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2011-11-07 CC Minutes A'� Ibcrtvi lle gnmm Taum lMW to aty Ufa. ALBERTVILLE CITY COUNCIL November 7, 2011 MINUTES ALBERTVILLE CITY HALL 7:00 PM CALL TO ORDER — PLEDGE OF ALLEGIANCE The meeting was called to order at 7:02 p.m. followed by the Pledge of Allegiance. ROLL CALL MEMBERS PRESENT: Mayor Mark Meehan, Council members Jillian Schommer, Larry Sorensen, John Vetsch, and Dan Wagner STAFF MEMBERS PRESENT: City Attorney Mike Couri, City Administrator Larry Kruse, Finance Director Tina Lannes, City Clerk Bridget Miller, and City Engineer Adam Nafstad ABSENT: none RECOGNITIONS — PRESENTATIONS — INTRODUCTIONS Mayor Meehan acknowledged that Friday, November 11 is observed as Veteran's Day. He asked the Council, staff, and the general public to take a few moments of silence to recognize the veterans that have lost their lives fighting in a war and to pay tribute to those who have survived and to thank those that are currently serving in a war. CITIZEN FORUM Mayor Meehan noted there were members in the audience from the Karston Cove 3 Townhouse Association. The item is on the agenda; however, Meehan allowed City Attorney Couri to report on the agenda item at this time. City Attorney Couri asked to report on the Karston Cove 3 Addition agenda item at this time. Couri stated that the interpretation of the Homeowners Association dues on the vacant lots differed according to the Mn State Statute. Couri shared that it is when the vacant lot(s) has(ve) MAPublic Data \City Council \Council Minutes\201 1 Minutes\M 11 -07 -2011 approved (bm).doc City of Albertville City Council Minutes November 7, 2011 Page 2 of 11 a completed structure that meet(s) the State's, County's, and City's standards, in which a Certificate of Occupancy has been issued is when the Homeowner's Association dues are payable. Couri continued with the fact that because of the down turn in the real estate market, the remaining lots on the southern portion of the Karston Cove 3 rd Addition remain vacant. The Homeowner's Association was counting on the dues from these completed townhomes, which is a hardship on the current property owners in the development. Couri noted that City staff has received a letter from the Karston Cove 3 rd Addition Homeowner's Association regarding the proposal of allowing the current developer to change Block 2 of the Karston Cove 3 rd Addition back to an outlot. In summary, Couri reported the `Discussion of the Karston Cove 3 rd Addition — Conditional Second Amendment' agenda item will be on the next regular City Council meeting, which is set for Monday, November 21, 2011. AMENDMENTS TO THE AGENDA Mayor Meehan asked if there were any changes or additions to the agenda. City Administrator Kruse added an item under Fire Department — Discussion of City Employees serving as Fire Truck drivers only; City Attorney Couri pulled the Discussion of the Karston Cove 3 rd Addition — Conditional Second Amendment; and, added Discussion of Prairie Run Lots in the process of being placed on a Tax - forfeit in 2012; Meehan added an item under Administrator — Discussion or Consideration of Researching the Cost - Savings of Contracting Services for maintenance such as snow removal on sidewalks- trails and potential mowing. CMs Sorensen/Schommer motioned to approve Monday, November 7, 2011 agenda as prepared and amended by pulling item 7.J.1. Approve the Karston Cove 3 rd Addition — Conditional Second Amendment to the Conditional Use Permit /Planned Unit Development (CUP/PUD; adding the following items 7.13.1. City Employees serving as Fire Department daytime responders driving the vehicles only, 7.F.2. Finance — Set a Date for a Workshop, 7.J.3. Prairie Run Single - family lots consideration of purchasing, 7.K.1. City snowplowing versus contracting out the service for sidewalks - trails. Motion carried unanimously. CONSENT AGENDA All items under the Consent Agenda are considered to be routine by the City staff and will be enacted by one motion. In the event an item is pulled it will be discussed in the order it is listed on the Consent agenda following the approval of the remaining Consent items. These items will be approved by a separate motion. A. Approve the Monday, October 17, 2011 regular City Council minutes MAPublic Data \City Council \Council Minutes\2011 Minutes\M 11 -07 -2011 approved (bm).doc City of Albertville City Council Minutes November 7, 2011 Page 3 of 11 B. Approve Resolution No. 2011 -031 entitled a Resolution Transferring the Albertville Lions Pull -tab to the STMA Youth Hockey Association C. Authorize the Monday, November 7, 2011 payment of claims that includes