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2005-06-06 CC Minutes ~ i\!~~..r!.'!Ql€ ALBERTVILLE CITY COUNCIL June 6, 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 Pulled item to be discussed at the June 20,2005 Council meeting 7.c.t. Engineering - Edina Development Albert Villas Wetland Mitigation Deric Deuschle (S.E.H.) Move item 7.f.3. STMA Soccer Funding to 7. Department Business Add item 7.c.lO. Albert Villas Wetland Mitigation Update from Deric Deuschle (S.E.H.) MINUTES MOTION BY Council member Berning, seconded by Council member Klecker to approve the May 16, 2005 regular City Council and May 17, 2005 City Council Workshop 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. There was no one present. City of Albertville City Council Minutes June 6, 2005 Page 2 of 23 CONSENT AGENDA MOTION BY Council member Berning, seconded by Council member Klecker to approve the consent agenda pulling item e. Motion carried unanimously. a. Approve payment of claims check numbers 021455 - 021506 b. Approve the S.E.H. Engineer's recommendation to reduce the Letter of Credit for Kollville Estates 3rd from $140,000 to no less than $46,720 c. Accept a donation of Gambling Funds from the Albertville Lions in the amount of $4,000 and make a donation to the Albertville Friendly City Days Committee in the amount of $4,000 d. Approve transfer of Liquor License from Gary Vetsch to Twin Star Food & Beverage Co., Inc. effective June, 2005 (Smackdown's) 1. On-Sale Liquor License 2. Off-Sale Liquor License 3. Special Sunday Liquor License 4. 2 AM Closing License e. Tobacco Free Park Policy Resolution No. 2005-20 f. Parks and Recreation Committee Rules and Guidelines Resolution No. 2005-19 ACTION ON PULLED CONSENT ITEMS Mayor Peterson wanted to pull item e. Tobacco Free Park Policy until the Parks and Recreation Committee has had a chance to review the surveys being distributed to the residents. DEPARTMENT BUSINESS STMA SOCCER FUNDING REQUEST STMA Girls and Boys High School Soccer Program requested funding to updating the old high school football field at Community Ed. to be used as the new home of STMA Soccer. As of May 2nd the school board passed our request for bleachers, a clock, a P A system and half the cost to power the field with lights. Unfortunately the cost to light the Community Education Field is $60,000. We have already received over $17,000 in donations from various organizations including STMA Soccer Club, Boys and Girls Varsity Booster Club, and Hanover Athletic Association. Most recently the City of St. Michael pledged $7,000 to this project and we were hopeful for a similar contribution from the City of Albertville. MOTION BY Mayor Peterson, seconded by Council member Klecker to approve $3,000 pledge to the STMA Soccer Program for the purpose to update the old football complex amending the donation budget to reflect the donation. Motion carried unanimously. W ASTEW ATER TREATMENT PLANT DEPARTMENT City Administrator Kruse reported the mail lift station has one of three pumps in for maintenance and staff continues to work on some recent lift station problems. MOTION BY Council member Berning, seconded by Council member Fay to approve the Wastewater Treatment Plant Department monthly report. Motion carried unanimously. M:IPublic DatalCity CouncillCouncil Minutes\2005 MinutesIM 06-06-05 Final.doc City of Albertville City Council Minutes June 6, 2005 Page 3 of 23 PLANNING Anderson Detached Garage - Conditional Use Permit City Planner Brixius reported the subject property is zoned "R-l", Residential Single-Family. A conditional use permit is required for more than one (1) detached or attached private garage for each single-family dwelling. The applicant is seeking to add a detached garage to his property. The detached garage will be used as storage space and will be located directly behind the existing house measuring six hundred (600) square feet in area. The applicant's existing two hundred (200) square foot attached garage will remain and be converted into bedroom living space. City Planner Brixius stated the applicant has indicated that the side yard setbacks will be thirty-five (35) feet to the west property line and thirty-five (35) feet to the east property line. City Planner Brixius concluded that according to the Zoning Ordinance for accessory buildings, the rear setback shall not be less than ten (10) feet. The submitted application has not indicated dimension of the rear setback. With the exception ofthe rear setback, the proposal appears to meet the City's requirements for garage construction. Action Requested. Following a public hearing, the Planning Commission may consider one of the following actions: 1. Approval of the CUP, based on a finding that the proposed garage is consistent with the requirements of the zoning ordinance, subject to compliance with the setback standards. 2. Denial of the CUP, based on a finding that the proposed location is inconsistent with the zoning requirements for setback. RECOMMENDATION Planning staff recommends approval of the CUP. The garage appears to be consistent with the City's regulations relating to such structures. This recommendation would include the following conditions: 1. Location of the garage meets the zoning standards for setbacks and does not interfere with septic drain field. 2. Garage construction is consistent with the architecture and materials of the existing home. 3. Garage will not be used for business or home occupation. City Planner Brixius presented the Findings of Fact looking for the City Council's recommendation and approval of the Anderson Conditional Use Permit for the addition of a detached garage. Findings of Fact: Based on the review of the application and documentation received, the City Council presents the following findings of fact: A. The property is located at 11808 50th Street NE and is zoned "R-l", Residential Single-family. M :\Public Data\City Council\Council Minutes\2005 MinutesIM 06-06-05 Final.doc City of Albertville City Council Minutes June 6, 2005 Page 4 of 23 B. The planning report dated May 5,2005 from Northwest Associated Consultants, along with the engineering report dated April 8, 2005 from SEH were reviewed and presented to the Planning Commission. C. The Planning Commission reviewed the application of a public hearing and recommended that the City Council approve the application with the condition outlined in the Planner's May 5,2005 report. D. The property is zoned "R-1 ", Residential Single-family, which requires a CUP for more than one (1) attached or detached garage per single-family lot. E. The proposed use can be accommodated with existing public services and will not overburden the City's service capacity. F. Traffic generated by the proposed use is within capabilities of streets serving the property as proposed. G. The requirements of the Albertville Zoning Ordinance have been reviewed in relation to proposed plans. H. 