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2005-10-03 CC Minutes . . . t\!~~!!'!~H~ ALBERTVILLE CITY COUNCIL October 3,2005 Albertville City Hall 7:00 PM PRESENT: Acting Mayor LeRoy Berning, Council members John Vetsch, Ron Klecker, and Tom Fay, City Attorney Mike Couri, City Planner Al Brixius, City Engineer Mark Kasma, City Administrator Larry Kruse, and City Clerk Bridget Miller ABSENT: Mayor Don Peterson Acting Mayor Berning 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 Vetsch, seconded by Council member Klecker to approve the agenda as amended and on file in the office ofthe City Clerk. Motion carried unanimously. Adding the following items: 8. d. 4. 1-94 and CSAH 19 Street Light 8. e. 3. Space Alien - amendment to the Developer's Agreement 8. f. 4. Administrator's Written Report 8. f. 5. Trampolines in Albertville 8. f. 6. Albertville Premium Outlets and Customer Jay-walking 8. f. 7. Bid Notices in the Crow River News MINUTES MOTION BY Council member Klecker, seconded by Council member Fay to approve the September 19,2005 regular City Council minutes as amended and on file in the office of the City Clerk. Motion carried unanimously. MOTION BY Council member Klecker, seconded by Council member Fay to approve the September 20, 2005 City Council Workshop minutes as amended and on file in the office of the City Clerk. Motion carried unanimously. MOTION BY Council member Fay, seconded by Council member Klecker to approve the September 26, 2005 City Council Workshop minutes as amended and on file in the office of the City Clerk. Motion carried unanimously. CITIZEN FORUM Acting Mayor Berning asked if there was anyone present to address the Council regarding an issue that is not already on the agenda. M:\Public Data\City Council\Council Minutes\2005 Minutes\M 10-03-05 Final.doc City of Albertville City Council Minutes October 3, 2005 . Page 2 of12 Dale Mason of 10109 Karston Cove NE, addressed the Council with a utility shed and fence issue. Mr. Mason informed the Council that Mr. Kikos of 10134 Karston Avenue NE has been notified in regards to the location of his utility shed and fence. The utility shed in question is located on Block 2, Karston Cove 1 st Addition, which is owned by Karston Cove Homeowners Association. Mr. Mason contacted the City offices to confirm the location ofthe utility shed and fence. The City confirmed the placement of the utility shed and fence are located on a drainage and utility easement. The City does not allow utility sheds in drainage and utility easements. Mr. Mason asked the Council for assistance to remove the items off of the Karston Cove Homeowners property. Council directed City Attorney Couri to write a letter to Mr. Kikos stating he is in violation of the Municipal City Code. He must bring the utility shed and fence into compliance plus pay an Administrative Fine of $200/day of violation. The City will allow the resident a number of days to comply prior to the fine to begin applying. Acting Mayor Berning asked if there was anyone else present to address the Council regarding an issue that is not already on the agenda. . School Board member Doug Birk informed the Council the School has a Bond Referendum coming up on the ballot in November. The second item he brought to the Council's attention he is trying to initiate a Ward System. There has not been much representation from the Albertville residents to serve on the STMA School Board. The School Board will be forming a committee to coordinate the proper procedures to put one together. It would most likely require a vote by the residents if they would like to see a ward system to be put into place. CONSENT AGENDA MOTION BY Council member Vetsch, seconded by Council member Fay to approve the consent agenda pulling check numbers 021947, 021953, and 021973 and pulling item c. Motion carried unanimously. a. Approve payment of claims check numbers 021941 to 021983 b. Approve the S.E.H. Engineer's recommendation to reduce the Letter of Credit for Cedar Creek 5th Addition c. Approve SEH's recommendation for Application for Payment No.2 for 2005 CSAH 37 Trail to Omann Brothers, Inc. in the amount of$88,191.37 d. Approve SEH's recommendation for Application for Payment No.6 for 2004 Prairie Run to Dennis Fehn Gravel & Excavating, Inc. in the amount of $64,422.66 ACTION ON PULLED CONSENT ITEMS Council had a general question what the Charter Communication charge for the Fire Hall was for. . Finance Director Lannes explained it was a business Internet service line, which is a different amount than residential. M:\Public Data\City Council\Council Minutes\2005 Minutes\M 10-03-05 Final.doc . . . City of Albertville City Council Minutes October 3, 2005 Page 3 of 12 MOTION BY Council member Klecker, seconded by Council member Vetsch to approve check number 021947. Motion carried unanimously. Council