electronic payments 258 EFT — 264 EFT and check numbers 30361 to 30419 D. Acknowledge /accept Finance Director's Accounts Receivable Report and Finance Director's 20113 d Quarter to date Report E. Award the Low Quote /Bid to Braun Construction to Re -side the formerly known City Hall located at 5975 Main Avenue NE F. Acknowledge /accept the Utilities Department Superintendent's Written Report G. Approve Resolution No. 2011 -033 entitled a Resolution Approving Agency Agreement No. 99998 entitled "State of Minnesota Agency Agreement Between the Department of Transportation (MnDOT) and the City of Albertville for Federal Participation in Construction ", and authorizing staff to execute said agreement H. Authorizing the City Engineer to survey Ditch No. 9 between CSAH 18 and Kagan Avenue NE in the Albert Villas neighbor at a cost not -to- exceed $6,500 I. Acknowledge /accept City Attorney's Written Report J. Acknowledge the October 2011 STMA Arena Board minutes K. Acknowledge the September 2011 Joint Powers Water Board minutes L. Acknowledge extract of October 2011 Planning & Zoning Commission minutes M. Acknowledge /accept City Engineer's Project Status Report CMs Wagner /Sorensen motioned to approve Consent Agenda items as listed above as presented and prepared. Motion carried unanimously. DEPARTMENT BUSINESS CITY COUNCIL No comments FIRE DEPARTMENT Public Works -Parks Maintenance Department and or Utilities Department Employees serving as Daytime Firefighter Responders City Administrator Kruse reported that the current Albertville Fire Department is having a difficult time obtaining citizens that are available to serve as Daytime Responders to emergencies. On Friday, November 4, members of the Public Works -Parks Maintenance Department met with Assistant Fire Chief Eull to discuss some options. One consideration that came up was the thought of City employees helping out by driving the vehicles /trucks to the site and manning the pumps. The employees would not be fighting fires, but would receive basic training on the equipment and other ways they could help. M:\Public Data \City Council \Council Minutes \2011 Minutes\M 11 -07 -2011 approved (bm).doc City of Albertville City Council Minutes November 7, 2011 Page 4 of 11 Administrator Kruse continued that the employees would only respond if it was allowable. If the employees are on a City project that they can't leave in the middle, the employees would finish the job. Council member Sorensen shared the need for daytime help at the last Fire Department meeting. The thought of City employees helping out was previously discussed and has come back for re- evaluation. The City employees would be responsible for manning the vehicle /truck and the pump only. As Kruse stated, the employee would not be going in and fighting the fire. CMs Sorensen/Schommer motioned to authorize Public Works -Parks Maintenance Department and Utilities Department staff on a trial basis to assist the Albertville Fire Department in the capacity as Daytime Emergency Responders on a restricted/limited way by driving the fire truck and manning the pump. Motion carried unanimously. PUBLIC WORKS -PARKS DEPARTMENT No comments UTILITIES DEPARTMENT (WWTP) No comments BUILDING DEPARTMENT No comments FINANCE DEPARTMENT Approve Resolution No. 2011 -032 entitled a Resolution Certifying Outstanding Utility Bills, Invoices, and other Charges for Services Finance Director Lannes reported that the City certifies any outstanding utility bill, invoice, or other charges from residents that have not been paid. Lannes opened up the discussion to any member disputing the charges for services. Lannes noted there were no citizens present to challenge their outstanding amount due to the City. Lannes asked the Council to make a motion approving Resolution No. 2011 -032 that - included the list, as of November 2, 2011, of property owners with outstanding bills. Lannes WPublic Data \City Council \Council Minutes \201 l Minutes\M 11 -07 -2011 approved (bm).doc City of Albertville City Council Minutes November 7, 2011 Page 5ofII shared that only those outstanding amounts as of November 21 will be submitted to the County as the Final list for recording purposes with the Resolution. CMs Schommer / Vetsch motioned to approve Resolution No. 2011 -032 entitled a Resolution Certifying Outstanding Utility Bills, Invoices, and other Charges for Services. Council members Schommer, Vetsch, Sorensen, and Wagner voted aye. Mayor Meehan voted nay. Motion carried. Set date for a Workshop to go over the GSAB34 Updates Finance Director Lannes stated that she has received information from the State pertaining to the GSAB34 