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2005-04-18 CC Minutes ~ "!~~l'!iJL€ City of Albertville City Council Minutes April 18, 2005 Albertville City Hall 7:00 PM PRESENT: Mayor Don Peterson, Council members John Vetsch, Ron Klecker, LeRoy Berning and Tom Fay, City Attorney Mike Couri, City Planner Al Brixius, City Engineer Mark Kasma, 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. 9.b.1. Old Mill-located on Main Avenue 9.c.1. Smoking in City Parks 9.c.2. Mosquito Control 9.d.1. Draft Contract - Proposals 9.g.2. 1-94 S.E.H. Approval MINUTES MOTION BY Council member Klecker, seconded by Council member Fay to approve the April 4, 2005 regular City Council minutes and AprilS, 2005 City Council Workshop minutes as presented. Motion carried unanimously. CITIZEN FORUM None CONSENT AGENDA MOTION BY Council member Klecker, seconded by Council member Berning to approve the consent agenda as presented. Motion carried unanimously. a. Approve payment of claims check numbers 021279-021329 (pgs. 19-25) City of Albertville City Council Minutes April 18,2005 Page 2 of9 b. Liquor License Renewals 1). 3.2 Malt On Sale Liquor Licenses a). Hong Thai b). Rosetti's Pizza & Pasta ACTION ON PULLED CONSENT ITEMS No items were pulled. DEPARTMENT BUSINESS CITY HALL AMENDED CONTRACT - BONESTROO City Administrator Kruse stated that Bonestroo, Rosene, Anderlik & Associates request the Council's approve adjusting the design fees for the City Hall building to reflect the size increase along with two stairwells and an elevator. At the recent workshop held on Tuesday, AprilS, 2005, the Council approved the size of the basement at approximately 2,900 square feet and the second floor at approximately 2,800 square feet. The Council determined to shell out nearly all the second floor (2,160 square feet). The restrooms will be the only finished space on the second floor, the remaining will be as unfinished space. Due to the increase in building size of approximately 5,700 square feet, the result will be a total building area of approximately 17,000 square feet. The cost for the added construction work is reduced by a factor of the normal cost for office build-out ($50/sq. ft.) x 2,160 square feet or $108,000. The cost of the added construction is reduced from our earlier estimate of $720,000 to $612,000. By using a factor of9.5% of construction cost, this would correspondingly reduce our design fee by $10,260. With this letter we are requesting an additional fee amount of$58,140 for design of the expanded building as modified by the Council at their recent meeting. Council wanted to ensure that they would have one more chance to look at the design layout. City Administrator Kruse confirmed Council would be approving the additional fee for design of the expanded building as modified at the AprilS, 2005 meeting. MOTION BY Council member Berning, seconded by Council member Klecker to approve the additional fee of$58,140 for design of the expanded building as modified at the Council's meeting held on AprilS, 2005. Motion carried unanimously. NORTHLAND SECURITIES - JOINT POWERS BOND ISSUE City Attorney Couri began explaining back in 1999 the three cities: Albertville, Hanover and St. Michael, entered into a Joint Powers Board Bond Issue. As you are aware, the Joint Powers Water Board on March 28, 2005, did adopt a resolution giving final approval to the issuance of $8,430,000 2 City of Albertville City Council Minutes April 18,2005 Page 3 of9 Water Revenue Bonds of2005. Of this amount, $4,465,000 is the so-called New Money portion and $3,965,000 is the so-called Refunding portion. The closing date for the bond issue (the date the JPWB receives the money) is scheduled for April 28, 2005. What does Albertville need to do? The City Council needs to adopt a motion that authorizes the appropriate City officials to sign the consent page to the resolution. Resolution Amending the Resolution Providing for the Issuance of$5,025,000 Water Revenue Bonds, Series 1999 (consisting of a $3,015,000 Water Revenue Bond, Series 1999A, A $1,658,250 Water Revenue Bond, Series 1999B and a $351,750 Water Revenue Bond, Series 1999C. MOTION BY Mayor Peterson, seconded by Council member Vetsch to approve the Resolution Amending the Resolution Providing for the Issuance of$5,025,000 Water Revenue Bonds, Series 1999 (consisting of a $3,015,000 Water Revenue Bond, Series 1999A, A $1,658,250 Water Revenue Bond, Series 1999B and a $351,750 Water Revenue Bond, Series 1999C. Motion carried unanimously. DEPARTMENT BUSINESS WASTEWATER TREATMENT PLANT - BID RESULTS City Administrator Kruse reported that on Thursday, April 7, 2005 S.E.H. received bids for Phase Three expansion of Wastewater Treatment Plant. Three (3) bids were received as follows: Gridor Construction bid $3,705,000; Rice Lake Construction bid $3,981,000; and Madsen Johnson bid $4,237,000. Kruse noted