2005-05-02 CC Minutes
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City of Albertville
City Council Minutes
May 2, 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, Assistant City Planner Mike Darrow, 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.
10. c. 9. Street Lights on Kassel Avenue NE
10. c.lO. Intersection ofCR 19, CR 18 and 50th Street NE
10. f. 3. 1-94 Proposed Ramps - Finance meeting
10. b. 1. Public Hearing - Old Castle Glass for a Vacation of Utility and Drainage Easement
MINUTES
MOTION BY Council member Fay, seconded by Council member Berning to approve the April
18,2005 City Council Workshop and April 18, 2005 regular City Council minutes as amended.
Motion carried unanimously.
April 18, 2005 City Council Workshop
Page 1, sixth (6th) paragraph or sentence: City Council clarified they were in favor of a part of
Option 2C and part of Option 2D.
Council thought it was part of Option 2C and part of Option 3D. Staff will look into which two
(2) parts the Council decided to put together for the new Option 4.
Staff contacted S.E.H., it is part of Option 2C and part of Option 3 which will be combined to
make the new Option 4.
April 18, 2005 regular City Council minutes
Page 6, Hunter's Pass Lift Station and back-up Generator Improvements section: Council was
under the impression the Developer would escrow 100%.
MOTION BY Council member Berning, seconded by Mayor Peterson to approve completion of
the Hunter's Pass Estates subdivision lift station and back-up generator improvements report not
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City Council Minutes
May 2, 2005
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to exceed a cost of$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.
CITIZEN FORUM
Mr. Eichleberg, Wright County Representative, wanted to know if the Council had any questions
or concerns he could address.
Council stated there were none at this time.
NORTH MEMORIAL HOSPITAL FACILITY PRESENTATION
Gerald Pedlar, Director, Property & Facilities Representative for North Memorial Hospital
informed the Council they have begun the process to build an additional hospital in the Maple
Grove area.
North Memorial Hospital plans were presented and approved by the Maple Grove City Council
in December 2004.
Mr. Pedlar stated that North Memorial Hospital has been in operation for 50 years. They have
one of the largest independent health care facilities. Their service area extends from Big Lake -
Monticello to Brooklyn Center - Brooklyn Park, Rogers and more.
Mr. Pedlar reported with Phase I, they propose to begin with an Emergency Service and
Outpatient Surgery in conjunction with an Office Building scheduled to open in Fall 2006.
The inpatient hospital will include 80 beds scheduled to open in 2008 following legislative
approval in 2005. Phase II will expand to 260-280 beds.
North Memorial Hospital has conducted a number of surveys. One of the questions asked was
"who would you like to see build a hospital in the area?"
45% of the people surveyed responded North Memorial in November 2004. By February 2005 it
went up to 51 % who would like to see North Memorial build a hospital.
Mr. Pedlar concluded it is in the best interest of the public to build an additional hospital facility.
Mayor Peterson wanted to know if this facility would be comparable to Monticello-Big Lake or
Buffalo.
North Memorial Hospital would be a Level 3 Trauma Center similar to Monticello-Big Lake or
Buffalo replied Mr. Pedlar.
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Mayor Peterson asked if North Memorial would look to Albertville area as far as ambulance
servIce.
Mr. Pedlar stated the committee is discussing these needs as we go forward with the proposal.
In closing, Mr. Pedlar thanked the Mayor and Council for the opportunity to inform Albertville
of the proposed North Memorial Hospital.
WRIGHT COUNTY SHERIFF REPRESENTATIVE - JOEL TORKELSON AND
BRITTNEY MCFADDEN - TOBACCO FREE YOUTH RECREATION
Joel Torkelson began the presentation stating every three (3) years they conduct a survey in a
variety of schools. The first group surveyed was 6th through 1ih grades. One of the questions
on the survey is "do you use tobacco?" 26.5% of 9th Graders and 47% of 12th Graders responded
yes.
The second group that was surveyed was adults who were asked about second hand smoke if
they feel it is harmful. 94% answered it is harmful to children.
Brittney McFadden, representing Tobacco-Free Youth Recreation informed the Council there are
62 cities in Minnesota that have adopted a Tobacco-Free Policy or Ordinance. The most recent
city is Monticello.
Ms. McFadden stated the Minnesota Recreation and Parks Association have put together a
number of support tobacco-free policies.
Ms. McFadden confirmed the policies are effective in promoting health, safety and welfare of the
community.
Ms. McFadden added that ifthe City of Albertville should consider adopting a Tobacco-Free
Youth Recreation Policy or Ordinance, the Minnesota Recreation and Parks Association offers
about 50 signs to be placed throughout the park.
Ms. McFadden stated that within the Policy or Ordinance you must designate the parks that are
covered by the Policy or Ordinance.
