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2004-10-04 CC Minutes . ~ ~1?-~!'!.U!~ City of Albertville City Council Minutes October 4, 2004 Albertville City Hall 7:00 PM PRESENT: Mayor Don Peterson, Council members Dorothy Rich, Ron Klecker, Tom Fay and LeRoy Berning, City Planner Al Brixius, City Attorney Mike Couri, City Engineer Pete Carlson, Finance Director Tina Lannes, Building Official/Zoning Administrator Jon Sutherland and City Clerk/Secretary Bridget Miller ABSENT: City Administrator Larry Kruse Mayor Peterson called the City Council meeting of the City of Albertville to order at 7:00 p.m. They began with the Pledge of Allegiance. . AGENDA MOTION BY Council member Berning, seconded by Council member Klecker to approve the Agenda as amended. Motion carried unanimously. Add Items: 8.aA. Zoning Updates 8.b.3. Street Signage (SOth Street) 8.e.3. Adoption ofGASB 34 Guidelines 8.eA. Changing Water and Sewer Bills payment deadline 8.e.5. Noise MINUTES: MOTION BY Council member Klecker, seconded by Council member Berning to approve the September 20, 2004, City Council Workshop Minutes and Regular City Council Minutes as submitted. Motion carried unanimously. CITIZEN FORUM Lori Schmidt candidate for State Representative from Legislative District 19B and resident of Otsego introduced herself to the Council and shared her campaign platform and asked for support in the upcoming election. Kurt Neidermeier, lives on sih Street complained about late night music and noise coming from Smackdown's Bar and Grille. The homeowners are looking to the City for any assistance with . the noise. Could they restrict the hours of music? Could an officer patrol the area around M:\Public Data\City Council\Council Minutes\2004 Minutes\M IO-04-04.doc . . . Albertville City Council Minutes October 4, 2004 Page 1 of 9 2:00 a.m. when the bar closes? They have contacted the sheriffs department to ask them to turn the music down, but the loud music and noise continues. The Mayor listened to the residents but stated that there is really not much the City can do. The owner is following the ordinances. He encouraged the residents to do is continue contacting the sheriff s department. Council member Klecker suggested that a letter from the City be sent to Smackdown's stating that it has been brought to our attention and if there is any chance they could turn the music down after a certain time. CONSENT AGENDA: MOTION BY Council member Rich, seconded by Council member Berning to approve the consent agenda. Motion carried unanimously. a. Approve payment of claims check number 20367- 20413 c. Approve the Engineer's recommendation to make final payment to LaTour Construction in the amount of $ 13,625.25 for the 2002 Northwest Commercial Park. d. Approve the Engineer's recommendation for Payment #1 to Dennis Fehn Gravel & Excavating, Inc. in the amount of$187,781.68 for the 2004 Prairie Run Project e. Approve the Engineer's recommendation to make Payment #1 to Universal Enterprises in the amount of $85,431.98 for the 2004 Street Overlay Project f. Approve the Engineer's recommendation to make Payment #1 to Buffalo Bituminous in the amount of $96,345.66 for the 2004 School Pedestrian and Bike Trail (50th Street) g. Approve the application for non-intoxicating Malt Liquor License for the Albertville Lions for Friday, October 29, 2004 from 4:30 to 11 :00 p.m. Proceeds for Lioness Fund ACTION ON PULLED CONSENT ITEMS: 5.a. Approve payment of claims check number 020385 Council member Fay questioned the check to Inspectron. He was under the impression that the City would hire Inspectron when Jon Sutherland was on vacation or out sick, but not on a regular basis. Is it because of the summer or some other reason? Building Inspector Sutherland explained that the workload requires additional staff and currently his department is within the budget. Currently an Inspectron employee assists with inspections about three days per week. MOTION BY Council member Fay, seconded by Council member Klecker to approve the Inspectron check number 020385. Motion carried unanimously. Albertville City Council Minutes October 4, 2004 Page 2 of 9 . 5.b. Approve the Engineer's recommendation for Change Order Number 1 to connect existing culverts, fIll and grade low area between 50th Street Trails in the amount of $1,537.00. Council member Fay stated he was under the impression that there were culverts to be installed. City Engineer Carlson informed the Council that the school requested an extension of the culvert and because the school removed the fence next to the trail, the amount saved by the school doing the fence work more than offset the cost to extend the culvert. City Administrator Kruse approved the contractor proceeding with the work as it was a time sensitive situation. MOTION BY Council member Klecker, seconded by Council member Fay to approve Change Order No.1 extending the culverts as requested by the school. Motion carried unanimously. . 