanding receivables, which staff reported they are doing their best to collect the fees. Following the discussion, Council members accepted the Finance Director's Project Status Update and Financial Reports dated July 30, 2008 as it was presented in the Monday, August 4, 2008 City Council packet. CITY CLERK . Approve Resolution No. 2008-041 entitled a Resolution Appointing 2008 Election Judges for the Primary and General Election for the City of Albertville MOTION BY Council member Fay, seconded by Council member Berning to approve Resolution No. 2008-041 entitled a Resolution Appointing 2008 Election Judges for the Primary and General Election for the City of Albertville as presented except the items specifically pulled, which will require a separate discussion from the Consent Agenda and a separate motion from the Consent Agenda, which a signed copy will be scanned and kept electronically on file in the office of the City Clerk. Motion carried unanimously. Accept the City of St. Michael's Daze and Knights Festival Challenge City Clerk Miller reported that the City of St. Michael have challenged the City of Albertville to a Bean Bag Toss at the upcoming St. Michael Daze and Knights Festival. The Bean Bag Toss will be held on Friday, August 15 at 6:00 p.m. M:\Public Data\City CounciI\CounciI Minutes\2008 Minutes\M 08-04-08 approved.doc City of Albertville City Council Minutes August 4, 2008 Page 5 of 12 Mayor Klecker asked the Council members if they had any questions or concerns regarding the City of St. Michael's Daze and Knights Festival Challenge. Council members accepted the City of St. Michael's Daze and Knights Festival Challenge dated July 25,2008 as it was presented in the Monday, August 4, 2008 City Council packet and directed staffto notify the St. Michael staff that Albertville accepts the challenge. Council members accepted the City of St. Michael Daze and Knights Festival Challenge. The following members volunteered to participate in the Bean Bag Toss Challenge: Mayor Klecker, Council members Berning and Wagner. Council member Fay stated that he would be there. CITY COUNCIL Request from St. Michael for a Albertville Representative on the Library Planning Steering Committee Mayor Klecker reported that the City of St. Michael requested Albertville's participation on the Library Planning Steering Committee. Klecker noted that the task of the steering committee is to oversee the preliminary planning of the library expansion, including space needs and programming and provide input into design and other architectural considerations. , No motion was necessary as Council member Berning volunteered to serve as the Albertville Representative on the Library Planning Steering Committee. PLANNING AND ZONING Approve Ordinance No. 2008-006 entitled an Ordinance Amending Appendix A - Zoning Ordinance; Chapter 200, Section 200.2 of the 2005 Albertville Municipal City Code Relating to the Definition of Pawnbroker and Pawn Shop(s); Chapter 4400; Section 4400.5; Chapter 4500, Section 4500.5; and Chapter 4501; Section 4501.5 Relating to the Prohibition of Pawn Shop(s) in the B-3 Highway Commercial District, B-4 General Business District, and B- W Business- Warehouse District City Planner Brixius began by stating that staff has been working on drafting an Ordinance that would address the licensing of pawn shops within the Albertville city limits. There was the thought that pawn shops would be allowed as permitted uses in the B-3 Highway Commercial, B-4 General Business, and B- W Business- Warehouse Districts, and to continue pawn shops as prohibited uses within the B-2 Limited Business and B-2A Special Business Zoning Districts. There was discussion amongst staff regarding the possibility of complete prohibition of pawns shops throughout Albertville. However, City Attorney Couri researched the issue and has not found any special protection that shields pawn shops from complete prohibition with cities. It was then brought up as to where or not the City even wants to allow pawn shops at all. M:\Public Data\City Council\CounciI Minutes\2008 Minutes\M 08-04-08 approved. doc City of Albertville City Council Minutes August 4, 2008 