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2004-07-06 CC Minutes . . . ALBERTVILLE CITY COUNCIL City of Albertville Minutes July 6, 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, Acting City Attorney Dave Wendorf, 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 Berning, seconded by Councilmember Klecker to approve the minutes of June 21 st regular meeting, June 30th Joint meeting and the June 30th Council Budget meeting with changing the minutes to reflect not starting City Hall until January 2005. Motion carried unanimously. AGENDA: MOTION BY Councilmember Fay, seconded by Councilmember Rich to approve the agenda adding the following items: ~ Cedar Creek's request to have a permit for an outside band ~ Albert Villas Park ~ Workshop on I -94 ramps ~ City Hall Project ~ Reader Board Sign Motion carried unanimously. CONSENT AGENDA: MOTION BY Councilmember Klecker, seconded by Councilmember Fay to approve the following consent agenda items with Councilmember Fay pulling check no. 19941: a. Approve payment of claims check number 19920 to 19974 b. Accept and approve an $11,000 amount from Douglas Psyk Motion carried unanimously. PULLED AGENDA ITEMS: The bill in question was from Inspectron, who covered for Jon Sutherland while he was on vacation. It was further explained that no part-time building inspector had been hired this year and for now, Inspectron was covering to assist Jon from time-to-time. . Albertville City Council Minutes July 6, 2004 Page 2 of6 MOTION BY Councilmember Fay, seconded by Councilmember Rich to approve payment ofthe Inspectron bill. Motion carried unanimously. LIVE MUSIC REQUESTS: The 152 Club and Cedar Creek Golf Course requested to have a band. Deb Holm, owner of the 152 Club commented that Albertville's noise ordinance is too restrictive. She further stated that if one establishment can have a band, then the 152 Club should be able to have one too. According to the ordinance, the 152 Club would not meet the required separation of residential housing. The Council response was that due to the close proximity of neighbors, the City gets complaints and the music at times disrupts the neighbors. Some neighborhoods have 55 and older housing units and it gets to be a problem. The City did receive one complaint about load music at the golf course. By consensus the City Council decided not to issue any permits at this time. DEPARTMENT BUSINESS: . STREET AND PARK DEPARTMENT: SKATE PARK Supervisor Guimont asked the Council what their plans were for the skateboard park. It was suggested that staff check what other cities are doing to control the skate parks and to see if FYCC is interested in supervising. WESTWIND PARK ROCK WALL Supervisor Guimont presented a recommendation from the park committee to accept Timberland's offer to assist with erection of a rock wall in Westwind Park. To proceed, the City would need to purchase a $4,300 rock unit, plus sales tax. MOTION BY Mayor Peterson, seconded by Councilmember Fay to authorize staff to purchase a rock-climbing unit at a cost of $4,300 plus tax. Motion carried unanimously. The Council noted and requested a thank you be sent to Timberland for the excellent job on the 57th Street bench and sidewalk rest area. UTILITIES REPORT MOTION BY Councilmember Berning, seconded by Councilmember Rich to acknowledge and accept the written Utility Department Report of John Middendorf. Motion carried unanimously. PUBLIC FACILITY BONDING: Paul Donna, from Northland Securities, made a brief presentation outlining the options for financing the Public Works Facility under construction. Donna presented options for both a . negotiated bond sale and a competitive bid process. . . . Albertville City Council Minutes July 6, 2004 Page 3 of6 By consensus the Council agreed to proceed with a negotiated sale with a term of 20 years. City Administrator Kruse suggested the Council revisit what makes up the total amount used in Donna's analysis. Mayor Peterson and Councilmember Rich volunteered to review the amount to size the bond amount prior to Donna proceeding. PLANNING: ALBERVILLE PREMIUM OUTLET MALL CUP/PUD Amendments to approve the location of storage sheds and allow a reduction in the fence height as required in the original PUD: City Planner Brixius presented the Council with the Planning Commission's comments and findings as on file in the Office of the City Clerk. A rather extensive discussion ensued regarding the applicant to remove the spoil dirt pile west of the mall and work with the City on extension ofthe street for emergency situations. MOTION BY Mayor Peterson, seconded by Councilmember Rich to request that the applicant and City staff negotiate an agreement regarding the dirt pile and street west of the mall and come back to the next Council meeting and the Council deal with the applicant's requests as a package. Motion carried unanimously. CONTRACTOR PROPERTY DEVELOPER CUP for off-site parking; Site and Building Plan Review. City Planner Brixius reviewed the City Council Findings of Fact and Decision report noting that it had been amended to reflect the rock foundation as required by the City Council at the last meeting. MOTION BY Councilmember Berning, seconded by Councilmember Fay to approve the City Council Findings and Council Decision as on file in the Office of the City Clerk. Motion carried unanimously. FINN DANIELS INC, PRELIMINARY PLAT, CUP for minor automobile repair facility and drive through service lane; PUD/CUP for shared access and parking. City Planner Brixius presented the Council with the Findings of Fact and Council Decision and noted the applicant's request to allow two way traffic into the double bays by their personnel. MOTION BY Councilmember Rich, seconded by Councilmember Berning to approve the City Council Findings of Fact and Council Decision for the Preliminary Plat and CUP as on file in the Office of the City Clerk, excluding approval of the comprehensive sign plan, which is to be reviewed by the City Planner and brought back to the Council. No outdoor for sale signs shall be permitted. No outdoor storage or parking for