2005-08-15 CC Minutes
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ALBERTVILLE CITY COUNCIL
August 15, 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 and on file in the office of the City Clerk. Motion carried unanimously.
Adding the following items:
8. 3. 6. Pelican Lake Presentation
8.3.7. Downtown Redevelopment Meeting Update
8.3.8. Correspondence regarding 13M Antennas
8.3.9. Website and Newsletter
8.3. 10. Sidewalk and Trails
MINUTES
MOTION BY Council member Vetsch, seconded by Council member Klecker to approve the
August 1, 2005 regular City Council minutes as presented and on file in the office of the City
Clerk. Motion carried unanimously.
CITIZEN FORUM
Dokor Dejvongsa, Attorney representing a builder who owns a couple oflots in Albert Villas 4th
Addition. She wanted to know when building permits would be released as the builder has a
loan which is building up expenses.
Mayor Peterson informed Ms. Dejvongsa this would be discussed later in the meeting under
Legal.
CONSENT AGENDA
MOTION BY Council member Fay, seconded by Council member Berning to approve the
consent agenda pulling item b. Motion carried unanimously.
a. Approve payment of claims check numbers 021745 to 021799
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b. Approve S.E.H.'s recommendation for Pay No. 11 (Final) for Public Works Facility
Design and Construction to Ebert Construction in the amount of $24,627.57
c. Approve S.E.H.'s recommendation for Pay No.1 for 2005 CSAH 37 Trail to Omann
Brothers, Inc. in the amount of $37,686.00
d. Approve S.E.H.'s recommendation for Pay No.3 for Wastewater Treatment Facility
Upgrade to Gridor Construction, Inc. in the amount of $413,049
e. Approve the S.E.H. Engineer's recommendation to reduce the Letter of Credit for Towne
Lake 5th Addition from $713,475 to no less than $569,000
f. Approve Bolton and Menk Inc.'s recommendation for Pay No.1 (Final) for 2005 Seal
Coat Improvements to Pearson Bros., Inc. in the amount of$14,414.40
g. Approve Bolton and Menk Inc.' s recommendation for Pay No. 1 for 2005 Street Overlay
Improvements to Universal Enterprises ofMid-MN, Inc. in the amount of$50,831.13
h. Approve Resolution No. 2005-29 entitled (A Resolution Approving a New Gambling
License for the Albertville Lions at 152 Club)
i. Approve Resolution No. 2005-30 entitled (A Resolution Approving a New Gambling
License for the Albertville Lions at Cedar Creek)
j. Approve Resolution No. 2005-31 entitled (A Resolution Approving a New Gambling
License for the Albertville Lions at Geez Sports Bar)
k. Approve Resolution No. 2005-32 entitled (A Resolution Approving a New Gambling
License for the Albertville Lions at Major's Grille and Bar)
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ACTION ON PULLED CONSENT ITEMS
City Administrator Kruse wanted to postpone item b. Approve S.E.H.'s recommendation for Pay
No. 11 (Final) for Public Works Facility Design and Construction to Ebert Construction in the
amount of $24,627.57 until a later Council meeting.
ST. MICHAEL SENIOR CENTER (Laural Kenney)
Laural Kenney brought to the Council's attention the Senior Center that would be located in St.
Michael and inquired if Albertville would be interested in participating in the Center. Ms.
Kenney and Ben Withhardt would be asking the City of Hanover if they would be interested in a
community Senior Center. Mr. Withhardt commented it would be a joint effort of the three
communities. Ms. Kenney and Mr. Withhardt have inquired around the Albertville area if there
was interest in a Senior Center. Following this introduction, what we would like to do next is
meet with the City Administrators from the three cities to inquire about funding the center. After
meeting with the City Administrators we would have a more formal presentation to the Council.
Mayor Peterson wanted to make sure that some of the activities would take place in Albertville
when the New City Hall is completed.
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Mr. Withhardt informed the Council they have nine Senior Centers within the metro area, which
are supported by joint communities. They would do their best to coordinate activities throughout
the facilities available. They would take into consideration the suggestion of transportation to
other facilities if available.
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Mayor Peterson stated it appears to be a consensus of the Council to proceed with a joint center
taking the suggestions into consideration.
DEPARTMENT BUSINESS
BUILDING DEPARTMENT UPDATE
Building Official Sutherland gave a brief update on the building progress activity for the month
of July. He brought to the Council's attention the permit report will not accurately reflect the
activity and the necessary work because we are still not releasing permits due to developer
Issues.
Building Official Sutherland went on to discuss looking to the future and brainstorming a few
items. He wanted the Council to consider a number of items to include Housing Maintenance,
Scattered Site Acquisition, Review of the existing Rental Ordinance, and Truth in Housing
Ordinance. He suggested a workshop to discuss possibly updating or initiating these into the
City:s progress.
ENGINEERING
Bolton and Menk Monthlv Reoort
City Engineer Kasma reviewed the progress report focusing on the Signal and Street
Improvements at intersection of Cty. Rd. 19 and Cty. Rd. 18 informing them the meeting begins
at 1 :00 p.m.
