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2004-05-03 CC Minutes . . i. ALBERTVILLE CITY COUNCIL City of Albertville Minutes May 3, 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: Councilmember 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 Fay, seconded by Councilmember Klecker to approve the minutes of April 19 and April 28. Motion carried unanimously. AGENDA: MOTION BY Councilmember Klecker, seconded by Councilmember Berning to approve the agenda adding the house-moving project located south of City Hall. Motion carried unanimously. CONSENT AGENDA: MOTION BY Councilmember Berning, seconded by Councilmember Klecker to approve the following consent agenda except item c pulled by City Administrator Kruse. a. Approve payment of claims check number 19677-19695; 19697 - 19723. b. Approve Application from the Women of Today to conduct Excluded Bingo during Albertville Friendly City Days at 81. Albert's Parish Center on June 12,2004 c. Accept a Gambling Donation from the Albertville Lions in the amount of $1 ,249 to be donated to the Paul Heinen Family d. Approve application for Non-intoxicating Malt Liquor License for the Albertville Fire Department for the Albertville Friendly City Days on June 11, June 12 and June 13, 2004 e. Resolution for re-establishing unchanged precincts and establishing new voting location Motion carried unanimously. . . . Albertville City Council Minutes May 3, 2004 Page 2 of9 PULL CONSENT ITEMS: c. Accept a Gambling Donation from the Albertville Lions in the amount of $1 ,249 to be donated to the Paul Heinen Family Item C: Gambling Donation: City Administrator Kruse requested a legal opinion regarding the City's ability to donate gambling proceeds donated to the City by the Lions to an individual (Heinen Family). It was City Attorney Couri's opinion that this was not a "public purpose" and that legally the City could not do this. After hearing Couri's legal opinion, the Council chose not to accept the donation from the Lions, thus no donation was granted. Funds are to be returned to the Lions. CITIZEN FORUM: Noel Labine, Director for the Wright County Economic Development Authority and Chairperson Ollie Koropak thanked the City of Albertville for their membership in the Wright County EDA and stated they look forward to working with the City in the future. A retreat is planned for September 17-19 to identify how to better serve the communities within Wright County. PUBLIC HEARINGS: None FIRE DEPARTMENT: None STREET DEPARTMENT Reviewed the Street Department written report. Truck Purchase: After some discussion, the Council consensus was to take no action on purchasing a new snowplow truck until 2005. WATER/SEWER REPORT Reviewed the WWTP Department written report. Truck Crane MOTION BY Councilmember Fay, seconded by Councilmember Klecker to purchase a Liftmoore 3200REE-15 truck crane installed on the truck service body for $8,687.76. Motion carried unanimously. . Albertville City Council Minutes May 3, 2004 Page 3 of9 PARKS DEPARTMENT Ball Field Lights MOTION BY Councilmember Klecker, seconded by Mayor Peterson to accept the quote from Unlimited Electric, Inc. in the amount of $9,755.00 for installation of ball field lights. Motion carried unanimously PLANNING: COVES OF HUNTER LAKE: Developers for the Coves of Hunter Lake PUD presented a concept plan for 100 to 110 homes in the $350,000 to $500,000 range to be developed on coved streets surrounding Mud Lake on the Diago property. City Planner Al Brixius outlined staffs expectations regarding standards that would have to be met. The developer stated they understood that they would have to be responsible for the majority of Albertville's costs for construction of boarder roads with the City of Otsego involving 70th street and MacIver Avenue. The Council expressed interest in the plat design and gave approval for the developer to proceed with the preliminary platting process. . KARSTON COVE PRELIMINARY PLAT CUP/PUC City Planner Al Brixius presented the review comments for Karston Cove preliminary plat and CUP/PUD from the April 7, 2004 planning report and the Planning Commission review comments from the April 13, 2004 meeting. He indicates that all the staff and Planning Commission's comments are reflected in a draft on the Council findings dated 4-28-04. Mr. Brixius indicated that between the Planning Commission meeting and the City Council meeting, the applicant notified him that the proposed unit types did not fit the southern most lots in Karston Cove 3rd Addition and would require a setback variance. He indicated that staff and applicant have not remedied the variance request at this time. Mr. Brixius suggested that the Council could choose one of two options - continue the entire application or approve the preliminary plat/CUP/PUD for land north of 64th Street. Mr. Roger Fink, representing Woodside Communities LLC, presented information as to how they addressed the Planning Commission concerns. He then explained the housing type changes that created the setback issue. Mr. Fink requested approval. Mr. Brixius stated that the setback issue should be resolved prior to approving the plat south of 64th Street. Mayor Peterson asked Mr. Fink if approval of the northern portion of the plat was acceptable with him. Mr. Fink said it would be acceptable. . MOTION