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2009-04-06 CC Minutes ~ "!~~l'!iJL€ ALBERTVILLE CITY COUNCIL APRIL 6, 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 stand to say the Pledge of Allegiance. ROLL CALL PRESENT: Mayor Ron Klecker, Council members Tom Fay, Larry Sorensen, and Dan Wagner, C,ity Attorney Mike Couri, City Engineer Adam Nafstad, City Planner Alan Brixius, City Administrator Larry Kruse, Finance Director Tina Lannes, and City Clerk Bridget Miller ABSENT: Council member John Vetsch OTHERS PRESENT: Public Works Supervisor Tim Guimont and Assistant Fire Chief Jay Eull AMENDMENTS TO THE AGENDA Mayor Klecker asked the Council if they had any changes to the April 6, 2009 agenda. Council requested to pull items 9.E.l. Accept the City Engineer's (BMI) Recommendation for Partial Pay Estimate No.4 and Final Payment to the City of Otsego in the amount of $34,430.4 7 for the 70th Street NE Improvement and 9.E.2. Authorize the Monday, April 6, 2009 Payment of Claims (bills) for check numbers 026833 to 026894 as presented except the bills specifically pulled, which are passed by separate motion from the Consent Agenda. Staff then reported to have item 9.H.l. Approve Ordinance No. 2009-010 entitled an Ordinance amending Section 11-9-4 (Agreement for Installation) and Section 11-9-5 (Financial Guarantee) of the Albertville Subdivision Regulations (Title 11) of the 2005 Albertville Municipal City Code, relating to deposit or security amounts required by the city and requirements of a bank issuing a letter of credit as presented, 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 was pulled from the agenda; and, add 9.A. Fire Department - Request for Payment to Monticello for 800 MHz Radios; and, to add II.B. Closed Session for an Update M:\PubJic Data\City Council\Council Minutes\2009 Minutes\M 04-06-09 Approved.doc City of Albertville City Council Minutes April 6, 2009 Page 2 of 19 on the Leuer Special Assessment Trial. Klecker entertained a motion from the Council to approve the amendments made on the April 6, 2009 agenda. MOTION BY Council member Sorensen, seconded by Council member Wagner to approve the Monday, April 6, 2009 regular Albertville City Council agenda as amended, removing items 9.E.1. and 9.E.2. from the Consent Agenda; removing item 9.H.1. from the regular agenda; adding 9.A. Fire Dept. for a Payment Request to the City of Monticello for Albertville's portion for the 800 MHz Radios; and II.B. Closed Session for an Update on the Leuer Trial. Motion carried unanimously. MINUTES March 16, 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 Fay, seconded by Council member Sorensen to approve the Monday, March 16,2009 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. RECOGNITIONS - PRESENTATIONS - INTRODUCTIONS Klecker noted that there were no recognitions, presentations, or introductions to be made during the regular April 6, 2009 City Council meeting. CITIZEN FORUM Mayor Klecker acknowledged there were three (3) individuals who wanted to discuss a topic with the Council that was not already on the agenda. Klecker reported that Missy Kotchen was to be the first resident to speak to the Council, which she would be allowed approximately five (5) minutes to state her concern. Missv Kotchen of 10422 - 62nd Street NE of Albertville reminded the Council present that she came before them last year regarding the softball field at Winter Park. Ms. Kotchen informed the Council that she has been working with City Administrator Kruse in how to address the damage that is occurring on her fence. The softball season apparently has begun and again once she is experiencing the problems with the balls hitting her fence. Kotchen would like the Council to consider re-designing the park layout, by switching it so that the balls are hit in the M:\Public Data\City Council\Council Minutes\2009 Minutes\M 04-06-09 Approved.doc City of Albertville City Council Minutes April 6, 2009 Page 3 of 19 opposite direction of her backyard. She would prefer the balls be hit towards the wooded area near or within the park. Kotchen reported the age of kids playing ball range from 2nd Grade to 7th Grade. Mayor Klecker stated that the Council is aware of her situation and would take it under advisement of re-designing the park. Klecker reported that City Administrator Kruse would keep in touch as to how to deal with the situation. Klecker went on to say that it is not an easy fix to just switch the ballfield. It will take time and careful consideration to accomplish flip-flop the field not to mention the expense. Klecker noted that the City has made an initial investment with the current layout. Staff wants to make sure as to what is actually happening prior to making the investment of changing the layout. Another suggestion was better signage within the ballfield. City Engineer Nafstad added that the field was designed for Little League. Deputy Sean Leven reported that he is aware of the vandalism. Ms. Kotchen has contacted the Wright County Sheriffs where the deputy on duty would go to the caller's place of residence and find out what has happened; then investigate and talk to the kids at the park if present. Leven continued by stating it would be difficult to know when to stop by the park to observe what is happening in order for them to enforce the code. Boe Bunnell of 11656 E. Laketowne Drive NE of Albertville informed the Council that in the Towne Lakes Development there is a trail system that flows throu~out the addition. The Trail is about 98% complete, which there is a section in Towne Lakes 4t Addition where the trail system comes to a dead-end. Mr. Bunnell reported that he has been in contact with the PW staff who encouraged me to bring it before the Council to see if they would consider completing the trail system. Bunnell noted City staff has placed some form