2006-03-06 CC Minutes
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ALBERTVILLE CITY COUNCIL
March 6, 2006
Albertville City Hall
7:00 PM
PRESENT: Mayor Don Peterson, Council members Ron Klecker, John Vetsch, LeRoy
Berning, and Tom Fay, City Engineer Mark Kasma, City Planner Al Brixius, City Attorney Mike
Couri, Assistant City Engineer Adam Nafstad, City Administrator Larry Kruse, Public Works
Supervisor Tim Guimont, Public Works MaintenanceIMechanic Ryan Zachman, Finance
Director Tina Lannes, and City Clerk Bridget Miller
ABSENT: none
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: Joint Powers Sludge
Approve the Application to Conduct Excluded Bingo for the Catholic Aid Association
at St. Albert Catholic Church Exemption No. XB-32114-05-002
Set City Council workshop with Albertville Premium Outlets Management
Rental Housing Licensing - Kollville Estates
MINUTES
MOTION BY Council member Fay, seconded by Council member Berning to approve the
February 21,2006 regular City Council minutes as presented and on file in the office of the City
Clerk. Mayor Peterson abstained. Motion carried.
CONSENT AGENDA
MOTION BY Council member Vetsch, seconded by Council member Berning to approve the
consent agenda pulling items C and E and check number 22590. Motion carried unanimously.
A. Approve payment of claims check numbers 22587-22608
B. Liquor License Renewals
1). Off-Sale Liquor License
a. C. L. Gentile Inc. (Geez Sports Bar & Grill)
b. Westside Liquor, Inc.
c. Hackenmueller's Inc. (Hack's Liquor Store)
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2). On-Sale Liquor Licenses
a. C. L. Gentile Inc. (Geez Sports Bar & Grill)
b. D. Michael B's II Inc.
c. Major's Sports Cafe
3). Special Sunday On-Sale Liquor License
a. C. L. Gentile Inc. (Geez Sports Bar & Grill)
b. D. Michael B's II Inc.
c. Major's Sports Cafe
4). On-Sale Wine License
a. Hong Thai Inc.
5). On-Sale 3.2% Malt Beverage
a. Hong Thai Inc.
C. Move to authorize purchase of a portable generator from Ziegler Cat at a cost not to
exceed $69,600 with funds coming from the Sewer Access Charges (SAC) Account
which has $3,228,398 of unreserved fund balance
D. Move to Authorize the City to contract with Flanagar Sales Inc. to purchase and install
a 20' x 20' all steel gazebo for the Albert Villas Park at a cost not to exceed $12,478
with funds coming from the Park Dedication Account, which has $276,120 of
undesignated funds
E. Move to pass Resolution Number 2006-XX entitled "A Resolution requesting Federal
Transportation Funding for Interstate 94 Access and Safety Improvements at CSAH 19
and CSAH 37 in the City of Albertville. Move to authorize the Mayor and City Clerk
to sign a one year contract with the Tinklenberg Group to lobby for 1-94 Federal
Funding in the amount not to exceed $36,000 to be paid on a monthly basis, with funds
expended to the 1-94 Interstate Project account
ACTION ON PULLED CONSENT ITEMS
Check Number 22590
MOTION BY Council member Berning, seconded by Council member Fay to approve check
number 22590. Motion carried unanimously.
Item C. Move to authorize ourchase of a oortal2le e:enerator from Ziee:ler Cat at a cost not to
exceed $69.600 with funds comine: from the Sewer Access Chare:es (SAC) Account. wQ.i!;;h has
$3.228.398 of unreserved fund balance
MOTION BY Council member Berning, seconded by Council member Fay to approve Item C
Move to authorize purchase of a portable generator from Ziegler Cat at a cost not to exceed
$69,600 with funds coming from the Sewer Access Charges (SAC) Account, which has
$3,228,398 of unreserved fund balance. Motion carried unanimously.
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Item E. Move to oass Resolution Number 2006-XX entitled "A Resolution Reauestine: Federal
Transoortation Fundine: for Interstate 94 Access and Safetv Imorovements at CSAH 19 and
CSAH 37 in the Citv of Albertville. Move to authorize the Mavor and Citv Clerk to sie:n a one
vear contract with the Tinklenbere: Grouo to 19bbv for 1-94 Federal Fundine: in the amount not to
exceed $36.000 to be oaid on a monthlv basis. with funds exoended to the 1-94 Interstate Proiect
account
Al Tinklenberg brought to the Council's attention the fact that as you may know, Federal
Transportation dollars are very limited and very competitive. It is difficult, in reviewing the
MnDOT Report, in obtaining funding from the Feds. It may take several years to accumulate
enough funds to begin construction. The majority of the $800,000 we have received will go
towards acquisition ofthe right-of-way from Mr. Knechtl.
Mr. Tinklenberg informed the Council, that should he become elected for office, the contract for
service would be terminated. Another representative would be available to continue lobbying for
the City. As far as the Contract for Service goes, it would be on a month-to-month basis.
Mr. Tinklenberg also reported that the City of Albertville has determined that additional effort is
warranted to secure federal support for the construction of traffic management alternatives along
1-94 in the City. Work necessary to accomplish this goal has been identified in the 2005
consulting Services Proposal. The Consulting Service Agreement Amendment No. 1 maintains
those tasks through the balance of 2006 with particular emphasis on tasks associated with project
funding strategies and activities.
