City Council Meeting Minutes

Tuesday, January 22, 2008
Albertville City Hall 7:00 PM

PLEDGE OF ALLEGIANCE - CALL TO ORDER

Mayor Klecker called the Albertville City Council meeting to order at 7:00 p.m. followed by the Pledge of Allegiance.

ROLL CALL

PRESENT: Mayor Ron Klecker, Council members LeRoy Berning, Dan Wagner, and Tom Fay, Assistant City Planner Cassie Schumacher-Georgopoulos, Assistant City Attorney Kyle Hartnett, Assistant City Engineer Adam Nafstad, City Administrator Larry Kruse, and City Clerk Bridget Miller

ABSENT: Council member John Vetsch

RECOGNITIONS/PRESENTATIONS/INTRODUCTIONS – no comments

MINUTES

Monday, January 7, 2008 regular City Council meeting

Mayor Klecker asked the Council if there were any changes to the Monday, January 7, 2008 regular City Council minutes.

MOTION BY Council member Wagner, seconded by Council member Berning to approve the Monday, January 7, 2008 regular City Council minutes as presented, and on file in the office of the City Clerk. Motion carried unanimously.

CITIZEN FORUM – no comments

AMENDMENTS TO THE AGENDA

City Clerk Miller asked to remove item 8.E.1. under Consent, which is Approve Resolution No. 2008-005 entitled a Resolution Approving a Class B (Pulltabs, Tipcards, Paddlewheels, Raffles) Gambling License for the Knights of Columbus No. 4174 at Full Moon Saloon and Grill. City Administrator Kruse added an item under Administration, which was 2008 Tinklenberg Group I-94 Lobby Proposal. Council member Berning added an item under Administration, which was Appointment to the Family-Youth Community Cooperative (FYCC) that was not included in Resolution No. 2008-002.

MOTION BY Council member Wagner, seconded by Council member Fay to approve the Tuesday, January 22, 2008 regular Albertville City Council agenda as amended. Motion carried unanimously.

CONSENT AGENDA
* CONSENT AGENDA
All items with an asterisk (*) are considered to be routine in nature by the City Staff and will be enacted by one motion. There will be no separate discussion of these items unless a Council member or citizen so requests. In such event, the item will be removed from the General Order of Business and considered in its normal sequence on the agenda.

Mayor Klecker asked the Council if there were any items to be pulled from the Consent Agenda.

MOTION BY Council member Berning, seconded by Mayor Klecker to approve the consent agenda removing item 8.E.1., the approval of Resolution No. 2008-005 entitled a Resolution Approving a Class B (Pulltabs, Tipcards, Paddlewheels, Raffles) Gambling License for the Knights of Columbus No. 4174 at Full Moon Saloon and Grill, and pulling item 8.F.1., which will be considered in its normal sequence and a separate discussion of the items will be conducted. Motion carried unanimously.

DEPARTMENT BUSINESS

PUBLIC WORKS DEPARTMENT

Accept the Public Works Supervisor’s Parks Report

Council members accepted the Public Works Supervisor’s Parks Report dated Wednesday, January16, 2008 as presented in the January 22, 2008 City Council packet.

BUILDING DEPARTMENT

Accept the Building Official’s Three (3) Year Construction Comparison

Council member Berning had a question regarding the Three (3) Year Construction Comparison, in which 2006 Commercial Permit Valuation appeared to be low compared to 2005 and 2007.

City Administrator Kruse explained to Council member Berning that he could not identify as to why there is such a difference in the amounts. Kruse stated that he would look into the matter and report back to him with the results of his research.

Council members accepted the Building Official’s Three (3) Year Construction Comparison dated 2005-2007 as presented in the January 22, 2008 City Council packet.

Accept the Building Officials’ Building Permit Activity Report

Council members accepted the Building Official’s Permit Activity Report dated December 2007 as presented in the January 22, 2008 City Council packet.

FINANCE DEPARTMENT

* Approve the Monday, January 22, 2008 Payment of Claims (bills) for check numbers 025197 to 025250

MOTION BY Council member Berning, seconded by Mayor Klecker authorizing the payment of claims that included check number 025197 to 025250 as presented except the bills specifically pulled, which are passed by separate motion. Motion carried unanimously.

