City Council Meeting Minutes

Monday, June 2, 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 acknowledging a couple of Eagle Scouts, Josh Edeen and Jesse Slimmer, and asked the scouts to lead us in the Pledge of Allegiance.

ROLL CALL

PRESENT: Mayor Ron Klecker, Council members Tom Fay, Dan Wagner, John Vetsch, and LeRoy Berning, City Administrator Larry Kruse, Finance Director Tina Lannes, Public Works Supervisor Tim Guimont, City Planner Al Brixius, Assistant City Engineer Adam Nafstad, and City Clerk Bridget Miller

ABSENT: City Attorney Mike Couri

RECOGNITIONS – PRESENTATIONS – INTRODUCTIONS

Recognize Albertville – St. Michael – Otsego - Hanover Boy Scouts that have earned Eagle Scout

Mayor Klecker recognized Josh Edeen and Jesse Slimmer for their efforts in helping the Albertville Public Works staff with the cleaning and installation of a trail system within Winter Park. Klecker shared that an Eagle Scout has even walked on the moon, so these trails can lead to almost anywhere.

Mayor Klecker recognized Zach Fernholz later in the meeting for his efforts in helping the Albertville Public Works staff with the cleaning and installation of a trail system within Winter Park. Klecker informed Fernholz that he told Edeen and Slimmer that an Eagle Scout has even walked on the moon, which Fernholz recalled Armstrong was an Eagle Scout.

CITIZEN FORUM

Mayor Klecker asked if there was anyone in the audience that wanted to discuss an item with the Council that was not already on the agenda.

Ellen Miller had a quick comment regarding an updated Comprehensive Plan, which she was not aware of one that noted the land use for the property to be discussed later in the meeting.

City Planner Brixius responded by stating there is a Comprehensive Plan in place that will be presented later during the meeting.

AMENDMENTS TO THE AGENDA

Mayor Klecker added two items; under Wright County Sheriff’s Report to discuss the Sirens within Albertville, and under Administration to discuss CSAH 19 North Road Improvement. Council member Vetsch added one item under Administration, which was to discuss Central Lakes Regional Sanitary District. City Clerk Miller added one item under City Clerk, which included approving a One-Day 3.2% Malt Liquor License for the upcoming Mayor’s event to be held on Wednesday, June 18, 2008 at the Albertville City Hall.

MOTION BY Council member Wagner, seconded by Council member Berning to approve the Monday, June 2, 2008 regular Albertville City Council agenda as amended. Motion carried unanimously.

MINUTES

May 19, 2008 regular City Council minutes

May 19, 2008 Committee of the Whole minutes

Mayor Klecker asked the Council if there were any changes to the May 5, 2008 regular City Council minutes; and May 5, 2008 Committee of the Whole minutes.

MOTION BY Council member Wagner, seconded by Council member Berning to approve the Monday, May 19, 2008 regular City Council minutes as presented, and on file in the office of the City Clerk. Motion carried unanimously.

MOTION BY Council member Wagner, seconded by Council member Fay to approve the Monday, May 19, 2008 Committee of the Whole minutes as amended, and on file in the office of the City Clerk. 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, which there were no items pulled from the consent agenda.

MOTION BY Council member Fay, seconded by Council member Berning to approve the consent agenda pulling 8.G.2., which the item will be removed from the General Order of Business and considered in its normal sequence on the agenda and will require a separate motion. Motion carried unanimously.

DEPARTMENT BUSINESS

WRIGHT COUNTY SHERIFF’S DEPARTMENT

1st Quarter Summary Report and Monthly Progress Report

Wright County Sheriff’s Department representatives Joe Haggerty and Chris Grupp were present to discuss the Wright County Sheriff’s report. Haggerty brought to the Council’s attention that he placed a report on their dais, which summarizes 2007 Law Enforcement activity within the Albertville city limits. First item Haggerty noted was that the Contract Service fees have gone up in previous years, because Albertville has increased the number of hours for coverage and Wright County has provided quality service that Albertville expects. The officer(s) on duty cover a wide variety of activity that range from your basic crimes to business’ alarms that are going off and to residents locking themselves out of their vehicles. Other areas the officers are responding to are vehicles parked during snow emergency times or dealing with junk vehicles. Haggerty reviewed other areas of crime noting that meth crimes have gone down some, because it has become more difficult to purchase the over-the-counter chemicals to make meth.

