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2008-10-20 CC Minutes ~ 1\!1?.€!!'!iJ I~ ALBERTVILLE CITY COUNCIL OCTOBER 20, 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, LeRoy Berning and John Vetsch, City Planner Alan Brixius, City Attorney Michael Couri, Assistant City Engineer Adam Nafstad, City Administrator Larry Kruse, and City Clerk Bridget Miller ABSENT: none OTHERS PRESENT: Arlan Middleton of Middleton & Associate, Inc., Dan Dixson of the Guardian Angels of Elk River 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. Stephen Bredesen with the Albertville Lions asked the Council to approve a 1 to 4 Day Temporary Intoxicating Liquor License. Mr. Bredesen explained to the Council that he neglected to get the 1 to 4 Day Temporary Intoxicating Liquor License in for Council approval. Bredesen was hoping that the Council would be kind and approve the 1 to 4 Day Temporary Intoxicating Liquor License Application that was submitted to the City Clerk prior to the meeting. M:\Public Data\City Council\Council Minutes\2008 Minutes\M 10-20-08 Approved.doc City of Albertville City Council Minutes October 20, 2008 Page 2 of 11 Council made the following motion regarding the Albertville Lion's 1 to 4 Day Temporary Intoxicating Liquor License: MOTION BY Council member Berning, seconded by Council member Wagner to approve the Albertville Lions 1 to 4 Day Temporary Intoxicating Liquor License for November 1, which is for a Comedy Event to be held at the St. Albert Parish Center that is located within the Albertville city limits. Motion carried unanimously. Missy Kotchen of 10422 - 62nd Street NE informed the Council that her backyard butts up to Winter Park. Since the ball-diamond has been installed she has experienced vandalism to her fence. Kotchen went on to explain that the way the ballfield is laid out; the balls are hit towards her home. Kotchen stated that she did notify the Public Works Supervisor, the Assistant City Engineer Nafstad, and City Administrator Kruse, who have all visited with her and examined the status of the damage. Kotchen then brought up the fact that she has called the Police and has filed reports with them. Kotchen was under the impression the City was going to plant trees between the trail and the residential backyards, which she suggested that the City should do to prevent more balls from being hit into her backyard. Kotchen's other recommendation, if the trees were not going to be planted, was to install a 5-foot high fence with a 6-foot high netting extension. The Council listened to Ms. Kotchen's concern with the balls being hit into her backyard. But as City Administrator Kruse reported, the park is not officially open and that it is still under construction. Since the park is not officially open, about all the Council members could recommend to Ms. Kotchen was to continue contacting the police every time there appears to be a problem. What this does, is it creates a history to identify when the occurrences happen and what type of damage is done. AMENDMENTS TO THE AGENDA Mayor Klecker asked if there were any amendments to the agenda. Council member Berning added an item under Administration inquiring about Consultant Fees. Upon adding the above item, Klecker asked for a motion to approve the agenda as amended. MOTION BY Council member Wagner, seconded by Council member Berning to approve the Monday, October 20, 2008 regular Albertville City Council agenda as amended. Motion carried unanimously. MINUTES Tuesday, September 2, 2008 Prairie Run Closed Session minutes M:\Public Data\City Council\Council Minutes\2008 Minutes\M 10-20-08 Approved.doc City of Albertville City Council Minutes October 20, 2008 Page 3 of 11 MOTION BY Council member Wagner, seconded by Council member Fay to approve the Tuesday, September 2,2008 Prairie Run Closed Session minutes as presented, which will be printed, signed; then the signed copy will be scanned and the electronic scanned minutes will be kept on file in the office of the City Clerk. Motion carried unanimously. Monday, September 29,2008 STMA School Board, City of Albertville, and City of St. Michael joint meeting MOTION BY Council member Wagner, seconded by Council member Vetsch to approve the Monday, September 29,2008 STMA School Board, City of Albertville, and City of St. Michael joint meeting minutes as presented, which will be printed, scanned and the electronic scanned minutes will be kept on file in the office of the City Clerk. Motion carried unanimously. October 6, 2008 Prairie Run Update Closed Session minutes MOTION BY Council member Wagner, seconded by Council member Fay to approve the October 6, 2008 Prairie Run Update Closed Session minutes as presented, which will be printed, signed; then the signed copy will be scanned and the electronic scanned minutes will be kept on file in the office of the City Clerk. Motion carried unanimously. October 6, 2008 regular City Council minutes Mayor Klecker asked the Council if there were any changes to the Monday, October 6,2008 regular City Council minutes. MOTION