asked why staff is purchasing fuel at two establishments within Albertville. Would they consider spreading the purchase throughout all of the vendors? Staff had no answer other than those are the two establishments staff had been purchasing fuel. MOTION BY Council member Klecker, seconded by Council member Fay to approve check numbers 021953 and 021973. Motion carried unanimously. Council asked the status of the trail and if the issues are being corrected. In some areas along the trail it appears to be under water. S.E.H. Engineer Moberg explained the first wear coarse is down. We are waiting for the weather to cooperate to lay the second wear coarse. MOTION BY Acting Mayor Berning, seconded by Council member Klecker to approve Item c. Motion carried unanimously. PUBLIC HEARING NOTICE Approve Resolution No. 2005-42 entitled (Setting the Prairie Run Special Assessment) Acting Mayor Berning opened the public hearing at 7:18 p.m. City Attorney Couri briefly reviewed the process requirements with City Council and staff in regards to setting the Assessment Roll. Mr. Couri stated that should anyone want to appeal the assessment they would have to do so in writing and present it to the City Council this evening. City Attorney Couri turned the podium over to S.E.H. Engineer Robert Moberg. Mr. Moberg explained the first category of the 2004 Prairie Run Project Cost Summary has to deal with the actual construction of the project. The second category of the 2004 Prairie Run Project Cost Summary has to deal with the Lift Station, which will service the area. The third category of the 2004 Prairie Run Project Cost Summary has to deal with the trunk funds, which again service the area. Mr. Moberg went on to state that at the Council meeting when the original date the hearing was set there was a center island median included in the cost. Gold Key Development has been in contact stating they would construct the center island median themselves; therefore removing the line item from the assessment roll. M:\Public Data\City Council\Council Minutes\2005 Minutes\M 10-03-05 Final.doc . . . City of Albertville City Council Minutes October 3,2005 Page 4 of 12 Gold Key Development representative Dean Johnson informed Mr. Moberg that he had contacted the utility companies to get them installed in the development (Xcel Energy, CenterPoint Energy, cable, phone, etc.). Mr. Moberg reported that above and beyond the installation of the utilities the developer was asked to prepare the intersection of Kyler Avenue NE and 51 st Street NE for the possibility of a future traffic light. Acting Mayor Berning asked if there was anyone in the audience that was present regarding the Prairie Run Assessment Roll public hearing. Dan Dearsdorf approached the podium to speak on behalf of Gold Key Development. Mr. DearsdorPs first comment for the Council and staffwas in regards to the $1,360,674 amount on page 2 of the 2004 Prairie Run - Revised Project Cost Summary presented by Mr. Moberg? Mr. Dearsdorfwanted to know if this number was calculated from the Developer's Agreement. Mr. Dearsdorf explained that the correspondence from S.E.H. to Gold Key Development with the construction cost amounts over the course of the construction of the project varied from the January 2005 notice to a more recent notice dated September 2005. Council asked if street lighting has been installed throughout the development. Mr. Moberg confirmed the street lighting had been installed and paid in full by Gold Key Development; therefore a credit could be applied towards Gold Key Development's amount owed. Mr. DearsdorPs second concern was the 3% Administrative Fee. There is no notation in the Developer's Agreement for this fee. The 3% Administrative Fee should be removed from the Project Cost. Mr. Dearsdorfhad a question with the figures relating to the amount for the earthwork. Mr. Moberg shared with Mr. Dearsdorf and Council what they are commenting on is the fact that the earthwork was completed. Even though the earthwork construction may have been completed at that point the payment for the work had not been billed and processed. Mr. Moberg stated that because there were more areas of poor soil on site it required additional earthwork to correct the buildable pads and or future parking lot sites. He went on to explain the cul-de-sac required additional grading. If the proposed site were constructed according to the proposed plan the road would have been higher that the buildable house pads. There would have been no place for the water to drain if it was not corrected. Council replied to the credit that should be applied towards Gold Key Development. Council advised Gold Key Development to provide the city with written proof of payment to Xcel for the installation of the streetlights, at which time Council would review and consider reimbursement. M:\Public