Ms. McFadden shared that the communities that have adopted the Tobacco-Free Youth
Recreation Policy or Ordinance has been found to be very successful. The Cities found the parks
area to be much cleaner.
CONSENT AGENDA
MOTION BY Council member Berning, seconded by Council member Fay to approve the
consent agenda pulling items a. check number 021345, e., g., and h. Motion carried
unanimously.
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a. Approve payment of claims check numbers 021343-021384
b. Approve application for 3.2 Malt Liquor License for the Knights of Columbus for
the Albertville Friendly City Days at City Park on June 10, June 11 and June 12,
2005
c. Approve request from St. Albert's Catholic Church for a Eucharistic procession
down Lambert Avenue NE around to Landers Avenue NE then back to the Church
following 10:00 a.m. mass on Sunday, May 29th
d. Approve SEH's recommendation for Application for Payment No. 10 for Public
Works Facility Design and Construction to Ebert Construction in the amount of
$62,074.48
e. Approve Granite City Real Estate's request to extend the deadline to record the
final plat of Shop pes of Prairie Run an additional ninety (90) days and to set June
18, 2005 as the deadline
f. Approve the Wright County Assessor's 2006 and 2007 Assessment Contract
g. Approve Resolution number 2005-12 Establishing Scholarships and Awards to the
Albertville City Royalty beginning 2006
h. Approve closing streets identified in the Albertville Friendly City Days letter dated
May 1, 2005
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ACTION ON PULLED CONSENT ITEMS
Approve payment of claims check numbers 021345
Council asked what the check to Albertville Auto Body was for and City Administrator Kruse
stated it was for the repairs to a city vehicle that was in an accident. We received a check from
the insurance to pay for it.
MOTION BY Mayor Peterson, seconded by Council member Klecker to approve payment of
claims. Motion carried unanimously.
Approve Granite City Real Estate's request to extend the deadline to record the final plat of
Shoppes at Prairie Run an additional ninety (90) days and to set June 18,2005 as the deadline
Council asked for clarification as to why Granite City Real Estate needed the extension.
Dan Temple, representative for Granite City Real Estate, explained because of some engineering
issues we were unable to get the final approval from the City Engineer until December 2004. By
the time we received approval the weather prohibited construction. Therefore, we respectfully
request an extension for the plat approval for the Shoppes at Prairie Run.
MOTION BY Council member Berning, seconded by Council member Vetsch to approve
Granite City Real Estate's request to extend the deadline to record the final plat of Shoppes at
Prairie Run an additional ninety (90) days and to set June 18, 2005 as the deadline. Motion
carried unanimously.
Approve Resolution No. 2005-12 Establishing Scholarships and Awards to the Albertville City
. Royalty beginning 2006
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Council brought to staff s attention the correct dollar amount to be budgeted. It was noted
$3,750, but should be changed to $4,150 to include the $100 U.S. Savings Bonds for the Junior
Royalty.
City Administrator Kruse stated that staff would make the correction to Resolution No. 2005-12
entitled Establishing Scholarships and Awards to the City Royalty.
MOTION BY Council member Fay, seconded by Council member Klecker to approve
Resolution No. 2005-12 Establishing Scholarships and Awards to the Albertville City Royalty
beginning 2006 amending the budgeted amount to $4,150. Motion carried unanimously.
Approve closing streets identified in the Albertville Friendly City Days letter dated May 1. 2005
Council was notified that a Christian band would like to perform on Thursday, June 9th. The
Knights of Columbus are sponsoring the band and are requesting Council approval to allow the
band to play in the City Park extending the hours. Knights of Columbus stated there would be
no alcohol served during the concert.
MOTION BY Mayor Peterson, seconded by Council member Vetsch to approve closing streets
identified in the Albertville Friendly City Days letter dated May 1, 2005 and moving the dates of
the Friendly City Days to begin Thursday, June 9th through Sunday, June 12th with the bands
ceasing at 1 :00 p.m. Motion carried unanimously.
HACKENMUELLER LIQUOR VIOLATION (Sale to Minor)
Ed Hackenmueller of Hack's Liquor Store stated they have been in operation for eighteen (18)
years and this is the first violation they have ever received. The attendant has been with Hack's
for a number of years. It was an honest mistake, the attendant looked at the driver's license and
read the date and miscalculated. Mr. Hackenmueller informed the Council he has invested in a
card-visor, which is a machine that reads your driver's license and automatically computes the
age. I have purchased this machine to prevent this from happening again.
City Administrator Kruse added that staff got a little ahead of the process and sent an invoice for
the $500 fine, which Mr. Hackenmueller has already paid.