5.h. Approve Public Works Facility Change Orders (CO) as follows: 1. CO# 1 - Increase footing size 2. CO# 2 - Dept of health rain leader mod 3. CO# 3 - Additional Electric in tool room 4. CO# 4 - Stub our power for future gate and diesel fuel pump 5. CO# 5 - Roof edge modification Council member Berning stated that the City hired S.E.H. to design these buildings and more and more we end up with these change orders. I feel S.E.H. should take some responsibility to the additional costs involved. Council member Fay asked about the electric in the tool room. City Engineer Carlson explained to the Council that they have a set of plans, but it is not a perfect set of plans. He wanted to know if the Council had a problem with the change orders or if it was more directed at S.E.H. Assistant City Engineer Duane Day was present to explain Change Order No.3. The reason for the Electric in the tool room was due to flip flopping the building and re- arrangement. They needed to turn the plans around quickly and it was missed on the plans. City Engineer Carlson asked if the City Council had a problem with S.E.H. or is it with the contractor. If it is with S.E.H., then the change order should be approved as the contractor performed the work in good faith and the City can write a letter to S.E.H. requesting further discussion ofS.E.H's responsibility in the matter. MOTION BY Council member Fay, seconded by Council member Klecker to approve change orders I - 4. The Council recommended City Administrator Larry Kruse to send a letter to S.E.H. stating the need to get additional information on Change Order No.5 and to further discuss S.E.H's responsibility with the other change orders. Motion carried unanimously. . . . . Albertville City Council Minutes October 4, 2004 Page 3 of 9 5.i. Adopt County Road 37 Traffic Signal Mayor Peterson wanted to know why we have this item on the agenda as this is old business. City Engineer Carlson did not know the reason. He was certain that there was a Resolution adopted. MOTION BY Mayor Peterson, seconded by Council member Fay to table to get additional information. Motion carried unanimously. ADOPTION OF BUILDING CODE ORDINANCE: MOTION BY Council member Berning, seconded by Council member Rich to adopt the Building Code Ordinance as presented without Section 5 (Fire Code - Sprinkled). Motion carried unanimously. DEPARTMENT BUSINESS: PLANNING AND ZONING Shoppes at Towne Lakes - Site and Building Plan Review Al Keller has submitted an application for Site and Building Plan review of the Shoppes at Towne Lakes One. The site and building plan review is for the multiple tenants building on Lot 4. The proposed building is 9,500 square feet and located in the northern portion of the development. Wanda Kramer representing G.c.r. Builders was present to answer any concerns or questions the Council might have. Mayor Peterson asked about the sidewalk along the rear of the building. Ms. Kramer said "yes" there is a sidewalk along the rear of the building there will be a service type sidewalk for the employees to take the trash out. Council member Fay asked about the trash enclosures and if the building will be sprinkled. Ms. Kramer said "yes" the building would be sprinkled if the code requires it. Council member Berning asked about sidewalks within the whole concept and if it lines up. MOTION BY Council member Klecker, seconded by Council member Rich to approve the Shoppes at Towne Lakes - Site and Building Plan Review. Motion carried unanimously. Albertville Crossings 3rd - Preliminary Plat / Final Plat Cascade II Land Development Companl is requesting a preliminary and final plat for Lot 1, Block 1, of the Albertville Crossings 3f Addition. The developer is preparing the land in . . . Albertville City Council Minutes October 4, 2004 Page 4 of 9 order to sell the lot for commercial development. The site is currently undeveloped, no buildings are proposed at this time. Staff finds that the proposed plat is generally consistent with the Subdivision Ordinance. There are three recommendations should the City Council approve this Preliminary and Final Plat. Mayor Peterson wanted to clarify regarding LaCentre A venue. From what he understands the road would be put in as a cul-de-sac for now but if sometime later it could be easily connected to the street to the north. Mayor Peterson stated 5ih Street is already become a busy comer and to add this connection would only make it busier. Council member Berning asked if the Barthel property is buildable and can the Lachman Avenue connection be constructed? City Engineer Carlson commented about noting extension of this future road in the Developer's Agreement. City Attorney Couri was not sure if that was the proper way to go. He would like to see it all planned out from the start. City Attorney Couri informed the Council that the Developer's Agreement would be placed on the next Council meeting. Council member Berning supported putting in Lachman Avenue and not LaCentre A venue. Installing Lachman would be more practical than