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2009-02-02 CC Minutes ~ "!~~1'!tlL€ ALBERTVILLE CITY COUNCIL FEBRUARY 2, 2009 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. and asked the Boy Scouts present to come to the front of the Council Chambers and lead in the Pledge of Allegiance. ROLL CALL PRESENT: Mayor Ron Klecker, Council members Tom Fay, Dan Wagner, Larry Sorensen, and John Vetsch, City Planner Al Brixius, Finance Director Tina Lannes, and City Clerk Bridget Miller ABSENT: City Administrator Larry Kruse, City Attorney Mike Couri, and Assistant City Engineer Adam N afstad Others Present: Utilities Department Superintendent John Middendorf and Public Works Supervisor Tim Guimont RECOGNITIONS - PRESENTATIONS - INTRODUCTIONS PROCLAMATION - PROCLAIMING FEBRUARY 2, 2009 TO FEBRUARY 8, 2009 AS Boy SCOUT WEEK Mayor Klecker acknowledged the Boy Scouts that were present along with the Den Leaders and parents. Klecker then informed the members that the City has prepared a Proclamation, which Klecker proceeded to read. Part ofthe Proclamation noted that in 2010 Boy Scouts will be celebrating 100 years of incorporation. After reading the Proclamation, Klecker told the Scout Leaders that the City had prepared a few copies for the Scouts to have. A Den Leader asked the Council would pose for a picture with the Boy Scouts. M:\Public Data\City Council\Council Minutes\2009 Minutes\M 02-02-09 Approved.doc City of Albertville City Council Minutes February 2, 2009 Page 2 of 11 Klecker thanked the boys and leaders for attending the meeting and informed them they are more than welcome to stay or they could leave. 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 in the audience that wanted to discuss an item that was not on the agenda. AMENDMENTS TO THE AGENDA Mayor Klecker recommended moving Item 8.K.l. up on the agenda and asked the Council if there were any amendments to the agenda. Hearing no comments, Klecker entertained a motion to approve the agenda as amended. MOTION BY Council member Wagner, seconded by Council member Sorensen to approve the Monday, February 2, 2009 regular Albertville City Council agenda as amended. Motion carried unanimously. MINUTES January 20, 2009 (Tuesday) regular City Council minutes Mayor Klecker inquired if the Council wanted any changes to the January 20, 2009 (Tuesday) regular City Council minutes. Klecker's concern with the notations regarding the Workshop discussion on the Accessory Building and wanted it noted that Council liked Option 2 more than Option 3. No other comments regarding the January 20,2009 (Tuesday) regular City Council minutes were made, which Klecker asked for a motion to approve the minutes as amended. MOTION BY Council member Fay, seconded by Council member Sorensen to approve the Tuesday, January 20, 2009 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 of the City Clerk that will serve as the official copy. Motion carried unanimously. ADMINISTRATION Approve entering into a Consulting Services Agreement with the Tinklenberg Group through December 31, 2009, with the total cost not to exceed an average monthly cost of $3, 000 or $36,000 annually plus expenses which shall be approved in advance, with the contract beginning M:\Public Data\City Council\Council Minutes\2009 Minutes\M 02-02-09 Approved.doc City of Albertville City Council Minutes February 2, 2009 Page 3 of 11 February 2, 2009 as per the terms of the Tinklenberg Group's January 2009 letter onfile in the office of the City Clerk, funds comingfrom the 2009 budgeted transportation account Mayor Klecker acknowledged that Jodi Ruehle with The Tinklenberg Group was present to discuss the proposal. Ms. Ruehle informed the Council that she was here to answer any questions or concerns with the contract for Consulting Services with the Tinklenberg Group. Mayor Klecker wanted to know if there is any chance Albertville will receive or be able to obtain any ofthe Federal Funds that are out there. Ruehle stated that Elwin Tinklenberg was in DC last week, which is why he was unable to attend tonight. Ms. Ruehle has heard many rumors going around as to where the funds may go. It