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2005-05-06 CC Minutes . . . ~ "J~~!l\!iJL€ ALBERTVILLE CITY COUNCIL May 16,2005 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. ADOPT AGENDA MOTION BY Council member Klecker, seconded by Council member Berning to approve the agenda as amended. Motion carried unanimously. Amend the Consent Agenda 3.c. Approve application for 3.2 Malt Liquor License for the Albertville Lions for Monday, June 13,2005 at the St. Albert's Parish Center 3.f. Approve Application from the Women of Today to Conduct Excluded Bingo during Albertville Friendly City Days at St. Albert's Parish Center on June 11,2005 MINUTES MOTION BY Council member Fay, seconded by Council member Klecker to approve the May 2, 2005 regular City Council and May 3,2005 Board of Review minutes as presented. Motion carried unanimously. CITIZEN FORUM Mayor Peterson asked if there was anyone present to address the Council regarding items not on the agenda. Deb Holm, 152 Club owner, informed the Council that City Administrator Kruse called her in response to a neighborhood complaint regarding someone tearing up a neighbors yard behind the 152 Club. Kruse met homeowner Ms. Lehn and Ms. Holms to view a complaint that someone had hit several trees and had torn up the yard. Ms. Holms was very unhappy that the City Administrator had suggested several things to deescalate the neighborhood situation. Holms stated she did not know who was responsible for the damage, but didn't like that the City Administrator assuming it was a patron of the bar. Holms stated she was upset that Mr. Kruse suggested a temporary baracade be installed to prevent any future vandalism and escalation of the situation. Ms. Holms stated she did not want a temporary barricade as she uses the alleyway on occasion. During Friendly City Days - Main Avenue is blocked off and there is no way to drive in and out. 1 . . . City of Albertville City Council Minutes May 16, 2005 Page 2 of 13 City Administrator Kruse shared with the Council that he has heard from two (2) residents regarding a number of issues regarding the bars on Main Avenue. City Administrator Kruse has been in contact with City Attorney Couri to identify the status of the alleyway to resolve ifit is privately owned or if it is a City alley. City Attorney Couri had researched the alleyway a couple of years ago and was unable to find any documentation denoting the alleyway behind the bar establishments. City Attorney Couri indicated he would search property owner's abstracts to identifying the status of alleyway. Ms. Holm stated she was upset that the City was trying to purchase the same railroad property that she wanted. Holm's stated no one from the City has contacted her and she was not aware of what the City is doing. Council directed City staff to host a meeting with the Main Avenue (downtown) business owners to discuss downtown issues. Further to share with them that the City is considering some downtown redevelopment and want their input. Mayor Peterson asked if there was anyone present to address the Council regarding items not on the agenda. Jaime Stevens brought to the Council's attention that he had a number of conversations with the City Administrator and the railroad representative. He had been in contact with the Council regarding the railroad issue. Mr. Stevens wanted to know ifthere was any legal ruling in the sale ofthe railroad property and if an adjoining landowner could get first rights to purchasing the land. City Attorney Couri does not believe there is any law that would give an adjoining property owner first rights to purchase land. City Attorney Couri stated if it is in the lease agreement Albertville Body Shop would have first rights to purchase. He is not aware of what is in the lease agreement. City Administrator Kruse noted the City Council is aware of staffs efforts to obtain information regarding the sale of railroad property in the downtown area. Administrator Kruse There is nothing more being done. City Administrator Kruse confirmed that once we obtain the information we will notify the Main Avenue business owners. Mayor Peterson asked if there was anyone present to address the Council regarding items not on the agenda. Girl Scout Troop 418 informed the Council they are going to use some of the cookie money they earned to buy flowers to plant near City Hall to show their appreciation for the use of the former Public Works Building to hold their meetings. They would coordinate it with the Women of Today. 