of temporary surface, but would like to see more of a permanent material. Public Works Supervisor Guimont confirmed that staff has put some crushed material on the trail that helped some. City Engineer Nafstad commented that it would cost approximately $3,500 - $5,000 to install a base for the trail. Council acknowledged Mr. Bunnell's request to complete the trail system, in which they would review the status with staff and see if there was something the City could do. Erik Kirscher of9577 40th Place NE of St. Michael wanted to introduce himself to the Council and inform him that he would be running the restaurant portion within the Full Moon Saloon Bar & Grill. Mr. Kirscher reported that Mr. Mabusth and himself are evaluating the portential of taking over the ownership in mid-to-Iate June 2009. Kirscher informed the Council the hours of operation would be 7:00 a.m. to 10:00 p.m. Kirscher's intention oftaking over is to bring the establishment back to its initial reputation. M:\Public Data\City Counci1\Council Minutes\2009 Minutes\M 04-06-09 Approved.doc City of Albertville City Council Minutes April 6, 2009 Page 4 of 19 Mayor Klecker asked Mr. Kirscher's if he was going to be taking over the entire establishment? If yes, Klecker brought to Kirscher's attention that he would have to transfer the Liquor License, which would involve a Background Check by the BCA. PUBLIC HEARING Approve Resolution No. 2009-006 entitled a Resolution Adopting Special Assessments for Albert Villas 6th Addition Developer Improvements Mayor Klecker opened the public hearing at 7:29 p.m. City Engineer Nafstad reported that the purpose of the Public Hearing is to take public comment regarding a Special Assessment hearing on vacant lots within the Albert Villas 6th Addition. There are a total of 32 vacant lots, which 29 are being assessed. Residents within the development have asked staff when the sidewalk and landscaping would be completed. Nafstad noted that the original developer has filed for bankruptcy and the Letter's of Credit have expired. The current owner of the 29 lots is connected with the original developer, which is staffs suggestion to collect on the completion of the improvement. Mayor Klecker asked if any Council members had questions or concerns regarding the proposed approval of Resolution No. 2009-006 entitled a Resolution Adopting Special Assessments for Albert Villas 6th Addition Developer Improvements. Mayor Klecker asked if there was anyone in the audience that wanted to share comments or concerns regarding the proposed approval of Resolution No. 2009-006 entitled a Resolution Adopting Special Assessments for Albert Villas 6th Addition Developer Improvements. Jeremy Carlson of 10698 48th Street NE within the Albert Villas Development asked if staff could identity where the concrete would be placed. Staff could not at this time identify exactly where the concrete would be placed. Mr. Carlson's concern had to deal with Albert Villas 7th Addition, which abuts his property. Residents or others walk along the sidewalk along his property, but it comes to a dead-end. These individuals then use Carlson's backyard as a turn-around to go back down the sidewalk. Council encouraged staff to research extending the sidewalk slightly north of Mr. Carlson's lot into the Albert Villas 7th Addition to assist with the resident's request. Staff stated they would do their best to see if the sidewalk could be extended north of Mr. Carlson's property. Mr. Carlson also brought up the rumor that Lakeland Construction is in financial problems. Is it a positive way to assess these lots? Council felt an additional$1,551 should not affect the selling of the lots. M:\Public Data\City Council\Council Minutes\2009 Minutes\M 04-06-09 Approved.doc City of Albertville City Council Minutes April 6, 2009 Page 5 of 19 Mayor Klecker closed the public hearing at 7:40 p.m. Mayor Klecker turned to the Council for a motion to approve Resolution No. 2009-006 entitled a Resolution Adopting Special Assessments for Albert Villas 6th Addition Developer Improvements. MOTION BY Council member Sorensen, seconded by Council member Fay to approve Resolution No. 2009-006 entitled a Resolution Adopting Special Assessments for Albert Villas 6th Addition Developer Improvements 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 a CONSENT AGENDA All items with an asterisk (a) 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 acknowledged that items 9.E.l. Accept the City Engineer's (BMI) Recommendation for Partial Pay Estimate No.4 and Final Payment to the City of Otsego in the amount of $34,430.47 for the 70th Street NE Improvement and 9.E.2. Authorize the Monday, April 6, 2009 Payment of Claims (bills) for check numbers 026833 to 026894 as presented were pulled from the April 6, 2009 Consent Agenda under Amendments to the Agenda. Klecker entertained a motion to approve the Consent Agenda, in which the two (2) items were pulled. MOTION BY Council member Fay, seconded by Council member Sorensen to approve the remaining three (3) items on the Monday, April 6, 2009 Consent Agenda as presented; in which no separate discussion will take place nor require a separate motion. Motion carried unanimously. DEPARTMENT BUSINESS FIRE DEPARTMENT Payment Request to the City of Monticello for Albertville's portion for the 800 MHz Radios Finance Director Lannes reported that staff was notified just today from the City of Monticello that the 800 MHz Radios will be delivered, in which Monticello is requesting a $16,602 payment upon delivery. Lannes noted that the radios will be delivered prior to the next Council meeting; M:\Public Data\City Council\Council Minutes\2009 Minutes\M 04-06-09 Approved.doc City of Albertville City Council Minutes April 6, 2009 Page 6 of 19 therefore, requested Council approval to release the $16,602 payment. The