is yet to be determined whether Albertville will get any of the funds or not. Council member Vetsch continued to have concerns with closing existing on and off ramps. Council member Wagner confirmed that throughout the process there has been no talk about closing any of the existing on and off ramps. After hearing the few concerns, Klecker asked the Council to make a motion approving entering into a Consulting Services Agreement with the Tinklenberg Group through December 31,2009, with the total cost not to exceed an average monthly cost of $3,000 or $36,000 annually plus expenses which shall be approved in advance with the contract beginning February 2, 2009 as per the terms of the Tinklenberg Group's January 2009 letter. MOTION by Council member Wagner, seconded by Council member Fay to approve entering into a Consulting Services Agreement with the Tinklenberg Group through December 31, 2009, with the total cost not to exceed an average monthly cost of $3,000 or $36,000 annually plus expenses which shall be approved in advance, with the contract beginning February 2,2009 as per the terms of the Tinklenberg Group's January 2009 letter on file in the office of the City Clerk, funds coming from the 2009 budgeted transportation account. Mayor Klecker, Council members Fay, Wagner, and Sorensen voted aye. Council member Vetsch voted nay. Motion" carried. 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. M:\Public Data\City Council\Council Minutes\2009 Minutes\M 02-02-09 Approved.doc City of Albertville City Council Minutes February 2, 2009 Page 4 of 11 Mayor Klecker asked if the Council members or staff wished to pull any of the items from the February 2, 2009 Consent Agenda. Council wanted to pull items 8.E: 1. Authorize the Monday, February 2,2009 payment ofthe claims that includes check numbers 026632 to 026676 as presented except the bills specifically pulled, which are passed by separate motion; 8.F.1. Approve 3 One-Day 3.2% Malt Liquor License application(s) submitted by Geez Sports Bar & Grill for a Broomball Tournament to be held at Central-City Park on Friday, February 6 from 6:00 p.m. to 11 :00 p.m.; Saturday, February 7 from 8:00 a.m. to 12:00 mid-night; and Sunday, February 8, 2009 from 9:00 a.m. to 6:00 p.m.; and 8.H.3. Accept the Albertville Planning and Zoning Commission's recommendation to appoint Robert Olson to fill the vacancy on the Planning and Zoning Commission for a three-year term. Hearing the items that were pulled from the Consent Agenda, Klecker looked to the Council to make a motion approving the Consent Agenda pulling the three (3) items, which will be discussed in the General Order of Business and a separate motion made. MOTION BY Council member Fay, seconded by Council member Vetsch to approve the February 2,2009 Consent Agenda pulling 8.E.1., 8.F.1., and 8.H.3., 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 UTILITIES DEPARTMENT (WWTP) . Authorize staff to purchase a 20 horse Flygt Main Lift Station Pump Electric Pump at a cost not to exceed $14,500 plus tax andfreight, withfunds coming out of the Sewer Enterprise Fund MOTION BY Council member Fay, seconded by Council member Vetsch to authorize staff to purchase a 20 horse Flygt Main Lift Station Pump Electric Pump at a cost not to exceed $14,500 plus tax and freight, with funds coming out of the Sewer Enterprise Fund that was on the Consent Agenda, which was not pulled requiring it to 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. BUILDING DEPARTMENT - no comments M:\Public Data\City Council\Council Minutes\2009 Minutes\M 02-02-09 Approved.doc City of Albertville City Council Minutes February 2, 2009 Page 5 of 11 FINANCE DEPARTMENT Authorize the Monday, February 2,2009 payment of the claims that includes check numbers 026632 to 026676 as presented except the bills specifically pulled, which are passed by separate motion Council wanted additional information on check no. 026645 that was payable to Inspectron Inc. in the amount of$825.00. Finance Director Lannes reported the City contract's with Inspectron Inc. to cover when the Building Official is out of the office, in which the Building Official