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2004-12-06 CC Minutes . . . ~ A.!1?.~!!.'!iJL€ City of Albertville City Council Minutes December 6, 2004 Albertville City Hall 7:00 PM PRESENT: Mayor Don Peterson, Council members Tom Fay, Dorothy Rich and LeRoy Berning, City Planner Al Brixius, City Attorney Mike Couri, City Engineer Pete Carlson, City Administrator Larry Kruse, and City Clerk Bridget Miller Mayor Peterson called the City Council meeting of the City of Albertville to order at 7:00 p.m, followed by the Pledge of Allegiance. AGENDA MOTION BY Council member Rich seconded by Council member Fay to approve the Agenda with the following amendments. Motion carried unanimously. Add Items: Administration - Authorization to proceed with Job Share Position for Front Desk Position Administration - Setting the time for City Administrator Performance Evaluation Engineer - Review ofMNDOT CR 19/37 Traffic Signal Light Agreement MINUTES: MOTION BY Council member Fay, seconded by Council member Rich to approve the November 15,2004 City Council minutes, November 29,2004 City Council Truth In Taxation minutes and November 30,2004 City Council Workshop minutes as presented. Motion carried unanimously. CITIZEN FORUM Mayor Peterson asked if there was anyone present that wanted to address the Council regarding issues that were not already on the agenda. Erik Skomsoyvog of 10202 Karston Avenue NE addressed the council. Stated he was aware the City had plans to develop a park behind his new house. Expressed concern regarding the removal of trees and underbrush, thus exposing the neighborhood to 1-94 traffic noise. Erik and a couple of his neighbors do not feel there is adequate space for a Frisbee Golf Course there. He understood that there would be a path connecting to the park allowing other residents access to the park. Council member Berning recommended that Erik and his neighbors attend the next Parks Committee meeting in January 2005 to express their ideas. By consensus, the Council directed staff to hold off any further work on Winter Park. Albertville City Council Minutes December 6, 2004 Page 2 of 10 . CONSENT AGENDA: MOTION BY Council member Rich, seconded by Council member Berning to approve the consent agenda pulling check number 20701. Motion carried unanimously. . a. Approve payment of claims check numbers 20653-20707 b. Approve the City Engineer's recommendation to pay application for payment Number 3 to Dennis Fehn Gravel & Excavating in the amount of$357,561.04 c. Approve the City Engineer's recommendation to pay application for payment Number 3 to Buffalo Bituminous in the amount of $49,950.29 d. Approve the City Engineer's recommendation for final acceptance of the Public Street and Utility improvements installed with the first phase of Towne Lakes development. All public improvements have been installed in accordance with the plans and specifications, and all record drawings received e. Approve the City Engineer's recommendation to reduce the Letter of Credit for Towne Lakes 5th Addition from $1,205,850 to $838,075 f. Authorize the Fire Department to identify specification and authorize bidding a new fire truck in 2005 g. Authorize the City Administrator to sign a rental agreement with Brian Beaudry to farm several small acreages h. Approve the City Engineer's paying Robert Heuring $553 for 1.25 acres of com and $385 for hay bales with 100% of the cost assessed back to the 2004 Prairie Run Project 1. Approve the City Engineer's recommendation to add four Guide Post Delineator's to the 50th Street Trail Project at a cost of $315 J. Approve issuing a $100 Steffen's Meats gift certificate to employees for the holidays k. Authorize the City Administrator to proceed to work collaboratively with the City of Otsego to complete the more comprehensive 70th Street Master Plan. The City of Otsego is to contribute 50% of the in-kind engineering services and Albertville's direct cost for the study will not exceed $2,125. Darkenwald and Towne Lakes will escrow $2,125 each to off-set Albertville costs 1. Approve Resolution No. 2004-39 (A Resolution Adopting the 2004 Final Budget) m. Approve Resolution No. 2004-40 (A Resolution Establishing 2005 Holidays Schedule) n. Approve Resolution No. 2004-41 (A Resolution adopting the 2005 Final Levy) ACTION ON PULLED CONSENT ITEMS: United Rentals Check Number 20701 Council member Berning wanted to know if this was coded in error. Public Works Supervisor Guimont informed