2005-12-19 CC Minutes
Albertville City Ball
7:00 PM
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ALBERTVILLE CITY COUNCIL
December 19, 2005
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 Beming to approve the
agenda as amended and on file in the office of the City Clerk. Motion carried unanimously.
Adding under Administration: WAC Variance and 1-94 Otsego Discussion
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MINUTES
MOTION BY Council member Klecker, seconded by Council member Fay to approve the
December 5, 2005 Truth in Taxation minutes and December 5, 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 in the audience who wanted to speak before the
Council on an item that was not on the Council Agenda.
There was no one present.
CONSENT AGENDA
MOTION BY Council member Fay, seconded by Council member Beming to approve the
consent agenda pulling items h, i, j, k and check number 022247. Motion carried unanimously.
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a. Approve payment of claims check numbers 22222 to 22298
b. Authorize payment of all just claims received by December 31, 2005 (year-end
closeout)
c. Approve SEH's recommendation for Application for Payment No.7 (Final) for 2002
Frontage Avenue Improvements (LaBeaux Avenue) to Rolstad Construction, Inc. in
the amount of$33,184.59
d. Approve SEH's recommendation for Application for Payment No.7 for Wastewater
Treatment Plant Expansion to Gridor Construction, Inc. in the amount of$592,012
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e. Approve Resolution No. 2005-61 entitled (A Resolution Reallocating the Assessment
for CSAH 19/37 Intersection Realignment)
f. Approve S.E.H.'s recommendation to reduce the Letter of Credit for Albertville
Dental Addition from $61,383 to no less than $5,000
g. Accept Letter from Coborn's for Extension of Proposed Gas Pump Addition and
grant the requested extension
h. Approve Resolution No. 2005-62 (Approve Closing Funds)
i. Approve Resolution No. 2005-63 (Transfer General Funds)
j. Approve Resolution No. 2005-64 (WAC Funds)
k. Approve Resolution No. 2005-65 (Designator Park 1 Funds)
l. Approve Resolution No. 2005-66 (Transfer General Funds)
m. Approve Resolution No. 2005-67 (Approving Revising Designation of CSAH 18)
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City Council Minutes
December 19, 2005
Page 2 of9
ACTION ON PULLED CONSENT ITEMS
Aoorove Resolution No. 2005-62 (Aoorove Closim! Funds)
Council member Vetsch had a concem with closing of the funds.
City Administrator Kruse stated it is normal procedure when a project is completed the Capital
Project funds are consolidated into one general fund.
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Mayor Peterson added that the auditors have noted the closing of funds with the last two audit
reports. They encouraged the City to close out these funds instead of leaving them open for
years.
Aoorove Resolution No. 2005-63 (Transfer General Funds)
Council more detail why these funds are being transferred.
City Administrator Kruse simply stated there are funds in the General Fund for equipment and
we are setting up a separate Capital account to track these funds.
Aoorove Resolution No. 2005-64 rw AC Funds)
Council wanted clarification on why we are moving the funds around.
City Administrator Kruse informed the Council that the Water Access Charges are commingled
with the operating funds. Staff feels it is a general clean up of keeping the funds separate.
Aoorove Resolution No. 2005-66 (Transfer General Funds)
Council wanted to know why we are transferring the funds from the General Fund to a Capital
Project Fund.
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City Administrator Kruse stated the Fund No. 400 has a deficit amount and transferring these
funds will cover the deficit to make the fund whole.
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City Council Minutes
December 19, 2005
Page 3 of9
MOTION BY Council member Vetsch, seconded by Council member Berning to approve items
h, i, j, and k. Motion carried unanimously.
Check Number 022247
Council wanted to make sure that the fees from the consultants are being billed back to the
developer.
City Administrator Kruse confirmed that the fees are being billed to the developer.
MOTION BY Council member Fay, seconded by Council member Klecker to approve check
number 022247. Motion carried unanimously.
DEPARTMENT BUSINESS
PUBLIC WORKS DEPARTMENT
City Administrator Kruse commented that Supervisor Tim Guimont was concerned with the
snowmobiles being driven on CSAH 37 Trail. The question for the Council is "Do you want the
trail to be plowed or not?" Mr. Kruse recommended not plowing the trail to preserve it as there
is only one layer of wear course.