was out of the office in November and December. Council questioned check no. 026657 made payable to Neil's Floor Covering Inc. in the amount of$328.16. Finance Director Lannes noted that this was included in the RCA. Public Works Supervisor Guimont explained that apparently the building settled causing some of the tiles to fall off the wall and break. The warranty period expired; therefore, staff contacted a vendor to repair the tiles. Following the explanation ofthe two checks, Mayor Klecker asked for a motion to approve the Monday, February 2, 2009 payment of claims. MOTION BY Council member Fay, seconded by Council member Wagner to authorize the Monday, February 2,2009 payment ofthe claims that includes check numbers 026632 to 026676 as presented except the bills specifically pulled, which are passed by separate motion as presented except the bills specifically pulled, which are passed by separate motion; except the bills specifically pulled, which if pulled from the Consent Agenda will require a separate discussion 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. Accept the Finance Director's Monthly Report Finance Director Lannes reported that per Council direction, staff evaluated the Sprint/Nextel Phone Plan and have eliminated two phones. During the budget process, staff reviewed other areas that could be cut, in which the garbage services for City Hall and the Fire Hall have been canceled. PW staff is generally in the area and have been picking up the garbage and disposing of it in the area parks. Last area Lannes updated the Council on was the Audit. Lannes informed the Council that KDV was scheduled for 16 hours reviewing city records for the preliminary audit. But because the information had been scanned; therefore, the auditors were only here six (6) hours with a cost savings of 10 hours. M:\Public Data\City Council\Council Minutes\2009 Minutes\M 02-02-09 Approved.doc ~ City of Albertville City Council Minutes February 2, 2009 Page 6 of 11 CITY CLERK Approve 3 One-Day 3.2% Malt Liquor License application(s) submitted by Geez Sports Bar & Grill for a Broomball Tournament to be held at Central-City Park on Friday, February 6 from 6:00 p.m. to 11:00 p.m.; Saturday, February 7 from 8:00 a.m. to 12:00 mid-night; and Sunday, February 8, 2009 from 9:00 a.m. to 6:00 p.m. Mayor Klecker stated that he pulled the 3 One-Day 3.2% Malt Liquor Licenses because he had a concern as to whether there will be outdoor music during the event as the park will be open until 12:00 midnight. Klecker recalled outdoor music being played during the volleyball tournaments. Staff was unaware of any request to have outdoor music. Staff reported that in 2008, there was no outdoor music during the broomball tournament and assumed there would be no music this year either. Klecker asked for a second to his motion, after hearing there would be no outdoor music. MOTION BY Mayor Klecker, seconded by Council member Sorensen to approve 3 One-Day 3.2% Malt Liquor License application(s) submitted by Geez Sports Bar & Grill for a Broomball rournament to be held at Central-City Park on Friday, February 6 from 6:00 p.m. to 11 :00 p.m.; Saturday, February 7 from 8:00 a.m. to 12:00 mid-night; and Sunday, February 8, 2009 from 9:00 a.m. to 6:00 p.m. that was on the Consent Agenda, which was not pulled requiring it to 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. . Set Monday, April 6, 2009 as the 2009 Local Board of Appeal and Equalization meeting to be held at the Albertville City Hall that will begin at 5:30 p.m. and to send the confirmation notice to the Wright County Assessor's Office MOTION BY Council member Fay, seconded by Council member Vetsch to set Monday, April 6, 2009 as the 2009 Local Board of Appeal and Equalization meeting to be held at the Albertville City Hall that will begin at 5:30 p.m. and to send the confirmation notice to the Wright County Assessor's Office that was on the Consent Agenda, which was not pulled requiring it to 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. CITY COUNCIL Oral Update on the Joint Powers Water Board meeting (John Vetsch and or Ron Klecker) Mayor Klecker