City Council Meeting Minutes

Tuesday, September 2, 2008
Albertville City Hall 7:00 PM

PLEDGE OF ALLEGIENCE

Mayor Klecker called the Albertville City Council meeting to order at 7:05 p.m. followed by the Pledge of Allegiance.

ROLL CALL

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

ABSENT: none

RECOGNITIONS – PRESENTATIONS – INTRODUCTIONS – no comments

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.

There were no members of the audience that wished to speak to the Council regarding an issue that was not already on the agenda.

AMENDMENTS TO THE AGENDA

Mayor Klecker asked if there were any amendments to the agenda. City Administrator Kruse added an item under Public Works: 8.B.3. Central Park Improvement and under Legal: 8.J.5. Prairie Run Litigation; Council member Berning added an item under Administration: 8.K.2. Discussion of Meetings. Klecker asked for a motion to approve the agenda as amended.

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

MINUTES

August 18, 2008 regular City Council minutes

Mayor Klecker asked the Council if there were any changes needed to be made to the Monday, regular City Council minutes. Upon hearing no comments from the Council, Mayor Klecker then asked for a motion to approve the August 18, 2008 regular City Council minutes as presented.

MOTION BY Council member Wagner, seconded by Council member Fay to approve the Monday, August 18, 2008 regular City Council minutes as presented, which a signed copy will be scanned and an electronic copy will be kept 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 inquired if the Council members or staff wanted any of the items pulled from the September 2, 2008 Consent Agenda. The following items were pulled from the Consent Agenda for further discussion and or explanation 8.E.4.; 8.E.5.; 8.E. 6.; 8.H.1.; and 8.H.2.

Mayor Klecker asked for a motion to approve the September 2, 2008 Consent Agenda pulling the following items 8.E.4. Finance - Approval Resolution No. 2008-046 entitled a Resolution Adopting the 2008 Tax Levy Collectible in 2009; 8.E.5. Finance - Approval Resolution No. 2008-047 entitled a Resolution Adopting the 2009 Preliminary Budget; 8.E.6. Finance - Approval Resolution No. 2008-048 entitled a Resolution Accepting the Capital Improvement Plan (CIP); 8.H.1.; Planning - Approval Ordinance No. 2008-007 related to signage; and 8.H.2. Planning - Approve Ordinance No. 2008-008 related to Parkside Commercial.

MOTION BY Council member Wagner, seconded by Council member Berning to approve the Tuesday, September 2, 2008 Consent Agenda pulling items 8.E.4. Finance - Approval Resolution No. 2008-046 entitled a Resolution Adopting the 2008 Tax Levy Collectible in 2009; 8.E.5. Finance - Approval Resolution No. 2008-047 entitled a Resolution Adopting the 2009 Preliminary Budget; 8.E.6. Finance - Approval Resolution No. 2008-048 entitled a Resolution Accepting the Capital Improvement Plan (CIP); 8.H.1.; Planning - Approval Ordinance No. 2008-007 related to signage; and 8.H.2. Planning - Approve Ordinance No. 2008-008 related to Parkside Commercial, which the items 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

FIRE DEPARTMENT – no comments

PUBLIC WORKS DEPARTMENT

*Approve Replacement of Skid Steer Loader through Bobcat Buy Back Program

MOTION BY Council member Wagner, seconded by Council member Berning to approve the Replacement of Skid Steer Loader through Bobcat Buy Back Program, which the items 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.

Accept the Public Works Supervisors Report dated August 25, 2008

Mayor Klecker asked the Council members if they had any questions or concerns for the Public Works Supervisor regarding the August 25, 2008 Public Works Report.

Public Works Supervisor Guimont informed the Council he would like to discuss an item that was not included in the report. Guimont went on to explain that the Albertville Friendly City Days “Queen’s Committee” approached him once again asking for permission to use and take the City vehicle to a parade in Wisconsin. Guimont shared with the Council that the Committee asked to do this in 2007, which the Council did not allow the Queen’s Committee to take a city vehicle to a parade out-of-state.

The Council directed staff to report back to the Queen’s Committee that the permission to use a city vehicle to pull the Albertville Friendly City Days float is for local community events only.

Following the discussion regarding the use of a city vehicle, the Council proceeded to accept the Public Works Supervisor’s Report dated August 25, 2008 as presented in the Tuesday, September 2, 2008 City Council packet.

Central (City) Park Improvements – Parking Lot and Green Space

City Administrator Kruse reported that Albertville’s Central-City Park is the main park that hosts a playground, ball fields, ice rink, soccer field, park shelters, and the annual Albertville Friendly City Days carnival that includes other various city functions for Friendly City Days. The City has, in the past and more recently, purchased land from the Railroad to expand or acquire railroad land that was used for park purposes.

Kruse went on to report that the current parking lot is fairly undefined and is located on poor sub-soils. In the spring, through the first part of May the parking lot is at times unusable due to soft spots. This spring the garbage truck was mired down in one of those spots. A proposed project is to create additional green space and to improve the parking area. According to City Planner Brixius, this improvement should enhance the use of the overall park. However, improvements to the park have been done without the benefit of an overall master plan. In this light, individual improvements are not being reviewed with regards to the larger vision of the park.

