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2006-01-03 CC Minutes . . . ~ ~~~r.t'!iJl€ ALBERTVILLE CITY COUNCIL January 3, 2006 Albertville City Hall 7:00 PM PRESENT: Mayor Don Peterson, Council members Ron Klecker, Tom Fay, John Vetsch, and LeRoy Berning, Assistant City Attorney Dave Wendorf, City Planner Al Brixius, City Engineer Mark Kasma, Assistant City Engineer Adam Nafstad, City Administrator Larry Kruse, Finance Director Tina Lannes, Public Works Supervisor Tim Guimont, 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 under Administration: County Road 19 Joint Powers Water Board Public Works Maintenance Position - hiring status MINUTES MOTION BY Council member Fay, seconded by Council member Klecker to approve the December 19, 2005 regular City Council minutes as amended and on file in the office of the City Clerk. Motion carried unanimously. 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. 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 in the audience to address the Council. CONSENT AGENDA MOTION BY Council member Vetsch, seconded by Council member Klecker to approve the consent agenda pulling items D and E. Motion carried unanimously. M:\Public Data\City Council\Council Minutes\2006 Minutes\M 01-03-06 Fina1.doc . . . City of Albertville City Council Minutes January 3, 2006 Page 2 of8 A. Approve payment of claims check numbers 22348 to 22356 and 022357 to 022359 B. Approve 2006 Regular City Council Dates C. Approve SEH's recommendation for Application for Payment No.3 for 2005 Ice Arena Locker Room Addition to KUE Contractors, Inc. in the amount of $242, 118 D. Set Monday, January 30,2006 to hold a joint meeting with the City of Albertville, City of S1. Michael, and STMA School Board E. Approve S.E.H.'s recommendation for Change Order No.1 for 2005 CSAH 37 Trail in the amount of$5,100 for a bituminous overlay ofthe existing trail along CSAH 37 between 60th Street and Kalland Avenue, installation of a concrete bench pad in front of Albertville Meadows Apartments, and a change in the fmal completion date for the project F. Approve SEH's recommendation for Application for Payment No.3 for 2005 CSAH 37 Trail to Omann Brothers, Inc. in the amount of $76,404.23 ACTION ON PULLED CONSENT ITEMS Set Mondav. Januarv 30.2006 to hold a loint meetinQ with the Citv of Albertville. Citv ofSt. Michael. and STMA School Board Mayor Peterson did not care to set joint meeting with the City of S1. Michael and the STMA School Board as nothing is ever really resolved. Council member Berning agreed not much is ever really resolved, but it is a good idea to meet so we stay in connection with the two other parties involved. Council was in agreement to set the meeting provided Albertville has the opportunity for input on items placed on the agenda. MOTION BY Mayor Peterson, no one seconded the motion. It was the consensus of the Council to approve item D. Motion carried unanimously. AODfove S.E.H.' s recommendation for ChanQe Order No. 1 for 2005 CSAH 37 Trail in the amount of$5,lOO for a bituminous overlav of the existinQ trail alonQ CSAH 37 between 60th Street and Kalland Avenue. installation of a concrete bench Dad in front of Albertville Meadows Aoartments. and a chanQe in the final comoletion date for the orolect Council was a little confused and did not understand what exactly the Change Order was for. Public Works Supervisor Guimont explained that he was involved in the Bid process for the CSAH 37 Trail. After construction had begun and review the trail the engineer recommended 2" of bituminous instead of the original 1 Y2" which was suggested in the Bid process. MOTION BY Council member Berning, seconded by Council member Klecker to approve Item E. Motion carried unanimously. M:\Public Data\City Counci1\Counci1 Minutes\2006 Minutes\M 01-03-06 Final.doc . . . City of Albertville City Council Minutes January 3, 2006 Page 3 of8 DEPARTMENT BUSINESS BUILDING DEPARTMENT City Administrator Kruse reported that the Building Department continues to remain busy. FINANCE DEPARTMENT Finance Director Lannes stated that we continue to bill the Developer's and others. The majority of the amount over due is from Edina Development. Council questioned the outstanding bill for Casual Corner. City Administrator Kruse explained that Casual Corner was running a sale over a holiday weekend and placed numerous signs on the corners. Staff sent Casual Corner a notice along with an invoice for 22 signs at $200 each. Casual Corner contacted the city informing staff they would not allow this to happen again. Staffwill void the invoice, but should Casual Corner place the signs again they will be billed. Assistant City Attorney Wendorf