total cost of the Radios is $83,000, which Monticello is looking for 20% at the time of delivery. MOTION BY Council member Fay, seconded by Council member Sorensen to approve the Payment Request to the City of Monticello for Albertville's portion for the 800 MHz Radios at a cost not to exceed $16,602. Motion carried unanimously. PUBLIC WORKS DEPARTMENT - - no comments UTILITIES DEPARTMENT (WWTP) - no comments BUILDING DEPARTMENT - - no comments FINANCE DEPARTMENT Accept the City Engineer's (BMI) Recommendationfor Partial Pay Estimate No.4 and Final Payment to the City ofOtsego in the amount of$34,430.47 for the 70th Street NE Improvement Council member Fay wanted to make sure that staffwas happy with the end result of 70th Street NE Improvement. Staff basically stated "yes". It was an interim project on 70th Street NE, which was lead by Otsego staff. Staff has driven the portion of 70th Street NE within the Albertville city limits. MOTION BY Council member Fay, seconded by Council member Sorensen to the accept City Engineer's (BMI) Recommendation for Partial Pay Estimate No.4 and Final Payment to the City ofOtsego in the amount of $34,430.47 for the 70th Street NE Improvement, 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. Authorize the Monday, April 6, 2009 Payment of Claims (bills) for check numbers 026833 to 026894 as presented except the bills specifically pulled, which are passed by separate motion Council member Wagner had a question regarding check no. 026889 made payable to Weidners Plumbing & Heating Co. in the amount of%357.50 for City Hall climate control repair/ maintenance. When will the issues with City Hall be resolved? M:\Public Data\City Council\Council Minutes\2009 Minutes\M 04-06-09 Approved.doc City of Albertville City Council Minutes April 6, 2009 Page 7 of 19 Finance Director Lannes reported the repair had to deal with the climate control in the server room, which the City has dealt with for the past couple of years. Other item that was corrected had to deal with the noise level from the air flow ducts. The air flow vents or ducts in various rooms throughout the building, which included the front desk area become loud when the system is running making it difficult to hear individuals during a meeting or when on the phone. City Administrator Kruse reminded the Council that with most new construction there are areas that need additional tweaking after a year or two after moving into a building. This is one area that needed some tweaking and staff researched the appropriate way to deal with the issue. MOTION BY Council member Wagner, seconded by Council member Fay to the authorize Monday, April 6, 2009 Payment of Claims (bills) for check numbers 026833 to 026894 as presented except the bills specifically pulled, which are passed by separate motion, 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 a donation in the amount of$1,422.00from the Foxtailers Snowmobile Club and deposit the donation of$1, 422. 00 to the City Hal/fundfor a Display Case MOTION BY Council member Fay, seconded by Council member Sorensen to the accept a donation in the amount of$1,422.00 from the Foxtailers Snowmobile Club and deposit the donation of$1,422.00 to the City Hall fund for a Display Case, 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. Finance Director's Report dated April 1, 2009 Finance Director Lannes gave a brief overview of the financial status of the City's books. Lannes reported total accounts receivable outstanding through March 30, 2009 is $59,599.69, which about 50% is over 90 days outstanding. Lannes asked if the Council had any questions or concerns regarding any of the outstanding invoices. There were no additional comments from the City Council. M:\Public Data\City Council\Council Minutes\2009 Minutes\M 04-06-09 Approved.doc City of Albertville City Council Minutes April 6, 2009 Page 8 of 19 CITY CLERK .Approve the Minnesota Lawful Gambling LG220 Applicationfor Exempt Permit submitted by the Sf. Albert Catholic Church to conduct Excluded Bingo, Raffles, Paddlewheels, Pull-tabs, and Tipboards Activity at the St. Albert Parish Center located at 5 Main Avenue NE within the Albertville city limits for an event to be held on July 18, 2009 and July 19, 2009 with the Raffle drawing on July 29, 1009, which a signed copy of the gambling permit will be kept on file in the office of the City Clerk MOTION BY Council member Fay, seconded by Council member Sorensen to approve the Minnesota Lawful Gambling LG220 Application for Exempt Permit submitted by the St. Albert Catholic Church to conduct Excluded Bingo, Raffles, Paddlewheels, Pull-tabs, and Tipboards Activity at the St. Albert Parish Center located at 5 Main Avenue NE within the Albertville city limits for an event to be held on July 18,2009 and July 19,2009 with the Raffle drawing on Wednesday, July 29,2009, which a signed copy of the gambling permit will be kept on file in the office ofthe City Clerk. Motion carried unanimously. Approve the Annual Renewal of the 2009-2010 Off-Sale Intoxicating Liquor License to Holm Holdings Inc. for the 152 Club; and, 200Q-2010 On-Sale Intoxicating Liquor License to Holm Holdings Inc. for the152 Club; and, 2009-2010 Special Sunday Liquor License to Holm Holdings Inc. for the152 Club City Clerk Miller informed the Council that Holm Holdings Inc. has submitted their annual liquor license renewal for the three (3) various licenses. As oftoday, Ms. Holm's has paid the fine and other outstanding debt, in which the approximate $133 invoices will be waived. There are still outstanding Fire Code violations that have not been completed, which the most important is dealing with an entrance/exit door that swings into the building and should swing towards the exterior of the building. Assistant Fire Chief Eull is present to confirm the Fire Code compliance issues. Deb