the Council that they rented the high powered weed mower to use in Winter Park and confirmed that the bill should be a park development expense. . MOTION BY Council member Berning, seconded by Council member Fay to authorize payment of United Rentals' check number 20701. Motion carried unanimously. . . . Albertville City Council Minutes December 6, 2004 Page 3 of 10 Mayor Peterson wanted to make sure that the firefighters present understood that the Authorization to bid a new fire truck would be in 2005 with delivery in 2006. They need to get together with City Administrator Kruse. DEPARTMENT BUSINESS PUBLIC WORKS STREET and PARKS DEPARTMENT REPORT Public Works Supervisor Guimont addressed the council in regards to closing off the old MacIver Avenue just past the entrance to the new public works building. We are having problems with the kids driving all over the pond dikes and tearing things up. We could look at re-opening the road if we ever develop the land along the Wastewater Treatment Plant. PW Supervisor Guimont commented about re-naming a portion of MacIver Avenue. Otsego has re- directed the portion that is shared between Albertville and Otsego. As stated in the memo to re- name the street or road would require a Resolution. Council directed staff to look into this more with Otsego and Wright County and come back to the City Council with a recommendation. MOTION BY Council member Fay, seconded by Council member Berning to accept the Public Works - Street and Parks Department Report. Motion carried unanimously. WASTEWATER REPORT MOTION BY Council member Berning, seconded by Council member Rich to accept the Public Works - Wastewater Report. Motion carried unanimously. PLANNING & ZONING ZONING TEXT AMENDMENT - INDUSTRIAL ZONING DISTRICT City Planner Brixius said that the Council has an abbreviated version of the Industrial Zoning District and the Building Type and Construction Standards. The City's Zoning Ordinance cites three different industrial districts, Limited Industrial (1-1), Limited Industrial (I-lA), and General Industrial (1-2). Industrial lands within the City are all zoned 1-1. There is confusion over permitted and not permitted uses in these industrial districts and the differences between the three districts, an ordinance amendment has been proposed. The Planning Commission reviewed the City's architectural design standards for buildings within the Industrial Districts in order to ensure that industrial buildings maintain a high standard. The areas considered for amendment are as follows: Section 1. Section 4600.2 of the Albertville Zoning Ordinance (1-1 Limited Industrial District) is hereby amended to add the following as a permitted accessory use: . . . Albertville City Council Minutes December 6, 2004 Page 4 of 10 4600.2 Permitted Uses: f Major Auto Repair The Planning Commission felt this is an appropriate fit for this type of service. Section 2. - Section 4600.4 of the Albertville Zoning Ordinance (1-1 Limited Industrial District) is hereby amended to add the following as a conditional use: 4600.3 Conditional Uses: f Outdoor storage as an accessory use as regulated by Section 1 000. 16(b) of this chapter Section 3. Section 4600.8 ofthe Albertville Zoning Ordinance (1-1 Limited Industrial District) is hereby amended to add a section entitled "Prohibited Uses": 4600.8 Prohibited Uses. The following are prohibited uses within the "1-1" District: a. Manufacturing or assembly of large products that produces noise, glare, fumes, vibrations, obnoxious products, by-products or wastes, or creates other objectionable impacts on the environment and large volumes of traffic. Examples of such uses include, but are not limited to: 1. Large product assembly 2. Concrete product plants 3. Building materials production 4. Clothing or apparel manufacturing Section 4. Section 4601 (I-1A Limited Industrial District) of the Albertville Zoning Ordinance is hereby repealed. MOTION BY Council member Berning, seconded by Council member Rich to approve the Zoning Text Amendment - Industrial Zoning District. Motion carried unanimously. ZONING TEXT AMENDMENT - INDUSTRIAL ARCHITECTURAL STANDARDS These are the changes made to the Building Standards in the Zoning Ordinance. Section 1. Section 1100.4(f) (Building Type and Construction) of the Albertville Zoning Ordinance is hereby amended to read as follows: f Industrial Districts. In industrial districts, all buildings constructed of curtain wall panels or