reported that the Board basically talked about the pipes freezing. There were some false readings, in which lP got things taken care of. There was nothing more to report on. . M:\Public Data\City Council\Council Minutes\2009 Minutes\M 02-02-09 Approved.doc City of Albertville City Council Minutes February 2, 2009 Page 7 of 11 MnDOT Regional 3 meeting (Ron Klecker and or Tom Fay) Mayor Klecker informed the members that Council member Tom Fay, Assistant City Engineer Adam Nafstad and himself attended a Region 3 meeting in St. Cloud today. The same message was portrayed at the meeting that MnDOT is feeling the crunch of funding. Klecker continued by reporting there a number of projects out there. A couple projects that Klecker recalled were a 6-lane project along 1-94 and Buffalo's project for Hwy 25 and turning it into a 4-lane. In summary, the majority of the funds may be used on basic everyday maintenance on the streets and roads throughout Minnesota. PLANNING AND ZONING . Approve Ordinance Number 2009-001 entitled an Ordinance Amending Chapter 1000 General Building and Performance Requirements; Section 1000.7 Required Fencing, Screening, and Landscaping of Appendix A Zoning Ordinance of the 2005 Albertville Municipal City Code Relating to Landscape Maintenance, as presented MOTION BY Council member Fay, seconded by Council member Vetsch to approve Ordinance Number 2009-001 entitled an Ordinance Amending Chapter 1000 General Building and Performance Requirements; Section 1000.7 Required Fencing, Screening, and Landscaping of Appendix A Zoning Ordinance of the 2005 Albertville Municipal City Code Relating to Landscape Maintenance, as presented on the Consent Agenda, 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. . Approve Ordinance No. 2009-002 entitled an Ordinance amending Chapter 1000 General Building and Performance Requirements; Section 1000.11 Smoke; Section 1000.12 Dust and Other Particulated Matter; Section 1000.13 Odors; Section 1000.19 Radiation Emission; and Section 1000.20 Electrical Emission of Appendix A Zoning Ordinance of the 2005 Albertville Municipal City Code to Repeal the Nuisance Regulations from the Albertville Zoning Ordinance, as presented; AND, approve Ordinance No. 2009-003 entitled an Ordinance amending Title 5 Health and Sanitation, Chapter 1 Nuisances, Section 3 Public Nuisances Affecting Health; and Section 5 Public Nuisances Affecting Peace and Safety of the 2005 Albertville Municipal City Code to add Nuisance Regulations to Health and Sanitation, as presented MOTION BY Council member Fay, seconded by Council member Vetsch to approve Ordinance No. 2009-002 entitled an Ordinance amending Chapter 1000 General Building and Performance Requirements; Section 1000.11 Smoke; Section 1000.12 Dust and Other Particulated Matter; Section 1000.13 Odors; Section 1000.19 Radiation Emission; and Section 1000.20 Electrical Emission of Appendix A Zoning Ordinance ofthe 2005 Albertville Municipal City Code to Repeal the Nuisance Regulations from the Albertville Zoning Ordinance, as M:\Public Data\City Council\Council Minutes\2009 Minutes\M 02-02-09 Approved.doc City of Albertville City Council Minutes February 2, 2009 Page 8 of 11 presented; AND, approve Ordinance No. 2009-003 entitled an Ordinance amending Title 5 Health and Sanitation, Chapter 1 Nuisances, Section 3 Public Nuisances Affecting Health; and Section 5 Public Nuisances Affecting Peace and Safety of the 2005 Albertville Municipal City Code to add Nuisance Regulations to Health and Sanitation, as presented on the Consent Agenda, which shall be completed by October 31, 2009, and conditioned upon the Developer signing the amendment, 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. Accept the Albertville Planning and Zoning Commission's recommendation to appoint Robert Olson to jill the vacancy on the Planning and Zoning Commissionfor a three-year term Mayor Klecker asked the City Planner if the applicant for the Planning and Zoning Commission was present, which Brixius replied that the applicant was in the audience available to answer any questions or concerns of the Council. Robert Olson introduced himself