2011-03-07 CC Minutes lbertville
ALBERTVILLE CITY COUNCIL
March 7, 2011
MINUTES
ALBERTVILLE CITY HALL 7:00 PM
CALL TO ORDER — PLEDGE OF ALLEGIANCE
The meeting was called to order at 7:00 p.m. followed by the pledge of allegiance.
ROLL CALL
PRESENT: Mayor Mark Meehan, Council members John Vetsch, Jillian Schommer, Larry
Sorensen, and Dan Wagner
STAFF MEMBERS PRESENT: City Planner Alan Brixius, Public Works Supervisor Tim
Guimont, City Attorney Mike Couri, City Administrator Larry Kruse, Finance Director Tina
Lannes, City Clerk Bridget Miller, City Engineer Adam Nafstad, and Building Official /Zoning
Administrator Jon Sutherland
ABSENT: none
RECOGNITIONS — PRESENTATIONS - INTRODUCTIONS — no comments
CITIZEN FORUM
Robert Schwiesow of 5432 Kali Court NE informed the Council that he signed the waiver per the
Council's direction to hold the city harmless for any future problems my dog may encounter.
Another form I was asked to sign was one that notes the installation of the fence. Staff would
like the fence to be installed by April 15. As I explained to the City Administrator, it is unknown
if the frost will be out of the ground by that date. Schwiesow explained that he has rented an
auger to dig holes and wore out the blade. Kruse commented that he discussed with Mr.
Schwiesow that it was not necessary to go to any extreme measures to bore holes in the frozen
ground and that the City would work with him on a time extension, but the intent is to get the
fence up as soon as possible.
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As Schwiesow continued he wanted clarification from the Council what the interpretation is on
City Code 6 -2 -17 E.1. that relates to Private Kennels requirements. According to the City Code
the language reads as follows: Maximum Number of Dogs: The maximum number of dogs that
may be contained in any duly licensed private dog kennel is six (6), provided the following
conditions are met: When the dogs remain outside and not on a leash, they shall remain confined
in a fenced area where the fence acts as a physical barrier (not an electronic fence) that
reasonably restrains the dogs to a confined area.
Mr. Schwiesow explained that he has received conflicting information from staff. One member
stated a fence is required; while the next one feels a fence is not required. Schwiesow wants to
know how the Council interprets the language as to whether a fence is required or not.
City Attorney Couri stated that the initial reading of the language it was understood that a fence
is required. As staff continued to discuss the language, the way the ordinance currently reads I
do not believe that a fence is required if the dogs are kept inside or on a leash in the backyard.
As the discussion continued Council member Vetsch expressed his concern with the date, which
Vetsch agreed that the frost may not be out of the ground to install the fence. Council had
concern with the way the information was dispersed to Mr. Schwiesow with an Affidavit of
Service. City Attorney Couri said the affidavit simply affirms that Mr. Schwiesow received the
information. Mr. Schwiesow then stated he had originally identified the April 15 date.
To conclude with Mr. Schwiesow's request of the interpretation of the City Code, it is clarified
that a fence is required to contain the dogs at any time one or more are outside and not on a leash
and Mr. Schwiesow is encouraged to get the fence in as soon as possible.
AMENDMENTS TO THE AGENDA
Mayor Meehan asked if there were any amendments to the agenda, which there were no
amendments.
CMs Wagner /Sorensen motioned to approve the Monday, March 7, 2011 agenda as presented.
Motion carried.
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.
There were two (2) items listed on the Consent Agenda: 7.17.3. Finance - Approve Resolution
No. 2011 -005 entitled a Resolution Approving the Issuance of General Obligation Utility
Revenue Bonds, Series 2011A authorize sale of the 2011A; and, Resolution No. 2011 -006
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entitled a Resolution approving the issuance of General Obligation Improvement Refunding
Bonds; Series 2011B; and, 7.K.2. Administration - Amend the Carlson Building Services
Maintenance Contract as presented.