finished steel, aluminum or fiberglass shall be required to be faced with brick, wood, stone, architectural concrete cast in place or pre-cast concrete panels on all wall surfaces. Except for wall that face a public right-ol-way, the required wall surface treatment may allow a maximum of seventy-five (75) percent of the metal or fiberglass wall to remain exposed if it is coordinated into the architectural . . . Albertville City Council Minutes December 6, 2004 Page 5 of 10 design. For building wall which face public rights-of-way or abut residential uses, the required wall surface treatment may allow a maximum of fifty (50) percent of the metal of fiberglass wall to remain exposed if it is coordinated into the architectural design. The Council had a question regarding letter on the Architectural Standards. The first sentence didn't seem to flow very well. MOTION BY Council member Berning, seconded by Council member Rich to approve the Zoning Text Amendment - Industrial Architectural Standards with the recommendation to clear up the language in the first sentence. Motion carried unanimously. ARRIVED DURING THE MEETING: Council member Ron Klecker ENGINEERING PUBLIC WORKS FACILITY CHANGE ORDER SUMMARY LETTER City Engineer Carlson stated S.E.H.'s memorandum dated November 16 outlines all change orders to date. Carlson informed the Council had previously seen items 1-7, and that 8-15 were new items. S.E.H. is assuming 100% responsibility for item No. 10 as it was their error. There are several other items that were not addressed in the plans, and if they had been bid, it can be assumed the City would have received a lower price through a bid rather than through the change order process. It is assumed that this would result in about a 25% additional cost to the City of which S.E.H. is willing to reimburse the City. As noted on the Memo from Robert Moberg dated November 16, 2004 Change Order Nos. 1-4 have been approved. Change Order Nos. 5-15 are pending Council approval. Change Order No.5 Modifications made to the roof edge. S.E.H. understands the City's position to be that the warranty requirements are specified in the contract and therefore, are the responsibility of the contractor. Change Order No.6 Modifications made in site grading to raise the elevation of the building pad, thereby improving site drainage. S.E.H.'s estimate for the cost of the work was approximately $5,500. In an attempt to keep moving forward on the issue, S.E.H. proposes to absorb the difference between our estimate and the negotiated cost of$7,350. Change Order No. 7 Removal and replacement of an existing concrete electrical duct bank that was uncovered during construction. The dispute with the contractor is in the original cost of the work identified in the dib documents. The contractor claims the work to relocate two PVC conduits would have cost approximately $400. S.E.H. solicited a quote from an independent electrical contractor to relocate two PVC conduits. The work was quoted at $4,100. Average ofthe two prices is $2,250. S.E.H. proposes to absorb the cost ofthe average amount. Albertville City Council Minutes December 6, 2004 Page 6 of 10 . Change Order No. 8 Removal and replacement of additional sidewalk, curbing, and bituminous pavement in front of the wastewater treatment plant. The work was requested by City staff. Change Order No.9 Inclusion of vinyl color chips for the flooring in the office and common areas. The vinyl color chips will not show the dirt and will be easier to maintain. Change Order No.1 0 Modifications made in the angle of support for the roof joists. S.E.H. will absorb this cost. Change Order No. 11 Modifications made to the vertical parapet edge on the roof. This modification was made to provide a metal over the membrane on the roofing. It was a cosmetic change. Change Order No. 12 Modifications made to the canopy area on the north side of the building. Again this is a cosmetic change. This served as a better detail for fastening the canopy to the building. Change Order No. 13 Installation of additional sand under the floor in the vehicle wash bay area. S.E.H. will absorb this cost. . Change Order No. 14 Deduct for eliminating some soffit work above the cabinet area in the training room. The work is eliminated because a window was relocated. This is a credit. Change Order No. 15 Deduct for eliminating the painting of miscellaneous surfaces throughout the building. The stairs were supposed to be galvanized. The