Council inquired about homes in foreclosure and wondering if vandalism crimes have gone up. Haggerty reported there are approximately 750 homes in foreclosure throughout Wright County, which law enforcement is doing their best to monitor. Homes constructed today have little copper pipes, it is mostly copper wire.

Mayor Klecker asked about the Civil Defense Sirens, which Klecker had a number of residents approach him asking why the sirens went off Memorial weekend after the storm blew over. Haggerty did not know much about the Civil Defense Sirens, but assured the Council he would contact the appropriate staff regarding the sirens and report back to Mayor Klecker and the City Administrator on the status as to what happened.

In summary, Haggerty suggested the Albertville Council consider increasing the hours of coverage for Albertville. Haggerty recommended additional hours in the afternoon and or early evening.

FIRE DEPARTMENT – no comments

PUBLIC WORKS DEPARTMENT

Accept the Public Works Supervisor’s Update

Council members accepted the Public Works Supervisor’s Update dated May 23, 2008 as presented in the June 2, 2008 City Council packet.

UTILITIES DEPARTMENT (WWTP) – no comments

BUILDING DEPARTMENT – no comments

FINANCE DEPARTMENT

* Approve the Monday, June 2, 2008 Payment of Claims (bills) for check numbers 025719 to 025755

MOTION BY Council member Fay, seconded by Council member Berning authorizing the Monday, June 2, 2008 Payment of Claims (bills) for check numbers 025719 to 025755 as presented except the bills specifically pulled, which will require a separate discussion from the Consent Agenda and a separate motion from the Consent Agenda. Motion carried unanimously.

CITY CLERK

* Approve a Minnesota Lawful Gambling LG220 Application from the STMA Youth Hockey Association for a drawing to be held at the STMA Ice Arena on January 17, 2009, in which Bingo, Raffles, Paddlewheels, Pull-Tabs, and Tipboards will be sold throughout 2008 as a fundraiser

MOTION BY Council member Fay, seconded by Council member Berning to approve a Minnesota Lawful Gambling LG220 Application from the STMA Youth Hockey Association for a drawing to be held at the STMA Ice Arena on January 17, 2009, in which Bingo, Raffles, Paddlewheels, Pull-Tabs, and Tipboards will be sold throughout 2008 as a fundraiser, which the item will be removed from the General Order of Business and considered in its normal sequence on the agenda and will require a separate motion. Motion carried unanimously.

* Approve Three (3) 1-Day 3.2 % Malt Liquor License Applications from the Albertville Lions for the annual Albertville Friendly City Days event to be held within the Albertville Central-City Park from Friday, June 13 through Sunday, June 15

MOTION BY Council member Fay, seconded by Council member Berning to approve Three (3) 1-Day 3.2 % Malt Liquor License Applications from the Albertville Lions for the annual Albertville Friendly City Days event to be held within the Albertville Central-City Park from Friday, June 13 through Sunday, June 15, which the item will be removed from the General Order of Business and considered in its normal sequence on the agenda and will require a separate motion. Motion carried unanimously.

* Approve transfer of On-Sale Intoxicating Liquor License and Special Sunday Liquor License from Rancho Grande, Inc. (Victor Hernandez and Juan Lopez) to Rancho Grande, Inc. (Carlos Aguirre) effective June 3, 2008 associated with Rancho Grande restaurant

MOTION BY Council member Fay, seconded by Council member Berning to approve transfer of On-Sale Intoxicating Liquor License and Special Sunday Liquor License from Rancho Grande, Inc. (Victor Hernandez and Juan Lopez) to Rancho Grande, Inc. (Carlos Aguirre) effective June 3, 2008 associated with Rancho Grande restaurant, which the item will be removed from the General Order of Business and considered in its normal sequence on the agenda and will require a separate motion. Motion carried unanimously.

