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2009-03-16 CC Minutes ~ AJl?.~!!UL€ ALBERTVILLE CITY COUNCIL MARCH 16, 2009 MINUTES ALBERTVILLE CITY HALL 7:00 PM PLEDGE OF ALLEGIANCE - CALL TO ORDER Mayor Klecker called the regular Albertville City Council meeting to order at 7:01 p.m., which he asked those present to say the Pledge of Allegiance. ROLL CALL PRESENT: Mayor Ron Klecker, Council members Tom Fay, Dan Wagner, Larry Sorensen, and John Vetsch, City Planner Alan Brixius, City Attorney Mike Couri, Assistant City Engineer Adam Nafstad, City Administrator Larry Kruse, and City Clerk Bridget Miller ABSENT: none RECOGNITIONS - PRESENTATIONS - INTRODUCTIONS There were no recognitions, presentations, or introductions to be made during the meeting. CITIZEN FORUM Mayor Klecker asked if there was anyone in the audience that had an item to discuss with the Council that was not already on the agenda. There was no one present in the audience that had any concerns or topics to discuss that were not already on the agenda. AMENDMENTS TO THE AGENDA Mayor Klecker asked the Council if they had any changes to the March 16, 2009 agenda. There were three (3) items that were added to the March 16,2009 agenda: under City Council- Report on the Wright County Economic Partnership meeting where there was discussion on Transportation; under City Clerk - Name Tags and under the Closed Session ad Builders of M:\Public Data\City Council\Council Minutes\2009 Minutes\M 03-16-09 Approved.doc City of Albertville City Council Minutes March 16, 2009 Page 2 of 15 Prairie Run Lawsuit. Klecker looked to the Council for a motion approving the amended March 16, 2009 agenda. MOTION BY Council member Wagner, seconded by Council member Sorensen to approve the Monday, March 16,2009 regular Albertville City Council agenda as amended, adding the three (3) topics mentioned above. Motion carried unanimously. MINUTES March 2, 2009 regular City Council minutes Mayor Klecker looked to the Council to see if there were any changes to the March 2, 2009 regular City Council minutes. MOTION BY Council member Wagner, seconded by Council member Fay to approve the Monday, March 2,2009 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 of the 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 made the suggestion to the Council members or staff if there were any items they would like to pull from the March 16, 2009 Consent Agenda. Klecker acknowledged the fact that there were no items being pulled; therefore, entertained a motion from the Council to approve the five (5) items as presented on the Consent Agenda. MOTION BY Council member Wagner, seconded by Council member Sorensen to approve the five (5) items on the Monday, March 16,2009 Consent Agenda as presented; therefore, no separate discussion was held nor a separate motion on any of the items. Motion carried unanimously. DEPARTMENT BUSINESS FIRE DEPARTMENT - no comments M:\Public Data\City Council\Council Minutes\2009 Minutes\M 03-16-09 Approved.doc City of Albertville City Council Minutes March 16, 2009 Page 3 of 15 PUBLIC WORKS DEPARTMENT . Accept the Parks and Recreation Committee's recommendation to appoint LeRoy Berning who resides at 10514 Karston Avenue NE in Albertville to fill the vacant Albertville Parks and Recreation Committee position previous held by Denise Prow effective immediately MOTION BY Council member Wagner, seconded by Council member Sorensen to accept from the Parks and Recreation Committee's recommendation to appoint LeRoy Berning who resides at 10514 Karston Avenue NE in Albertville to fill the vacant Albertville Parks and Recreation Committee position previous held by Denise Prow effective immediately_ Motion carried unanimously. UTILITIES DEPARTMENT (WWTP) - no comments BUILDING DEPARTMENT ., Accept the Building Official's Report dated March 5, 2009 MOTION BY Council member Wagner, seconded by Council member Sorensen to accept the Building Official's Report dated march 5, 2009 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_ FINANCE DEPARTMENT . Authorizing the Monday, March 16, 2009 payment of the claims that includes check numbers 026782 to 026826 as presented except the bills