contractor installed primed stairs not galvanized. In summary, S.E.H. proposes to absorb a total amount of$7,9l2, provided the City agrees to pay the change orders presented. MOTION BY Council member Berning, seconded by Mayor Peterson to approve Change Order Nos. 5 through 15 with the condition S.E.H. show a Credit on the Invoice for the amount of$7,912. Motion carried unanimously. COUNTY ROAD 19 and COUNTY ROAD 37 TRAFFIC SIGNAL AGREEMENT Council member Berning wanted to know the status on the agreement for the controller box on the signal lights on CR 19 and CR 37. City Engineer Carlson said the control box was in the project budget. The $22,000 cost was to be split 50% by the City and 50% by the County. City Administrator Kruse has been in contact with the State regarding this issue and stated a bill for this project was not generated earlier because a contract was not in place. City Administrator Kruse requested the Council approve Resolution No. 2004-42 (A Resolution for County Road 19 and 37 . Traffic Signal) and recommend payment of the $11,000. . . . Albertville City Council Minutes December 6, 2004 Page 7 of 10 MOTION BY Council member Fay, seconded by Council member Klecker to approve Resolution No. 2004-42 (A Resolution County Road 19 and 37 Traffic Signal) and the $11,000 payment of the City's portion of the Agreement for the Controller Box. Motion carried unanimously. INTERSTATE 94 Regarding Area Transportation Funding (A TP), City Engineer Carlson updated the council stating that we are far enough along in the process to submit an application for A TP funding to the County. To qualify for the funding it needs to get to the County on or before January 5,2005. If you would like City Administrator Kruse could contact Senator Kennedy's office to get this project out. The Council would like to see a breakdown on the cost from S.E.H. presented at a future meeting. They would also like a schedule of the phases. They felt by doing this in phases would help with the traffic and cost levels involved. City Engineer Carlson reminded the Council it needs to get approval from MnDOT before we can look at the different phases. MOTION BY Mayor Peterson, seconded by Council member Rich to approve Items A, B, C, D, and E. Motion carried unanimously. fi h d hflll a. Con rm t e IAR process to stu tv t e 0 owing a tematIves: Descrivtion Alternative CR19 CR37 Naber 1a Split Diamond with CD CD Road East and West Naber Included road ramps at CR 37 1b Split Diamond for CD Road East, Direct Ramps Naber Included Eastbound ramps West 2 CR 19 Full CR 37 halfaccess to East Naber Included 3 CR 19 Full Overpass at CR 37 Naber Included 4 (no-build) CR 19 Hair CR 37 Full No Naber b. Approve proceeding with St. Michael/SRF 2030 Traffic forecasts with MnDOT approval schedule for completion by the end of December c. Approve S.E.H. Completing the Operational Analysis by the end of January d. Approve S.E.H. preparing submittals for inclusion in MnDOT's Area Transportation Improvement Program seeking funding e. Approve S.E.H. preparing submittals for inclusion in Wright County's Transportation Plan seeking funding Council was not in favor at this point in hiring a lobbyist. . . . Albertville City Council Minutes December 6, 2004 Page 8 of 10 City Administrator Kruse said the Federal Transportation Funding Bill will be developed and presented for adoption this spring and now is the time to seek an appropriation in the bill. Kruse suggested inviting the Tinklenberg Group to meet with the Council and hear what they can do for the City. By consensus the Council requested the Tinklenberg Group representatives attend the next meeting. City Administrator Kruse recommended authorizing him to make some initial contacts seeking to acquire right-of-way for the CSAH 19 ramp, especially from the one owner who lives in Austria. f. Consider engaging a lobbyist to assist with State and Federal Funding g. Consider adoption of concept 2C or 2D h. Consider hiring a lobbyist 1. Consider authorizing options to purchase Right-of-Way MOTION BY Mayor Peterson, seconded by Council member Fay to approve Item I authorizing the City Administrator to make some initial contact and possibly secure a purchase agreement for right- of-way needed for the 1-94 project. Motion carried unanimously. Items F and H were handled by inviting the Tinklenberg Group to the next meeting and Item G was handled in an earlier motion. LEGAL ALBERT VILLAS MONUMENT SIGN AGREEMENT City