reporting. Lannes asked the Council to set a date to review the steps required by the City to implement the GSAB34 reporting. CMs Wagner /Sorensen motioned to set Monday, December 12, 2011 beginning at 6:30 p.m. or soon thereafter for a workshop for the purpose of reviewing the GSAB34 Updates and to go over what the necessary steps are to meet the State's requirements for implementation. Motion carried unanimously. CITY CLERK No comments PLANNING AND ZONING No comments ENGINEERING Approve the REIMBURSEMENT AGREEMENT by and between AT &T Corp., on behalf of itself and its affiliated companies and the City of Albertville; and authorizing staff to execute said agreement City Engineer Nafstad began by explaining AT &T Corporation has cables buried along 1 -94 in the area where the West Bound Collector Distributor Road Improvements will be constructed. It is necessary to relocate the buried cables that are associated and managed by AT &T Corporation because the lines will be adversely impacted by the City's proposed construction project along I- 94. M:Tublic Data \City Council \Council Minutes\2011 Minutes\M 11 -07 -2011 approved (bm).doc City of Albertville City Council Minutes November 7, 2011 Page 6 of 11 Nafstad continued by stating the AT &T Corporation buried lines are eligible for relocation reimbursement according to MnDOT's standards known as Connect Minnesota Line. The Reimbursement Agreement normally would be executed after the award of the construction contract. It is being recommended to enter into this agreement now to prevent road work delay in spring 2012 to complete the relocation work of these utilities. Nafstad shared that the relocation of the utilities will happen depending on the upcoming weather conditions. Nafstad reported that the sooner the agreement can be executed the sooner AT &T Corporation can schedule the project and order materials. In summary, Nafstad reported the estimated cost for the Reimbursement Agreement to relocate AT &T Corporation buried lines is $113,460. Nafstad hit on the three (3) key issues, which are: the utilities need to be relocated to complete the I -94 WBCD Road Project; the cost of the relocation is estimated to be $113,460 that is included in the estimate of the project; and the agreement identifies the roles and responsibilities of each party and commits Albertville to paying AT &T Corporation the full amount prior to work commencing. Mayor Meehan asked staff to provide additional information or more specifications for the request. Nafstad had no problems getting more information to Meehan related to the project. There was comment about the material if it was rock or other substance. It is unknown at this time. Council member Wagner wanted to know if the relocation of the utilities takes into account the City's I -94 Phase II, which would be the East Bound Collector Distributor Road Improvement. Nafstad reassured Wagner that the location of the utilities on the south side of I -94 will be placed so there will be no interference with the City's I -94 Phase Il. Nafstad reiterated that these utilities would eventually need to be relocated; this simply moves the project up on the schedule. The advantage with the City entering into the Reimbursement Agreement is that the City will be in control of where the fiber optics lines will be relocated to make sure they are within the MnDOT right -of -way but will not interfere with the City's 1 -94 Ramp Improvement Project for either the West or East Bound Collector Distributor Roadways. After reviewing, listening to staff s report, and discussing the outcomes, Council made the following motion related towards entering into the Agreement with AT &T Corporation. CMs Schommer /Wagner motioned to approve entering into the Reimbursement Agreement by and between AT &T Corporation on behalf of itself and its affiliated companies and the City of Albertville; and authorizing staff to execute said agreement. Mayor Meehan, Council members Schommer, Wagner, and Sorensen voted aye. Council member Vetsch voted nay. Motion carried. LEGAL M:\Public Data \City Council \Council Minutes \2011 Minutes\M 11 -07 -2011 approved (bm).doc City of Albertville City Council Minutes November 7, 2011 Page 7 of 11 Approve the Karston Cove 3.d Addition - Conditional Second Amendment to the Conditional Use Permit /Planned Unit Development (CUP /PUD) Development Agreement — continued See comments above in reference to this agenda item. Approve Ordinance No. 2011 -010 entitled an Ordinance Establishing a Permit for use of Stormwater Detention Pond Water for Irrigation Purposes City Attorney Couri reported that earlier this year the City received an inquiry