specifically pulled, which will require a separate discussed and a motion made approving all checks MOTION BY Council member Wagner, seconded by Council member Sorensen to authorize the Monday, March 16,2009 Payment of Claims (bills) for check numbers 026782 to 026826 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_ M:\Public Data\City Council\Council Minutes\2009 Minutes\M 03-16-09 Approved.doc City of Albertville City Council Minutes March 16, 2009 Page 4 of 15 CITY CLERK . Approve a One-Day 3.2% Malt Liquor License applications submitted by the Albertville Lions for an Fund Raiser to be held at St. Albert Parish Center on Saturday, March 28, 2009 from 2:00 p.m. to 1:00 a.m. MOTION BY Council member Wagner, seconded by Council member Sorensen to approve a One-Day 3.2% Malt Liquor License applications submitted by the Albertville Lions for a Fund Raiser to be held at S1. Albert Parish Center on Saturday, March 28, 2009 from 2:00 p.m. to 1 :00 a.m. .Approve a One-Day 3.2% Malt Liquor License application that has been submitted by the Albertville Lions for a Pork Chop Dinner to be held at St. Albert Parish Center on Saturday, April 18, 2009 from 4:00 p.m. to 8:00 p.m. MOTION BY Council member Wagner, seconded by Council member Sorensen to approve a One-Day 3.2% Malt Liquor License application that has been submitted by the Albertville Lions for a Pork Chop Dinner to be held at St. Albert Parish Center on Saturday, April 18, 2009 from 4:00 p.m. to 8:00 p.m. Approve or Deny the Renewal of the Annual Liquor Licenses for the following: . 2009-2010 Off-Sale 3.2% Malt Beveraae Liauor License to Coborn's Grocery Store . 2009-2010 Off-Sale Intoxicatina LiQuor License to Westside Liquor, Inc. for Westside Liquor Store . 2009-2010 Off-Sale Intoxicating Liquor License to Hackenmueller's Inc. for Hack's Liquor . 2009-2010 Off-Sale Intoxicatin9 LiQuor License to Coborn's Liquor Store . 2009-2010 Off-Sale Intoxicating LiQuor License to CL. Gentile Inc. for Geez Sports Bar & Grill; and, 2009-2010 On-Sale Intoxicating Liquor License to CL. Gentile Inc. or Geez Sports Bar & Grill; and, 2009-2010 Special Sunday Liquor License to CL. Gentile Inc. for Geez Sports Bar & Grill . 2009-2010 On-Sale Intoxicating Liquor License to D. Michael B's II Inc. for D. Michael B's; and, 2009-2010 Svecial Sunday Liemor License to D. Michael B's II Inc. for D. Michael B's . 2009-2010 On-Sale Intoxicating Liquor License to Northwest Metro Restaurant Ventures LLCfor Majors Sports Cafe; and, 2009-2010 Special Sunday Liquor License to Northwest Metro Restaurant Ventures LLC Majors Sports Cafe M:\Public Data\City Council\Council Minutes\2009 Minutes\M 03-16-09 Approved.doc City of Albertville City Council Minutes March 16, 2009 Page 5 of 15 . 200Q-2010 On-Sale Intoxicating Liquor License to Cosmic Foods for Space Aliens Bar & Grill; and, 2009-2010 Special Sunday Liquor License to Cosmic Foodsfor Space Aliens Bar & Grill · 200Q-2010 On-Sale Intoxicating Liquor License to Rancho Grande Inc. for Rancho Grande; and, 2009-2010 Special Sunday Liquor License to Rancho Grande Inc. for Rancho Grande . 200Q-2010 On-Sale Intoxicating Liquor License to Cedar Creek Golf Course LLC for Cedar Creek Golf Course; and, 2009-2010 Special Sunday Liquor License to Cedar Creek Golf Course LLC for Cedar Greek Golf Course . 2009-2010 On-Sale Wine License to Hong Thai Inc. for Hong Thai; and, 2009-2010 On- Sale 3.2% Malt Beveraae License to Hong Thai Inc. for Hong Thai City Clerk Miller informed the Council that the listed establishments included in the Council packet have submitted the appropriate paperwork for the renewal of the various Liquor Licenses for the 2009-2010 year. Council inquired about two (2) establishments located on Main Avenue NE. Council wanted to know if the 152 Club and the Full Moon Saloon Bar & Grill had submitted their application. Miller reported that the 152 Club and the Full Moon Saloon Bar & Grill have not submitted their applications as of March 12. The establishments were sent the information and a reminder notice will be going out. The information needs to be received by the City prior to the March 27th for the April 6th regular City Council meeting because the licenses expire at midnight April 14. Miller will also notify the Wright County Sheriff s Department and the Minnesota Alcohol and Gambling Department. After hearing the explanation of the two (2) establishments, Mayor Klecker entertained a motion to approve the liquor licenses for the establishments that turned in the appropriate paperwork and fees for the annual liquor licenses. MOTION BY Council member Wagner, seconded by Council member Fay to approve the following: . 