installing LaCentre. City Planner Brixius wanted to know about the possibility of LaCentre Avenue becoming a private street on the north side of 57th Street. City Planner Brixius was hearing should Outlot A be developed as a private road now but plat the road and the City would get a Letter of Credit from the developer for $xxx amount to hold for building the road in xxx amount of time. MOTION BY Council member Klecker, seconded by Council member Berning to approve Findings of Fact and Council Decision for Albertville Crossings 3rd Addition Preliminary Plat and Final Plat as per the revised finding as on file in the office of the City Clerk. Motion carried unanimously. Shoppes at Prairie Run - Preliminary Plat / Site and Building Plan Review The applicant, Granite City Real Estate, LLC. has requested preliminary plat and site and building plan review for a three building, multi-tenant retail commercial development on two separate parcels. The development includes a mixture of retail uses including a future restaurant in the northern two buildings and a pet supply store in the southern building. The . . . Albertville City Council Minutes October 4,2004 Page 5 of 9 site is 4.98 acres in area, abuts County Road 19 to the east and Kyler Avenue to the west. The Comprehensive Plan designates the subject site for commercial use. The Zoning Map classifies this site as B-2, Limited Business District. The applicant is also requesting a CUP/PUD to allow for two principal dwellings to be located on one parcel. Council member Fay asked the applicant why he needed signage on the rear ofthe building? The applicant explained that as a customer enters the site from the rear they know where abouts on the front of the building the store would be located. Council member Fay then asked for the rear ofthe building to look more presentable. He recommended the applicant take a look at the Albertville Premium Outlets phase one buildings and imagine living behind this long monotone looking building. Council member Rich asked how much of the building will you actually see if there is going to be a berm and landscaping. The applicant explained that Kyler Avenue is about 2-feet below the site so there will be a berm and landscaping so you will probably see about 2/3 of the building. MOTION BY Council member Rich, seconded by Council member Fay to approve Shoppes at Prairie Run Preliminary Plat and Site and Building Plan Review. Motion carried unanimously. ENGINEERING Collector Road Study (Infrastructure fee) City Engineer Carlson reviewed the Collector Road Study Report prepared at the request of the City Council stating the purpose of the report is to quantify the cost of future collector infrastructure costs in an effort to develop a financing plan for these projects. The Council expressed concern that this type of planning should have been done 10 or 20 years ago, but agreed you can't change history. Other Council comments received include the impression that we are trying to penalize undeveloped property when the improvements benefit Albertville in general and our neighboring cities. The consensus of the Council was to compare the results of the Collector Road Study with infrastructure fees in Otsego and St. Michael before discussing it further. The Council requested the neighboring city information for the next meeting. 70th Street - Kadler Avenue and MacIver Avenue Master Transportation Plan City Engineer Carlson presented the 70th Street Master Planning Proposal from Kadler Avenue to MacIver Avenue as requested by the City Council. Carlson proposed the Albertville City Council Minutes October 4,2004 Page 6 of 9 . work be done on an hourly rate not to exceed $8,500. The work would involve coordinating the needs of both the City of Albertville and the City ofOtsego into a comprehensive document, which would be submitted to Wright County for their approval. The report will coordinate future transportation systems between the two cities. It is anticipated that the cost be shared equally between the two cities with Albertville fronting the costs now to be reimbursed during the next 70th Street project. City Engineer Carlson noted the importance to establish a master plan as not doing so could greatly negatively affect the tax capacity and property values in this area. Council member Fay had the opportunity to check out 70th Street prior to this meeting. At this time it did not look like what we are proposing and what Otsego is constructing will line up. City Engineer Carlson stated that is why we need to look at it now. There is the possibility that 70th Street could become a County Road. It was recommended that the City find out what Otsego is proposing and report back to the Council. Street Signage Mayor Peterson asked if the signage was being installed along 50th Street. . City Engineer Carlson was under the impression that Public Works Supervisor Guimont was taking care of the signage and it is being coordinated with the construction of the 50th Street trail. LEGAL