After hearing the proposal from staff, Council member Berning recommended waiting until the STMA Arena proposal came before the Council. Other Council members inquired as to what exactly would be proposed. Council had concerns with Options 1 and 2. If the City were going to proceed with the Central-City Park Improvements, which Council expressed concerns with Option 1 and the future paving of the parking lot? Council added “IF” the City goes with Option 1; what happens in 10+ years when the City decides to pave the parking lot. At that time, the contractor may want to remove some or all of the material prior to paving the lot, which would defeat the purpose of preparing the parking lot today. Below is the motion that was made regarding the Central-City Park Improvement.

MOTION BY Council member Wagner, seconded by Council member Fay to approve Option 3 at a cost not to exceed $22,886.12, broken down $3,000 for Public Works doing all the work, hiring minor contractor work at time and material; $11,046.31 for the 575’ of green treated wood for fencing; $3,000 for bollards for the fencing; $2,500 for black dirt; $500 for seed and fertilizer; $1,600 for irrigation; $1,089.82 for Engineering, Legal, Planning, and Administration costs. Motion carried unanimously.

UTILITIES DEPARTMENT (WWTP) – no comments

BUILDING DEPARTMENT – no comments

FINANCE DEPARTMENT

MOTION BY Council member Wagner, seconded by Council member Berning authorizing the Tuesday, September 2, 2008 Payment of Claims (bills) for check -numbers 026066 to 026113 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. The checks and supporting documents will be scanned and kept electronically on file in the office of the Finance Director. Motion carried unanimously.

*Approval Resolution No. 2008-043 entitled a Resolution Certifying Uncollected Utility Bills and Delinquent Invoices to Wright County for Collection with Real Estate Taxes

MOTION BY Council member Wagner, seconded by Council member Berning to approve Resolution No. 2008-043 entitled a Resolution Certifying Uncollected Utility Bills and Delinquent Invoices to Wright County for Collection with Real Estate Taxes, which will require a separate discussion from the Consent Agenda and a separate motion from the Consent Agenda; and a signed copy will be scanned and an electronic copy will be kept on file in the office of the City Clerk. Motion carried unanimously.

*Set Monday, December 1, 2008 for the 2008 Truth-in-Taxation Hearing beginning at 6:30 p.m.; and Monday, December 15, 2008 beginning at 6:30 p.m. to continue the Truth-in-Taxation Hearing if necessary

MOTION BY Council member Wagner, seconded by Council member Berning to approve setting Monday, December 1, 2008 for the 2008 Truth-in-Taxation Hearing beginning at 6:30 p.m.; and Monday, December 15, 2008 beginning at 6:30 p.m. to continue the Truth-in-Taxation Hearing if necessary, which will require a separate discussion from the Consent Agenda and a separate motion from the Consent Agenda. The Finance Director will notify Wright County Government Center the date(s) that have been set. Motion carried unanimously.

Approval Resolution No. 2008-046 entitled a Resolution Adopting the 2008 Tax Levy Collectible in 2009

Approval Resolution No. 2008-047 entitled a Resolution Adopting the 2009 Preliminary Budget

Council wanted confirmation from staff regarding the percentage amount in the 2009 Preliminary Budget, which from Council’s recollection was lower.

Staff confirmed that the percentage amount that is presented in the 2009 Preliminary Budget is the correct amount that was agreed upon by the Council. Staff noted that, yes the amount was lower during the Budget Workshop, but Council discussed and took into account other Levy requirements resulting in the percentage amount needing to be increased by the end of the Budget Workshop. Lannes reiterated that the percentage is per Council direction; however, staff would like to see the percentage higher.

MOTION BY Council member Berning, seconded by Council member Wagner to approve Resolution No. 2008-046 entitled a Resolution Adopting the 2008 Tax Levy Collectible in 2009, which was removed from the Consent Agenda and is being considered in its normal sequence on the agenda that requires a separate discussion from the Consent Agenda and a separate motion from the Consent Agenda; and a signed copy will be scanned and an electronic copy will be kept on file in the office of the City Clerk. Motion carried unanimously.

MOTION BY Council member Berning, seconded by Council member Wagner to approve Resolution No. 2008-047 entitled a Resolution Adopting the 2009 Preliminary Budget, which was removed from the Consent Agenda and is being considered in its normal sequence on the agenda that requires a separate discussion from the Consent Agenda and a separate motion from the Consent Agenda; and a signed copy will be scanned and an electronic copy will be kept on file in the office of the City Clerk. Motion carried unanimously.

Approval Resolution No. 2008-048 entitled a Resolution Accepting the Capital Improvement Plan (CIP)

Council wanted to briefly review the Capital Improvement Plan once more before approval. The areas that were of concern were the purchase of equipment in the Public Works Department. Council wanted a notation in the Resolution or on the Capital Improvement Plan, that these purchases will be carefully considered taking into account the budget constraints.

Staff acknowledged the Council’s request and stated they would include the notation at the bottom of the Capital Improvement Plan, which would be included with Resolution No. 2008-048.