Holms of Holm Holdings Inc. (owner of the 152 Club) asked to approach the Council to explain what she has been doing. Ms. Holms began with the comment that from the exterior of the building it would appear as if nothing has been accomplished. If you look at the interior of the building you would see that I have had a number of contractor's bringing the electrical up to code, remodeling the kitchen, among other things. Holm's verbally requested that the Council consider extending the deadline from April 15 to May 15, which she would guarantee to have the front entrance - exit door swing corrected. The remaining items, Ms. Holms' stated she would have corrected by June 11 th in time for Friendly City Days. Holms' reiterated that the 152 Club has passed Electrical final, building and plumbing finals. Former Council member Berning recently visited the establishment and noticed the interior progress being made. M:\Public Data\City Council\Council Minutes\2009 Minutes\M 04-06-09 Approved.doc City of Albertville City Council Minutes April 6, 2009 Page 9 of 19 Council asked Assistant Fire ChiefEull ifhe had any comments regarding the Fire Code violation progress, which Eull had no additional comments at this time. Eull noted that Ms. Holms has made some progress over the past couple of months. Eull would most likely be okay with extending the completion to May 15,2009. Mayor Klecker asked the Council if they had any questions or concerns. After careful consideration and review of the situation the following motion was made: MOTION BY Council member Fay, seconded by Council member Wagner to approve the Annual Renewal of the 2009-2010 Off-Sale Intoxicatina liquor License to Holm Holdings Inc. for 152 Club; and, 200Q-2010 On-Sale Intoxicating Liquor License to Holm Holdings Inc. for 152 Club; and, 2009-2010 Special Sunday Liquor License to Holm Holdings Inc. for 152 Club contingent on all Fire Code violations being completed and all invoices and bills being paid by Wednesday, April 15, 2009; and, contingent on the City receives written notification from Holm Holdings requesting an extension until May 15, 2009 to complete Fire Code violations. If all non-compliant Fire Code issues, outstanding fees are not paid prior to April 15th, and written notification extending the date to May 15, the renewal is not approved and the 152 Club MUST cease selling all liquor until such time as the Fire Chief certifies it's compliance with the Fire Code and the City Clerk verifies all bills are paid in full. At that time the City Clerk is directed to issue the above mentioned liquor licenses. Motion carried unanimously. Approve the Annual Renewal of the 2009-2010 Off-Sale IntoxicatinQ LiQuor License to Twin Star Food/Beverage Co. Inc. for Full Moon Saloon & Grill; and, 200Q-2010 On-Sale Intoxicating Liquor License to Twin Star Food/Beverage Co. Inc. for Full Moon Saloon & Grill; and, 2009- 2010 Special Sunday Liquor License to Twin Star Food/Beverage Co. Inc. for Full Moon Saloon & Grill City Clerk Miller reported that Twin Star Food/Beverage Co. Inc. came in last Wednesday to submit their renewal of their combination Liquor License. As per the Request for Council Action, there are still outstanding invoices and outstanding utility bills. Assistant Fire Chief Eull can report on the outstanding Fire Code violations. Assistant Fire ChiefEull reported that Mr. Mabusth has also been making progress with bringing his establishment up to code. To the best ofEull's knowledge the establishment has passed the majority of code violations. Eull noted that the Fire Chief was out-of-town and unable to assist with the inspection. Mayor Klecker turned to the Council to see if they had any other questions or concerns regarding the renewal of the Liquor Licenses for the Full Moon Saloon & Grill. After careful consideration the Council made the following motion: MOTION BY Council member Wagner, seconded by Council member Sorensen to approve the Annual Renewal of the 2009-2010 Off-Sale Intoxicatina Liquor License to Twin Star Food! M:\Public Data\City Council\Council Minutes\2009 Minutes\M 04-06-09 Approved.doc City of Albertville City Council Minutes April 6, 2009 Page 10 of 19 Beverage Co. Inc. for Full Moon Saloon & Grill; and, 200Q-2010 On-Sale Intoxicating Liquor License to Twin Star Food/Beverage Co. Inc. for Full Moon Saloon & Grill; and, 2009- 2010 Special Sunday Liquor License to Twin Star Food/Beverage Co. Inc. for Full Moon Saloon & Grill contingent on all Fire Code violations being completed and all invoices and bills being paid by Wednesday, April 15, 2009. If the Fire Code violations are not completed and all outstanding invoices and utilities bills are not paid by Wednesday, April 15, 2009 the renewal is not approved and the Full Moon Saloon & Grill MUST cease selling all liquor until such time as the Fire Chief certifies it's compliance with the Fire Code and the City Clerk verifies all bills are paid in full. At that time the City Clerk is directed to issue the above mentioned liquor licenses. Motion carried unanimously. Approve a New Liquor Licenses for Phil Morris for Emma Krumbees Restaurant establishment contingent upon approval of the background check City Clerk Miller commented that as Council has been aware there is a new restaurant known as Emma Krurnbees that will be opening this year. Phil Morris, a.k.a. Morris Walker LTD., has submitted an application for a 200Q-2010 On-Sale Intoxicating Liquor License and, 2009- 2010 Special Sunday Liquor License. Miller reported that the City has not received the background information from the Bureau of Criminal Apprehension, but has received the background report from the Wright County Sheriffs Department. The applicant would like to open by May 1, 2009; therefore, staff is requesting Council approve the liquor license contingent upon the BCA's background