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2008-11-05 CC Minutes ~ All?.~!!UL€ ALBERTVILLE CITY COUNCIL NOVEMBER 5, 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 LeRoy Berning, Tom Fay, Dan Wagner, and John Vetsch, City Attorney Michael Couri, City Planner Alan Brixius, Assistant City Engineer Adam Nafstad, Finance Director Tina Lannes, City Administrator Larry Kruse, and City Clerk Bridget Miller ABSENT: none RECOGNITIONS - PRESENTATIONS - INTRODUCTIONS Mayor Klecker recognized and congratulated the newly elected Albertville City Council member Larry Sorensen. 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. Pete Wagener of 10690 - 56th Street NE asked the Council to consider amending the Ordinance for Accessory Buildings regarding to the size that is allowed. Wagener explained to the Council that his attached garage is rather small, which is a basic single car garage. Mr. Wagener was unaware of the fact that the City required more than a building permit to construct a detached accessory structure. Wagener reiterated by suggesting that the Council amend the ordinance to allow for a larger size detached accessory building. Wagener brought to the Council's attention the fact that he M:\Public Data\City Council\CounciI Minutes\2008 Minutes\M 11-05-08 Approved.doc City of Albertville City Council Minutes November 5, 2008 Page 2 of 15 received a notice from the City informing him what the steps were in the process of building the detached accessory building on his property. Wagener did not realize he needed to apply for a Conditional Use Permit (CUP) and possibly a variance, which is going to cost him more. Mr. Wagener brought up the fact that he researched the surrounding communities and found that Monticello allows a larger size accessory building with minimal to no extra cost. Wagener recommended that the City consider amending the Ordinance so it would be similar to Monticello's restrictions. City Planner Brixius asked the Mayor ifhe could give some background information on Mr. Wagener's structure. Brixius stated that, according to the 2005 Albertville Municipal City Code, the City does not allow this size of an accessory building without approval of a Conditional Use Permit (CUP). rfMr. Wagener wanted to build a structure over 1,200 square-feet, he would need to apply for a CUP and depending upon the location of the structure a variance, which would cost him about $3,000+/-. Brixius reminded the Council that in recent years the City has approved other CUPs within the Albertville city limits that allowed property owners to construct a detached accessory building/garage who applied for the CUP and or variance. Brixius continued by explaining what staff is asking, which is for the City Council to consider amending the 2005 Albertville Municipal City Code to allow such structures to go through an Administrative Permit process rather than a CUP - variance. By allowing these structures to go through an Administrative Permit process would be less costly to the homeowner. Should the Council decide to amend the code, staff recommends keeping the same restrictions for the Administrative Permit as those for the Conditional Use Permit. Council did inquire as to why staff didn't catch this sooner, why didn't staff put a "stop work order" on the construction, and final question was why a building permit was not submitted prior to construction. Mr. Wagener basically admitted that he did not realize he needed to apply for a building permit until he received the notice from the City, which Wagener apologized for the error on his part for not doing his homework. Upon asking the questions and carefully discussing the situation, the Council made the following motion: MOTION BY Council member Wagner, seconded by Council member Berning to direct staff to review and prepare an Ordinance that would amend the 2005 Albertville Municipal City Code to include language regarding an Administrative Permit for Accessory Building that would have the same restrictions as a Conditional Use Permit. Motion carried unanimously. M:\Public Data\City Council\Council Minutes\2008 Minutes\M ] 1-05-08 Approved.doc City of Albertville City Council Minutes November 5, 2008 Page 3 of 15 AMENDMENTS TO THE AGENDA Mayor Klecker asked if there were any amendments to the agenda. Council member Berning added an item under Finance - Fire Department and two items under Engineering - Street Lights - 60th Street and CR 19; City Planner Brixius added one under Planning - Accessory Buildings (which was moved up under Citizen Form). Upon