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. I. The proposed development will be compatible with present and future land uses of the area. J. The proposed use conforms to all applicable Zoning Ordinance performance standards. K. The proposed use will not tend to or actually depreciate the area in which it is proposed. Decision: The City Council moves to approve the CUP based on the above information and detailed plans submitted by the applicant to date subject to the following conditions: 1. Garage meets setbacks required by the R-1 district. 2. The garage will not be used for business or home occupation. 3. The driveway grading shall be subject to the City Engineer's review and comments. 4. Additional comments from City staff, Planning Commission, and City Council. City Planner Brixius informed the Council the applicant was present to answer any questions they may have. Mr. Anderson stated it is a narrow Y4 of an acre right off of 50th Street NE; a full acre abutting the Y4 acre. Council asked if it is a shared driveway with the owners to the east. Mr. Anderson confirmed it is a shared driveway with the owners. Mr. Anderson has been inquiring with the landowners to the southwest. It is a couple that resides in Iowa. They want to give it to their children as a future vacation spot up north. MOTION BY Council member Vetsch, seconded by Council member Klecker to approve the Anderson Detached Garage - Conditional Use Permit as presented. Motion carried. M:IPublic DatalCity CouncillCounciJ Minutes\2005 MinutesIM 06-06-05 Final.doc City of Albertville City Council Minutes June 6, 2005 Page 5 of 23 Albertville Crossings 3rd LaBeaux Station - Commercial Conditional Use PermitIPlanned Unit Development - Site and Building Plan Review - Preliminary Plat City Planner Brixius informed the City Council that Cascade II Land Company, LLC has submitted an application for Preliminary Plat and Conditional Use Permit / Planned Unit Development for the development of Outlot A, Park View Place. The site is located north of 57th Street NE and immediately east of Albertville Crossings 3rd Addition. The area is currently zoned B-2. The property area consists of 8.17 acres. The proposal involves developing the area to include a pharmacy with drive-thru, office space, and five restaurants, which include traditional sit-down restaurants and fast-food restaurants. A CUP/PUD is necessary to accommodate having multiple commercial buildings on a lot and shared access and parking facilities. Access to the development will occur off of 5ih Street NE via an extension of Lachman Avenue NE in the center of the building, as well as the northern curb cut for Lot 1, Block 1. Lachman Avenue NE is considered a commercial street and was required to align with Coborn's to the south, which it does. A service drive on the western portion of Block 1 is also identified and a shared access easement will be required for that area. A new curb cut is proposed for access to Lot 2, Block 2. City Planner Brixius stated the applicant has submitted a plan that identifies truck traffic and vehicle traffic circulation throughout the site. As a condition of approval, the signage must direct truck traffic deliveries off of Lachman Avenue. One-way truck maneuverability works around the north side of Lot 1, however, the truck turning radius for Lots 2,3, and 4 are inadequate. Below are review comments for each lot and block within the development. Lot 2, Block 1. Access to this lot will be accommodated via the extension of Lachman Avenue NE. Staff would recommend that three northernmost parking stalls located immediately north of the building be limited so as to not conflict with the drive aisle further north. Instead of parking stalls, the applicant should provide a raised landscaped island within that area. Lot 1, Block 2. Access to this lot will be accommodated via Lachman Avenue NE. The drive-isles are between 20 and 22 feet and therefore; do not meet the minimum requirements of the Ordinance. All stripped areas identified within this site should be raised and curbed. The overall area must be redesigned to accommodate truck traffic within the site for deliveries and trash removal. Lot 2, Block 2. Access to this lot will be accommodated via a curb cut off of 57th Street NE. A trash enclosure and loading zone is proposed east of the curb cut, however, this location will not accommodate a sufficient turning radius for larger trucks, as shown on the plan. To accommodate larger deliveries, the loading and trash enclosure should be located on the northern portion ofthe site. Like the other lots, the drive aisle does not conform to the minimum requirements of the Zoning Ordinance. The drive aisle within this area is 22 feet. M:IPublic Data\City Council\Council Minutes\2005 MinutesIM 06-06-05 FinaI.doc City of Albertville City Council Minutes June 6, 2005 Page 6 of 23 City Planner Brixius reported after review ofthe applicant's submittal, staff would recommend approval of the CUPIPUD subject to the conditions outlined herein. The plan offers a mix of retail, office, and restaurant opportunities and will be designed to reflect other uses within the City. City Planner Brixius noted the overall parking that the applicant is proposing exceeds the minimum requirements for parking, however, the design of the parking area will be problematic dueto limited drive isles and parking off of proposed access roads within Block 1. There are 80 parking stalls identified within Lot 1, Block 1 and 93 parking stalls located within Lot 2, Block 1. Traffic maneuverability issues exist within this area as several parking stalls are planned adjacent to the service drive in the center of the block. Vehicles backing out from parking stalls will interrupt traffic from that drive isle. City Planner Brixius stated the Findings of Fact is 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 north of 57th Street NE and immediately east of Albertville Crossings 3rd Addition. B. The planning report dated May 5, 2005 from Northwest Associated Consultants as well as the engineering report dated May 4, 2005 from Bolton & Menk, Inc. were reviewed and presented to the Planning Commission. C. The Planning Commission held a public hearing and reviewed the application. Upon completion of their review, the Planning Commission has recommended to the City Council approval of the application subject to the conditions outlined in these findings. D. The proposed use can be accommodated with existing public services and will not overburden the City's service capacity. E. Traffic generated by the proposed use is within capabilities of streets serving the property as proposed. F. The requirements of the Albertville Zoning Ordinance have been reviewed in relation to proposed plans. G. 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. H. The proposed development will be compatible with present and future land uses of the area. 1. The proposed use conforms to all applicable Zoning Ordinance performance standards. J. 