report. MOTION BY Council member Fay, seconded by Council member Sorensen to approve the New Application for a 200Q-2010 On-Sale Intoxicating Liquor License to Morris Walker LTD for Emma Krurnbees; and, 2009-2010 Special Sunday Liquor License to Morris Walker L TD for Emma Krurnbees contingent upon passing the Bureau of Criminal Apprehension Background Check and then the City Clerk is hereby authorized to issue the license. Motion carried unanimously. CITY COUNCIL Oral Update on the Joint Powers Water Board meeting (Ron Klecker and or Tom Fay) Mayor Klecker reported that the meeting was re-scheduled and short due to the joint meeting with the School Board and St. Michael Council. Joint Powers staff offered a tour of the Water Treatment Plant, which Klecker was rather impressed. Klecker noted that the Annual Audit was presented at the meeting and was passed. There was not much more to report at this time. M:\Public Data\City Council\Council Minutes\2009 Minutes\M 04-06-09 Approved.doc City of Albertville City Council Minutes April 6, 2009 Page 11 of 19 Oral Update on Trip to Washington DC promoting 1-94 Project Mayor Klecker informed the members of the Council that Tom Fay and Larry Kruse recently visited Washington DC, in which the three (3) of them had an opportunity to meet with Amy Klobuchar, Michele Bachmann, Betty McCollum, and Jim Oberstar. Mr. Oberstar has Albertville's support on the 1-94 Project. Klecker reported that there maybe funds available for Albertville, but would have to obtain it through the Senate side. Klecker concluded by stating staff and Council will continue to be proactive in obtaining funds for the project. It was noted that representatives from Wright County Highway Department and Bolton & Menk, Inc. also visited Washington DC and presented information on behalf of Albertville for the 1-94 Project. PLANNING AND ZONING Approve Ordinance No. 2009-010 entitled an Ordinance amending Section 11-9-4 (Agreement for Installation) and Section 11-9-5 (Financial Guarantee) of the Albertville Subdivision Regulations (Title 11) of the 2005 Albertville Municipal City Code, relating to deposit or security amounts required by the city and requirements of a bank issuing a letter of credit as presented, which a final copy will be printed and signed; the signed copy will be scanned; the electronic scanned version will be kept onfile in the office of the City Clerk and serve as the official record NO ACTION was taken as the item was pulled from the agenda. City Planner Brixius noted that the item was tabled by the Planning and Zoning Commission and was placed on the agenda by mistake. Approve Ordinance No. 2009-011 entitled an Ordinance amending Section 10-1-3 (Improvements or Escrow for New Residential Construction) of the Albertville Building and Development Regulations (Title 10) of the 2005 Albertville Municipal City Code, relating to the improvements required on a property prior to issuance of a Certificate of Occupancy or refund of an escrow as presented, 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 reported that City Attorney Couri has prepared an amendment to the Building and Development Regulations (Title 10) of the City Code, regarding the improvements that are required on a property prior to the issuance of a Certificate of Occupancy or the refund of an Escrow. The amendment specifically addresses the removal of all silt fencing on a property. M:\Public Data\City Council\Council Minutes\2009 Minutes\M 04-06-09 Approved.doc City of Albertville City Council Minutes April 6, 2009 Page 12 of 19 Brixius noted that currently, the Building and Development Regulations (Section 1O-1-3.A.1.a) outline improvements needed in order to receive a Certificate of Occupancy for a newly constructed residential dwelling. Some of those improvements include: residential development standards and individual lot requirements in a developer's agreement. The proposed amendment adds language regarding the removal of silt fencing on a property as one of the improvements required prior to the issuance of a Certificate of Occupancy. Brixius went on to note that the Building and Development Regulations (Section 10-1-3.C.) also address the timing of the refund of an escrow. The proposed amendment adds language that specifies that the person or company which established the escrow must apply for a refund and that any silt fencing on the property must be removed prior to the refund of an escrow. Mayor Klecker asked the Council ifthey had any questions or concerns regarding Ordinance No. 2009-011. Klecker heard no comments from the Council; therefore, the following motion was made: MOTION BY Council member Sorensen, seconded by Council member Wagner to approve Ordinance No. 2009-011 entitled an Ordinance amending Section 10-1-3 (Improvements or Escrow for New Residential Construction) of the Albertville Building and Development Regulations (Title 10) of the 2005 Albertville Municipal City Code, relating to the improvements required on a property prior to issuance of a Certificate of Occupancy or refund of an escrow as presented, 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. Motion carried unanimously Approve Ordinance No. 2009-012 entitled an Ordinance amending Section 300.1 (Procedures) and 400.2 (Procedures) of the Albertville Zoning Ordinance (Appendix A) of the 2005 Albertville Municipal City Code relating to the number of Council votes needed to approve an amendment (text and map) or a conditional use permit as presented, which afinal 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 this is similar to the Ordinance that was presented and adopted at the Council meeting held in March 2009. Staff recently discovered that the current language in the Zoning Ordinance is incorrect in regards to the number of Council votes needed to grant a variance, conditional