Loading...
2005-12-05 CC Minutes . . . ~ t\!~~!'!U]~ ALBERTVILLE CITY COUNCIL December 5, 2005 Albertville City Hall 7:00 PM PRESENT: Mayor Don Peterson, Council members Ron Klecker, Tom Fay, John Vetsch, and LeRoy Berning, 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. MINUTES MOTION BY Council member Berning, seconded by Council member Klecker to approve the November 21,2005 regular City Council minutes as amended, November 2,2005 Joint City of Albertville and City of Otsego minutes, November 30, 2005 Special City Council minutes and November 30, 2005 EDA minutes as presented and on file in the office ofthe City Clerk. Motion carried unanimously. CITIZEN FORUM Mayor Peterson asked if there was anyone present to address the Council with a concern that is not already on the agenda. Chuck Christian, owner of duplex on Main Avenue, approached the Council asking if they would consider allowing him to make the duplex into a single-family dwelling. City Planner Brixius stated that as the dwelling are non-conforming at the present and this could be processed as a Conditional Use Permit. The Park Dedication fees on the property would be at the new rate of$3,000 based on a single residential lot. Council directed staff to work with Mr. Christian to come up with a site and building plan to present at a future meeting. CONSENT AGENDA MOTION BY Council member Berning, seconded by Council member Klecker to approve the consent agenda pulling check numbers 022166, 022208, 022169 and 022175 along with items g and k. Motion carried unanimously. M:\Public Data\City Council\Council Minutes\2005 Minutes\M 12-05-05 Draft.doc . City of Albertville City Council Minutes December 5, 2005 Page 2 of 11 . a. Approve payment of claims check numbers 022160-022211 b. Approve Resolution No. 2005-53 (A Resolution Establishing 2006 Holidays Schedule) c. Approve Resolution No. 2005-54 (A Resolution Adopting the 2006 Final Budget) d. Approve Resolution No. 2005-55 (A Resolution adopting the 2006 Final Levy) e. Approve S.E.H.'s recommendation for Application for Payment No. 11 (Final) for Public Works Building to Ebert Construction, Inc. in the amount of$28,105.47 f. (pg) g. Approve S.E.H's recommendation for payment to French Lake for CSAH 19 Pedestrian Ramps at a cost of $4,505 h. Approve Bolton & Menk's recommendation for Application for Payment No.2 for Hunter's Pass Lift Station to CCS Contracting in the amount of $47,405 i. Approve issuing a $100 Steffen's Meats certificate to employees j. Approve and authorize Wetland Conservation Act Documents for Philip Morris Property as recommended by the Technical Evaluation Panel (TEP) as on file in the office of the City Clerk k. Approve Payment to Bonestroo in the amount of $2,260 for consulting work pertaining to the emergency generator for City Hall with funds coming out of the SAC fund l. Authorize City Staff to seek bids on the generator that was specified for City Hall m. Approve the purchase of Lot 14, Block 2, Barthel Industrial Park PID No. 101-002- 002140 from Sujumibo in the amount of$120,000 n. Approve the Architect recommendation to pay Kue Contractor's Inc for additional soil corrections for the STMA Arena Locker Room project in the amount of $8060 o. Approve the Architect's recommendation to upgrade the STMA Locker Room Heating system replacing the electric baseboard in the individual rooms and installing a gas fired force air system at a cost of $9,229 p. Approve S.E.H.'s recommendation to reduce the Letter of Credit for Towne Lake 5th Addition from $460,000 to no less than $165,000 ACTION ON PULLED CONSENT ITEMS Check Number 022166 and 022208 Council noted a payment made to Aramark Uniform Services on a monthly basis, is this for a laundry service. If so, could the employees clean the uniforms themselves? City Administrator Kruse and Finance Director Lannes confirmed it is a monthly charge for the maintenance and laundry of the PW Maintenance and WWTF employees' uniforms. PW Supervisor Guimont added that it also includes cleaning of rugs or runners located at the various buildings and other cleaning supplies. . Check Number 022208 was for shirts for a new Firefighter. M:\Public Data\City Council\Council Minutes\2005 Minutes\M 12-05-05 Draft.doc . . . City of Albertville City Council Minutes December 5, 2005 Page 3 of 11 MOTION BY Council member Klecker, seconded by Council member Fay to approve check numbers 022166 and 022208. Motion carried unanimously. Check Number 022169 and 022175 Council asked for more details as to why we are paying Burlington Northern $1,500. City Administrator Kruse informed the Council this is for the Space Alien's location and digging near the railroad. Space Alien's has paid the amount to the City, so it would be considered a wash of the funds. Council questioned what check number 022175 was for. City Administrator Kruse reported this was for the new City Hall site to go over details of the interior mechanics. MOTION BY Council member Berning, seconded by Council member Klecker to approve check numbers 022169 and 022175. Motion