2009-2010 Off-Sale 3.2% Malt Beveraae Liquor License to Coborn's Grocery Store . 2009-2010 Off-Sale Intoxicating Liquor License to Westside Liquor, Inc. for Westside Liquor Store . 2009-2010 Off-Sale Intoxicating Liquor License to Hackenmueller 's Inc. for Hack's Liquor . 2009-2010 Off-Sale Intoxicating LiQuor License to Coborn's Liquor Store . 2009-2010 Off-Sale Intoxicating Liquor License to CL. Gentile Inc. for Geez Sports Bar & Grill; and, 200Q-2010 On-Sale Intoxicating Liquor License to CL. Gentile Inc. or Geez Sports Bar & Grill; and, 2009-2010 Special Sunday Liquor License to CL. Gentile Inc. for Geez Sports Bar & Grill M:\Public Data\City Council\Council Minutes\2009 Minutes\M 03-16-09 Approved.doc City of Albertville City Council Minutes March 16, 2009 Page 6 of 15 · 200Q-2010 On-Sale Intoxicating Liquor License to D. Michael B 's II Inc. for D. Michael B's; and, 2009-2010 Special Sunday Liquor License to D. Michael B 's II Inc. for D. Michael B 's . 200Q-2010 On-Sale Intoxicating Liquor License to Northwest Metro Restaurant Ventures LLCfor Majors Sports Cafe; and, 2009-2010 Special Sunday Liquor License to Northwest Metro Restaurant Ventures LLC Majors Sports Cafe · 200Q-2010 On-Sale Intoxicating Liquor License to Cosmic Foods for Space Aliens Bar & Grill; and, 2009-2010 Svecial Sunday Liquor License to Cosmic Foodsfor Space Aliens Bar & Grill . 200Q-2010 On-Sale Intoxicating Liquor License to Rancho Grande Inc. for Rancho Grande; and, 2009-2010 Svecial Sunday Liquor License to Rancho Grande Inc. for Rancho Grande . 200Q-2010 On-Sale Intoxicating Liquor License to Cedar Creek Golf Course LLC for Cedar Creek Golf Course; and, 2009-2010 Special Sunday Liquor License to Cedar Creek Golf Course LLC for Cedar Greek Golf Course . 2009-2010 On-Sale Wine License to Hong Thai Inc. for Hong Thai; and, 2009-2010 On- Sale 3.2% Malt Beveraae License to Hong Thai Inc. for Hong Thai Motion carried unanimously. Name Tags Council member Wagner brought up a suggestion for staff to invest in additional nameplates or name tags. Wagner reported that when the Council attends various meeting with surrounding communities or joint workshops, there are generally name tags placed around to identify who is attending. It allows the general public attending these meetings to know who is on the Board or what City is being represented. Staff informed the Council that name tags or place cards will be made for future events held at the Albertville City Hall. CITY COUNCIL Oral Update on the STMA Ice Arena Board meeting (rom Fay and/or Dan Wagner) Council member Wagner gave a brief update on the STMA Ice Arena Board meeting that was held on March 9. Wagner reported that the Board continues to move forward with the STMA Arena Feasiblity Study. Wagner looked to City Administrator Kruse to assist with the update. City Administrator Kruse confirmed that the STMA Arena Board is nearing completion of the STMA Arena Feasibility Study. Originally the Study was to be completed last November, but has been delayed. The STMA Arena Board will be received a draft of the completed report at the April 13th Board meeting. M:\Public Data\City Council\Council Minutes\2009 Minutes\M 03-16-09 Approved.doc City of Albertville City Council Minutes March 16,2009 Page 7 of 15 Oral Update on the Planning and Zoning Commission meeting (Dan Wagner) Council member Wagner reported that the Planning Commission reviewed and approved the Site and Building Plans for the Convenience Store/Gas Station that is being proposed for the Albertville Marketplace Development. Wagner informed the Council that Mr. Morris is asking to expand the building to include seating and a food service area. By expanding on the Building, there will