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2006-02-21 CC MinutesA\Ibertville sawn low" tisfing. ft 0tv Uhl. ALBERTVILLE CITY COUNCIL February 21, 2006 Albertville City Hall 7:00 PM PRESENT: Acting Mayor LeRoy Beming, Council members Ron Klecker, Tom Fay, and John Vetsch, City Attorney Mike Couri, City Engineer Mark Kasma, Assistant City Engineer Adam Nafstad, City Administrator Larry Kruse, City Tech Engineer Bill Douglas, 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 Klecker, seconded by Council member Fay to approve the agenda as presented and on file in the office of the City Clerk. Motion carried unanimously. MINUTES MOTION BY Council member Vetsch, seconded by Council member Klecker to approve the February 6, 2006 regular City Council minutes as presented and on file in the office of the City Clerk. Motion carried unanimously. CONSENT AGENDA MOTION BY Council member Fay, seconded by Council member Klecker to approve the consent agenda as presented. Motion carried unanimously. A. Approve payment of claims check numbers mailed out separately B. Approve SEH's recommendation for Application for Payment No. 5 for 2005 Ice Arena Locker Room to KUE Construction in the amount of $107,329.10 C. Approve SEH's recommendation for Application for Payment No. 9 for Wastewater Treatment Plant Expansion to Gridor Construction in the amount of $244,620 D. SEH's recommendation for Application for Payment No. 6 (FINAL) for 2004 School Pedestrian and Bike Path to Buffalo Bituminous in the amount of $25,595.15 E. Approve Bolton & Menk's recommendation to reduce the Letter of Credit for Towne Lakes 6th Addition from $16,000 to be released in full MAPublic Data\City Council\Council Minutes\2006 Minutes\M 02-21-06 Draft (lk, an, bm).doc City of Albertville City Council Minutes February 21, 2006 Page 2 of 7 WRIGHT COUNTY SHERIFF REPRESENTATIVE Due to miscommunications a representative was unable to attend. DEPARTMENT BUSINESS CITY CLERK City Clerk Miller informed the Council that Space Aliens has applied for their On -Sale, Special Sunday, and 2:00 a.m. closing Liquor Licenses. A background check has been completed by the Wright County Sheriff's Department, which came back with no records. Miller went on to explain this is a new application and requires additional time to process. The State of Minnesota would conduct background checks as well. Miller pointed out that the applicant will be required in 2007-2008 to amend their Certificate of Insurance to reflect the dates according to the Albertville Municipal Code Liquor License dates of April 15 to April 15. A Council member directed staff to check with the County or the State to do a background check with the State of North Dakota. MOTION BY Council member Fay, seconded by Acting Mayor Berning to approve the On -Sale Liquor, Special Sunday Liquor and 2:00 a.m. closing application for Space Aliens Grill and Bar contingent on the background checks with the State of Minnesota and North Dakota. Motion carried unanimously. PUBLIC WORKS DEPARTMENT Purchase Toro Lawn Mower City Administrator Kruse reported that PW Supervisor Guimont was unable to attend the meeting but did include pamphlets in the packet for the Toro mower he would like to purchase. In 2005, the PW staff had the opportunity to test a number of mowers and the Toro mower appeared to be the best to meet the needs of the City. More detailed information was presented in the last council packet. The Toro mower is available on the State of Minnesota Contract. The price of the mower is $41,832 plus tax. MOTION BY Council member Vetsch, seconded by Council member Klecker to approve the purchase of the Toro lawn equipment in the amount of $41,832 plus tax with the funds budgeted for the equipment. Motion carried unanimously. Parks Committee Candidates Acting Mayor Berning confirmed the candidates were invited to attend the meeting. Denise Prow called to inform us she was unable to attend. Berning then inquired if there were any other candidates present. Marjorie Hart approached the podium to introduce herself and answer questions or concerns the Council may have. M:\Public Data\City Council\Council Minutes\2006 Minutes\M 02-21-06 Draft (lk, an, bm).doc City of Albertville City Council Minutes February 21, 2006 Page 3 of 7 Acting Mayor Beming stated there are currently two members on the Committee, PW Supervisor Guimont, Mayor and Council member serving. According to the Rules established with the Committee, there are two vacancies to fill. MOTION BY Council member Fay, seconded by Council member Vetsch to approve appointing Majorie Hart to the Parks and Recreation Committee. Motion carried unanimously. MOTION BY Council member Klecker, seconded by Council member Vetsch to approve appointing Denise Prow to the Parks and Recreation Committee. Motion carried unanimously BUILDING DEPARTMENT Building Permit Activity City Administrator Kruse reported the Building Department remains busy with plan reviews and inspections. Storm damage continues to create a high number of additional permit applications and other related workload. Council inquired how much time is allowed for a homeowner to repair damage to their home from the fall 2005 storm. Council further asked if there any City Ordinances that staff or the City could enforce to encourage the homeowners to repair the damage. Kruse reported that most homeowners appear to be moving forward making necessary repairs and that the City has received no complaints regarding unsightly