2004-09-07 CC Minutes
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ALBERTVILLE CITY COUNCIL
City of Albertville Minutes
September 7, 2004
Albertville City Hall
7:00 PM
PRESENT: Mayor Don Peterson, Council members LeRoy Berning, Tom Fay, Ron Klecker,
City Engineer Pete Carlson, City Attorney Mike Couri, City Planner Al Brixius and City
Administrator Larry Kruse
Absent: Council member Dorothy Rich
Mayor Peterson called the City Council meeting of the City of Albertville to order at
7:00 p.m.
AGENDA
MOTION BY Council member Berning, seconded by Council member Fay to approve the
agenda with the following additions:
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Cedar Creek South 7th Walking Path
Heuring Cows and Manure
Albertville Crossings - LaCentre Sidewalks
Motion carried unanimously.
MINUTES
MOTION BY Council member Klecker, seconded by Council member Berning to approve
the City Council Minutes of August 16,23, and 30 2004, and the August 16,2004 EDA
Minutes as presented. Motion carried unanimously.
CITIZEN'S FORUM
No comments
CONSENT AGENDA
MOTION BY Council member Fay, seconded by Council member Klecker to approve the
consent agenda as follows pulling S.E.H. Check 20260 and item 0 (Fixed Asset Policy) for
more discussion.
a. Approve payment of claims check number 20215-20274.
b. Approve the City Engineers recommendation to pay final payment #3 to Buffalo
Bituminous for the 2003 Overlay project in the amount of$2,989.35.
c. Approve the City Engineers recommendation to make final payment of $686.70
to Kuechle Underground for the 2003 Main Avenue Storm Sewer Project.
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September 7, 2004
Page 2 of7
d. Approve the City Engineers recommendation to make payment #1 to Minnesota
Native Landscapes for the 2003 Primary School Ball Fields seeding in the
amount of$9,475.82.
e. Approve the City Engineers recommendation to make payment #1 to Pearson
Brothers, Inc. for the 2004 Seal Coat Improvement in the amount of$17,757.97.
f. Approve the City Engineers recommendation to make payment to Hennen
Construction in the amount of $582.00 to install a temporary bituminous curb
for Erosion Control on Kassel Avenue NE. Further to bill Edina Development
for this Albert Villas 6th work.
g. Approve the City Engineers recommendation to make payment to Hennen
Construction in the amount of $1 ,440.00 to install drain tile and bill Edina
Development.
h. Adopt Resolution Amending Resolution No. 2004-21 Appointing Election
Judges.
1. Approve Resolution certifying the City of Albertville Preliminary Levy.
J. Approve amending the 2004 annual budget as per the August 30 Council
Workshop.
k. Approve the City Administrator purchasing a document scanning system at an
amount not to exceed $16,000 and applicable Banyon Data Software for GSAB
34 and server needs.
1. Set Monday, September 27 - from 6:00 - 8:00 p.m. for Sexual Harassment
Training - General session and from 8:00 - 8:30 p.m. for Supervisors.
m. Approve Woodside Community's request to close a small section of 64th Street
and delay final lift of bituminous until 2005.
n. Set Wednesday, November 3 - from 6:00 - 6:50 p.m. Canvass Board - Election
Results.
o. Approve City of Albertville Fixed Asset Policy/Guideline for GASB 34.
p. Approve St. Michael Catholic Church's application for a Non-Intoxicating Malt
Liquor License For May 21,2005 with hours of operation from 5p.m.-12:00
midnight.
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Motion carried unanimously.
PULLED ITEMS
Council member Berning questioned why the City continues to be billed for the Northeast
Wright County Transportation Study. City Engineer Carlson stated he would review the bill
and respond at the next council meeting.
MOTION BY Councilmember Berning, seconded by Council member Klecker to approve
check number 20260 to S.E.H. as presented. Motion carried unanimously.
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ORDINANCE REVIEW
The City Council reviewed the following ordinances and made the following comments:
a. Sign Ordinance:
1. Temporary and Portable Signs - Amend the number of signs for non-profits
from 8 to 3 on page 46.
2. Garage Sale and Open House signs - Seek builder and developer input.
b. Nuisance Ordinance--questioned the 12 hour allowance to remove snow and ice
from the sidewalk.
c. Administrative Penalty Ordinance - None.
d. Regulating the Discharge of Sump Pump - Questioned non-allowing air
conditioning into the sanitary sewer; why provide for a hardship; and add language
for existing home to not connect to drain tile.
e. Escrow Ordinance - None.
f. Building Code Ordinance - Questioned how this would affect existing business
that has a change in use.