be a decrease in the number of gas pumps. This will be coming before the Council at the April 6 meeting. Oral Update on the Wright County Economic Partnership event held at the Albertville City Hall - discussing Transportation (Mayor Klecker) Mayor Klecker brought to the Council's attention that Noel Labine with the Wright County Economic Partnership held a presentation that was well attended by various municipalities and businesses. The main topic was Transportation, which not much has changed since the stimulus package was announced by Congress Mayor Klecker stated that he and Council member Fay, and City Administrator Kruse would be going to Washington DC on March 24-26th to solicit for funding for the 1-94 Project within Albertville. PLANNING AND ZONING Approve Ordinance No. 2009-006 OPTION TWO entitled an Ordinance amending Section 1000.4 (Accessory Buildings, Uses and Equipment) and Section 200.2 (Definitions) of the Albertville Zoning Ordinance (Appendix A) of the 2005 Albertville Municipal City Code relating to accessory building, which a final copy will be printed and signed; the signed copy will be scanned; the electronic scanned version will be kept on file in the office of the City Clerk and serve as the official record City Planner Brixius began by stating that per Council direction, staff has reviewed, prepared, and held a public hearing at the February 10,2009 regular Planning and Zoning Commission to consider amending Appendix A of the City Code that pertains to Accessory Buildings. Included in the Council packet there are two (2) Options for review and consideration. The difference between Option One and Option Two are as follows: Option Two allows for a second accessory building provided it does not exceed 240 square-feet in floor area when accompanied by an attached or detached garage on the same lot; and Option Two no longer utilizes conditional use permits, except for pole buildings in industrial districts and for some exceptions to height limitations on accessory buildings. M:\Public Data\City Council\Council Minutes\2009 Minutes\M 03-16-09 Approved.doc City of Albertville City Council Minutes March 16, 2009 Page 8 of 15 Brixius reported on the key issues relating to the Ordinance Amendment regarding Accessory Buildings. These issues are: a recent violation of the accessory structure zoning regulations prompted staff to review and re-examine the current regulations; overall, the Planning and Zoning Commission wished to grant greater flexibility in the standards than the City Council; staff prepared three Options that reflected the comments and concerns of the PZ Commission and City Council; the Planning and Zoning Commission recommended approval of Option Two; staff presented Option One and Two to the City Council, and Council directed staff to make revisions, which they have done so; staff is recommending approval of Option Two. During the lengthy discussion, Council could not reach a consensus on the size of the accessory building or detached garage. Mayor Klecker asked staff if they could somehow demonstrate how large 240 square-feet would appear. Council member Fay noted that he would have the ability to show Council how large a 240 square-foot structure would be using a field counter pacing it off within the Council Chamber. A member of the audience, Peter Wagener of 10690 - 56th Street NE was allowed to speak, in which he proceeded to hand out residents opinions or residents that Mr. Wagener surveyed from abutting property owners plus non-abutting property owners as to what their thoughts were on his accessory structure. The opinions were positive or accepting of the accessory building structure in his backyard. Council member Wagner brought up the fact that he too asked around, which he conducted his own survey of random residents. The results of Council member Wagner's survey the consensus was to leave the process as it stands, which means the homeowner would apply for the Conditional Use Permit, variance, and whatever else is necessary. Approving the amendment would all depend on the size of the structure and the layout of the lot. Klecker noted that we have heard each Council member's concerns