from a resident asking if there is a possibility to use water stored in a City stormwater pond for lawn irrigation. Couri researched and stated there are several other cities within Minnesota that have recently adopted an Ordinance that would allow the use of pond water for the purpose of irrigation as an environmentally - friendly practice. The benefit would be using the stormwater pond water during dry periods of the summer and reducing the amount coming from the water tower. Couri stated the City Engineer has reviewed the request from the resident and feels the use of pond water for irrigation has no drawbacks associated with it from the City's point of view. As stated above with additional comments, the more stormwater ponds are used for irrigation in an environmentally - friendly practice the less water that will be flowing through the ditches. City Engineer recommended limiting the amount of water taken from the stormwater pond to avoid completely draining it. The stormwater pond level should be limited to a drawdown level of one (1) foot below the normal water level for the pond, prohibiting connection to the City's water system, and allowing the City to place additional restrictions on the use of the water from time - to -time. The amendment to the 2005 Albertville City Code by approving Ordinance No. 2011 -010 is a minimal expense to incorporate. Staff is recommending the resident to complete and submit an application for a License that would authorize the property owner to use the stormwater pond water for the purpose of irrigating his lawn. The fee associated with the License will be a one- time cost that is set by resolution with the initial amount set at $125.00. The application will be reviewed, approved, and issued by the Building Official /Inspector and can be revoked by the City at a later date. Council had a concern with the stormwater pond being drained below the restricted amount and making sure the water will be used for the purpose of irrigating the lawn. Other issues deal with the watering restrictions, which authorizing the use of the stormwater the resident would possibly be allowed to water on every day. This could potentially create surrounding neighbors to think they can water any day or call into Joint Powers Water Board to report the resident who is watering the lawn on the opposite day they are allowed. CMs Wagner /Sorensen motioned to approve Ordinance No. 2011 -010 entitled an Ordinance Establishing a License for the use of Stormwater Detention Pond Water for Irrigation Purposes MAPublic Data \City Council \Council Minutes \2011 Minutes \M 11 -07 -2011 approved (bm).doc City of Albertville City Council Minutes November 7, 2011 Page 8of11 that includes and is not limited to the restriction of limiting the drawdown of water, prohibiting the connection to the City's water system, and allowing the City to place additional restrictions on the use of the water from time -to -time. Mayor Meehan and Council members Wagner, Sorensen, and Vetsch voted aye. Council member Schommer voted nay. Motion carried. Prairie Run Single-family lots consideration of purchasing City Attorney Couri brought to the Council's attention there are a number of vacant single - family lots in the Prairie Run Addition that have the potential of appearing on the tax forfeited list in 2012. Couri noted there are Special Assessments on a number of the lots that are fees outstanding to the City. Couri explained these are formerly owned by Alpine Homes, which staff has been in contact with the owner to negotiate entering into a deed to take over the vacant lots free of charge. Couri noted this is in the best interest of the City to get the property prior to them showing up on the tax forfeited list and another business owner obtaining them. Another factor to consider is if the City obtains the lots now will avoid the difficulty getting the rights or the title to the property. As it stands now the property title isn't clear on about seventeen (17) of the lots, which having the City enter into a deed to take over staff would have a better chance at cleaning up the title at a cost estimated at $28,000. Mayor Meehan asked what the total Special Assessment is for these properties, which both Couri and Lannes confirmed it is around $409,000. Meehan asked if the Council had any other questions regarding the consideration of purchasing the Prairie Run single - family lots, if not, Meehan looked to the Council for a motion advising or directing staff how to proceed. CMs Schommer /Sorensen motioned to authorize staff to acquire a Deed from Alpine Homes for fifteen (15) townhomes and two (2) single - family homes at