Albertville, Minnesota

City Council Meeting Minutes

January 20, 2009 (Tuesday)
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 Tom Fay, Dan Wagner, Larry Sorensen, and John Vetsch, City Attorney Mike Couri, City Planner Al Brixius, Assistant City Engineer Adam Nafstad, City Administrator Larry Kruse, and City Clerk Bridget Miller

ABSENT: none

RECOGNITIONS – PRESENTATIONS – INTRODUCTIONS

No recognitions, presentations, or introductions were made during the meeting.

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 was one individual in the audience, but had no items for discussion.

AMENDMENTS TO THE AGENDA

Mayor Klecker asked if there were any amendments to the agenda. Since there were no amendments to the agenda, Klecker looked to the Council for a motion to approve the Agenda as presented.

MOTION BY Council member Wagner, seconded by Council member Fay to approve the Tuesday, January 20, 2009 regular Albertville City Council agenda as presented. Motion carried unanimously.

MINUTES
January 5, 2009 regular City Council minutes

Mayor Klecker inquired if the Council wanted any changes to the January 5, 2009 regular City Council minutes. Upon hearing no comments regarding the Monday, January 5, 2009 regular City Council minutes, Klecker entertained a motion to approve the minutes as submitted in the Council packet.

MOTION BY Council member Wagner, seconded by Council member Fay to approve the Monday, January 5, 2009 regular City Council minutes as presented, which will be printed and signed; then the signed copy will be scanned and the electronic scanned version will be kept on file in the office of the City Clerk that will serve as the official copy. 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 if the Council members or staff wished to pull any of the items from the January 20, 2009 Consent Agenda. There were no items pulled from the Consent Agenda, in which the following motion was made.

MOTION BY Council member Wagner, seconded by Council member Fay to approve the January 20, 2009 Consent Agenda pulling no items, 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 – no comments

UTILITIES DEPARTMENT (WWTP)

Accept the Utilities Superintendent’s Report dated January 8, 2009

Mayor Klecker raised the question as to whether the Council had any questions regarding the Utilities Superintendent’s Report that was submitted in the January 20, 2009 Council packet. The only concern was regarding the potential of purchasing an additional pump, which will be presented to the Council at the February 2, 2009 meeting or soon thereafter.

BUILDING DEPARTMENT

* Accept the Building Official’s Report dated January 12, 2009

MOTION BY Council member Wagner, seconded by Council member Fay to accept the Building Official’s Report dated January 12, 2009 that was on the Consent Agenda, which was not pulled requiring it to 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.

FINANCE DEPARTMENT

* Authorize the Tuesday, January 20, 2009 Payment of Claims (bills) for check numbers 026575 to 026627 that includes approve releasing in full the $5,000 Escrow posted by Mr. Robert Heuring as surety for the T-Square Business Park plat

MOTION BY Council member Wagner, seconded by Council member Fay to authorize the Tuesday, January 20, 2009 Payment of Claims (bills) for check numbers 026575 to 026627 that includes approve releasing in full the $5,000 Escrow posted by Mr. Robert Heuring as surety for the T-Square Business Park plat as presented except the bills specifically pulled, which are passed by separate motion; except the bills specifically pulled, which if pulled from the Consent Agenda will require a separate discussion from the Consent Agenda. The checks will be signed by the authorized personnel and scanned with supporting documents; the electronically scanned version will be kept on file in the office of the Finance Director that will serve as the City’s official record. Motion carried unanimously.

CITY CLERK - no comments

CITY COUNCIL

Oral Update on the STMA Ice Arena Board meeting (Tom Fay and/or Dan Wagner)

Council member Fay reported that the STMA Ice Arena Board met at the Albertville City Hall, in which members nominated and appointed the 2009 various officers. Drew Scherber from the School Board was appointed as the Chair; Dan Wagner from Albertville was appointed as the Vice-chair; I, Tom Fay, from Albertville was appointed as one of the signers on the checks along with Jerry Zachman from St. Michael; Gayle Weber from the School Board was appointed as the Treasurer; and Anne Zahler from the School District Offices was appointed as the 2009 Recording Secretary.

City Administrator Kruse informed the Council that he attended the meeting and went into detail on the expansion of the STMA Ice Arena. Kruse went on to explain that he would be mentoring or assisting the STMA Ice Arena Manager Grant Fitch in preparing memos or correspondence to accompany the request for board’s action. Kruse stated that over the past year he would like to improve on the communication between Grant and the Board members.

Oral Update on the FYCC (Larry Sorensen and/or Tom Fay)

Council member Sorensen reported that the First Quarter FYCC meeting was canceled most likely due to the cold weather. Sorensen also brought up that there may be a conflict with the FYCC meetings and the STMA Ice Arena Board meetings as they are both held on Mondays. Sorensen let the Council know that Council member Fay and himself; would work it out so that Albertville would be represented at the two meetings.