regarding the amendment. Klecker now entertained a motion from the Council approving Ordinance No. 2009-006 with Option One or Option Two. Klecker looked to the City Attorney confirming that no action would mean the Ordinance dies in session and there would be no amendment to the City Code. City Attorney Couri agreed that if no action is taken, there would be no change to the current City Code. Klecker then looked to the Council for a motion, which reads as follows: MOTION BY Council member Sorensen, seconded by Council member Fay to approve Ordinance No. 2009-006 OPTION ONE entitled an Ordinance Amending Section 1000.4 (Accessory Buildings, Uses and Equipment) and Section 200.2 (Definitions) of the Albertville Zoning Ordinance (Appendix A) of the 2005 Albertville Municipal City Code Relating to Accessory Building Regulations amending the size of the structure to 150 square-feet and including B.5 of Option Two Design Standards/Covenants: These accessory building performance standards are applicable for all single family lots in the City, provided, however that these standards shall not be permitted where these design standards will supersede design M:\Public Data\City Council\Council Minutes\2009 Minutes\M 03-16-09 Approved.doc City of Albertville City Council Minutes March 16, 2009 Page 9 of 15 standards or covenants that have been established as part of an approved residential planned unit development. Property owners shall demonstrate compliance with approved covenants/ design standards with the submission of a building permit for an accessory buildin!2:. which a notice will be placed in the Crow River News adopting the Ordinance, a final copy will be printed and signed; the signed copy will be scanned; the electronic scanned version will be kept on file in the office of the City Clerk and serve as the official record. Mayor Klecker, Council members Fay, Sorensen, and Wagner voted aye. Council member Vetsch voted nay. Motion carried. ENGINEERING - no comments LEGAL REVIEW the Preliminary Assessment Roll for improvements to the Albert Villas 6th Addition; which includes Special Assessments in the amount of approximately $45,000 against twenty-nine (29) undeveloped lots in Albert Villas 6th Addition, all of which are owned by Lakeland Construction Finance, LLC, for the cost of completing punch list items City Attorney Couri informed the Council that he was going to turn it over to the Assistant City Engineer Nafstad to present the Preliminary Assessment Roll. Assistant City Engineer N afstad started with the fact that the most noticed improvement in the Albert Villas 6th Addition is primarily landscaping and sidewalk. Nafstad stated that some of the property owners inquired about the sidewalks and trees during the public hearing that was held in 2006 and wanted something done. City Attorney Couri stated Lakeland Construction LLC took ownership from Edina Development. Couri also noted that the City was secured by a letter of credit from Lakeland Construction Finance, LLC, a financing company that financed many developments in the Twin Cities area, including Albert Villas 6th Addition, which that letter of credit expired in August 2008. With no letter of credit to back the work to be done, staff is recommending that the City special assess the vacant lots in the Albert Villas 6th Addition for the cost of the punch list items. The Developer's Agreement gives the City the power to special assess the developer's property in the event the letter of credit is insufficient to cover the developer's default. There are approximately 80 total lots within the development. Of the total 80 lots, there are thirty two (32) vacant lots in Albert Villas 6th Addition, which the city can assess only 29. The remaining three (3) are owned by a builder and staff feels can not be assessed according to the terms within the Developer's Agreement. Council asked about the potential of a monument sign for the development. Staff was not sure as to where a monument sign would be properly placed within the development. Staff stated the sign is not a City responsibility and the Developer was earlier trying to find a location to put one, and then the Developer eventually