Approve a Temporary Outdoor Music Permit Application from Nancy Solem for a Graduation Party to be held at the Albertville Central-City Park on Saturday, June 21, 2008, which a DJ will be playing music under the Pavilion from about 5:00 p.m. to 10:00 p.m.

City Clerk Miller reported that Nancy Solem is having a graduation open house for her child at the Central-City Park, which following the main open house she plans on having a DJ. She was not sure whether the DJ would play outside or inside the park shelter. The hours the DJ would be playing would be from about 5:00 p.m. to 10:00 p.m. Miller went on to inform the Council that Ms. Solem was giving the portion of the City Code that pertains to Temporary Outdoor Music, which she was instructed to notify the abutting property owners.

Council recommended that Ms. Solem have the DJ play within the Park Shelter and restrict the hours to 5:00 to 9:00 p.m. Since the parks close at 10:00 p.m., having the DJ stop at 9:00 p.m. would allow sufficient time to take down his equipment.

MOTION BY Council member Berning, seconded by Council member Fay to approve a Temporary Outdoor Music Permit Applications from Nancy Solem for a Graduation Party to be held at the Albertville Central-City Park on Saturday, June 21, 2008, in which the DJ must be set up within the Park Shelter to contain the music to the building and will be allowed to play from about 5:00 p.m. to 9:00 p.m. because the park closes at 10:00 p.m., which the item will be removed from the General Order of Business and considered in its normal sequence on the agenda and will require a separate motion. Nancy Solem is to send written notice to residential property owners within the 350’ buffer informing them there will be a DJ playing music on Saturday, June 21, 2008 from approximately 5:00 p.m. to 9:00 p.m. Mayor Klecker, Council members Berning, Wagner, and Fay voted aye. Council member Vetsch opposed. Motion carried.

Approve a One-Day 3.2% Malt Liquor License applications submitted by either the Albertville Lions or the Knights of Columbus for an event to be held on Wednesday, June 18, 2008 for a Mayors’ Conference that will take place within the Albertville City Hall

City Clerk began by stating that Mayor Klecker informed the Council at the May 19 meeting there was a Mayors’ event to be held on Wednesday, June 18, which they were invited to attend. Mayor Klecker commented that it would be nice if the was the option to have a cocktail before the event. City Administrator Kruse has contacted the Albertville Lions to see if they would be interested in a cash bar, which 3.2% beer and wine would be sold. Kruse has not heard back from the Albertville Lions, so he suggested leaving it open to the vendor should another organization be interested in the opportunity to sell alcohol during the event.

MOTION BY Council member Wagner, seconded by Council member Berning to approve a One-Day 3.2% Malt Liquor License for an event to be held on Wednesday, June 18, 2008 for a Mayors’ Conference that will take place within the Albertville City Hall where the vendor is opened to an organization that is open to the opportunity. Motion carried unanimously.

PLANNING AND ZONING – no comments

ENGINEERING

Review the Niemeyer Trailer Sales Development Feasibility Study (a.k.a. CSAH 37 West Project) and Approve Resolution No. 2008-027 entitled a Resolution Accepting a Feasibility Report for the Extension of Municipal Improvements Along CSAH 37 Between 64th Street NE and Kadler Avenue NE

Assistant City Engineer Nafstad lead the presentation of the Niemeyer Trailer Sales Development and the Feasibility Report (Study), which demonstrated how the city would extend municipal improvements to the site located along CSAH 37 between 64th Street NE and Kadler Avenue NE. Nafstad reported that Tim Niemeyer wishes to relocate his business from Maple Grove to Albertville. According to the Albertville Comprehensive Plan, the site was originally located within the City of Otsego. It was annexed into Albertville city limits in 1996, which the project is consistent with both cities development goals pre and post annexation. The proposed area covers three properties: Miller’s, Niemeyer’s, and Christiansen’s.