MOTION BY Council member Klecker, seconded by Council member Fay to fine
Hackenmueller Liquor Establishment in the amount of $500 for the liquor violation. Motion
carried unanimously.
DEPARTMENT BUSINESS
PUBLIC WORKS DEPARTMENT
PW Supervisor Guimont stated that he had met with City Engineer Kasma to review the areas in
Albertville to Seal coat and Overlay. City Engineer Kasma will present them later tonight.
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PW Supervisor Guimont continued on to the request for resurfacing the Oakside Park tennis
court. The park is five (5) years old and is showing some wear; therefore I would like to take
care of it now before it gets too bad.
MOTION BY Council member Klecker, seconded by Council member Berning to approve
accepting C & H Sports Surfaces, Inc. quote of $4,995 to resurface the Oakside Park tennis
court. Motion carried unanimously.
The next item PW Supervisor Guimont discussed was the hockey rink at the City Park. PW
Supervisor Guimont stated the Parks and Recreation Committee's recommendation is to turn the
hockey rink area, obtaining soil borings; installation of blacktopping that would be suitable for
inline skating, new compost rink boards, and installation of lights at an estimated cost of
$50,000.
Council suggested contacting some of the non-profit organizations to survey ifthey would
consider participating in the construction of the hockey rink project. Council wanted a diagram
layout identifying the size ofthe hockey rink.
City Attorney Couri stated we could draft a letter of intent for support from the Knights of
Columbus for 10 years.
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PW Supervisor Guimont asked if the Council had any issues changing the layout of the hockey
rink. The Council had no issues regarding a possible change in the layout.
MOTION BY Mayor Peterson, seconded by Council member Fay to approve PW Supervisor
Guimont to proceed obtaining soil borings and quotes or bids for the hockey rink construction at
a cost not to exceed $5,000. Motion carried unanimously.
PW Supervisor Guimont reported on mosquito control. I have contacted the surrounding cities
to find out what they are doing to control mosquitoes. The cities of St. Michael, Rogers and
Rockford do not do anything, with the exception of a special event. Wright Council does not do
anything for mosquito control.
Council directed staff to spray the City Park plus a good radius for the upcoming Friendly City
Days event in June 2005. During that week we will monitor or observe how successful it was or
was not.
PLANNING
Old Castle Glass - Vacation of Utility and Drainage Easement
Mayor Peterson opened the public hearing at 8:05 p.m.
Assistant City Planner Darrow stated the City Engineer was waiting for additional information
. from the applicant.
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City Administrator Kruse added the site and building plans have been reviewed and approved by
the Planning and Zoning Commission and City Council. The Vacation of Utility and Drainage
Easement is just a matter of cleaning up the request from Old Castle Glass's application.
Mayor Peterson closed the public hearing at 8:08 p.m.
MOTION BY Council member Vetsch, seconded by Council member Berning to approve Old
Castle Glass Vacation of Utility and Drainage Easement contingent on the approvals of City
Staff recommendations and subject to the conditions ofthe expansion. Motion carried
unanimously.
Planning and Zoning Commission Rules and Guidelines Resolution No. 2005-13
Assistant City Planner Darrow reported the Planning and Zoning Commission reviewed the
Work Rules at the February 2005 meeting. A number of modifications to the rules in accordance
with the directions of the Planning and Zoning Commission have been made. Assistant City
Planner Darrow stated upon the review of the Planning and Zoning Commission at their March
2005 meeting, the attached Resolution No. 2005-13 is presented for City Council adoption.
MOTION BY Council member Fay, seconded by Council member Klecker to adopt the
Planning and Zoning Commission Rules and Guidelines Resolution No. 2005-13 with the change
to E. Work Rules 4. A majority of five (5) members shall constitute a quorum (3 members).
Motion carried unanimously.
ENGINEERING
S.E.H. Change Order No.4 for 2004 School Pedestrian and Bike Trail
City Administrator Kruse reported on behalf of S.E.H. As you recall we had additional
bituminous laid on the trail in lieu of liquidated damages done to the trail.
MOTION BY Mayor Peterson, seconded by Council member Berning to approve S.E.H.
Recommendation for Change Order No.4 to Buffalo Bituminous, Inc. for 2004 School
Pedestrian and Bike Trail. Motion carried unanimously.
S.E.H. Primary School Change Order
City Administrator Kruse reported that Pete Carlson and he met with the School Engineer
regarding the Primary School Ballfields Change Order. Mr. Carlson obtained a summary of
expenses from the School District Offices. The Grading Contract includes the additional aglime
to complete the project. The original plan included a green infield. After consideration the
school inquired about placing aglime over the entire infield.
The Council recalled the meeting with the Primary School Principal and the intended agreement
was 50/50.