properties. Kruse is unaware that the City has any ordinance which would force homeowners to shingle or fix the siding a it is more cosmetic. City Attorney Couri stated he would review the 2005 Municipal Code relating to a timeline for repairs to be completed. Rental License Applications Council inquired about Rental Dwellings within the City of Albertville. Is there a limit to the amount of rental dwellings allowed or is there a possibility the City could restrict future developments from rental units becoming available. City Administrator Kruse informed the Council that the City does require a Rental License for the dwellings and inspections are done every two -years. He would look into the number of rental licenses approved within the City of Albertville, especially in the Kollville Estates Development and report back to the Council at a later date. ENGINEERING Prairie Run (discussion item onlvl Assistant City Engineer Nafstad reported that staff has been evaluating compliance of constructed and proposed low floor and low opening elevations of buildings in the Prairie Run Development. Bolton and Menk, Inc. has calculated the 100 year high water elevation of the M:\Public Data\City Council\Council Minutes\2006 Minutes\M 02-21-06 Draft (lk, an, bm).doc City of Albertville City Council Minutes February 21, 2006 Page 4 of 7 wetland/drainage basin abutting the development to be 950.9. Upon reviewing the plat, it is believed that there are approximately 7-8 lots in which the homes do not comply with city requirements, of which 3-4 homes have been issued certificates of occupancy. City Attorney Couri informed the Council members that staff is working with Dean Johnson of Gold Key, to correct the lots which do not have certificates of occupancy. Couri further stated that the residents of the lots that have occupancy permits would be notified in some form as to the 100 year flood elevation and the amount of freeboard their home(s) has above the 100 year flood. Assistant City Engineer Nafstad recommended the City formally adopt the 950.9 as the determined 100 year flood elevation for this plat. Nafstad further recommended that the low floor elevation of the homes yet to be constructed be a minimum of 953.5. City Attorney Couri to draft a PUD Amendment for the Prairie Run Development to present to the Council at the March 6, 2006 Council meeting, which will include an exhibit showing the constructed and proposed low floor elevations of homes adjacent to the wetland. Flood Study (discussion item onlvl City Engineer Kasma stated that this is an item for discussion and no action is expected at this time. Kasma reported that staff has reviewed the 2003 Flood Study conducted by SHE and has • explored several methods of correcting the flooding problems. BMI Water Resource Specialist, Bill Douglas began by identifying the watershed boundary lines, which are noted in the 2003 Flood Study. He noted approximately 636-acres of the watershed passes through the Albert Villas area, and eventually drains to County Ditch 9. Staff believes the most feasible method to correct the flooding, is to detain the water west of the Albert Villas area. Staff has drafted up five (5) Options to resolve the problems. Council inquired about how the City could creatively assess the project since the land being considered for purchase is not within the City of Albertville. City Attorney Couri agreed this would take some coordination to get around the assessment. There is a possibility the City could do a partial assessment, but to figure or calculate will be a very difficult process. It is easier to assess when you have street, storm water or a water improvement project. The main area affected by the flooding issue is the Albert Villas, to expand beyond this area would be very difficult to assess. Council wanted to know what the balance of the Stormwater Account was and stated the City could use these funds to assist with the financing of this project. City Administrator Kruse informed the Council there is about $400,000 in the Stormwater Account. City Attorney Couri confirmed that the Council could use some of these funds to finance the Flood Study implementation project. MAPublic Data\City Council\Council Minutes\2006 Minutes\M 02-21-06 Draft (lk, an, bm).doc City of Albertville City Council Minutes February 21, 2006 Page 5 of 7 Staff requested authorizations to work with the STMA School District and property owners to explore additional options that would benefit both the School District and the City. Council directed staff to eliminate Option No. 4 and Option No. 5 from further consideration and to focus on Options 1 — 3, maximize mitigation within Albertville and continue to work to minimize detention pond size. MOTION BY Council member Vetsch, seconded by Council member Klecker to authorize staff to continue working with the STMA School District, St. Michael property owner Montgomery, St. Michael property owner Lafarve, and the City of St. Michael to narrow down the options available to relieve some of the flood issues within the City limits. Motion carried unanimously. LEGAL 2005 Municipal Code — Alcohol Consumption on City Property — Ordinance No. 2006-03 City Attorney Couri reported the Ordinance before you is to clarify the intention of the Council regarding the consumption of alcoholic beverages in City parks as well as parking lots within the boundaries of City parks and to prohibit the issuance of Liquor Licenses to applicants who have failed to pay fines, fees