adding the above items, Klecker asked for a motion to approve the agenda as amended. MOTION BY Council member Wagner, seconded by Council member Berning to approve the Wednesday, November 5, 2008 regular Albertville City Council agenda as amended adding the above items, which will be discussed in the General Order of Business and considered in its normal sequence on the agenda. Motion carried unanimously. MINUTES October 20, 2008 regular City Council minutes Mayor Klecker asked the Council ifthere were any changes to the Monday, October 20,2008 regular City Council minutes. MOTION BY Council member Wagner, seconded by Council member Vetsch to approve the Monday, October 20, 2008 regular City Council minutes as presented, which will be printed and signed; then the signed copy will be scanned and the electronic scanned version will be kept on file in the office ofthe City Clerk that will serve as the City's official record. Motion carried unanimously. CONSENT AGENDA e CONSENT AGENDA All items with an asterisk (e) 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 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: 9.E.1 Approve the Wednesday, November 5, 2008 Payment of Claims (bills) for check numbers 026315 to 026367; 9.E.2 Approve Resolution No. 2008-057 entitled a Resolution Certifying the 2008 Final List of Uncollected Utility Bills and Outstanding Invoices to Wright County for Collection with Real Estate Taxes. City Clerk Miller M:\Public Data\City Council\Council Minutes\2008 Minutes\M 11-05-08 Approved.doc City of Albertville City Council Minutes November 5, 2008 Page 4 of 15 asked that item 9.1.1 be corrected. On page one of the agenda it reads "Hunters Pass Estates" and it should be "Field Plaza Second". Mayor Klecker asked for a motion to approve the November 5,2008 Consent Agenda pulling the items 9.E.1 Approve the Wednesday, November 5, 2008 Payment of Claims (bills) for check numbers 026315 to 026367; 9.E.2 Approve Resolution No. 2008-057 entitled a Resolution Certifying the 2008 Final List of Uncollected Utility Bills and Outstanding Invoices to Wright County for Collection with Real Estate Taxes. MOTION BY Council member Wagner, seconded by Council member Fay to approve the November 5, 2008 Consent Agenda pulling items 9.E.l Approve the Wednesday, November 5, 2008 Payment of Claims (bills) for check numbers 026315 to 026367; 9.E.2 Approve Resolution No. 2008-057 entitled a Resolution Certifying the 2008 Final List of Uncollected Utility Bills and Outstanding Invoices to Wright County for Collection with Real Estate Taxes, 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. PUBLIC HEARING Approve RESOLUTION No. 2008-056 entitled a Resolution Adopting Downtown Land Trade Assessment Mayor Klecker opened the public hearing at 7:19 p.m. City Attorney Couri proceeded to go over the background stating that the City has been working with the Downtown Business owners and the four (4) residential property owners for about one (1) year. It has been quite the process with acquiring the BNSF Railroad Property, obtaining the abstracts/titles for the proposed property, and negotiating with the proposed buyers. After numerous meetings of negotiating the exchange of property and square-footage price, reviewing previously agreements and amending them to reflect the final layout of the Downtown Railroad Plat, and obtaining the proposed buyers approval on the finalized agreement. Couri pointed out that there are different terms for the commercial property owners versus the residential property owners. The Public Hearing notice was properly published and a copy was mailed to each property owner with the amount to be assessed. Couri asked if the Council would be flexible on the date that was set in the Resolution due to fact that finalizing on some of the abutting property has not been completed; and due to the fact that the Wright County Surveyor is still reviewing the final plat, which has not been recorded. Upon hearing Couri's request regarding the date, City Administrator Kruse asked the Council to consider waiving the 2008 Interest because it is so close to the end of the year (December 2008) M:\Public Data\City Council\Council Minutes\2008 Minutes\M 11-05-08 Approved.doc City of Albertville City Council Minutes November 5,2008 Page 5 of 15 before everything will be completed. Kruse recommended that the interest begin in January 2009. Council member Vetsch expressed his concern with the amount of water in the rear yards of Mr. Drew and Mr. Vetsch. Council member Vetsch wanted to make sure the water issue