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2005-09-19 CC Minutes . ALBERTVILLE CITY COUNCIL September 19, 2005 Albertville City Hall 7:00 PM PRESENT: Mayor Don Peterson, Council members John Vetsch, Ron Klecker, LeRoy Berning, and Torn 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.f.4. Taco stand at Ace Hardware 8.f.5. Noise - Major's Bar & Grille 8.f.6. Emergency Preparedness MINUTES MOTION BY Council member Klecker, seconded by Council member Fay to approve the September 6, 2005 regular City Council minutes as presented and on file in the office of the City Clerk. Motion carried unanimously. CITIZEN FORUM Mayor Peterson asked if there was anyone present to address the Council regarding an issue that is not already on the agenda. Gerard Robeck of 5167 Main Avenue NE and Margaret Zehlke of 5201 Main Avenue NE brought to the Council's attention there is vacant property between their lots. They understand it is some type of an easement and would like to know what the process is to acquire the property. They have taken the time to maintain the property for now, but would like to make it part of their property. City Attorney Couri informed Mr. Robeck and Ms. Zehlke that the current owner for the piece of property is Mr. Doug Psyk. City Attorney Couri was not aware of what Mr. Psyk's intentions were for the piece of property. Mr. Couri went on to explain there may be some type of a wetland along the side and to the rear of the lots. What the City could do is contact Mr. Psyk notifying him that the abutting property owners are interested in acquiring the property. Ifhe is . interested in the proposal, it would require a Public Hearing and a fee to record the easement. M:\Public Data\City Council\Council Minutes\2005 Minutes\M 09-] 9-05 Final.doc . City of Albertville City Council Minutes September 19,2005 Page 2 of 10 CONSENT AGENDA MOTION BY Council member Fay, seconded by Council member Klecker to approve the consent agenda pulling check numbers 021901, 021887, 021904, and 021922. Motion carried unanimously. a. Approve payment of claims check numbers 021883 to 021938 b. Set Monday, December 5, 2005 at 6:30 p.m. for the 2005 Truth In Taxation Hearing; Reconvene, if necessary, on Monday, December 19, 2005 at 7:00 p.m. c. Accept a Donation of Gambling Funds from the Albertville Lions in the amount of $2,500 for Parks and Recreation d. Approve Application to MN Lawful Gambling Permit to Conduct Excluded Bingo at St. Albert's Catholic Church - XB-32114-05-00l for November 13, 2005 e. Approve 2006 Wright Recycling Contract f. Approve payment for Albertville Fire Relief - State Required Contribution for 2003 in the amount of $2,820 ACTION ON PULLED CONSENT ITEMS Council wanted clarification on where the aglime was going. . PW Supervisor Guimont stated the aglime was for the City Park. Every year they need to add more aglime to the area. MOTION BY Council member Klecker, seconded by Council member Vetsch to approve check number 021901. Motion carried unanimously. Council wanted more details on check numbers 021887, 021904 and 021922. Check number 021887 Fire Department members present stated there are free standing ladders on a majority of the fire trucks, which need to be tested. It was not on the actual ladder truck, but the 6- foot or higher ladders that are loaded on the fire trucks that required testing. Check number 021904 City Administrator Kruse stated that the reports are at City Hall and will be incorporated in the process when the applicant submits their request to the City for Preliminary Plat, Site and Building Plan review. Check number 021922 City Administrator Kruse informed the Council this is for the advertisement to request for Bids for the STMA Ice Arena. . MOTION BY Council member Berning, seconded by Council member Berning to approve check numbers 021887, 021904, and 021922. Motion carried unanimously. M:\PubIic Data\City CounciI\CounciI Minutes\2005 Minutes\M 09- I 9-05 Final.doc . City of Albertville City Council Minutes September 19,2005 Page 3 of 10 ALBERT VILLAS - UPDATE City Administrator Kruse reported that on Monday, September 12,2005 the City received 3.75 - 5.5 inches ofrain. There were larger amounts reported in the St. Michael and Buffalo areas. The area within Albertville that was the main problem was the Albert Villas residential development. There was some minor flooding on Barthel Industrial Drive NE. City staff, Public Works . Department, Wastewater Treatment Department, Fire Department and Building Department did an excellent job working creatively with people finding solutions and securing large pumps quickly. I would like to thank the Albertville residents, Boy Scouts and Wright County Reserves for their help, along with the assistance from St. Michael. City Administrator Kruse stated there is some things the City could improve on one being implementing the National Incident Management System (NIMS), which was recently adopted by the City. Other items would be putting together an organization chart of who's in command; identify those in command with safety vests or other means, have a central location on site, work on better ways of communication whether it be via Nextel phones or two-way radios, update the call list, and put together an on-call list of volunteers to name a few. . City Administrator Kruse concluded with the fact that the City should work with Wright County on implementation of the NIMS, engage the City Engineer to identify cost-effective solutions for additional flood storage and diversion of water throughout the Albert Villas neighborhood, development a comprehensive storm sewer map and city staff review the things learned with each incident, recall what worked and what didn't work, put into place the items that worked and improve on those areas. Mayor Peterson asked if there was anyone in the audience that had something to add to this. Randy Kurtz at 5136 Kahl Avenue NE was glad to hear the City is going to become more proactive regarding the Albert Villas area. The residents liked the quick response they received for help or assistance. The residents feel the City should go after the developer for the problems that appear to keep happening. City Attorney Couri reported that, to the best of the City Engineer's knowledge, when the developer carne before the City with this development the system that was designed for the area seemed to be able to handle the water flow. Whether or not what was presented to the City was actually installed or built to design the City cannot tell. Charles Larish at 5295 Kahl A venue NE suggested the possibility to remove some of the vegetation around the wetland area to allow for more water to flow to the wetlands or dig it out so it could hold more water. . City Engineer Kasma did not know if removing the vegetation would allow the wetland to hold any more water than its present capacity. We also need to take into consideration what the DNR would allow or not allow. M:\Public Data\City Council\Council Minutes\2005 Minutes\M 09-19-05 Final.doc . City of Albertville City Council Minutes September 19,2005 Page 4 of 10 Jill Salem at 5193 Kahl Avenue NE wanted to commend the City on the efforts and quick response regarding the recent to the situation. She brought to the Council and staff s attention with even a small amount of rain the pond rises. It is not the amount of rain, but the constant rainfall that causes the pond or water to rise. Council advised staff to continue to send notices to the Albert Villas residents to notify them of the status of the progress being made. PURCHASE of MIKE POTTER PROPERTY City Attorney Couri advised Council to have an environmental study completed prior to the purchase to have soil borings taken to check for any toxic waste that may be on the site. City Administrator Kruse suggested that the City Attorney could draw up a purchase agreement contingent on the results of the soil boring tests. MOTION BY Council member Fay, seconded by Council member Vetsch to authorize City staff to proceed with the purchase of the Potter Industrial property described as Lot 14, block 2 to Barthel Industrial Park for $120,000 contingent soil boring being made and the results do not indicate or require significant corrective work. Staffis further authorized at the City's expense to hire Braun Intertec to complete soil borings for evaluation by the City Engineer. If soil correction . is needed, staff is to bring it back for council direction. Motion carried unanimously. DEPARTMENT BUSINESS WASTEWATER DEPARTMENT UPDATE Status Dodate City Administrator Kruse reported things are moving along at the Wastewater Treatment Plant. Construction is continuing on the facility and preparation is being made for the expansion of the PW parking lot. BUILDING DEPARTMENT Monthlv Reoort Dodate City Administrator Kruse stated the Building Department is busy