S.E.H. Proiect Status Uodate
City Administrator Kruse stated that included in your packet is the S.E.H. Project Update. If you
have any questions or concerns I will do my best to answer them.
Prairie Run/Heurine Gradine
City Administrator Kruse went on to report that in the scope of the Prairie Run Development, an
easement agreement, a temporary construction easement, and an agreement to complete some
additional grading is necessary on land owned by Mr. Robert Heuring. Mr. Heuring is
requesting the City pay him $3.00 per yard for approximately 300 yards of excavated material,
which will be assessed back 100% to benefited properties. Staff has explored options to
complete this work including installation of a retaining wall.
City Administrator Kruse concluded stating staff is looking for Council approval entering into an
agreement with Mr. Robert Heuring to secure a temporary easement and pay Mr. Heuring $3.00
per yard for fill, with 100% of the cost being assessed back to the project.
Council wanted staff to make sure the retaining wall is installed properly and secure.
MOTION BY Council member Berning, seconded by Council member Klecker to approve the
City enter into an agreement with Mr. Robert Heuring to secure a temporary easement and pay
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Mr. Heuring $3 per yard for fill, with 100% of the cost being assessed back to the project and as
on file in the office ofthe City Clerk. Motion carried unanimously.
City Administrator Kruse added that staff is also looking for Council approval on a change order
for Dennis F ehn Excavating and Construction to complete the Prairie Run grading on Mr. Robert
Heuring's property at a cost not to exceed $7,500 again with 100% of the cost being assessed
back to the project.
Council expressed concern on how this happened. The Engineer for the project should have
caught this prior to needing the agreement.
City Administrator Kruse explained it is a complicated project in which three engineers are
involved. Also, taking into consideration the project began as a private project then turned into a
public project.
MOTION BY Council member Berning, seconded by Council member Klecker to approve a
change order for Dennis Fehn Construction to complete the Prairie Run grading on Robert
Heuring's property at a cost not to exceed $7,500 with 100% of the cost being assessed back to
the project and as on file in the office of the City Clerk. Motion carried unanimously.
LEGAL
Karston Cove 3rd assi1!111llent ofDeveloner's Al!feement to Albertville Limited Partners. L.L.C.
City Attorney Couri briefly stated this assignment agreement for Karston Cove 3rd Addition is a
basic agreement. It basically states that the Assignor, Woodside Karston Cove, L.L.C. desires to
assign its rights, duties and obligations in the Developer's Agreement to Assignee, Albertville
Limited Partners, L.L.C. The assignment of the Developer's Agreement requires the consent and
approval of the Albertville City Council. City Attorney Couri concluded that the agreement is in
need of the address of Albertville Limited Partners, L.L.C.
MOTION BY Council member Vetsch, seconded by Council member Fay to approve the
Karston Cove 3rd Assignment of Development Agreement to Albertville Limited Partners, L.L.C.
and as on file in the office of the City Clerk. Motion carried unanimously.
Albert Villas Status Undate
City Attorney Couri began by stating that in the Albert Villas punch list there were nine items
that needed completion in order to release building permits. One of the items is a subordination,
which requires a signature by a person that is out of the state at this time. Therefore it is holding
up the completion.
City Attorney Couri went on to state that in Albert Villas 6th Addition the slated trail on Outlot A
was not delineated. There are three options to consider for construction of the trail.
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1. Build the trail as shown on the Final Plat. In which case the section of the trail would
always be under water.
2. Build up the area to bring the grading to be buildable. This would require digging down
about three feet, bringing in better soil, and then install the trail. Therefore the section of
the trail would not be under water.
3. Build a boardwalk over the wetland area at an estimated cost of $300,000. Over time the
wood would rot requiring it to be replaced. But the section of the trail would not be
under water.
Mayor Peterson recommended going with Option No.2. He asked the rest of the Council their
thoughts. It was the consensus of the Council to go with Option No.2. Council member Fay
brought up the suggestion of going five feet instead of three feet.
City Attorney Couri briefed the Council on Albert Villas 4th Addition. He stated Edina
Development has outstanding bills roughly in the amount of $93,000. The City is pursuing
collection of these invoices. There are no wetland litigation issues that the City Attorney is
aware of. Albert Villas 6th Addition is current on billings and issues are complete, therefore the
City Attorney feels building permits could be released. But, it is the Council decision whether to
release the permits or not.
It is the consensus of the Council to continue holding building permits until the outstanding bills
are paid.
ADMINISTRATION
Approve quote from Kuechle Underground to remove the concrete
bridge structure on Ditch 9 abutting Albert Villas Park at a cost not to
exceed $4.200 with funds cominl! from the Stormwater Utilitv Fund
City Administrator Kruse brought to the Council's attention that in Albert Villas 6th Addition
there is a large concrete bridge that goes across Cty. Ditch 9. It appears that the farmer probably
built the bridge to cross the ditch. If the bridge is left in place, it may become a nuisance with
neighborhood residents in the future. Staff is looking for Council approval to remove the
concrete bridge and restore the ditch at a cost not to exceed $4,200 as soon as possible.
