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2008-11-17 CC Minutes ~ ~l?.€I!'!tlJ~ ALBERTVILLE CITY COUNCIL NOVEMBER 17, 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, City Administrator Larry Kruse, Superintendent John Middendorf, and City Clerk Bridget Miller ABSENT: none OTHERS PRESENT: Council elect Larry Sorensen RECOGNITIONS - PRESENT A TIONS - INTRODUCTIONS Mayor Klecker recognized the 2008 Primary and General Election Judges that were present for the meeting. Klecker thanked the individuals for a successful job with handling the number of voters that came through. He commented with the fact that precinct was set up so that the process flowed rather smoothly. Klecker then asked the judges if they would please stand and state their name. Upon hearing the request, the judges within the audience stood and announced their name, Judy Roden, Sharon Nelson, Kathy Undlin, Carmen Robeck, and Janet Wurtinger. Klecker concluded with thanking them once again, and hoped they would consider serving as an Election Judge in 2010. M:\Public Data\City Council\Counci1 Minutes\2008 Minutes\M 11-17-08 Approved.doc City of Albertville City Council Minutes November 17, 2008 Page 2 of 11 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. Josh Ghotto of6762 Lakewood Drive NE who was representing the Towne Lakes (TL) Homeowners Association approached the podium. Mr. Ghotto asked the Council how the City could work with the TL Assoc. with enforcing the zoning requirements for landscaping within the Albertville City Code. Ghotto informed the Council there are Covenants within the TL Residential Development, in which a few homeowners have not been following the proper protocol. These residents are not allowed to apply for a building permit for a deck or re-siding or re-roofing without obtaining architectural approval first. The homeowners would by-pass the architectural committee and submit a building permit, which the City would not realize the individual was supposed to have architectural approval prior to applying for a permit. Ghotto has contacted the Building Department who informed him the permits that have been submitted for approval meet the Building Standards. Ghotto would appreciate if the City would consider holding the permits until the architectural committee could review them. Mayor looked to the City Attorney for direction as to whether the City could legally hold permits. City Attorney Couri stated that, according to the Minnesota State Statute, the City can not legally hold building permits. If a building permit meets the MN State Building Code requirements, in the City's opinion, the City would continue processing the permit. Couri went on to explain that the City can not enforce covenants either; however, there is a notation within the TL Developer's Agreement referring to a set of covenants for the Towne Lakes Addition. Ohotto then asked if the City could contact the Homeowners Association whenever a permit was submitted. Ghotto would provide a list of addresses or names of homeowners, if that would help. City Administrator Kruse wanted to bring to the Council's attention the fact that there are a number of requirements within the Towne Lakes Covenants. Kruse commented in regards to contacting the Homeowners Association, which Kruse did not want to make the commitment that staff would contact the association every time a permit has been submitted. There is that very rare instance where staff may become busy and forget to contact the association. Kruse recommended re-designing the City's Building Permit so that it will have an area that would ask the applicant if there are covenants within their development. Following the conversation, Council directed staff to review and possibly revise the building permit, which may be a solution to the concern of Mr. Ohotto's. Council also asked staffto keep Mr. Ghotto in contact as to what has been decided. M:\Public Data\City Council\Council Minutes\2008 Minutes\M 11-17-08 Approved.doc City of Albertville City Council Minutes November 17, 2008 Page 3 of 11 Staff acknowledged Council's direction in revising the building permit; and asked Mr. Ohotto to leave a phone number or e-mail address so staff can contact him as to what is being considered. AMENDMENTS TO THE AGENDA Mayor Klecker asked if there were any amendments to the agenda. Council member Berning added an item under City Council (8.G.1.) to discuss the STMA Hockey Expansion; and added an item under City Administration (8.K.3.) Budget; City Attorney Couri added an