carried unanimously. Item G. Aoorove S.E.H's recommendation for oavment to French Lake for CSAH 19 Pedestrian Ramos at a cost of $4.505 Council understood there was a bid for the CSAH 19 Pedestrian Ramps, so there should not be additional costs. City Administrator Kruse stated this was above and beyond the original bid. Mayor Peterson asked for a motion to approve Item G. There was no motion; therefore Item G. was not approved. Item K. Aoorove PaYment to Bonestroo in the amount of $2.260 for consultinlZ work oertainim! to the ememencv lZenerator for Citv Hall with funds cominlZ out of the SAC fund Council wanted more information on the payment to Bonestroo. City Administrator Kruse reported this was not in the scope of the City Hall. Council member Fay and myself reviewed the proposal. MOTION BY Council member Berning, seconded by Council member Fay to approve payment to Bonestroo in the amount of $2,260 for consulting work pertaining to the emergency generator for City hall with funds coming out ofthe SAC fund. Motion carried unanimously. DEPARTMENT BUSINESS FINANCE DEPARTMENT Accounts Receivable Uodate Finance Director Lannes reported the total accounts receivable outstanding through November 29,2005 is $590,004.36. Of this amount due is from the Towne Lakes 3rd Developers M:\Public Data\City Council\Council Minutes\2005 Minutes\M 12-05-05 Draft.doc . . . City of Albertville City Council Minutes December 5, 2005 Page 4 of 11 Agreement that requires a payment of$144,474 for 70th Street to be made to the city when the 161st lot was platted. This originally was expected to be platted in Towne Lakes 5th Addition, but it is being platted with the 6th Addition and we will receive payment in full when that occurs which is expected to be by year end if plans go accordingly. Edina Development bills are $315,038.51 or 53% of the total outstanding receivables. Council asked why there appears to be the outstanding billings. Finance Director Lannes replied stating we require an escrow at the initial stage of an application. Once we have a Developer's Agreement in place is when the City asks for the funds up front. Proiect Status Uodate Finance Director Lannes touched briefly on the status of the projects within Albertville in regards to the amount spent. Resolution No. 2005-56 entitled (Resolution settinlZ Fees and Miscellaneous Items) Finance Director Lannes reported there are various fees with changes noted. There are some that may be doubled up as they are also on the Ordinance, which City Attorney Couri has prepared. MOTION BY Council member Klecker, seconded by Council member Berning to approve Resolution No. 2005-56 entitled (Resolution setting Fees and Miscellaneous Items). Motion carried unanimously. PLANNING DEPARTMENT Tim Guimont - Resolution No. 2005-52 entitled (FindinlZ of Facts for Guimont Attached GaralZe) - Conditional Use Permit - Two Accessorv BuildinlZs. Accessorv Buildinl! Floor Soace Exceedinl! 1.150 SQuare feet City Planner Brixius reported that Tim and Daria Guimont are seeking to add an attached garage to their property located at 11641 50th Street. The subject property is zoned R -1 A: Residential Low Density Single Family. The garage addition will be used as storage space for vehicles and added living space above and below the garage. The attached garage addition will be located directly northeast ofthe existing house measuring five hundred seventy six (576) square feet in area. The applicant's existing six hundred (600) square foot detached garage will remain, presumably as storage space. A conditional use permit is required for a combined total floor area of an accessory detached building and/or attached garage exceeding one thousand one hundred fifty (1,150) square feet and for the construction of more than one accessory building and/or structure. M:\Public Data\City Council\Council Minutes\2005 Minutes\M 12-05-05 Draft.doc . City of Albertville City Council Minutes December 5, 2005 Page 5 of 11 CONCLUSION Planning staff recommends approval of the CUP. The garage appears to be consistent with the City's regulations relating to such structures and is contextually reasonable with regard to surrounding structures of similar construction and use. This recommendation would include the following conditions: 1. Garage construction is consistent with the architecture and materials of the existing home. 2. Garage or existing accessory building will not be used for business or home occupation. MOTION BY Council member Fay, seconded by Council member Klecker to approve Resolution No. 2005-52 entitled A Resolution Approving the Finding of Facts for Guimont Attached Garage (Conditional Use Permit) within the City of Albertville as presented and on file in the office of the City Clerk. Motion carried unanimously. . Little Dukes/Coborn's - Resolution No. 2005-51 (FindinlZs of Facts for Coborn's-Little Dukes Additional Gas Pumo) - Conditional Use Permit - Gas Sales City Planner Brixius reported that Coborn's Incorporated is seeking site and building plan review and conditional use