and charges owed to the City. MOTION BY Council member Klecker, seconded by Council member Vetsch to approve Ordinance No. 2006-03 entitled (an Ordinance Modifying City code Sections 4-1-10 and 5-1-8). Motion carried unanimously. Hunter's Pass Outlot A Easement City Attorney Couri stated this is a basic Easement Agreement between the Hunters Pass Estates Homeowners Association and the City of Albertville. The easement grants to the Association a perpetual, non-exclusive easement for purposes of installing and maintaining a monument sign over, across and upon that portion of the Property shown on Exhibit A. The Association shall be responsible for maintaining the improvements and shall keep the easement mowed in accordance with City ordinances at all times during which the improvements are in place. In the event the Association fails to maintain the improvements and the easement, then, following seven (7) days written notice to the Association, the City shall have the right, but not the obligation, to: a) maintain the improvements and the easement; or b) remove the improvements and restore the turn within the easement. In such event, the City may bill the Association for the City's costs of such maintenance and/or removal, and the Association shall reimburse the City for all such costs with thirty (30) days of receipt of the City's billing. In the event the City removes improvements, the improvements shall become the property of the City and the City shall have the right to dispose of the improvements in any manner it sees fit without paying compensation to the Association for the loss of the improvements. M:\Public Data\City Council\Council Minutes\2006 Minutes\M 02-21-06 Draft (lk, an, bm).doc City of Albertville City Council Minutes February 21, 2006 Page 6 of 7 MOTION BY Council member Fay, seconded by Council member Klecker to approve the Hunter's Pass Outlot A Easement. Motion carried unanimously. ATL 40-acre Draft Purchase Agreement City Attorney Couri informed the Council this is an Option Agreement to Purchase a 40-acre parcel of land from ATL, Inc. City Attorney Couri pointed out that the purchase price for the property described in the agreement shall be $40,000 per acre, which shall be paid by Purchaser within 60-days of the exercise of this option by Purchaser. Also, upon exercise of this option, Purchaser shall have the right to enter upon the property for inspection and testing purposes. Purchaser may terminate its obligations under this option, including its obligation to close on the Property after exercise of this option, in the event hazardous substances or pollutants as defined by state or federal law are found to be on or in the Property. Couri would amend this section to include taking soil borings on the property. City Administrator Kruse reported the most the City would financial forfeit would be the $5,000 to enter into the agreement. Once staff has obtained the test results and would continue to work with the STMA School District and the City of St. Michael to work out more of the details on negotiating the purchase of the land. MOTION BY Council member Klecker, seconded by Council member Vetsch to approve the City enter into the Purchase Option for the 40-acre parcel with a $5,000 deposit; to continue to work with the STMA School District and the City of St. Michael; and to work with the STMA School District on how much land they need in relation to what Albertville needs for flood mitigation. Motion carried unanimously. ADMINISTRATION I — 94 / Knechtl Purchase City Administrator Kruse updated the Council regarding the purchase of the Knechtl property. Mr. Knechtl declined our offer to purchase his land. Staff will continue to negotiate a settlement with him by May 2nd deadline when the moratorium expires. Eull Concrete Building — TIF Addendum City Administrator Kruse presented a draft Tax Increment Financing (TIF) Development Program for the Eull Concrete site currently owned by Roger Negaard. The proposed 15,000 square -foot commercial development would have an estimated value of $1.5 million and generate an estimated $23,000 per year in TIF revenue. The budget has been designed to have quite a bit of flexibility as the City firms up it's plans and better understands the needs of the developer. 0 The City Council will be asked to set a public hearing date at the next City Council meeting. M:\Public Data\City Council\Council Minutes\2006 Minutes\M 02-21-06 Draft (1k, an, bm).doc U City of Albertville City Council Minutes February 21, 2006 Page 7 of 7 WWTF Update City Administrator Kruse noted that SEH is looking for Council approval to obtain quotes for providing and planting the reeds, which was not included in the original construction contract of the Wastewater Treatment Plant Phase 2 Expansion. The cost for the reed planting is not to exceed $50,000. The City can obtain services and materials under $50,000 through direct quotes in lieu of the public bidding process. MOTION BY Acting Mayor Berning, seconded by Council member Fay to authorize SEH to obtain quotes for reed planting services outside of the construction contract eliminates the general contractor's markup at a cost not to exceed $50,000. Motion carried unanimously. ADJOURNMENT MOTION BY Council member Klecker, seconded by Council member Vetsch to adjourn at 10:15 p.m. Motion carried unanimously. Don Peterson, Mayor Bridget Miller, Oty Clerk MAPublic Data\City Council\Council Minutes\2006 Minutes\M 02-21-06 Draft (1k, an, bm).doc