item under Legal (8.J.1.) Hoey Billboard Sign located on CSAH 19. Upon adding the above items, Klecker asked for a motion to approve the agenda as amended. MOTION BY Council member Vetsch, seconded by Council member Fay to approve the Monday, November 17,2008 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 November 5, 2008 Canvass Board minutes Mayor Klecker asked the Council if there were any changes to the Wednesday, November 5, 2008 Canvassing Results meeting minutes. MOTION BY Council member Fay, seconded by Council member Berning to approve the Monday, November 5, 2008 Canvass Board 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 of the City Clerk that will serve as the City's official record. Motion carried unanimously. November 5, 2008 regular City Council minutes Mayor Klecker asked the Council if there were any changes to the Wednesday, November 5, 2008 regular City Council minutes. City Clerk Miller asked to amend the minutes regarding Check No. 026331, which was actually for barrier nets at Central-City Park for broomball games; and Check No. 026332 explaining that Guimont obtains quotes from local and non-local vendors for products used within Albertville parks. M:\Public Data\City Council\Council Minutes\2008 Minutes\M 11-17-08 Approved.doc City of Albertville City Council Minutes November 17, 2008 Page 4 of 11 MOTION BY Council member Berning, seconded by Council member Vetsch to approve the Monday, November 5, 2008 regular City Council minutes as amended, 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 official copy. 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 inquired if the Council members or staff wanted any of the items pulled from the November 17,2008 Consent Agenda. The following items were pulled from the Consent Agenda for further discussion and or explanation: 8.C.1. Accept the Utilities Superintendent's Report and 8.E.1. Approve the Monday, November 17,2008 Payment of Claims (bills) for check numbers 026369 to 026414. Mayor Klecker asked for a motion to approve the November 17,2008 Consent Agenda pulling the items MOTION BY Council member Vetsch, seconded by Council member Berning to approve the November 17, 2008 Consent Agenda pulling items 8.C.1. and 8.E.1., 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 FIRE DEPARTMENT - no comments PUBLIC WORKS DEPARTMENT - no comments M:\Public Data\City Council\Council Minutes\2008 Minutes\M 11-17-08 Approved.doc City of Albertville City Council Minutes November 17, 2008 Page 5 of 11 UTILITIES DEPARTMENT (WWTP) Accept the Utilities Superintendent's Report Superintendent Middendorf reported there was a watermain break on 57th Street NE and Lander Avenue NE on Monday, November 10. Middendorf began by stating there were a number of concerns staff had to take into consideration before proceeding. Middendorf informed the Council that the one thing staff took into account was the fact that there was cast iron pipe in the area, which was very old and not very flexible. Staff had knowledge ofthe area, in which they knew there were multiple utility lines running through the ground. Staff did not want to proceed with digging until the utilities were located for fear of potentially cutting a line. Middendorf explained the procedure involved, which was contacting an excavating contractor, who in turns notifies the multiple utility companies. Middendorf went on to report that it was getting late in the day and staff did not want to risk the employees safety by digging late at night before the utility companies could locate their lines. Staff also did not want to take the risk of running out of necessary supplies after stores have closed. Assistant City Engineer Nafstad commented that 'same day fixes are an ideal solution'. But the excavation limits are contacting the other utilities to come out to on short notice to identify where their lines run. In looking back on the situation, the residents had running water and the other utilities; otherwise, they could have been shut-off at a short notice or with no notice at all. True there was some lost water, but the City was fortunate to have a storm sewer drain nearby. City Administrator Kruse complimented Superintendent Middendorf on a good job in handling the situation. Middendorf took the safety of the employees into account and other necessary measures to get the job done properly. Mayor Klecker asked if the Council members had any additional questions or concerns regarding the Superintendent's Report. Council then reviewed the portion pertaining