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 Preliminary Plat and PUD/CUP based on the most current plans and information received to date subject to the following conditions: M:IPublic DatalCity CounciJICouncil Minutes\2005 MinutesIM 06-06-05 Final.doc City of Albertville City Council Minutes June 6, 2005 Page 7 of 23 Preliminary Plat 1. The north end of Lachman Avenue NE be flared to the east to accommodate the alignment of this street with Lachman Avenue NE at 60th Street NE. The City Engineer will identify the specific street right-of-way alignment. 2. Lot 1, Block 2 be enlarged to increase the amount of on-site parking for the restaurant. 3. Ten foot drainage and utility easements shall be required along the perimeter of the plat. 4. Developer and City will enter into a development agreement that allows parking over the City's sanitary sewer easement with the understanding that the City may disrupt the parking area to maintain or repair this utility. All parking lot repair or replacement shall be the property owner's responsibility and expense. 5. The applicant shall establish recordable easements separate from the preliminary plat for shared access and parking across the lots. Said easements shall be subject to review and approval of the City Attorney. 6. The plat shall pay the required parkland dedication of$7,500 per acre with the final plat. The City Council shall decide if some land dedication will be required in addition to a cash contribution. 7. The applicant shall extend a sidewalk along the north side of 5ih Street NE and the west side of Lachman Avenue NE. All sidewalks shall also link into the parking lots and pedestrian ways within the site. Planned Unit Development 1. Establish cross access and parking easements across the plat. 2. Parking/circulation. a. All parking areas shall have stalls 20 feet in length, nine feet in width, and a drive aisle width of 22 feet. Additional driveway width may be required for truck routes. b. The site design shall be modified to accommodate semi-truck service through Lots 2, 3, and 4 without interfering with parking stalls, curb islands, and buildings. c. Parking for Lot 1, Block 1 will be calculated using the shopping center parking ratio of 5.5 stalls per 1,000, requiring 72 parking stalls. Lot 2, Block 1 shall be required to provide 74 parking stalls. The excess parking supply shall be eliminated to increase green space, additional landscape islands, and improve truck circulation patterns. d. Additional disability parking stalls in Lot 2, Block 1. e. All striped areas in the parking lots shall be parking islands with raised curb. 4. Drive- Thru Lane a. All drive-thru lanes shall provide 120 feet of automobile stacking. Stacking lanes shall be separate from other traffic lanes. This may eliminate one ofthe drive lanes on Lot 1, Block 1. b. The drive-thru lanes shall illustrate location of menu boards. c. Landscaping screening shall be required along the west lot line of Lot 2, Block 1 to screen the back of the building and the drive-thru lane. 5. Trash Enclosure a. The loading and trash enclosure identified within Lot 2, Block 2 shall be relocated to the north of the building. M:IPublic DatalCity CouncillCouncil Minutes\2005 MinutesIM 06-06-05 Fina1.doc City of Albertville City Council Minutes June 6, 2005 Page 8 of23 6. Grading and Utility a. The grading, drainage, and utility plan shall be subject to the conditions outlined within the City Engineer's report dated May 4,2005. b. All issues related to on site wetlands, including delineation and mitigation will be subject to approval by the Wright County Soil and Water Conservation District. 7. Landscaping a. The landscaping plan shall be revised to include additional trees and shrubs throughout the site area. b. Fruit bearing trees will be prohibited within all landscaped islands. The applicant shall submit landscaped island details that show all trees and the light pole fixtures. c. Financial securities to guarantee the installation and survivability of the improvements shall be provided as required by Ordinance. 7. Additional Conditions a. Outdoor storage within the site area shall be prohibited. b. Individual sign permits shall be required for all proposed signage within the site area consistent with the approved comprehensive sign plan. 1. Wall signage shall not exceed 64 square feet or 15% whichever is less per tenant bay. 2. Approval of the pylon sign 29 feet high and 212 square feet in area. 3. Monument signage shall not exceed 12 feet high or 73 square feet in area. 4. Window signage shall not exceed 10% ofthe tenant bay windows. 5. The applicant shall provide to the City all proposed traffic control and directional sign plans for review and approval. c. A development agreement shall be required and prepared by the City Attorney. d. Pedestrian access into the site from public sidewalks. After the City Council meeting, Council member Berning asked Mr. Brixius to check if it may be appropriate for the City to request a parkland dedication from the LaBeaux Station plat. The northeast comer of the LaBeaux Station plat contains a limited amount of non-wetland property that abuts the City's park and fire station. This appears to be a logical extension of the existing park and is not intended to be developed through the LaBeaux Station development. The size of the upland area is roughly 9,300:!: square feet. Field inspection reveals that this land has a rolling topography that slopes to wetlands to the south and west. The size and physical condition of the property will limit its use. The City Council should provide the staff direction as to whether this land dedication is wanted. If the land is taken, we must establish a land value that would be credited against the applicant's park cash contribution. M:IPublic DatalCity CounciJlCounciJ Minutes\2005 MinutesIM 06-06-05 Final.doc City of Albertville City Council Minutes June 6, 2005 Page 9 of 23 City Planner Brixius stated the Dan Green is present to address any questions or concerns the Council has regarding this site. Council asked Mr. Green about the sidewalk placement. Mr. Green informed the Council a 5-foot sidewalk will be placed along Lachman Avenue NE and 57th Street NE. Mr. Green then reported the signage within the parking lot will be re-configured to allow for the trucks circulation. MOTION BY Council member Berning, seconded by Council member Klecker to approve the Albertville Crossings 3rd LaBeaux Station - Commercial Conditional Use PermitIPlanned Unit Development - Site and Building Plan Review - Preliminary Plat as amended. Motion carried unanimously. Westwind Third Addition-Bri~gs Properties - Planned Unit Development (PUD)-Concept Plan City Planner Brixius reported in January ofthis year, Briggs Properties approached the City to inquire if the remaining vacant 4.25-acre parcel of the Westwind PUD was available for the development of a high-density apartment project. In response to their inquiry, we sent them documentation of the site's history. This history reveals that in 1996, the City approved a Comprehensive Plan amendment changing the land use for the site from high density residential to medium density residential. City staff informed the applicant this change in the Land Use Plan was precipitated by a development request by Kornovich Development Company