Page 6 of 12 Brixius went on to explain that prior to continuing on drafting the Ordinance it was brought before the Planning and Zoning Commission for purposes of discussion only. As a result of the discussion, the Ordinance addressing the licensing of pawn shops within Albertville is no longer being pursued. Instead, the following amendments to the 2005 Albertville Municipal City Code is being proposed: Include pawn shops as "Prohibited Uses: in the B-3, B-4, and B- W Zoning Districts (Sections 450l.5A, 4400.5B, and 4500.5B of the 2005 Albertville Municipal City Code- Zoning Section) Add a definition of "Pawn Shop" and Pawnbroker" to the Definitions in the 2005 Albertville Municipal City Code - Zoning Section 200.2 Brixius reported that upon review of the City Planner's Report, City Attorney's memorandum, and the testimony taken at the July 8, 2008 Planning and Zoning Commission meeting, the Planning and Zoning Commission recommends approval of Ordinance No. 2008-006 entitled an Ordinance Amending Appendix A - Zoning Ordinance; Chapter 200, Section 200.2 of the 2005 Albertville Municipal City Code Relating to the Definition of Pawnbroker and Pawn Shop(s); Chapter 4400; Section 4400.5; Chapter 4500; Section 4500.5; and Chapter 4501; Section 4501.5 Relating to the Prohibition of Pawn Shops (s) in the B-3 Highway Commercial District, B-4 General Business District, and B-W Business-Warehouse District. Mayor Klecker asked the Council members if they had any questions or concerns with Ordinance No. 2008-006 entitled an Ordinance Amending Appendix A - Zoning Ordinance; Chapter 200, Section 200.2 of the 2005 Albertville Municipal City Code Relating to the Definition of Pawnbroker and Pawn Shop(s); Chapter 4400; Section 4400.5; Chapter 4500; Section 4500.5; and Chapter 4501; Section 4501.5 Relating to the Prohibition of Pawn Shops (s) in the B-3 Highway Commercial District, B-4 General Business District, and B- W Business-Warehouse District. There were no qu.estions or concerns regarding Ordinance No. 2008-006 entitled an Ordinance Amending Appendix A - Zoning Ordinance; Chapter 200, Section 200.2 of the 2005 Albertville Municipal City Code Relating to the Defmitionof Pawnhroker.,and Bawn.Shop(s); Chapter 4400; Section 4400.5; Chapter 4500; Section 4500.5; and Chapter 4501; Section 4501.5 Relating to the Prohibition of Pawn Shops (s) in the B-3 Highway Commercial District, B-4 General Business District, and B-W Business-Warehouse District; therefore, the following motion was made: MOTION BY Council member Wagner, seconded by Mayor Klecker to approve Ordinance No. 2008-006 entitled an Ordinance Amending Appendix A - Zoning Ordinance; Chapter 200, Section 200.2 of the 2005 Albertville Municipal City Code Relating to the Definition of Pawnbroker and Pawn Shop(s); Chapter 4400; Section 4400.5; Chapter 4500, Section 4500.5; and Chapter 4501; Section 4501.5 Relating to the Prohibition of Pawn Shop(s) in the B-3 Highway Commercial District, B-4 General Business District, and B- W Business- Warehouse District as presented with the Planning and Zoning Commission's and staffs recommendations, M:\PubIic Data\City Council\Council Minutes\2008 Minutes\M 08-04-08 approved.doc City of Albertville City Council Minutes August 4, 2008 Page 7 of 12 which a signed copy will be scanned and kept electronically on file in the office of the City Clerk. Motion carried unanimously. Approve Resolution No. 2008-042 entitled a Resolution Approving a Conditional Use Permit (CUP) and a Variance for a Detached Garage to be located at 11548 - 5ih Street NE within the Albertville city limits City Planner Brixius informed the City Council that Kurt Neidermeier of 11548 - 57th Street NE has submitted a Development Zoning Application to the City of Albertville, which included the intentions of constructing a detached garage on his property. In order for Mr. Neidermeier to obtain the permission from the City to construct the accessory building he requires approval of two Conditional Use Permits (CUPs) and a Variance because it does not meet the 10 foot side yard setback. Brixius went on to report that the Planning and Zoning Commission reviewed the application(s) at