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City Administrator Kruse stated in the Schools' opinion the verbiage 50-50 was never mentioned
rather the term a "shared facility" was used. The School District will continue to maintain the
ballfields.
Council addressed the $88,470.51 figure. The original amount agreed upon was $60,000 not
$88,000 plus.
City Administrator Kruse recommended sharing the expense of$9,712.24 for the aglime.
MOTION BY Mayor Peterson, seconded by Council member Fay to approve S.E.H.'s
Recommendation for Primary School Change Order. Mayor Peterson, Council members Fay and
Berning voting aye. Council members Vetsch and Klecker voting nay. Motion carried.
S.E.H. Technical Evaluation Panel (TEP) Recommendation for Revised Wetland Mitigation Plan
for Albert Villas
Deric Dueschle, S.E.H. representative, reported that on February 23, 2005 the MN Dept. of
Natural Resources issued a Restoration Order to Edina Development for non-compliance with
the MN Wetland Conservation Act on multiple phases of the Albert Villas development. The
issues related to the wetland replacement sites, and this Order will serve as a new starting point
to recognize and resolve these issues.
Deric Dueschle stated Edina Development has been continuously asked to get the wetland
mitigation plan in place.
City Administrator Kruse informed the Council staff continues to litigate Developer issues with
Edina Development.
The Restoration Order specifically identified the following items as being deficient:
1st and 2nd Phase:
. Mitigation areas 1m through 5m do not meet the requirements ofthe approved
replacement plan.
. Deed restrictions and covenants for the mitigation area have not been filed. Council
would like to add: Deed restrictions, an easement of some sort, and covenants. . .
. Additional wetland has been impacted between areas 7f and 8f and requires restoration or
mitigation.
City Attorney Couri understands there were some areas that were wetlands, but were never
recorded. It will or would make it difficult to recover now.
Council addressed the issue of signage indicating the boundary of the wetland buffers have not
been installed. Council wanted signage installed notifying the residents this is a wetland
boundary.
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Deric Dueschle brought to the Council's attention that the MN Dept. of Natural Resources has
given Edina Development until June 1,2005 to comply with the Restoration Order.
Council recommended obtaining a Letter of Credit from Edina Development as a retainer.
City Attorney Couri agreed the Letter of Credit would be to the City's advantage should the
Developer not comply and the City needs to take responsibility to correct. But this stage of the
process I do not know if we could obtain the Letter of Credit.
City Attorney Couri added that we did notify Edina Development the City of Albertville will not
approve any building permits effective May 6,2005.
MOTION BY Council member Klecker, seconded by Councilmember Vetch to approve the
Technical Evaluation Panel's (TEP) recommendation as per their letter dated April 27, 2005
subject to the Developer submitting a concept plan for Albert Villas ih Addition to the City
Council identifying how placing the wetland mitigation areas will affect the subdivision. Motion
carried unanimously.
S.E.H. Change Order No.1 for Prairie Run for Barn Demolition and Building Pad Compaction
Testing
City Administrator Kruse stated Change Order No. 1 modifying the referenced contract to
incorporate the following changes:
Building demolitions necessary to complete site grading. Conduct compaction
testing for building pad sites in residential areas for issuance of building permits.
MOTION BY Council member Fay, seconded by Council member Klecker to approve S.E.H.'s
recommendation of Change Order No. 1 for Prairie Run for Barn Demolition and Building Pad
Compaction Testing, with payment to be incorporated with the next application for payment.
Motion carried unanimously.
S.E.H. Technical Evaluation Panel (TEP) Recommendation for Proposed Hunter's Pass Estates
Deric Dueschle reported Minnesota Land Development is proposing to construct the Hunter's
Pass Estates development on 76.6 acres ofland. All or part of six (6) wetlands are present on the
property, including Mud Lake. The project proposed to fill 1.81 acres of wetland as part of the
development, and will create 1.81 acres of new wetland and 1.81 adjacent upland buffer for
replacement.
1. Wetland delineation was completed by Kelly Dlouhy of Kjolhaug Environmental on
April 21, 2004. This delineation was field reviewed and approved by Todd Udvig from
SEH on May 18, 2004.
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2. Project proposes alternative designs that will have reduced wetland impacts. The
alternatives are all identified as unfeasible, primarily due to spacing requirements and
access to adjacent streets and are beyond the ability of the applicant to control.
3. Wetland mitigation is proposed to occur through the creation of five wetland mitigation
sites adjacent to Mud Lake (aka Wetland 1). These basins will total 1.81 acres in size,
and will have a 30-foot buffer. Additional buffers will also be placed around existing
wetlands. Total buffer areas will equal 1.81 acres of eligible credit, and will be used to
satisfy the minimum 2: 1 replacement ratio.