2 . City of Albertville City Council Minutes May 16, 2005 Page 3 of 13 Mayor Peterson asked if there was anyone present to address the Council regarding items not on the agenda. Edina Developments attorney Mr. Hagna spoke during public comments to try and get building permits released for the Albert Villas addition. Edina Development presented a restoration plan to the City's engineer to resolve any wetland issues within the Albert Villas subdivisions. Enclosed in the plan is a recommendation for a letter of credit to insure that Edina performs the work as planned. I have been in contact with City Attorney Couri to deal with the wetland/restoration issues. City Attorney Couri stated that as of April 4, 2005 we sent Edina Development a letter of default. On May 4, 2005 I received a punch list, which S.E.H. is reviewing. The Developer is unable to comply with the wetland delineation, which was noted in the plats. City Attorney Couri went on to explain we are in the process of drafting a complaint letter to Edina Development regarding the default of the wetland. Council stated they will take the restoration plan into consideration with the wetland delineation. Council directed Edina Development to work with City staff. Once these issues are resolved, we will allow building permits to be issued. . John Reichele, from North Country Builders, asked the Council if they would consider allowing staff to approve temporary building permits. This would allow them to at least dig and get the basement portion completed. Council repeated they would take the situation into consideration once Edina Development resolves the default issues. CONSENT AGENDA MOTION BY Council member Berning, seconded by Council member Fay to approve the consent agenda as presented. Motion carried unanimously. a. Approve payment of claims check numbers 021391-021438 b. Approve application for 3.2 Malt Liquor License for the Albertville Lions for the Albertville Friendly City Days at City Park on June 10, June 11 and June 12, 2005 c. Approve application for 3.2 Malt Liquor License for the Albertville Lions for Monday, June 13, 2005 at St. Albert's Parish Center d. Approve S.E.H.'s recommendation to Accept Application for Payment No.2 (FINAL) for 2003 I-94/CSAH 37 Traffic Signal Improvement project in the amount of $6.068.50 to Design Electric, Inc. e. Approve transfer of 3.2 Malt Liquor License from JTS Auto to Croix Oil Company effective June 15,2005 (Albertville Mobil Convenience Store) . ACTION ON PULLED CONSENT ITEMS No items were pulled. 3 . . . City of Albertville City Council Minutes May 16, 2005 Page 4 of 13 1-94 ELWIN TINKLENBERG & ASSOCIATES City Administrator Kruse stated that Mr. Dan Krom was present to update the Council on 1-94 funding progress. Mr. Krom began with the trip to Washington DC informing the Council it was successful. Mr. Krom went on stating, as you know there is a $1 million dollar marker. The House Bill passed now taking it to the Senate on May 31, 2005. There is a chance it may be extended into the summer for the transportation bill. At this point any bridgework could be a 90/1 0 ratio, which could affect the cost. Mr. Dan Krom touched briefly on the Appropriation Bill, which should be done by October 2005. In addition to continuing to monitor and track federal funding processes, the next phase of consultant services the Tinklenberg Group is providing for the City of Albertville includes implementing the collaboration and communication strategies identified in our initial proposal. The objectives of this phase of the project are to share project information, solicit input from public and private stakeholders, to garner support and to generate a partnership approach to interchange improvements. Mr. Krom brought to Council's attention the implementing and information sharing ofthe project. Mr. Krom visited the City's Website and thought it needed some updating. The point was brought up about getting the information to the City of Otsego and City of St. Michael and make sure they are aware ofthe project along with keeping them up-to-date.. Council asked if MnDOT has been involved during the process. Mr. Krom confirmed that he has been in contact with MnDOT throughout the process. A representative from MnDOT was present at the meetings and are aware ofthe project. City Administrator Kruse asked for Council's direction. According to the Contract we budgeted $66,000. Council approved the Tinklenberg group to go ahead. To date our cost is $24,033, but would like direction on the second part. This would require Council to approve the next $15,000. Council wanted to wait until they obtain more information-report from S.E.H. before moving forward. They also wanted to find out if the City of Albertville gets Federal approval before moving forward. City Administrator Kruse stated the report is finished along with the applications required to go before MnDOT. MOTION BY Mayor Peterson, seconded by Council member Klecker to authorize the Tinklenberg Group to proceed to the second part of the Lobbying effort not to exceed $15,000. 