Inc. that proposed 40 town home units for the site. The City Council agreed with the reduction in density and approved the Comprehensive Plan change. Currently, the site remains zoned PUD and in consideration of a development request, the City would be guided by the medium density residential land use of the Comprehensive Plan, the R-5, Medium Density Residential District density standards, and the general town home performance standards of the Albertville Zoning Ordinance. Staff indicated that the City would not be interested in additional high density residential development unless the product was different than the existing high density residential rental product current in the City. Staff suggested that there is a need for market rate luxury apartments that offer building security and amenities not offered by the existing Albertville housing market. The land use change required to accommodate apartment development on the remaining Westwind PUD site is a policy decision for the Planning Commission and City Council. Briggs Properties has applied for PUD concept plan review to solicit Planning Commission and Council opinion as to what type of land use, site design, building design and level of amenities may be appropriate for the M:IPublic Data\City Council\Council Minutes\2005 MinutesIM 06-06-05 Final.doc City of Albertville City Council Minutes June 6, 2005 Page 10 of23 site. Through the concept plan review, the developer may receive City input before investing significantly in construction drawings. In consideration of a concept plan, the City is not giving a development approval; rather it is only providing input related to land use and site design that may make a project more appealing. In 1996, the City determined that the appropriate land use for the proposed site was medium density residential. In recent years, the City has not been satisfied with type and quality of the multiple family development that has taken place. The change in land use will be contingent on the applicant's ability to satisfy the City's expectations for quality market rate luxury apartments. Council recommended guidelines to prevent this development from losing the luxuries as it passed from one property owner to the next. Council does not want the responsibility to police the area in the future. Mayor Peterson and Council members Vetsch and Berning all concur it needs to meet the city's expectations. Council informed staff to continue working with the applicant. Hunter's Pass Estates - Final Plat - Developer's Agreement (Legal) Minnesota Development Agency LLC has filed application for final plat for a subdivision entitled Hunter's Pass Estates. The City approved Hunter's Pass Estates preliminary plat and planned unit development in October 2004. The preliminary plat encompassed 76.6 acres in the northeast comer of Albertville. The preliminary plat was approved with 95 lots in a coved subdivision design. A planned unit development was approved for flexibility in lot size, front yard setbacks, side yard setbacks, and street design. The final plat encompasses the entire 76.6 acre site, but only 65 lots are to be platted with the balance of the land being platted into three outlots and a park. Based on our review, we find that the final plat is consistent with the approved preliminary plat and planned unit development. We recommend approval subject to the following conditions: 1. The developer shall submit a directory of lots illustrating the applicable setbacks for each lot. Setbacks shall be consistent with the PUD approved setbacks outlined in this report and illustrated on Exhibit C. 2. The final plat shall illustrate a 70-foot right-of-way dedication along 70th Street NE for the full length ofthe final plat. 3. The developer shall agree to pay the City $283,674.00 for improvements of 70th Street NE and MacIver Avenue NE. 4. Parking shall be restricted on one side of all local streets. The developer shall install appropriate signage. 5. A blacktop trail connection from 69th Circle NE to 70th Street NE and over to Lakewood Drive NE shall be provided. M:\Public Data\City Council\Council Minutes\2005 Minutes\M 06-06-05 Final.doc City of Albertville City Council Minutes June 6, 2005 Page 11 of23 6. Sidewalks shall be extended to the street at the comers of LaSalle Circle NE and 69th Circle NE; and LaSalle Circle NE and 67th Street NE. Disability curb ramps shall be installed. 7. Separate trail easements shall be recorded for all off right-of-way trails. 8. The homeowners association shall be responsible for sidewalk and trail maintenance. 9. The developer shall improve the park per plans approved by the Albertville Park Committee. 10. Drainage and utility easements must be shown over the outlots containing wetlands and ponding areas on the final plat. The size and location of all easements shall be approved by the City Engineer. 11. The developer or assigns shall be responsible for removal of erosion control measures at the completion of the subdivision development. 12. The developer shall install wetland buffer markers. 13. The landscape plan shall be revised to include: a. Additional landscaping on the north and east edge of the plat, locations specified in this report. b. The developer shall install two trees per lot (two inch caliper). c. The homeowners association shall maintain cul-de-sac island landscaping. 14. The developer shall incorporate the architectural guidelines into the homeowner association bylaws and further define "significant brick or stone." 15. The developer shall enter into a development agreement with the City. 16. Subject to the City Engineer's comments on the utility plans. City Planner Brixius stated the base zoning on the property is R-l, Low Density Residential District and S, Shoreland Overlay District. The average lot size is 13,837 square feet of buildable land. This average lot size exceeds the R-IA required buildable lot area exclusive of wetlands. City Planner Brixius explained that through the coved subdivision, all house pads shall be set back from the street a distance that provides an 80- foot lot width at the front building line. The applicant shall provide a directory of setbacks for each individual lot in the subdivision. This directory shall show the following: 1. The variable front yard setbacks of 30+ feet that results in a lot width of 80 feet at the front building line. 2. Other Setbacks: · Side Yard Setback: 5 feet garage side · Side Yard Setback: 10 feet living space · Side Yard Setback: 30 feet on comer . Rear Yard Setback: 30 feet minimum · Wetland Setback: No building deck or other structure shall encroach into the 30 foot wetland setback · No rear or side yard setback variances shall be approved M:\Public DatalCity CouncillCouncil Minutes\2005 Minutes\M 06-06-05 Final.doc City of Albertville City Council Minutes June 6, 2005 Page 12 of23 3. The rear lot line shall be considered the southeast lot line for all flag lots (Lots 13, 14, Block 3; Lots 8, 9 of Block 1). City Planner Brixius confirmed that erosion control shall be installed in accordance with the approved