Data\City Council\Council Minutes\2005 Minutes\M 10-03-05 Final.doc City of Albertville City Council Minutes October 3, 2005 . Page 5 of12 City Attorney Couri brought to the Council's attention the 3% Administrative Fee was not noted in the Developer's Agreement, but made Gold Key Development aware of the fee to be collected; therefore the applicant knew of these charges prior to the Assessment Roll. Acting Mayor Berning closed the public hearing at 8:09 p.m. MOTION BY Council member Vetsch, seconded by Council member Fay to table the Public Hearing Setting the Prairie Run Special Assessment Roll at the October 17,2005 City Council meeting allowing staff the ability to re-calculate the adjustments noted at tonight's meeting. Motion carried unanimously. . DEPARTMENT BUSINESS PUBLIC WORKS WRITTEN REpORT City Administrator Kruse briefly reported on behalf of the PW Supervisor Guimont's. Mr. Kruse noted that there are a number of driveways along Main Avenue NE and 50th Street NE in Albertville that still have gravel driveways. The gravel driveways have poised more of a problem over recent years with the gravel spilling onto the streets and roadways. One suggestion would be to have the owner's obtain quotes to install an asphalt or concrete driveway. Another suggestion is to invite the property owner's to attend a Council meeting to discuss the driveway Issue. Staff is looking for direction from the Council on how to move forward with the driveway concern. Council directed staff to begin with a letter to the property owner's stating it has been brought to the City attention regarding the driveway gravel spilling onto the streets and roadways. Metrooolitan Undenlround City Administrator Kruse informed the Council there is a section along 5ih Street NE just east of Main Avenue NE in which the storm sewer and catch basins are in need repair. Staff is looking for Council approval to Metropolitan Underground to repair and replace the storm sewer and catch basins along 5ih Street NE just east of Main Avenue NE at a cost not to exceed $6,958.09. MOTION BY Council member Klecker, seconded by Council member Fay to approve Metropolitan Underground to repair and replace the storm sewer and catch basins along 5ih Street NE - east of Main Avenue NE at a cost not to exceed $6,958.09. Motion carried unanimously. . FINANCE DEPARTMENT Utilitv Billim! Uodate Finance Director Lannes stated in the past the City of Albertville just certified delinquent water bills to the property taxes instead of being proactive in collecting them. In order to be more M:\Public Data\City Council\Council Minutes\2005 Minutes\M 10-03-05 Final.doc . City of Albertville City Council Minutes October 3, 2005 Page 6 of 12 proactive the City has been enforcing the ordinance that states the service can be disconnected for non-payment. Staff sent out 163 disconnect notices of this amount door tags were place on 68 homes. As of September 27, 2005 the City was down to 34 accounts, which have either paid or have arranged a payment plan leaving a balance of $1 0,800 outstanding. Accounts Receivable Uodate Finance Director Lannes reported on the status of the Accounts Receivable informing the Council since the fall of2004 the City has billed or invoiced $1,939,833.98. Of this amount the City has collected $1,447,573.02 as of September 26,2005. The main portion outstanding is overdue from Edina Development. 3rd Ouarter BudlZet Uodate Finance Director Lannes asked if the Council had any questions or concerns with the Budget Update on pages 43 to 44 of the Council packet. Council was under the impression there would be a Project Status Update done on a Quarterly basis. Otherwise Council was pleased with the reports and progress being done. Finance Director Lannes did not have a problem with updating the report and include it in the next Council packet. . PLANNING DEPARTMENT Shoooes at Towne Lakes Phase II - General Conceot Plan City Planner Brixius stated that Granite City Real Estate, LLC has submitted an application for General Concept Plan for the development of Shoppes at Towne Lakes Phase II. The development plan proposes five buildings with a mist of restaurants, commercial, and retail space. City Planner Brixius reported that the plan will be processed as a Planned Unit Development (PUD) with a base zone of B-2 A. The proposed plan includes five lots and one outlot. During Phase I, the City sought that in exchange for the bank located in the northwestern portion of the site, the plans for Phase II would require two restaurants. Reviewing of the concept plan it was noted that many of the lots within the site area are irregularly shapes. As a condition of approval, the applicant will be required to plat the lots to meet the lot requirements of the Municipal City Code as irregularly shaped lots will be prohibited. . City Planner Brixius