Oral Update on the Planning and Zoning Commission meeting (Dan Wagner)

Council member Wagner began by stating he was going to talk about the Accessory Building Structure, but City Planner Brixius will share the outcome during the workshop. Wagner continued by reporting the Commission appointed Sharon Leintz as the Chair and Scott Dorenbush will serve as the Vice-chair. The Commission had one (1) resident still interested in serving on the Commission, so that will be coming to the Council in February to appoint Robert Olson to fill Denise Prow’s vacancy.

Wagner informed the Council that the Albertville Townhomes applied for a Sign Variance, basically after the sign was installed. The Commission denied the Sign Variance, which will be presented to the Council during February.

I-94 West Chamber of Commerce “State of the Cities Address”

Mayor Klecker brought to the Council’s attention that Albertville hosted the annual I-94 West Chamber of Commerce “State of the Cities Address”. It was well attended by area business members, as well as Council members and City Administrators. There were seven (7) cities represented that each Mayor and Administrator sat at the Council Dias. The Chamber invited each City representative to give a little speech, and each community was in the same position in regards to the financial state of the economy.

Klecker then informed the Council that he recently attended a League of Minnesota Cities Conference for experienced officials. It was the same message there, as to how the economy is hitting all over.

PLANNING AND ZONING - no comments

ENGINEERING

* Directing Staff to amend to the Plan Unit Development (PUD) Agreement for Towne Lakes 6th Addition to extend the completion of the municipal and on- and off-site improvements until October 31, 2010, with the exception of the trunk water extension, which shall be completed by October 31, 2009, and conditioned upon the Developer signing the amendment

MOTION BY Council member Wagner, seconded by Council member Fay directing staff to amend to the Plan Unit Development (PUD) Agreement for Towne Lakes 6th Addition to extend the completion of the municipal and on- and off-site improvements until October 31, 2010, with the exception of the trunk water extension, which shall be completed by October 31, 2009, and conditioned upon the Developer signing the amendment, 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 Assistant City Engineer’s Report dated January 7, 2009

Assistant City Engineer Nafstad reported that staff held a Bid Opening on the CSAH 37 West Sewer Project, also known as Niemeyer Trailer Sales. There were sixteen (16) companies that submitted bids, which the lowest bid was lower than what was estimated.

LEGAL

City Attorney Couri informed the Council that the Niemeyer Trailer Sales Development will be coming before the Council at the second meeting in February 2009.

ADMINISTRATION

Accept the City Administrator’s Written Report

City Administrator Kruse asked if the Council had any questions or concerns regarding the information presented in the written report.

Council member Fay brought up the Albertville City Hall display case, which was presented at a previous meeting. Fay noted that after looking closer at the area, Fay was okay with approving the proposal to construct the display case.

Mayor Klecker entertained a motion to authorize Vetsch Custom Cabinets to build a display case for the Albertville City Hall, which historical items will be displayed. Klecker did suggest instead of installing four (4) doors to install two (2) doors so that the full area can be utilized.

City Clerk Miller said that if there are going to be two (2) doors have them designed similar to patio doors so that they slide. Miller felt the two (2) doors swinging open may get rather large. Council member Wagner seemed to agree thinking the hinges for two (2) doors may need to be bigger to support the weight.

MOTION by Council member Fay, seconded by Council member Sorensen to accept the quote from Vetsch Custom Cabinets in the amount if $1,422 to modify the cabinet taking into account the suggestions of two (2) doors made by Mayor Klecker and City Clerk Miller, which is to be paid for through donations; AND contingent upon obtaining funding from other non-profit organizations. Motion carried unanimously.

Following the discussing, Mayor Klecker commented about snow removal. Klecker was not sure if it would be the City’s responsibility or the County’s. Along CSAH and 53rd Street NE there is a pile of snow that blocks a person’s view of oncoming traffic, which makes it difficult to make a turn onto CSAH 19 from 53rd Street NE. Other comment Klecker made was in regards to snow removal on the sidewalk on 53rd Street NE. Klecker was not sure if this was a school route, in which the kids are forced to walk in the street instead of on the sidewalk.

City Administrator Kruse informed the Mayor and Council he would discuss the snow removal with PW Supervisor Guimont and bring it to Guimont’s attention.

CITIZENS OPEN FORUM - (continued if necessary) - no comments

ANNOUNCEMENTS and or UPCOMING MEETINGS

Mayor Klecker asked the Council to review the upcoming meetings and calendar of events. It was suggested to cancel the Monday, January 26, 2009 Committee of the Whole Workshop as there were no topics for discussion.