went into bankruptcy and the issue was never resolved. M:\Public Data\City Council\Council Minutes\2009 Minutes\M 03-16-09 Approved.doc City of Albertville City Council Minutes March 16,2009 Page 10 of 15 Following the discussion of a monument sign, Council directed staff to look into placement of a monument sign; whether it is in an easement or other. Staff had concerns with the legal issues the sign would potentially cause. City Attorney Couri inquired if the Council would make a motion declaring the Preliminary Assessment Roll for improvements to the Albert Villas 6th Addition. MOTION BY Council member Wagner, seconded by Council member Fay to declare the Preliminary Assessment Roll for improvements to the Albert Villas 6th Addition; which includes Special Assessments in the amount of approximately $45,000 against twenty-nine (29) undeveloped lots in Albert Villas 6th Addition, all of which are owned by Lakeland Construction Finance, LLC, for the cost of completing punch list items; the Final Special Assessment will be presented to Council during a Public Hearing that will be held on Monday, April 6, 2009. Motion carried unanimously. ADMINISTRATION R,enew 1nF1T Training LLC Lease of 5975 Main Avenue NE City Administrator Kruse informed the Council that InFIT's lease expires in April. InFIT is looking for another location as they have outgrown the current location of 5975 Main Avenue NE. InFIT is asking if the Council would consider renewing the Lease agreement on a month-to- month basis with a 60-day termination clause. MOTION BY Council member Vetsch, seconded by Council member Wagner to renew InFIT Training LLC Lease of 5975 Main Avenue NE, changing the lease term from a one-year lease to a month-to-month lease with a ninety (90) day exit clause for both parties starting May 15,2009. The rate is to remain the same at $8.00 per square foot ($1,546.67) triple net with the lessee paying property taxes ($9,000/yr), building insurance ($600/yr), City pylon sign ($60 per month), utilities and applicable sales taxes. The City shall maintain the lawn and perform the majority of the removal of snow from the sidewalk and parking lot. Beginning January 1,2010 and every January thereafter lease rate shall be automatically adjusted for inflation equal to the Consumer Price Index not to exceed 6%. Lessee is authorized to complete leasehold improvements to install a doorway between the first and second office in the Southeast portion of the building and to paint the interior of the building, with the lessee paying of all leasehold improvements. Employee parking shall be on the west side of the building. The City Attorney is directed to revise the lease documenting these and other terms at the City Attorney's discretion. Motion carried unanimously. 1-94 Westbound Collector Distributor Final Design Proposals M:\Public Data\City Council\Council Minutes\2009 Minutes\M 03-16-09 Approved.doc City of Albertville City Council Minutes March 16,2009 Page 11 of 15 City Administrator Kruse reported that staff included 1-94 Westbound Collector Distributor Final Design proposals in the packet. Kruse continued by reminding the Council that for the past ten (10) years the City has been working towards improving the 1-94 access. MnDOT and the Federal Highway Department recently approved the layout. In an effort to move forward, the next step would be to hire an Engineering Firm to complete the final design in preparation for bidding. Council asked to invite four (4) firms to submit proposals to complete the 1-94 Collector Distributor Road Final Design. WSB, SRF, and SEH were the three (3) entities that submitted proposals to complete the 1-94 Collector Distributor Road Final Design. Kruse stated the Federal Government is planning on issuing stimulus funds to assist the economic recovery. Priority will be given to project that are shovel ready and can put people to work and pump money into the economy as soon as possible. City Administrator Kruse then touched on the financing for the 1-94 Project, which staff anticipates funding the 1-94 Final Design via an inter-loan fund. In the past the City was levying $100,000 towards 1-94 improvements; in 2009, the