. Council recommended updating the snowmobile trail map.
Council member Vetsch volunteered to be on a sub-committee to assist with dealing with
snowmobiles.
PLANNING DEPARTMENT
Albertville - The Shoooes at Towne Lakes II
City Planner Brixius noted that on November 7,2005, the City Council approved Resolution
2005-50, a resolution approving the Shoppes of Towne Lakes Phase II - Preliminary Plat,
Planned Unit Development, and Development Stage. Section 4 of the resolution states that the
Shoppes at Towne Lake II shall provide two restaurant sites, one 8,000 square foot sit-down
restaurant, and one 4,000 square foot restaurant with no drive-through.
Mr. Brixius went on to explain that the applicant, Granite City Real Estate, believes the City has
put them in an unfavorable position, and has since requested reconsideration of a restaurant with
drive-through to be located on Lot 2, in the northwest corner of the site, as was originally
proposed.
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The development ofthe Shoppes of Towne Lakes Phase II is intended to be an extension of the
development plan from Phase I of the project, which is located just to the south of Phase II. As
part of Phase I, a 3,800 square foot drive-through restaurant was proposed to be located on Lot 1,
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1. Approval of the preliminary plat shall not constitute approval of the building design.
Each building will be required to be approved through review of the Planning
Commission and approval of the City Council prior to the issuance of a building permit.
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City Council Minutes
December 19,2005
Page 4 of9
Block 1, in the northwestern portion of the site. However, that site is instead allowed to be
occupied by a bank. In exchange, Phase II of the development would have two restaurant sites.
On April 18, 2005, the City Council approved the First Amendment to the Master Planned Unit
Development/Conditional Use Agreement for the Shoppes at Towne Lakes One. This
amendment added provisions for the inclusion of two restaurants in Phase II. One of the
required restaurants is to be housed in an 8,000 square foot building on Lot 3. Per the April 18,
2005 amendment, the City required that this site be restricted in use to a "sit-down" restaurant
only, as otherwise permitted in the City's B-2A Zoning District.
City Planner Brixius stated that for purposes of the agreement, a "sit -down" restaurant is defined
as one in which customers are seated at individual tables, order, and are served food by wait
staff, and no more than a total of 15% of food sales are pick-up, delivery, or carry-out orders
which are eaten off the premises.
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The original proposal included a restaurant with a drive-through in the northem portion of the
site, very similar to the 3,800 square foot restaurant proposed in Phase I. This type of use is
allowed in the B-2A District according to Section 4350.2 ofthe City Code. In the same
amendment, it was noted that the Council was not in favor of a drive-through proposed for the
8,000 square foot building. However, no mention was made of a drive-through in the 4,000
square foot building.
The development of the Shoppes of Towne Lakes Phase II is intended to be an extension of the
development plan from Phase I of the project, which is located just to the south of Phase II. As
part of Phase I, a 3,800 square foot drive-through restaurant was proposed to be located on Lot 1,
Block 1, in the northwestern portion of the site.
Among other specifications, the design guidelines state that all building in Phase II shall be of
the highest quality, using a combination of a minimum of 20% brick and stone throughout each
building. In addition, we made the following recommendations regarding building design:
2. The buildings of Phase II shall be of the highest quality using a combination of a
minimum of 20% stone and brick throughout each building. The Planning Commission
and City Council shall determine the specific percentage. The same architectural
standards shall be required for all monument signage within the site.
3. The applicant shall submit color-building elevations for the review and approval of the
Planning Commission at the time of site and building plan review.
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5. Ifhipped or cross-hipped roofs are proposed, the applicant will be required to identify the
heating and air conditioning units within the site. Additional screening of these areas
shall be required.
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City Council Minutes
December 19, 2005
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4. The exterior finishes of the trash enclosure shall be compatible with the exterior
architectural features of the principal building. Additional screening will be required
around each enclosure.
6. No HV AC equipment will be allowed on the County Road 19 side of the buildings. All
HV AC equipment must be properly screened.
Council asked in number 2 above, if the City could require more than 20% stone and brick.
City Planner Brixius and City Attorney Couri both reported the City could not request more than
20% stone or brick on the buildings.