MOTION BY Council member Berning, seconded by Council member Wagner to approve Resolution No. 2008-048 entitled a Resolution Accepting the Capital Improvement Plan (CIP) and hold on Capital purchases, unless deemed necessary, if possible until 2010 due to budget constraints, which was removed from the Consent Agenda and is being considered in its normal sequence on the agenda that requires a separate discussion from the Consent Agenda and a separate motion from the Consent Agenda; and a signed copy will be scanned and an electronic copy will be kept on file in the office of the City Clerk. Motion carried unanimously.

Declare the City Council intent to provide property owners in the newly created CSAH 37 West Utility District the opportunity assess their connection charge over a ten year period at an interest rate of 6.2% provided they submit a signed Assessment Agreement waiving their rights to appeal and waiving any irregularities by December 1, 2008

Finance Director Lannes reported that the City has authorized development of Plans and Specifications to bid a Water and Sewer Project known as the CSAH 37 West Utility Extension Project. The project affects three landowners and is unique in that the City will create a separate Water and Sewer District, which will require establishing a separate connection charge system to fund the cost of the improvements.

The City has received a request from one of the properties to assess the cost of the connection charge over a ten (10) year period.

Council wanted clarification or confirmation on how may landowners this proposal will affect, which staff confirmed that this project will affect three (3) property owners who have all been notified of the project.

MOTION BY Council member Wagner, seconded by Council member Berning to declare the City Council intent to provide property owners in the newly created CSAH 37 West Utility District the opportunity to assess their connection charge over a ten year period at an interest rate of 6.2% provided they submit a signed Assessment Agreement waiving their rights to appeal and waiving any irregularities by December 1, 2008. Motion carried unanimously.

CITY CLERK – no comments

CITY COUNCIL – no comments

PLANNING AND ZONING

Approval Ordinance No. 2008-007 entitled an Ordinance Amending Title 10, Chapter 7, Section 8 of the Albertville Municipal City Code Relating to Wall Signs Accessory to Single Occupancy Commercial or Community Store Uses; Single Occupancy Industrial Uses; Multiple Occupancy, Commercial and Industrial Uses, Including Shopping Centers

City Planner Brixius reported that the Albertville Planning and Zoning Commission members reviewed the proposed Ordinance No. 2008-007 at the July and August 2008 commission meetings. Included in the proposed Ordinance are the changes and recommendations of the Albertville Planning and Zoning Commission members.

Brixius went on to explain that each of the proposed options expand signage opportunities above the current regulations. The Planning and Zoning Commission recommends approval to the City Council the option they felt best addresses the sign issues relating to wall signs accessory to single occupancy commercial or community store uses, signs accessory to single occupancy industrial uses, and accessory signs for multiple occupancy, commercial and industrial uses, including shopping centers, as stated in the attached Ordinance amendment options. Staff recommends Option 2.

MOTION BY Council member Berning, seconded by Council member Fay to approve Ordinance No. 2008-007 entitled an Ordinance Amending Title 10, Chapter 7, Section 8 of the Albertville Municipal City Code Relating to Wall Signs Accessory to Single Occupancy Commercial or Community Store Uses; Single Occupancy Industrial Uses; Multiple Occupancy, Commercial and Industrial Uses, Including Shopping Centers, which was removed from the Consent Agenda and is being considered in its normal sequence on the agenda that requires a separate discussion from the Consent Agenda and a separate motion from the Consent Agenda; and a signed copy will be scanned and an electronic copy will be kept on file in the office of the City Clerk. Motion carried unanimously.

Approve Ordinance No. 2008-008 amending the Official Zoning Map of the City of Albertville, Relating to the Property at Parkside Commercial Center, Located West of CSAH 19 and North of 57th Street NE

City Planner Brixius began by informing the City Council that Trident Development, on behalf of Merlin Bird Properties, LLC, has applied for a change of zoning for Parkside Commercial Center, which is located west of CSAH 19 and north of 57th Street NE – at 10900 to 11004 57th Street NE. The property is 5.33 acres in size and is legally described as Lot 2, Block 1, Parkside Commercial Center. The site is currently zoned B-2A Special Business District, and the request is to rezone the property to Planned Unit Development (PUD) District in order to expand the permitted uses on the site.

Brixius went on to explain that since the approval on May 16, 2005 for three office buildings, the Zoning Ordinance allowed for Commercial PUDs in the B-2A Zoning District through the Conditional Use Permit (CUP) process and subject to the requirements of Section 2700 of the Zoning Ordinance the CUP/PUD was repealed in favor of a Planned Unit Development (PUD) Zoning District.

Brixius reported that Staff is recommending that the improvements as detailed on the Landscape Plan be installed before any more improvements shall be allowed on the site, including allowing additional tenants in the existing building, constructing additional building(s), and so on, with a final deadline of landscape improvements to be completed prior to reduction of their letter of credit.

As explained earlier, the applicant wishes to expand the list of approved uses for the site, but is currently limited by the existing CUP/PUD conditions. The expansion of uses would broaden the range of land uses allowed in the Parkside Commercial Center. Besides the already-approved uses in the original Conditional Use Permit (CUP), the applicant is proposing to allow additional specific uses in each individual building at Parkside Commercial Center.

Brixius reviewed the recommendations that were included in the Planner’s Memo, which reported that the Parkside Commercial Center site contains unique physical and geographical constraints, including:

1) Single family residential homes on the west boundary;
2) Multi-family residential homes south of 57th Street NE; and
3) A single point access off of 57th Street NE.

