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2004-05-17 CC Minutes . ALBERTVILLE CITY COUNCIL City of Albertville Minutes May 17,2004 Albertville City Hall 7:00 PM PRESENT: Mayor Don Peterson, Councilmembers LeRoy Berning, Tom Fay, Dorothy Rich, and Ron Klecker, City Engineer Pete Carlson, City Planner Al Brixius, City Attorney Mike Couri, and City Administrator Larry Kruse. Absent: None 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 Berning to approve the minutes of May 3rd and May 4th. Motion carried unanimously. AGENDA: . MOTION BY Councilmember Rich, seconded by Councilmember Klecker to approve the agenda adding the following items: . 1-94 Access Permit Update by S.E.H. . Electronic Records Retention System Presentation . Stan's Storage - Clean-up letter. . Community National Bank - Fraser Steel Subordination Agreement Motion carried unanimously. CONSENT AGENDA: MOTION BY Councilmember Klecker, seconded by Councilmember Berning to approve the following consent agenda. a. Approve payment of claims check number 19737-19769. b. Approve Public Works Facility Design and Construction Payment No.1 to Ebert Construction for this project in the amount of$141,075.00 as per the City Engineer's recommendation c. Approve Resolution number 2004-14 Establishing Scholarships and Awards to the Albertville City Royalty. d. Approve closing streets identified in the Albertville Friendly City Days letter dated May 1, 2004. . Motion carried unanimously. . . . Albertville City Council Minutes May 17,2004 Page 2 of 6 PULL CONSENT ITEMS: None CITIZEN FORUM: WRIGHT COUNTY COMMISSIONER EICHELBERG: County Commissioner Elmer Eichelberg attended the meeting at the invitation of City Administrator Kruse. Eichelberg stated he was glad to see the City Administrator's of Wright County meeting on a regular basis and promoting better communication with the County Board and County Department Heads stating it is long over due. Mayor Peterson stated before the City of Albertville adopts the "Wright County Cities Policy Statement", he wanted to insure that Commissioner Eichelberg understood that although annexation is one of the reasons this document was initially developed, that it was not the driving force behind Albertville supporting it, as other important issues are contained in the document. Albertville did not want to get involved in the annexation issue and have that cloud other opportunities for the City and County. Commissioner Eichelberg stated he was the lone supporter of the County not getting involved in the County taking an annexation position. Commissioner Eichelberg supports the cities organizing and working with Wright County to manage growth. SHERIFF'S REPORT Deputy _ was present and made a brief statement about past activities at the skate park and other general law enforcement questions from the City Council. PARKS CSAH 37 TRAIL IMPROVEMENT MOTION BY Councilmember Berning, seconded by Mayor Peterson to Authorize S.E.H. to develop plans and specifications for the CSAH 37 Trail. Motion carried unanimously. PUBLIC HEARINGS: None PLANNING: HEIDI'S MARKET CAR WASH MOTION BY Councilmember Berning, seconded by Councilmember Rich to approve the following findings of fact and decision for Heidi's Market Car Wash. Motion carried unanimously. . . . Albertville City Council Minutes May 17,2004 Page 3 of 6 Applicant's Name: H.R. Nelson Inc. Request: The applicant is requesting a conditional use permit to construct a 960 square foot car wash at the site that contains Heidi's Market located at 11850 62nd Street NE within the City of Albertville. Planning Commission Public Hearing Date: July 8, 2003 Continued to October 14, 2003 City Council Meeting Date: May 17, 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 June 24, 2003 prepared by NAC is incorporated herein. B. The Planning Commission for the recommendation for the applicant is incorporated herein. C. The site and building plans dated 6/9/03 are found to be consistent with the applicable provisions of the Albertville Zoning and Subdivision Ordinances, as well as the policies of the Comprehensive Plan subject to the conditions outlined by the Planning Commission and City Council recommendation. D. The letter dated October 10, 2003 from H.R. Nelson Inc. (Rob Nelson, President) and Gem Development Inc. (Greg Mundahl, President) indicating agreement pertaining to stormwater drainage issues related to the car wash improvements. Decision: Based on the foregoing information and applicable ordinances, the conditional use permit to construct a 960 square foot car wash at 11850 62nd Street NE in Albertville is approved based on the plans dated 6/9/03 and information received to date subject to the following conditions being addressed: 1. The overall traffic circulation and stacking for the car wash will be subject to the review and approval of the City Engineer. 