would be resolved or hopefully not effect the residents' consideration of purchasing the property. Assistant City Engineer Nafstad displayed a copy ofthe Preliminary Plat known as 'Downtown Railroad Plat' that was being reviewed by the Wright County Surveyor. Nafstad identified on the plat as to where there appeared to be a swale or an area where storm water collects, which a Council member Vetsch brought up. Mayor Klecker asked if there was anyone in the audience regarding the Public Hearing for the Adopting Downtown Land Trade Assessment. Curt Gentile, owner of Geez Sports Bar & Grill located at 5788 Main Avenue NE introduced himself to the Council. Mr. Gentile then proceeded to explain that according to the memo that was prepared by NAC in November 2007, there appears to be a discrepancy in the assessment amount. Gentile noted that in the memo the amount was different than the amount that was noticed in the Public Hearing Notice that he received in the mail. Gentile also pointed out that the amount the interest percentage agreed upon was 4%, and in the Public Hearing notice is states 6.1 %. Gentile's final comment was in regards to the final agreement that he signed in the Summer of 2008, which seemed to conflict with the information he recently received. Couri and Nafstad explained to Mr. Gentile and the Council that when the purchase process began in November 2007, the amounts were estimated due to the unknown of how the plat was going to be laid out. Staff conducted a number of meetings that involved the business owners, in which there was discussion regarding the various ways to re-plat the property. With each meeting there were different scenarios that involved the square-footage and the exchange of land; therefore, the purchase price in November 2007 did change to reflect what was final layout was agreed upon in June/July 2008. Donatus Vetsch of 11572 - 5ih Street NE approached the Council with a concern with the easement that is proposed for his backyard. Mr. Vetsch was under the impression that a fence would be constructed, but it was unclear as to the location of the fence. Mr. Vetsch has agreed to purchase the 3D-foot strip across the rear of his property. But if the fence goes up across his original backyard, he would like to reconsider the purchasing the 3D-foot piece of property. Mr. Vetsch explained why he would like to reconsider the purchase because he would like to plant some trees along the newly proposed rear property line, but if the fence goes up on his current property line he would not be able to do so. Vetsch wanted clarification as to whether a fence would be constructed; and if yes, what property line would be used to place the fence? Staff reported that the fence was a stipulation of the Downtown Railroad Development. If the fence were to be installed, it would be on the 152 Club (Ms. Holm's) property line not Mr. M:\Public Data\City Council\Council Minutes\2008 Minutes\M ] 1-05-08 Approved.doc City of Albertville City Council Minutes November 5, 2008 Page 6 of 15 Vetsch's. The fence would be a buffer between the Downtown Business establishments and the residential homes, which the City has been implementing in other business developments that abut residential property. Mayor Klecker asked if there was anyone else in the audience that wanted to speak regarding the Public Hearing. There was no one in the audience that wanted to discuss the public hearing for the Adopting Downtown Land Trade Assessment. Mayor Klecker closed the public hearing at 8:54 p.m. MOTION BY Council member Fay, seconded by Council member Berning to approve RESOLUTION No. 2008-056 entitled a Resolution Adopting Downtown Land Trade Assessment with the City Attorney's request to change the date that interest begins to accrue to January 1, 2009 and to amend Curt Gentile's assessment amount to be $32,660.55, which will be printed and signed; the signed copy will be scanned and the electronic scanned version will be kept on file in the office of the City Clerk that will serve as the City's official record. Motion carried unanimously. DEPARTMENT BUSINESS CITY COUNCIL - no comments PUBLIC WORKS DEPARTMENT - no comments UTILITIES DEPARTMENT (WWTP) - no comments BUILDING DEPARTMENT - no comments FINANCE DEPARTMENT Approve the Wednesday, November 5, 2008 Payment ofe/aims (bills) for check numbers 026315 to 026367 Council member Berning and Wagner had questions and or concerns regarding the following checks: Check no. 026331 payable to H. Christiansen Company in the amount of $500.34, which Finance Director Lannes