ASSESSMENT HEARING FOR SAC FOR HEIDI'S CAR WASH
MOTION BY Council member Berning, seconded by Council member Klecker to adopt
Resolution Number R-2004-28 calling for a hearing on proposed assessments for Sewer
Access Charge for Heidi's Market, Inc. for Monday, October 4th at 7:00 p.m. Motion carried
unanimously.
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DEPARTMENT BUSINESS
STREET AND PARKS DEPARTMENT:
Truck purchase -
MOTION BY Council member Klecker, seconded by Mayor Peterson to authorize staff to
purchase a 2005 Sterling Cab and Chasis from Boyer Ford for $56,120 plus state sales tax.
This bid is under the State of Minnesota purchasing contract. Delivery for the cab and chassis
is scheduled for February 2005. The quote for equipment to follow later. Motion carried
unanimously.
MOTION BY Council Member Klecker, seconded by Mayor Peterson to accept the quote
from:
Countryside Fence to install a backstop, fencing for $5,400.00
Dennis Fehn to grade, infield and install aglime for $5,450.00
A contactor to install a concrete slab for bleachers and around the backstop for $5,400
Motion carried unanimously.
MOTION BY Council member Klecker, seconded by Mayor Peterson to approve a quote
from Tristar Electric in the amount of $1 ,245 for additiona1lighting and outlets at the City
Park Building. Motion carried unanimously.
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PLANNING AND ZONING
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TOWNE LAKES ROUND-A-BOUT LANDSCAPING: City Planner Brixius presented
CPDC's request to do a water feature in the round-a-bout instead ofthe clock tower due to
soils and the large area would dwarf the clock tower.
MOTION BY Council member Peterson, seconded by Council member Fay to approve
CDPC working with staff to compete a water feature in the Towne Lakes round-a-bout.
Motion carried unanimously.
FTTH COMMUNICATIONS LLC CUP/PUDIDRIVEW A Y ACCESS:
MOTION BY Council member Klecker, seconded by Council member Berning to approve
the FTTH Communications LLC CUP/PUD/Driveway access as per the City Planners Report,
City Council Findings of Fact and Council Decision on file in the office of the City Clerk.
Motion carried unanimously.
ALBERTVILLE PREMIUM OUTLETS OFF PEAK GENERATOR:
After much discussion, the Council consensus was to allow Wright Hennepin to work
administratively with the City Administrator and City Planner to site backup generators at the
Mall. The Council expressed concerns about locating the generators near CSAH 19 and
prefers siting them on the west side of the Mall.
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ALBERTVILLE CROSSINGS DUMPSTERS AND SCREENING:
City Planner Al Brixius presented a letter from H.J. Development regarding the dumpsters
and related screening. Brixius stated he would research deeper with City Attorney Couri to
identify if approved plans were not followed and what remedies can be applied to correct the
situation.
MICHAEL POTTER SITE WETLAND TECHNICAL EVALUATION PANEL
RECOMMENDATION
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City Attorney Couri presented a legal background related to Potter's exemption application, a
summary of relevant facts, a staff report detailing the issues and relevant events bearing on
the application, and proposed findings of fact and decision. Couri reviewed the report and
noted that the record shows that City staffs file indicated that all materials necessary to
process Potter's application were received by City Staff on June 28, 2004, that on August 2,
2004, the City Council tabled action on a recommendation of the TEP panel, and that on
August 26th, City staff sent a notice to Potter's attorney extending the time to decide this issue
under Minn. Stat. S 15.99 by 60 days. Couri noted that the materials to complete the file were
actually received by City Staff on June 25th, and that the 60-day extension notice sent on
August 26th was sent on the 62nd day, rather than the 58th day as originally thought. Couri
indicated that his office found the statute that made S 15.99 applicable to this application on
August 26th, and sent the notice out the same day, and that the extension notice would likely
not have been sent out any sooner even if the June 25th file completion date had been correctly
referenced. As a result, under Minn. Stat. S 15.99, Potter's exemption application appears to
have been approved by operation oflaw on August 24th, the 60th day after the application was
complete.
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However, Couri believed that at the August 2nd meeting, Jack Perry, Potter's Attorney, had
asked the City Council to not decide the exemption issue until Perry could submit proposed
findings for the City Council to consider. These proposed findings were received on August
30th, after the expiration of the 60 day period. Couri stated that if Perry did ask the Council to
delay a decision on the matter until Perry could submit findings, Potter may be estopped from
now claiming that the City did not decide the issue within the 60-day period required by
Minn. Stat. 15.99. Couri stated that the 60-day issue should be decided by the Council first,
followed by a decision of the Council on the merits of the exemption application, regardless
of how the ~ 15.99 issues was decided so that there would be a record if anyone appealed.
