2005-03-21 CC Minutes
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City of Albertville
City Council Minutes
March 21, 2005
Albertville City Hall
7:00 PM
PRESENT: Mayor Don Peterson, Council members Tom Fay, Ron Klecker, LeRoy Berning
and John Vetsch, City Attorney Mike Couri, City Planner Al Brixius, Assistant City Engineer
Bob Moberg, City Administrator Larry Kruse, and City Clerk Bridget Miller
Mayor Peterson called the Albertville City Council meeting to order at 7:00 p.m. followed by the
Pledge of Allegiance.
AGENDA
MOTION BY Council member Klecker, seconded by Council member Berning to approve the
Agenda as amended. Motion carried unanimously.
Add: g. 2.Washington, DC
Move: e. 1. Liquor License Ordinance -
e.2. Liquor License Renewals -
before Planning
before Planning
MINUTES
MOTION BY Council member Vetsch, seconded by Council member Fay to approve the
March 7,2005 regular City Council minutes as presented. Motion carried unanimously.
CITIZEN FORUM
Mayor Peterson asked if there was anyone in the audience to discuss items that are not on the
agenda.
Noone was present to speak before the council.
CONSENT AGENDA
MOTION BY Council member Klecker, seconded by Council member Fay to approve the
consent agenda pulling check numbers 022159 and 022168. Motion carried unanimously.
a. Approve payment of claims check numbers 021150-021207
c. Accept a Donation of Gambling Funds from the Albertville Lions in the amount of
$1,000 and make a donation to the Albertville Queen's Committee for Float Repair in the
amount of$I,OOO
d. Accept a Donation of Gambling Funds from the Albertville Lions in the amount of
$1,000 and make a donation to the Roy Simms Library in the amount of $1 ,000
e. Application for Payment No. 2 (FINAL) for 2004 Seal Coat Improvement payable to
Pearson Bros., Inc. in the amount of $934.63
M:IPublic DatalCity CouncillCouncil Minutes\2005 MinutesIM 03-21-05 Final.doc
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City of Albertville
City Council Minutes
March 21, 2005
Page 2 of9
ACTION ON PULLED CONSENT ITEMS
Council asked for clarification of services or products purchased on check numbers 021159 and
021168.
City Administrator Kruse informed the Council check number 021159 to CDW-G is for
computer equipment in which there is a state contract for reduced priced computer equipment.
City Administrator Kruse informed the Council check number 021168 to Engineering America,
Inc. was for the UV lamps at the Wastewater Treatment Plant. WWTF Superintendent
Middendorf informed the Council that the UV lamps last up to 15,000 hours.
MOTION BY Council member Berning, seconded by Council member Klecker to approve
check numbers 022159 and 022168. Motion carried unanimously.
1-94 TINKLENBERG UPDATE
Tinklenberg Group updated the Council stating the re-authorization forms are complete and
ready to be presented. The application has been shared with Kennedy and Wright County.
$1.5 million has been requested in the appropriations bill and $12 million in the Authorization
Bill, which is a 6-year Congressional Bill.
Tinklenberg stated the Authorization Bill will go before Congress on March 29. Then it will go
before the Senate in September 2005.
Tinklenberg informed the Council they will be attending the March 23rd 1-94 Chamber Business
meeting.
CITY HALL CONSTRUCTION - BONESTROO
Mark Forbes with Bonestroo addressed the Council with a rough concept plan of a City Hall
plan. Mr. Forbes was involved in a conference call with City Administrator Kruse and a couple
Council members discussing the option of a 2-story facility. Mr. Forbes wanted clarification
from the Council if the idea was unanimous. Mr. Forbes brought to the Council attention the
thought of a full basement or partial basement. What is the Council's intention of what will be
located in the space? Would it be for the mechanic purposes only or would there be conference
rooms? Mr. Forbes did not take into account in the original concept an elevator if the area would
be used for storage.
Council member Vetsch was under the impression there would be rooms for community
functions.
City Planner Brixius asked what the height of the building where the Council Chamber would be
located and then the office area.
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City Council Minutes
March 21, 2005
Page 3 of9
Mr. Forbes stated that the Council Chamber area would be approximately 14' tall and the office
space would be approximately 12' tall.
City Planner Brixius suggested the second story be placed behind the Council Chamber area for
a better exterior appearance.
Mayor Peterson wanted to know from the Council if they would like to proceed with the option
of a 2-story building.
Council member Fay stated why not build the shell of the second floor now.
Council member Vetsch stated it would be the best interest of the City to invest in the second
floor now.
Council member Berning stated that he would look at it.
Council member Klecker stated that since we would go with the partial basement for the
mechanics the second floor would be something to think about.