The original conditional use permit was approved with a list of specific identified uses that were to be allowed within the buildings in order to address concerns raised from numerous neighboring property owners. Those concerns included issues such as headlights, traffic noise, traffic spacing, screening, lighting, and so on.

Rezoning the Parkside Commercial Center property to Planned Unit Development and allowing additional uses to be allowed on the site comes down to a policy decision for the City, whether or not they want to broaden the uses allowed on the site or not. The property owners have indicated difficulty in leasing out the existing space, which only includes one of the three buildings currently. Allowing additional uses would hopefully further promote the leasing of the space and full build out of the site.

However, neighboring property owners have voiced concerns over the maintenance and upkeep of the existing site (see Exhibit B). As such, the expansion of uses must be sensitive to the compatibility concerns of the neighborhood.

If the Planning and Zoning Commission finds that the proposed change of zone and additional uses (as outlined in the above-referenced table) are generally consistent with the Zoning Ordinance, then staff recommends that the Planning Commission recommend approval of the rezoning of Parkside Commercial Center and that the following conditions be required as part of the approval:

1). Landscape improvements must be installed according to the approved landscape plan and completed prior to release of any letter of credit.

2). The Animal veterinary clinics shall be allowed in all three buildings and shall read as follows: Animal veterinary clinics (small animal) (with no overnight care) (no pet boarding), as regulated by chapter 2300 of this ordinance.

3). The specific service business uses (on-site services only) allowed within each building shall be listed, instead of allowing on-site service businesses in general, and subject to review and approval of the City.

4). A definition of Assembly Use shall be added to the PUD agreement: “Assembly Use: An accessory use to an office business where people come together, congregate or meet for the purpose of training, conducting business, education, or counseling.”

5). Assembly uses shall be subject to a Conditional Use Permit approval obtained prior to occupancy for Buildings no. 10904 and no. 10900, provided the following conditions are met:

a) Leasehold occupancy only;
b) Assembly use shall be accessory to a permitted office use;
c) Assembly use floor area not to exceed 1,500 square feet;
d) No outdoor activities allowed; and
e) The assembly use shall not conflict with or result in a parking shortage within the PUD site per Albertville’s parking requirements.

6). The Planning Commission and City Council must determine the appropriateness of any retail uses within the PUD. If acceptable, staff recommends: Retail uses shall be subject to a site and building plan approval obtained prior to occupancy for the no. 11004 Building.

7). The Planning Commission and City Council must determine the appropriateness of any retail uses within the PUD. If acceptable, staff recommends: Bakery goods and baking of goods for retail sales on premises shall be subject to a site and building plan approval obtained prior to occupancy for the no. 11004 Building.

8). If the Planning Commission and City Council finds convenience foods acceptable for Building #11004, staff recommends that it be processed as a conditional use permit within the B-2A Zoning District.

9). The Common Interest Community (CIC) declaration, by-laws, and related association documents shall be revised as needed and shall be subject to the review and approval of the City Attorney.

10). The Developer’s Agreement shall be revised as needed and shall be subject to the review and approval of the City Attorney.

Proposed Uses for Parkside Commercial Center Buildings:
(As proposed by Applicant with Staff’s Recommendations)
No. 10904 57th Street NE No. 10900 57th Street NE No. 11004 57th Street NE
Animal Veterinary Clinics
• Small animal
• No pet boarding
• No overnight care
• As regulated by Chapter 2300 Animal Veterinary Clinics
• Small animal
• No pet boarding
• No overnight care
• As regulated by Chapter 2300 Animal Veterinary Clinics
• Small animal
• No pet boarding
• No overnight care
• As regulated by Chapter 2300
Government and public related office use Government and public related office use Government and public related office use
Service business
• On-site service only
• List the specific service businesses allowed Service business
• On-site service only
• List the specific service businesses allowed
-OR-
• Allow through Conditional Use Permit approval Service business
• On site services only
• List the specific service businesses allowed
-OR-
• Allow through Conditional Use Permit approval
Assembly Use
• Leasehold occupancy only
• Assembly use floor area not to exceed 1,500 square feet
• No planned outdoor activities allowed
• Satisfactory arrangement for parking are provided
• Add a definition of Assembly Use to Zoning Ordinance Assembly Use
• Leasehold occupancy only
• Assembly use floor area not to exceed 1,500 square feet
• No planned outdoor activities allowed
• Satisfactory arrangement for parking are provided
• Add a definition of Assembly Use to Zoning Ordinance Convenience food
• Must obtain Conditional Use Permit prior to occupancy
Bakery goods and baking of goods for retail sales on premises
Subject to approval
Retail
Subject to site and building plan approval

Brixius stated that the biggest concern of the Planning and Zoning Commission was the potential of high volume uses, which would create more traffic than other uses for the site. Brixius concluded by stating that upon review of the staff report and hearing public testimony, the Planning and Zoning Commission recommended that the City Council approve the rezoning request for Parkside Commercial Center from B-2A Special Business District to Planned Unit Development (PUD) District subject to the conditions outlined in Ordinance No. 2008-008. Retail uses, retail sales of bakery goods, and convenience foods were not recommended as allowed uses by the Planning and Zoning Commission in the Parkside Commercial Center.