shared with the Council that Edina Development and the City have come to an agreement. City Attorney Couri and Edina's Attorney were not in agreement on some of the language in the agreement. At this point the attorneys are cleaning up some of the final paperwork. Ms. Lannes brought to the Council's attention that included in the packet is the project status update for their review. Ms. Lannes asked if they had any questions or concerns. There were no questions, just commented to keep up the good work. Ms. Lannes proceeded to the Quarterly Report stating that it was an un-audited 4th Quarter Report for 2005. The City of Albertville is currently at 100.6% of its annual budgeted revenue for the General Fund, which is normal due to the fact the City of Albertville doesn't receive Police Aid from the county until the very end of December. Ms. Lannes noted there was a memo regarding Joint Powers WAC fees. Staffhas conducted an audit of JP WAC fees collected and paid out for 2004-2005 for commercial properties. To the best ofthe City's knowledge any outstanding amounts have been paid. PLANNING DEPARTMENT Pro-Tech Marine -Conditional Use Permit - Outdoor StoraQe City Planner Brixius reported that Pro-Tech Marine is seeking a conditional use permit to create an outdoor storage area at their location of business at 5640 MacKenzie Avenue NE. The property is currently zoned B-3; Highway Commercial and marine boat and repair businesses are a permitted use in this district. The portion which requires a conditional use permit is the outside M:\Public Data\City Counci1\Council Minutes\2006 Minutes\M 01-03-06 Final.doc . . . City of Albertville City Council Minutes January 3, 2006 Page 4 of8 storage of equipment, materials, and inventory as a principal or accessory use for commercial and industrial uses. The applicant is seeking a CUP for an outdoor storage area at their location of business. Commercial outdoor storage areas in Albertville are allowed, subject to specific zoning ordinance regulations regarding location, setbacks, screening/landscaping, surfacing, lighting and grading. Zoning Ordinance states that the outdoor storage area must be totally fenced, fully screened and landscaped, and a landscape guarantee, as determined by the zoning administrator, be provided. Applicants have indicated that the proposed storage area will be screened by an opaque six foot (6') fence located along the northern, southern, eastern and western extents of the storage area. This fence will be constructed of green treated, dog eared, wood panels. In the original planning report it was suggested that the periphery ofthe opaque fence be planted to break up the horizontal massing ofthe fence. Our staff recommended the following landscape treatment for the east and south fence walls: 1. Landscape plan indicating clusters ofthree (3) coniferous trees spaced at thirty (30') foot intervals. Clusters must consist of at least two (2) coniferous species. 2. Alternative landscape plan may be submitted by the applicant with the same aforementioned objectives, and is subject to the approval ofthe City. The applicant has submitted a revised site plan indicating clusters ofthree (3) coniferous trees planted at thirty foot (30') intervals. The proposed coniferous trees must be, at minimum, six foot (6') tall- balled and burlaped Black Hills spruce - Picea glaca densata and Austrian pine- Pinus strobosa. Conditional use permit is provisional upon submittal of coniferous tree specification and is subject to the approval ofthe City. City Planner Brixius confirmed that the Planning and Zoning commission recommends approval, conditional upon Sign Ordinance compliance, of the CUP. The outdoor storage appears to be consistent with the City's regulations relating to such areas. This recommendation would include the following conditions: 1. Proposed Black Hills spruce - Picea glaca densata and Austrian pine - Pinus strobosa must be, at minimum, six foot (6') tall- balled and burlaped. 2. Surface of outdoor storage area must be pave or graveled surface. 3. Stacked outdoor storage must not exceed height offence, excluding boats on trailers. Boats on trailers will be treated as one unit. M:\Public Data\City Counci1\Counci1 Minutes\2006 Minutes\M 01-03-06 Final.doc . . . City of Albertville City Council Minutes January 3,2006 Page 5 of8 4. Fence details are subject to the approval ofthe City. 5. Grading plan is submitted and subject to the approval of the City Engineer. 6. Outdoor storage will be solely utilized for marine repair and inventory storage. Outdoor sales display of merchandise for sale or rent is prohibited within the confines of this outdoor storage area. Winter/seasonal storage is prohibited. 