Mayor Peterson would like to look at the options for the second floor before committing to it.
Mr. Forbes stated he would take the information from the meeting and draft up some basic
design for 1,800 to 2,000 square feet of use able second floor space.
There appeared to be a consensus that this additional area beyond the space outlined in the SEH
Space Needs Study would require increasing the project budget, and that now would be the time
to add space instead of five years from now.
DEPARTMENT BUSINESS
PUBLIC WORKS
City Administrator Kruse shared that the Public Works Committee will not be meeting in April.
Instead the Parks Committee will meet on Monday, April 4th at 6:00 p.m.
MOTION BY Council member Berning, seconded by Mayor Peterson to approve Omann
Brothers low bid for the finishing touches to Albert Villas Park. $68,375 for the small basketball
court, curbing around the playground parking lot and a trail around the park. $39,910 for
playground equipment and installation. Motion carried unanimously.
WWTF - METER RADIO READERS
WWTF Superintendent Middendorf stated that at the previous Council meeting the installation of
radio read units was brought up. WWTF Supt. Middendorf shared with the Council that staff has
put together estimated costs for their review to speed up the installation of the radio read units.
Council asked WWTF Supt. Middendorfwhere the funds to pay for this would come from.
WWTF Supt. Middendorf and City Administrator Kruse stated the funds would come from the
WAC Funds.
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March 21, 2005
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Council member Klecker stated he felt there were many benefits to accelerating the radio read
program including less stafftime on billing and better customer satisfaction. Some Council
members expressed concern over spending Water Availability Funds (WAC) for this purpose.
City Administrator Kruse reviewed the use of these funds with the City's Auditors and they
concurred that this would be an appropriate use of those funds.
Mayor Peterson stated that when we approved this we understood it would be a 9-year process
and thought the City should continue as planned for 2005 and review it again in 2006. Council
member Fay shared he would give the process another year before pushing it more.
No action was taken on accelerating the radio read installation program.
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PLANNING AND ZONING
TOWNE LAKES 6TH ADDITION
City Planner Brixius stated that Contractor Property Developers Company (CPDC) is requesting
final plat approval for Towne Lakes 6th Addition. The subject area is legally described as outlots
A and F, Towne Lakes 5th Addition. The proposed final plat includes 42 town-home lots and six
single-family lots, which are part of the overall Towne Lakes, planned unit development. Recent
pressures for development of the commercial area west along County Road 19 have prompted
the developer to plat this portion of the project in order to construct the infrastructure and street
system necessary to support the commercial growth.
City Planner Brixius went on to report the performance standards for the lot, block, and street
design illustrated on the proposed final plat are generally consistent with the PUD preliminary
plat submission approved in March of2003. This includes the approved revisions consisting of
the straightening of Linwood Avenue and the expansion of the depth of Outlot F and what was
formerly Outlot E (now Outlot A) ofthe 5th Addition.
City Planner Brixius brought up the concern in regards to the plans including the construction of
Linwood Avenue from 70th Street to 68th Street, the extension of 68th Street from LaBeaux
Avenue to Linden Street, and the construction of a portion of Linden Street. The County has
made the determination to only grant a right in/out access to County Road 19 (LaBeaux Avenue)
with a center median constructed from West Laketowne Drive to 70th Street. The access to 70th
Street will be a full intersection initially; however, this intersection will be changed to a right-
in/right-out intersection when 70th Street is upgraded to an urban major collector street. This
intersection change will be mandated to accommodate safe turning movements and stacking at
the County Road 19170th Street intersection.
City Planner Brixius concluded with the recommendations to the proposed design and layout is
generally consistent with the intent ofthe Phase II PUD and preliminary plat approval for the
Towne Lakes development. As such, our office recommends approval ofthe Towne Lakes 6th
. Addition final plat based on the findings made in this report subject to the following conditions:
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City Council Minutes
March 21, 2005
Page 5 of9
1. The developer must enter into a development contract with the City.
2. The developer is on notice that the intersection of Linwood Drive and 70th Street will be
restricted to right-in/right-out when 70th Street is improved to an urban collector street.
3. The landscape and grading plans be modified to provide a small berm along the north
side of the townhomes, along 70th Street.
4. The developer not install boulevard trees along the commercial properties until local curb
cuts are defined. The developer shall post a landscape escrow to fund the future
installation of the boulevard trees.
5. The detailed signage plan includes:
a. Reflectors and additional traffic signage on the Linwood Drive center island,
additional address signs be located in the internal private drives.