MOTION by Council member Wagner, seconded by Council member Fay to cancel the Monday, January 26, 2009 Committee of the Whole Workshop. Motion carried unanimously.

ANNOUNCEMENTS and or UPCOMING MEETINGS

January 2009
22 7:00 p.m. Diversity Strategic Planning Committee-optional (Albertville)
TBA 7:00 p.m. Family-Youth Community Cooperative (FYCC)
26 6:00 p.m. Joint Powers Water Board meeting
26 7:00 p.m. Committee of the Whole Workshop (tentative)

February 2009
2 7:00 p.m. City Council meeting
9 6:00 p.m. STMA Ice Arena Board meeting
10 7:00 p.m. Planning and Zoning Commission meeting
16 all day Presidents’ Day observed – City Offices closed
17 7:00 p.m. City Council meeting (TUESDAY)
23 6:00 p.m. Joint Powers Water Board meeting
23 7:00 p.m. Committee of the Whole Workshop (tentative)

March 2009
2 7:00 p.m. City Council meeting
9 6:00 p.m. STMA Ice Arena Board meeting
10 7:00 p.m. Planning and Zoning Commission meeting
16 7:00 p.m. City Council meeting
23 6:00 p.m. Joint Powers Water Board meeting
30 7:00 p.m. Cities of Albertville & St. Michael and STMA School Board
Joint Workshop (location TBD-last mtg. was held at the School)

April 2009
6 7:00 p.m. City Council meeting
13 6:00 p.m. STMA Ice Arena Board meeting
13 7:00 p.m. Family-Youth Community Cooperative (FYCC)
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)

COUNCIL WENT INTO A WORKSHOP TO DISCUSS THE FOLLOWING

City Council 2009 Goals and Expectations

City Administrator Kruse opened the floor discussion regarding City Staff 2009 Goals. Kruse read off that staff is developing a draft submittal of a Certified Annual Financial Report (CAFR); along with the CAFR staff is working on developing a draft of the 2009 Budget Submittal for the Annual Budget Award. Other topics that were discussed and were not limited to include: Standard Street Specification, Develop a Street Inventory Worksheet; Develop a Five Year Capital Improvement Plan for Streets and Utilities; Record Retention (scanning); Implement Mobile Computer Record Drawing Program; Stormwater Study; Street Overlay and Sealcoat; Disaster Training; I-94 Final Design; CSAH 19 North; General City Hall Operational manuals; Environmental; Zoning Enforcement; Senior Housing; Utility Billing Auto Pay; Recreation Programming; Evaluate Regional Fire District; Certify City Employees in First Responder; Federal Transportation Funding.

City Planner Brixius commented in regards to the Streets and Utilities, in which Brixius noted that Albertville is getting close to built-out and will soon be a maturing community. Brixius challenged the thought as to “how does the city want to fund the repair of the streets, sanitary sewer, water, and stormwater”. Brixius shared in another community the City began collecting via a Levy that would be dedicated towards the road-utilities improvements. It would be community-wide but ear-marked for the four (4) designated areas of streets, sanitary sewer, water, and stormwater. Brixius has heard the hardship in communities where a City would assess the projects, which becomes a hardship on the homeowner.

City Attorney Couri spoke on behalf of the Federal Transportation Funding, which Couri felt the City should consider continuing to pursue funding for the I-94 Project. Council recommended getting a Lobbyist on board or get Elwin Tinklenberg back on board. If there truly are funds available, and it begins to be distributed, the funds will go fast.

Council member Wagner added his concern to the list, which was the amount of the City Debt and would like to see it come down before the City begins any additional projects.

There was some discussion regarding the evaluation in pursuing single source garbage collection. After additional research, there are a few more steps to consider contracting with one (1) waste hauler for collection of garbage throughout Albertville.

The topic of Senior Housing is put on hold for approximately one-year, due to the economy.

Council commented that the City should get the City of Otsego on board in regards to the evaluation of a Regional Fire District.

I-94 Ramp (request for a cost estimate to develop Plans and Specifications to bid the westerly I-94 phase)

There was minimal discussion regarding the I-94 Ramp.

Albertville Wireless Committee

Mayor Klecker commented that he go the Committee organized, which a member was appointed as the Chair. It appears that the consensus of the Council is to re-visit the Wireless option in one-year. Taking into consideration the state of the economy, Council members did not want to invest $30,000 in a Wireless option that may not be practical in Albertville.