the July 8, 2008 regular Planning and Zoning Commission meeting. Following the review and taking in the public testimony, the Planning and Zoning Commission recommended approval of Resolution No. 2008-042 entitled a Resolution No. 2008-042 entitled a Resolution Approving a Conditional Use Permit (CUP) for Permit to Construct more than one Private Garage at 11548- 57t~ Street NE; a Conditional Use Permit (CUP) to Permit a Detached Garage to Occupy more than One-hundred Fifty (150) Square-feet when Accompanied with an Attached Garage at 11548 - 57th Street NE; and a Variance to Construct Said Garage five (5) feet from the side Property Line, which is within the Required side-yard Setback often (10) feet. Mayor Klecker asked if there were any questions or concerns from the Council regarding the approval of Resolution No. 2008-042 entitled a Resolution Approving a Conditional Use Permit (CUP) for Permit to Construct more than one Private Garage at 11548 - 57th Street NE; a Conditional Use Permit (CUP) to Permit a Detached Garage to Occupy more than One-hundred Fifty (150) square-feet when Accompanied with an Attached Garage at 11548 - 57th Street NE; and a Variance to Construct Said Garage Five (5) feet from the side Property Line, which is within the Required side-yard Setback often (10) feet. There was concern as to the material used for the driveway for the detached garage, which Mr. Neidermeier informed the Council it will be concrete. Council questioned the location of the garage as it appeared to be close to the fence and Council forewarned the homeowner to protect the five foot portion on the west side of the fence. The Council made the following motion: MOTION BY Council member Berning, seconded by Council member Fay to approve Resolution No. 2008-042 entitled a Resolution Approving a Conditional Use Permit (CUP) and a Variance for a Detached Garage to be located at 11548 - 5th Street NE within the Albertville city limits, which is to allow the construction of more than one private garage on the same lot, a conditional use permit to construct the detached garage over 150 square-feet when accompanied by an attached garage on the same lot, and a variance to construct the garage within the required M:\Public Data\City Council\Council Minutes\2008 Minutes\M 08-04-08 approved. doc City of Albertville City Council Minutes August 4, 2008 Page 8 of 12 side yard setback often (10) feet as presented with the Planning and Zoning Commission's and staff s recommendations, which a signed copy will be scanned and kept electronically on file in the office of the City Clerk. Motion carried unanimously. ENGINEERING Approve 70th Street NE (west ofCSAH i9) improvements Assistant City Engineer Nafstad began by stating that Albertville has been informed that Otsego plans to include 70th Street NE between CSAH 19 and 71 st Street NE as part ofthe Otsego 2008 Street Maintenance Project and would appreciate Albertville's participation in the funding. As a border road between the two cities, one-half of the road between CSAH 19 and Kadler Avenue NE is within the corporate limits of Albertville. Nafstad continued by reporting that Otsego has developed and approved Plans and Specifications for their 2008 Street Maintenance Project that included improvements to 70th Street NE, which they have bid and awarded to Oman Bros. Paving, Inc. Per the bid received by Oman Bros. Paving, Inc. (apparent low bidder), Albertville's cost associated to overlay one-half of 70th Street NE (between CSAH 19 and Kadler Avenue NE) is approximately $57,000. Nafstad informed the Council that staff had met with Otsego staff on July 22,2008 to discuss the 2008 Street Maintenance Project, which Albertville staff learned that Otsego would consider limiting the scope of the project to just that of a leveling course. During the meeting with Otsego, Albertville was informed that should Albertville elect not to participate in the street improvement, Otsego would most likely proceed with improving only the portion that is within the Otsego city limits. City Administrator Kruse noted that staff is meeting and understands the Council's feelings towards some of these