6. All homes shall comply with the approved Preliminary Plat and PUD standards.
7. Additional comments form City Staff, Planning Commission, and City Council.
Assistant City Engineer Moberg reviewed the final plant, grading plans, proposed construction
plans, landscaping plans, construction specifications, and drainage calculations submitted for
Towne Lakes 6th Addition. Assistant City Engineer Moberg had comments for the developer
regarding the plat. Wright County has indicated the extension of 6Sth Street to LaBeaux Avenue
(CSAH 19) will only be permitted if access is limited to "right-in, right-out". Installation of a
center median on CSAH 19 will be required to enforce the limited access at 6Sth Street. The
County does not have a plan or a timetable in place to install the median. Construction of 6Sth
Street should be delayed until the County establishes a plan and timetable.
Assistant City Engineer Moberg stated that the right-of-way width for Linwood Drive shall have
a uniform width of SO-feet from 70th Street to a point approximately 230 feet southerly of the plat
boundary which have been addressed. Temporary easements for drainage purposes should be
secured for the temporary drainage ponds between Lancaster Way and Linden Street, which has
also been addressed.
Assistant City Engineer Moberg reviewed the concern regarding the grading plan. Wright
County will likely require a right turn lane to access 6Sth Street from northbound CSAH 19,
which has been addressed. There are traffic safety issues, which may require it to be a full
access. Assistant City Engineer Moberg stated that in the future the road might become a right
in, right-out only. The paving of 70th Street between CSAH 19 and Linwood Drive should be
considered in conjunction with construction of the development. Assistant City Engineer
Moberg stated that staff is working with the City of Otsego to begin this street project.
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Assistant City Engineer Moberg brought to the Council's attention a few areas under the
construction plans; water main is to be looped between Lots 4 and 5 from Linwood Drive to the
private driveway; the City may want to consider extending water main in 68th Street from
Linwood Drive to CSAH 19 for looping purposes. At a minimum, looping should be required
when development of the commercial lot (Outlot E) occurs. To complete the loop, water main
will need to be extended northerly along CSAH 19 from 67th Street; drain tile shall be extended
in both directions from CSMH-86 and CB-87.
Council addressed the concern with the street light spacing within the development. Council had
concerns with the appearance of the town homes.
Mayor Peterson asked ifthere was anyone in the audience regarding the Towne Lakes 6th
Addition.
The applicant asked for the Council's support in the future to keep 70th Street a full access.
DEVELOPER'S AGREEMENT
City Attorney Couri reviewed the Developer's Agreement. City Attorney Couri brought to the
Council attention item K. on page 53 ofthe packet. It states the developer shall provide the City
a landscape escrow in the amount of $5,600 for the future boulevard landscape plantings along
68th Street.
City Attorney Couri then reviewed item B. i thru iv on page 56; electrical power supply, to be
provided by Xcel Energy or other such carrier; natural gas supply, to be provided by Reliant
Energy or other such carried; telephone services, to be provided by SprintlUnited Telephone
Company or other such carrier; Cable TV services, to be provided by a local carrier. The
developer will ensure this will be done.
City Attorney Couri discussed item E. on page 57 ofthe packet regarding the developer shall
install storm water retention/water quality ponds and basins upon the Development as shown on
the Grading, Drainage and Erosion Control Plan. Said ponds and basins shall be dedicated to the
City, and Developer shall provide the City with perpetual drainage easements over such ponds.
Said retention ponds and basins shall be installed prior to the installation of utilities. There will
be a temporary pond located on an outlot in Towne Lakes Jrd Addition once it is developed.
MOTION BY Council member Berning, seconded by Council member Klecker to approve the
Towne Lakes 6th Addition Final Plat. Mayor Peterson, Council members Berning, Fay, and
Klecker voted aye. Opposed Council member Vetsch. Motion carried.
MOTION BY Council member Fay, seconded by Council member Berning to approve the
Towne Lakes 6th Addition Developer's Agreement. Mayor Peterson, Council members Berning,
Fay, and Klecker voted aye. Opposed Council member Vetsch. Motion carried.
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March 21,2005
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THE SHOPPES AT TOWNE LAKES ONE
City Planner Brixius stated Granite City Real Estate hereby requested a modification of the
Conditional Use Agreement for Shoppes at Towne Lakes One dated February 3,2004. The
original specified use for Lot 1 was for a Restaurant. The site is a better location for a financial
institution.
The City Council expressed concern regarding changing the previously approved plans. After
some discussion of the benefits of relocating the restaurant to the second phase, and discussion
about the possibility to have the Developer dedicate two larger free standing restaurants, the
Council was more accepting to looking at a concept plan.
Council asked if the Developer could be held to a Restaurant on Lot 1 of Shop pes of Towne
Lakes One.