Council then asked in regards to the exterior finish of the trash enclosure, we would like to see
the same material used with a door on them the same height to completely cover the dumpsters.
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Council wanted to make sure the HV AC equipment will be placed on the roof unless for some
conditions it shall be permitted to be located on the property but must be properly screened.
It was brought to the Council's attention that Resolution 2005-50 included restrictions on
freestanding signs as follows:
1. The City will approve monument signs not to exceed 12 feet in height of80 square feet
in area for individual lots.
2. A single area identification sign limited to 30 feet in height, or 200 square feet in area,
and the sign must be set back a minimum of 20 feet from all property lines.
Council wanted to add the restriction to window signage.
City Planner Brixius reported on the traffic location of Lot 2 would allow a restaurant with a
drive-through to take advantage of the fact that it abuts County Road 19 and will receive a great
deal of exposure. However, access to the site will occur via the private drive running north and
south from 68th Street to West Laketowne Drive. While it can be expected that in general,
development will create more traffic-flow, the increase in traffic is not seen as being reliant on
the type of restaurant establishment placed on Lot 2. It is expected that traffic volumes
generated by the proposed development are within the capabilities of the streets serving the
property.
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City Planner Brixius informed the Council that the Planning Commission made a
recommendation for the preliminary plat and development stage planned unit development
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City Council Minutes
December 19,2005
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(PUD), the matter was brought to the City Council for final approval. At the November 7, 2005
meeting, the City Council expressed concerns regarding the restaurant with a drive-through on
Lot 3. Members of the Council stated that they did not want to see a fast-food restaurant at this
location. Specific concerns cited were increased traffic levels, franchise architecture, signage,
and other elements associated with fast-food restaurants that are not aesthetically pleasing.
Resolution 2005-50 was then approved without allowing the drive-through.
City Planner Brixius concluded with the applicant's request to the modifications to the City
Council resolution approving the Shoppes of Towne Lakes Phase II to allow the 4,000 square
foot restaurant to have a drive-through service window. Past actions appeared to recognize that
the smaller restaurant would be fast food, replacing the similar restaurant in Phase I.
Council asked the applicant if they knew what restaurant or franchise will be located within the
site with the drive-through lane.
Mr. Temple, the applicant, informed the Council they have not signed any documents with a
proposed tenant for the restaurant with the drive-through.
Council wanted some restrictions as to the hours of operation of the restaurant and the
appearance of the site and building.
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City Planner Brixius stated the Council could put some language in noting the structure or
architectural aspects ofthe appearance of the building.
MOTION BY Mayor Peterson, seconded by Council member Beming to approve the revised
Resolution No. 2005-50 entitled A Resolution Approving the Finding of Facts for Albertville-
The Shoppes at Towne Lakes II as presented and on file in the office of the City Clerk. Motion
carried unanimously.
Zoninl! Fees - Ordinance No. 2005-08
City Planner Brixius began noting that at the December 5,2005 City Council meeting the
Council approved Ordinance No. 2005-09 and Resolution No. 2005-56 relating to various fees to
be amended. The fees brought before you required Planning and Zoning Commission approval
based on the fact they relate to zoning items. The commission approved the fees at the
December 13,2005 Planning and Zoning Commission meeting.
MOTION BY Council member Fay, seconded by Council member Beming to approve
Ordinance No. 2005-08 entitled An Ordinance Amending Section 100.1 O.A, Fees, Charges, and
Expenses of the Albertville Zoning Ordinance as presented and on file in the office of the City
Clerk. Motion carried unanimously.
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City Council Minutes
December 19, 2005
Page 7 of9
ENGINEERING
Bolton and Menk. Inc. Proiect Status Uodate
City Engineer Kasma reported the mass grading of the Shoppes at Towne Lakes Phase II has
begun on the streets and parking lot areas. The 57th Street NE Improvement estimates have been
pr~ared for the addition of sidewalk and street widening. There are some figures to widening
57 Street NE.
Council questioned where the funds will come from to support the improvement.
City Administrator Kruse commented that is up to the Council to decide where they want the
funds to come from.
It appeared to be the consensus of the Council to begin with the sidewalk construction on the
south side of 57th Street NE for now. Then in two-three years re-analyze the project to see where
the Council would like to continue.