grading plan. The developer shall be responsible for removal of erosion control devices with complete build out ofthe subdivision. Council asked why there are islands in the center ofthe cul-de-sacs. Would it be difficult to plow around and would it be a safety issue? Matt Froelich, the developer, stated the homeowner association shall be responsible for the landscaping and maintenance of all cul-de-sacs and islands. Council wanted to make sure the spacing of the streetlights is consistent to the south part of Albertville. They do not want them similar to the Towne Lakes Development. Council asked the status of the Valerius property located within the site. Mr. Froelich informed the Council it has been purchased and included in the Hunter's Pass Estates Development. Council addressed the Hunter's Mud Lake Crossing and Hunter's Lift Station. City Attorney Couri stated these are City projects; therefore the developer would not be responsible for construction. Council asked if there was anything noted or documented in regards to rental property. Staff confirmed there was nothing noted in the Developer's Agreement. City Attorney Couri informed the Council that the Developer shall pay the City $283,674.00 for road improvements necessitated by the Development, including the improvement of 70th Street NE, which the City intends to improve pursuant to an anticipated future agreement between the City and the City of Otsego. Developer agrees that its properties in the Development may be specially assessed in the amount of said $283,674.00, with said special assessment payable over a three year period, provided however, that ifthe City enters into a contract for the construction of 70th Street NE, the Developer will pay $141,837.00 within 30 days of the City's request for payment and upon such payment, the City shall reduce the initial $283,674.00 special assessment by $141,837.00. Developer agrees to waive its right to appeal the special assessments authorized in this paragraph to the Wright County District Court pursuant to Minn. Stat. 429.081 on any grounds, including any statutory or constitutional grounds that otherwise may have been available to Developer. Developer agrees to waive any procedural irregularities in the special assessment proceedings. Mayor Peterson would not agree to the Special Assessment to be carried over five (5) years. He would support a Special Assessment over three (3) years. M:\Public DatalCity CouncillCouncil Minutes12005 MinutesIM 06-06-05 Pinal.doc City of Albertville City Council Minutes June 6, 2005 Page 13 of 23 MOTION BY Council member Vetsch, seconded by Council member Fay to approve the Hunter's Pass Estates - Final Plat - Developer's Agreement as amended. Motion carried unanimously. Downtown Parking Study Proposal City Planner Brixius reviewed the Downtown Parking Study Proposal that as in the case of most Historic Central Business Districts, Albertville's downtown businesses have been developed on very small lots along its main street. This development pattern is reliant on on-street parking to meet the business parking needs. As the community ages, the downtown businesses turn over, traffic patterns change and parking needs have become an issue for downtown business. City Planner Brixius stated the following work program outlines the steps necessary for this study: WORK PROGRAM Step 1 - Inventory In this step NAC will identify the following existing conditions related to property ownership and land use: a. Parcel ownership patterns b. Parcel size c. Current land use, business type and size of building d. Available vacant land e. Existing parking lots and parking stall count To conduct this inventory, NAC will be reliant on City GIS information, tax information, air photos and a field inspection of the downtown. Step 2 - Identifying Parking Demand Based on the inventory ofland use, building sizes and types of businesses, NAC will estimate parking demand using the City Parking Standards. The existing parking supply (both off-street and on-street) will be subtracted from the demand to illustrate any parking shortage that may exist. Step 3 - Identifying Potential Public Parking Lot Locations NAC will identify potential sites (undeveloped sites or redevelopment sites) that may offer locations for public parking lots that would address any parking shortages within the downtown study area. The following criteria will be used to evaluate the potential sites: a. Undeveloped land areas b. Parcel size and configuration to provide parking lots that meet City standards c. Proximity to businesses where parking shortages may exist d. Property ownership patterns M:IPublic Data\City CounciJ\Council Minutes\2005 Minutes\M 06-06-05 Final.doc City of Albertville City Council Minutes June 6, 2005 Page 14 of23 The intent of Step 3 is to identify potential parking sites that could benefit the existing businesses without being disruptive and offer sites that can provide attractive parking lot design. Conceptual parking lot plans will be provided for preferred public parking lot sites. Step 4 - Estimated Construction Costs NAC will forward the parking lot options to the City Engineer, requesting an estimate of parking lot construction cost. This cost may vary based on the size and number of lots that may be proposed. We will ask for an average cost per parking stall to allow the City to discuss the potential apportionment of costs to businesses that may benefit from the public lots. Step 5 - Planning Commission/City Council Workshop Presentation of the parking study at a joint workshop will be conducted to solicit input on the study and discuss various options for parking lot locations, design, and apportionment of costs. Step 6 - Presentation of Parking Options to Downtown Businesses A presentation of the parking study to the downtown businesses shall occur following the City workshop. This study shall be conducted to gain opinions on parking needs and to determine which parking sites and strategy for implementation may be most supported. Step 7 - Finalize Study Following the presentation ofthe study to downtown businesses, NAC will finalize the study and report back to the City Council with recommendations. The City Council will determine if it wishes to proceed with any downtown parking options. BUDGET Based on the aforementioned work program, we estimate that the time and materials to complete the work program will not exceed $3,960.00. We believe that we could undertake and complete the work program within 60 days of City authorization. This time frame will be dependent on City meeting availability. Council asked where the funds for this study would come from. City Administrator Kruse informed the Council the funds could come out of the General Fund and assess the cost back to the businesses to reimburse the General Fund. Otherwise the Council could approve the expenses to come out of the General Fund if you do not want to assess it back to the businesses. MOTION BY Mayor Peterson, seconded by Council member Vetsch to approve the Downtown Parking Study Proposal as presented with the cost