* Accept Bolton & Menk Inc. Engineer’s recommendation to Approve Payment No. 1 to the City of Otsego in the amount of $87,779.76 for the 70th Street NE Improvement

MOTION BY Council member Berning, seconded by Mayor Klecker to approve Payment No. 1 to the City of Otsego in the amount of $87,779.76 for the 70th Street NE Improvement per the recommendation made by the Bolton & Menk, Inc. Engineer, which was presented in the January 22, 2008 City Council packet. Motion carried unanimously.

* Approve Resolution No. 2008-004 entitled a Resolution Calling for the Redemption of the Outstanding General Obligation (GO) Improvement Bonds, Series 1999A

MOTION BY Council member Berning, seconded by Mayor Klecker to approved Resolution No. 2008-004 entitled a Resolution Calling for the Redemption of the Outstanding General Obligation (GO) Improvement Bonds, Series 1999A. Motion carried unanimously.

CITY CLERK

Approve Resolution No. 2008-005 entitled a Resolution Approving a Class B (Pulltabs, Tipcards, Paddlewheels, Raffles) Gambling License for the Knights of Columbus No. 4174 at Full Moon Saloon and Grill

City Clerk pulled item 8.E.1., Approval of Resolution No. 2008-005 entitled a Resolution Approving a Class B (Pulltabs, Tipcards, Paddlewheels, Raffles) Gambling License for the Knights of Columbus No. 4174 at Full Moon Saloon and Grill; therefore no action was required.

* Approve Geez Sports Bar & Grill’s request for 2 One-Day 3.2% Malt Liquor Licenses for a Broomball Tournament to be held on Saturday, February 9 and Sunday, February 10, 2008 at Central-City Park

MOTION BY Council member Berning, seconded by Mayor Klecker to approve Geez Sports Bar & Grill’s request for 2 One-Day 3.2% Malt Liquor Licenses for a Broomball Tournament to be held on Saturday, February 9 and Sunday, February 10, 2008 at Central-City Park, which has been prepared and submitted by the City Clerk and is on file in the office of the City Clerk. Motion carried unanimously.

* Approve Re-appointment of Frank Kocon to the Albertville Planning and Zoning Commission for a Three-Year term effective January 2008

MOTION BY Council member Berning, seconded by Mayor Klecker to approve Re-appointment of Frank Kocon to the Albertville Planning and Zoning Commission for a Three-Year term effective January 2008, which has been prepared and submitted by the City Clerk and is on file in the office of the City Clerk. Motion carried unanimously.

* Set Monday, April 7, 2008 as the 2008 Local Board of Appeal and Equalization Date to begin at 5:30 p.m. that will be held at the Albertville City Hall

MOTION BY Council member Berning, seconded by Mayor Klecker to set Monday,
April 7, 2008 as the 2008 Local Board of Appeal and Equalization Date to begin at 5:30 p.m. that will be held at the Albertville City Hall, which has been prepared and submitted by the City Clerk and is on file in the office of the City Clerk. Motion carried unanimously.

Set dates for two annual Joint STMA School Board and City of St. Michael Council meetings to be held on Monday, March 31, 2008 to be held at the Albertville City Hall and Monday, September 29, 2008 to be held at the STMA School Board Room, of which both meetings to begin at 6:00 p.m.

Mayor Klecker asked the Council if they would consider setting the two dates for joint STMA School Board, City of Albertville and City of St. Michael meetings.

City Clerk Miller informed the Council that the two dates are fifth Mondays of the months. There is a fifth Monday in June, but the STMA School Board does not meet over the summer.

MOTION BY Council member Berning, seconded by Council member Wagner to set dates for two annual Joint STMA School Board and City of St. Michael Council meetings to be held on Monday, March 31, 2008 to be held at the Albertville City Hall and Monday, September 29, 2008 to be held at the STMA School Board Room, of which both meetings to begin at 6:00 p.m., which has been recommended by the City Clerk and is on file in the office of the City Clerk. Motion carried unanimously.

Albertville Friendly City Days - Albertville vs. St. Michael Two-inning Softball challenge to be held on Friday, June 13, 2008 at the Central-City Park Ball Field No. 1 with the first pitch being thrown out at 5:30 p.m.

