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2004-04-05 CC Minutes . ALBERTVILLE CITY COUNCIL City of Albertville Minutes AprilS, 2004 Albertville City Hall 7:00 PM PRESENT: Mayor Don Peterson, Councilmembers LeRoy Berning, Tom Fay, and Ron Klecker, City Engineer Pete Carlson, City Planner Al Brixius, City Attorney Mike Couri and City Administrator Larry Kruse. Absent: Dorothy Rich Mayor Peterson called the City Council meeting of the City of Albertville to order at 7:00 p.m. MINUTES: MOTION BY Councilmember Klecker, seconded by Councilmember Fay to approve the minutes of March 15, 2004, March 16, 2004 and March 29, 2004 noting that Councilmember Klecker was not at the March 29th meeting. Motion carried unanimously. AGENDA: . MOTION BY Councilmember Berning, seconded by Councilmember Klecker to approve the agenda adding the following items: . Engineering - Flooding . Legal- Nuisance Houses · Administration- Friendly City Days, extending ball field non-intoxicating liquor hours. Motion carried unanimously. CONSENT AGENDA: . MOTION BY Councilmember Berning, seconded by Councilmember Klecker to approve the following consent agenda except check numbers 19564 and 19618. a. Approve payment of claims check number 19555 - 19618 b. Liquor License Renewals 1). Off Sale Liquor Licenses a). Albertville Off-sale LLC b). Coborn's Inc. c). c.L. Gentile Inc. d). Hackenmueller's Inc. f). Holm Holdings Inc. h). Vetsch, Gary E. 2). On Sale Liquor Licenses a). C. L. Gentile Inc. b). Cedar Creek Bar & Grill . Albertville City Council Minutes April 5, 2004 Page 2 of9 . d). Holm Holdings Inc. e). Spectators Grille & Bar / Albertville Inc. f). Vetsch, Gary E. 3). Special Sunday On Sale Liquor License a). C. L. Gentile Inc. b). Cedar Creek Bar & Grill c). Holm Holdings Inc. d). Spectators Grille & Bar / Albertville Inc. e). Vetsch, Gary E. 4). On Sale Wine License a). Rosetti's Pizza & Pasta Inc. 5). Off Sale 3.2 Malt Beverage a). JTS Auto Service, Inc. b). Coborn's Inc. c. Approve 2002 Frontage Avenue Improvements Payment No. 6 for this project in the amount of $11,957.80 as per the City Engineer's recommendation with proceeds held pending direction from legal council regarding the bonding agents request. d. Approve application for Non-intoxicating Malt Liquor License for the Albertville Lions, Inc. for the Paul Heinen Benefit Fundraiser at the St. Albert Parish Center on April 17, 2004 e. Approve the application for Non-intoxicating Malt Liquor License for the Nights of Columbus #4174 for Softball Fields on June 11, 12 and 13 f. Approve an application for the Albertville Fireman's Relief Association to Conduct Excluded Bingo at the St. Albert's Parish Center on April 17, 2004 g. Approve Veit Companies quote in the amount of$4,349.00 to remove the basement of the City owned house at 5933 Main Avenue N.E. h. Approve application for Non-intoxicating Malt Liquor License for the Fire Department for Albertville Friendly Days on June 11, 2004 from 6:00 p.m. to 1 :00 a.m. Motion carried unanimously. PULL CONSENT ITEMS: Councilmember Berning questioned the high electric bill regarding the traffic signal at Coborn's traffic light and it was stated that it was an estimate and must obviously be a reading error. Councilmember Fay's concern about a dental benefit amount for an individual was noted and will be reviewed. . MOTION BY Councilmember Berning and seconded by Councilmember Fay to approve payment of checks numbers 19564 and 19618. Motion carried unanimously. CITIZEN FORUM: No comments. . . Albertville City Council Minutes April 5, 2004 Page 3 of9 PUBLIC HEARINGS: None FIRE DEPARTMENT RETIREMENT & PENSION PLAN: Gordy Berning, Bob Marquette, and Chad Cichos were present and requested the City Council consider a $400 per year increase in fireman's pensions for 2005 and 2006 stating the 2003 and 2004 plan granted a $200 increase per year. Currently Albertville is at $1,300 per year. A December 2002 report outlined neighboring cities, which ranged from $800 to $3,600 per year. The Council took this under advisement and will review it during the budget process. FEMA GRANT: Reviewed and complimented the Fire Department on development and submittal of the FEMA grant. STREET DEPARTMENT Reviewed the Street Department written report. Tim Guimont