Council questioned what the Fire Department standards for maximum occupancy were, which staff reported the Fire Department maximum is 100 and New Horizon Church’s maximum is 80.

Council also expressed their concern with the amount of traffic that already exists on 57th Street NE and how much more traffic will be created with the approval of rezoning to allow for an assembly such as a church. The amount of traffic that will be created by a church will arrive and depart at about the same time; whereas, restricting the zoning to lower volume uses the traffic will be more sporadic.

The majority of the discussion focused on the amount of traffic that would be on 57th Street NE.

MOTION BY Council member Wagner, seconded by Council member Berning to approve Ordinance No. 2008-008 amending the Official Zoning Map of the City of Albertville, Relating to the Property at Parkside Commercial Center, Located West of CSAH 19 and North of 57th Street NE and with staff’s amendments that will be included in the final version of the Ordinance when presented to the City Clerk, which will include the following language:

1. Assembly Uses shall be subject to an Administrative Permit obtained prior to occupancy for Buildings no. 10904 and no. 10900, provided the following conditions are met:

a. Leasehold occupancy only;
b. Assembly use shall be accessory to a permitted office use;
c. Assembly use floor area not to exceed 1,500 square feet for the entire Parkside Commercial PUD, located at Lot 2, Block 1, Parkside Commercial Center;
d. No outdoor activities allowed; and
e. The assembly use shall not conflict with or result in a parking shortage within the PUD site per Albertville’s parking requirements.

which was removed from the Consent Agenda and is being considered in its normal sequence on the agenda, which requires a separate discussion from the Consent Agenda and a separate motion from the Consent Agenda; and a signed copy will be scanned and an electronic copy will be kept on file in the office of the City Clerk. Mayor Klecker, Council members Berning, Wagner, and Fay voted aye. Council member Vetsch voted nay.

Approve Ordinance No. 2008-009, entitled an Ordinance amending the official Zoning Map of the City of Albertville, relating to the property at 10172 65th Street NE, located south of Burlington Northern Railroad Right-of-Way, north of 65th Street NE, and east of Kadler Avenue NE; and approve Resolution No. 2008-045, entitled a Resolution Approving a Preliminary Plat known as NIEMEYER TRAILER SALES, and a Conditional Use Permit (CUP) to allow Trailer Sales and a Conditional Use Permit (CUP) to allow Outdoor Storage at the location of 10172 – 65th Street NE, located south of Burlington Northern Railroad Right-of-way, north of 65th Street NE, and east of Kadler Avenue NE

City Planner Brixius informed the Council that Tim Niemeyer has applied for a Preliminary Plat known as Niemeyer Trailer Sales, and shall include Lots 1, 2, 3, and Outlot A, Block 1. The property is currently zoned I-1, Limited Industrial, and the request is to rezone the property to Planned Unit Development (PUD) with BW Business-Warehouse Zoning District standards. There are two (2) Conditional Use Permit (CUP) requests, which are a Conditional Use Permit (CUP) to allow Trailer Sales and a Conditional Use Permit (CUP) to allow Outdoor Storage at the location of 10172 – 65th Street NE, located south of Burlington Northern Railroad Right-of-way, north of 65th Street NE, and east of Kadler Avenue NE.

Brixius concluded with the Planning and Zoning Commission members recommendation, which is included in Resolution No. 2008-045 stating that based on review of the evidence received, the City Council now makes the following findings of fact and decision:

A. The site is legally described as All that part of the Southwest Quarter of the Northwest Quarter south of the Burlington Northern Railroad, EXCEPT the west 507 feet, in Section 35, Township 121, Range 24, Wright County, Minnesota.
B. The planning report, dated August 7, 2008, from Northwest Associated Consultants is incorporated herein.
C. The City Engineer’s memo, dated July 25, 2008, from Bolton & Menk, Inc. is incorporated herein.
D. The proposed preliminary plat meets all required subdivision and zoning standards of the BW Zoning District.
E. The proposed actions have been considered in relation to the specific policies and provisions of and have been found to be consistent with the Comprehensive Plan.
F. The proposed uses – trailer sales and outdoor storage – are and will be compatible with present and future land uses of the area.
G. The proposed uses conform with all performance standards contained within the Zoning Ordinance.
H. The proposed uses will not tend to or actually depreciate the area in which it is proposed.
I. The proposed use can be accommodated with existing public services and will not overburden the city’s service capacity.
J. Traffic generated by the proposed use is within the capabilities of streets serving the property.