4 . City of Albertville City Council Minutes May 16, 2005 Page 5 of 13 Mayor Peterson, Council members Fay and Klecker voted aye. Council member Berning voted nay. Council member Vetsch abstained. DEPARTMENT BUSINESS BUILDING DEPARTMENT No one was present to discuss the Building Department report. PLANNING Parkside Commercial PUD/CUP and Site and Building Plan Review City Planner Brixius stated that Premier Development Group, LLC has submitted an application for approval for a CUP-PUD along with a Site and Building Plan Review of three office buildings within the site. June 2004 a similar plan was presented to the City Council, which was withdrawn by Kent Roessler. City Planner Brixius informed the City Council the original Preliminary Plat was approved in March 2000. Casey's General Store was approved in 2001 as a CUP. The proposed plan development shares access with Casey's. A condition of approval will be a shared access easement agreement. . City Planner Brixius went on to explain the site area is 232,181 square feet or 5.33 acres and is located west of County Road 19 and north of 57th Street NE. The site is zoned B2-A, Special Business District, which is surrounded by residential uses to the south and west; there are commercial uses north and east. City Planner Brixius reported the use presented would be office condominium. The developer is proposing that the building be managed through an office condominium arrangement. The types of businesses that will be located within the site are: medical, dental, etc. City Planner Brixius pointed out the applicant has identified two locations for monument signage. According to the Sign Ordinance, not more than one (1) ground sign shall be permitted on any lot. The applicant is looking for flexibility in order to allow two (2) ground signs on one lot. The signs will be limited to 12-feet in height and 80 square-feet of overall sign face. A Comprehensive Sign Plan including proposed design, size, height, setbacks and lighting must be submitted and reviewed under a separate sign permit. City Planner Brixius stated that City Engineer Moberg has reviewed the revised plans and submitted a memo dated May 16,2005. . Roger Fink, Vice-President of Premier Development Group, LLC addressed the Council informing them he has been in contact with the abutting property owners to the rear of the proposed buildings. Mr. Fink demonstrated to the property owners how the layout height of the buildings is proposed. Mr. Fink handed letters to the City Planner for public record and to be placed in the file. Mr. Fink noted that four (4) ofthe property owners were pleased with the layout and landscaping. 5 . . . City of Albertville City Council Minutes May 16, 2005 Page 6 of 13 Mr. Fink shared with the Council members they are proposing a board-on-board fence/screening between the buildings to screen any parked vehicles and filtering of headlights. Forty-eight (48) square-feet per tenant for signage allowed. City Planner Brixius would review the signage to be presented. Mr. Fink informed the Council that CIC would like to sell the individual bays. Council wanted to know if this would be noted in the Developer's Agreement. City Attorney Couri would incorporate that information into the Developer's Agreement and would give a copy for CIC's review. Council had a concern with the current traffic level on 57th Street NE. Council recommended no parking on 5ih Street NE from Casey's to the end of the commercial property. Council directed staff to look into directional arrow lights at the intersection ofCR 19 and 57th Street NE. Council was unsure if we need the arrows at this time or in the near future. City Attorney Couri was directed to include in the Developer's Agreement to note the restricted hours for the illuminated signage. Council wanted to ensure the lighted signage would be in compliance with the current City's Ordinance. They did not want signage on the building facing 57th Street NE, which would include no signage in the windows. MOTION BY Council member Fay, seconded by Mayor Peterson to approve the Parkside Commercial PUD/CUP and Site and Building Plan Review as amended. Mayor Peterson, Council members Fay and Vetsch voted aye. Council members Berning and Klecker voted nay. Motion carried. Findings of Fact: Based on review of the application and evidence received, the City Council now makes the following finding of fact and decision: A. The property is located west of CR 19 and north of 57th Street NE. B. The planning report dated April 6, 2005 from Northwest Associated Consultants as well as the engineering report dated March 31, 2005 from SEH were reviewed and presented to the Planning Commission. C. The proposed use can be accommodated with existing public services and will not overburden the City's service capacity. D. Traffic generated by the proposed use is within capabilities of streets serving the property as proposed. 