to the Council informing them he moved to Albertville approximately three years ago. Olson stated he applied a couple years ago to the Planning Commission and is still interested in serving on the Commission. Olson reported that he works for an Engineering firm in Plymouth. Council asked is Mr. Olson would have a conflict of working with St. Michael and being on the Albertville Planning and Zoning Commission. Mr. Olson responded by stating he would excuse himself from comments when such controversial topics came before the Commission and abstain from voting. Mayor Klecker thanked Mr. Olson for wanting to serve on the Planning and Zoning Commission. Klecker then entertained a motion to accept the Planning and Zoning Commission's recommendation to appoint Robert Olson to the Commission. MOTION BY Council member Fay, seconded by Council member Sorensen accepting the Albertville Planning and Zoning Commission's recommendation to appoint Robert Olson to fill the vacancy on the Planning and Zoning Commission for a three-year term as presented on the Consent Agenda, 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. M:\Public Data\City Council\Council Minutes\2009 Minutes\M 02-02-09 Approved.doc City of Albertville City Council Minutes February 2, 2009 Page 9 of 11 Approve Resolution Number 2009-003 entitled a Resolution Denying a Variance to Place a Banner Sign that Exceeds the Maximum Allowed Banner Size of 32 Square-feet onto the Albertville Meadows Apartment Building located at 10732 County Road 37 within the Albertville city limit, as presented City Planner Brixius reported that Albertville Townhomes Limited Partnership has applied for a variance to place a banner on the Albertville Meadows Apartment building that exceeds the maximum allowed banner size of 32 square feet. The applicants are requesting approval for an 80 square foot banner on the exterior wall of the apartment building, located at 10732 County Road 37. Brixius noted the key findings regarding the application: two banner signs have been placed on the Albertville Meadows Apartment building without receiving City approval (see Exhibit D of the packet); variance application only addresses one of these banner signs: requested size (80 square feet) more than doubles what is allowed by the Zoning Ordinance (32 square feet); no hardships unique to this property; the current Sign Ordinance allows for multiple opportunities for the property owners to display "for sale" or "for rent" signs, or projection identification signs; purpose of the request is based exclusively upon a desire to increase income potential; City does not want to be setting a precedent by allowing these banner signs to continue to be in place; and both non-conforming banner signs should be removed from the apartment building immediately as they are in violation of the Zoning Ordinance. As of today, both signs have been removed from the building. Council member Wagner wanted to know if anyone from the complex has contacted the City regarding signage for the existing Albertville Meadows Apartments. It appeared at the Planning and Zoning Commission meeting, the applicant was unaware they could possibly have additional slgnage. City Planner Brixius reported that he has not been contacted, but he doesn't know if the complex has contacted other City staff. MOTION BY Council member Wagner, seconded by Mayor Klecker to approve Resolution Number 2009-003 entitled a Resolution Denying a Variance to Place a Banner Sign that Exceeds the Maximum Allowed Banner Size of 32 Square-feet onto the Albertville Meadows Apartment Building located at 10732 County Road 37 within the Albertville city limit, as presented. Motion carried unanimously. ENGINEERING - no comments LEGAL - no comments M:\Public Data\City Council\Council Minutes\2009 Minutes\M 02-02-09 Approved.doc City of Albertville City Council Minutes February 2, 2009 Page 10 of 11 ADMINISTRATION - continued Accept the City Administrator's Written Report Finance Director Lannes gave a brief overview of the City Administrator's report. Lannes reported that staff plans on presenting the 2008 Audit in late April or early May. Due