the MPCA is still taking comments through May 9th, and S.E.H. will be scheduled to recommend awarding the bid at the May 16th Council meeting for construction this summer. BUILDING DEPARTMENT Albertville Old Mill-located on Main Avenue Mayor Peterson addressed the Council with a recommendation on how to deal with the Albertville Old Mill building. Mayor Peterson stated that Curt Gentile, owner of Geez Sports Bar was interested in purchasing the building but wanted to know how to go about demolition of the building. Mr. Gentile's intentions would be to use the space as additional parking or in the future as additional outside seating. City Planner Brixius brought up the possibility of Tax Increment Financing. The City has considered three (3) properties in the area. The City could add this to the TIP District. Council asked if it was considered a public hazard. The building is in fair to poor condition and shows evidenced of rodent problems. City Attorney Couri stated it could be a costly and time-consuming process to condemn. The courts would allow time for the owner to correct any hazardous issues. 3 City of Albertville City Council Minutes April 18, 2005 Page 40f9 City Attorney Couri explained the City could use the funds from the General Fund to pay for a TIF study. Once the development came forward, the City would use the TIF revenue to re-pay the General Fund. City Planner Brixius added there needs to be some construction or demolition done within the first 5 years. City Administrator Kruse suggested the City proceed to contract with a TIF consultant to initially identify the potential size of a TIF Redevelopment District. Kruse suggested a phased approach first identifying which properties would qualify and then a preliminary report on the economic viability of the proposed district. If it proved to be a viable option to proceed to a TIF Feasibility Report. Earlier, the City proposed the property owners escrow $5,000 for this work, however if the City wants to expedite the process, the City could fund the study and get reimbursed later if a Redevelopment District if formed. Council would like to survey the businesses to find out who first may qualify and the to see who might be interested. MOTION BY Mayor Peterson, seconded by Council member Berning to approve the City Administrator working with a TIF Consultant to proceed to see if Tax Increment Redevelopment District is a viable option with a cost not to exceed $5,000. Motion carried unanimously. Monthly Re?ort Mayor Peterson asked staff to use discretion when the city shuts off water due to a delinquent utility bill. He did not want an elderly couple or a family to be without water. City Administrator Kruse reported that has not been a problem in the past and explained that the Finance Director works with the resident to avoid shutting off the water. PLANNING Smoking in City Parks Mayor Peterson brought to the Council's attention his desire to ban cigarette smoking in the City Parks and Recreational areas. Council directed staff to provide additional information regarding how a no smoking ban can be enforced and examples of other successful models other cities have used. Mosquito Control Council asked staff to report at the next meeting in regards to the options and cost for spraying for mosquitoes. 4 City of Albertville City Council Minutes April 18,2005 Page 5 of9 ENGINEERING City Engineer Kasma stated he was pleased to have been selected as Albertville's City Engineer. Extension of Lachman Avenue NE from 57th Street NE to 60th Street NE City Engineer Kasma began with a preliminary report for the extension of Lachman Avenue NE from 57th Street NE to 60th Street NE. Bolton & Menk, Inc. estimated a fee at $6,900; which includes preparation of a wetland delineation report. An additional cost of $1 ,800 to use Braun Intertec to obtain three (3) soil borings and prepare a geotechnical report. MOTION BY Council member Fay, seconded by Council member Klecker to approve Bolton and Menk's proposal to complete a Preliminary Engineering Feasibility Report and Wetland Delineation Report for the Extension of Lachman Avenue NE from 5ih Street NE to 60th Street NE not to exceed $6,900, further to approve Braun Intertec completing three (3) soil borings and geotechnical report at a cost not to exceed $1,800. Motion carried unanimously. 2005 Sealcoat Proiect City Engineer Kasma reported on the 2005 Sealcoat Project. City Engineer Kasma met with PW Supervisor Guimont to review which streets will be sealcoated. City Engineer Kasma understood the City's Budget was approximately $20,000. Bolton & Menk, Inc.'s estimated fee for completing the report not-to-exceed $2,500. PW Supervisor Guimont will be finalizing the streets to be sealcoated by the week of April 25th. Council wanted to make sure staff is careful not to improve streets which will in the near term be reconstructed. Council directed staff to present a map with the layout of the streets to be sealcoated. MOTION BY Council member Berning, seconded by Council member Klecker to approve the Bolton and Menk's 2005 Sealcoat proposal to develop plans, specifications and bid the project with a cost not to exceed $2,500. Motion carried unanimously. 