BY Council member Wagner, seconded by Council member Fay to approve the Monday, October 6, 2008 regular City Council minutes as presented, which will be printed, signed; then the signed copy will be scanned and the electronic scanned minutes will be kept 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. M:\Public Data\City Council\Council Minutes\2008 Minutes\M 10-20-08 Approved.doc City of Albertville City Council Minutes October 20, 2008 Page 4 of 11 Mayor Klecker inquired if the Council members or staff wanted any of the items pulled from the October 20, 2008 Consent Agenda. The following items were pulled from the Consent Agenda for further discussion and or explanation: 8.E.1. Building Official's Report; and 8.F.1. October 20, 2008 Payment of Claims. Mayor Klecker asked for a motion to approve the October 20, 2008 Consent Agenda pulling the items 8.E.1. Building Official's Report; and 8.F.1. October 20,2008 Payment of Claims. MOTION BY Council member Wagner, seconded by Council member Berning to approve the October 20, 2008 Consent Agenda pulling items 8.E.l. Accept the Building Official's Report dated October 14,2008; and 8.F.1. Approve the October 20,2008 Payment of Claims (bills) for check numbers 026251 to 026306, which the items 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. DEPARTMENT BUSINESS CITY COUNCIL Approve the 2008-2009 Insurance Proposal from the League of Minnesota Cities Insurance Trust (LMCIT) as presented by Middleton & Associates, Inc. with a $1,000 deductible Arlan Middleton began by explaining the values are based on the purchase price. The Parks were appraised in 2006, in which Middleton physically visited each park and took pictures to document what equipment was located at each park. Middleton informed the Council that these values can be re-evaluated. Middleton reported that if equipment is no longer located within a certain park, then it should be brought to his attention to adjust the value of the park. Council and Middleton continued the discussion on how the values were arrived at and how to proceed with re-evaluating the value(s). Then the question was asked of Mr. Middleton as to when the policy is due, which Middleton responded that it was due October 1, 2008. The next question Council asked was if staff re-evaluates the value how would the policy be adjusted. Middleton explained that the adjusted values would be submitted to the LMCIT, which should result in an adjusted policy and a refund would be sent to the City. MOTION BY Council member Berning, seconded by Council member Vetsch to approve the 2008-2009 Insurance Proposal from the League of Minnesota Cities Insurance Trust (LMCIT) as presented by Middleton & Associates, Inc. with a $1,000 deductible as presented, which will be printed and the signed copy will be scanned and the electronic scanned minutes will be kept on file in the office of the City Clerk; and authorize staff to re-evaluate the value and review or inventory what items or equipment is located in the various locations, then report back to the City Council at a future meeting. Motion carried unanimously. M:\Public Data\City Council\Council Minutes\2008 Minutes\M 10-20-08 Approved.doc City of Albertville City Council Minutes October 20, 2008 Page 5 of 11 Maxfield Market Feasibility Study Presentation by Dan Dixson (distributed in the October 6, 2008 Council packet) Monday night the Albertville City Council heard from Dan Dixon, President of the Guardian Angels of their desire to construct a continuum of care campus in Albertville. The Guardian Angels project has been a goal and priority of the City Council for the past couple of years. If all goes as planned construction could start as early as the spring of 2009 with an 88 unit senior housing building, which would consist of 70 units of congregate care or assisted living and another 18 units of memory care. Guardian Angels estimates Phase One will cost approximately $10,000,000 with occupancy scheduled for fall of 2009 or early 2010. Dixson went on to report they have begun taking names of people interested in living at the new facility. Future project phases may include a 36 unit skilled nursing facility and 24 units of independent living. The campus would allow seniors multiple housing options as they age and need additional services. Dixson stated they have the land under a purchase agreement and pending board approval. Dixson informed the Council that they are excited about the project in Albertville. The Albertville Council unanimously endorsed the project saying they all support a senior housing project and feel the Guardian Angels is one of the best providers in the area. St. Michael Library (update from Council member Berning) Council member Berning presented the St. Michael Library and City Hall site and building plan layout. Berning identified where the Library would be in conjunction with the St. Michael City Hall. It was noted there would be a shared area between the two establishments, which appeared to be a conference room that was also connected to the