Nafstad went on to report that in 2007, Niemeyer presented a Concept Plan, which the Council directed staff to prepare a Feasibility Report (Study) for the municipal improvements including sewer and water. Included in the Feasibility Report (Study) is the installation of a street and cul-de-sac into the Niemeyer property, which would potentially service the Miller’s property. The street will be constructed to City standards and then turned over to the City. As of today, it is planned that Mr. Niemeyer will pay 100% of the cost of right-of-way; construction of the street and CSAH 37 intersection improvements with the understanding that in the future the roadway will benefit the Miller property.

Nafstad reviewed the two alternative methods of paying for the project including 429 assessments and a sewer and water connection charge. Christiansen is in favor of the proposed project provided he does not have to connect to sewer until his property has a change in use or a more intense use; however, the Miller’s are not interested in paying for any improvements now.

City Planner Brixius reiterated that Niemeyer Trailer Sales has pursued a site located along CSAH 37 in western Albertville to relocate his business from Maple Grove. The site offers the amenities of land area and the freeway visibility to accommodate the trailer sales. In order for the project to develop there are a few requirements needed, which include:

1. Rezoning the property from I-1 Industrial to B-W Business Warehouse. This would accommodate the motor vehicle sales lot by Conditional Use Permit (CUP).

2. Preliminary and Final Plat. Niemeyer wishes to create two lots and a street right-of-way and utility easements need to be dedicated.

3. Conditional Use Permit (CUP) for motor sales lot and site and building plan review.

Before Mr. Niemeyer can proceed, there is the issue of extending city sewer and water to the site along with the above mentioned requirements. The city has prepared a Feasibility Report (Study), which outlines both the physical utility needs and the distribution of the costs. As we have experienced, the extension of utilities and the construction of the roadway has produced some opposition from the adjoining property owners who do not wish to see any change in the site that may affect their property physically or financially. With the City taking into consideration the sensitivity of each property, it must be recognized that the site’s history and surrounding land use has been earmarked for urban development since 1991.

Since the annexation in 1996, the land development has occurred consistent with both Albertville and Otsego’s Comprehensive Land Use plans. The sites in question have been surrounded by urban land uses as noted below:

Direction Land Use
West Otsego Industrial Park
East Albertville Commercial
South Karston Cove and Kollville Estate (townhouse developments)
North I-91, Burlington Northern Railroad

The proposed Niemeyer Trailer Sales project provides the City with the opportunity for private sector financing to bring utilities into the area of Albertville. According to the Feasibility Report (Study), it offers the financial strategy to limit the financial burden on the adjoining property. Taking this into account, the project attempts to achieve the City’s land use goals for the site. It is the City Council that must determine if the wishes of the abutting property owner should stop the development of the adjoining lot.

Assistant City Engineer Nafstad reviewed the financial consideration for the project, which it is proposed that separate sewer and water districts be established over the subject parcels and that Sewer and Water Connection Charges (SAC and WAC) be imposed on the subject parcels so as to reimburse the costs associated with the necessary sewer and water improvements.

Nafstad continued by stating it is proposed that the connection charges be cost apportioned based on the “Buildable” area of land, given that the buildable-to-gross area ratio is different for each parcel, charges based on gross area would not be equitable. To accommodate those property owners who do not desire to connect to municipal utilities at this time, it is recommended that the connection charges be postponed until the time of their connection. The sewer district will be consistent for all three subject parcels; however the water district will be consistent for the Miller and Niemeyer (Wellerson) properties because the Christianson property is currently served with city water.

Nafstad concluded by stating the proposed improvements are feasible and necessary in order to provide growth opportunities to those properties reviewed. The improvements will be most cost-effective if one extension project is designed and constructed to serve all three (3) parcels, rather than extending service on a property-by-property or plat-by-plat basis. The City, its financial experts, and the persons assessed will have to determine the economic feasibility of the proposed improvements.