MOTION BY Council member Berning, seconded by Mayor Peterson to approve the quote
from Kuechle Underground to remove the concrete bridge structure on Cty. Ditch 9 abutting
Albert Villas Park at a cost not to exceed $4,200 with funds coming from the Stormwater Utility
Fund and staff should seek payment for 100% of the cost from Edina Development as on file in
the office of the City Clerk. Motion carried unanimously.
Aoorove Ordinance No. 2005-06 entitled 2005 Albertville Municioal Citv Code Book
City Administrator Kruse pointed out that staff worked hard to look over the Ordinances and
brought a majority of them up to date. Sterling Codifiers did a great job preparing the Municipal
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City Code for the City's review. Once the code is adopted and legal notice is published, staff
would like to hold a training session on how to look items up in the new code. City
Administrator Kruse extended an invitation to the City Council to attend the training session.
MOTION BY Council member Vetsch, seconded by Council member Fay to approve Ordinance
No. 2005-06 entitled Adoption of the 2005 Albertville Municipal City Code Book as on file in
the office of the City Clerk. Motion carried unanimously.
1 -94 Phasinl! Plan
City Administrator Kruse explained to the Council enclosed in your packets you should find a
note from Jaimie Sloboden from S.E.H. regarding the 1-94 Phasing. Staff is looking from
direction from Council which option to pursue.
Council asked if there is a time line as to when the proposed construction will begin and when is
construction to be completed.
City Administrator Kruse stated that staff needs to find out which option the City you prefers
before we can discuss the time line. Once we have the preferred option we can then look at the
time line.
Mayor Peterson asked the Council which option each one preferred. It was the consensus of the
Council to proceed with the North / South design.
Council recommended holding a workshop to discuss more detail on the construction and how
traffic is proposed to flow throughout Albertville. Council wanted to make sure they understood
the flow should residents approach them inquiring about the layout and which way traffic will
flow.
Slidinl! Hill and Albertville Premium Outlet - Reauest for Council Action
City Administrator Kruse noted that Council has expressed an interest in the construction of a
sliding hill in Albertville. City Engineer Kasma stated is would require approximately 11,000 to
12,000 yards of material to construct a sliding hill in the rear portion of the City Park behind the
Albertville Fire Hall.
City Administrator Kruse went on to report the Albertville Premium Outlets has a significant
amount of dirt between Phase 1 of the Mall and Welcome Furniture, which could be used.
Another option to consider is Dennis Fehn Excavating and Construction will be doing the
grading on LaBeaux Station and will have an estimated 8,000 yards of excess fill along with
some additional fill from other jobs to complete the hill.
It was the consensus of the Council not to pursue the sliding hill construction at this time.
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Mayor Peterson along with other Council members expressed their concern regarding the safety
of the customers crossing CR 19 from Phase II of the Mall to Phase III.
City Attorney Couri recommended inviting one of the Regional Managers to attend an informal
meeting to discuss the issues and concerns the City Council has regarding the Albertville
Premium Outlets.
1-94 Fundine Award Ceremonv
City Administrator Kruse brought to the Council's attention an 1-94 Funding Award Ceremony
to be held on Friday, August 19th at 8:00 a.m. for the construction on 1-94. City Administrator
Kruse wanted to know if any of the Council members would be available to attend.
Pelican Lake
City Administrator Kruse informed the Council about a presentation to be made by Pelican Lake
Committee on September 20th at 6:00 p.m. in St. Michael. If any of the Council members wish
to attend they should contact the City.
Downtown Redevelooment meetine uodate
City Administrator Kruse touched briefly on the meeting held on Wednesday, August 10th with
some of the downtown business owners. There was a pretty good turnout and the business
owners shared their concerns and interests. We plan on holding an additional meeting in about a
month.
Corresoondence reeardine 13M Antennas located alone 1-94
City Administrator Kruse brought to the Council's attention the correspondence the City
received regarding the installation of antennas within the City of Albertville.
City Web site and Newsletter
Council member Berning expressed concern in regards to the City Website. It was brought to
staffs attention that the agendas should be put on the website in a more timely manner should a
resident want to attend a Council meeting so they could find out what is on the agenda.
Council member Berning wanted to know when the next Newsletter was coming out. The
Newsletter should be mailed out on a bi-monthly basis.
Staff will look into the Website to make sure the agendas and minutes are posted on the Website.
Staff reported the last Newsletter went out the end of May in time for Friendly City Days. The
next mailing was the Parks and Recreation Survey.
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Citv Sidewalks and Trails
Council member Klecker brought to staff s attention the condition of sidewalks throughout
Albertville. During construction the developer installs the sidewalks, then they build the houses
and drive over the sidewalks causing them to break and crack with the heavy equipment leaving
the sidewalk looking terrible. This should be monitored for repair or replace of the sidewalk.
Council member Berning brought up the 50th Street NE and CR 18 trail. It appears to be an
unacceptable trail. The way it winds around it becomes an eyesore for the City. These projects
need to be overseen.
ADJOURNMENT
MOTION BY Council member Vetsch, seconded by Council member Klecker to adjourn at
9:06 p.m. Motion carried unanimously.
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Don Peterson, Mayor
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