St. Michael Council Chamber. Berning displayed for the Council the colorful renderings that were given to the Albertville City staff as the City's copy of the project. In conclusion, Berning stated that the City Hall is tentatively on hold until approximately 2010; therefore, the St. Michael Library is also. FIRE DEPARTMENT - no comments PUBLIC WORKS DEPARTMENT Council member Berning brought to staffs attention that there are a number of green phone connection boxes throughout Albertville that appear to have minor vandalism. Berning directed City Administrator Kruse to have the PW Department check the boxes out and see if there is a M:\Pub1ic Data\City Council\Counci1 Minutes\2008 Minutes\M 10-20-08 Approved.doc City of Albertville City Council Minutes October 20, 2008 Page 6 of 11 way to contact the phone company to better secure the boxes. Berning is concerned that kids are tampering with them and could either get hurt or someone's phone service would become disconnected. City Administrator Kruse acknowledged the concern and would inform Public Works Supervisor Guimont to do his best to address the concern. UTILITIES DEPARTMENT (WWTP) - no comments BUILDING DEPARTMENT Council member Berning had a concern with the Building Official's Report dated October 14, 2008 in regards to the Full Moon Saloon & Bar's recent Fire Inspection. Berning inquired if the Building Official and Fire Chief inspect the air conditioning unit or the HV AC during the fire inspections. Berning questions whether the Full Moon Saloon & Bar's air conditioning system is working properly with the number of noise complaints from his establishment. City Administrator Kruse reported that he visited with Mr. Mabusth and brought to his attention the fact that the back door is being propped open; therefore, allowing the noise to filter outside that disturbs the neighboring residents. Mr. Mabusth acknowledged the complaint and would bring it to staff attention's to monitor the back door. After the Council's discussion of the Building Official's Report dated October 14,2008, the following motion was made: MOTION BY Council member Berning, seconded by Council member Fay to accept the Building Official's Report dated October 14,2008 as presented in the October 20,2008 regular City Council packet with a condensed BudgetlPermit Report to conserve on paper consumption. Motion carried unanimously FINANCE DEPARTMENT Approve the October 20, 2008 Payment of Claims (bills) for check numbers 026251 to 026306 Council had a question regarding check number 026254 made payable to Alley Companies Inc. in the amount of$128.58; check number 026255 made payable to Aramark Uniform Services in the amount of $47.46; and check number 026256 made payable to Bolton & Menk, Inc. in the amount of$19,338.17. M:\Public Data\City Council\Council Minutes\2008 Minutes\M 10-20-08 Approved.doc City of Albertville City Council Minutes October 20, 2008 Page 7 of 11 The concern with check no. 026254 had to deal with the amount being spent on paper towels. Council suggested investing in an automated paper towel dispenser that regulates how much paper product is dispensed. The issue brought up with check no. 026255 was the amount spent on the mats/rugs at the Fire Hall. Council inquired as to how often the rugs are switched out. City Administrator Kruse was not sure it if was weekly or bi-weekly; however, Kruse would find out how often and report to the Council the findings. The final check no. 026565 was the status of Hunter's pass and other developments that appear to be completed, but are still showing up on the invoices. Assistant City Engineer Nafstad reported the Hunter's Pass Estates portion of the invoice has to deal with the Punchlist, which there are a few items still outstanding. MOTION BY Council member Berning, seconded by Council member Vetsch authorizing the Monday, October 20,2008 Payment of Claims (bills) for check numbers 026251 to 026306 as presented except the bills specifically pulled, which if pulled from the Consent Agenda will require a separate discussion from the Consent Agenda and a separate motion from the Consent Agenda. The checks and supporting documents will be scanned and kept electronically on file in the office ofthe Finance Director. Motion carried unanimously. CITY CLERK - no comments PLANNING AND ZONING Parks ide Commercial (discussion item) City Planner Brixius reported that since the approval of the Parkside Commercial Second at the September 2, 2008 Council meeting; the developer has contacted Brixius regarding the installation of the four deciduous trees. The developer requested the Council to relieve them of planting the four deciduous trees until the second building is constructed. The developer has agreed and is in the process of completing the remaining items noted in Ordinance No. 2008-008 and the Conditional Use Permit (CUP) / Planned Unit Development (PUD). Brixius went on to inform the Council it is unknown when the second building will be constructed and the developer does not feel the trees will survive once the construction