Mayor Klecker asked if the Council had any questions or concerns for staff. Hearing no comments Klecker turned it over to the property owners to express their concerns with the proposed extension of municipal improvements.

Mr. Miller of 6593 Kadler Avenue NE pointed out to the Council how much it is going to cost him should he continue farming his land for an additional 20 years. Miller estimated that should he decide to development his land in 20+ years, his assessment will be approximately $750,000. Miller reminded the Council that he is not interested in connection to city sewer and water, nor will he benefit from the installation of the street. Miller was very much opposed to the proposed project.

There was a dispute regarding the assessment and how much interest will be accrued over the years. Council member Fay inquired about Otsego’s proposed Kadler Avenue NE Interchange and how that will affect Miller’s property. Nafstad reported that Kadler Avenue NE would be 100’s of feet from the Miller property. Nafstad confirmed that the road and connection is not for the Millers. It is a rather cost intensive project that the Miller’s are not ready to develop.

Ellen Miller of 6593 Kadler Avenue NE shared with the Council that she did not agree with the proposed development becoming a benefit to her property. Miller informed the Council and staff that she has no intentions today or in the near future of developing her property. Miller reported that if she were to develop, it would be many years into the distant future. Miller did not see how the construction of the road would benefit her property as she will continue to use the access off of Kadler Avenue NE.

Council asked if the sewer to the north at the cul-de-sac was included in the proposed project. Which Nafstad confirmed that the sewer to the north at the cul-de-sac is included in the proposed project.

Council then inquired why can’t the Miller property have access along CSAH 37 and why does it have to be at the cul-de-sac. Staff reported that the Miller’s are not interested in the road connection at this time and the County will only allow one inlet. There was discussion as to whether the street will be considered a private or public road. Council asked if there was a possibility to make the road private. Staff reported that because Mr. Niemeyer’s development has two lots, it would require it to be a public road.

Mayor Klecker invited Mr. Niemeyer to share his concerns of the proposed development with the Council.

Mr. Niemeyer of 7918 Troy Lane, Maple Grove, MN went over the history of the site. Niemeyer originally only wanted 5 acres to relocate his business to Albertville. During the process, Niemeyer and Wellerson found out that in order to obtain access the County wants Karston Avenue NE to be aligned with the site’s proposed access. Following the review of the road connection and taking into consideration the delineation on the site, Niemeyer began working closer with Wellerson to develop the entire buildable acreage of the site. Niemeyer continued by stating that because of the fire code requirements, the road needs to be approximately 60-feet or more in width for the trucks to maneuver around. Niemeyer informed the Council and staff that he wants to work with the Miller’s in the connection of the sewer, water, and construction of the streets since they will become neighbors.

It was discussed as to having it become a private connection, which is accomplishable. This would include the sewer, water, and street. Staff confirmed that it could be constructed as a private connection with the stipulation that it would require upgrading when the other lots are ready for development and the adjoining property owners are aware of the necessary expenses associated with the upgrade. City Planner Brixius recommended that should the City develop this as a private connection, the City should obtain the necessary easements needed for any and all future upgrades to the adjoining properties. Brixius suggested this would make it clean and clear so that when the day comes to develop the other lot or the Miller and Christianson property the necessary easements would be in place to do so.

After careful consideration, Council has directed staff to amend the Feasibility Report (Study) to incorporate the suggestion of a private connection with the potential development of the adjoining properties.

MOTION BY Council member Vetsch, seconded by Council member Wagner to table Resolution No. 2008-027 entitled Resolution Accepting the Feasibility Report (Study) for the Extension of Municipal Improvements along CSAH 37 between 64th Street NE and Kadler Avenue NE and with Conditions Authorize the Preparation of Plans and Specifications and Direct Staff to Prepare an Ordinance to Establish a Sewer and Water Sub-District as Identified in the Feasibility Report (Study) until the July 7, 2008 meeting or a meeting soon thereafter, which staff will prepare an amended Feasibility Report (Study) incorporating the comments and suggestions made this evening. Motion carried unanimously.