Jack Perry stated that he believed that the 60-day rule had been violated and urged the City
Council to find the exemption granted under Minn. Stat. ~ 15.99. Perry supplied the Council
with proposed findings stating that the exemption was granted by operation of ~ 15.99. Perry
stated that he did not ask the Council to delay consideration of the TEP's recommendation on
August 2nd, but merely asked to be allowed to submit findings ifthe City was going to delay
its decision.
The consensus of the Council was that Perry did not ask the Council to delay the decision, but
that the Council delayed the decision because it wanted to hear from a TEP panel
representative in person.
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MOTION BY Council member Berning, seconded by Council member Klecker to accept the
findings of fact provided by Perry which granted the exemption by operation of law under ~
15.99. All present voted aye; none opposed. Motion carried unanimously.
Couri explained that the effect of the approval would be to grant an exemption to fill the
wetlands on Potter's property to the extent shown in the original grading and drainage plan
approved with the preliminary plat submittal by the Frankfort Township Board on June 5,
1989, subject to any Army Corps requirements and any requirements of Minnesota Rules
regarding avoidance in exemption situations.
ENGINEERING
PREMIUM OUTLET WEST ACCESS ROAD STUDY:
S.E.H. Engineer Bob Moberg presented the Mall Access Road Study to the City Council
outlining the project cost and the need to mitigate wetlands to accomplish the improvement.
The Council discussed the safety issues with the major mall complex only having one
entrance and exit. Staff was asked to meet with Mall representatives to seek their cooperation
and input into the plan.
MOTION BY Council member Klecker, seconded by Council member Fay to accept the
Premium Outlet West Access Road Feasibility Study as on file in the office of the City Clerk.
Motion carried unanimously.
COLLECTOR -INFRASTRUCTURE FEE STUDY:
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S.E.H. Engineer Bob Moberg presented the draft report studying collector improvements
planned in the next twenty to forty years including 70th Street from Kadler to MacIver, CSAH
19, 50th Street west ofCSAH 19 and the 1-94 Interchanges.
The City Council requested that Street lighting for CSAH 19 be included as well as
redevelopment of the downtown area involving Main Avenue, Barthel Industrial Road and
CSAH 37.
Moberg was directed to update the study reflecting the additional items and report back to the
City Council on October 4th.
ARENA LOCKER ROOM ADDITION:
Bids were received on the arena addition as follows: Hunnerberg Construction, $1,279,000;
Ebert Construction $1,298,000; Gen-Con Construction $1,364,000 and Nelson Bldg. and
Development $1,379,700.
City Engineer Carlson stated the bids were much higher than anticipated, and that the donated
labor and materials solicited by the Hockey Association did not filter through the bidding
process. The City Council took the bids under advisement and will share the information with
the Hockey Association.
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CEDAR CREEK SOUTH 7TH WALKING PATHS:
The City Council expressed concern why the Albertvillas ih trail and the Cedar Greek Golf
Course trail has not been completed. City Engineer Carlson said he would check it out further
and report back to council at the next meeting.
LEGAL
KARSTON COVE DEVELOPER'S AGREEMENT (Technical changes)
City Attorney Couri presented minor technical changes including the ability of the Developer
to install deck post in the setback area as per the site plans, which would be attached to the
Developer's Agreement.
MOTION BY Council member Klecker, seconded by Council member Fay to authorize the
City Administrator and City Attorney to modify the Karston Cove Developer's Agreement to
reflect the technical changes including allowing deck post in the setback area. Motion carried
unanimously.
HEURING COWS AND MANURE:
The City Council expressed displeasure that Robert Heuring has not moved his cattle and
manure piles as per the Developers Agreement. City Attorney Couri stated he would get right
on it and serve him notice ofthe default. Once served he would have 30 days to correct or
face further legal action.
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ALBERTVILLE CROSSINGS SIDEWALKS AT LAC ENTRE
The City Council stated they wanted the sidewalks to be installed yet this fall.
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CITY ADMINSTRA TOR'S REPORT:
City Administrator Kruse reviewed his written report and fielded questions about numerous
topics.
Council member Berning requested that we consider including replacing the clay tile sewers
in the Capital Improvement Program.
ADJOURNMENT
MOTION BY Council member Klecker, seconded by Council member Berning to adjourn
the meeting at 11 :30 p.m. Motion carried unanimously.
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