permit amendment to add a fifth gasoline pumping station at their location of business at 5398 LaCentre Avenue NE. The Zoning Ordinance establishes a standard for reviewing conditional use permits which may include the nature of the adjoining land or buildings, the effect upon traffic into and from the premises or on any adjoining roads, and all other or further factors as the City shall deem a prerequisite of consideration in determining the effect of the use on the general welfare, public health and safety. Following a public hearing, the Planning Commission may consider one of the following actions: Conditional Use Permit 1. Approval of the CUP, based on a finding that the proposed outdoor storage is consistent with the requirements of the zoning ordinance. 2. Denial of the CUP, based on a finding that the proposed location is inconsistent with the requirements of the zoning ordinance. City Planner Brixius concluded stating that the Planning and Zoning Commission recommends approval of the CUP. The fueling station addition appears to be consistent with the City's regulations relating to such areas. . This recommendation would include the following conditions: M:\Public Data\City Council\Council Minutes\2005 Minutes\M 12-05-05 Draft.doc . . . City of Albertville City Council Minutes December 5, 2005 Page 6 of 11 1. Fuel station island and canopy details are submitted by the applicant and subject to the approval of the City. 2. Canopy lighting details are submitted by the applicant and subject to the approval ofthe City. 3. Lighting photometric is submitted and subject to the approval by the City. 4. City Engineers comments are reviewed and addressed by the applicant. Council asked the applicant if this would help with some of the congestion on the site. The applicant anticipates it would ease some of the congestion on the site. Council then questioned the drive lane going around the rear of the building and if adding the pump would interfere with deliver trucks. City Planner Brixius felt there was plenty of room for a vehicle to get through. Council had concerns with the delivery trucks for the Coborn's Liquor Store that would park at the end near the drive lane that goes around the rear. MOTION BY Council member Berning, seconded by Council member Fay to continue the Resolution No. 2005-51 entitled A Resolution Approving the Findings of Facts for Coborn's- Little Dukes Additional Gas Pump - Conditional Use Permit - Gas Sales within the City of Albertville to the December 19, 2005 City Council meeting. Motion carried unanimously. Council directed staffto issue a letter noting the 120-day ruling. ENGINEERING Bolton and Menk. Inc. Proiect Status Uodate City Engineer Kasma gave a brief update on the grading of the disturbed turf areas at the Outdoor Hockey/Skating Rink. Kasma reported that the first lift of pavement has been placed on Linwood Drive NE and 68th Street NE in the Towne Lakes 6th Addition. Kasma went on to state that paving of the easterly roadways has been completed and the private utility work will begin by the end of the month. 70th Street NE Access Plan City Engineer Kasma informed the Council that the scope of work, schedule and fee estimate for the 70th Street NE Access Report was included in the packet. Kasma went on to note that the City of Otsego date along with Albertville information will be assembled for inclusion in a summer report. The report will include recommendations regarding cross-street locations and access along 70th Street NE between Kadler Avenue NE and MacIver Avenue NE. M:\Public Data\City Council\Council Minutes\2005 Minutes\M 12-05-05 Draft.doc . . . City of Albertville City Council Minutes December 5, 2005 Page 7 of 11 City Engineer Kasma brought up the County has their proposed guidelines or recommends the access onto 70th Street NE be located every ~ a mile. Council was under the impression Albertville had a plan together from the NW Transportation Study Plan. Council would like to see Albertville presenting our proposed plan to Wright County. It was the consensus of the Council to proceed with our plan and agree to disagree with the City ofOtsego's plan for 70th Street NE access plan. CSAH 37 Access Plan City Engineer Kasma began with the fact that Bolton & Menk, Inc. will collect traffic date and road condition on CSAH 37. From there Wright County will be contacted to provide guidelines and recommendations regarding existing and future conditions for CSAH 37. A meeting with Wright County, City of Albertville and City of Otsego will be coordinated and facilitated to discuss issues regarding potential development and access to properties along CSAH 37 between 1-94 and MacIver Avenue NE or MacKenzie Avenue NE within Albertville. Council asked to research how we get access to the Zachman property, which was annexed, into the City of Albertville. Council noted that not only would we have to work with Otsego, but the City of St. Michael as well. City Administrator Kruse brought to the Council's attention that the Moratorium on 1-94 expires the end of