takes place. MOTION BY Council member Berning, seconded by Council member Wagner to relieve SECTION 2. Part 2. The following landscape improvements shall be completed in accordance with the approved Landscape Plan prior to the issuance of any new occupancy permit for the existing building. Sub-section f. Applicant shall install four deciduous trees along 57th Street NE per the approved Landscape Plan within the context of Ordinance No. 2008-008 entitled an Ordinance Amending the Official Zoning Map of the City of Albertville Relating to the Property M:\Public Data\City Council\Council Minutes\2008 Minutes\M 10-20-08 Approved.doc City of Albertville City Council Minutes October 20, 2008 Page 8 of 11 at Parkside Commercial Center located west of Highway 19 and north of 5th Street NE, which the developer will plant six (6) trees in conjunction with construction of the second building. Motion carried unanimously. Accept the City Planner's Monthly Report dated October 14, 2008 Mayor Klecker asked if the Council members had any questions or concerns regarding the City Planner's Monthly Report. Upon hearing no additional comments or concerns, the Council proceeded to accept the City Planner's Report dated October 14,2008 as presented in the October 20, 2008 City Council packet. ENGINEERING Accept the Assistant City Engineer's Progress Report Assistant City Engineer Nafstad reported that a pre-construction meeting was held on October 16th. It is anticipated that the Contractor will close Barthel Industrial Drive NE and begin construction on Friday the 24th. The road will be closed for approximately three (3) weeks and re-opened once paving operations are complete. To prepare for the road closure, Barthel Industrial Drive NE will be signed with advance notice signs and staff will be notifying businesses by mail and by phone. Nafstad informed the Council that Steffen's Meats and Sunoco Gas Station will not have water on Saturday, October 25; therefore, Nafstad suggested the City allow a biffto be placed for the day. Upon hearing the concern, Council allowed staff to rent a biff for the day. Council member Berning suggested placing additional signage on other streets that connect to Main Avenue NE. Berning was concerned with trucks going down one of the streets and then potentially getting stuck because there is insufficient room to turn. N afstad and Kruse then reported on the Hockey Arena pedestrian crossing concern that was brought up. Kruse informed the Council that he drove 60th Street NE and could not identify where an appropriate spot for a pedestrian crossing is. There appears to be plenty of parking spaces for the patrons to use. Nafstad explained to the Council that the Winter Park layout stating that the ballfield is meant for younger kids. The field is about 200+ feet away from Ms. Kotchen's backyard. Mayor Klecker asked if the Council members had any questions or concerns regarding the Assistant City Engineer's Progress Report. Upon hearing no additional comments or concerns, the Council proceeded to accept the Assistant City Engineer's Progress Report dated Friday, October 10, 2008 as presented in the October 20, 2008 City Council packet. M:\PubIic Data\City Council\Council Minutes\2008 Minutes\M 10-20-08 Approved.doc City of Albertville City Council Minutes October 20, 2008 Page 9 of 11 LEGAL - no comments ADMINISTRATION Set Wednesday, November 5,2008 at 7:00 p.m. or soon thereafter as the Downtown Land Trade Assessment Hearing City Attorney Couri gave a brief explanation as to the purpose of calling the Public Hearing. The business owners and residents have agreed to purchase the land that the City purchased from the BNSF Railroad. Following discussions with the business owners and residents, it was the consensus to assess the purchase of the land rather than paying the full amount up front. Staff is looking for a motion to set the date. At the November 5, 2008 Council meeting we will hear from the proposed parties during the public hearing; then Council will review and approve the Resolution that staffhas prepared for the Assessment. MOTION BY Council member Vetsch, seconded by Council member Berning to set Wednesday, November 5, 2008 at 7:00 p.m. or soon thereafter as the Downtown Land Trade Assessment Hearing as presented, which will be properly noticed in the Crow River News, sent to the appropriate parties, noticed at City Hall, and will be electronically scanned and will be kept on file in the office of the City Clerk. Motion carried unanimously. Accept the City Administrator's Written Report City Administrator Kruse asked the Council if they had any questions or concerns with the Written Report that was included in the Council packet. Mayor Klecker asked if the Council members had any questions or concerns regarding the City Administrator's Written Report. Upon hearing no comments or concerns with the report, the Council proceeded to accept the City Administrator's Written Report dated Wednesday, October 15,2008 as presented in the October 20,2008 City Council packet. Approve