projects and working with abutting communities. Kruse encouraged the Council to consider Option No.1 that Nafstad has proposed. City Council members discussed whether the City of Albertville should consider to participate in the improvement or not. From the discussion, it appears the Council members were not very favorable in participating and the following motion was made: MOTION BY approving the City of Albertville entering into a Funding Agreement with the City of Otsego regarding improvement to 70th Street NE, between CSAH 19 and Kadler Avenue NE, by means of bituminous overlaying and related type work per the City ofOtsego's 2008 Street Maintenance Project plans and specifications. Such agreement shall be structured that Albertville will reimburse the City ofOtsego for Albertville's portion of the project costs, which are estimated to be approximately $57,000 subject to the City ofOtsego entering into a CSAH 19 Agreement transitioning a four lane road in Albertville to a two lane road in Otsego. Motion carried unanimously. M:\Public Data\City Counci1\Council Minutes\2008 Minutes\M 08-04-08 approved. doc City of Albertville City Council Minutes August 4, 2008 Page 9 of 12 Accept the Assistant City Engineer's Progress Report Mayor Klecker asked the Council members if they had any questions or concerns regarding the Assistant City Engineer's Progress Report that was presented in the packet. Council members inquired about the 2008 Sealcoat Project and Overlay Project and whether notices were sent to the property owners. Nafstad reported that notices are generally not sent to property owners for Sealcoat Projects. But as far as the Overlay, notices are sent to property owners as to what is going to be taking place. Council then asked about Winter Park Improvements and the progress of the grass. N afstad reported that it needs to be seeded again this year; however, there is progress being made in other areas of the park. Next topic was the Letters of Credit, Council questioned whether the City should be reducing them or releasing them. Council recommended holding off on Towne Lakes 5th Addition's Letters of Credit. Council had concerns with Lachman Avenue NE Project and the progress. Nafstad gave a brief update stating that the sidewalks are being installed soon. The Council wanted to touch on the 70th Street NE (CSAH 19 and MacIver Avenue NE), which Council expressed concern with Change Order No. 1 and working with Otsego. Following the above questions and concerns from the Council members, they proceeded to accept the Assistant City Engineer's Progress Report dated Friday, July 25,2008 as presented in the August 4, 2008 City Council packet. LEGAL Accept the City Attorney's Report City Attorney Couri touched on Highway 19 South Improvement, which Assistant City Engineer's deposition was recently taken. There are pre-trial conferences coming up in August and staff would report back to the Council the outcome of the meetings. Couri touched on Lachman A venue (Barthel Commercial Park 3rd Addition), which has been recorded and staff continues to work with Don Barthel. Other areas within the Attorney's report that were very briefly discussed were; TIF Districts (TIF Audit), Towne Lakes 6th Addition, STMA Ice Arena Expansion Purchase Agreement, and Towne Lakes outstanding utility bill. Staff stated they would keep Council up-to-date as these items progress. M:\Public Data\City Counci1\Council Minutes\2008 Minutes\M 08-04-08 approved.doc City of Albertville City Council Minutes August 4, 2008 Page 10 of 12 Mayor Klecker asked if the Council members had any questions for the City Attorney regarding his report. Council members brought up the Letter of Credit topic, which staff did their best to explain to the Council how the Letter of Credit process works. Staff reported on the rules and or restrictions that are laid out in the Developer's Agreement on when and or how the City may draw from the Letter of Credit. Council members suggested when new Council members are elected into office, that staff should include the history of development(s) that have takenplac.e. and.to bringto the new Council members attention the concerned