December 2005. MOTION BY Council member Vetsch, seconded by Council member Klecker to approve Bolton & Menk to prepare a summary report with recommendations regarding development and access to the parcels along CSAH 37 between 1-94 and MacIver Avenue NE/MacKenzie Avenue NE at a cost not to exceed $5,988. Motion carried unanimously. Hotel- Watemark Traffic Studv City Engineer Kasma reported that Bolton & Menk, Inc. would assemble the available traffic data from prior studies, City, County, and MnDOT records. An analysis to calculate the traffic generated by the proposed development and evaluates the adjacent undeveloped parcels for possible build out conditions to estimate the traffic generation surrounding the Hote1/W aterpark development. Bolton & Menk will then prepare a report with recommendations regarding impacts and future conditions in the proposed development. Council directed staff to prepare a model of how the traffic will flow through the area. Should the Hotel/W aterpark goes forward and is constructed - how will the area be affected. M:\Public Data\City Council\Council Minutes\2005 Minutes\M 12-05-05 Draft.doc . . . City of Albertville City Council Minutes December 5, 2005 Page 8 of 11 Council asked staff if the owner's of the Albertville Mall have been contacted. City Attorney Couri reported that staffhas kept in contact with the Corporate Headquarter Attorney for the Albertville Mall. There is no progress that comes from the discussion between Albertville staff and the mall Attorney. The Corporate Headquarters does not care for the bypass traffic to connect a road to Welcome Furniture site. Council asked the question of who would pay for the construction should the HotellW aterpark continue with the development process. City Attorney Couri replied stating that we would not know who would pay for the construction at this point. That is something we would have to figure out once we see the report on the traffic numbers at that point we would put together a report on who would be assessed and what amount they would be assessed. MOTION BY Mayor Peterson, seconded by Council member Klecker to approve Bolton & Menk will prepare a report with recommendations regarding impacts and future conditions in the proposed Albertville HotellWaterpark Development. Synchro/Sim Traffic (traffic modeling software) will be used to evaluate and demonstrate impacts of alternatives proposed for consideration at a cost not to exceed $7,908. Motion carried unanimously. Resolution No. 2005-57 entitled (Resolution Establishinl! Municioal State Aid Streets) City Engineer Kasma reported that the designated MSA roadways has been completed and submitted to the State of Minnesota. Included in the Council packet is Resolution No. 2005-57 Establishing the Municipal State Aid Streets within the Albertville city limits. MOTION BY Council member Fay, seconded by Council member Klecker to approve Resolution No. 2005-57 entitled (Resolution Establishing Municipal State Aid Streets). Motion carried unanimously. LEGAL T-Sauare Business Park Develooer's AlIfeement - T-Sauare Develooer - T-Sauare Robert HeurinQ City Attorney Couri proceeded briefly reviewing the Developer's Agreement for T-Square Business Park. Mr. Couri noted there are two agreements as one is an agreement dealing with Robert Heuring's property. T-Square Properties would like to release or remove the portion of the original agreement dealing with the farming information. Mr. Couri briefly went over the signage portion of the agreement. He touched on the Park Dedication portion of the agreement. City Attorney Couri reported he heard that Robert Heuring would like to payoff a portion of the Special Assessment on a portion of the property. M:\Public Data\City Council\Council Minutes\2005 Minutes\M 12-05-05 Draft.doc City of Albertville City Council Minutes December 5, 2005 . Page 9 of 11 Mr. Couri stated that the Finance Director Lannes draft a letter addressing how to divide up the Special Assessments. MOTION BY Mayor Peterson, seconded by Council member Fay to approve the T -Square Business Park Developer's Agreement (T-Square Business Park Portion) as amended and on file in the office of the City Clerk. Motion carried unanimously. MOTION BY Mayor Peterson, seconded by Council member Fay to approve the T-Square Business Park Developer's Agreement (T-Square Robert Heuring) as amended and on file in the office of the City Clerk. Motion carried unanimously. MOTION BY Mayor Peterson, seconded by Council member Vetsch to approve Lot 1, Block 1 T-Square Business Park - Release the Farming, Temporary Easement Rights, Phasing, and Paying Special Assessments. Motion carried unanimously. . Countv Maintenance Buildin2: AlIfeement (to be oresented at meetinQ) City Attorney Couri brought to the Council's attention it would be in the City's interest to enter into the purchase agreement for the County Maintenance Garage site. The City did not have to be involved in the Purchase Agreement, but would like to see the site along with the Heuring property to be constructed