to the fire hydrants. It was suggested going with the company at $40/hydrant. If you take into account how many employees it would take at $xx/hour; it appears to be cost effective to have the company clean them out. After hearing the comments and concerns with the Utilities Superintendent's Report, the Council proceeded to accept the Utilities Superintendent's Report dated Monday, November 10,2008 as presented in the November 17,2008 City Council packet. BUILDING DEPARTMENT - no comments M:\Public Data\City Council\Council Minutes\2008 Minutes\M 11-17-08 Approved.doc City of Albertville City Council Minutes November 17, 2008 Page 6 of 11 FINANCE DEPARTMENT Approve the Monday, November 17, 2008 Payment of Claims (bills) for check numbers 026369 to 026414 Check no. 026371 payable to B & D Plumbing in the amount of $684.00, which City Administrator Kruse noted this is for repair to the AlC units on the roof of the Fire Hall that were damaged during the recent hail storm. DJ's reported the units would have to be replaces; whereas, B & D Plumbing could blow them out. Staff felt it was cost effective to have the units blown out versus replacing them. After the units were blown out and cleaned, staffbuilt some screens to help protect them in the future. Check no. 026372 payable to Bolton & Menk, Inc. in the amount of$30,170.20. The area in question was the retaining wall at 4935 Kassel Avenue NE, which Assistant City Engineer Nafstad explained that the Building Official had concern regarding the wall. Check no. 026391 payable to N.A.C. in the amount of$2,035.55. Council had a concern with the amount being charged for billboards, project update, etc. City Planner Brixius informed the Council the amount is not for billboards alone, there are a number of various little areas that did not fit in the stub notations. Upon hearing the questions and explanation on the above checks, Mayor Klecker asked for a motion to approve the Monday, November 17,2008 Payment of Claims for check numbers 026369 to 02614. MOTION BY Council member Berning, seconded by Council member Fay authorizing the Monday, November 17,2008 Payment of Claims (bills) for check numbers 026369 to 026414 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. CITY CLERK Levy a $500 fine to Coborn's Grocery Store, Coborn's Liquor, Hack's Liquor Store, 152 Club, Full Moon Saloon & Bar and Geez Sports Bar & Grill for failure to pass the Wright County Liquor compliance check and remind all businesses of the progress fine schedule City Clerk Miller explained that on October 24, 2008 the Wright County Human Services Department conducted the semi-annual Liquor Compliance Checks. The following establishments that failed compliance were; Coborn's Liquor Store, Coborn's Grocery Store, Full Moon Saloon Bar & Grill, Geez Sports Bar & Grill, 152 Club, and Hack's Liquor Store. M:\Public Data\City Council\Council Minutes\2008 Minutes\M 11-17-08 Approved.doc City of Albertville City Council Minutes November 17, 2008 Page 7 of 11 Miller went on to state that the establishments that failed compliance were sent an agenda, informing them the Council would be taking action on the fine. Ed Hackenmueller of Hack's Liquor Store contacted the City informing them they will not be able to attend the meeting and is researching a cash register that requires ID before the sale can be completed. Miller concluded with the comment that the Wright County has been conducting alcohol compliance checks within Albertville since 2002. Miller did note that representatives from Coborn's Liquor Store and Coborn's Grocery/Little Dukes were in the audience regarding the violation. City Administrator Kruse informed the Council that Deb Holm of 152 Club contacted him. Ms. Holm reported that evening there was a birthday party and one of the clerks arrived late. Sin~e the clerk arrived after the party began, in which they neglected to check IDs. Mayor Klecker asked if there were members in the audience that wanted to speak on the Alcohol Compliance checks. Gordy Midis, manager of the Coborn's Store(s) reported that the store does not take the violation lightly. Mr. Midis went on to inform the Council that Coborn's conducts internal audits throughout the year to do their best to train employees for situations as such. It was an error and Coborn's will take the necessary measures to correct. Midis shared with the Council that he has contacted the Coborn's risk insurance agent to ensure the insurance coverage. Mayor Klecker asked if there was anyone else in the audience