4. The wetland mitigation areas will be seeded with a Mn/DOT wetland seed mixture and
will follow Mn/DOT seeding and maintenance guidelines. Mn/DOT Mixture 25B, as
indicated in the permit application, is acceptable, as are the updated equivalents. BWSR-
recommended wetland mixes that are equivalent to the Mn/DOT mixes may be
substituted without prior approval.
5. Monitoring of the replacement wetlands will be initiated following final construction of
the mitigation sites. Monitoring will be the responsibility of the applicant and reports
must be submitted annually to the City of Albertville and to the U.S. Army Corps of
Engineers.
6. Deed restrictions for the wetland replacement areas and upland buffers have been
proposed to be filed prior to construction.
7. Signage informing subsequent land owners of the upland buffer and of restrictions on
land-use within them will be posted at all significant lot comers. Examples of the signage
have not been provided, but should be approved by the City of Albertville prior to
installation.
It is further recommended that the following conditions be met prior to start of construction.
1. City receives evidence of title and proof of recording of the deed of restrictions and
covenants for all wetland mitigation areas and adjacent buffers.
2. Maps or property descriptions that clearly identify the wetland boundaries, buffer areas,
or mitigation sites be prepared for all future building contractors, realtors, and home
owners so that they are aware of the property restrictions prior to purchase.
3. The applicant must submit proposed wetland buffer signage language, specifications, and
locations for approval prior to installation. It is further recommended that once installed,
the coordinates of the signs be provided to the City of Albertville to assist with regulatory
compliance.
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4. Receipt of performance bond, cash escrow, or letter of credit for an amount equal to
$50,680 ($28,000 per acre of wetland credit created) plus an additional $5,000 for
monitoring, or a total of$55,680. These accounts will be drawn upon if the mitigation
sites or wetland monitoring are unsuccessful and the applicant/developer does not
willfully undertake corrective action. The monitoring escrow can be returned at $1,000
annually, until final approval by the TEP. Upon final approval, all funds will be returned
and/or access to letter of credit terminated.
Council directed City Attorney Couri to incorporate the recommendations with the changes in
the Developer's Agreement.
City Attorney Couri noted the direction from Council and will include the recommendations with
the changes made in the Hunter's Pass Estates Developer's Agreement.
MOTION BY Council member Berning, seconded by Mayor Peterson to approve S.E.H.'s
Technical Evaluation Panel (TEP) Recommendation for the Proposed Hunter's Pass Estates with
the direction for City Attorney Couri to incorporate the recommendations into the Hunter's Pass
Estates Developer's Agreement. Motion carried unanimously.
S.E.H. Monthlv Report
City Administrator Kruse briefly reported on S.E.H.'s monthly status report. Public Works
Building approximately 95% ofthe punch list items have been completed with a $40,000 in
retainage.
Council recommended setting the standards for sidewalk to be five (5) foot for residential, six (6)
foot for commercial and trails set at eight-ten (8-10) feet.
Bids for the Wastewater Treatment Facility will be presented at the May 16, 2005 Council
meeting.
The I-94 Ramps Access Report is not complete, but as soon as it is ready it will be presented to
Council.
City Administrator Kruse has a meeting scheduled for Tuesday, May 3rd with Otsego City
Administrator Robertson to discuss the 70th Street Corridor Study.
City Administrator Kruse updated the Council on the engineering transition plan. Kruse
described a number of transition issues he is dealing with and said things are going well.
Bolton & Menk request to Advertise for 2005 Seal Coat Bids
City Engineer Kasma reported he met with PW Supervisor Guimont to identify the areas
recommended for 2005 Seal coating. Listed below are the areas recommended for 2005 Seal
coating:
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1. Kalland Avenue NE (beginning at the intersection of Kalland Drive NE and Kalland
Avenue NE thence going south to the intersection ofKalland Avenue NE and 56th Street
NE thence, beginning at the intersection of 5ih Street NE and Kalland Avenue NE going
south to the driveway of the Cottages of Albertville driveway, for a total of3,720 square
yards)
2. Kantar Court NE (total of 1,050 square yards)
3. 57th Street NE (beginning at the intersection ofCR 19 and 5th Street NE going west to the
intersection of 57th Street NE and Kalland Avenue NE for a total of 2,940 square yards)
4. Westwind Parking Lot (located off of Kalland Avenue NE total of325 square yards)
5. Kalland Drive NE (beginning at the intersection of 61 st Street NE and Kalland Drive NE
going south to the intersection of Kalland Drive NE and Kalland Avenue NE for a total of
3,143 square yards)
6. Kaiser Circle NE (the cul-de-sac off of Kalland Drive NE total of 1,120 square yards)
A total of 17,393 square yards to seal coat at a cost not to exceed $20,000, which is the amount
budgeted.