explained the barrier nets are for the outdoor hockey arena at Central-City Park, which are actually broomball nets to help keep the ball from flying out of the area. M:\Public Data\City Council\Council Minutes\2008 Minutes\M 1] -05-08 Approved.doc City of Albertville City Council Minutes November 5,2008 Page 7 of 15 Check no. 026332 payable to Hassan Sand & Gravel, Inc. in the amount of $75.77, which Finance Director Lannes informed the Council that PW Director Guimont obtains quotes from local and non-local vendors to get the best price. Lannes also noted that there are businesses within Albertville that carry ag lime. Check no. 026348 payable to Norstar Wallcovering in the amount of$I,060.00, which Lannes reported this is not walle overing, but is a product used on the floor to assist the firefighters to back the trucks up into the garage area of the Fire Hall. Lastly, Check no. 026349 payable to Northern Water Works in the amount of$830.70, which is for a magnetic locator for the Utilities Department to locate the water and or sewer lines that the City did not previously own. After hearing an explanation for the four checks that were pulled from the November 5, 2008 Payment of Claims, the following motion was made: MOTION BY Council member Berning, seconded by Council member Wagner authorizing the Wednesday, November 5, 2008 Payment of Claims (bills) for check numbers 026315 to 026367 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 will be signed by the authorized personnel and scanned with supporting documents; the electronically scanned version will be kept on file in the office of the Finance Director that will serve as the City's official record. Motion carried unanimously. Approve Resolution No. 2008-057 entitled a Resolution Certifying the 2008 Final List of Uncollected Utility Bills and Outstanding Invoices to Wright County for Collection with Real Estate Taxes Finance Director Lannes asked the Council to pull Resolution No. 2008-057 entitled a Resolution Certifying the 2008 Final List of Uncollected Utility Bills and Outstanding Invoices to Wright County for Collection with Real Estate Taxes. The reason Ms. Lannes pulled the item was to make sure there was no one in the audience that wanted to dispute their bill or invoice. Mayor Klecker asked if there was anyone in the audience regarding an uncollected utility bill or and outstanding invoice. There was no one present that wanted to dispute their outstanding debt to the City. Council proceeded by making the following motion: MOTION BY Council member Berning, seconded by Council member Fay to approve Resolution No. 2008-057 entitled a Resolution Certifying the 2008 Final List of Uncollected Utility Bills and Outstanding Invoices to Wright County for Collection with Real Estate Taxes as presented except those items 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 M:\Public Data\City Council\Council Minutes\2008 Minutes\M 11-05-08 Approved.doc City of Albertville City Council Minutes November 5, 2008 Page 8 of 15 Agenda; and which will be printed and signed; then the signed copy will be scanned and the electronic scanned version will be kept on file in the office of the City Clerk that will serve as the City's official record. Motion carried unanimously. .Accept a donation in the amount of$1,200.00 from the Albertville Lions and deposit the donation of$1,200.00 to the Albertville Queen's Committee MOTION BY Council member Wagner, seconded by Council member Fay to accept a donation in the amount of$I,200.00 from the Albertville Lions and deposit the donation of$I,200.00 to the Albertville Queen's Committee as presented except those items 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. Motion carried unanimously. Accept the Finance Director's Financial Report(s) dated October 28, 2008 Finance Director Lannes reviewed the Financial Reports that were submitted in the November 5, 2008 City Council packet. Lannes reported that it was brought to her attention the Council inquired about the Nextel phone(s) at the October 20, 2008 meeting, which the Council directed staff to research and obtain a better price for cellular phone service. Lannes informed the Council that the staff has researched the phone service and noted that the City has the opportunity to go utilize the State's Contract, which is with Nextel. Since the City uses the State's contract, the City is getting the best deal on phone service. Lannes went on to explain why the last bill appeared higher than previous bills, which was to replacement a phone that was damaged. The Council