that wanted to speak on behalf of the Alcohol Compliance Checks violations. Acknowledging that there was no one else in the audience wanting to speak; Klecker asked the Council to make a motion regarding the Alcohol Compliance Violations. Council member Vetsch expressed his concern with the amount being levied. There are other violations that occur within the City, which a penalty or fee is not fined. MOTION BY Council member Fay, seconded by Council member Wagner to a Levy a $500 fine to Coborn's Grocery Store, Coborn's Liquor Store, Hack's Liquor Store, 152 Club, Full Moon Saloon & Bar and Geez Sports Bar & Grill for failure to pass the Wright County Liquor Compliance check and remind all businesses of the progress fine schedule. Mayor Klecker, Council members Berning, Fay, and Wagner voted aye. Council member Vetsch voted nay to the amount being levied. Motion carried. CITY COUNCIL STMA Hockey Expansion Council member Berning gave a brief over view of the proposed STMA Hockey Expansion Project. Berning presented layouts that displayed where the new sheet of ice would be placed in conjunction with the current facility. Berning explained that the main entrance would be located M:\Public Data\City Council\Council Minutes\2008 Minutes\M 11-17-08 Approved.doc City of Albertville City Council Minutes November 17,2008 Page 8 of 11 between the two buildings, which would bring the patrons more into the parking lot versus the side streets or off of Lachman A venue NE. Berning went over the costs associated with the expansion. There was comment or suggestion about potentially purchasing the L & D Trucking site to the north of the site, which would be beneficial to accommodate the expansion and additional parking. Council shared their comments with the proposed expansion of the STMA Hockey Expansion. Council discussed how to accomplish the expansion and wanted to continue pursuing how to fund the addition. Council and staffboth agreed that all three entities will need to be involved in the process, which involved the STMA School and the cities of Albertville and St. Michael. PLANNING AND ZONING - no comments ENGINEERING .Approve to reduce the Letter of Credit No. 206 heldfor Shop pes at Towne Lakes 2nd Addition from $90,700 to no less than $59,300, with the following condition: Developer is current with all fees and obligations owed to the City MOTION BY Council member Vetsch, seconded by Council member Berning to approve to reduce the Letter of Credit No. 206 held for Shoppes at Towne Lakes 2nd Addition from $90,700 to no less than $59,300, with the following condition: Developer is current with all fees and obligations owed to the City 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 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. Assistant City Engineer Nafstad was glad to inform the Council that Barthel Industrial Drive NE will be paved this week; therefore, it should be open by the end of the week. Nafstad went on to report that the signage for the STMA Hockey Arena will be implemented according to the Council's recommendations. Nafstad brought up the Phil Morris Project, which continues to move along. Council again brought up the intersection of CSAH 19-CSAH 37, which staff noted a study was conducted in 2007. Staff made the comment that it is a County road. M:\Public Data\City Council\Council Minutes\2008 Minutes\M 11-17-08 Approved.doc City of Albertville City Council Minutes November 17, 2008 Page 9 of 11 Council inquired about the upcoming 'Black Friday' event and wondering if staff has ideas on how to deal with the congestion on 1-94. Staff reported that the Albertville Premium Outlets have set up off-site parking at the STMA High School and a couple other sites along the 1-94 corridor. There will be shuttle bus service from the locations, which the City and the Mall are hoping will cut down on the amount of traffic traveling through Albertville. The Mall Manager has hired additional patrol officers to direct and or guide traffic safely through the city. Last area Council inquired about was the cost of a 'speed trailer'. Staff reported the cost is approximately $800 to purchase a trailer that informs the motorist what speed they are traveling at. Council stated to use the fine money to purchase the piece of equipment. After listening to the comments and concerns, the Council proceeded to accept the Assistant City Engineer's Progress Report dated Wednesday, November 12,2008 as presented in the November 17, 2008 City Council packet. LEGAL Hoey Billboard Sign located