BY Councilmember Berning, seconded by Councilmember Fay to approve the following findings of fact and decision for that portion of the preliminary plat and CUP/PUD for Karston Cove 3rd Addition for that land lying north of 64th Street. Motion carried unanimously. . Albertville City Council Minutes May 3, 2004 Page 4 of9 5-03-04 CITY OF ALBERTVILLE City Council Findings of Fact & Decision Preliminary Plat/PUD Amendment Applicant's Name: Woodside Communities LLC Request: The applicant is re~uesting an amendment to a previously approved preliminary plat from 1998 for Karston Cove 3f Addition. The applicant has submitted plans for subdivision of 43 townhome units on 8.43 gross acres. The site is located south of CSAH 37 in the western City limits abutting Cedar Creek North development. The purpose of the application for preliminary plat/PUD amendment is to allow a change in the housing type from back to back townhomes to all row style townhomes for the site. Planning Commission Public Hearing Date: April 13, 2004 . City Council Meeting Date: May 3,2004 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 April 7, 2004, prepared by NAC is incorporated herein. B. The Planning Commission recommended approval of the application for preliminary platlPUD amendment with the following findings: 1. The Albertville Comprehensive Plan contemplates medium density residential development for the site. 2. The site is currently zoned R-5, Medium Density Multiple Family which allows the proposed uses and the density being requested by the applicant. 3. The applicant is proposing an amendment to a previously approved 1998 Karston Cove plat of which the number of units has not changed and the proposed grading plan is consistent with the previously approved grading plan. 4. The Planning Commission recommendation from their April 13, 2004 meeting is incorporated herein. . . . . Albertville City Council Minutes May 3, 2004 Page 5 of9 C. The applicant indicated that a change in housing style may result in setback encroachment for townhome lots located south of 64th Street. Decision: Based on the foregoing information and applicable ordinances, the City Council APPROVES that portion of the Karston Cove 3rd Addition preliminary plat and CUP/PUD based on plans dated 3/09/04 and subsequent revisions received to date subject to the following conditions: 1. The open off-street parking stalls located north of 64th Street between the townhomes and the street shall be relocated to the north side of the townhomes in Block 1. 2. No parking shall be allowed on the private streets. The applicant shall be responsible for providing and posting "no parking" signs near and along all private drives. 3. The turning radii of the street intersections shall be subject to review and approval by the City Fire Chief. 4. The applicant shall show snow storage areas on the site plan that will be implemented during the plowing of all private streets. 5. The applicant shall provide revised landscape plans that include the following: a. All plantings shall be relocated from the traffic visibility triangles where private streets enter 65th Street. b. Additional overstory deciduous trees shall be planted along both sides of 64th Street. c. Additional landscaping shall be placed in the northeast portion of the PUD to provide screening between existing townhomes in Kollville Estates and the proposed Karston Cove townhomes. 6. All signs proposed for the site shall require sign permits. The applicant shall be responsible for the installation and payment of all street signs and traffic control signs. 7. The applicant shall submit a photometric plan and provide details on all light fixtures for review and approval by City staff. All lighting shall be hooded and with a 90 degree cutoff to prevent glare for adjoining properties. The Planning Commission also recommended additional lighting to be located at all guest parking locations and at the north end of the private drives. 8. Grading, drainage and utility plans are subject to reVIew and approval of the City Engineer. . Albertville City Council Minutes May 3, 2004 Page 6 of9 9. Lots 1, 2, and 10, Block 1 shall be revised to allow for a 20 foot buffer along the wetlands per 1998 approvals. 10. Buffer areas shall be maintained with native planting materials. 11. The applicant shall submit revised building elevations that illustrate a minimum of 25 percent of all walls having exterior finishes of brick or stone. 12. The applicant shall enter into a development agreement with the City. 13. The applicant shall submit homeowners association documents for review and approval by the City Attorney. Said documents must specifically outline the maintenance responsibilities for private streets and common areas owned by the association. 14. The applicant will provide a sidewalk along the south side of 64th Street. 