encouraged staff to continue scrutinizing or evaluating how many phones City staff has; and identify where the phones are necessary or needed; and to consider or realize some of the phones may be eliminated in the future. Staff acknowledged Council's direction to identify where the phones are and which ones could possibly be eliminated; and to continue to scrutinize the phone service to get the best possibly plan available to the City. Lannes then brought up the League of Minnesota Cities Insurance Proposal that was presented at the October 20, 2008 regular City Council meeting. Lannes reported that staff had a meeting to discuss Council's request to re-evaluate the appraiser's amount associated with the various Park equipment. Lannes informed the Council there was equipment that was not included in the previous quote and there were items included that have since been removed. Taking into account the addition and removal of Park equipment the Insurance Quote/Proposal did not change much from the original LMCIT Proposal that was submitted on October 20, 2008. Upon hearing the report from Lannes, Council and staff discussed the cost of insurance, which the Council continued to feel the values of the appraisal are not appropriate. Council commented M:\Public Data\City Counci1\Council Minutes\2008 Minutes\M 11-05-08 Approved.doc City of Albertville City Council Minutes November 5, 2008 Page 9 of 15 that someone needs to contact the League to discuss the cost of insurance. Staff suggested a number of times to have one or two Council members meet with a LMCIT Representative to get a better understanding of how the values are calculated. Talking directly with a LMCIT Representative to learn how the process works and how the LMCIT calculates the values of park equipment. After hearing staffs recommendation to meet with a LMCIT Representative, Mayor Klecker and Council member Vetsch volunteered to meet with a LMCIT Representative to discuss the appraisal process and how insurance rates are calculated. Following the decision of Klecker and Vetch, City Administrator Kruse suggested that staff would contact the LMCIT, set a date to hold a meeting; staff would post the meeting so that any or all Council members could attend. Mayor Klecker then asked if the Council members had any additional questions or concerns regarding the Finance Director's Financial Report dated October 28,2008. Upon hearing no additional comments or concerns, the Council proceeded to accept the Finance Director's Report dated Tuesday, October 28,2008 as presented in the November 5, 2008 City Council packet. FIRE DEPARTMENT Council member Berning brought to the Council's attention the fact that he noticed the City of St. Michael is considering going out to bid on a Fire Department. City Administrator Kruse went over some of the background or history regarding the Fire Contract with the City of St. Michael and City of Otsego. Kruse informed the Council that staff is researching what the original intent of the agreement( s) was when the agreements were signed. Kruse went on to explain that staff will report back to the Council the outcome of the agreement research and evaluate how to proceed. Kruse wanted to make sure the Council was aware it will involve the two (2) Council's meeting to come to an agreement. CITY CLERK .Approve the Minnesota Lawful Gambling LG240B Application to Conduct Excluded Bingo that has been submitted by the St. Albert Catholic Aid Association to conduct excluded Bingo at the St. Albert Parish Center located at 11458 - 5ih Street NE within the Albertville city limits on November 23, 2008 MOTION BY Council member Wagner, seconded by Council member Fay to approve the Minnesota Lawful Gambling LG240B Application to Conduct Excluded Bingo that has been submitted by the St. Albert Catholic Aid Association to conduct excluded Bingo at the St. Albert Parish Center located at 11458 - 5th Street NE within the Albertville city limits on November 23, 2008as presented except those items specifically pulled, which if pulled from the Consent M:\Public Data\City Council\Council Minutes\2008 Minutes\M 11-05-08 Approved.doc City of Albertville City Council Minutes November 5,2008 Page 10 of 15 Agenda will require a separate discussion from the Consent Agenda and a separate motion from the Consent Agenda. Motion carried unanimously. PLANNING AND ZONING Amendment to the 2005 Albertville Municipal City Code relating to Accessory Buildings The discussion to amend the 2005 Albertville Municipal City Code took place under Citizen Forum. ENGINEERING .Approve to reduce the Field Plaza Second Addition Letter of Credit/Escrow Reduction No.1 (LOC/Escrow}.from $1,470 to no less than $735, upon completion of the following conditions: Developer is current with all fees and obligations owed to the City; All debris shall be removed from the site; The site shall be mowed and maintained; All storm structures shall be plated on u'!used castings shall be removed from the site MOTION BY Council member Wagner, seconded by Council member Fay to approve to reduce the Field Plaza Second Addition Letter of Credit/Escrow Reduction No. 1 (LOC/Escrow) from $1,470 to no less than $735, upon completion of the following conditions: Developer is current with all fees and obligations owed to the City; All debris shall be removed from the site; The site shall be mowed and maintained; All storm structures shall be plated on unused castings shall be removed from the site as presented except those items 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. Motion carried unanimously. Assistant City Engineer's Update on Lachman Avenue NE and 6dh Street NE Intersection Assistant City Engineer Nafstad reported that at the October 20, 2008 regular City Council meeting there was a concern with the STMA Hockey Arena parking lot. Nafstad went on to state that since then staff has reviewed the intersection and observed its operation during a mid-day / non-event time. Overall the intersection appears to be operating satisfactorily; however, given the limited pedestrian facilities in the area, it is recommended that utilization of the parking lot be encouraged and that on-street parking only be secondary to the off-street arena parking facilities. Nafstad continued with the fact that understanding the arena's parking demands require frequent on-street parking, it is recommended that the following signage additions be considered: . The addition of stop signs at the two arena driveways for exiting traffic. M:\Public Data\City Council\Council Minutes\2008 Minutes\M 11-05-08 Approved.doc City of Albertville City Council Minutes November 5, 2008 Page 11 of 15 . Supplementary signage below the stop signs indicating that cross traffic does not stop. . Signage prohibiting parking within 50' ofthe intersection. . Signage prohibiting parking between the two driveways and extending 50' north of the north driveway. Nafstad wanted to inform the Council that implementation ofthis additional signage and parking restriction is believed to be a proactive approach to providing safe measures of intersection control for the benefit of both vehicular and pedestrian traffic. Nafstad brought up the fact that as the surrounding area continues to develop, it is recommended that the intersection and its controls be routinely reviewed for adequacy and effectiveness. Improvements to be considered with future development of the surrounding area include: . Removal of stockpiles and other sightline obstructions. . Addition of sidewalks and trails. . Striping of Lachman Avenue. . Potential relocation of the arena driveways. Council member Berning did not feel the proposed recommendations made by Assistant City Engineer Nafstad were going to solve the traffic/pedestrian concerns with the STMA Hockey Arena. Berning wanted some type of lights installed to draw attention to the pedestrians heading into the building or leaving the facility. Staff brought up the budget constraints to accomplish pedestrian lights is more costly than stripping off a crosswalk. MOTION BY Council member Berning, seconded by Council member Wagner directing staff to install pedestrian signage with battery operated lights within the budget constraints that would bring attention to the drivers to be aware of the pedestrian traffic heading towards the STMA Hockey Arena and leaving the facility. Motion carried unanimously. Street Lights on CSAH 19 near Off-ramps Council member Berning informed staff that at or near the off-ramps of I -94 and CSAH 19 is dark. Berning felt there should be additional lighting for the vehicles and pedestrians walking on the trails. MOTION BY Council member Berning, seconded by Council member Vetsch directing City Administrator Kruse to inform Public Works Supervisor Guimont to contact NSP to get if the City can get additional street lights at the off-ramps of I -94 on CSAH 19. Motion carried unanimously. M:\Public Data\City Council\Council Minutes\2008 Minutes\M 11-05-08 Approved.doc City of Albertville City Council Minutes November 5, 2008 Page 120f15 CSAH 19/CSAH 3 7 Traffic Lights Council member Berning directed staff