City Clerk Miller reported that the Albertville Friendly City Days Committee had there first meeting on Thursday, January 17 and wanted to know if the Council was interested in the Softball Challenge. Miller wanted to make sure it got put on the 2008 Albertville Friendly City Days schedule of events. Miller stated she would send an invitation to the St. Michael Council asking them if they want to participate in the Third Annual Albertville vs. St. Michael Softball Challenge.

MOTION BY Council member Fay, seconded by Council member Wagner to invite the St. Michael City Council to the Third Annual Albertville Friendly City Days - Albertville vs. St. Michael Two-inning Softball challenge to be held on Friday, June 13, 2008 at the Central-City Park Ball Field No. 1 with the first pitch being thrown out at 5:30 p.m. and increasing the number of players to ten (10), which has been recommended by the City Clerk and a notice will be forwarded to the City of St. Michael Council to accept the challenge. Motion carried unanimously.

PLANNING AND ZONING

Approve Ordinance No. 2008-002 entitled an Ordinance Amending Title 10, Chapter 7, Section 7 Related to Temporary Signs

Council member Berning inquired why we were amending the Temporary Signs.

Assistant City Planner Schumacher-Georgopoulos reported that staff noticed there was a conflict in the amount being charged. According to the 2005 Albertville Municipal City Code, the fee for a Temporary Sign is $50.00 yet Council has reduced the fee to $25.00. Schumacher-Georgopoulos stated that staff is recommending to amend the language to be more generic so that in the future the fee could be set by a Resolution instead of amending the Ordinance every time the fee changes.

MOTION BY Council member Berning, seconded by Council member Fay approved Ordinance No. 2008-002 entitled an Ordinance Amending Title 10, Chapter 7, Section 7 Related to Temporary Signs, which is an amendment to the 2005 Albertville Municipal City Code that will take effect upon publication and will be on file in the office of the City Clerk. Motion carried unanimously.

Approve Resolution No. 2008-006 entitled a Resolution Approving a Planned Unit Development (PUD) Amendment and a Site and Building Plan Review for the Cedar Creek Golf Course Clubhouse located at 5700 Jason Avenue NE within the City of Albertville

Assistant City Planner Schumacher-Georgopoulos reported that the Cedar Creek Golf Course has applied for a site and building plan review and an amendment to the Planned Unit Development (PUD) to expand the existing clubhouse located at 5700 Jason Avenue NE within the Albertville city limits. The Clubhouse was originally built in 1998, at that time it was equipped with a kitchen, banquet room, restrooms, and a pro shop. The addition will be 2,872 square-feet, which will accommodate 124 occupants; and a 1,030 square foot patio for 69 occupants. Schumacher-Georgopoulos informed the Council that the expansion would require 14 more improved parking stalls than what the site currently holds; however, the site and building plan provides proof of parking for 80 more stalls.

Assistant City Planner Schumacher-Georgopoulos touched on the fact that the building standards have been modified since the construction of the Clubhouse; therefore, would require fifty percent (50%) of all exterior wall finishes, which must be constructed of materials containing only brick, dimension stone, glass, stucco, and its replicas, woods, rock faced block, or aggregate pre-cast concrete panels. Schumacher-Georgopoulos brought to the Council’s attention that no landscaping plan has been submitted, but all disturbed areas due to construction of the expansion shall be sodded or seeded. The grading, drainage and erosion control plan shall be subject to the review of the Assistant City Engineer Nafstad, Schumacher-Georgopoulos stated.

Schumacher-Georgopoulos concluded with the fact that many cities are faced with the concern of not being able to sustain their golf courses. Based on the information submitted by the Cedar Creek Golf Course this allows them the opportunity to continue to sustain the vitality of the business that will keep a desired amenity within the Albertville city limits; therefore staff recommends approval of the Planned Unit Development (PUD) Amendment and the Site and Building Plan Review for the expansion of the Clubhouse. The approval is subject to the following conditions:

1. Fifty percent (50%) of all exterior wall finishes must be constructed of materials containing only brick, dimension stone, glass, stucco and its replicas, woods, rock faced block, or aggregate precast concrete panels.

2. The Planning Commission shall determine if the proof-of-parking will suffice for the 14 deficient stalls, or if they will need to provide improved parking stalls.