discussed his desire to begin development of specification for a new plow truck. It was suggested that Guimont gather truck information and report back to City Administrator Kruse and review the Capital Improvement Plan and budget. PARKS DEPARTMENT Public Works Superintendent Guimont suggested the council might consider establishing a Parks Commission. City Administrator Kruse as asked to research what powers they would have and the formal process to set one up. WATER/SEWER REPORT Council heard a presentation from John Middendorf on a plan to initiate a radio meter reading system. MOTION BY Mayor Peterson, seconded by Councilmember Fay to accept Davies Neptune proposal as follows and amending the 2004 budget to reflect the new program. The following shows what we must have for this to work with either supplier. Interface module installed on the water billing program ...............................$ 1,295.00 Annual support cost...... ............. ............. ... .......... ...... ............... ................. ...... ... .195.00 We must purchase a programmer from Neptune. All meters that were put in from 1993 to present must be reprogrammed to work with a radio unit................................................................................................l ,500.00 . TOTAL............ ..........................................................................................................$ 2,990.00 . . . Albertville City Council Minutes April 5, 2004 Page 4 of9 Davies Neptune Proposal Handheld computer, software, and training..... ................... ...... ...... ......... ......... ..... .......7,835.29 100 meters with radio units @ 148.24 each......... ...................... ............... ...... ........... .14,824.00 100 additional radio units @ 67.50 each.......................................................................6,750.00 Pocket Pro-reader for reading touch pads (City already has) ..............................................0.00 TOTAL....................... ....... .................................... ............... ........ .............. $ 29,409.29 Motion carried unanimously. PLANNING: ALBERT VILLAS 7TH ADDITION Heard a report from City Planner Al Briuxus regarding Edina Developments request for a Comprehensive Plan amendment and a change in zoning from R-1A, Residential Single Family District to R-4, Residential Townhome, Quadraminium, and Low Density Multiple Family District to accommodate a medium density residential development within Albert Villas 1h Addition that would include 12 twinhomes, 32 four-plex units, and 30 row style townhomes. Albert Villas 1h Addition is located south of Jason Avenue (CSAH 18) and east of Kassell Avenue. MOTION BY Mayor Peterson, seconded by Councilmember Klecker to adopt the following council findings and decision: CITY OF ALBERTVILLE City Council 3-25-04 Findings of Fact & Decision Comprehensive Plan Amendment/Rezoning Applicant's Name: Edina Development Corporation Request: The applicant is requesting a Comprehensive Plan amendment and a change in zoning from R-1A, Residential Single Family District to R-4, Residential Townhome, Quadraminium, and Low Density Multiple Family District to accommodate a medium density residential development within Albert Villas 1h Addition that would include 12 twinhomes, 32 four-plex units, and 30 row style townhomes. Albert Villas 1h Addition is located south of Jason Avenue (CSAH 18) and east of Kassell Avenue. . . . Albertville City Council Minutes April 5, 2004 Page 5 of9 Planning Commission Public Hearing Date: March 9, 2004 City Council Meeting Date: April 5, 2004 Findings of Fact: Based on review of the application and evidence received, the City Council now makes the following finding of fact and decision: A. The Planning Report, dated March 2, 2004, prepared by NAC, Inc. is incorporated herein. B. The Planning Commission recommended denial of the application with the following findings: 1. The Albertville Comprehensive Plan contemplates low-density residential development for the site. 2. The proposed change in land use and rezoning is inconsistent with the development policies including: a. Promotion of large lot residential development in all remammg low-density areas located on the west side ofCSAH 19. b. Existing undeveloped single-family residential land shall be developed in a manner responsive to determine market needs and compatible with surrounding development. c. Eliminate the potential for unanticipated or unintended mIX of housing types or densities. d. High density housing shall not be utilized, specifically as a buffer or viewed as being capable of absorbing negative impacts. 