Woodside Payment Release Letter City Attorney Couri went over the memo and explained the reason for the letter was to provide a comfort level to Woodside Communities that they would not be unnecessarily dragged into a lawsuit, when they have fulfilled their financial obligations to the City. City Attorney Couri stated specific language has been drafted which will protect the City and yet provide guidance to Woodside Communities on this matter. After the discussion the Council made some revisions for the City Attorney to make. MOTION BY Council member Berning, seconded by Mayor Peterson to approve the Payment Release Letter removing language limiting the ability for the City to seek payment from Woodside Communities. Motion carried unanimously. FINANCE Finance Report Finance Director Lannes reviewed the un-audited 2004 General Fund summary. . Albertville City Council Minutes October 4, 2004 Page 7 of 9 . MOTION BY Council member Klecker, seconded by Council member Fay to accept the Finance Report. Motion carried unanimously. Health Insurance and Wage Schedule Finance Director Lannes went over the Health Insurance and Wage Study. Council member Berning asked to table until City Administrator Kruse returns. Council member Rich commented that we needed to make a decision prior to that so the employees know what to expect. Mayor Peterson tabled the Health Insurance and Wage Study to the October 18th Council meeting. He also directed Council members to meet with City Administrator Kruse and Finance Director Lannes sometime between now and the next Council meeting. They could ask their questions and concerns so when they come back on October 18th we will make a decision. . Negaard/Eull and Goetsch Elevator Finance Director reviewed City Administrator Kruse and Lannes's memo with the Council outlining several options including the City financing the initial work to study the ability to Tax Increment Financing money to redevelop these downtown properties, or to have the Developer fund the study via an escrow agreement. MOTION BY Council member Berning, seconded by Mayor Peterson to approve the TIF - Eull/Anderson/Goetsch Elevator Properties under Option No.1 - Request the owners collectively deposit $5,000 in escrow to pay for a preliminary Redevelopment Tax Increment Financing Study to identify the potential sources and uses ofTIF funds to redevelop these properties. Motion carried unanimously. ADMINISTRATION Written Report Finance Director Lannes went over the Administrator's memo of general updates. Set Workshop for October 18 at 6:30 p.m. Finance Director Lannes asked if the Council would like to schedule a workshop for October 18th. Council did not want to meet until the City Administrator returned. . Fixed Asset Guidelines - GASB 34 Finance Director Lannes explained the Fixed Asset Guidelines document which was pulled from the September 7th agenda. Lannes told the Council the City of Albertville needs to implement the GASB 34 by December 31, 2004 and adoption of the depreciation schedule is necessary for staff to proceed. Lannes reported this plan has been approved by the Minnesota State Auditor, is compliant with GSAB 34 and is basically a guideline for depreciating assets. City Administrator Kruse and Finance Albertville City Council Minutes October 4, 2004 Page 8 of 9 . Director Lannes reviewed the Guidelines with City's Financial Auditors and KDV stated the City would not see any future negative financial implications, which was an earlier concern of the City Council. Finance Director Lannes requested the Council adopt the Guideline as presented. MOTION BY Council member Berning, seconded by Council member Fay to adopt the Fixed Asset - GASB 34 Guidelines as presented. Motion carried unanimously Sewer and Water Bills Council member Klecker asked the Council if it is okay to have the sewer and water bills due on the 15th. They had no problem with changing the due date. MOTION BY Council member Klecker, seconded by Council member Fay to change the due date for residential sewer and water dates to the 15th of the month. Motion carried unanimously. Noise Complaint Council member Klecker asked the Council if there is any chance we could post Noise Ordinance Enforced signs on 57th Street and County Road 19. Klecker receives a number of complaints from neighboring residents regarding the noise from Spectator's. . Mayor Peterson addressed the request saying the City can't really do much for the residents. What the residents could do is contact the sheriff's department when there is a problem. Mayor Peterson also felt there seems to be enough signs along CR 19 now and there is no need for additional signs. ADJOURNMENT Council member Rich wanted to bring to staff's attention on the calendar that is distributed the STMA Hockey Arena Board meeting begins at 6:00 p.m. MOTION BY Council member Rich, seconded by Council member Klecker to adjourn the meeting at 10:00 p.m. Motion carried unanimously. :;:;::2-(( ~ Don Peterson, Mayor c!~ Larry Krus .