issuing permits and doing their best to keep up on inspections. . PLANNING DEPARTMENT Minnesota Lighting and Fireolace - Resolution No. 2005-36 City Planner Brixius informed the Council the background of the proposal for the approval for the revised screening and landscaping plan for Minnesota Lighting and Fireplace located on lot 3, block 1, Shoppes at Towne Lakes One. He stated that Minnesota Lighting and Fireplace was in violation of their approved site and building plan due to the placement ofthe HV AC equipment in the front yard setback. The applicant was directed to pursue approval of a revised M:\Public Data\City Council\Council Minutes\2005 Minutes\M 09-19-05 Final.doc . . . City of Albertville City Council Minutes September 19,2005 Page 5 of 10 landscape and screening plan to address this violation. City Planner Brixius thought staff could handle this administratively, but after seeing the plans and the numerous changes staff did not feel comfortable approving the changes. City Planner Brixius advised the applicant this would require Planning Commission and City Council approval for the changes to the site and building plan review. City Attorney Couri brought to the City Council's attention this would also require a revised Developer's Agreement to the PUD (Planned Unit Development) for the lot and block. Council had a concern with the side or front yard setback having the patio encroach on the drainage. Council did not approve of the patio to be placed outside in the setback area. MOTION BY Mayor Peterson, seconded by Council member Klecker to approve Resolution No. 2005-36 entitled (Minnesota Lighting and Fireplace) Revised Landscape and Screening of the HV AC equipment only, no patio shall be allowed on the site as amended and on file in the office of the City Clerk. Motion carried unanimously. Hunter's Pass - Final Plat - Resolution No. 2005-37 City Planner Brixius reported that Minnesota Development Agency LLC met with staff on August 30, 2005 to discuss the option of combining lots and shifting property lines. Upon review, staff recommended that any change to the plat occur prior to recording the current final plat. Staff informed the Council this would avoid the vacation of easements, provide clean lot descriptions, and avoid complicated dedication requirements. In review, the lot adjustments do not impact the street alignments, block configuration, or the engineering plans, and reduces the lot count. Staff pointed out that the adjusted lot lines expand the building pads to provide greater flexibility in house location and house size. This amendment must be approved by the City Council. Based on staff review, we recommend that the City Council approve the revised final plat with the following conditions: 1. The City Engineer's review and approval of all drainage and utility easements related to size and location. Block 6 must provide proper easements for the water main to be extended under Mud Lake. 2. The applicant provide a revised listing of building setbacks for the final plat outlining the PUD approved setbacks for each lot in this coved subdivision. 3. The developer enters into a development agreement that outlines all conditions and approval of the original final plat review. MOTION BY Council member Vetsch, seconded by Council member Berning to approve Resolution No. 2005-37 entitled (Hunter's Pass Final Plat - Findings of Fact) as on file in the office of the City Clerk. Motion carried unanimously. M:\Public Data\City Council\Council Minutes\2005 Minutes\M 09-19-05 Final.doc . City of Albertville City Council Minutes September 19,2005 Page 6 of 10 Citv Hall- Resolution No. 2005-38 - Rezonine: - CUP/PUD - Consolidation of Lots City Planner Brixius reported the City of Albertville has submitted an application for rezoning, conditional use permit (CUP), planned unit development (PUD), and consolidation of the numerous lots. Staff has reviewed the plans, which have been submitted by Bonestroo. The Planning Commission met and held a public hearing to consider the City Hall application. Upon the review of staff and the public testimony, the Planning Commission recommended that the City Council approve the conditional use permit-planned unit development application with the conditions outlined in the September 8,2005 planning report and the August 3, 2005 engineer's memo with additional conditions recommended by the Planning Commission. After the Council heard