coming out of the General Fund. Motion carried unanimously. Ordinance Amendment - Section 1000.7. Landscaping-Ground Cover Our staff has been directed to draft an amendment to Section 1000.7 ofthe Zoning M;IPublic DatalCity CouncillCouncil Minutes\2005 MinutesIM 06-06-05 Final.doc City of Albertville City Council Minutes June 6, 2005 Page 15 of23 Ordinance pertaining to required landscaping. Bob Moberg asked about seeding or even hydro seeding in the wetland area. City Planner Brixius stated that is why the City would require an "As Built" Certificate of Survey and PW Supervisor Guimont to inspect the area prior to refunding ofthe escrow. MOTION BY Council member Vetsch, seconded by Council member Berning to approve the Ordinance Amendment - Section 1000.7, Landscaping-Ground Cover as amended. Motion carried unanimously. ENGINEERING Hunter's Pass Estates - Mud Lake WM Crossing - Final Plans & Specifications City Engineer Kasma reported the plans and specifications for Hunter's Pass Estates - Mud Lake water main crossing project are included in the packet for your review for approval and allow to advertise for bids to construct. MOTION BY Council member Fay, seconded by Council member Klecker to approve the Hunter's Pass Estates - Mud Lake Water Main Crossing - Final Plans & Specifications as presented and advertise for bids. Motion carried unanimously. Hunter's Pass Estates - Lift Station - Final Plans & Specifications City Engineer Kasma reviewed the plans and specifications for the Hunter's Pass Estates - Lift Station have been completed. City Engineer Kasma looked for direction and approval from Council of the Plans and Specs and advertise for bids to begin construction on the lift station. MOTION BY Mayor Peterson, seconded by Council member Klecker to approve the Hunter's Pass Estates - Lift Station - Final Plans & Specifications as presented and to advertise for bids. Motion carried unanimously. Lachman Avenue NE Feasibilitv Report City Engineer Kasma reported that per the Council request, we have prepared a feasibility study for the Lachman Avenue NE extension. The following provides a summary of the information contained within the report and conclusions drawn from the information: 1. All improvements addressed within the report are feasible from a technical standpoint. In addition, the improvements are necessary to provide adequate transportation facilities and municipal services to the project area, and represent cost effective solutions for doing so. 2. The proposed project consists of constructing a bituminous street, watermain and storm sewer facilities from existing Lachman Avenue NE at 60th Street NE southerly to the north plat line of the proposed LaBeaux Station Plat. 3. The proposed extension will be across private property, platted as Barthel Commercial Park Second Addition, on which no right-of-way currently exists. There is an existing 60-foot wide utility easement running southerly from the intersection of 60th Street NE and Lachman Avenue NE to 57th Street NE centered on a 12-inch sanitary sewer line. M:\Public DatalCity CouncillCouncil Minutes\2005 MinutesIM 06-06-05 FinaJ.doc City of Albertville City Council Minutes June 6, 2005 Page 16 of23 4. The total estimated project costs are apportioned as follows: ITEM TOTAL PROJECT COST Street Construction $304,600 Storm Sewer $ 28,300 Watermain $ 48.000 Total Estimated Project Costs $380,900 City Engineer Kasma stated that as part of this report, the wetland that would be impacted by the extension of Lachman Avenue NE was delineated and surveyed. While this recent wetland delineation conforms closely with that done in 1997, there is now an area of fill immediately south of 60th Street NE, along the alignment of the proposed Lachman Avenue NE extension. The fill area extends south approximately 120-feet and is about 9 feet above natural grade at its high point. The wetland edge is approximately ISO-feet south of 60th Street NE and extends southerly onto the proposed LaBeaux Station plat. City Engineer Kasma proceed to report as a part of the required geotechnical data obtained for the proposed LaBeaux Station plat, an additional soil boring was taken midway between this north plat line and 60th Street NE within the wetland. The results of this soil boring indicated poor soils to a depth of 14 feet. The soils consultant is recommending sub-cutting through the wetland and backfilling with a minimum of 2.5 feet of sand over a geotextile fabric. City Engineer Kasma recommended that the City purchase wetland credits through the Minnesota Board of Water and Soil Resources, rather than purchasing upland for the required mitigation. The current purchase price of wetland credits through the BWSR is $4,930 per acre to Public Transportation Authorities. Council questioned how do we handle the costs for this street project? How do we fund the project? Staff reported the need for more research on how to fund or handle costs for the Lachman Avenue NE Street Improvements. It was questioned if there was any disturbance to the land when sanitary sewer was started and would the proj ect be considered grandfathered in or not. Staff would require more researching to find some aerial photos from Wright County. Deric Deuschle with S.E.H. had looked in this area within the past couple of years. There was some wetland disturbance, but not to add much to the pre-existing wetland condition. City Attorney Couri reported on the funding for the project. He was not sure whether 20% could be assessed. There is always the option to bond for the project. Council recommended staff update and research the area then report back at a future meeting. M:\Public DatalCity CouncillCouncil Minutes\2005 MinuteslM 06-06-05 Final.doc City of Albertville City Council Minutes June 6, 2005 Page 17 of23 52nd Street NE Feasibility Report Update City Engineer Kasma prepared a feasibility study for 52nd Street NE Improvements. The report and conclusions drawn from the information: 1. All improvements addressed within this report are feasible from a technical standpoint. In addition, the improvements are necessary to provide adequate transportation facilities and municipal services to the project area, and represent cost effective solutions for doing so. 2. The proposed project consists of constructing a bituminous street, sanitary sewer, watermain and storm sewer facilities on 52nd Street NE from approximately 500-feet east of Barthel Industrial Drive NE to Marlowe Avenue NE. 3. As of this writing, it is our understanding that no improvements are planned within the MacKenzie Avenue NE right-of-way, and that Lots 12 and 13, Block 2 will receive access and utility service from Lot 6 and Marlow Avenue NE respectively. As such, Lots 12 and 13 are not included in the cost apportionment discussed in this report. 4. Several possible funding sources are available for this project, including but not limited to, Chapter 429 Improvement Bonds, Revenue Bonds and Ad Valorem Taxes. 