to obtain any and all Police reports relating to vehicle accidents at the intersection ofCSAH 19 and CSAH 37 (near Culvers-DJs). Berning reported that there appears to be an accident at the intersection about every seven to ten (7-10) days. Council member Fay brought up an incident he witnessed a couple weeks ago along CSAH 19. Fay informed the Council that he was traveling on CSAH 19 and noticed a younger couple walking along the south side ofCSAH 19 (near the 3rd Phase of the Albertville Mall). The Father and a toddler were walking in the grass area by the Albertville Mall; while the Mother pushing a stroller walked along the street/gutter area. Fay felt there should be a sidewalk or trail along the south side of CSAH 19 for pedestrian safety. Council directed staff to research the best possible location for a sidewalk or trail along the south ofCSAH 19 (near the Albertville Premium Outlets 3rd Phase and D. Michael B's). Council directed staff to work with the Albertville Premium Outlet management and owners ofD. Michael B' s. Staff acknowledged the request from the Council, and wanted to make the Council was aware of the fact that installing the sidewalk could potentially create new situations or incidents. Accept the Assistant City Engineer's Progress Report 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 24,2008 as presented in the November 5, 2008 City Council packet. LEGAL Approve the Parkside Commercial Center's Amended Developer's Agreement, which takes into account the approval of Ordinance No. 2008-008 entitled amending the Official Zoning Map of the City of Albertville, Relating to the Property at Parks ide Commercial Center, Located West of CSAH 19 and North of 57th Street NE that was approved at the Tuesday, September 2, 2008 regular City Council meeting City Attorney Couri went over the history, noting that Trident Development, on behalf of Merlin Bird Properties, LLC, has applied for a change of zoning for Parkside Commercial Center, located west of Highway 19 and north of 57th Street Northeast - at 10900 to 11004 57th Street Northeast. The property is 5.33 acres in size and is legally described as Lot 2, Block 1, Parkside Commercial Center. The site is currently zoned B-2A, Special Business District, and the request M:\Public Data\City Council\Council Minutes\2008 Minutes\M 11-05-08 Approved.doc City of Albertville City Council Minutes November 5, 2008 Page 13 of 15 is to rezone the property to Planned Unit Development (PUD) District, in order to expand the permitted uses on the site. Couri reported there is one area of the agreement that has not been resolved, which has to do with the number of deciduous trees that were to be planted along 57th Street NE. According to the original Developer's Agreement, four (4) deciduous trees were supposed to be planted, which the Developer asked the Council to consider postponing the planting of the four deciduous until after the second building was constructed. Since then, the Council requested that the Developer plant six (6) deciduous trees. Mayor Klecker brought up Section 2. The lot. ., Subsection 7. Assembly Uses. ., Part C Assembly floor. . . dealing with the size of the Assembly uses, which was located on page 58 of the November 5, 2008 regular City Council packet. Staff noted the concern and would amend the Developer's Agreement to reflect the appropriate outcome of the September 2, 2008 City Council meeting. MOTION BY Council member Wagner, seconded by Mayor Klecker to approve the Parkside Commercial Center's Amended Developer's Agreement as amended reflecting the correct iI\formation regarding the large capacity within the site that was noted in the final Ordinance No. 2008-08, Section 2. The lot. ., Subsection 7. Assembly Uses. ., Part C Assembly floor. , " which takes into account the approval of Ordinance No. 2008-008 entitled amending the Official Zoning Map of the City of Albertville, Relating to the Property at Parkside Commercial Center, Located West of CSAH 19 and North of 57th Street NE that was approved at the Tuesday, September 2,2008 regular City Council meeting. Mayor Klecker, Council members Berning, Fay, and Wagner voted aye. Council member Vetsch voted nay, Motion carried. ADMINISTRATION Senior Housing Tax Increment Financing (to be distributed during the meeting) City Administrator Kruse informed the Council that the City received the Tax Increment Financing Assistance Proposal earlier today. The proposal is to create a plan for providing financial assistance to the proposed senior housing project and to establish a Tax