vehicle repair for more than 24 hours shall be allowed. Further, that all approvals are conditions on payment of all outstanding developer billings. Motion carried unanimously. . Albertville City Council Minutes July 6, 2004 Page 4 of6 JAMES FRANKLIN AND LeBRUN ELECTRIC CUP to use existing building for lighting and electrical supply and electrical contracting facility: City Planner Brixius presented the Council with the Council Findings of Fact and Decision report. The Council discussed how to resolve the major hurtle of the failing septic system and the lack of municipal sewer adjoining the property. MOTION BY Councilmember Fay, seconded by Councilmember Rich to approve the Findings of Fact and Council Decision for the James Franklin property conditioned on the septic system meeting the 7080 requirements. Further, as a temporary situation, the Franklin's/LeBrun's can install a holding tank, or convert the current septic tanks into a sealed holding tank and pump them as necessary, or they may lease land on the adjoining lot and extend a temporary septic field or mound system there, or they may enter into an agreement and pay for the City to complete a feasibility report to extend municipal sewer to the site. Motion carried unanimously. KENT ROESSLER, LLC, PRELIMINARY AND FINAL PLA T APPROVAL MOTION BY Councilmember Berning, seconded by Councilmember Klecker to approve the Findings of Fact and Council Decision for the Preliminary and Final Plat. Motion carried unanimously. . KENT ROESSLER, CUP/PUD site plan approval to allow three office buildings within the site. MOTION BY Councilmember Rich, seconded by Councilmember Klecker to acknowledge and accept the letter of withdrawal of the CUP/PUD application by Kent Roessler with all fees to be paid by the Developer. Motion carried unanimously. ENGINEERING: ARENA BIDS City Engineer Carlson gave an overview of the arena project noting that it is being fast-tracked to try and get construction completed yet this fall. Plans are not yet complete, but very close and he is requesting authorization to bid. MOTION BY Councilmember Klecker, seconded by Mayor Peterson to authorize bidding the arena project subject to the terms of the agreement between STMA School District and City ofSt. Michael. Motion carried unanimously. 50TH STREET TRAIL BID OPENING City Engineer Carlson reported that the City received five trail bids with the low bidder being Buffalo Bituminous in the amount of$339,995.06. MOTION BY Councilmember Berning, seconded by Councilmember Rich to accept the low bid of Buffalo Bituminous in the amount of$339,995.06, subject to the approval of the City ofSt. Michael . and the City obtaining all easements. Motion carried unanimously. . . Albertville City Council Minutes July 6, 2004 Page 5 of6 CSAH 19 AND TOWNE LAKES DEVELOPMENT City Engineer Carlson presented a memorandum of agreement whereby Towne Lakes Development wants to develop 68th Street. In a joint meeting with Albertville staff and Wright County, concerns were expressed about improving CSAH 19 and limiting turning movements via a center median. Towne Lakes expressed interest in funding an engineering feasibility report to identify the cost and design of transportation improvements. MOTION BY Councilmember Berning, seconded by Mayor Peterson to approve contracting with S.E.H. to complete a feasibility report for CSAH 19 north to the 70th Street intersection, with Towne Lakes escrowing the $4,800 amount to pay for the study. Motion carried unanimously. ALBERT VILLAS PARK Councilmember Berning expressed displeasure that the park was not seeded in time to allow fall play there. City Engineer Carlson will check into it further and report back to the City Council. 1-94 ACCESS PERMIT MOTION BY Councilmember Berning, seconded by Councilmember Fay to set Tuesday, July 27th as a public meeting to review several different County Road 19 concepts. Starting at 6:00 p.m. to 7:00 p.m. will be an open house and at 7:00 p.m. a brief presentation about the concepts will be given. Motion carried unanimously. LEGAL: PRAIRIE RUN REQUEST TO LOWER LETTER OF CREDIT: Developer Dean Johnson requested the City Council reconsider the 100% Letter of Credit to guarantee the special assessments for his project. In a conference call with the City Attorney, City Administrator and City Engineer it was suggested that the Developer present a 100% letter of credit for developer activities and the City require a 50% Letter of Credit pertaining to the assessments. MOTION BY Councilmember Berning, seconded by Councilmember Rich to reduce the municipal improvement portion of the letter of credit requirement to 50% of the estimated cost ofthe municipal improvement on the residential portion of the plat. HEURING STORMW ATER POND EASEMENT, TEMPORARY CONSTRUCTION EASEMENT AND CROP DAMAGE AGREEMENT MOTION BY Mayor Peterson, seconded by Councilmember Berning to authorize signing of the Heuring Stormwater Pond Easement and the Temporary Construction easement as presented. Motion carried unanimously. ADMINISTRATION: ADMINISTRATIVE REPORT Council reviewed and acknowledged receipt of the City Administrator's written report. . YMCA . . . Albertville City Council Minutes July 6, 2004 Page 6 of6 City Administrator Kruse mailed each Councilmember a copy of the newly complete YMCA feasibility study for review and comment. City Administrator Kruse suggested the Council formulate to what extent the City wants to financially contribute towards a YMCA in Albertville, or likewise in St. Michael. CITY HALL/COMMUNITY FACILITY Mayor Peterson suggested that the council reconsider its' action at the last meeting to table drawing up plans for the new Community Facility until after January 2005. Sentiments were expressed both pro and con and the issue will be revisited at another meeting. CITY READER BOARD SIGN The Council expressed interest in adding the word "Park" to the City's panel, directing traffic to the City Park. ADJOURNMENT MOTION BY Councilmember Fay, seconded by Councilmember Klecker to adjourn the meeting at 10:00 p.m. Motion carried unanimously. ~~ 7-1-~ Don Peterson, Mayor ~