to the loss of a part-time employee and the Finance Dept.' s workload is heavy getting ready for the annual audit; the Bldg. Tech has been temporarily reassigned to work approximately 15 hours per week to assist in the Finance Dept. As the Building Department gets busier with spring work, Ms. Leonhardt will resume her normal duties in the Bldg. Dept. With the budget situation, staff is doing our best to get the work done without added staff. Lannes went on to inform the Council regarding the St. Michael Fire Protection Contract. St. Michael has chosen to contract for fire services with the City of Albertville through June 30, 2009. At that time the City will lose approximately $12,000 in 2009 revenue. Last area Lannes touched on was the City facility across the street. InFIT Fitness may be interested in leasing the garage portion (old fire station). Both InFIT Fitness and LIV music are in discussions about joint use ofthe garage area. Staff has asked InFIT Fitness to get an atchitects opinion on what improvements would be needed to use the space for group exercise and or band practice/play area. If they want to pursue it, staff will work with them to submit a proposal to Council. Council had concerns with where Friendly City Days Committee will store the Royalty float. It is a good setup now compared to in the past it was up to the Royalty Committee to figure out where to store it. Besides, the float is a good way to promote and support Albertville. Staff informed the Council that there are a few pieces of equipment they store in the garage portion. There is the Bldg. Official's City vehicle plus smaller pieces of equipment that appeared to be more practical to store in-town versus at the PW Facility. Council member Vetsch inquired about the Guardian Angels. Vetsch understood that Guardian Angels may not be coming until next year due to budget concerns. Vetsch encouraged Mayor Klecker to personally contact the Guardian Angels to make sure that they know Albertville is still interested in having them come here. Vetsch wanted to have the Mayor ask if there is anything else the City could do to assist with the project? M:\Public Data\City Council\Council Minutes\2009 Minutes\M 02-02-09 Approved.doc City of Albertville City Council Minutes February 2, 2009 Page 11 of 11 ANNOUNCEMENTS and or UPCOMING MEETINGS Mayor Klecker asked the Council to review the upcoming meetings and calendar of events. ANNOUNCEMENTS and or UPCOMING MEETINGS February 2009 9 6:00 p.m. 10 7:00 p.m. 16 all day 17 7:00 p.m. 23 6:00 p.m. 23 7:00 p.m. March 2009 2 7:00 p.m. 8 2:00 a.m. 9 6:00 p.m. 10 7:00 p.m. 16 7:00 p.m. 23 6:00 p.m. 30 7:00 p.m. April 2009 6 7:00 p.m. 13 6:00 p.m. 13 7:00 p.m. 14 7:00 p.m. 20 7:00 p.m. 27 6:00 p.m. 27 7:00 p.m. ADJOURNMENT STMA Ice Arena Board meeting Planning and Zoning Commission meeting Presidents' Day observed - City Offices closed City Council meeting Joint Powers Water Board meeting Committee ofthe Whole Workshop (tentative) City Council meeting Daylight Savings Begins (Sunday) STMA Ice Arena Board meeting Planning and Zoning Commission meeting City Council meeting Joint Powers Water Board meeting Cities of Albertville & St. Michael and STMA School Board Joint Workshop (tentative) City Council meeting STMA Ice Arena Board meeting Family-Youth Community Cooperative (FYCC) Planning and Zoning Commission meeting City Council meeting Joint Powers Water Board meeting Committee of the Whole Workshop (tentative) MOTION BY Council member Vetsch, seconded by Council member Sorensen to adjourn the Monday, February 2,2009 regular City Council meeting at 7:45 p.m. Motion carried unanimously. ~.~!o~, Bridget Mill , City Clerk (recording secretary) M:\Public Data\City Council\Council Minutes\2009 Minutes\M 02-02-09 Approved.doc Albertville City Council February 2, 2009 Public Attendance Record Page 1 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 a1!:enda Jane Smith 1325 Any Street N E Albertville No - agenda item John Doe 1295 Your Street NE Annandale Yes - car(s) speeding r-. - &;178 r,^,kl~( Dr. V\Jo '<(06 OI-SOl/l A \bt.MV,{\-t M:\Public Data\City Council\2009 Public Hearing Attendance.doc