use permit, and amendment request. Staffhas already brought forward the Ordinance Amendment language pertaining to variance processing and is now bringing forward the Ordinance Amendment language pertaining to conditional use permit requests and amendment (text or map) requests. Currently, the Zoning Ordinance states that an amendment (text or map) or conditional use permit shall be granted by a four-fifths (4/5) vote of the council. According to Minnesota M:\Public Data\City Council\Council Minutes\2009 Minutes\M 04-06-09 Approved.doc City of Albertville City Council Minutes April 6, 2009 Page 13 of 19 Statutes, however, a majority vote of the council is required in order to grant a conditional use permit or amendment request. Klecker asked the Council if they had any questions; if not, entertained a motion to approve the Ordinance. MOTION BY Council member Fay, seconded by Council member Wagner to approve Ordinance No. 2009-012 entitled an Ordinance amending Section 300.1 (Procedures) and 400.2 (Procedures) ofthe Albertville Zoning Ordinance (Appendix A) of the 2005 Albertville Municipal City Code relating to the number of Council votes needed to approve an amendment (text and map) or a conditional use permit as presented, 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. Motion carried unanimously Approve Resolution No. 2009-004 entitled a Resolution Approving a Planned Unit Development Concept Amendment for a site and building plan review of the expansion of the convenience store at the Albertville Market Place, located in the southeast quadrant ofCSAH 37 and Interstate 94 as presented, 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 reviewed the information in the packet, in which Brixius commented that the original PUD/CUP was approved on April 2, 2007 with the condition that any modifications to the PUD that proposed changes to the building sizes by more than 10%; changes to site circulation; or changes to anyon-site parking would require a site and building plan review by the Planning Commission and City Council. Brixius continued by stating at this time, the applicant is proposing the following changes: increasing the size of the convenience store floor plan from 4,700 square feet to 6,208 square feet; moving the gasoline pump area slightly; reducing the number of gas pumps from ten to eight; and adding to the parking area. A planning report, dated March 3, 2009, and an engineering report, dated March 5, 2009, have been prepared and included with this memo. A car wash stacking diagram and exterior elevations have also been provided in support of the requested amendment. Brixius noted that because of the full kitchen facility within the building the footprint of the building has expanded. Since the increase was made to the main building the number of gas pumps was reduced from 10 pumps to 8 pumps. Brixius pointed out that the canopy area for the pumps was moved easterly to accommodate the expansion of the main building. Brixius shared that signage will be installed to assist with directing patrons through the site. Klecker asked the Council if they had any comments regarding the Albertville Marketplace Planned Unit Development Amendment. Upon hearing no comments, the following motion was made: M:\Public Data\City Council\Council Minutes\2009 Minutes\M 04-06-09 Approved.doc City of Albertville City Council Minutes April 6, 2009 Page 14 of 19 MOTION BY Council member Fay, seconded by Council member Sorensen to approve Resolution No. 2009-004 entitled a Resolution Approving a Planned Unit Development Concept Amendment for a site and building plan review of the expansion of the convenience store at the Albertville Market Place, located in the southeast quadrant ofCSAH 37 and Interstate 94 as presented, 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. Motion carried unanimously Approve Resolution No. 2009-007 entitled Resolution Approving Niemeyer Trailer Sale Addition Final Plat within the City of Albertville City Planner Brixius reminded the Council that Tim Niemeyer has applied to develop the property located at 10172 65th Street NE, in which Rezoning of the property from I-I was approved to PUD/BW, Preliminary Plat was approved, CUP for Trailer Sales with outdoor storage and site and building plans were approved. The applicant has submitted an application for Final Plat, which included a revised landscape plan dated March 12,2009 were included for Council approval. Brixius reported that the Planning and Zoning Commission met and held a public hearing on August 12,2008, to consider the following requests from Niemeyer Properties LLC: a rezoning; a preliminary plat; two conditional use permits; and a site and building plan review. On August 20, 2008, staff met with Mr. Tim Niemeyer to discuss outstanding issues related to the Planning and Zoning Commission and staff review. The following issues were raised in the meeting: Outdoor Sales Versus Outdoor Storage; Parking; and Landscaping. On March 17,2009 and a revised Landscape Plan, dated March 12,2009, for Council's consideration. The Final Plat illustrates a 75 foot right-of-way dedication from the centerline of County Road 37, which is consistent with Wright County requirements. Site access shall be provided via a private street known as Outlot A. Outlot A will remain a private street until such time as the City requests its dedication as a public street to provide access to adjoining properties. The Development Agreement shall outline the terms for said future dedication. The Final Plat illustrates the size and location of all drainage and utility easements, which have been reviewed and approved by the City Engineer. The Final Plat includes three lots and two outlots, all of which meet the B- W District standards. The revised Landscape Plan includes the following changes, which staff is in