noted that Lot B, located in the northeastern portion of the site, would house the restaurants. The building's location will take advantage ofCSAH 19 exposure. A drive- through is proposed in the northern portion of the site. Access to the restaurant will occur via the private drive. Lot D - an 8,000 square foot restaurant and retail building is proposed. The M:\Public Data\City Council\Council Minutes\2005 Minutes\M 10-03-05 Final.doc City of Albertville City Council Minutes October 3, 2005 . Page 7 of12 building should be set back a minimum of 20 feet off the private drive to ensure a uniform setback within the site area. The applicant has identified a pedestrian and truck circulation plan. The overall traffic circulation plan is catered to an automobile development. While the pedestrian plan is acceptable as a means of moving people within individual lots, the overall lot layout isolates adjoining buildings and discourages pedestrian movement between buildings without first crossing parking lots or streets. There are no specific building plans proposed as part of the concept plan. The City discussed, with the applicant, the need for higher degrees of brick and stone during Phase I. The buildings of Phase II should be ofthe highest quality, using a combination of stone and brick throughout each building. As part of the concept all air condition units and mechanical equipment shall be stored on the roof of all buildings and must be properly screened. Ifhipped or cross-hipped roofs area proposed, the applicant will be required to identify the heating and air conditioning units within the site. . Dan Temple, representing Granite City Real Estate has been working with staff and has had no considerable issues dealing with the requirements to comply with the Municipal City Code and regulations. The applicant has address the parking stall issue adding additional stalls throughout the site. The one area of concern is the convenience restaurant allowing enough room for the drive-through. City Planner Brixius asked if the Council would take into consideration and allow to screen off the drive-through to meet the setback requirements. The abutting property to the north of the site is zoned commercial; therefore staff felt it would be acceptable. The applicant has recently presented to City Planner Brixius the exterior materials for Th buildings. The applicant has asked the Council for flexibility on the materials should a tenant come forward asking for a unique look. Council would like the exterior appearance of the building to carry around the entire building. If you are driving along CSAH 19 it should look similar to that as if you were driving within the shopping center. Council suggested that the buildings should look similar to those in the Albertville Premium Outlets Phase III. The applicant should take into consideration dressing them up and agree with staff the need for higher degree of brick and stone implemented in the materials to be used for the exterior finish of the buildings. There was no motion made whether the Council accepted the General Concept Plan or not. . M:\Public Data\City Council\Council Minutes\2005 Minutes\M 10-03-05 Final.doc City of Albertville City Council Minutes October 3, 2005 . Page 8 of12 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. Flood Studv Analvsis Prooosal City Engineer Kasma was please to present the proposal to provide professional engineering services for the study of the recent flooding that has occurred within the County Ditch 0 Watershed. Mr. Kasma reported that the project scope of work has been separated into six (6) tasks. The first task would be to meet with City staff to discuss data collection and surveying needs, preliminary design considerations, staff input on storm damage and strategies for public involvement. The second task will be to gather all existing model information available, collect field survey data of critical low floor elevations, culvert inverts, road low point cross-sections, County Ditch 9 cross-sections, and verify wetland contours and normal pond elevations and review with City staff. Third task would consist of hydraulic modeling. Fourth task is to formulate probable costs of alternatives. Fifth task entails meeting with City staff to discuss recommended alternatives. Sixth task is to prepare storm water study report to present to Council. The proposed study shall not exceed a cost of$53,150. . Council encouraged staff to get information from the City of St. Michael and find out what they are proposing on the property that abuts the Albert Villas. Council understands that St. Michael has flooding and erosion control issues as well; therefore Council wants to work together with St. Michael to resolve these issues. Comorehensive Storm Sewer Mao City Engineer Kasma reported he did not include the Comprehensive