7. Business signage is compliant with B-3 District sign ordinance standards. 8. To ensure financial security, a development contract must be signed by the applicant equal to the cost of the fence and landscaping. No outdoor storage will be permitted on the subject site until the fence and landscaping are erected. Council requested no signage on the fence and suggested brown treated wood instead of green treated. MOTION BY Council member Berning, seconded by Council member Klecker to approve the Resolution No. 2006-02 entitled a Resolution Approving a Conditional Use Permit for the Pro- Tech Marine Business Located at 5640 MacKenzie Avenue NE within the City of Albertville as amended and on file in the office of the City Clerk. Motion carried unanimously. Mobil Station - ComDrehensive SiQUaQe Plan Amendment City Planner Brixius brought to the Council's attention the applicant, Duane Downey of Amtech Lighting, is seeking a comprehensive sign amendment to allow additional signage at the Mobil Station located at 11044 - 61st Street NE within the Mooney Addition development. The original comprehensive sign plan was approved through the Mooney Addition development in 1999. Included in this original comprehensive sign plan was the stipulation that no additional signs be . permitted on the property unless approved by amending the sign plan which includes front wall signage. It is recognized that the current request for additional signage falls below B-3 District standards, but is nevertheless a deviation from the original comprehensive sign plan. According to NAC's records, a sign variance was requested by the Mooney Development Corporation in October 2000 and approved by the City. The variance granted flexibility to exceed the maximum letter size for the canopy signage and square footage of the pylon signage. The sign variance approval recognized that the site was not including front wall signage in favor of the larger signs elsewhere. Generally speaking, this variance allowed the Mobil Station to install standard sized signs instead of customized signage. City Planner Brixius stated the following are the recommendations for approval ofthe Mobil Sign Variance: M:\Public Data\City Counci1\Counci1 Minutes\2006 Minutes\M 01-03-06 Final.doc . City of Albertville City Council Minutes January 3,2006 Page 6 of8 North Front Wall Signage. An amendment to the comprehensive sign plan is requested to permit the additional front wall signage. The original comprehensive sign plan stipulated that no additional signs be permitted on the property unless approved by amending the sign plan which includes front wall signage. It is our staffs opinion that the request for front wall signage is not favorable as all existing signage was approved and flexibility was granted through variance in 2000. It is recognized that the current request for additional signage falls below B-3 District standards, but is nevertheless a deviation from the original comprehensive sign plan. Our staff expresses concern that allowing an additional amendment to the comprehensive sign plan establishes precedent. East and West Side Wall Signage. The side wall signage replaces previously approved wall signage and falls below past square footage. Our staff recommends approval. pylon Signage. As the proposed pylon signage replaces existing signage and falls below the maximum allowable square footage granted through the variance in 2000, our staff recommends approval. MOTION BY Mayor Peterson, seconded by Council member Klecker to approve Resolution No. 2006-03 entitled a Resolution Approving a Comprehensive Signage Plan Amendment for the Mobil Gas Station Located at 11044 - 61 st Street NE within the City of Albertville as presented . and on file in the office ofthe City Clerk. Motion carried unanimously. ENGINEERING Flood Studv Discussion City Engineer Kasma noted that we are progressing on the Flood Study. Council informed staff they were under the impression the study would be on the entire city. City Engineer Kasma reported that our goal at this point is to deal with County Ditch 9. Should the Council want than just County Ditch 9 we could address it at a later date. Some Council members were concerned that if we complete the Flood Study on Cty. Ditch 9 and then attempt to correct the issues how this will affect other surrounding areas. For example we correct Cty. Ditch 9 and now more water flows into another neighbor's backyard that in previous years never had water problems. City Administrator Kruse asked if it was the Council's intention to proceed with the Flood Study. If so, staff would like a motion to approve proceeding with the Flood Study at