the public testimony regarding the City Hall application, they advised staffto hold off on the installation of the fence until construction has begun and a majority of the project has been completed, at which time staff or Council can address the issue again. City Engineer Kasma asked Jeff McDow, Architect for Bonestroo, which way the water would flow off the site. . Mr. informed the City Engineer a majority of the water would flow out onto Main Avenue NE as there is only a catch basin located on 60th Street NE and would not be able to handle the flow. The parking lot will be higher along 60th Street NE to direct the water towards Main Avenue NE. There is a storm sewer system in place along Main Avenue NE that would be better capable of handling the water flow. Council advised the City Engineer to review the site and building layout along with the grading of the lot to ensure the water run off will be properly dispersed. MOTION BY Council member Vetsch, seconded by Council member Fay to approve Resolution No. 2005-38 entitled (City Hall-Rezoning-CUP/PUD-Consolidation-Findings of Fact) contingent on the City Engineer's review of the site and building layout to meet the grading and drainage ofthe site, as amended and on file in the office of the City Clerk. Motion carried unanimously. ENGINEERING Bolton and Menk. Inc. Proiect Status Uodate City Engineer Kasma briefly reviewed the progress report asking if the Council had any questions or concerns. City Engineer Kasma asked the Council for additional time to study the intersection of 5ih Street NE and CR 19 to better understand what the options are to head off any possible traffic impacts the additional commercial development will add. . M:\PubIic Data\City Council\Council Minutes\2005 Minutes\M 09-19-05 Fina1.doc . . . City of Albertville City Council Minutes September 19, 2005 Page 7 of 10 Council asked if any staff members checked out the Otsego Creek area after the rain on September 13, 2005. Council reported the last meeting the Otsego Creek Authority was held about two (2) years ago. To the best of the Council's understanding it was Otsego's turn to host - hold the next meeting. Council shared with staff that it doesn't improve anything to have the Otsego Creek members to inspect the creek. It would be better to have city staff qualified to walk the creek to identify any concerns or improvements that could be made. Council is concerned, as they have heard Otsego has installed a number of culverts within the creek. Council advised staff to check and see if there are indeed culverts installed and if they are possibly blocking the drainage or water flow. City Administrator Kruse stated the City Engineer and himself would meet with Otsego staff to review the status of the Otsego Creek and asked when the next meeting will be held. LEGAL Preliminarv Assessment Roll for Prairie Run City Attorney Couri stated that at the last City Council meeting the Council approved to hold a public hearing to assess Prairie Run. To proceed with the Special Assessment hearing the City Council needs to set the Preliminary Assessment Role. City Attorney Couri has presented to the City Council Resolution No. 2005-41 entitled (Prairie Run Preliminary and Shoppes at Prairie Run Assessment Role). The noticed has been published in the North Crow River news, notices have been sent to each of the property owners to be assessed with an affidavit of mailing. MOTION BY Council member Berning, seconded by Council member Klecker to approve Resolution No. 2005-4 entitled (Prairie Run and Shoppes at Prairie Run Preliminary Assessment Roll). Motion carried unanimously. ODtion to Purchase Wright Countv Garage City Attorney Couri reported that the County is interesting in selling the Maintenance Facility/Truck Station located the comer of CSAH 18 and CR 19. The City is working with private parties in an effort to redevelop the Maintenance Facility to facilitate its redevelopment efforts. Council advised staffto have an environmental study completed prior to the purchase with the City absorbing the cost for the study. City Attorney Couri confirmed there is no need for a motion at this time. Staff is looking for input from the Council if this is the direction to go or not to pursue the purchase of the Maintenance Facility site. Council advised staff to proceed with the option to purchase the Wright County garage contingent on the outcome of the environmental