Decision: Based on the foregoing information and applicable Ordinances, the City Council hereby APPROVES the preliminary plat by Meyer-Rohlin Inc.(received July 17, 2008), known as Niemeyer Trailer Sales; a conditional use permit to allow motor vehicle (trailer) sales, leasing/rental, service and repair; a conditional use permit for outside storage; and a site and building plan review, based on floor plans and elevations by Larson Associates, Inc. (dated August 4, 2008) and plans by Meyer-Rohlin, Inc. (dated August 1, 2008 and revised August 22, 2008), subject to the following conditions:

Preliminary Plat:
1. Approval of the change of zone request from I-1, Limited Industrial, to PUD, Planned Unit Development with BW, Business Warehouse District standards applied.
2. The first curb cut access shall be shifted to the north in order to meet the required 40-foot setback from the intersection of the lot lines.
3. Comments and conditions provided by the City Engineer, according to the memorandum dated July 25, 2008.
4. The applicant shall give a park dedication cash contribution in lieu of land dedication to the City (11-2-7A5). The amount of the required cash contribution shall be calculated based upon rates established by the City and in effect as of the date of the release of the final plat for filling (11-7-8-2.A.1).
5. Prior to approval of the final plat, the applicant shall have executed a Developer’s Agreement with the City controlling the installation of all required improvements. Said agreement will require all improvements to comply with approved engineering standards and applicable regulations.
6. The applicant shall record the final plat with the County Registrar of Titles within one hundred twenty (120) days, or the approved final plat shall be considered void.
7. When the City deems appropriate, the private street Outlot shall be dedicated as a public right-of-way to the City at no cost to the City.

Conditional Use Permits:
1. The outdoor storage of waste material, debris, refuse, damaged vehicles, and junk vehicle parts and the like shall be contained within a specifically defined area of the site no greater than ten percent (10%) of the total site area.
2. The outdoor repair of motor vehicles or motor vehicle parts anywhere on the property is prohibited.
3. The site plan illustrates the limits of the outdoor sales lot. Unpaved portions of the sales lot shall be paved when _______________.
4. The required off street parking shall not be used for outdoor sales or storage and shall be specifically marked for customer or employee use. Striping of the designated stalls on both the west and east sides of the building may be deferred until mandated by the City.
5. The proposed grading and drainage system shall be subject to the review and approval of the City Engineer.
6. If additional lighting is proposed for the outdoor sales area, customer parking area, or any other location, an updated Lighting Plan shall be submitted.
7. All lighting shall be hooded – ninety degree (90 degree) cutoff lighting that directs lighting downward away from the public right-of-way and so that no light or glare shines on adjacent property, buildings or structures.
8. The Landscape Plan shall be updated to include the following: the Black Hills Spruce Trees shall be increased to 6 to 8 feet in height; the Black Hills Spruce Trees shall be relocated to the north sides of the swales, starting at the edge of the bituminous surface with a 35 foot spacing and continuing north directly between the gravel surface and the stormwater pond; and approved species of wetland shrubs (i.e., dogwoods) shall be staggered with the Black Hills Spruce Trees on the south side of the swales and continuing north between the gravel surface and the stormwater pond; the proposed Fat Albert Spruce Trees on the east side of the bituminous surface shall be increased to 6 to 8 feet in height; the Plant Schedule Table shall be updated to include the quantities of plantings proposed; and a Landscape Guarantee shall be provided by the applicant.
9. The building shall be shifted slightly to the north to meet the Parking requirements.
10. Comments and conditions provided by the City Engineer, according to the memorandum dated July 25, 2008.

Brixius went on to explain that the customer and employee parking will be stripped. Should there be a need for additional stripping; the applicant agrees to accommodate the request to add the stripping. Brixius pointed out that the first 30 feet of the current driveway will be eliminated and the back portion will be retained only for maintenance purposes. The construction of the private road will meet the County and City’s requirements, which includes aligning the road with Karston Avenue NE. There was confusion regarding the future five (5) foot easement that would be required from the Miller’s. That would take place at the time the Miller’s decide to develop their property and would use the private road, which would at that time become a public road.

Mr. Niemeyer had a couple requests, of which one was to re-locate the billboard that is within the plat.

Staff reported that the billboard is a non-conforming billboard; therefore the potential of re-locating would require meeting the I-94 Corridor Spacing Standards.

MOTION BY Council member Berning, seconded by Council member Fay to Ordinance No. 2008-009, entitled an Ordinance amending the official Zoning Map of the City of Albertville, relating to the property at 10172 65th Street NE, located south of Burlington Northern Railroad Right-of-Way, north of 65th Street NE, and east of Kadler Avenue NE contingent on approval of the Developer’s Agreement, and with staff’s recommendations and amendments made this evening per Council approval that will be included in the final version of the Ordinance when presented to the City Clerk, which a signed copy will be scanned and an electronic copy will be kept on file in the office of the City Clerk. Motion carried unanimously.

MOTION BY Council member Berning, seconded by Council member Fay to approve Resolution No. 2008-045, entitled a Resolution Approving a Preliminary Plat known as NIEMEYER TRAILER SALES, and a Conditional Use Permit (CUP) to allow Trailer Sales and a Conditional Use Permit (CUP) to allow Outdoor Storage at the location of 10172 – 65th Street NE, located south of Burlington Northern Railroad Right-of-way, north of 65th Street NE, and east of Kadler Avenue NE contingent on approval of the Developer’s Agreement, revised landscape plans and amendments at the time of Final Plat and with staff’s recommendations and amendments made this evening per Council approval that will be included in the final version of the Ordinance when presented to the City Clerk, which a signed copy will be scanned and an electronic copy will be kept on file in the office of the City Clerk. Motion carried unanimously.