CMs Wagner /Sorensen motioned to approve the two (2) items listed on the Consent Agenda:
8.F.3. Finance - Approve Resolution No. 201.1 -005 entitled a Resolution Approving the Issuance
of General Obligation Utility Revenue Bonds, Series 2011 A authorize sale of the 2011A; and,
Resolution No. 2011 -006 entitled a Resolution approving the issuance of General Obligation
Improvement Refunding Bonds; Series 2011 B; and, 7.K.2. Administration - Amend the Carlson
Building Services Maintenance Contract as presented. Motion carried.
DEPARTMENT BUSINESS
BUILDING DEPARTMENT
Accept the Building Official's January 2011 Report
Building Official /Zoning Administrator Sutherland began by reporting the City Hall skylight has
been repaired. It took some coordination of inspections and a number of meetings/
correspondence to figure out what or where the problem was. Staff wanted to keep the City
Attorney in the loop of the problems should an issue or additional problems occur. Sutherland
awaits the March and April weather to pass for a true test.
Sutherland continued by reporting that construction activity in January was normal other than no
new dwellings. Planning and Zoning — December was a busy month with various issues such as
assisting a resident and a contractor resolve a dispute, working with realtors on vacant property
registration or code enforcement issues, guiding the owner of Space Alien's with additional
signage for the building, among other commercial tenant projects throughout Albertville.
Sutherland concluded by asking the Council if they had any questions or comments for him.
There were no additional comments from the Council members.
CITY COUNCIL
Oral Update on the Joint Powers Water Board meeting
Council member Vetsch reported that Joint Powers, Veolia, is testing Well No. 9 at this time to
make sure things are working or functioning appropriately. Veolia will need to test for a
minimum of 6 months up to a year. Joint Powers ( Veolia) is tentatively scheduled to begin using
Well No. 9 in 2012.
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FINANCE DEPARTMENT
Authorize the Monday, March 7, 2011 Payment of Claims (bills)
CMs Vetsch/Sorensen motioned to authorize the Monday, March 7, 2011 Payment of Claims
(bills) for check numbers 029482 to 029.532 in the total amount of $94,682.25 as presented, that
will be 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 Report
Finance Director Lannes reported the outstanding accounts receivable as of February 28 total
$171,314. The percentage breakdown is: 0 -30 days 43.36 %; 30 -60 days 1.28 %; and, over 90
days 55.36 %. Lannes stated the majority of accounts receivable over 90 days are due to Great
West Casualty and the Schuett Group.
Lannes asked if there were any questions or concerns regarding the accounts receivable.
Approve Resolutions No. 2011 -005 entitled a Resolution Approving the Issuance of General
Obligation Utility Revenue Bonds, Series 2011A authorize sale of the 2011A; and, Resolution
No. 2011 -006 entitled a Resolution approving the issuance of General Obligation Improvement
Refunding Bonds; Series 2011 B (these items were on the Consent Agenda)
CMs Wagner /Sorensen motioned Resolution No. 201.1 -005 entitled a Resolution Approving the
Issuance of General Obligation Utility Revenue Bonds, Series 2011A authorize sale of the
2011A.
CMs Wagner /Sorensen motioned Resolution No. 2011 -006 entitled a Resolution approving the
issuance of General Obligation Improvement Refunding Bonds; Series 2011B.
CITY CLERK
Approve the Tuesday, February 22, 2011 regular City Council minutes
Council member Sorensen asked if the Council will see the minutes from the February 28, 2011
Special Council meeting and the February 28, 2011 joint City of Otsego and City of Albertville
Council meeting. Administrator Kruse reported the City of Otsego will prepare the minutes and
Kruse will have the Special minutes ready for the next meeting.
CMs Sorensen/Wagner motioned to approve the Monday, February 7, 2011 regular Council
minutes as amended changing it from Council member Wagner to Council member Sorensen
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who asked about check no. 029417 of the minutes, the signed copy will be scanned and retained
as the official City record. Motion carried unanimously.
PLANNING
Approve Ordinance No. 2011 -005 and Resolution No. 2011 -008 for the Particle Control to
consider rezoning their property at 6062 Lambert Avenue NE Albertville, MNfrom B -3,
Highway Commercial District to Planned Unit Development (PUD) and to consider site and
building plans for the placement of silos on this site
City Planner Brixius reported that Bill and Carol Arns met with staff regarding constructing two
(2) silos on the property. Staff reviewed the site and building plan recommending Mr. & Mrs.