Accept the Assistant City Engineer’s Progress Report dated May 27, 2008

Council members accepted the Assistant City Engineer’s Progress Report dated May 27, 2008 as presented in the June 2, 2008 City Council packet.

LEGAL

Accept the City Attorney’s Report

Council members accepted the Assistant City Engineer’s Progress Report dated May 27, 2008 as presented in the June 2, 2008 City Council packet.

ADMINISTRATION

Accept the City Administrator’s Written Report dated June 2, 2008

Mayor Klecker asked the Council if they had any questions regarding the City Administrator’s report. City Clerk Miller brought to the Council’s attention that Administrator Kruse noted in his report that the Wireless Committee would like to meet with the Council to discuss wireless options within Albertville. Miller stated that June 30, 2008 is a Committee of the Whole Workshop and suggested placing the Wireless Committee on the agenda. After careful consideration, the Council agreed on having a Committee of the Whole Workshop following the Monday, July 7, 2008 regular City Council meeting. During the workshop the Council and Wireless Committee could discuss the wireless concerns.

Council members accepted the City Administrator’s Written Report dated May 30, 2008 as presented in the June 2, 2008 regular City Council packet.

CSAH 19 North Road Improvements

Mayor Klecker shared some of his concerns on the outcome of the joint meeting held with the cities of Albertville and Otsego. Klecker was in favor of Albertville continuing to move forward with the consideration of developing CSAH 19 North from the 67th Street NE to 70th Street NE.

Central Lakes Regional Sanitary District

Council member Vetsch reported that the Central Lakes Regional Sanitary District (CLRSD) is looking to buy phosphorus credits from the City of Albertville. Utilities Superintendent Middendorf informed the Council that the Wastewater Treatment Plant is designed to treat 930,000 gallons per day, which the city is currently treating 500,000 gallons per day. At this existing time, the City of Albertville has a phosphorus limit of 1 mg/L. At this present flow of 500,000 gallons per day, Albertville discharges approximately 1.89 Kg/day of phosphorus.

Staff confirmed that CLRSD is looking to purchase credits in the amount of 248 Kg/per year of phosphorus. Staff calculated this would be 180,000 gallons per day. Middendorf went on to explain that several Wastewater Treatment Plants in Minnesota are currently buying and or selling phosphorus credits. Middendorf researched what the going rate for purchasing phosphorus credits, which ranges from $12.00 to $15.00 per Kg. Should the Council authorize staff to sell phosphorus credits to CLRSD, this would be approximately $3,000 to $3,700 per year revenue.

MOTION BY Council member Fay, seconded by Council member Berning to accept the option of selling excess reserves of phosphorus credits to the Central Lakes Regional Sanitary District (CLRSD) at $15.00 per Kg. Motion carried unanimously.

ANNOUNCEMENTS and or UPCOMING MEETINGS

Mayor Klecker noted the upcoming meetings – calendar of events.

June 2008
9 6:00 p.m. STMA Ice Arena Board meeting
10 7:00 p.m. Planning and Zoning Commission meeting
13 5:00 p.m. Albertville Friendly City Days Softball Challenge
16 7:00 p.m. City Council meeting
18 TBA Wright County Mayors’ Association quarterly meeting
23 6:00 p.m. Joint Powers Water Board meeting
30 7:00 p.m. Committee of the Whole Workshop (tentative)

July 2008
4 all day Independence Day observed – City Offices closed
7 7:00 p.m. City Council meeting
8 7:00 p.m. Planning and Zoning Commission meeting
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
28 7:00 p.m. Committee of the Whole Workshop (tentative)

August 2008
4 7:00 p.m. City Council meeting
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
25 6:00 p.m. Joint Powers Water Board meeting
25 7:00 p.m. Committee of the Whole Workshop (tentative)

ADJOURNMENT

MOTION BY Council member Vetsch, seconded by Council member Berning to adjourn the Monday, June 2, 2008 regular City Council meeting at 9:40 p.m. Motion carried unanimously.

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