agreement with: . Replace shrubs along the private street with four 15 foot tall Colorado Spruce. The larger trees will give a more immediate visual impact to the site entrance. . The screening along the south side of the sales area has been changed from three to four foot Black Hills Spruce to a combination of Spruce and taller Pin Oaks. Both trees are taller than the original plantings and will provide immediate screening. M:\Public Data\City Council\Council Minutes\2009 Minutes\M 04-06-09 Approved.doc City of Albertville City Council Minutes April 6, 2009 Page 15 of 19 Klecker asked if the members of the Council had any issues regarding the Final Plat approval for the Niemeyer Trailer Sales. There were no comments from the Council; therefore, the motion below was made: MOTION BY Council member Wagner, seconded by Council member Fay to approve Resolution No. 2009-007 entitled Resolution Approving Niemeyer Trailer Sale Addition Final Plat within the City of Albertville with the updated Landscape Plan as presented, 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. Motion carried unanimously ENGINEERING .Approve to Reduce the Letter of Credit heldfor the Towne Lakes 5th Addition to no less than $25,000, with the following condition: Development is current with all fees and obligations owed to the City MOTION BY Council member Fay, seconded by Council member Sorensen to approve to Reduce the Letter of Credit held for the Towne Lakes 5th Addition to no less than $25,000, with the following condition: Development is current with all fees and obligations owed to the City as presented, 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. Motion carried unanimously Approve Resolution No. 2009-005 entitled a Resolution Accepting Bid for CSAH 3 7 Utility Extension Project City Engineer Nafstad reported that the proposed project consists of extending trunk sewer and water service to the properties located north ofCSAH 37, south of Interstate 94 and lying between 64th Street NE and Kadler Avenue NE. The proposed project includes the addition of a lift station, two utility crossings under CSAH 37, and the addition of sanitary sewer (gravity and pressurized) and watermain. These, along with other related improvements, are necessary to serve the subject properties with municipal sanitary sewer and water. This impetus of this project is the Niemeyer Trailer Sales plat application and the requests of the City by Mr. Niemeyer. This project has been coordinated in conjunction with the proposed Niemeyer Trailer Sales subdivision, which will be the initial user of the sewer and water extensions. Currently it is not know when development of the two parcels adjacent to the Niemeyer plat, which also depend on this extension, will occur. Bids to construct the trunk improvements have been received and were opened on January 14, 2009. A total of sixteen (16) bids were received with proposals ranging from $339,699.55 to M:\Public Data\City Council\Council Minutes\2009 Minutes\M 04-06-09 Approved.doc City of Albertville City Council Minutes April 6, 2009 Page 16 of 19 $418,953.34. Nodland Construction Company, Inc, of Alexandria, Minnesota, submitted the low bid for the project in the amount of $339,699.55. Nafstad reported that it is proposed that the project be funded through a combination of sources. The proposed funding sources and their associated percentages are as follows: Sewer Connection Charges (59.2%); Water Connection Charges (20.6); Niemeyer Trailer Sales (10.5%); City Funds (Sewer Trunk) (9.7%). Nafstad informed the Council that all project costs, including financing, shall be paid through connection charges and/or reimbursed by Niemeyer Trailer Sales. Given the unknown timing of connection charge payment, staff recommends issuing a separate negotiated bond. All of the required Minnesota Statutes 429 Assessment processes have been followed to provide the legal authority to issue a bond for the project. At Mr. Niemeyer's and other property owner's request the City will assess the connection charge and private improvements following issuance of the bond. The City's financial contribution to this project will be limited to the $48,592 for its share of the lift station which will be paid from the Sewer Trunk Fund. Nafstad stated that upon review of the bids and proposed funding with City staff, Mr. Niemeyer has asked the City to proceed with the project and prepare the necessary agreements for him to move forward with his project. If the City and Niemeyer Trailer Sales choose to go forward with the project, based on the bid received, it is recommended that the contract in the amount of$339,699.55 be awarded to Nodland Construction Company, Inc. Upon award, staff will finalize contract documents and proceed with the improvements. MOTION BY Council member Fay, seconded by Council member Sorensen to approve Resolution No. 2009-005 entitled a Resolution Accepting Bid for CSAH 37 Utility Extension Project as presented, 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. Motion carried unanimously Accept the Assistant City Engineer's Progress Report dated March 25, 2009 Nafstad touched very briefly on the Engineer's report, in which he noted that a member from Bolton & Menk, Inc. went to Washington DC promoting the City's 1-94 Project. Nafstad stated there are two bills: Reauthorization Bill and a Transportation Bill. Staff continues to pursue obtaining some of the funds from either one ofthe bills. M:\Public Data\City Council\Council Minutes\2009 Minutes\M 04-06-09 Approved.doc City of Albertville City Council Minutes April 6, 2009 Page 17 of19 LEGAL Approve the Niemeyer Trailer Sales Developer's Agreement dated March 30, 2009 PLANNED UNIT DEVELOPMENT AGREEMENT, NIEMEYER TRAILER SALES; Exhibit I - Easement Agreement City Attorney Couri began by reporting Niemeyer Properties, LLC and