areas or problem areas within the City. Council inquired about the CSAH 19 Appeals and encouraged staff to update on the pre-trial conferences. Staff reiterated they would keep the Council informed of the outcomes of the pre- trail. Following the comment, staff suggested that a Council member should serve on the mitigation. Mayor Klecker volunteered to serve as the Albertville City Council representative on the CSAH 19 mitigation. With all comments and concerns regarding the City Attorney's Report; the Council members accepted the City Attorney's Report dated Monday, July 28, 2008 as presented in the Monday, August 4,2008 regular City Council packet. ADMINISTRA nON Accept the City Administrator's Written Report City Administrator Kruse asked the Council if they had any questions or concerns regarding the written report that was included in the August 4, 2008 regular City Council packet. Upon hearing no comments from the Council members, the City Administrator's Written Report dated Wednesday, July 30, 2~was.a€ceptedas.~,}>>theMenday, August 4,2008 regular City Council packet. CITIZENS OPEN FORUM Mayor Klecker brought up the presence of a Wright County Deputy in the audience. Council members asked and encouraged the Wright County representative to pass the message on that when a law enforcement officer is in the area to occasionally stop by and visit the local parks. Council recommended sharing the message with other officers that serve Albertville to have the officer stop by the parkes), step out of the vehicle to stretch and visit with the individuals within M:\Public Data\City Council\Council Minutes\2008 Minutes\M 08-04-08 approved. doc City of Albertville City Council Minutes August 4, 2008 Page 11 of 12 the park. By doing this simple task, Council is hoping this would send out a message that the City is monitoring the parks within the City. ANNOUNCEMENTS and or UPCOMING MEETINGS Mayor Klecker asked the Council to review the upcoming meetings and calendar of events. August 2008 5 7:00 p.m. n 6:00 p.m. n 7:00 p.m. 12 7:00 p.m. 18 7:00 p.m. 25 6:00 p.m. 25 7:00 p.m. 26 8:00 a.m. September 2008 1 all day 2 6:00 p.m. 2 7:00 p.m. 8 6:00 p.m. 9 7:00 a.m. 9 5:00 p.m. 9 8:00 p.m. 10 7:00 p.m. 15 7:00 p.m. 22 6:00 p.m. 29 6:00 p.m. October 2008 6 7:00 p.m. 13 all day 13 6:00 p.m. 14 7:00 p.m. 20 7:00 p.m. 27 6:00 p.m. 27 7:00 p.m. Election Judge Training STMA Ice Arena Board meeting 2008 Budget Workshop Planning and Zoning Commission meeting City Council meeting Joint Powers Water Board meeting 2008 Budget Workshop (tentative) Filing for Candidacy Opens Labor Day observed - City Offices closed Committee ofthe Whole workshop (RFS City-wide Garbage) City Council meeting STMA Ice Arena Board meeting (Albertville upper level) Primary Election - Poles Open Filing for Candidacy Closes Primary Election - Poles Close Planning and Zoning Commission meeting City Council meeting Joint Powers Water Board meeting Jt. City of Albertville; City of St. Michael and STMA School Board meeting (School Board Room) City Council meeting Columbus Day observed - City Offices closed STMA Ice Arena Board meeting Planning and Zoning Commission meeting City Council meeting Joint Powers Water Board meeting Committee of the Whole Workshop (tentative) M:\Public Data\City Council\Council Minutes\2008 Minutes\M 08-04-08 approved. doc City of Albertville City Council Minutes August 4, 2008 Page 12 of 12 ADJOURNMENT MOTION BY Council member Fay, seconded by Council member Wagner to adjourn the August 4,2008 regular City Council meeting at 8:25 p.m. Motion carried unanimously. Q<n'L ~/bT~_ Ron Klecker, Mayor ~~~. i\(~~) Bridget Mille City Clerk M:\Public Data\City Council\Council Minutes\2008 Minutes\Bridget's drafts\M 08-04-08 B-drafts.doc Agenda Item No.6. Meeting Date August 18,2008 Albertville City Council August 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 agenda Jane Smith 1325 Any Street N E Albertville No - agenda item John Doe 1295 Your Street NE Annandale Yes - car(s) speeding Vtri }.l.-L~~d" II S 4e ~7"~-L.. A-lk.kd~ NcJ- o.'l'~ L~J~ ;::r~h ;}k" v .s- >!v u I~ 1tfJ?i' ~ ...... J M:\Public Data\City Council\2008 Public Hearing Attendance.doc