MOTION BY Council member Klecker, seconded by Mayor Peterson to approve the Bolton &
Menk, Inc.'s request to advertise for 2005 Seal Coat Bids in an amount not to exceed $20,000 as
budgeted. Motion carried unanimously.
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Bolton & Menk request to Advertise for Bituminous 2005 Overlay Bids
City Engineer Kasma again reported PW Supervisor Guimont reviewed the areas, which needed
to be overlayed. Listed below are the areas recommended for 2005 Overlay:
1. 52nd Street NE (beginning at the intersection of Main Avenue NE going east to the end
of the cul-de-sac)
2. Barthel Industrial Drive NE (beginning at the slightly before the intersection of Barthel
Industrial Drive NE and 53rd Street NE thence going south slightly past the intersection
of Barthel Industrial Drive NE and 52nd Street NE)
3. 53rd Street NE (beginning at the intersection of Barthel Industrial Drive NE thence going
northeast to the end of the cul-de-sac)
4. Lander Avenue NE, alternate, only if budget allows (beginning at the intersection of 58th
Street NE and Lander Avenue NE going south to the intersection of Lander Avenue NE
and 57th Street NE)
City Engineer Kasma stated the curb and gutters along with the aprons on 53rd Street NE need
repamng.
The budgeted amount is $100,000 plus about $8,000 for engineering costs. Therefore the City
Engineer Kasma asked for clarification of the $100,000 whether it includes engineering costs.
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Council wanted to know what happened to 60th Street NE. They were under the impression it
would be on the list.
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City Engineer Kasma and City Administrator Kruse both agreed 60th Street NE is more of a
patching of the areas rather than an overlay project.
MOTION BY Council member Vetsch, seconded by Council member Klecker to approve
Bolton & Menk, Inc.'s request to advertise for bituminous 2005 Overlay Bids not to exceed
$100,000 as budgeted. Motion carried unanimously.
STREET LIGHTS ON KASSEL AVENUE NE IN THE ALBERT VILLAS DEVELOPMENT
Council directed City Engineer Kasma to check into getting a street light installed on Kassel
Avenue NE.
Council directed staff to check into CR 19. Council stated when CR 19 was widened there was a
street light located at the end of the off ramp. It was removed during construction, but was never
replaced.
INTERSECTION OF CR 19. CR 18 AND 50TH STREETNE
Council directed staffto check with Wright County on the road construction schedule. When the
County begins in 2006 or 2007 there will be a considerable amount of traffic that will be
detoured possibly through Albertville. Council foresees a need for a temporary traffic light at the
intersection.
City staff will contact Wright County and report back to the Council the findings.
LEGAL
D. Michael B's Bar & Grille - Grand Opening Celebration - Noise Ordinance - Outdoor Sale of
Alcohol
City Attorney Couri and City Clerk Miller turned it over to Deb Cole, Manager ofD. Michael
B's.
Ms. Cole reported that D. Michael B's, along with the surrounding businesses would like to host
a "Grand Opening" celebration from May 19th to May 22nd. Ms. Cole wanted to know what the
guidelines were to have the celebration. Ms. Cole demonstrated on a diagram where the tent is
proposed.
Council was concerned with the outdoor music. Council has permitted special events in the past,
and residents have expressed their opinion.
Ms. Cole agreed to move the music indoors. They would have a fence around the base with
controlled access in and out of the tent. By that, they would post a bouncer at the outside
entrance under the tent to ensure that a customer does not leave with a beer in hand and begin
walking around the parking lot.
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MOTION BY Mayor Peterson, seconded by Council member Fay to approve D. Michael B's
Bar & Grille, along with the surrounding business owners to host a one time Grand Opening
Celebration with the following: D. Michael B's Bar & Grille present a diagram noting the area
designated for the dispensing and consuming of beer shall be enclosed by a fence with access in
the designated area allowed only via the principal building located on the property, unless a
different controlled access is approved by the City, the permit applicant must demonstrate that
there will be adequate security at the location of the tent (a bouncer will monitor the access),
permit applicant must have sufficient on and off street parking (cross access parking with the
surrounding businesses is agreed), present a letter to the City from the Country Inn & Suites
agreeing to D. Michael B's hosting the celebration and allowing the customers to park in the
hotel parking lot, provide temporary handicapped parking stalls if necessary. Mayor Peterson,
Council members Klecker, Berning and Fay voted aye. Council member Vetsch voted nay.