on CSAH 19 City Attorney Couri brought up the Hoey Billboard sign located on the 1-94 corridor. Couri went on to explain that when the City worked on the purchase agreement with Knechlt, there was supposed to be a three-way agreement between Albertville-Knechtl-Hoey relating to the billboard. Since then, the lease agreement has become unapproved because Knechtl and Hoey could not compromise on the location and other stipulations contained within the agreement. Basically, the one portion of the agreement has expired. Staff is looking to the Council to consider extending the Hoey Billboard Lease Agreement until the end of the month. MOTION BY Council member Berning, seconded by Council member Wagner to extend the land lease for Hoey, Inc. until the end of November 2008 to allow time to review and interrupt the stipulation of the original agreement of relocating the billboard. Motion carried unanimously. ADMINISTRA nON Accept the City Administrator's Written Report (distributed at the meeting) Mayor Klecker asked if the Council members had any questions or concerns regarding the City Administrator's Written Report that was distributed. M:\Public Data\City Council\Council Minutes\2008 Minutes\M 11-17-08 Approved.doc City of Albertville City Council Minutes November 17, 2008 Page 10 of 11 City Administrator Kruse touched on the fact that he recently met with City Administrator Derus. The two of them discussed the Fire Contract. The areas that were covered during the conversation consisted of what are the issues, timing and budget, calls for service, what process do the two cities want to go through. Council questioned what service FYCC (Family Youth Community Connections) provides. There was discussion as to whether the Council wants to continue supporting FYCC. Council noted there are other organizations that could potentially provide or coordinate some of the services FYCC provides, such as 'reading in the park'. City Administrator Kruse recommended meeting with Sandy Greninger and St. Michael staff to discuss FYCC on Tuesday, December 16. Council member Vetsch volunteered to meet in Mayor Klecker's absence. 2009 Final Budget Council member Berning brought up the fact that the Council will be approving the 2009 Budget soon. Berning wanted to discuss the budget at the upcoming Fees Workshop. Council agreed to review the 2009 Budget prior to approval at the December 1, 2008 regular City Council meeting. October 29, 2008 Otsego Creek Authority minutes - no comments 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 24 6:00 p.m. 24 7:00 p.m. 27 aU 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. Joint Powers Water Board meeting Committee of the Whole Workshop (discussion on fees) Thanksgiving Day ohserved - City Offices closed Thlmksgiving 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 M:\Public Data\City Council\Council Minutes\2008 Minutes\M 11-17-08 Approved.doc City of Albertville City Council Minutes November 17, 2008 Page 11 of 11 22 6:00 p.m. 25 all day 26 all day Joint Powers Water Board meeting Christmas Day observed - City Offices closed Christmas Holiday observed - City 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. 20 7:00 p.m. 26 6:00 p.m. February 2009 2 7:00 p.m. 9 6:00 p.m. 10 7:00 p.m. 16 all day 17 7:00 p.m. 23 6:00 p.m. ADJOURNMENT New Year's Day observed - City Offices closed New Year's Day observed - City Offices closed Swearing in of the newly elected Council members City Council meeting STMA Ice Arena Board meeting Planning and Zoning Commission meeting City Council meeting Joint Powers Water Board meeting City Council meeting STMA Ice Arena Board meeting Planning and Zoning Commission meeting Presidents' Day observed - City Offices closed City Council meeting Joint Powers Water Board meeting MOTION BY Council member Fay, seconded by Council member Berning to adjourn the November 17,2008 regular City Council meeting at 9:08 p.m. Motion carried unanimously. (2__ K ~LL . Ron Klecker, Mayor _101~~'ffn Bridget Miller~ ity Clerk ) Y\\A Q Q ..(t ........... M:\Public Data\City Council\Council Minutes\2008 Minutes\M 11-17-08 Approved.doc PRINT Name Jane Smith John Doe , j' ~2-eOi J \.l \\ Albertville City Council November 17,2008 Public Attendance Record Address City 1325 Any Street NE Albertville 1295 Your Street NE Annandale 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 I bU+-iA 'tiMe> ~~{UA ~ 'f1-eJ s-r;c {, q (" 5.sy If /1 5frV I /0V7 ~5t:d sf /V~ /1 l \ M:\Public Data\City Council\2008 Public Hearing Attendance.doc o NO No /0't?