ENGINEERING

*Approve a Grading Permit for the proposed Niemeyer Trailer Sales plat conditioned upon Council approval of the preliminary plat, execution of the “Grading Contract”, its conditions and the conditions stated in the Tuesday, August 26, 2008 Engineering memorandum

MOTION BY Council member Wagner, seconded by Council member Berning to approve a Grading Permit for the proposed Niemeyer Trailer Sales plat conditioned upon Council approval of the preliminary plat, execution of the “Grading Contract”, its conditions and the conditions stated in the Tuesday, August 26, 2008 Engineering memorandum, which will require a separate discussion from the Consent Agenda and a separate motion from the Consent Agenda; and a copy of the Grading Contract will be scanned and an electronic copy will be kept on file in the office of the Building Department and or with the City Engineer. Motion carried unanimously.

*Approve Plans and Specifications for Franklin Property located at 5720 Barthel Industrial Drive NE for Extension of Sewer that is spelled out in Resolution Number 2008-050 entitled Resolution Ordering Improvement, Approving Plans and Specifications and Authorizing the Advertisement for Bids

MOTION BY Council member Wagner, seconded by Council member Berning to approve Plans and Specifications for Franklin Property located at 5720 Barthel Industrial Drive NE for Extension of Sewer that is spelled out in Resolution Number 2008-050 entitled Resolution Ordering Improvement, Approving Plans and Specifications and Authorizing the Advertisement for Bids, which will require a separate discussion from the Consent Agenda and a separate motion from the Consent Agenda; and a signed copy will be scanned and an electronic copy will be kept on file in the office of the City Clerk.. Motion carried unanimously.

Accept the Assistant City Engineer’s Progress Report dated August 21, 2008

Mayor Klecker asked if the Council members had any questions or concerns regarding the Assistant City Engineer’s Progress Report. Upon hearing no comments from the Council, the Council proceeded to accept the Assistant City Engineer’s Progress Report dated August 21, 2008 as presented in the September 2, 2008 City Council packet.

LEGAL

*Approve Agreement Regarding Payment of Special Assessments on Lot 5, Block 1, which is now owned by Scherer Bros. Lumber Company (Towne Lakes Outstanding Utility Bill)

MOTION BY Council member Wagner, seconded by Council member Berning to approve Agreement Regarding Payment of Special Assessments on Lot 5, Block 1, which is now owned by Scherer Bros. Lumber Company (Towne Lakes Outstanding Utility Bill), which will require a separate discussion from the Consent Agenda and a separate motion from the Consent Agenda; and a signed copy will be scanned and an electronic copy will be kept on file in the office of the Finance Director. Motion carried unanimously.

Approve Dominium Townhomes Developer’s Agreement and approve Resolution No. 2008-049 entitled a Resolution Vacating Drainage and Utility Easements

City Attorney Couri very quickly reviewed the key points and areas of the Dominium Townhomes Developer’s Agreement noting the fence that would be installed as a buffer on a portion of the site, and the Letter of Credit. Couri brought up the fact that there will be no Park Dedication Fees collected as the fees were paid in 1993 when it was originally platted. All-in-all, Couri reported that the Developer’s Agreement is complete as presented in the September 2, 2008 Albertville City Council packet with the exception of the fence and the Letter of Credit.

Again, Council inquired about the amount of Section 8 Housing that will be included or allowed within the site.

City Attorney Couri reiterated that under Federal Law the City cannot limit Section 8 Housing, which is part of the Federal Housing Authority (FHA).

Couri informed the Council that in 1993, the owners of Lot 1, Block 1, Westwind Third Addition dedicated a utility easement to the Joint Powers Water Board to support the installation of a water line that was intended to serve a 75-unit apartment building. The Joint Powers Board is expected to convey its easement to the City at its August 25th meeting. Dominium Development now proposes to place townhomes on this lot, and needs to have portions of this easement vacated as well as portions of the drainage and utility easements that were platted with the Westwind Third Addition plat in order to accommodate the townhome plan. The easements to be dedicated are highlighted on the attached exhibits A and B. Dominium will be dedicating new easements to the City consistent with its proposed Townhome plan. The easements to be dedicated by Dominium are shown on the attached Exhibit C.

Mayor Klecker opened the public hearing for the vacation of the Drainage and Utility Easements at 10:15 pm.

Mayor Klecker closed the public hearing for the vacation of the Drainage and Utility Easements at 10:16 pm.

MOTION BY Council member Berning, seconded by Council member Wagner to approve Dominium Townhomes Developer’s Agreement contingent on the fence and IOC approval, which a signed copy will be scanned and an electronic copy will be kept on file in the office of the City Clerk. Motion carried unanimously.

MOTION BY Council member Berning, seconded by Council member Wagner to approve Resolution No. 2008-049 entitled a Resolution Vacating Drainage and Utility Easements with the stipulations set by the City Attorney, which a signed copy will be scanned and an electronic copy will be kept on file in the office of the City Clerk. Motion carried unanimously.

Approve Settlement Agreement to Remedy Default Occurring Under the Terms of Developer’s Agreement (S.J. Louis Construction, Inc.)