3. The surrounding land uses within the Albert Villas subdivision are zoned R-1A and consists of single-family residential units. The introduction of medium density land uses at this point is viewed as the introduction of an incompatible land use configuration and inconsistent with the R-1 District intent and purpose. 4. The proposed rezoning would result in an increased density for Albert Villas 7th Addition and would generate traffic in excess of single-family residential development in this area. With Kassell Avenue being the main thoroughfare for the Albert Villas residential development, concern is expressed regarding the impact of higher density development and the direct impact of traffic flow on Kassell Avenue and its intersection with CSAH 18. . . . Albertville City Council Minutes April 5, 2004 Page 6 of9 5. In review of the City's land use plan, it is determined that the City has a large quantity of townhome development with lands already zoned for medium density housing opportunities. Decision: Based on the foregoing information and applicable ordinances, the requested Comprehensive Plan amendment and rezoning from R-1A, Residential Single-Family District to R-4, Residential Townhome, Quadraminium, and Low-Density Multiple Family District is DENIED based on the applicant's submitted information, the findings of the planning report dated March 2, 2003 prepared by NAC, and the Planning Commission recommendation and findings related to the requested rezoning. Motion carried unanimously. FLOORING AMERICA Council heard a report from City Planner Al Brixius on Flooring America's site plan approval. The expressed intention of this application is to construct a new multi-tenant commercial building within the City of Albertville. MOTION BY Councilmember Fay, seconded by Councilmember Klecker to approve the following findings of fact and council decision: CITY OF ALBERTVILLE City Council 3-25-04 Findings of Fact & Decision Site Plan Approval Applicant's Name: Flooring America / COM-TEN LLC Request: Flooring America has requested site plan approval. The expressed intention of this application is to construct a new multi-tenant commercial building within the City of Albertville. Planning Commission Public Hearing Date: March 9,2004 City Council Meeting Date: April 5, 2004 Findings of Fact: Based on review of the application and evidence received, the City Council now makes the following finding of fact and decision: A. The legal description of the subject property is Lot 1, Block 1, Northwest Commercial Park. B. The planning report dated March 3, 2004 from Northwest Associated Consultants is incorporated herein. . . . Albertville City Council Minutes April 5, 2004 Page 7 of9 C. The Planning Commission recommendation from their March 9, 2004 meeting IS incorporated herein. Decision: Based on the foregoing information and applicable ordinances, the City Council APPROVES the site and building plan based on the most current plans and information received to date subject to the following conditions: 1. The curb cuts must be approved by the City Engineer. 2. Building elevations must be submitted in color and must be revised to include at least one- quarter of the front and side elevations be split rock or cultured stone. 3. The applicant must demonstrate that no lighting extends beyond 0.4 foot candles across the property line. Lighting must meet standards of Section 1000.10 of the Albertville Zoning Ordinance. 4. Eliminate eleven (11) parking stalls located in the rear ofthe building. 5. A comprehensive sign plan must be submitted for review by City staff. All signs shall meet the requirements of the City's Sign Code. The pylon sign shall be reduced to be in conformance with the City Sign Code and shall be relocated between the two access points off of 67th Street. 