3. All disturbed areas due to construction of the expansion shall be sodded or seeded.

4. Any additional lighting of the building or site shall require the submission of a photometric plan.

5. The applicant shall specify the location of the trash enclosure.

6. The grading, drainage and erosion control plan shall be subject to the review of the City Engineer.

City Administrator Kruse reported that staff has discussed with the applicant as to whether there is a need to have a fire sprinkler system or not. Following the discussion, all parties came to the conclusion that it is recommended that the building should have a fire sprinkler system. What impact does this have on the applicant? The current source of water is provided by a private well, which will not be sufficient to handle a fire sprinkler system. Staff has identified the nearest location that would service the clubhouse, which is across CSAH 18. The estimated cost for the applicant to hook-up to city water would be $175,000. This is a considerably large expense for the applicant to incur towards the expansion of the building. Kruse suggested that the City Council work with the applicant to consider assessing the WAC and or SAC charges. With Council’s approval, staff can draft an agreement for the applicant to review, then Mr. Sauer and his partner can decide whether they want to proceed with the project or not. The assessment could be over a three to five (3-5) year term. Along with the agreement, staff would conduct a Feasibility Study that would require a $5,000 escrow from the applicant for the City to complete the Feasibility Study and an additional $10,000 escrow for the City to proceed with plans and specifications. Kruse concluded by informing the Council that the applicant is present in the audience to address any other questions or concerns.
Chris Sauer introduced himself stating that he was co-owner of the Cedar Creek Golf Course. Mr. Sauer informed the Council that when the Golf Course holds tournaments, they currently rent tents to house the participants. Sauer reported that the expansion of the Clubhouse would make a safer environment for the participants compared to the tents. Sauer and his partner were looking beyond just the annual tournaments and felt the location of the facility would be good for other events since it was close to the new STMA High School.

Mayor Klecker and Council members Berning and Wagner were all willing to work with the applicant to keep the Golf Course amenity within Albertville. Wagner noted that a number of individuals purchased the homes for the fact that there was a Golf Course nearby. Council member Fay had concerns with the location of the patio and outdoor noise control. Fay asked if there would be speakers on the patio that would blast noise to the nearby residents. You talk about having events, in which there may be bands playing late into the evening. Council members Wagner and Fay agreed to remove the exterior materials. They would like to keep the amenities of the Clubhouse looking or fitting in with the original development concept. Council member Berning noted that the exterior materials appeared to be sufficient.

MOTION BY Council member Wagner, seconded by Council member Berning to approve Resolution No. 2008-006 entitled a Resolution Approving a Planned Unit Development (PUD) Amendment and a Site and Building Plan Review for the Cedar Creek Golf Course Clubhouse located at 5700 Jason Avenue NE within the City of Albertville and on file in the office of the City Clerk. Motion carried unanimously.

City Administrator Kruse encouraged the Council to make separate motion for the approvals; therefore Council member Wagner and Berning repealed their motion for approval.

MOTION BY Council member Wagner, seconded by Council member Berning to approve Resolution No. 2008-006 entitled a Site and Building Plan Review for the Cedar Creek Golf Course Clubhouse located at 5700 Jason Avenue NE within the City of Albertville eliminating item no. 1, which is the fifty percent (50%) of all exterior wall finishes must be constructed of materials containing only brick, dimension stone, glass, stucco, and its replicas, woods, rock faced block, or aggregate pre-cast concrete panels and on file in the office of the City Clerk. Motion carried unanimously.

MOTION BY Council member Wagner, seconded by Council member Berning to approve a Planned Unit Development (PUD) Amendment for the Cedar Creek Golf Course Clubhouse located at 5700 Jason Avenue NE within the City of Albertville and will be on file in the office of the City Clerk. Motion carried unanimously.

MOTION BY Council member Wagner, seconded by Council member Berning authorizing staff to draft a Developer’s Agreement between the City of Albertville and the Cedar Creek Golf Course Clubhouse setting the SAC/WAC fees with the applicant paying a $10,000 escrow for the City to proceed with plans and specifications to obtain a permit for the expansion to the building located at 5700 Jason Avenue NE within the Albertville city limits, which will allow the applicant to get the footings started. Motion carried unanimously.