continuing the four (4) 10-hour day workweekfor City Hall until such time the City Council deems it appropriate to modify; directing staff to closely monitor customer service, employee safety, and other factors; and report back to Council regularly to determine any need to modify or change City Hall hours. Public Works and Utilities effective November 3, 2008 shall go back to a five (5) 8-hour day workweek for the winter months and the Council will re- evaluate in the spring City Administrator Kruse informed the Council that the four (4) 10-hour day workweek Monday through Thursday has been working well. Kruse commented that on a "customer service" M:\Public Data\City Council\Council Minutes\2008 Minutes\M 10-20-08 Approved.doc City of Albertville City Council Minutes October 20, 2008 Page 10 of 11 aspect, continuing the hours appears to be a positive consideration rather than changing the hours back and forth causing more confusion to the customers. MOTION BY Council member Berning, seconded by Council member Fay to set City Hall work hours at four (4) 10-hour day workweek Monday through Thursday. The Public Works and Utilities Departments is hereby set at five (5) 8-hour day workweek during the winter and four (4) 10-hour day workweek during the summer season, changing with Daylight Savings. Motion carried unanimously. Consultant Fees Council member Berning brought to staff and the Council's attention that he had been approached by a previous/current developer regarding the consultant fees. When the developer submitted the Development Application, the developer did not realize how many additional fees were going to be charged beyond the initial application fees. It was the direction from the Council to have City staff review and or evaluate the Development Application process to alleviate some of the additional consultant fees that are charged. Berning recommended holding a workshop with the Council to better explain the step-by-step process so that the Council would understand more clearly what is involved. City Administrator Kruse concurred with Council member Berning to hold a workshop to discuss the Development Review Process and at the same meeting the Council and staff could discuss other various fees/charges for services. Mayor Klecker asked the Council to set November 24,2008 beginning at 7:00 p.m. as a Workshop for the purpose of discussing Consultants Fees and other various City fees with City staff. Council unanimously agreed to set Monday, November 24,2008 as a Workshop that would begin at 7:00 p.m. to discuss fees. CITIZENS OPEN FORUM - no comments ANNOUNCEMENTS and or UPCOMING MEETINGS Mayor Klecker asked the Council to review the upcoming meetings and calendar of events. October 2008 27 6:00 p.m. 27 7:00 p.m. 29 6:00 p.m. Joint Powers Water Board meeting Committee of the Whole Workshop (tentative) Otsego Creek Authority meeting (Otsego City Hall) M:\Public Data\City Council\Council Minutes\2008 Minutes\M 10-20-08 Approved.doc City of Albertville City Council Minutes October 20, 2008 Page 11 of 11 November 2008 2 2:00 a.m. 4 7:00 a.m. 4 8:00 p.m. 5 6:00 p.m. 5 7:00 p.m. 10 6:00 p.m. 11 all day 12 7:00 p.m. 17 7:00 p.m. 24 6:00 p.m. 24 7:00 p.m. 27 all day 28 all day December 2008 1 6:30 p.m. 1 7:00 p.m. 8 6:00 p.m. 9 7:00 p.m. 15 6:30 p.m. 15 7:00 p.m. 22 6:00 p.m. 25 all day 24 all day ADJOURNMENT Daylight Savings ends (set clocks back) General Elections - Poles Open General Elections - Poles Close Canvas Board (Canvas Election Results) City Council meeting STMA Ice Arena Board meeting Veterans' Day observed - City Offices closed Planning and Zoning Commission meeting City Council meeting Joint Powers Water Board meeting Committee of the Whole Workshop (tentative) Thanksgiving Day observed - City Offices closed Thanksgiving Holiday observed - City Offices closed Truth-in- Taxation Hearing City Council meeting STMA Ice Arena Board meeting Planning and Zoning Commission meeting Truth-in- Taxation Hearing (continued if necessary) City Council meeting Joint Powers Water Board meeting Christmas Day observed - City Offices closed Christmas Holiday observed - City Offices closed MOTION BY Council member Berning, seconded by Council member Fay to adjourn the October 20,2008 regular City Council meeting at 9:39 p.m. Motion carried unanimously. 9(0- ~~ Ron Klecker, Mayor J ~!Y) .0rJ1{AJ Bridget Miller, City Clerk M:\Public Data\City Council\Council Minutes\2008 Minutes\M 10-20-08 Approved.doc PRINT Name Jane Smith John Doe ~~'~I'd~ 1) \ Ie?"' l)!CNI"L '.:., t\- tJ 1)'I)c-D AJ Albertville City Council October 20, 2008 Public Attendance Record Address City 1325 Any Street NE Albertville 1295 Your Street NE Annandale 10)") ~-~~j~WlZ S{. r\1.t.k~Q.-\ Complete a "Request to Speak" card if you want to speak to the council regarding an item that is not on the a end a No - agenda item Yes - car(s) speeding Yes .....Aloo~l fV~lt II/I T L-\. 0 I2t)D EA/ Pr -' St-- TI D~ ^^ ~ It) q -;-5~ -1r- N ~ t-~e4-'t.,)jLl L- M:\Public Data\City Council\2008 Public Hearing Attendance.doc .. )\k( f(jJf0