Storm Sewer map because he was focusing on the Flood Study Analysis. MOTION BY Council member Vetsch, seconded by Council member Klecker to approve Bolton and Menk, Inc. to proceed with the Comprehensive Storm Sewer Map. Motion carried unanimously. LEGAL Set the Public HearinlZ for Hunter's Pass Estates Assessment City Attorney Couri stated this is similar to the Prairie Run Assessment. The developer is aware of the assessment. Staff is looking for Council to approval Resolution No. 2005-43 entitled Setting the Public Hearing for Hunter's Pass Estates Assessment and setting November 7, 2005 as the date for the hearing. . MOTION BY Council member Vetsch, seconded by Council member Klecker to approve Resolution No. 2005-43 entitled Setting the Public Hearing for Hunter's Pass Estates Assessment and setting Monday, November 7, 2005 as the date for the hearing. Motion carried unanimously. M:\Public Data\City Council\Council Minutes\2005 Minutes\M 10-03-05 Final.doc City of Albertville City Council Minutes October 3, 2005 . Page 9 of12 Purchase of Suiumibo. LLC (Potter) Prooertv City Attorney Couri brought to the Council attention the Soil Testing Addendum that was included in the Council packet. This is the addendum to conduct the soil testing for the property located on 52nd Street NE in the Barthel Industrial development. It will give the City the right to enter the property for purposes of conducting the soil tests. It states that if the soil test results demonstrate that the soils are not suitable for building and parking lot construction without significant soil corrections, the Buyer may cancel this Purchase Agreement and Seller shall refund all of Buyer's earnest money. MOTION BY Council member Vetsch, seconded by Acting Mayor Berning to approve the Soil Testing Addendum of Sujumibo, LLC Property located at on 52nd Street NE in the Barthel Industrial Development. Motion carried unanimously. Soace Aliens City Attorney Couri reported the Developer's Agreement for Space Aliens has been amended noting the signage for the site and the 3% Administrative Fee is added. The applicant will apply at a later date with the signage for Space Aliens. Mr. Couri informed the Council that the final plat map refers to the site as "Field Plaza" instead of Space Aliens. Staff is looking for Council approval for the amendment to the Developer's Agreement . MOTION BY Council member Fay, seconded by Council member Vetsch to approve the amendment to the Space Alien's Developer's Agreement removing the portion regarding the signage, which will be brought before the Council at a later date and adding the notation of the 3% Administrative Fee. Motion carried unanimously. ADMINISTRATION Aoorove Resolution No. 2005-44 entitled (AoorovinlZ Plans and Soecs for Citv Hall and AuthorizinlZ to Advertise for Bids City Administrator Kruse stated that the Plans and Specs for the City Hall have been revised. The few areas that were changed are the kitchen and storage area. The other section of City Hall Mr. Kruse noted was the placement of the podium, projection screens, cameras, and Council desk, whether to design for a monitor or not. MOTION BY Council member Fay, seconded by Council member Klecker to approve the Resolution No. 2005-44 entitle (Approving Plans and Specs for City Hall and Authorizing to Advertise for Bids. Motion carried unanimously. . Aoorove Phase Three (3) of Tinklenbenz Grouo Lobbv Prooosal Mr. Krom, The Tinklenberg Group updated the Council by reporting the Appropriation Bill will not be seen until possibly November due to the Katrina Relief Funding has been taken care of first. Mr. Krom went on to report over the next five (5) years MnDOT would be funding M:\Public Data\City Council\Council Minutes\2005 Minutes\M 10-03-05 Final.doc . City of Albertville City Council Minutes October 3, 2005 Page 10 of 12 projects, which are ready to go now. As other projects are ready for the construction phase those funds will be released to the appropriate areas. Mr. Krom stated the Tinklenberg Group will continue to monitor information from MNDOT and develop the plan to access the funding during the remainder of2005. In addition to tracking funding issues, the Tinklenberg Group will assist the City in communications with elected officials related to the status of the project. Mr. Krom would also communicate a summary of project activities, the staging plan approved by the City Council, concurrence with the staging approach are among the issues that will be part of an update we will prepare for state and federal elected officials. We would have materials available to include on the City's web site, Newsletter or any other City wide for of communication. The Tinklenberg Group will coordinate with the City and staff to plan a dialogue with local business interests, developers and neighboring communities related to