a cost not to exceed $53,000. . M:\Pub1ic Data\City Council\Counci1 Minutes\2006 Minutes\M 01-03-06 Final.doc . . . City of Albertville City Council Minutes January 3,2006 Page 7 of8 MOTION BY Mayor Peterson, seconded by Council member Berning to approve Bolton and Menk, Inc. to proceed with the Flood Study at a cost not to exceed $53,000. Motion carried unanimously. ADMINISTRATION AODrove S.E.H's recommendation for oavment to French Lake for CSAH 19 Pedestrian Ramos at a cost of $4.505 City Administrator Kruse brought to the Council's attention the recommendation for payment was on a previous agenda in which it was denied. Mr. Kruse stated staffwas again asking for Council approval for payment on the French Lake invoice. City Administrator Kruse went into further discuss stating that he had received an e-mail from a resident bringing it to the City's attention the sidewalk curb-cut where it would cross CSAH 19 from Phase Two of the Albertville Premium Outlets to Phase Three did not meet ADA Standards. Mr. Kruse initially thought regarding the sidewalk was to get it corrected. After hearing about this intersection, staff investigated additional sidewalks along CSAH 19 and had them corrected at the same time. MOTION BY Mayor Peterson, seconded by Council member Fay to approve S.E.H.'s recommendation for payment to French Lake for CSAH 19 Pedestrian Ramps at a cost of $4,505. Motion carried unanimously. Senior ProQfam City Administrator Kruse reported on the costs associated with the Senior Program and asked the Council if they wished to continue participating in the expenses. Mayor Peterson could foresee the City of Albertville sharing a Senior Program with Otsego and St. Michael more than with St. Michael and Hanover. It appeared to be the consensus ofthe Council to continue supporting the Senior Program for one year provided we have a written agreement in place. Mayor Peterson wants to make sure that Albertville has the option of input on the programs being offered. Also once the construction of the New City Hall is completed, Mr. Peterson hopes to see or hear some of the programs are held in Albertville. S.E.H work letter reQardinQ CSAH 19 and 37 InterchanQe Proiect City Administrator Kruse stated that there is a meeting scheduled for Wednesday, January 4th with Wright County. Mr. Kruse, Mr. Kasma and Mr. Nafstad would be attending the meeting and would keep the Council informed on the progress. Staff is hoping the county will budget in 2006 to reimburse the city for 58% of the costs associated with the interchange. M:\Pub1ic Data\City Council\Council Minutes\2006 Minutes\M 01-03-06 Final.doc . . . City of Albertville City Council Minutes January 3,2006 Page 8 of8 Public Works - HirinQ Status City Administrator Kruse reported we had over 120 applicants for the PW position opening. Staff did not realize the application on file was very generic. Therefore staff put together a questionnaire for the applicants to complete and return. Once the questionnaires have been received staff can begin the review process and setting up interviews. JP Board meetinQ Mayor Peterson shared with the Council that the December 28,2005 Joint Powers Water Board meeting went rather well. We approved the variance on a one year basis, it will be reviewed each additional year. Mr. Peterson went on to state that Assistant City Engineer Nafstad did a great job presenting the variance. There were four (4) items discussed: 1. This is on a one year basis 2. Review the variance after one year 3. Variance approval is by the Joint Powers Water Board Committee 4. There will be a look-back on the calculations and if the numbers come back incorrectly the appropriate City will be responsible to pay the difference. Other Miscellaneous Items City Administrator Kruse informed the Council the construction of City Hall is progressing. We anticipate ground-breaking in February 2006. Mayor Peterson suggested the City Administrator setup a meeting to include City Administrator of Albertville, City Administrator of St. Michael, Mayor of Albertville, Mayor of St. Michael, Acting Mayor of Albertville, and Acting Mayor of St. Michael. City Administrator Kruse brought to Council's attention that Main Avenue NE and 50th Street NE within the Albertville city limits has been turned back to the city for maintenance in 2006. Therefore the City will receive stated aide for these two streets in 2006. ADJOURNMENT MOTION BY Council member Berning, seconded by Council member Klecker to adjourn at 9:31 p.m. Motion carried unanimously. /-0 ~ _ ~_ /t~ ;tc Don Peterson, Mayor ~~.~~L" Bridget Miller ity Clerk - M:\Public Data\City Council\Council Minutes\2006 Minutes\M 01-03-06 Fina1.doc