Accessory Structure Regulations

City Planner Brixius informed the Council that a resident came before the Council in late 2008 regarding accessory structure regulations, which staff was directed to re-examine the current regulations for accessory buildings. Staff brought the concern to the Planning and Zoning Commission in December 2008, in which three (3) draft scenarios of an Ordinance amendment were prepared. As the Commission reviewed the three options, it was the consensus of the Commission to amend the 2005 Albertville Municipal City Code with Option 3. Brixius wanted to make sure that staff was interpreting Council’s direction correctly. (see below)

OPTION 3. This option is designed to give the property owner the greatest flexibility in the use of accessory building floor space. Option 3 would allow the property owner two accessory storage buildings and the distribution of the 1,150 square feet of permitted floor space would be determined by the property owner. In Option 3, the following changes are offered:

Proposed Text Amendment:
1000.4.B. Accessory Buildings, Uses and Equipment:

1. The following accessory building performance standards are applicable for all single family lots in the City. The application of these standards shall not supersede design standards or covenants that have been established as part of an approved residential planned unit development. Property owners shall demonstrate compliance with approved covenants/ design standards with the submission of a building permit for an accessory building.

Comment: Concern has been expressed for the protection of viewsheds for neighborhoods such as Cedar Creek along the golf course on Towne Lakes. To protect these specialized PUD neighborhoods, the previous language is offered.

Proposed Text Amendment:
2. Setbacks:

a. No accessory use, building, structure or equipment shall be allowed within a required front yard, except by conditional use permit.
b. Accessory buildings may encroach into the required side and rear yard setbacks within the rear yard of a lot; except however that no such encroachment may occur on a required easement, or in a required side yard setback abutting a street in the case of a corner lot. In no case shall the setback be less than ten (10) feet.

Comment: We combined the setbacks into one section of the ordinance.

Proposed Text Amendment:
3. Accessory Uses on Parcels Less Than One (1) Acre in Size:

Comment: This option gives greater flexibility in the use of the accessory building floor space. With this flexibility, we are eliminating the option for larger buildings by conditional use permit on smaller urban lots.

Proposed Text Amendment:
4. Accessory Uses on Single Family Parcels Larger Than One (1) Acre in Size:

a. The total floor area of either an attached garage or a detached garage for a single family detached dwelling shall not be less than four hundred eighty (480) five hundred thirty (530) square feet, shall not exceed one thousand (1,000) square feet of floor area, and shall not exceed the ground coverage of the dwelling, except by conditional use administrative permit.
b. No more than two (2) accessory storage buildings or garages shall be allowed on one (1) or more single family lot under common ownership.
c. The total combined floor area of all accessory buildings shall not exceed twenty-five (25) percent of the side or rear yard.
d. Attached garages shall not exceed the foot print of the single family home.
e. An exception to the accessory building size standard may be given by administrative permit provided:
1) The accessory building does exceed twenty-five (25) percent of the side and rear yard.
2) The accessory building shall be screened from adjacent residential properties.
3) The accessory building shall be constructed in the same design, color, and exterior materials as the principal building.
4) Commercial uses and home occupations are prohibited in the accessory building.

Comment: Larger lots (one acre or more) may pursue accessory buildings larger than the standards.

Proposed Text Amendment:
1000.4.B. Single-Family Detached Uses:

9. An exception for a third accessory building may be accommodated, if the structure qualifies as an outdoor living space, as defined in section 200.2, and falls within the parameters of the cumulative floor area allowed (1,150 square feet) for the three accessory buildings.

200.2: DEFINITIONS

OUTDOOR LIVING Any detached accessory building utilized as a living SPACE: space such as a gazebo, spa house, screened porch, or play house.

Comment: The second change in Option 3 will allow a third accessory building as an outdoor living space and the accumulative floor space does not exceed the 1,150 square foot cap.

Proposed Text Amendment:
1000.4.I. Building Type and Standards:

1. The same or similar quality exterior building material (meaning exterior finish and color) shall be used in the accessory building and in the principal building…

Comment: The third change in Option 3 is to add a specific provision that the exterior finish and color of an accessory building must be the same as the principal building:

Proposed Text Amendment:
1000.4.J. Commercial/Accessory Buildings:

1. Accessory buildings within the commercial zoning districts shall not exceed thirty percent (30%) of the gross floor space of the principal building.

2. Commercially zoned properties shall be limited to not more than one (1) accessory building except by conditional use permit.

3. All commercial accessory buildings shall meet the setbacks of the principal building.

4. Commercial accessory buildings shall match the exterior finish of the principal building in color and materials.

Comment: Establishing criteria for commercial accessory buildings.

Upon reviewing Option 3, Council gave staff additional input on how to proceed with the amendment of the Accessory Building Regulations that would be prepared for Public Hearing at the February 10, 2009 regular Planning and Zoning Commission meeting. One area of Council concern dealt with the current standard size of a garage that has been set for Albertville and would like to see it increased to better accommodate two vehicles.

ADJOURNMENT

MOTION BY Council member Fay, seconded by Council member Sorensen to adjourn the Tuesday, January 20, 2009 regular City Council meeting at 9:35 p.m. Motion carried unanimously.

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