Resolution No. 2005-15 (Liquor License Amending Violations)
City Attorney Couri stated Council recommended amending the Liquor License Violations,
therefore I present to the Council Resolution No. 2005-15 a Resolution Establishing Guidelines
for the Imposition of Civil Sanctions against City Liquor Licensees for Violations of the City
Liquor Ordinance or any other applicable Statute, Rule or Ordinance relating to Alcoholic
Beverages.
.
MOTION BY Mayor Peterson, seconded by Council member Berning to approve Resolution
No. 2005-15 (Liquor License Amending Violations) as presented. Motion carried unanimously.
Ordinance No. 2005-02 (An Interim Ordinance Establishing a Moratorium on the Platting of
Property and the Issuance of a Planned Unit Development/Conditional Use Permit or a Planned
Unit Development Rezoning on Property Within 250 Ft of Entrance and Exit Ramps from
Wright County Highways Abutting Interstate 94 Within the City of Albertville)
Resolution No. 2005-14 (Resolution Adopting an Interim Ordinance Establishing a Moratorium
on the Platting of Property and a Moratorium on the Granting of Planned Unit
Development/Conditional Use Permits or Planned Unit Development on Property Within 250 Ft
of Entrance and Exit Ramps from Wright County Highways Abutting Interstate 94 Within the
City of Albertville)
City Attorney Couri reported that with the City's 1-94 Ramp Project he is recommending
approval of a moratorium on the platting of property within 250 feet of the entrance and exit
ramps ofI-94.
City Attorney Couri stated a representative of the Phil Morris property has been before City staff
a number of times with a variety of plans. The proposed site plans demonstrated an off ramp,
which was not located in the same location that is currently being considered by Council.
.
City Attorney Couri recommended a moratorium on plans, conditional use permits, and planned
unit development permits for these sites.
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City Council Minutes
May 2, 2005
Page 15 of 18
The sites noted were: property to the east ofl-94 west and CR 37 exit ramp, otherwise known as
the Phil Morris property, property to the west ofl-94 east and CR 37, a triangular piece of
property east of the Sunrise Commercial Building, located offofCR 37 and 60th Street NE,
otherwise known as where Space Aliens is being considered, property to the south of Phase III of
the Albertville Premium Outlets, and city owned property located on Barthel Industrial Drive
NE.
Council had concern with being a little too restrictive on the property.
City Attorney Couri would rather be on the more restrictive side stating the council may release
some property once it is determined the I-94 project will not be affected.
.
MOTION BY Council member Berning, seconded by Mayor Peterson to adopt Ordinance No.
2005-02 (An Interim Ordinance Establishing a Moratorium on the Platting of Property and the
Issuance of a Planned Unit Development/Conditional Use Permit or a Planned Unit Development
Rezoning on Property Within 250 Ft of Entrance and Exit Ramps from Wright County Highways
Abutting Interstate 94 Within the City of Albertville) and Resolution No. 2005-14 (Resolution
Adopting an Interim Ordinance Establishing a Moratorium on the Platting of Property and a
Moratorium on the Granting of Planned Unit Development/Conditional Use Permits or Planned
Unit Development on Property Within 250 Ft of Entrance and Exit Ramps from Wright County
Highways Abutting Interstate 94 Within the City of Albertville) with the ability to exempt the
properties on a case by case base. Motion carried unanimously.
Amended Agreement for Waiver ofObiection to Special Assessment Associated with the
2004 Prairie Run Improvement Plans
City Attorney Couri stated this is an amended agreement in which the developer, Gold Key
Development, Inc., a Minnesota Corporation, waived its right to appeal from the special
assessment of its property associated with the 2004 Prairie Run Improvements.
1. The City shall perform the following Additional Improvements:
A. Demolish existing farm structures on Lot 15, Block 1 of the plat of Prairie Run at an
estimated cost of$21,500.00;
B. Perform soil tests on future building pads on the Property at an estimated cost of
$9,500.00;
C. Install street lighting in the residential portion of the Prairie Run plat and at the
intersection of Kyler Avenue and 51 st Street NE at an estimated cost of $40,000;
D. Install silt fencing behind the curbs in the residential portion of the Prairie Run plat at an
estimated cost of $ 10,200.00.
2. Developer agrees that the City may increase the special assessment against the Property for
the Additional Improvements by $83,636.00 ($81,200.00 plus a 3% administrative fee of
.
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City Council Minutes
May 2, 2005
Page 16 of 18
$2,436.00) over the Property's proportion of the costs to be special assessed against the
Property in the Assessment Agreement.
3. Developer hereby knowingly and voluntarily waives any objection to the special assessment
agreed to in the Assessment Agreement and the special assessment of an additional
$83,636.00 against the Property pursuant to this agreement. Specifically, Property Owners
acknowledge that the 2004 Prairie Run improvements and the Additional hnprovements will
specially benefit the Property in an amount at least equal to the Property's share of the
special assessment agreed to in the Assessment Agreement and the special assessment of an
additional $83,636.00 against the Property pursuant to this agreement and Developer hereby
waives any right to appeal or challenge an assessment in such amount pursuant to Minn.