City lowered it to $80,000. In 2009, $40,000 of these dollars is dedicated towards lobbying our Congressional Delegation to fund the 1-94 Project. The balance of unused funds can be dedicated towards repaying the inter-fund loan for final design. In the future, staff recommends the City dedicate up to $100,000 per year to repayment of the 1-94 Final Design inter-fund loan. Kruse went over his comparative analysis of the strengths of the three firms's proposals. Following this, each Council member presented their thoughts on which firm they thought would perform the best for the City. Kruse summarized the request for Council action pointing out that the City received three (3) proposals for the 1-94 Project. All three (3) firms are reputable companies. City Attorney Couri added to Kruse's statement noting that staff wanted Council review the proposals, ask questions, discuss concerns or issues regarding the 1-94 Project. Couri noted that no action is needed at this time as Council will be going into a closed session. Council can make a decision, if necessary, following the closed session as to how they would like the City to proceed. Mayor Klecker reported that he supported the effort to continue pursuing the 1-94 project. Klecker opened up the discussion by asking each Council member to share any comments. Council member Fay acknowledged the fact that the City has invested a considerable amount of time and effort into the 1-94 project. To discontinue at this point would be a mistake. The City has invested a significant amount of money in this project to date and should continue to pursue final design. Council member Wagner felt the same as Fay, in the fact that the City should continue to move forward. However, Wagner favored the WSB's proposal even though they were not the low bidder. Wagner reiterated that he wants to see the City continue their efforts with the 1-94 Project. M:\Public Data\City Council\Council Minutes\2009 Minutes\M 03-16-09 Approved.doc City of Albertville City Council Minutes March 16, 2009 Page 12 of 15 Council member Sorensen questioned the terminology of "shovel ready". Sorensen brought to the Council's attention the fact that he has talked to residents and a number of them were stumped as to why the City wasn't farther along with the project. Council member Vetsch gave the impression he was reserved on whether to continue because he was very concerned with the funding and the potential of raising taxes. He did not understand the thought of potentially putting the cost on the residents as it was not their development that caused the traffic issues or problems that Albertville is currently dealing with. Upon reviewing the proposals and listening to Council's comments, it was the consensus that Council did not feel it was necessary to interview the three (3) Engineering firms as all have stellar experience with similar projects. MOlTON BY Council member Fay, seconded by Council member Wagner to table selecting a engineering firm to complete final design until after the closed session. Motion carried unanimously. M:\Public Data\City Council\Council Minutes\2009 Minutes\M 03-16-09 Approved.doc City of Albertville City Council Minutes March 16,2009 Page 13 of 15 Accept the City Administrator's Written Report dated March 12, 2009 The Council accepted the City Administrator's Written Report dated March 11,2009. CITIZENS OPEN FORUM - no comments ANNOUNCEMENTS and or UPCOMING MEETINGS Mayor Klecker asked the Council to review the upcoming meetings and calendar of events, which Klecker brought to Council's attention that the March 23 Joint Powers Water Board meeting had been rescheduled to March 30 beginning at 5 :00 p.m. Council member Wagner noted that the joint workshop between the two (2) Cities and the School Board is set for 6:00 p.m., which City Clerk Miller apologized for the error. March 2009 23 6:00 p.m. 30 7:00 p.m. April 2009 6 5:30 p.m. 