Arns proceed by submitting a Development Review Application requesting to rezone the
property and ask for site and building plan approval that would identify where the silos would be
placed.
A Public Hearing Notice was published and at the February 8, 2011 Planning and Zoning
Commission meeting staff presented the request to rezone the property from B -3, Highway
Commercial District to a Planned Unit Development (PUD) to define the range of appropriate
land uses and development performance standards unique to the proposed property. In addition
to rezoning, the Commission reviewed the site and building plan that included the construction
of up to two (2) dry storage silos within the site to accommodate a new customer that requires
the handling of bulk materials. The Planning and Zoning Commission held the public hearing
and heard public comment.
Brixius pointed out that Particle Control exists as a legal non - conforming industrial use within
the current B -3, Highway Commercial Zoning. Without the zoning change, the placement of
two (2) storage silos on the site cannot be permitted. The proposed zoning change to a PUD,
allows the City and the owner the ability to preserve the long range commercial redevelopment
goals, while making accommodations to continue operation and growth on the site.
Following the public comment and review, the Planning and Zoning Commission is
recommending approval of the rezoning request for the Particle Control property from B -3,
Highway Commercial District to a PUD subject to the conditions outlined in Ordinance No.
2001 -005:
SECTION 1. The Albertville Zoning Map shall be amended, relating to property legally
described as:
Lots 1, 2, 3, 4, and 5 in Block D; Lots 5, 6, 7, 8, and 9 in Block B; all in the
Townsite of Hamburg (now Albertville), according to the plat on file and of
record in the office of the Register of Deeds, in and for the County of Wright,
State of Minnesota, subject to highway easements including extinguishment of
access from Lots 1, 2, 3, 4, and 5 in Block D to and from Interstate Highway No.
94. Also vacated Second Street lying between said Blocks B & D, except that
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part of the south half of vacated Second Street lying north of and adjacent to Lot
10 of said Block B.
And
Lot 10 of Block `B" in the Townsite of Hamburg, (now Albertville), according to
the plat on file and of record in the Office of the County Recorder, in and for the
County of Wright, State of Minnesota. Also that part of the vacated Second
Street lying between Blocks B and D, being the South Half thereof, adjoining Lot
10, Block B, in the Town site of Albertville on the north side.
SECTION 2. The lot shall be rezoned from B -3, Highway Commercial District, to PUD,
Planned Unit Development District, in order for the City to define the range of appropriate land
uses and development performance standards unique to the property, subject to the following
conditions:
1. Land uses shall be limited to all permitted, conditional, and accessory uses allowed
within the B =3 Zoning District. Any change of use from existing conditions shall be
processed through the appropriate development applications called for by the
Albertville Zoning Ordinance.
2. Land uses shall be limited to industrial processing of dry food ingredients limited to
milling, blending, air classifying, screening, packaging, warehousing, and storage per
the approved site plan received December 2010 (see Exhibit A) shall be allowed on
the site.
3. All new development and any further expansion of the existing building shall comply
with the following setbacks:
a. Front Yard: 35 feet.
b. Side Yard: 20 feet or 35 feet where abutting an "R" District.
c. Rear Yard: 20 feet or 35 feet where abutting an "R" District.
4. All buildings shall not exceed 35 feet in height. This will limit the silo height to
existing standards.
5. Any and all permitted, conditional, and accessory uses allowed within the B -3 Zoning
District shall meet the architectural standards of Section 4400.8 of the Albertville
Zoning Ordinance.
6. Industrial processing of dry food ingredients buildings may have a metal exterior
finish provided the color of any new building or structure matches the color and
design of the principal building.
Council member Schommer commented that the silo(s) will be 35 -feet in height, Schommer
wanted to know what other structures on the site are the same height. Brixius demonstrated to
Schommer other parts of the building that is 35 -feet in height to give her a better idea of the
height limit.
Brixius /Sutherland shared the second portion of the approval process is the site and building plan
review. The Planning and Zoning Commission members expressed a concern with the hours of
operation. Bill Arns informed the commission that the hours of operation will remain the same.