5. The cost apportionment method is based on the "Buildable" area per benefiting lot. 6. The total project costs are apportioned as follows: Sanitary Sewer Total Project Cost City of Albertville Non-City Lots Watermain Total Project Cost City of Albertville Non-City Lots Storm Sewer Total Project Cost City of Albertville Non-City Lots Street Construction Total Project Cost City of Albertville Non-City Lots Total Proiect Costs Total Project Cost City of Albertville Non-City Lots $ 97,108.20 $ 76,745.42 $ 24,362.78 $116,482.80 $ 92,057.33 $ 24,425.47 $144,471.60 $114,177.11 $ 30,294.49 $420,778.39 $332,544.68 $ 88,233.71 $778,840.99 $615,524.55 $163,316.44 Council questioned what is the proposed width of the street. M:IPublic DatalCity CouncillCouncil Minutes\2005 MinuteslM 06-06-05 Final.doc City of Albertville City Council Minutes June 6, 2005 Page 18 of23 The construction of 52nd Street NE would be of a 42-foot wide street, which would widen the existing gravel surface, resulting in potential wetland fill. City Administrator Kruse recommended Council have a workshop to discuss the construction of 52nd Street NE. That would allow staff more time to check with the current landowner to find out if they would be interested in connecting to municipal utilities. MacIver Avenue NE Street and Utility Proposal Tabled until June 20, 2005 Sewer Access Charges / Water Access Charges - Space Aliens Grill & Bar Pursuant to your request, we have computed the SAC and WAC charges for the above referenced building. It is our understanding that the City of Albertville follows the Metropolitan Council's Reserve Capacity Charge Manual in determining equivalent residential units (ERUs). Considering this, the SAC and WAC charges are computed as follows: Dining Room and Lounge Area: Number of Seats (1 seat / 15 sf): 3618 sf 241.2 seats Sewer Access Charge: 241.2 seats / 8 seats per ERU 30.15 ERU x $4600.00/ERU = 30.15 ERU = $138,690.00 Water Access Charge (Joint Powers Portion): 241.2 seats / 8 seats per ERU = 30.15 ERU 30.15 ERU x $1668.00 = $50,290.20 Water Access Charge (City Portion): 241.2 seats / 8 seats per ERU 30.15 ERU x $950.00 = 30.15 ERU = $28,642.50 Total WAC Charges: Total SAC and WAC Charges: = $ 78,932.70 = $217,622.70 Council would consider special assessment over a 3-year period, but the City cannot assess the Joint Powers Water Board portion of the Water Access Charges. Accept 2005 Street Overlay Bid City Engineer Kasma held a bid opening on May 26, 2005 for the 2005 Street Overlay Improvements. We received four (4) bids ranging from $94,713 to $118,462. I would recommend awarding the low bid to Universal Enterprises in the amount of$94,713. M:\Public Data\City COWlci1\Council Minutes\2005 Minutes\M 06-06-05 Fina1.doc City of Albertville City Council Minutes June 6, 2005 Page 19 of23 MOTION BY Council member Klecker, seconded by Council member Berning to award the 2005 Street Overlay Bid of $94,713 to Universal Enterprises of Mid-Minnesota, Inc. Motion carried unanimously. Accept 2005 Street Sealcoat Bid City Engineer Kasma held a bid opening on May 26,2005 for the 2005 Street Sealcoat Project. We received three (3) bids ranging from $14,414 to $24,833. I recommend awarding the low bid to Pearson Brothers, Inc. in the amount of $14,414.40. MOTION BY Council member Klecker, seconded by Council member Berning to award the 2005 Street Overlay Bid of$14,414.40 to Pearson Brothers, Inc. Motion carried unanimously. Albert Villas Wetland Mitigation Update from Deric Deuschle Deric Deuschle with S.E.H. reported that there has been some wetland mitigation improvements completed in the Albert Villas area but still requires a considerable amount more work. Staking has been done to some of the mitigation areas, which has prompted a number of homeowners to contact the City offices and be present at tonight's meeting. Mr. Dueschle stated it requires City Council approval to acquire the necessary easement and mitigations. Mr. Dueschle will be meeting with members of Wright County. Following the meeting he will report back to staff to put a resolution together for the next City Council meeting. These issues need to be resolved on or before June 29, 2005 to stay within the 120-day time frame. On Monday, June 6th Mr. Dueschle was inspecting the Albert Villas 4th and 6th, and reports that the buffer areas are not in place. Anyone who has lots in the 4th or 6th development, this will poise a sticking point as they may be loosing a considerable amount of land use. Mr. Dueschle wanted the Council to know this is an ongoing process. When Albert Villas was being developed the TEP Panel was focusing on Albert Villas 1 - 2 - and 3. Mr. Dueschle suggested a special session inviting the homeowners so they would better understand what is going on in their neighborhood. Mr. Dueschle reported as we go through to assess the buffer areas and notify the homeowners as an area is complete. Informing the owners of what area should or should not be affected. Mayor Peterson advised staff to get some kind of direct mailing to the residents going over the history of the development and what is currently happening and how it is proposed to be corrected or addressed. He wants to head off any wrong information, that it was not the City's fault, nor any staff members. We trusted a developer to follow through with the site, grading and construction as submitted. M:IPublic Data\City Council\Council Minutes\2005 Minutes\M 06-06-05 Final.doc City of Albertville City Council Minutes June 6, 2005 Page 20 of 23 LEGAL Parkside Commercial- Developer's Agreement City Attorney Couri reviewed the Parkside Second Commercial Developer's Agreement as presented in the packet. There was nothing too much out of the ordinary. The Developer will provide the City with an irrevocable Letter of Credit (or other surety as approved by the City Attorney) as security that the obligations of the Developer under this contract shall be performed. A fee for City administration of this project shall be paid prior to the City executing this Agreement. As well as the CIC (Common Interest Community) Agreements be submitted to the City Attorney for review. MOTION BY Council member Vetsch, seconded by Council member Berning to approve the Parkside Commercial Developer's Agreement as amended. Mayor Peterson, Council members Berning, Vetsch, and Klecker voted aye. Council member Fay opposed. Agreement to Reallocate Special Assessments - Resolution No. 2005-16 entitled A Resolution Redirecting Assessments (Welcome Furniture - Darkenwald) City Attorney Couri stated Welcome Furniture & Appliance, Inc. ("Welcome") and Darkenwald Real Estate, Ltd. ("Darkenwald") have requested that the City reallocate special assessments among properties owned by Welcome and Darkenwald. The City shall reallocate the special assessments in the amount of$71,078.44 among the properties and in the manner as requested by Welcome and Darkenwald. Lot 2, Block 1, Albertville Business Park Lot 3, Block 1, Albertville Business Park Lot 4, Block 1, Albertville Business Park PID 101-088-001020 PID 101-088-001030 PID 101-088-001040 $17,769.61 (25% of balance) $17,078.44 (25% of balance) $35,539.22 (50% of balance) MOTION BY Mayor