MOTION BY Council member Wagner, seconded by Council member Berning authorizing staff to conduct a Feasibility Study with the applicant agreeing to pay a $5,000 escrow for the SAC/WAC fees to allow the Cedar Creek Golf Course Clubhouse to hook-up to City water to the building located at 5700 Jason Avenue NE within the Albertville city limits. Motion carried unanimously.

Approve Ordinance No. 2008-003 entitled an Ordinance Amending Chapter 4300.4 Relating to Conditional Uses in the B-2 Limited Business District and Approve Resolution No. 2008-007 entitled a Resolution Approving a Conditional Use Permit (CUP) for Pet Nation Veterinary Clinic located at 5279 Kyler Avenue NE within the City of Albertville

Assistant City Planner Schumacher-Georgopoulos began by informing the Council that Marie and Gary Nation have submitted an application for a Text Amendment to the B-2 Limited Business District that would allow Veterinary Clinics by Conditional Use Permit (CUP) within the B-2 Zoning and the actual CUP Application for the Veterinary Clinic at 5279 Kyler Avenue NE. Schumacher-Georgopoulos stated that staff has reviewed the application and agrees that the T-Square Building is a potential site suitable for a veterinary clinic. The applicant chose the site because of the low volume of traffic and the green space, which is contrary to other business districts that are heavy in traffic and limited green space. Schumacher-Georgopoulos brought to the Council’s attention that the applicants are present to answer any questions or concerns.

Mayor Klecker expressed his concern with amending the City Code and inquired that by approving the amendment this would allow Veterinary Clinics in B-2 Limited Business District throughout all of Albertville. Schumacher-Georgopoulos confirmed that approving the Ordinance amendment would change the City Code to allow Veterinary Clinics in the B-2 Zoning District throughout Albertville by Conditional Use Permit (CUP), which requires the Council’s approval. There was additional discussion between Council and staff regarding the text amendment, in which staff explained that a Conditional Use Permit application would need to be submitted for Council’s review and approval.

Gary Nation, co-owner of Pet Nation, asked the Council to consider removing the requirement of the fenced in area. Mr. Nation explained that the dogs will be double leashed when they are let out by staff. Marie Nation explained to Council member Fay that there will be no overnight care. Ms. Nation does not believe in leaving an animal alone that has had surgery. What Ms. Nation would do is bring the animal home with her to monitor it overnight, which answered Fay’s question and concern regarding the overnight care.

Staff asked the Council to again make separate motions for the approval of the Text Amendment and one for the Pet Nation Veterinary Clinic.

MOTION BY Council member Berning, seconded by Council member Fay approve Ordinance No. 2008-003 entitled an Ordinance Amending Chapter 4300.4 Relating to Conditional Uses in the B-2 Limited Business District that amends the 2005 Albertville Municipal City Code and on file in the office of the City Clerk. Council members Fay, Berning and Wagner voted aye. Mayor Klecker voted nay. Motion carried.

MOTION BY Council member Fay, seconded by Council member Berning approve Resolution No. 2008-007 entitled a Resolution Approving a Conditional Use Permit (CUP) for Pet Nation Veterinary Clinic located at 5279 Kyler Avenue NE within the City of Albertville and on file in the office of the City Clerk. Motion carried unanimously.

ENGINEERING

Accept the Assistant City Engineer’s Project Status Update

Council members accepted the Assistant City Engineer’s Project Status Update dated Friday, January 11, 2008 as presented in the January 22, 2008 City Council packet.

LEGAL - no comments

ADMINISTRATION

Accept the City Administrator’s Update on the Industrial Lots

City Administrator Kruse stated that at a previous meeting Council had asked for an update on the Barthel Industrial Park lots, which the City has for sale. As the Council recalls in 2006, the City made a commitment to expand the Barthel Industrial Park to provide five (5) improved lots for new business. The City invested over $1,100,000 in the project to allow future owners to assume the assessment and reimburse the City for the difference. The City sold one parcel to Fraser Steel to allow for expansion on their business, which leaves four (4) lots remaining that the City continues to market for sale at $4.50 per square foot, with the consideration of a Tax Increment Financing (TIF) for qualified projects. One challenge the City addresses is the fact that not very many service businesses meet the qualifications to TIF. Kruse concluded by informing the Council that he will continue to update on the progress of the sale of the industrial lots.