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There will be no additional noise or odor from the process of the dry storage containers. Arns
stated that there have been minimal amounts of dust coming from the plant into the surrounding
areas.
To summarize, Brixius stated that the Planning and Zoning Commission members reviewed the
request, took public comment, and are recommending approval of Ordinance No. 2011 -005 to
Rezone the property to a Planned Unit Development and approving Resolution No. 2011 -008 for
the placement of up to two (2) silos on the property with a height restriction of 35 -feet with no
additional signage on the silos.
CMs Schommer /Sorensen motioned to approve Ordinance No. 2011 -005 entitled an Ordinance
Amending the Official Zoning Map of the City of Albertville Relating to the Particle Control
Property located at 6062 Lambert Street NE in the City of Albertville. Motion carried.
M Meehan/CM Schommer motioned to approve Resolution. No. 2011 -008 entitled a Resolution
Approving a Site and Building Plan Review for Particle Control located at 6062 Lambert Street
NE within the City of Albertville. Motion carried.
ENGINEERING
City Engineer Presenting an I -94 Ramp Schedule
City Engineer Nafstad gave a brief presentation on the I -94 Ramp Schedule. Included in the
schedule it appeared ordering the improvement and awarding the bid would take place sometime
in June 2011 with construction or beginning on the project in July- August 2011.
Council member Sorensen thought that is rather late in the season to begin road construction and
would encourage the City and staff to do their best to move the dates up or approve /award the
bids as soon as possible.
Adopt Resolution No. 2011 -007 entitled a Resolution Ordering Preparation of a Report on
Improvement of Interstate 94 Access at CSAH19 by the Addition of a Westbound Collector -
Distributor Interchange Connection Between CSAH 37 and CSAH 19 and to contract with
Bolton and Menk, Inc. to complete the Feasibility Study on an hourly basis not to exceed $3,800
with funds account for in the I -94 Capital Project Account
Mayor Meehan allowed an additional moment for Council members to express their comments
regarding the 1 -94 Ramp Improvement. Then entertained a motion to approve Resolution No.
2011 -007 relating to Ordering Preparation of a Report and to contact with Bolton and Menk, inc.
to complete a Feasibility Study at a cost not to exceed $3,800.
CMs Schommer /Sorensen motioned to approve Resolution No. 2011 -007 entitled a Resolution
Ordering Preparation of a Report on Improvement of Interstate 94 Access at CSAH 19 by the
Addition of a Westbound Collector- Distributor Interchange Connection Between CSAH 37 and
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CSAH 19 and to contract with Bolton and Menk, Inc. to complete the Feasibility Study on an
hourly basis not to exceed $3,800 with funds account for in the I -94 Capital Project Account as
presented. Motion carried.
Approve to amend the professional service contract amount with SRF Consulting from $369,066
to $398, 766 for the final design of the I -94 WB CD Road and to include preparing the bidding
documents, preparing a design memorandum, and miscellaneous plan revisions to accommodate
different funding sources
City Engineer Nafstad reported that over the course of the I -94 Project SEH created a number of
designs. The Council reviewed the various options and finalized the I -94 Ramp Project Design
that was approved by the City Council. Per the March 16, 2009 minutes Kruse shared the
following comments: 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 I -94 Collector Distributor Road Final Design. WSB, SRF, and
SEH were the three (3) entities that submitted proposals to complete the I -94 Collector
Distributor Road Final Design.
City Administrator Kruse touched on the history of the financing for the I -94 Project, which staff
anticipates funding the I -94 Final Design via an Inter -Loan Fund. In the past, the City was
Levying $100,000 towards I -94 Ramp Improvements, which the amount was lowered to $80,000
in 2009. Approximately $40,000 of the $80,000 in 2009 dollars were dedicated towards lobbying
our Congressional Delegation to fund the 1 -94 Project. The balance of unused funds can be
dedicated towards repaying the Inter -Loan Fund for final design. In the future, staff recommends
the City dedicate up to $100,000 per year for repayment of the I -94 Final Design Inter -Loan
Fund.