no charge that have delinquent Special Assessments in the Prairie Run Addition. Motion carried unanimously. ADMINISTRATION City snowplowing versus contracting out the service for trails Mayor Meehan brought up the subject of the City considering contracting out snow removal service on the trails and possibly sidewalks within the Albertville city limits. Meehan understands that the PW employees plow the streets and roadways but was wondering about the trails and sidewalks in the community. Meehan looked to the Council for their thoughts of hiring a private firm to help remove the snow on the trails or sidewalks only if it is a cost - savings for the City. M:\Public Data \City Council \Council Minutes \2011 Minutes\M 11 -07 -2011 approved (bm).doc City of Albertville City Council Minutes November 7, 2011 Page 9ofII City Administrator Kruse explained that staff does plow Safe School Route areas already. When the streets and roadways have been cleared, the PW employees begin addressing the trails or sidewalks. Kruse reminded the Council PW employees take two (2) passes when plowing the streets, which takes time if you are plowing and the snow is still coming down. Kruse shared that according to the Albertville City Code, residents that have a sidewalk or trail that is located on their property are supposed to maintain it and that would include and not be limited to removing the snow. Council directed Kruse to have staff prepare a cost analysis of plowing trails or sidewalks to take into account wear and tear on equipment, potential over -time, and other expenses. If time allows find out how much a few private businesses charge for snow plowing to compare with. ANNOUNCEMENTS and or UPCOMING MEETINGS Mayor Meehan observed there are a number of meetings coming up. Council member Wagner wanted clarification on the tentative joint meeting that was scheduled for Monday, October 31. Staff stated the meeting was canceled due to lack of a quorum. Meehan brought up the Joint Powers Water Board meeting that was recently held with the majority of the meeting going over and dealing with the 2012 Budget. Novemb 2011 8 7:00 p.m. Planning and Zoning Commission meeting- cancelled 10 all dac Veteran's Day observed — City offices closed 1I all day Veteran's Bay observed — PW -UB closed 14 6:00 p.m. STMA Ice Arena Board meeting 21 7:00 p.m. City Council meeting 24 all day Thanksgiving Day observed — City offices closed 25 all day Friday after Thanksgiving — PW -tiD closed 28 6:00 p.m. Joint Powers Water Board meeting IN ;,. Su M Tu W Th F Sa 1 2 3 4 5 Nip All 6�� „8 9 11 12 13 ' 15 16 17 18 19 0 01 20 1 29 22 23 25 26 27 30 M:\Public Data\City Council \Council Minutes \2011 Minutes\M 11 -07 -2011 approved (bm).doc City of Albertville City Council Minutes November 7, 2011 Page 10 of 11 December 2011 5 7:00 p.m. City Council meeting 12 6:00 p.m. STMA Ice Arena Board meeting 13 7:00 p.m. Planning and Zoning Commission meeting 19 7:00 p.m. City Council meeting 26 all day Christmas Day observed — City offices closed 27 6:00 p.m. Joint Powers Water Board meeting NI Su M Tu W Th F Sa 1 2 3 4 " 6 7 8 9 10 11 'ce 12 21:!! ` p " 141 15 16 17 18 " ''� 20 21 22 23 24 I 25 il'h 27 28 29 30 31 JANUARY 2012 3cxxis Fa4ar4sxirxx3 x �xxis kx Eaarxasic 2 all day New b'ear's Day observed — City offices closed 3 7:00 p.m. City Council meeting 9 6:00 p.m. STMA Ice Arena Board meeting 10 7:00 p.m. Planning and Zoning Commission meeting 16 all day Martin Luther King, Jr. Day observed City offices closed 17 7:00 p.m. City Council meeting 23 6:00 p.m. Joint Powers Water Board meeting ix or Su M Tu W Th F Sa 4 5 6 7 8 1 r 'I E 11 12 13 14 15 ��� ' "` 18 19 20 21 22 24 25 26 28 29 30 31 MAPublic Data\City Council \Council Minutes \2011 Minutes\M 11 -07 -2011 approved (bm).doc City of Albertville City Council Minutes November 7, 2011 Page 11 of 11 ADJOURN CMs Schommer /Sorensen motioned to adjourn the Monday, November 7, 2011 regular City Council meeting at 8:01 p.m. Motion carried unanimously. 1 4M . Bridget Miller, y Clerk recording secretary) WPublic Data \City Council \Council Minutes\2011 Minutes\M 11 -07 -2011 approved (bm).doc Albertville City Council Albertville Small Town lMp. &p Qy Uh. November 7, 2011 Public Attendance Record Page 1 Complete a "Request to Speak" card if you PLEASE print full Address City want to speak to the name council regarding an item that is not on the agenda Jon Doe 10295 Your Street NE Annandale Agenda item Jane Smith 1579 Albertville Av NE Albertville Yes - speeding cars 00-ne �ek'KS�d �t 'T Nsecc U f-'s r ( (C i ✓�- �o.�✓V� t, lv `�L UOSU J � !� aw 1'Ve✓� CS L� MAPublic Data \City Council \2011 Public Attendance.doc