6 . . . City of Albertville City Council Minutes May 16, 2005 Page 7 of 13 E. The requirements of the Albertville Zoning Ordinance have been reviewed in relation to proposed plans. F. The proposed actions have been considered in relation to the specific policies and provisions of and have been found to be consistent with the Comprehensive Plan. G. The proposed development will be compatible with present and future land uses of the area. H. The proposed use conforms to all applicable Zoning Ordinance performance standards. I. The proposed use will not tend to or actually depreciate the area in which it is proposed. Decision: Based on the foregoing information and applicable ordinances, the City Council APPROVES the PUD/CUP and Site Plan based on the most current plans and information received to date subject to the following conditions: 1. A shared access easement agreement shall be entered into with Casey's. 2. The landscaping plan shall be revised to include the following: a. Black Hills Spruce shall be planted fifteen (15) feet apart in staggered rows and shall be 6-8 feet tall on the western portion of the site area. b. Additional species and quantities of plantings shall be provided in the northeastern and southwestern portion of the plan. c. A cross-section plan of the western portion of the site shall be submitted for City review and approval. d. The striped areas at the perimeter of each parking area shall be raised concrete parking islands. 3. Uses within the buildings shall be limited to professional offices, clinics, and personal and on-site services. No outdoor storage shall be allowed within the site. 4. The grading, drainage, and utility plans shall be subject to comments found in the City Engineer's report dated March 31, 2005 and May 16, 2005. 5. Monument signage shall be limited to no more than two signs that are no more than twelve (12) feet in height and are no more than eighty (80) square feet of sign face. Wall signage shall not exceed 48 square feet for each building entrance location. A separate sign permit will be required for this application. All sign lighting shall be on a timer that will turn off lights when the businesses are closed (turned off at 7 . City of Albertville City Council Minutes May 16, 2005 Page 8 of 13 11 :00 p.m.) No wall signage on 5th Street NE. No signage in windows along 5th Street NE. 6. All light poles shall not exceed twenty (20) feet in height. All lights shall be at 90- degree cutoff. 7. The Common Interest Community (CIC) declarations, by-laws, and related association documents shall be subject to the review and approval of the City Attorney. 8. The applicant shall enter into a Development Agreement with the City and shall be subject to the review and approval of the City Attorney. 9. The City approves the proof of parking arrangement for five parking stalls on the east end of Building 3. The property owner shall be required to construct these parking spaces upon order of the City if parking demand exceeds the supplied parking, resulting in parking on 57th Street NE, parking within drive aisles, or parking on landscaped areas of the site. (No parking on 57th Street NE) 10. Parking between buildings 2 and 3 shall be proof of parking. . 11. Mini fence or shrub to screen the air-conditioning units located on 5th Street NE (south-southwest side of the building). Ouality Title Office Building Site and Building Plan Review City Planner Brixius stated that Mainstream Properties, LLC has submitted an application for site and building plan review to construct an office building located on the comer of CR 19 and 53rd Street NE in Albertville. The site is currently vacant and the applicant is proposing to develop a two-story complex. City Planner Brixius addressed the concern regarding the parking and circulation noting the Zoning Ordinance requires three spaces plus at least one space for each 200 square feet of floor area. The applicant is proposing 10,310 square feet of floor area for both floors. The calculation required for offices will need 49 stalls for the site. City Planner Brixius reported the plan shows that the parking stalls are 9 feet by 18 feet. The Albertville Zoning Ordinance requires that stalls be 9 feet by 20 feet. As a condition of approval, the applicant will be required to modify the length of the parking stalls to meet the requirement of the Zoning Ordinance. . City Planner Brixius shared that the applicant is proposing a curb cut onto Kyler Avenue NE to the west as well as a curb cut connecting the site to the Shoppes at Prairie Run to the south. As a condition of approval, the applicant will be required to provide a cross access easement with the Shoppes at Prairie Run. The overall circulation plan is acceptable, however, is subject to the review of the City Engineer. 