City Engineer Nafstad continued by stating SRF was the Engineering Firm that was awarded the
bid to complete the Final I -94 Westbound Collector Distributor Road Design. It has been a
couple of years since the approval and the State of Minnesota Standards have been amended;
therefore, alterations need to be made to the I -94 Designs in order to meet the current regulation
standards.
Nafstad added that in accordance with Minnesota State Statute Chapter 429 dealing with
Assessment requirements, the City Engineer is required to complete a Feasibility Study.
Information to gather to complete the Feasibility Study is: proposed improvement, the cost of
those improvements, a possible assessment and project schedule, the necessity and feasibility of
the project, and the method by which the project can be accomplished. The Feasibility Study
will include exhibits depicting the proposed improvements and benefiting properties, an itemized
engineer's estimate of the project costs, and will describe the funding sources available to the
project.
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Council member Vetsch and Wagner commented in regards to the increase in the amount it will
cost for the project. Will any of the current funds for the project be allocated towards the
amended plans that will be submitted to the State.
Staff noted the amounts that have been paid will be applied towards the revised will be included
in the capital project expenses.
CMs Sorensen/Schommer motioned to approve the amendment to the professional service
contract amount with SRF Consulting from $369,066 to $398,766 for the final design of the I -94
WB CD Road and to include preparing the bidding documents, preparing a design memorandum,
and miscellaneous plan revisions to accommodate different funding sources per staff's
recommendation. Motion carried.
LEGAL
Accept the City Attorney's Report
City Attorney Couri did not have any updates on the items; therefore, asked the Council if they
had any questions or concerns regarding the report.
ADMINISTRATION
Administrator's Oral Update
City Administrator Kruse gave a brief oral update on the status of projects, which the I -94 was
already discussed earlier.
Amend the Carlson Building Services Maintenance Contract (this item was on the Consent
Agenda)
CMs Sorensen/Wagner motioned to approve amending the 2011 Carlson Building Services
Maintenance Agreement from $520 per month to $562 per month ( +$42) reflecting additional
cleaning of the Fire Hall garage floor effective March 1, 2011. Motion carried.
ANNOUNCEMENTS and or UPCOMING MEETINGS
Council member Sorensen noticed the March 10 Law Enforcement item was not listed. It is
something the Council is supposed to attend. Staff shared it was an ongoing monthly meeting
that is held at the new Wright County Sheriff's Dept., which the Albertville City Council was
invited to attend.
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Meeting Date: March 21, 2011
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March 201.1
8 7:00 p.m. Planning and Zoning Commission meeting (canceled)
10 5:00 p.m. Live Wright Grant Open House
14 6:00 p.m. STMA Ice Arena Board meeting
21 7:00 p.m. City Council meeting
28 6:00 p.m. Joint Powers Water Board meeting
Su M Tu W Th F Sa Su M Tu W Th F Sa
1 2 3 4 5 1 2
6` Fit 8 9 10 11 12 3 ,h 5 6 7 8 9
13 ";'; 16 17 18 19 10"1 ! 13 14 15 16
20 22 23 24 25 26 17 U . 19 20 21 22 23
27 29 30 31 24 26 27 28 29 30
April 2011
4 7:00 p.m. City Council meeting
9 8:00 a.m. 2011 Albertville Spring Town Hall Open. House
11 6:00 p.m. STMA Ice Arena Board meeting
12 7:00 p.m. Planning and Zoning Commission meeting
18 7:00 p.m. City Council meeting
21 tbd p.m. Joint Cities of Albertville /St. Michael with
Wright County Commissioners meeting
(St. Michael City Hall)
25 6:00 p.m. Joint Powers Water Board meeting
30 7:00 a.m. Joint Albertville -St. Michael Spring Clean -up Day
(held at the St. Michael PW Facility)
28 6:00 p.m. Joint Powers Water Board meeting
ADJOURNMENT
CMs Sorensen/Wagner motioned to adjourn the Monday, March 7, 2011 regular City Council
meeting at 8:24 p.m. Motion carried unanimously.
f f � L_'
DA j Bridget Miller, C' Clerk (recording secretary)
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Meeting Date: March 21, 2011
Albertville City Council
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March 7, 2011
Public Attendance Record
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