Stat. 9429.081, or any other statutory, common law, or Constitutional provision. The City
shall not specially assess an amount more than the Property's share of the actual cost of the
2004 Prairie Run hnprovements and the Additional hnprovements (including administrative
fees).
4. In the event that the special assessments levied against the Property exceed the Property's
portion of the special assessments agreed to in the Assessment Agreement plus $83,636.00,
Developer shall have the right to appeal from the difference of this sum and the actual
assessment amount levied against the Property.
.
5. This Agreement shall be binding upon and extend to the representatives, heirs, successors
and assigns ofthe parties hereto.
MOTION BY Council member Fay, seconded by Council member Vetsch to approve the
Amended Agreement for Waiver of Objection to Special Assessment Associated with the
2004 Prairie Run hnprovement Plans. Motion carried unanimously.
FINANCE DEPARTMENT
Written Report
Finance Director Lannes reported on the total accounts receivables billed through April 2005 is
$1,539,997.63. Of the amount, staffhas collected $786,748.15 with a remaining balance of
$753,249.48. The main amount of the outstanding balance is overdue from Pilot Land Company,
Edina Development, Kent Roessler plus WAC charges incorrectly calculated for Spectators,
Cobom's and H.I. Development.
Finance Director Lannes informed the Council that staffhas a meeting scheduled for May 17th
with H.I. Development to discuss the WAC charges.
Council asked Finance Director Lannes to include the ongoing numbers on projects throughout
the City. How much the City has spent on them. Where we are to date. How much we
budgeted.
.
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City of Albertville
City Council Minutes
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Page 17 of 18
Finance Director Lannes stated she would include the reports with her June 2005 monthly
updates.
Council brought up the option if the City would be interested in renting out the old PW Garage to
some group or other business. If staff could report back to the Council at a future meeting if
anyone is interested.
GASB 34 Report
Finance Director Lannes requested Council's approval on adopting the Amended Fixed
Asset Policy. The purpose of the policy is to establish standards and guidelines for valuing,
depreciating and capitalizing the fixed assets of the City. Finance Director Lannes stated
this is recommended by the Auditors to have a policy in place for the upcoming audit.
MOTION BY Mayor Peterson, seconded by Council member Klecker to adopt the GASB
34 Fixed Asset Policy as amended. Mayor Peterson, Council members Fay, Klecker, and
Vetsch voted aye. Council member Berning voted nay. Motion carried.
ADMINISTRATION
Written Report
City Administrator Kruse informed the Council that Otsego asked to postpone the joint meeting
because they have a lot of issues to deal with in Otsego and were not yet ready. Other items to
add on the agenda when we re-schedule is the Fire Contracts. Otsego City Administrator
Robertson indicated Otsego may want Albertville to cover the balance of an area currently
covered by Monticello.
City staff has been doing a records retention survey and purging unnecessary records located at
the Fire Hall and the old PW Garage/Building Department. As we survey the records, we have
noted some of the documents have City account information on them; therefore we will be hiring
a shredding company to destroy those documents once we have completed the purge. Weare
anticipating that by June 10th the consolidation of the files should be complete. At that time we
will move the building department files into one of the office spaces and remove the temporary
wall in the rear of the building.
City Administrator Kruse inquired that Wright County would like a land purchase. City
Administrator Kruse asked if a committee of the Council would consider looking into this.
Council member Berning is willing to serve on the committee. Mayor Peterson, too, is willing to
serve on this committee.
City Administrator Kruse touched on the Darkenwald's request regarding the assessments on
their property. City staff will present Resolution No. 2005-16 at the May 16th meeting once the
numbers are reviewed.
City Administrator Kruse updated the Council we have the second draft of the Code Book. City
. staff will be reviewing and within a week get the noted changes back to Sterling Codifiers.
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City of Albertville
City Council Minutes
May 2, 2005
Page 18 of 18
Council recommended having a joint meeting with the City of St. Michael to discuss the YMCA
to be held, if possible, at the STMA School. Council would like to see this be a public meeting.
Bonestroo - City Hall Lavout
City Council set the next workshop on the City Hall Plans for Tuesday, May 17, 2005 at
6:30 p.m.
Council would like to set up a workshop to discuss the 1-94 Ramp Project.
ADJOURNMENT
MOTION BY Council member Berning, seconded by Council member Klecker to adjourn at
10:36 p.m. Motion carried unanimously.
~p~-
Don Peterson, Mayor
&~, YR~~J
Bridget Mille , City Clerk
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