as one site. City staffhas hopes the Albertville Medical Building will be located on the site. City Engineer Kasma noted there will be two (2) areas to deal with the right-of-way. MOTION BY Mayor Peterson, seconded by Council member Berning to approve the Agreement for the County Maintenance Building. Motion carried unanimously. Memorandum on Shoooes of Town Lakes Restaurant/Bank swao (to be oresented at meetinQ) City Attorney Couri asked to remove the item for discussion at a later date. LaBeaux Station Extension of Recordin2: the Plat City Attorney Couri has asked for an extension on recording the Plat for LaBeaux Station. MOTION BY Council member Vetsch, seconded by Council member Fay to approve the extension of the Recording ofthe LaBeaux Station Plat to April 30, 2006. Motion carried unanimously. Aoorove Ordinance No. 2005-09 entitled (An Ordinance Settin2: Various Develooment Fees) City Attorney Couri reported that in December 2004 the City updated the fees and would like to update the fees on an annual basis. As you will see a number of the fees were on the Resolution presented by the Finance Director. According to State Statutes some of the fees are required to be in an Ordinance format. . M:\Public Data\City Council\Council Minutes\2005 Minutes\M 12-05-05 Draft.doc . . . City of Albertville City Council Minutes December 5, 2005 Page 10 of11 MOTION BY Council member Klecker, seconded by Council member Fay to approve Ordinance No. 2005-09 entitled (An Ordinance Setting Various Development Fees) as amended and on file in the office of the City Clerk. Effective January 1, 2006 after publication in the North Crow River News. Motion carried unanimously. Soecial Assessment Cost Estimate It was brought up at the meeting suggestions on how to assess commercial and/or residential properties for the proposed construction of the 1-94 Interchange Project. City staff was directed to look at other cities where additional interchanges were installed within the last ten (10) years. City Attorney Couri noted that within Albertville there appears to be two (2) different classes of commercial, which are those built in the 1980's and those built in 1990's to present. Couri suggested getting an estimated appraisal and present that to the Council at a future meeting. Once Council has the opportunity to review the estimated appraisals, we could look over how it will affect the landowner's. MOTION BY Mayor Peterson, seconded by Council member Klecker to approve obtaining an estimated appraisal and presenting the information to Council at a future meeting to discuss how to Special Assess. Motion carried unanimously. ADMINISTRATION Written Reoort City Administrator Kruse brought to the Council's attention that the walls are up and the roof will be installed on the Arena project. The garage slabs and tree trunks were grubbed out on the City Hall site. City staff continues to work with the developer and the consultant on the structure of a TIF district for the Eull Concrete Property. Joint Powers Water Access Fee Discussion City Administrator Kruse asked the Council ifthey would be in agreement to allow Joint Powers Water Board to reduce the Access Fee charged to commercial businesses in other cities. Mayor Peterson asked City Engineer Kasma if it is difficult to work with the Met Council Standards. City Engineer Kasma reported the standards set by the Met Council work great. It was the consensus of the Albertville City Council to continue using the Metropolitan Council Manual for calculating Water Access Charge for commercial developments. M:\Public Data\City Council\Council Minutes\2005 Minutes\M 12-05-05 Draft.doc . . . City of Albertville City Council Minutes December 5, 2005 Page 11 of 11 Citv Portion of Water Access CharlZes (WAC) and Sewer Access CharlZes (SAC) for Soace Aliens site City Attorney Couri stated that Tom O'Brien asked if the City would consider assess their WAC and SAC fees. Should you approve assessing the fees it would require staff to draft a Resolution to get the Special Assessment on the assessment role. The Special Assessment would be applied over a three (3) year span. MOTION BY Mayor Peterson, seconded by Council member Berning to approve the Special Assessment of the WAC and SAC Fees for the Space Alien's Development. Motion carried unanimously. Edina Deve100ment (Closed meetinQ: due to litiQ:ation) Mayor Peterson closed the public hearing at 10:08 p.m. Mayor Peterson reconvened the regular City Council meeting at 10:28 p.m. MOTION BY Council member Berning, seconded by Mayor Peterson to approve the Edina Development litigation proposal as amended and to be on file in the office of the City Clerk. Motion carried unanimously. ADJOURNMENT MOTION BY Council member Fay, seconded by Council member Klecker to adjourn at 10:30 p.m. Motion carried unanimously. Id /:c~#(/={0 Don Peterson, Mayor '1'i~,)o,')O "v t('.~\.("..".~!\,\~:i,,"oof /(')/0') ~ I \ \' , ~ ~_ ' . \t . 'I;i;~ It,,- Bridget Miller, Oity Clerk M:\Public Data\City Council\Council Minutes\2005 Minutes\M 12-05-05 Draft.doc