15. The applicant shall include in all sales material for the Karston Cove 3rd Addition townhomes a map that depicts the location and the intended use for the parking area in Winter Park. . Adopted by the Albertville City Council this 3rd day of May 2004. ENGINEERING ARENA - STRUCTURAL ENGINEERING City Engineer Pete Carlson presented a proposal in the amount of $10,500 to complete the structural engineering portion of the arena addition. Discussion was held as to whether the architectural firm volunteering their services was going to be able to sign an agreement for services providing plans and specifications for bidding, project management, and inspection including oversight through the warranty period and final closeout. Donated labor and materials is an integral part of the project, but the City will need to follow bidding guidelines. It may be difficult to get a bid from a general contractor ifhe needs to rely on volunteers for work and materials. It was suggested that a list of businesses and individuals could be provided to perspective bidders so they can contractually incorporate donated materials into their general bid; thus the City would have a contact with one general contractor and in turn the general contractor would have agreements with his subcontractors and vendors and could follow the normal construction process and administration. City Administrator Kruse will meet with key individuals to try to coordinate these activities and bring a plan of action back to the Council. . . . . Albertville City Council Minutes May 3, 2004 Page 7 of 9 2004 STREET OVERLAY City Engineer Pete Carlson presented an overview of the 2004 street overlay and seal coating plan as follows: Street Overlays 50th Street Overlay Miscellaneous Patching Miscellaneous Curb Repair Street Seal Coating Total $ 65,000 $ 12,000 $ 5,000 $ 7,500 $ 20,000 $109,500 The Council suggested it might be good to extend several of the maintenance segments assuming the streets need it. MOTION BY Councilmember Klecker, seconded by Councilmember Berning to authorize the City Engineer to advertise for bids on the 2004 Street Overlay program. Motion carried unanimously. 2004 CSAH 37 BIKE PATH City Engineer Pete Carlson presented the Feasibility Report for the CSAH 37 Bike Path Project reviewing the report. The consensus of the Council was to have staff present a summary report of the cost of the 50th Street Trail Project, CSAH 37 Bike Path, Winter Park Improvements, and Albert Villas Park Improvements, with a financial report of Park Dedication Funds. TRAINS Mayor Peterson reported a 40 to 50 car train came through and blocked traffic for an extended period of time, backing up, etc. City Engineer Pete Carlson will contact Virgil at the County to review safety issues and report back to the Council. LEGAL MOTION BY Mayor Peterson, seconded by Councilmember Fay to adopt a Resolution for an Assessment Public Hearing for Country Inn Suites and D. Michael B's Restaurant regarding SAC Charges for Monday, June ih at 7:00 p.m. PARK BOARD City Attorney Mike Couri presented an overview of the powers and duties of a Park Board. After hearing the report, the consensus of the Council was to not form a Park Board as the City Council wants to maintain this authority. The City can seek additional representation from the Community to advice and guidance to the Council via a Park Committee. . Albertville City Council Minutes May 3, 2004 Page 8 of9 ADMINISTRATION Reviewed City Administrator Kruse's written report. CITY OF OTSEGO AND ALBERTVILLE JOINT MEETING City Administrator Kruse met with Otsego City Administrator Mike Robertson and presented several dates for the next joint meeting as follows: June 30th, July 21st, and July 28th, at 6:30 p.m. MOTION BY Councilmember Berning, seconded by Councilmember Klecker to set 6:30 p.m. Wednesday, June 30th at the Albertville City Hall, as the next joint meeting to discuss fire contract, fire service area, water connects, Otsego Creek and border roads. Motion carried unanimously. YMCA Mayor Peterson and City Administrator Kruse updated the Council on the status of the YMCA survey stating the survey is 75% complete and data collection will be completed in the next few weeks. The response has been really good and a report is expected back in about 60 days. . SKATE PARK DISCUSSION The Parks Committee had staff pull the skate park equipment as the users would not comply with the rules and the neighborhood was experiencing after hours noise and activity that was not acceptable. The future of continuing the skate park is in question at this time. Councilmember Berning requested the Sheriff Department attend the next meeting to address the lack of enforcement in a situation like the skate park. SIGNS The Council requested a letter be sent to all realtors, developers and contractors outlining sign compliance regarding the numerous signs proliferating the roadsides. . HIRING CITY FINANCE DIRECTOR MOTION BY Mayor Peterson, seconded by Councilmember Berning to hire Tina Kneip with a starting date of May 24th at a salary of$53,000 per year and a $1,000 increase upon passing the six month probationary period, based on a satisfactory performance review. Vacation will be accrued bi-weekly based upon an annual allotment of 10 days. It is further understood that due to her wedding she will receive time off for June 4th and 7th, July 5-9th, and October I5-25th, this will be granted as leave without pay; should she not have accumulated enough vacation at the time of the event. Motion carried unanimously. . . . Albertville City Council Minutes May 3, 2004 Page 9 of9 ADJOURNMENT MOTION BY Councilmember Klecker, seconded by Councilmember Fay to adjourn the meeting at 10:30 p.m. Motion carried unanimously. ~--.kn:r:~ Don Peterson, Mayor '\~