the project. In summary, Mr. Krom asked for direction from the Council to proceed to Phase 3 of the agreement contract. MOTION BY Council member Klecker, seconded by Council member Fay to approve the Phase Three (3) of Tinklenberg Group Lobby Proposal. Council members Berning, Fay, and Klecker voted aye. Council member Vetsch voted nay. Motion carried. . City Administrator Kruse informed the Council there is a possibility a property owner may be approaching the Council in the next month or so with a proposal to purchase a key piece of land to assist with the construction of the 1-94 project. Kue Contractors Inc. - 2005 Ice Arena Soil TestinlZ City Administrator Kruse reported the soil testing has been completed for the 2005 Ice Arena Addition. The engineer recommended taking out bad soils and import granular material for the correction. MOTION BY Council member Klecker, seconded by Council member Vetsch to approve the Soil Testing on the 2005 Ice Arena Addition with the engineer's recommendation to remove the existing soils and import granular material for correction. Motion carried unanimously. Tramoolines in Albertville Council brought to stafP s attention a concern regarding trampolines in residential neighborhoods. Is there anything the City could do to regulate? After the September 21 st storm there were a number of trampolines tossed around. There is the possibility a trampoline could blow across the backyard and hit another neighbor's house and break a window or do other damage. . Staff would research what other communities are doing to control the big trampolines. M:\Public Data\City Council\Council Minutes\2005 Minutes\M 10-03-05 Final.doc City of Albertville City Council Minutes October 3,2005 . Page 11 of12 Albertville Premium Outlets and Customer Jav-walkinQ Council brought to staffs attention the jay-walking situation at the Albertville Premium Outlets. It is happening more and more lately. Council wants to prevent a possible accident from happening. City Administrator Kruse informed the Council that the owner's of the Albertville Premium Outlets would like to meet with the Council to address these issues regarding the site. The owner's would like to address and compromise with the City on a number of issues and concerns to bring some kind of closure to the problems. Staff will prepare and present a proposal at the October 17, 2005 City Council meeting. Bid Notices in the Crow River News Council noticed the City advertised bids in the local paper. Council did not understand why the bids were placed there. . City Attorney Couri stated this is a Minnesota State Statute which requires the City to advertise for bids in the local paper. Golf Course - RezoninQ City Planner Brixius reported on the rumors the City has been hearing in regards to the Cedar Creek Golf Course. Currently, rumors suggest that their owner is raising prices, chasing away league plan and discouraging business. If true, this strategy may be aimed at showing business losses to convince a court that the City must wither buy the golf course or allow a change of land use. In staff conversation, we may rely on the Cedar Creek Planned Unit Development Agreement for protection. However, we may want to prepare additional protection such as: 1. Documentation from the various Albertville golf leagues as to why they are not using Cedar Creek. 2. Price comparison of Cedar Creek green fees with other courses. 3. We may want to establish a zoning district for estate lots (two acre minimum lot size) in the event that the City would have to provide for an alternative land use. The estate zoning district would restrict the potential density. . Goal SettinQ Workshoo at 6:30 o.m. - need new date Cit6 Administrator Kruse there were conflicts in schedules with the date set at the September 19t City Council meeting; therefore a new date needs to be set. M:\Public Data\City Council\Council Minutes\2005 Minutes\M 10-03-05 Final.doc City of Albertville City Council Minutes October 3,2005 . Page 12 of 12 MOTION BY Council member Berning, seconded by Council member Fay to set Monday, October 24,2005 at 7:00 p.m. as the Goal Setting Workshop. Motion carried unanimously. Council set Wednesday, November 2,2005 at 6:00 p.m. as a Bid Review for City Hall construction and Wednesday, November 2,2005 at 7:00 p.m. for a Joint meeting with the City of Otsego with a location to be announced later. Council suggested finding a neutral location. ADJOURNMENT MOTION BY Council member Vetcsh, seconded by Council member Fay to adjourn at 10:25 p.m. Motion carried unanimously. ,-i' LeRoy Berning; Acting Mayor . ,,' ,'1 .'. ':/'. 1 (~:i~ xf. \. (\i ,il,'l Ij I " ;, Ii ':.',I)~" /~ /,}),-,,",:j/ I, ,I' /1, Y i; { , " I ,,-t of/Vi ,r r " II,,\J~\vv"-_ Bridget Millir, City Clerk . M:\Public Data\City Council\Council Minutes\2005 Minutes\M 10-03-05 Final.doc