study. ADMINISTRA nON Written ReDort M:\Public Data\City Council\Council Minutes\2005 Minutes\M 09-19-05 Final.doc . City of Albertville City Council Minutes September 19, 2005 Page 8 of 10 City Administrator Kruse stated he included in the packet a draft of an agenda for the Workshop to be held on Tuesday, September 20,2005. Citv Garages on Main A venue NE and 60th Street NE City Administrator Kruse reported that staff has been trying to get a hold of the purchases of the houses the City sold. Council directed staff to place ads in the paper stating the City has two garages for sale which the purchaser must arrange removal. Award Bid for STMA Ice Arena City Administrator Kruse stated we had a bid opening for the STMA Arena locker room project. The estimated cost for construction was $750,000. We received a low bid from KUE Construction, Inc. in the amount of $650,322. The City of St. Michael has committed to pay $250,000 towards the project. The Hockey Association has agreed to raise $100,000 towards the project, which would be expected to be paid prior to final project completion. The STMA Arena Board stated they will pay up to $100,000 towards the locker room addition, with $50,000 to be paid in March 2006. A payment schedule up to five (5) years will be determined to pay the note off without hurting their cash flow. . Council recommended $50,000 up front from the STMA Arena Board and $50,000 over the course of the next five (5) years. Staff suggested obtaining a written contract from each of the following: the City of St. Michael, STMA Ice Arena Board and the Hockey Association to ensure payment. MOTION BY Mayor Peterson, seconded by Council member Berning to award the Bid to KUE Construction, Inc. for construction of locker rooms at the STMA Ice Arena at a cost not to exceed $650,322. Motion carried unanimously. Taco Stand Council asked staff about the Taco stand located on DJ's property. Do we allow this within the City or not? Staff stated they would look into the matter and report back at a future meeting. Noise Problem Council wanted to know what the City could do regarding the noise corning from Major's Bar & Grille. Late in the evening or early in the morning you can hear the patrons revving up their engines or motorcycles. The residents across CR 19 were there prior to the establishment. . City Attorney Couri shared that the City really could not do anything about the one establishment. The Council would have to set the rules and guidelines for all of the establishments. The City has set the Public Hearing to discuss the liquor license fees for the M:\Public Data\City Counci1\Council Minutes\2005 Minutes\M 09-19-05 Fina1.doc . City of Albertville City Council Minutes September 19, 2005 Page 9 of 10 October 17, 2005 Council meeting. Notices have been mailed to all establishments; therefore, the Council could address the hours of operation and other noise problems to the establishments at such time. Council advised staff to research the surrounding communities who have adopted the 2:00 a.m. closing. Staff should find out if they have had any problems or concerns and to find out if they would consider retracting the 2:00 a.m. closing. Find out from the State of Minnesota if they are aware of any concerns with other areas throughout the state. RECESS INTO EDA MEETING Mayor Peterson recessed the regular City Council meeting at 10: 10 p.m. to go into an EDA meeting. City Administrator Kruse stated that according to Paul Donna, Vice President of Partner Northland Securities, the City of Albertville needs to adopt a resolution authorizing the issuance and sale of bonds to finance the City Hall Project. The projected cost for construction of the City Hall is estimated at $3,700,000. Council asked if there were reserves set aside for financial support for the construction of the City Hall. Council wanted to make sure that we are doing this and allocating the funds appropriately. Council would like to make some goals as to where the funds are going. Council . advised to do a Status Report Update on the funds. ADOPT RESOLUTION No. 2005-39 ENTITLED (2005B SERIES BONDS - CITY HALL) MOTION BY EDA member Klecker, seconded by EDA member Peterson to approve Resolution No. 2005-39 entitled (2005B Series Bonds - City Hall) authorizing the sale of Lease Revenue Bonds as on file in the office of the City Clerk. Motion carried unanimously. ADOPT RESOLUTION No. 2005-40 ENTITLED (2005B SERIES