Increment Financing (TIF) District to implement the financial plan. The proposal is based on Northland Securities, Inc.' s experience with the City, TIF, and their current understanding of the proj ect. In conclusion, City Administrator Kruse looked to the Council for direction to proceed, which would be in the form of a motion. MOTION BY Council member Vetsch, seconded by Council member Fay to approve Northland Securities completing the TIF Finance Plan on an hourly basis at a cost not to exceed $4,300 subject to Guardian Angels paying 50% of the plan cost if the project does not proceed to M:\Public Data\City Council\Council Minutes\2008 Minutes\M 11-05-08 Approved.doc City of Albertville City Council Minutes November 5, 2008 Page 14 of 15 construction. If the project is constructed 100% of these costs will finance out of the Tax Increment Financing proceeds. Motion carried unanimously. Accept the City Administrator's Written Report City Administrator Kruse very briefly touched on the installation of the sidewalk along Main Avenue NE. Kruse discussed with the Council what their intentions were regarding the installation of the sidewalk along the west side of Main Avenue NE, and making sure staff was following Council's direction, which was to hold off on the sidewalk until 2009. Council confirmed what their intentions were which was to hold off until 2009 on the installation of the sidewalk along Main Avenue NE connecting to 50th Street NE and the future STMA Middle School. Kruse asked the Council if they had any questions or concerns with the Written Report that was included in the Council packet. Upon hearing no comments or concerns with the report, the Council proceeded to accept the City Administrator's Written Report dated Wednesday, October 29,2008 as presented in the November 5, 2008 City Council packet. CITIZENS OPEN FORUM - no comments ANNOUNCEMENTS and or UPCOMING MEETINGS Mayor Klecker asked the Council to review the upcoming meetings and calendar of events. November 2008 5 6:00 p.m. 5 7:00 p.m. 10 6:00 p.m. 11 an day 12 7:00 p.m. 17 7:00 p.m. 24 6:00 p.m. 24 7:00 p.m. 27 aU day 28 an day December 2008 1 6:30 p.m. 1 7:00 p.m. 8 6:00 p.m. 9 7:00 p.m. Canvas Board (Canvas Election Results) City Council meeting STMA Ice Arena Board meeting Veterans' Da)' observed - City/P\V-U offices closed Planning and Zoning Commission meeting City Council meeting Joint Powers Water Board meeting Committee of the Whole Workshop (discussion on fees) Thanksgiving Da)1 obsen1ed - CitylPW-[l offices closed Thanksgiving Holiday observed - CitylP'V-U offices closed Truth-in- Taxation Hearing City Council meeting STMA Ice Arena Board meeting Planning and Zoning Commission meeting M:\Public Data\City Counci1\Council Minutes\2008 Minutes\M 11-05-08 Approved.doc City of Albertville City Council Minutes November 5, 2008 Page 15 of 15 15 6:30 p.m. 15 7:00 p.m. 22 6:00 p.m. 25 all day 26 all day Truth-in- Taxation Hearing (continued if necessary) City Council meeting Joint Powers Water Board meeting Christmas Day observed - City/PW-U offices closed Christmas Holiday observed - City/PW-U offices closed * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * January 2009 1 all day 2 all day 5 6:15 p.m. 5 7:00 p.m. 12 6:00 p.m. 13 7:00 p.m. 19 all day 20 7:00 p.m. 26 6:00 p.m. 26 7:00 p.m. ADJOURNMENT New Year's Day observed - CityIPW-U offices closed New Year's Day observed - City/PW-U offices closed Newly elected Mayor & Council members take "Oath of Office" City Council meeting STMA Ice Arena Board meeting Planning and Zoning Commission meeting Martin Luther King, Jr. observed - City/PW-U offices closed City Council meeting Joint Powers Water Board meeting Committee of the Whole Workshop (tentative) MOTION BY Council member Vetsch, seconded by Council member Berning to adjourn the November 5, 2008 regular City Council meeting at 9:57 p.m. Motion carried unanimously. Q~K~ Ron Klecker, Mayor \ ^ ( " _~1f}l Y1, ~ ~. Bridget Mill , CIty Clerk M:\Public Data\City Council\Council Minutes\2008 Minutes\M 11-05-08 Approved.doc PRINT Name Jane Smith John Doe Albertville City Council November 5, 2008 Public Attendance Record P_I Address City 1325 Any Street NE Albertville 1295 Your Street NE Annandale / . 'l)~kR 1t!;?Z' S7 T;J. ~r-, IS~'d S',-11-l 'S:\ /v f. 4 Lf){ rt -r / I ~u~.. ) b Cj '-/ I - 57 r'" 'n .\J .L ., i ()b;{; M:\Public Data\City Council\2008 Public Hearing Attendance.doc Complete a "Request to Speak" card if you want to speak to the council regarding an item that is not on the a enda No - agenda item Yes - car(s) speeding