Council members accepted the City Administrator’s Update on the Industrial Lots dated Wednesday, January 16, 2008 as presented in the January 22, 2008 City Council packet.

Accept the City Administrator’s Written Report and adding 2008 Tinklenberg Group I-94 Lobby Proposal

City Administrator Kruse asked the Council if they had any questions or concerns with the written report. Hearing none, he presented the Council with correspondence he received from the Tinklenberg Group, which was for a 2008 Consulting Service Funding Proposal. Kruse noted that the Tinklenberg Group recommends that the City of Albertville submit an Application for FY09 Appropriations fund in February and focus the remainder of the year preparing for the larger six-year Reauthorization Bill beginning in 2009.

The Council appeared to agree with the Tinklenberg recommendations, which is to submit the Application for FY09 Appropriations fund in February and focus the remainder of the year preparing for the larger six-year Reauthorization Bill beginning in 2009.

Council members accepted the City Administrator’s Written Report dated Wednesday,
January 16, 2008 as presented in the January 22, 2008 City Council packet. There was no action taken regarding the 2008 Tinklenberg Group for Consulting Services.

Set a date for a City of Albertville-City of Otsego Workshop to be held at Otsego City Hall at 6:30 p.m. to Discuss CSAH 19 North Road Agreement – dates to consider are: Wednesday, January 30, 2008 or Wednesday, February 6, 2008 or Thursday, February 7, 2008 or Wednesday, February 20, 2008

City Administrator Kruse informed the Council that Otsego has inquired about setting a workshop to discuss the CSAH 19 North Road Agreement. The City has a Road Agreement with the City of Otsego that includes approximately five (5) roads, which includes CSAH 19 North.

Mayor Klecker asked the Council which of the dates is preferred to hold a joint Albertville-Otsego Workshop to discuss the CSAH 19 North Road Agreement.

MOTION BY Council member Wagner, seconded by Mayor Klecker to set Wednesday,
January 30, 2008 for a City of Albertville-City of Otsego Workshop to be held at Otsego City Hall at 6:30 p.m. to Discuss CSAH 19 North Road Agreement. Motion carried unanimously.

Appointment to the Family-Youth Community Cooperative (FYCC) that was not included in Resolution No. 2008-002

Council member Berning brought to the Council’s attention that at the last meeting we set the appointments for various commissions, committee’s and boards. One area that was overlooked was a representative or two for the Family-Youth Community Cooperative.

MOTION BY Council member Wagner, seconded by Council member Berning to appoint Council member John Vetsch to serve as the Albertville Representative on the Family-Youth Community Cooperative and Mayor Ron Klecker to serve as the alternate that will amend Resolution No. 2008-002 and will be on file in the office of the City Clerk. Motion carried unanimously.

CITIZENS OPEN FORUM - (continued if necessary)

ANNOUNCEMENTS and or UPCOMING MEETINGS

Council member Berning suggested setting an annual joint meeting with the Planning and Zoning Commission members. The date set was Monday, February 25 to begin at 7:00 p.m.

Mayor Klecker recommended cancelling the Monday, January 28 workshop.

January 2008
21 all day City Offices closed in observation of Martin Luther King Day
22 7:00 p.m. City Council meeting (TUESDAY)
28 7:00 p.m. Committee of the Whole Workshop

February 2008
4 7:00 p.m. City Council meeting
5 7:00 p.m. DFL Caucuses to be held at Albertville City Hall
5 7:00 p.m. Republican Caucuses to be held at STMA Middle School
11 6:00 p.m. STMA Ice Arena Board meeting
12 7:00 p.m. Planning and Zoning Commission meeting
18 all day City Offices closed in observation of Presidents’ Day
19 7:00 p.m. City Council meeting (TUESDAY)
25 6:00 p.m. Joint Water Board meeting
25 7:00 p.m. Jt. City Council and Planning & Zoning Commission mtg.

ADJOURNMENT

MOTION BY Council member Berning, seconded by Council member Wagner to adjourn the regular January 22, 2008 City Council meeting at 8:37 p.m. Motion carried unanimously.

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