MOTION BY Mayor Peterson, seconded by Council member Beming to approve proceeding
with the 57th Street NE Sidewalk Construction only. Motion carried unanimously.
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City Engineer Kasma informed the Council regarding Linda Pauling's property. Ms. Pauling
came before the Council asking for assistance regarding a drainage problem in the rear of her lot.
There are a couple of options the city could consider. One option would be allowing someone to
go across a portion of her property to mow the noxious weeds as it appears she does not have the
ability to do so herself. The other option would be to install a culvert at a cost not to exceed
$6,500, which would cause the water to drain away from her backyard.
Council wanted to know if there was any error on the city's side.
Council member Vetsch brought to staff's attention the property was originally part of Frankfort
Township. That is why the property was never hooked up to the city's storm sewer. So the city
was not in error of the drainage issue Ms. Pauling has.
Council member Berning did not care to do anything with the property. We don't know ifit is
possibly wetland. There are drainage problems throughout all of Albertville. There are drainage
problems in Psyk's Development, Albert Villas, Kenco, etc.
There was no action taken regarding Ms. Pauling's drainage issue. Staffmay consider obtaining
additional information on the site.
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ADMINISTRATION
Knechtl Ril!ht-of-Wav (Survev & Plat)
City Administrator Kruse reported that he has been in contact with Mr. Knechtl. It appears there
has been progress on the Purchase Agreement of one of the four acres of land.
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City Council Minutes
December 19, 2005
Page 8 of9
City Administrator Kruse met with S.E.H. to discuss the layout plan and share the information of
the 1-94 Interchange with Otsego. Albertville needs to follow along with the Phases.
Council asked staff how we are going to fund this project. If we go to assess the Albertville
residents and businesses we most likely only have one opportunity to calculate what the
assessment would be.
City Attorney Couri brought to Council's attention that Mr. Knechtl has his property and should
he find a buyer, the buyer could develop the property. The City would like to do the interchange
and would cost a substantial amount more if a buyer purchases the property in the mean time.
City Administrator Kruse stated that staff is getting the information together for the January 3,
2005 City Council meeting to appraise the property. The City has the approval for the
Environmental Study; we are just obtaining the appraisal information. Once the appraisal
process is completed and draft proposal should be ready next month. At that time we will
present it to the City of Otsego Council members.
Prairie Run Discussion
City Attorney Couri stated that a study of the water flow coming from the north to the east of the
site had been conducted. There was no study conducted from the ditch and south on the Psyk's
property.
When the County was doing road work on CSAH 18 a catch basin or box was removed. Prior to
the construction if you calculate the floor level according to the elevations of the plat they
appeared to be correct. Until Bolton and Menk, Inc. completes the Flood Study, can we figure
out how to deal with the elevations as they are presently recorded?
The City is temporarily holding building permits on the lots that appear to be of more concern.
City Administrator Kruse brought to the Council's attention that Mr. Johnson has submitted
revised elevation plans of the lots. The City is asking Mr. Johnson to assist with paying for the
Flood Study.
City Attorney Couri summarized that city staff has noted a possible problem with the
development and wants to be proactive and address the issues before the homes are built and the
problems occur.
City Staffwill present the Flood Study to the Council at the first meeting in February 2006.
Staff needs Council approval to allow the City Engineer to review and approve the revised
grading and drainage plans. City Engineer will review the grading plan taking into consideration
the calculations from the pipe-laying Engineer. Following the review the City Engineer will
present the grading and drainage plan to Council so they will know how the water will flow on
the site.
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City Council Minutes
December 19,2005
Page 9 of9
WAC Variance
City Administrator Kruse reviewed the WAC determination variance with the Joint Powers
Water Board. Mr. Kruse noted that should this be approved Council recommended amendment
to No.2 - removing the portion regarding the developer's engineer. Council also recommended
removing No. 7 completely and in No.8 amendment to remove the City Engineer and add Joint
Powers Water Board Acceptance.
ADJOURNMENT
MOTION BY Council member Vetsch, seconded by Council member Berning to adjourn at
10:25 p.m. Motion carried unanimously.
Don Peterson, Mayor
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Bndget Mill , lty Clerk
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