2. The applicant shall identify the species ofthe over story trees and the over story trees shown on the site plan must be a minimum of two inch caliper in diameter. 3. The trash receptacle must be fully screened within a trash enclosure that is designed in a manner that is similar to the building exterior finishes. 4. All lighting shall be hooded with a 90 degree cutoff. The applicant shall submit the type of lighting that is being proposed and is subject to review and approval of City staff. . . . Albertville City Council Minutes May 17, 2004 Page 4 of6 5. A grading, drainage and erosion control plan be submitted for review and approval by the City Engineer. This plan shall include the following: a. An off-site stormwater pond to address both treatment and storage of stormwater from the entire car wash site. b. Submission of an easement from Gem Development Inc. to H.R. Nelson allowing for placement of stormwater pond and drainage facilities on the Gem Development site. 6. The retaining wall shall be subject to review and approval of the City Engineer. 7. The submission of a comprehensive sign plan that identifies the types and sizes of all signs located on the site. 8. The relocation of the LP tank to a concrete pad to a location north of the eastern parking area. Said location shall be subject to review and approval of the City Engineer and conform with all applicable City, State and MPCA requirements pertaining to placement of LP storage tanks. 9. City Attorney approval of submitted storm water easements. ENGINEERING PRAIRIE RUN IMPROVEMENT City Engineer Carlson presented a summary of the Prairie Run Bids noting that they will be confirming compliance with the bid, advising the City Council that they have 60 days to award the bid. City Attorney Couri advised the City Council that the City needs to get the Heuring Farming Agreement and Assessment Agreements signed prior to awarding the bid. The City Council acknowledges receipt of the Prairie Run Improvement Bids as on file in the Office of the City Clerk and will schedule it on the next agenda for acceptance. 1-94 ACCESS PERMIT UPDATE City Engineer Carlson stated that his firm had met with representatives of MNDOT to seek a commitment from them for the full access at 1-94 on CSAH 19 and 37. Engineer Carlson presented a modified collector/distributor concept for Council consideration. The Council determined that they would like Engineer Carlson to pursue this further, and seek guidance from MNDOT, to see if they would be willing to assist in funding the construction of a regular collector/distributor lane, which would require major bridge construction at a major increase in cost. . Albertville City Council Minutes May 17,2004 Page 5 of 6 LEGAL RESOLUTION CALLING FOR A PUBLIC HEARING TO ASSESS CSAH 19 IMPROVEMENTS: MOTION BY Councilmember Rich, seconded by Councilmember Fay to adopt a Resolution calling for a Public Hearing to assess CSAH 19 Improvements. Motion carried unanimously. RESOLUTION CALLING FOR A PUBLIC HEARING TO ASSESS SEWER ACCESS FEES (SAC) TO COUNTRY INN & SUITES. MOTION BY Councilmember Klecker, seconded by Councilmember Rich to adopt a Resolution calling for a Public Hearing to assess Sewer Access Fees (SAC) to Country Inn & Suites. Motion carried unanimously. RESOLUTION CALLING FOR A PUBLIC HEARING TO ASSESS SEWER ACCESS FEES (SAC) TO D. MICHAEL B'S. MOTION BY Councilmember Klecker, seconded by Councilmember Rich to adopt a Resolution calling for a Public Hearing to assess Sewer Access Fees (SAC) to D. Michael B's. Motion carried unanimously. . COMMUNITY NATIONAL BANK - FRASER STEEL LOAN SUBORDINATION MOTION BY Councilmember Rich, seconded by Councilmember Fay to authorize the City Administrator and City Clerk to sign a Subordination Agreement allowing Fraser Steel to refinance and for the City to maintain the same security position as before. Motion carried unanimously. ADMINISTRATION ADMINISTRATION REPORT: Reviewed City Administrator Kruse's written report. RECOMMENDATION TO HIRE A BUILDING TECHNICIAN, RECEPTIONIST, SECRETARY. MOTION BY Councilmember Fay, seconded by Councilmember Klecker to offer the position of Building Technician, receptionist, secretary to Tori Leonhardt at a rate of$15.50 per hour, with 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 with a starting date of June 7, 2004. Motion carried unanimously. . OTHER BUSINESS: OUTDOOR BAND AT GOLF COURSE MOTION BY Mayor Peterson, seconded by Councilmember Berning to pursue changing the noise ordinance allowing outside bands, if certain conditions are met. In the meantime, as this . . . Albertville City Council Minutes May 17, 2004 Page 6 of 6 ordinance language is developed to give a supportive indication that the Council will support this ordinance change. Motion carried with Councilmember Klecker voting nay. ADJOURNMENT MOTION BY Councilmember Berning, seconded by Councilmember Klecker to adjourn the meeting at 9:30 p.m. Motion carried unanimously. ~'..'."'---'-- 'Q, c---~"'. ., / ~, re, , Don Peterson, Mayor ~~