52nd Street NE Utility and Street Improvements City Engineer Kasma estimated a cost of $2,500 for the engineering firm to prepare an updated Feasibility Study and present it to the City Council. City Engineer Kasma proposed to use Braun Intertec to do three (3) soil borings and prepare a geotechnical report at an additional cost not to exceed $1,750. City Engineer Kasma anticipated it would require three (3) weeks to complete the report. MOTION BY Mayor Peterson, seconded by Council member Berning to approve Bolton and Menk's proposal to update the Preliminary Engineering Report for the Street and Utility Improvements on 52nd Street NE at a cost not to exceed $2,500. Motion carried unanimously. 5 City of Albertville City Council Minutes April 18, 2005 Page 6 of9 Hunter's Pass Watermain Extension Improvements City Engineer Kasma prepared an estimated fee of$17,000 to complete the report for the design and construction of a watermain to be directional drilled beneath Mud Lake to serve the proposed Hunter's Pass Estates subdivision. City Administrator Kruse stated that S.E.H. has completed an alignment and geotechnical report for the proposed trunk watermain under the lake. Council wanted to make sure the developer was still interested in proceeding with the subdivision and would require a cash escrow to proceed with the City expending funds in advance of a signed Development Agreement. MOTION BY Mayor Peterson, seconded by Council member Klecker to approve Bolton and Menk's proposal to complete the plans and specifications for the Hunter's Pass Estates trunk watermain extension under Mud Lake at a cost not to exceed a cost of$17,000 with the developer funding an escrow if the work proceeds in advance of a signed Development Agreement. Motion carried unanimously. 2005 Street Overlay Improvements City Engineer Kasma projected a cost not to exceed $8,320 to prepare plans and specifications, along with construction observation for completing the City's 2005 Street Overlay Improvements. PW Supervisor Guimont has identified streets to be overlayed. City Engineer Kasma reported the final plans and specifications should be ready for bidding within two (2) weeks of notice to proceed and proposed construction to begin after Friendly City Days. MOTION BY Council member Fay, seconded by Council member Berning to approve Bolton and Menk's proposal to prepare plans, specifications and get bids for the 2005 Overlay Improvements for 53rd Street NE from Barthel Industrial Drive NE to the end of the cul-de-sac (approximately 1,000 feet); Barthel Industrial Drive NE from 53rd Street NE to 52nd Street NE (approximately 750 feet); 52nd Street NE from Main Avenue NE to Lake Avenue NE (approximately 1,100 feet). Motion carried unanimously. Hunter's Pass Lift Station and back-up Generator Improvements City Engineer Kasma proposed a fee to be $19,000 for the design and construction observation of a proposed lift station to serve the Hunter's Pass Estates subdivision with an additional expense of $1,450 for one (1) soil boring and geotechnical report. City Engineer Kasma reported that WWTF Superintendent Middendorf would like to install a permanent back-up generator. MOTION BY Council member Berning, seconded by Mayor Peterson to approve Bolton and Menk's proposal to develop plans and specifications for Hunter's Pass Estates subdivision lift station and back-up generator improvements at a cost not to exceed $19,000 with an additional cost not to exceed $1,450 for Braun Intertec to obtain one (1) soil boring and prepare a geotechnical report with the developer putting 100% into escrow. Motion carried unanimously. 6 City of Albertville City Council Minutes April 18, 2005 Page 7 of9 LEGAL First Amendment to the Master Planned Unit Development/Conditional Use Agreement for the Shoppes at Towne Lakes One City Attorney Couri reported the main change to the First Amendment to the Master Planned Unit Development/Conditional Use Agreement for the Shoppes at Towne Lakes One was: Section 2 Addition of Paragraph loW. of the Master Agreement - 1. W. ii. One of such lots shall be of sufficient size to support a building of at least 8,000 square feet in size and shall be restricted in use a "sit-down" restaurant otherwise permitted in the City's B- 2A zoning district. For purposes of this Agreement, a "sit-down" restaurant means a restaurant in which customers seated at individual tables order and are served food by waiters and/or waitresses and no more that a total of 15% of food sales are pick-up, delivery, and