Staff stated it is the Council's choice to leave the Developer's Agreement as approved or amend
it to allow the change. Staff wanted Council to be aware that this item has not gone before the
Planning & Zoning Commission and that Staff was not in support of the second phase Concept
Plan presented.
City Attorney Couri stated that we could amend the Developer's Agreement to require two larger
freestanding restaurant sites in the second phase.
Staff will bring this back to the next meeting. City Attorney Couri will draft an amendment to
the Developer's Agreement. Mr. Tempel will have more details on sites for the Shoppes at
Towne Lakes One Phase 2 identifying two (2) sites for restaurants.
Council was in agreement to have Granite City Real Estate attend the April 4, 2005 Council
meeting presenting a Concept Plan.
BUILDING DEPARTMENT
BUILDING PERMIT REFUND
City Administrator Kruse stated that the builder is requesting a refund for a building permit,
which has elapsed for more than 180 days. The Council may consider the adoption of a policy of
a case-by-case review after 180 days has expired.
MOTION BY Council member Berning, seconded by Mayor Peterson to approve the Refund of
Permit No. B23-546 in the amount of$7,630.50. Motion carried unanimously.
ENGINEERING
ENGINEERING TRANSITION PLAN
Assistant City Engineer Moberg updated the Council on the status of various projects in the
transition plan.
Staffwas looking for direction from Council regarding the 70th Street Corridor Study.
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City Council Minutes
March 21, 2005
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MOTION BY Council member Berning, seconded by Mayor Peterson to proceed with the
Corridor Study and forward to Otsego staff keeping a full access at the intersection of 70th Street
and Linwood Drive and keeping a full access point on 70th Street west of County Road 19 that is
within 1000 feet of County Road 19. The Linwood intersection was platted with Towne Lakes
6th Addition. Council member Fay abstained from voting. Motion carried unanimously.
LEGAL
LIQUOR LICENSE ORDINANCE
City Attorney Couri reviewed the amendment to the Liquor Ordinance addressing the noise
concern. City Attorney Couri recommended adding a section dealing with a maximum decibel
level the noise can be maintained.
Council asked how strict our current Noise Ordinance is in comparison to the amendment to the
Liquor Ordinance.
City Attorney Couri stated that our current Noise Ordinance is stricter in comparison to the
amendment. City Attorney Couri informed the Council it is more criminal whereas with the
amendment it would be a violation of the Liquor License.
Mayor Peterson asked if there was anyone in the audience regarding the amendment to the
Liquor License Ordinance.
Deb Holm from the 152 Club brought to the Council's attention there is no restriction on the
hours.
Gary Vetsch representing Smackdown' s informed the Council that a Wright County Sheriff did
report the previous incident.
City Administrator Kruse stated that there is a report on file with the Wright County Sheriffs
Department, but the Sheriffs Department is unsure how to report the citation.
Ms. Holm commented that a number of other abutting neighbors do not have an issue with the
nOIse.
MOTION BY Mayor Peterson, seconded by Council member Klecker to deny the amendment to
Liquor License. Motion carried unanimously.
LIQUOR LICENSE
MOTION BY Council member Klecker, seconded by Council member Fay to approve the 2005
Liquor Licenses as follows: Liquor License Renewals: Off Sale Liquor License for - Westside
Liquor, Inc., C.L. Gentile Inc., Hackenmueller's Inc., and Vetsch, Gary E.; On Sale Liquor
License for - C. L. Gentile Inc., D. Michael's B's II Inc., Vetsch, Gary E., and Cedar Creek Golf;
Special Sunday On Sale Liquor License for C. L. Gentile Inc., D. Michael B's II Inc., Vetsch,
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Gary E., and Cedar Creek Golf; Off Sale 3.2 Malt Beverage for JTS Auto Service, Inc. Motion
carried unanimously.
FINANCE
None.
ADMINISTRATION
WRITTEN REpORT
City Administrator Kruse updated the Council on the status of various projects or items in
progress.
WASHINGTON, DC
City Administrator Kruse asked if there were any other Council members interested in going to
Washington, DC to lobby for 1-94 funds. There were no volunteers.
ADJOURN TO CLOSED SESSION REGARDING SETTLEMENT OF PILOT LAND
DEVELOPMENT LAWSUIT
Mayor Peterson closed the public meeting at 9:45 p.m.
. Mayor Peterson reconvened the public meeting at 10:00 p.m.
Council directed staff to precede with the settlement as outlined in the abbreviated settlement
agreement.
ADJOURNMENT
MOTION BY Council member Fay, seconded by Council member Berning to adjourn at
10:05 p.m. Motion carried unanimously.
(~~r- t~':)'
Don Peterson, Mayor
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