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. May 2009 4 7:00 p.m. 11 6:00 p.m. 12 7:00 p.m. 16 7:00 a.m. 18 7:00 p.m. 25 all day 26 6:00 p.m. 26 7:00 p.m. Joint Powers Water Board meeting (possibly re-scheduled) Cities of Albertville & St. Michael and STMA School Board Joint Workshop (STMA School Board Room) 2009 Local Board of Appeals and Adjustments 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) City Council meeting STMA Ice Arena Board meeting Planning and Zoning Commission meeting Annual jt. Spring Cleanup Day City Council meeting Memorial Day observed - City Offices closed Joint Powers Water Board meeting Committee of the Whole Workshop (cancelled) M:\Public Data\City Council\Council Minutes\2009 Minutes\M 03-16-09 Approved.doc City of Albertville City Council Minutes March 16, 2009 Page 14 of 15 June 2009 1 7:00 p.m. 8 6:00 p.m. 9 7:00 p.m. 11-14 varies 12 5:00 p.m. 14 1:30 p.m. 15 7:00 p.m. 22 6:00 p.m. 29 7:00 p.m. City Council meeting STMA Ice Arena Board meeting Planning and Zoning Commission meeting Albertville Friendly City Days Albertville vs. St. Michael friendly challenge (tentative) Albertville FCD Grande Day Parade City Council meeting Joint Powers Water Board meeting Committee ofthe Whole Workshop (tentative) MOTION TO CLOSE THE REGULAR CITY COUNCIL MEETING TO GO INTO A CLOSED SESSION (5 minute recess to clear Council Chamber) MOTION BY Council member Fay, seconded by Council member Wagner to closed the regular City Council meeting to go into a closed session to discuss the Gold Key Development, also known as Albert Villas, Lawsuit between the City of Albertville vs. SEH; and discussion regarding the Builders in the Prairie Run Development. Motion carried unanimously. CLOSED SESSION Discuss the Lawsuit - City 0/ Albertville vs. SEH - update City Council on Mediation Update the Council on the Prairie Run - Builders vs. Gold Key MOTION TO RECONVENE THE REGULAR CITY COUNCIL MEETING MOTION BY Council member Wagner, seconded by Council member Fay to reconvene the regular City Council meeting. Motion carried unanimously. MOTION TO TAKE ACTION ON CLOSED SESSION DISCUSSION IF NECESSARY Mayor Klecker looked to the Council to see if any of them wanted to make a motion MOTION BY Council member Wagner, seconded by Council member Fay to move forward accepting the stipulations that include and are not limited to: . Payor shall be Short, Elliot, Hendirckson, Inc.; . Payee shall be the City of Albertville, Minnesota; M:\Public Data\City Council\Council Minutes\2009 Minutes\M 03-16-09 Approved.doc City of Albertville City Council Minutes March 16, 2009 Page 15 of 15 . Term of the note shall be the remaining term of the financing bonds issued by the City to fund retaining poind improvements for the benefit of the Albert Villas Subdivision flood improvements that are the subject of this dispute ("Bonds"); . Payments, to be prorated over the term, shall be payments due semi-annually, with the payments due at the times and in the manner as set forth in the Bonds; . Interest on the unpaid balance shall be at the rate as provided in the Bonds; . There shall be a written notice of default, with a ten (10) business day's opportunity to cure. . In the event of a need for action to enforce the Note, the City shall be entitled to recover all of its costs of collection, including reasonable attorney's fees. Mayor Klecker, Council members Wagner, Fay, and Sorensen voted aye. Council member Vetsch voted nay. 1-94 Westbound Collector Distributor Final Design MOTION BY Council member Fay, seconded by Council member Wagner to direct staff to bring back a contract with SRF to complete the 1-94 Westbound Collector Distributor Road. Mayor Klecker, Council members Fay, Wagner, and Sorensen voted aye. Council member Vetsch voted nay. Motion carried. ADJOURNMENT MOTION BY Council member Fay, seconded by Council member Sorensen to adjourn the Monday, March 16, 2009 regular City Council meeting at 10:05 p.m. Motion carried unanimously. ,n]L Bridget Miller, CI M:\Public Data\City Council\Council Minutes\2009 Minutes\M 03-16-09 Approved.doc Albertville City Council March 16, 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 as!enda Jane Smith 1325 Any Street NE Albertville No - agenda item John Doe 1295 Your Street NE Annandale Yes - car(s) speeding .~ lNa.a~Nfr IOCqO S-r;, t tf 5"tNE A-(I?p;frv~ II~ IV I) - /4.. d ,,- J}~ :t-..,.eA V U M:\Public Data\City Council\2009 Public Hearing Attendance.doc