carry-out orders which are eaten at off-premise locations. Section 2 Addition of Paragraph loW. of the Master Agreement - 1. W. iii. The other of such lots shall be of sufficient size to support a building of at least 4,000 square feet in size and shall be restricted in use to a restaurant permitted in the City's B-2A zoning district. Section 2 Addition of Paragraph l.W. of the Master Agreement - 1. W. iv. The restaurant building referred to on said lots shall be freestanding, single use buildings (i.e. each building shall be occupied by no more than one restaurant at any given time). Council expressed concern in the area ofthe parking lot for the 8,000 square foot restaurant. Council does not care for the shared cross-easement for the parking lot. Since D. Michael B's has opened, it seems to have insufficient parking. They do not want another situation like this. City Attorney Couri would re-word Section 2 Addition of Paragraph loW. ofthe Master Agreement - 1. W. ii. to address this issue. Council was not in favor of the drive-thru proposed on the 8,000 square foot building. City Attorney Couri noted the changes the Council wanted within this Agreement. MOTION BY Mayor Peterson, seconded by Council member Berning to approve First Amendment to the Master Planned Unit Development/Conditional Use Agreement for the Shoppes at Towne Lakes One with the recommended changes. Motion carried unanimously. 7 City of Albertville City Council Minutes April 18,2005 Page 8 of9 Administration NEWSLETTER ARTICLES City Administrator Kruse reminded Council about deadlines to submit information for the newsletter. WRITTEN REpORT City Administrator Kruse let the Council know that the trip to Washington was very successful. The Tinklenberg Group did a good job of coordinating the busy schedule. City Administrator Kruse proceeded to report that the Building Department's move was a success and things are working well. Council asked if the Building Department files could be moved into one of the vacant offices to open up the meeting space at 5964 Main Avenue. They would also like to see if the temporary wall in the back of the building could be removed to open that space up once agam. City Administrator Kruse reported that a resident has requested a street sign be placed in their neighborhood for a child with autism. City Administrator Kruse suggested the City allow this and similar signs to be install ifthe resident pays for the cost of the sign and installation. By consensus the Council suggested the City's policy should be that resident pay for the sign and related materials and city employees do the installation. The sign should be removed when the condition changes or five years whichever comes first. City Administrator Kruse went on to notify the Council that Hack's Liquor was in violation regarding a sale to a minor. City Administrator Kruse stated the owners will be invited to the next City Council meeting to review this violation. Council suggested amending the Liquor Ordinance to change the length of violations from 36- months to 24-months. City Attorney Couri stated this could be accomplished through the Codification process. 8 . e . City Administrator Kruse stated that he will be meeting with a few of the business owners on Main Avenue to review signs and banners. Kruse had NAC complete a sign audit of the downtown businesses and learned that some of the businesses which a wanting to use banners and other non- approved advertising devices are not taking advantage of the amount of sign space for approved signage. Staff will attempt to educate and inform those businesses that they have other options to advertise rather than using the illegal banners. 1-94 APPROVE S.E.H. TO PROCEED MOTION BY Mayor Peterson, seconded by Council member Klecker to approve amending S.E.H. contract increasing it by $15,000 to complete the access management request and related work for 1- 94. The new layout is to be called Option 4, which is Option 2C with the expressway under CSAH 19 at a cost not to exceed $15,000. Motion carried unanimously. Council directed staff to make sure the City's web site has an updated proposed layout as soon as it is available. Council suggested possibly posting an updated layout at City Hall for public viewing. OTHER BUSINESS, MINUTES AND MATERIALS JOINT STMA BOARD AGENDA Mayor Peterson remined the Council about the {oint meeting with the City of St. Michael and the STMA School Board set for Tuesday, April19t at 6:00 p.m. CITY HALL LAYOUT Council directed staff to look at ways to maximize parking for the new City Hall and have the architect come back with some layouts. Stormwater retention is also an issue which needs to be resolved. ADJOURNMENT MOTION BY Council member Fay, seconded by Council member Berning to adjourn at 9:12 p.m. Motion carried unanimously. ~,(~- Don Peterson, Mayor '&,~.~, Bridget Miller, ity Clerk