Peterson, seconded by Council member Vetsch to approve Resolution No. 2005-16 entitled A Resolution Redirecting Assessments (Welcome Furniture-Darkenwald) as presented. Motion carried unanimously. Amendment to Towne Lakes 3rd Addition Developer's Agreement City Attorney Couri reported the Developer and the City have entered into an agreement titled City of Albertville Master Planned Unit Development Agreement Towne Lakes Third Addition ("Master Agreement"), dated October 3, 2003 and recorded in the office ofthe Wright County Recorder, Wright County, Minnesota, as document number 894487. Developer and City desire to amend the Master Agreement relating to the configuration of the preliminary plat of Towne Lakes Phase II and to provide for the construction and funding of a street to be built for the benefit of the development. City Attorney Couri brought to the Council's attention Paragraph 1, Subparagraph B and Exhibit B of the Master Agreement are hereby amended as follows: The preliminary plat of Towne Lakes Phase II attached as Exhibit B to the Master Agreement is hereby modified by the attached Exhibit R. It is the intent of the parties that M:\Public DatalCity CouncillCouncil Minutes\2005 MinutesIM 06-06-05 Final.doc City of Albertville City Council Minutes June 6, 2005 Page 21 of23 Exhibit B and Exhibit R are to be read together with Exhibit R superseding Exhibit B in those areas where the Exhibits are inconsistent. Those areas of Exhibit B not superceded by Exhibit R remain in full force and effect. The City acknowledges and agrees that the modification ofthe preliminary plat as set forth in Exhibit R results in a three-lot increase in the number of approved detached single-family lots. MOTION BY Council member Berning, seconded by Council member Klecker to approve the Amendment to Towne Lakes 3rd Addition Developer's Agreement as amended. Motion carried unanimously. Albertville Crossing 3rd Addition Developer's Agreement (Bank of Long Lake) City Attorney Couri reviewed the Developer's Agreement stating the Developer is the fee owner of the real property described in the attached Exhibit A, which real property is proposed to be subdivided and platted for development, and which subdivision, which is the subject ofthis Agreement, is intended to bear the name "Albertville Crossing 3rd Addition" and shall hereinafter be referred to in its entirety as "Said Plat" or "Subject Property". City Attorney Couri went on to report the City has given preliminary and final plat approval of Said Plat contingent upon compliance with certain City requirements including, but not limited to, matters set forth herein. The City requires that certain public improvements including, but not limited to trail(s), grading, sanitary sewer, municipal water, storm sewer (hereafter "Municipal Improvements") be installed to serve the Development and other properties affected by the development of Developer's land, to be installed and fmanced by Developer. MOTION BY Council member Berning, seconded by Council memb~r Klecker to approve the Albertville Crossings 3rd Addition Developer's Agreement (State Bank of Long Lake) as amended. Motion carried unanimously. FINANCE DEPARTMENT Written Report Total accounts receivable billed through May 31, 2005 since the City of Albertville has set up the billing/invoicing system software is $1,596,194.83. Ofthat amount, staffhas collected $965,389.71 as of May 31, 2005. The remaining amount collectable outstanding is $354,564.28. The percentage of the total due based on the aging report is as follows: 0-30 days outstanding 30-60 days outstanding 60-90 days outstanding Over 90 days outstanding $31,615.72 $ 8,829.77 $10,373.05 $303,799.85 9% 2% 3% 86% The main outstanding receivables that are overdue are Edina Development. Outstanding accounts more than 30 days out less Edina are $21,080.39 or 6%. M:IPublic Data\City Council\Council Minutes\2005 MinutesIM 06-06-05 Fina1.doc City of Albertville City Council Minutes June 6, 2005 Page 22 of 23 ADMINISTRATION Written Report Reported continuing to work with representatives of Direct TV regarding their interest in purchasing our Public Works Facility. City Administrator Kruse reported working with Mark Forbes on suggested City Hall changes from our last meeting. The consensus of the City Council was to proceed with the four office cubicles with isles flanking each side. Elimination ofthe janitorial and storage space on the west end ofthe building and shortening the vestibule/hallway on the northwest entrance. Staffwas directed to try to absorb the space being cut into the existing space. The Council postponed a decision to eliminate concrete planking on the expansion area and change to steel until cost differentials are known. Resolution No. 2005-18 entitled No Fault Sewer Back-up Insurance Tabled to the June 20, 2005 City Council meeting. Wright County Highway Dept - All-way Stop Request at Main Ave. NE & 57th Street NE Tabled to the June 20, 2005 City Council meeting. Update City Benchmark Maps The City Council discussed whether S.E.H. or BMI should complete the survey update and related mapping of Benchmarks at a cost of$1O,500. MOTION BY Mayor Peterson, seconded by Council member Vetsch to authorize S.E.H. to complete the Benchmark mapping at a cost not to exceed $10,500 and to amend the general fund engineering budget to reflect this added project. Motion carried unanimously. Pelican Lake Restoration Proiect City Administrator informed the Council he attended a meeting with the DNR, MPCA, Wright County SWCD, St. Michael, Ducks Unlimited and a host of other agencies to study options to drain or lower Pelican Lake. Another meeting of stakeholders is scheduled for June 8th from 10:00 a.m. to 2:00 p.m. at Timothy's Riverwood Conference Center. It appears the Mississippi option may be very expensive and from a constructability standpoint, the St. Michael! Albertville option may be the most viable option. Both St. Michael and Albertville expressed cautious optimism referencing the problems with the recent floods. They want an Albertville representative to be involved in the study and evaluation of the options. City Administrator Kruse will continue to attend and represent the City's interest through the study period. M:\Public DatalCity CouncillCouncil Minutes\2005 MinuteslM 06-06-05 Final.doc City of Albertville City Council Minutes June 6, 2005 Page 23 of 23 1-94 Funding Workshop. Wastewater Treatment Proiect Financing and City Hall Building Proiect Financing Workshop (suggest Mondav. June 13.2005. at 6:00 p.m.) Tabled a suggested June 13th date to review financing issues to June 13,2005. Council Comments: Mayor Peterson brought to staffs attention the land behind the Coffee Cubby is not being mowed. He was under the impression this matter was under control. He directed staff to contact the owners to address this issue. ADJOURNMENT MOTION BY Council member Berning, seconded by Council member Vetsch to adjourn at 11 :25 p.m. Motion carried unanimously. ~ Don Peterson, Mayor M:IPublic DatalCity Council\Council Minutes\2005 MinutesIM 06-06-05 Final.doc