8 . . . City of Albertville City Council Minutes May 16, 2005 Page 9 of 13 City Planner Brixius went over the signage proposed for the site; because of the buildings' location on a comer lot additional signage may be acceptable. Not more than one sign shall be permitted on the front wall of any principal building. The City has allowed additional wall signage for multi tenant buildings provided that a comprehensive sign plan and sign permit is reviewed and approved by the City. Council recommended boxing out or to dress up the exit onto 53rd Street NE. Council would like the rear of the building to look similar to the front of the building. Council noted that the Shoppes of Prairie Run is to the south of this site and asked if the sidewalk would be extended to this property. MOTION BY Council member Vetsch, seconded by Council member Klecker to approve the Quality Title Office Building Site and Building Plan Review as amended. Motion carried unanimously. Findings of Fact: Based on review of the application and evidence received, the City Council now makes the following finding of fact and decision: A. The property is legally described as Lot 1, Block 5 Heuring Meadows. B. The planning report dated April 6, 2005 from Northwest Associated Consultants as well as the engineering report dated March 30,2005 from SEH were reviewed and presented to the Planning Commission. C. The proposed use can be accommodated with existing public services and will not overburden the City's service capacity. D. Traffic generated by the proposed use is within capabilities of streets serving the property as proposed. E. The requirements of the Albertville Zoning Ordinance have been reviewed in relation to proposed plans. F. The proposed actions have been considered in relation to the specific policies and provisions of and have been found to be consistent with the Comprehensive Plan. G. The proposed development will be compatible with present and future land uses of the area. 9 . . . City of Albertville City Council Minutes May 16, 2005 Page 10 of 13 H. The proposed use conforms to all applicable Zoning Ordinance performance standards. I. The proposed use will not tend to or actually depreciate the area in which it is proposed. Decision: Based on the foregoing information and applicable ordinances, the City Council APPROVES the Site and Building Plan based on the most current plans and information received to date subject to the following conditions: 1. The applicant shall revise the size of the building to meet the required setbacks. 2. All parking stalls shall be nine (9) feet by twenty (20) feet. 3. The applicant shall be required to provide a cross access easement with Shoppes at Prairie Run to the south. 4. The grading and drainage plan shall be subject to the review and approval ofthe City Engineer's report dated March 30, 2005. 5. All landscaping shall be required to be irrigated with a one-year landscaping guarantee. 6. The applicant shall submit details ofthe trash enclosure. The exterior materials of the trash enclosure shall be consistent with those used for the main building. 7. The applicant shall submit a lighting and photometric plan for review of the City. 8. The applicant will be required to apply for a sign permit for all signs proposed for the building. 9. A development agreement shall be entered into between the Developer and the City. 10. Additional comments from City staff, Planning Commission, and City Council. 11. North side of the building has a similar look as south side. 12. To have the sidewalk continue on Kyler Avenue NE ifin place on the Shoppes at Prairie Run subdivision. ENGINEERING Approve S.E.H.'s recommendation to accept the low bid of Om ann Brothers. Inc. in the amount of$241.522.75 for the 2005 CSAH 37 Trail Protect City Administrator Kruse stated that S.E.H. received seven (7) bids for the 2005 CSAH 37 Trail Project. Omann Bros. came in with a low bid of$241,522.75. Staff is looking for Council's 10 . . . City of Albertville City Council Minutes May 16, 2005 Page 11 of 13 approval to accept the low bid so construction can begin. Staff estimated completion of the project, weather permitting, July 2005. Council wanted to know if the drainage issues along CSAH 37 will be included in the project. City Administrator Kruse confirmed the drainage issues will be included. MOTION BY Council member Berning, seconded by Council member Fay to award Omann Brothers, Inc. the low bid in the amount of$24l,522.75 for the 2005 CSAH 37 Trail Project. Motion carried unanimously. Award Construction Bid for Wastewater Treatment Expansion City Administrator Kruse reported that S.E.H. received bids for Phase 2 Expansion ofthe Wastewater Treatment Plant. Gridor Construction, Inc. did Phase 1 Expansion of the project. City Attorney Couri has reviewed the contract. City Attorney Couri stated the only change he recommends is the submittal of payment. The Contract states submittal of payment made in 10 days. City Attorney Couri would like to see that back at 30 days. MOTION BY Council member Fay, seconded by Council