Wellerson LLP applied for and received preliminary plat approval for the Niemeyer Trailer Sales plat. Over the last several months City Staff has been working with Tim Niemeyer to wrap up the loose items and put the developer's agreement into final form. That agreement is now on the City Council's agenda for approval at this meeting. The Developer's Agreement is based on the City's standard form and incorporates the conditions set forth in the preliminary plat approval granted by the City last fall. Couri then proceeded to read off the key issues outlined in the Request for Council Action report that was included in the packet. Couri informed the Council that the City will receive park dedication funds and administrative funds with the signing ofthe developer's agreement and the release ofthe plat for recording. All City expenses incurred in processing this plat will be paid by the Developer. The City will incur expenses in installing the trunk and local utilities. While the city will collect a majority of these costs from special assessments levied upon the Niemeyer property, City Staff is unable to predict when the remaining two landowners will develop and pay their share of the trunk charges. The City will carry these costs until the neighboring properties connect to these utilities. Tim Niemeyer of Niemeyer Trailer Sales asked the Council to reconsider the language in Paragraph 16H of the Agreement, which is: 16. Miscellaneous. H. Developer represents to the City that the Subject Property and the proposed use on the Subject Property complies with all City, County, State and Federal laws and regulations, including but not limited to: subdivision ordinances, zoning ordinances, and environmental regulations. Developer agrees to obtain all required federal, state and local permits. If the City reasonably determines that the Subject Property does not comply, the City may, at its option, refuse to allow construction or development work on the Subject Property until Developer so complies. Upon the City's demand in such event, the Developer shall cease work until there is compliance as determined by the City. Niemeyer commented that the process has come a long way to reach this point. It has been 2- years, many hours of negotiating and a substantial amount of funds. After all that it comes down to one (1) paragraph in the Developer's Agreement. Niemeyer had one final request that he knows what all Federal; State; County; and City regulations are met. Niemeyer and staff do not know what rules or regulations that may suddenly arise as he continues to move forward with the M:\Public Data\City Council\Council Minutes\2009 Minutes\M 04-06-09 Approved.doc City of Albertville City Council Minutes April 6, 2009 Page 18 of 19 project. Mr. Niemeyer would like the paragraph to read "to the best ofthe developer's knowledge". Council acknowledged his request, but did not amend the Developer's Agreement. Other Agreements have the same language; therefore, it would be consistent. MOTION BY Council member Wagner, seconded by Council member Fay to the Niemeyer Trailer Sales Developer's Agreement dated March 30,2009 PLANNED UNIT DEVELOPMENT AGREEMENT, NIEMEYER TRAILER SALES; Exhibit 1 - Easement Agreement as presented. Motion carried unanimously. ADMINISTRA nON City Administrator Kruse apologized for not having the 1-94 West Agreement for Final Design ready. Staffis working with SRF to bring this back to a future meeting. ANNOUNCEMENTS and or UPCOMING MEETINGS Mayor Klecker asked the Council to review the upcoming meetings and calendar of events, which there were no comments. April 2009 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. n 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. June 2009 1 7:00 p.m. 8 6:00 p.m. 9 7:00 p.m. 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 City Council meeting STMA Ice Arena Board meeting Planning and Zoning Commission meeting M:\Public Data\City Council\Council Minutes\2009 Minutes\M 04-06-09 Approved.doc City of Albertville City Council Minutes April 6, 2009 Page 19 of 19 June 2009 continued 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. July 2009 2 all day 6 7:00 p.m. 13 6:00 p.m. 14 7:00p.m. 20 7:00 p.m. 26 6:00 p.m. 26 7 :00 p.m. Albertville Friendly City Days Albertville vs. St. Micbael friendly challenge (tentative) Albertville FCD Grande Day Parade City Council meeting Joint Powers Water Board meeting Committee oftbe Wbole Worksbop (tentative) Independence Day observed - City Offices closed City Council meeting STMA Ice Arena Board meeting Planning and Zoning Commission meeting City Council meeting Joint Powers Water Board meeting Committee oftbe Whole Workshop (tentative) CLOSE THE REGULAR COUNCIL MEETING Mayor Klecker closed the regular City Council meeting at 9: 16 p.m. to go into a closed session to receive an update on client privilege information. Mayor Klecker reconvened the regular City Council meeting at 9:39 p.m. ADJOURNMENT TO A COUNCIL WORKSHOP FOLLOWING A FIVE (5) MINUTE RECESS. TOPICS TO INCLUDE FYCC AND STMA ICE ARENA MOTION BY Council member Fay, seconded by Council member Sorensen to go into a Council Workshop to discuss FYCC and the STMA Ice Arena. ADJOURNMENT MOTION BY Council member Wagner, seconded by Council member Sorensen to adjourn the Monday, April 6, 2009 regular City Council meeting and Council Workshop at 10:50 p.m. Motion carried unanimously. ~,~ Bridget Mill , City Clerk (recording secretary) M:\Public Data\City Council\Council Minutes\2009 Minutes\M 04-06-09 Approved.doc Albertville City Council April 6, 2009 Public Attendance Record Page 1 PRINT Name Address City Jane Smith 1325 Any Street NE Albertville John Doe 1295 Your Street NE Annandale 2f-~ rl't. A-\ \p{rhll' ) 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 s s~ )~ J M:\Public Data\City Council\2009 Public Hearing Attendance.doc