6. A revised landscaping plan shall be submitted which will show the following: the removal of Black Hills Spruce on the southern and eastern portions of the plan and replaced with Honeylocust, greater variety of shrubs shall be shown throughout the plan, and all proposed shrub plantings must be shown on the plan. 7. Trash enclosure size and elevations shall be submitted verifying that their construction matches that of the principal building. The trash enclosure shall be located away from the building within the north setback area. Additional landscaping shall be provided around these locations. 8. Review and approval by the City Engineer regarding any future site improvements. 9. Fire inspectors comments dated February 27, 2004. . . . Albertville City Council Minutes April 5, 2004 Page 8 of9 ENGINEERING: BARTHEL INDUSTRIAL PARK ROAD City Engineer Pete Carlson reviewed the Barthel Industrial Park Road Feasibility Report in detail outlining the costs and estimated assessments. MOTION BY Councilperson Fay, seconded by Councilperson Klecker to accept and approve the Barthel Industrial Park Improvement Feasibility Report. Motion carried unanimously. Discussion continued on whether to list the property for sale or put it up on bids. Does the City improve the lot with water, sewer and street in advance trying to sell it? The council requested City Administrator Kruse investigate development of a TIF plan for the site and authorize spending up to $1,000 for this effort and come back with a recommendation. PUBLIC WORKS FACILITY BIDS Architect Duane Day presented the council with a letter recommending that the City accept the low bid of Ebert Construction in the amount of $1,668,300 and not accept the alternate # 1. The council also reviewed the CIP and lease/purchase financing options and it was the consensus of the council to proceed with the lease purchase option. MOTION BY Councilperson Klecker, seconded by Councilperson Berning to accept the low Public Works Facility bid of Ebert Construction in the amount of $1,668,300 including the Bridge Crane option number 2 and proceed with construction. Vehicle Lift option number 1 is declined. Motion carried unanimously. LEGAL: SALE OF FIREWORKS FROM A TEMPORARY OUTDOOR STAND City Planner Brixius reported that an Administrative Permit for an outdoor tent is permitted twice a year for no more than 60 days as outlined in section 1000.23 of the zoning ordinance. Applicants would need to submit verification that they comply with the net required parking after installation of the sales area. City Attorney stated that state law states that if a city allows temporary sales of other products, it must also do that for fireworks. NUISANCE HOUSES City Attorney Couri updated the council on three homes, which have been in foreclosure and are a blight to their neighborhood. Couri reported it is a legal process and thought if they went back to the bank, they would fix them promptly, however if redeemed by the homeowner that would need to be handled with further litigation. . Albertville City Council Minutes April 5, 2004 Page 9 of9 ADMINISTRATION: City Administrator Kruse reviewed his written report and also stated that Maria Haus has submitted her resignation. CITY HALL APPOINTMENT Mayor Peterson appointed himself and Councilmember Berning to a committee to continue investigation of a new City Hall. COUNCIL/EMPLOYEE MEETING REGARDING HEALTH INSURANCE/SALARY/BENEFITS The Council set 6:00 p.m., Wednesday, April 28, 2004 to meet at City Hall to share information with the Council and employees on Health Insurance/Wages and Benefits. FRIENDL Y CITY DAYS MOTION BY Mayor Peterson, seconded by Councilmember Klecker to allow the non-profit organizations to sell alcohol until 1 :00 a.m. and ask the Sheriffs Department not to usher people out of the park until after 1 :30 a.m. so that they don't all go to Main Avenue. Motion carried with Councilmember Berning abstaining. . COUNCIL COMMENTS: · Confirmed the Albertville and St. Michael committee meeting to discuss hiring a shared full-time Fire Chief scheduled for Thursday, April 8th at 5:30 p.m. at the Albertville Fire Hall. ADJOURNMENT: MOTION BY Councilmember Fay, seconded by Councilmember Berning to adjourn the regular Council meeting at 10:00 p.m. Motion carried unanimously. U_vrt 7~-:J Don Peterson, Mayor .