Attorney Couri reviewed a proposed Albert Villas Monument Sign Agreement. It would be a 4' x 6' ground monument sign identifying their development. Edina Development Corporation feels this sign would help residents and customers find the development. The Agreement would allow a sign to be placed in a private yard and escrow money equivalent to the cost to remove the sign at some point in the future. Escrow funds would be used for both maintenance and removal. MOTION BY Mayor Peterson to approve the Albert Villas Monument Sign Agreement contingent on paying their Developer fees. No second was made nor any action taken on the Mayor's motion. Rather the Council directed City Attorney Couri to bring it back to the December 20th Council meeting with additional language and a drawing of the actual sign. CITY ADMINISTRATION ORDINANCE CODIFICATION City Administrator Kruse stated there is not enough time to adopt the codified ordinance prior to year-end. In the interim, City Administrator Kruse and City Attorney Couri will be recommending adoption of an ordinance outlining all development fees. The codified code will be brought to Council in early 2005 for adoption. City Attorney Couri stated fees must be adopted by ordinance prior to year-end to be effective in 2005. City Attorney Couri reviewed the proposed ordinance and . . Albertville City Council Minutes December 6, 2004 Page 9 of 10 fee schedule, which will be completed and ready for Council adoption at the December 20th meeting. EDINA DEVELOPMENT WETLAND MITIGATION City Administrator Kruse reviewed Edina Development's progress creating and restoring wetland mitigation areas in the Albert Villas Project. Assistant City Engineer Moberg stated the grading has been completed in some areas but seeding has not been done. A couple of areas will be a problem to complete this fall, but we are working on them for completion in the spring. CITY HALL CONSTRUCTION City Administrator Kruse asked for direction on how the Council wanted to proceed with hiring an architect for the new City Hall. The Council asked Kruse to identify several engineering firms and set up an appointment for the Council to hear their marketing presentation. The Council directed this to be set up in early January 2005. SECRETARY/RECEPTIONISTIUB CLERK City Administrator Kruse stated that he had advertised and interviewed to replace the Secretary/Receptionist/UB Clerk position formerly held by Terri Hedquist. Kruse stated the benefits ofa "Job sharing position" are to have two individuals share 40 to 48 hours of work. Having two employees would allow more flexibility in hours; ability to cover the Building Department while having someone to work at City Hall and it would result in reduced health insurance costs as that would not be included as a benefit. It is proposed that the position be established for a one-year trial period, and that pro-rated benefits with the exception of medical and life insurance and sick leave be provided. MOTION BY Mayor Peterson, seconded by Council member Berning to approve hiring ofthe two part-time/job-share employees with pro-rated benefits excluding sick leave, health and medical insurance for a one-year trial period. SHERIFF'S CONTRACT Council directed City Administrator Kruse to invite a representative of the Wright County Sheriffs Department to the December 20th Council meeting to discuss increasing hours of protection. COUNCIL WORKSHOP Council discussed setting a workshop for Monday, December 20th at 5:30 p.m. to go over the appointments to be set for the upcoming year to include new Council member John Vetsch. CITY ADMINISTRATOR KRUSE'S ANNUAL EVALUATION City Administrator Kruse suggested setting a closed session for Monday, December 20th at 6:00 p.m. to complete the City Administrator Performance Review. MOTION BY Council member Fay, seconded by Council member Rich to hold the Council . workshop at 5:30 p.m., Monday, December 20th to review Appointments and a closed session at & . . . Albertville City Council Minutes December 6, 2004 Page 10 of 10 6:00 p.m., Monday, December 20th to complete the City Administrator's Performance Review. Motion carried unanimously. ADJOURNMENT MOTION BY Council member Klecker, seconded by Council member Rich to adjourn at 8:44 p.m. Motion carried unanimously. ...L::;;1~ p;r:z Don Peterson, Mayor ~ \ > (" \ >-) 1 ~ . \ l~':' 01 I J tl I \ . . ) \..1 ',,-..t .r ~../ ~ ~ ~ Bridget Miller, City Clerk \ " " .""\ _ i . l \ )')_\'- c -