City Attorney Couri began stating that Pursuant to the Development Agreement, the Developer has posted a letter of credit with the City which currently has a balance of $195,993.77 remaining; and Developer contracted with Minnesota Development Agency, LLC (“MDA”) to construct the Municipal Improvements, and MDA contracted with S.J. Louis Construction, Inc (“S.J. Louis”) as the general contractor to install the Municipal Improvements. S.J. Louis installed said Municipal Improvements, but has not been fully paid for such work and is still due $151,082.14 from MDA for such work, which S.J. Louis has refused to provide lien waivers until it is fully paid by MDA.

The City has found the Developer in default under the Development Agreement for failure to provide lien wavers required under the Development Agreement and failure to pay costs incurred by the City related to the Hunters Pass Development. S.J. Louis has initiated an action against Developer, MDA, Contractor’s Capital Corporation and the City seeking a monetary judgment against Developer and a Court order requiring the City to draw on Developer’s letter of credit (“Litigation”).

In conclusion, the City Attorney reported that the City, the Developer, MDA and S.J. Louis have reached an agreement to settle the Litigation.

MOTION BY Council member Vetsch, seconded by Council member Fay to approve Settlement Agreement to Remedy Default Occurring Under the Terms of Developer’s Agreement (S.J. Louis Construction, Inc.), which a signed copy will be scanned and an electronic copy will be kept on file in the office of the City Clerk and or Finance Director. Motion carried unanimously.

Accept the City Attorney’s Report dated August 26, 2008

Mayor Klecker asked the Council if they had any questions for the City Attorney regarding his report. Hearing no comments, the Council accepted the City Attorney’s Report dated August 26, 2008 as presented in the September 2, 2008 City Council packet.

Prairie Run Litigation

City Attorney Couri stated that staff is looking for direction from the Council on how to proceed with the Prairie Run Litigation. The following motion was made as the outcome of the closed session:

MOTION BY Council member Berning, seconded by Council member Wagner to authorize Iverson, Reuvers, LLC to make a rule 68 settlement offer to Gold Key Development in the amount of $400,001. Motion carried unanimously.

ADMINISTRATION

*Approve Resolution No. 2008-044 entitled I-94 West Chamber of Commerce a Resolution Supporting I-94 Corridor Expansion

MOTION BY Council member Wagner, seconded by Council member Berning to approve Resolution No. 2008-044 entitled I-94 West Chamber of Commerce a Resolution Supporting I-94 Corridor Expansion, which will require a separate discussion from the Consent Agenda and a separate motion from the Consent Agenda; and a signed copy will be scanned and an electronic copy will be kept on file in the office of the City Clerk.. Motion carried unanimously.

Discussion on Meeting(s)

Council member Berning informed staff, that in the future if there are meetings to be scheduled before a regular Council meeting to keep the agenda short or begin the meeting earlier to allow time between the special meeting and the regular Council meeting.

Staff acknowledged the request from the Council to take into consideration the number of items being placed on a special meeting; otherwise schedule the meeting to begin following the regular Council meeting.

Council made the comment about the number of items that were placed on the Consent Agenda. Council would like items that are brought forward from the Planning and Zoning Commission not to be placed on the Consent Agenda.

CITIZENS OPEN FORUM – no comments

ANNOUNCEMENTS and or UPCOMING MEETINGS

Mayor Klecker asked the Council to review the upcoming meetings and calendar of events. Klecker. Council members set a Closed Session for Monday, September 15, 2008 following the regular City Council meeting.

September 2008
2 6:30 p.m. Closed Session
2 7:00 p.m. City Council meeting
8 6:00 p.m. STMA Ice Arena Board meeting (Albertville upper level)
9 7:00 a.m. Primary Election – Poles Open
9 5:00 p.m. Filing for Candidacy Closes
9 8:00 p.m. Primary Election – Poles Close
10 7:00 p.m. Planning and Zoning Commission meeting (Wednesday)
15 7:00 p.m. City Council meeting
22 6:00 p.m. Joint Powers Water Board meeting
29 6:00 p.m. Jt. City of Albertville; City of St. Michael and
STMA School Board meeting (School Board Room)

October 2008
6 7:00 p.m. City Council meeting
13 all day Columbus Day observed – City Offices closed
13 6:00 p.m. STMA Ice Arena Board meeting
14 7:00 p.m. Planning and Zoning Commission meeting
20 7:00 p.m. City Council meeting
27 6:00 p.m. Joint Powers Water Board meeting
27 7:00 p.m. Committee of the Whole Workshop (tentative)

November 2008
2 2:00 a.m. Daylight Savings ends (set clocks back)
4 7:00 a.m. General Elections – Poles Open
4 8:00 p.m. General Elections – Poles Close
5 7:00 p.m. City Council meeting
6 6:00 p.m. Canvas Board (Canvas Election Results)
10 6:00 p.m. STMA Ice Arena Board meeting
11 all day Veterans’ Day observed – City Offices closed
12 7:00 p.m. Planning and Zoning Commission meeting
17 7:00 p.m. City Council meeting
24 6:00 p.m. Joint Powers Water Board meeting
24 7:00 p.m. Committee of the Whole Workshop (tentative)
27 all day Thanksgiving Day observed – City Offices closed
28 all day Thanksgiving Holiday observed – City Offices closed

ADJOURNMENT

MOTION BY Council member Berning, seconded by Council member Wagner to adjourn the September 2, 2008 regular City Council meeting at 10:25 p.m. Motion carried unanimously.

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