BONDS - WWTF EXPANSION) MOTION BY Mayor Peterson, seconded by council member Klecker to approve Resolution No. 2005-40 entitled (2005B Series Bonds - WWTF Expansion) authorizing the sale of Revenue Bonds as file in the office of the City Clerk. Motion carried unanimously. RECONVENE TO CITY COUNCIL MEETING Mayor Peterson reconvened to the regular City Council meeting at 10:25 p.m. Council set Monday, September 26, 2005 as a workshop to discuss City Hall and set Monday, October 10, 2005 at 6:30 p.m. as a goal setting workshop. . ADJOURNMENT M:\Public Data\City Council\Council Minutes\2005 Minutes\M 09-19-05 Final.doc E30L- -,-OF'J &. ~ E:: I'-J 1<, II'-JC. Consulting Engineers & Surveyors 2638 Shadow Lane, Suite 200 · Chaska, MN 55318 Phone (952) 448-8838 · FAX (952) 448-8805 MEMORANDUM Date: August 3, 2005 To: Mark Forbes, AlA, Project Architect BRAA From: Mark D, Kasma, P.E., AlbertviDe City Engineer Bolton & Menk, Inc. Cc: Larry Kruse, City Administrator AI Brixius, City Planner, NAC Subject: Proposed AlbertviDe City HaD BM! Project No. T15.21724 We have reviewed the site plan (grading, drainage and utility) prepared by BRAA and dated July 27, 2005. The following are our comments: 1. Additional spot elevations are needed on the plan set to complete a thorough site drainage review. Drainage parameters should utilize a minimum grade on bituminous of 1% with 1.5% being preferred. The site is relatively flat and therefore we understand that 1 % may be needed in some areas. In regard to drainage in green space areas, a 2% minimum grade shall be utilized. 2. If the northwest comer of the parking lot is to remain a high point, the City might be able to hold off on any improvements along the south side of 60th Street. If erosion along the grass boulevard (north of existing City Hall) becomes an issue, storm sewer and/or concrete curb and gutter can be extended at a future date from the southwest quadrant of 60th Street and Main Avenue. 3. The island located within the turn around and drop-off area may present snowplowing difficulties. I recommend alternatives to the island or the design of the island be proposed and discussed with Public Works. 4. Grading is shown on the railroad right-of-way. A work within the right-of-way permit will be required from the railroad for this work. A 2% grade for the outlet should be utilized. 5. I would like a detail on how the overland drainage will drain beneath the sidewalk located along the south end of the turn around. 6. A maximum grade of2% should be utilized in the handicap parking areas. Top of concrete curb and sidewalk should match bituminous elevation. MANKATO. MN . FAIRMONT. MN . SLEEPY EYE, MN . BURNSVtLLE. MN . WILLMAR. MN . CHASKA. MN MN . AMES. IA An Equal Opporlunity Employer 7. A permit from the Wright County Highway Department will be required for the sanitary sewer and watermain service extensions. A 6"xI2" PVC saddle shall be utilized for the sanitary sewer extension. A 6"x6" wet tap will be required for the water serviced. 8. Gutter out for the concrete curb shall be identified on the plan set. 9. Concrete curb and gutter shall be B618 style. 10. Although not shown on the plan set, numerous Scotch Pines, Norway Pines and Dogwood bushes exist along the west side of the property line. These trees and plants should be located and protected on the plan set. 11. Surmountable concrete curb and gutter should be considered in the turnaround area. 12. The existing parking lot (bituminous and aggregate) should be reclaimed for use within the proposed parking lot, if cost effective. 13. I suggest that the sidewalk directly adjacent to City Hall be considered for an upgraded sidewalk. Options for coloring, stamping, tooling, etc. should be presented to the City Administrator, Larry Kruse. 14. Numerous spot elevations need to be added to the plan set prior to City approval. Based on our conversations with Jeff McDowell from your office, these elevations will be identified during Construction Drawings (CD's). 15. The "final" first floor elevation shall be placed 2.0 feet above the 100-year flood elevation or 2.0 feet above the emergency overflow elevation, whichever is greater. This applies to the rain garden in the southwest corner of the site. It should be the goal of BRAA to direct the majority of the overland flow to CSAH 18. This should minimize any flooding conditions onsite. Please call me at (612) 817-2446 if you have any questions.