member Klecker to award Gridor Construction, Inc. the low bid in the amount of$3,705,000 for the Wastewater Treatment Plant Phase 2 Expansion contingent on the change on the payment dates. Motion carried unanimously. LEGAL Bolton & Menk. Inc. Agreement City Attorney Couri touched briefly on minor changes to the Bolton & Menk, Inc. Agreement or Contract. City Attorney Couri brought to the Council's attention Section III A. 3. In general, compensation for services outlined in Sections I.B. and I.C. of Exhibit I shall be based on the Schedule of Fees listed in Section IILA. for the time actually spent by the CONSULTANT. Ifit is possible to accurately define the extent ofthe engineering services that will be required, a not- to-exceed amount will be provided to the CLIENT. NON-ROUTINE ENGINEERING Bolton & Menk, Inc. proposes to provide non-routine services, as described in the Executive Summary, on a project-by-project basis. When it is possible to accurately define the scope of the project and the engineering services to be performed, a not-to-exceed or lump sum fee will be provided to the City. Project fee budgets will be based on the fee schedule shown on page 5-2. Change the last sentence to read Project fee budgets will be based on the fee schedule shown as Section III A. 1. REIMBURSABLE ENGINEERING 11 . . . City of Albertville City Council Minutes May 16, 2005 Page 12 of 13 As with non-routine services, Bolton & Menk, Inc. proposes to provide reimbursable work, as described in the Executive Summary, on an hourly basis and according to the fee schedule shown on page 5-2. Change the last sentence to read Project fee budgets will be based on the fee schedule shown as Section III. A. 1. I.A. MUNICIPAL IMPROVEMENT PROJECT - BASIC SERVICES 8. The CONSULTANT shall identify needed right-of-way and easements in a timely manner and shall provide copies of the plans for use by the CLIENT in negotiating and obtaining easements and rights-of-way, if required. Add the comment: At CONSULTANT's request the City will provide information as needed. MOTION BY Council member Berning, seconded by Mayor Peterson to approve the Bolton & Menk, Inc. Agreement with the changes noted by the City Attorney. Motion carried unanimously. ADMINISTRATION Written Report City Administrator Kruse brought to the Council's attention the PilotlKencolKent Roessler LLC settlement was complete. We can now focus our attention on Edina Development and strive to resolve by the end of2005. City staff is working with Welcome Furniture and Darkenwald Real Estate regarding the assessments. We hope to bring the Resolution No. 2005-16 before City Council at the June 6, 2005 Council meeting. City Administrator Kruse briefly touched on the Downtown Renovation project stating the Community Partners has submitted a proposal and a meeting will be arranged with the downtown businesses. 70th Street NE Agreement City Administrator Kruse stated there is a DRAFT of an agreement included in the packet. As reported earlier in the meeting the City of Otsego is in no hurry to proceed with the construction of 70th Street NE. Mayor Peterson informed City staff he was at the Albertville Premium Outlets this past weekend and he observed the site. He counted about 10 customers ''jay'' walking across CR 19. He stated it is just a matter of time before someone will be injured. 12 . . . City of Albertville City Council Minutes May 16, 2005 Page 13 of 13 Council directed staffto send a letter to the Albertville Premium Outlets addressing the fence. It was Council's understanding the Albertville Premium Outlets was to install a fence to prevent or discourage customers from "jay" walking across CR 19. City Administrator Kruse looked for Council direction on which engineering firm should manage the Towne Lakes Sixth Addition construction phase. The City Council directed City Administrator Kruse to notify Bolton & Menk, Inc. to proceed to complete construction oversight. Resolution No. 2005-17 entitled Transportation Priority Council took no action on Resolution No. 2005-17 entitled Transportation Priority with the comment that the 10% goes to the freeway. They do not want it to go to buses, light rail, air way or other. OTHER BUSINESS. MINUTES AND MATERIALS Set next Joint meeting with Albertville Council. St. Michael Council and STMA School Board - Tentative date Monday. August 29. 2005 at 6:00 p.m. Mayor Peterson recommended himself, one Council member and the City Administrator attend the joint meeting. Mayor Peterson directed staff to send a letter to North Memorial stating the City of Albertville supports their efforts. Council member Vetsch wanted it noted that he abstained. ADJOURNMENT MOTION BY Council member Vetsch, seconded by Council member Berning to adjourn at 10:26 p.m. Motion carried unanimously. <,.,....#~..-~7..^.~ ~eterson, Mayor ~ ~ .lfIA:Plv Bridget ~l~, City lerk - 13