MOTION BY Mayor Peterson, seconded by Council member Klecker to approve Move to pass
Resolution Number 2006-XX entitled "A Resolution requesting Federal Transportation Funding
for Interstate 94 Access and Safety Improvements at CSAH 19 and CSAH 37 in the City of
Albertville. Mayor Peterson, Council members Klecker, Fay and Berning voted aye. Council
member Vetsch voted nay. Motion carried.
MOTION BY Mayor Peterson, seconded by Council member Berning to approve Move to
Authorize the Mayor and City Clerk to sign a one year contract with the Tinklenberg Group to
lobby for 1-94 Federal Funding in the amount not to exceed $36,000. Mayor Peterson, Council
member Berning, Fay, and Klecker voted aye. Council member Vetsch voted nay. Motion
carried.
WRIGHT COUNTY SHERIFF REPRESENTATIVE
Joe Hagerty with the Wright County Sheriffs Department state that the Council had concerns
relating to the increase in liquor violation from 2004 to 2005. Hagerty began informing the
Council that according to the 2005 year-end report it demonstrates an increase of approximately
16% overall. He confirmed that the DWI's went up, but they went up overall in Wright County,
not just Albertville alone. Hagerty continued by reporting there are a variety of things to take
into consideration with the liquor violations. One item to realize there are more people moving
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out to the area, which would raise the potential violations. Some of the individuals ticketed may
have been traveling through Albertville.
Hagerty reminded the Council that he reported to them in December 2005, the number of
violations for the Albertville establishments has not gone up since June 2005 when ownership or
management changed.
Hagerty then reported Albertville increased patrol coverage in 2005. The time frame in which
there is not coverage is 2:30 a.m. to 6:00 a.m. During this time it is generally medical calls
where the Albertville Fire and Rescue Team would cover.
DEPARTMENT BUSINESS
PUBLIC WORKS DEPARTMENT
General Uodate on the Deoartment
PW Supervisor Guimont stated that things are going good. The new employee Ryan Zachman is
performing routine maintenance on the equipment.
Introduced R van Zachman
PW Supervisor Guimont introduced Ryan Zachman to the City Council.
FINANCE DEPARTMENT
Accounts Receivable Uodate
Finance Director Lannes reported the total accounts receivable as of February 27th is
$442,035.85. The majority ofthe outstanding balance is due to the Edina Development bills.
City Attorney Couri stated the City is getting closer to a settlement. We are as far along in the
process as we can go. At this point we are waiting for the payment. Once the payment is
received we can complete the necessary steps to bring the settlement to closure.
Proiect Status Uodate
Finance Director Lannes asked if the Council had any questions or concerns relating to the
Project Status Update.
Council questioned the amount recorded for the City Hall construction. Council felt the amount
was higher than what is recorded on the Status Report.
Staff would review the documents and adjust the amount necessary if any.
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PLANNING AND ZONING
State Bank of Lone: Lake - Site and Buildine: Plan Review - Resolution No. 2006-12
City Planner Brixius noted that HTG Architects and the State Bank of Long Lake had submitted
revised plans to address the recommendations made by the Planning and Zoning Commission.
According to the revised plans, the parking lot has been striped to delineate all drive-thru service
lanes; additional directional signage has been posted near the entrance of the drive-thru, the exit
of the south parking lot, and the A TM; location of snow storage has been indicated on the site
plan; sidewalks have been added to provide connections from the parking lot to the bank
building, said sidewalks are accompanied by cross walks and access ramps in compliance with
ADA standards; a five foot boulevard has been added along the southern perimeter ofthe site,
separating the sidewalk from the adjacent street; and future parking stalls in the south parking lot
are proposed at a 600 angle.
City Planner Brixius reported that the site is zoned B2-A, Limited Business, which would allow
a bank business to be located on the site. The project would consist of two phases. The first
phase will include a 6,500 square-foot main building with a drive-thru. The second phase would
include a 3,200 square-foot expansion to the west of the main building, for a finished size of
9,700 square-feet.
Brixius went on to state that access to the site will rely on the construction of a dead-end private
drive, extending north off 57th Street NE. Cross-easement with LaBeaux Station will be required
between the two plats.
The Planning Commission had concern relating to the drive-thru lanes, Brixius reported. In
addition to the drive-thru adjacent to the building, a drive-up ATM is proposed in the southeast
corner of the site, which shall be treated as a drive-thru and requires 120 feet of stacking space.
The proposed driveway is 25 feet wide and, therefore, capable of accommodating one lane of
traffic, and one-lane for ATM stacking space. However, staff recommends that the applicant
stripe the traffic lane to provide evidence of proper stacking space and to delineate the exit lane
and drive-thru service lane. Directional signage at this point to ease traffic flow has been
recommended by staff.
Signage for the site according to the plans proposes one ground monument sign, one pylon sign,
and two directional signs. Two directional signs are proposed near the entrance, communicating
the one-way direction of the driveway. Directional signage should also be placed at the entrance
of the drive-thru and near the ATM.
The Fire Protection Engineer reviewed the site plans to determine whether the plans are in
compliance with the 2003 Minnesota State Fire Code for Service Features. In order to come into
compliance, the Fire Engineer made four recommendations:
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. If the building is sprinklered, a fire department connection (FDC) will be required.
The location of the FDC should be reviewed by the fire chief.
. To access the north side of the building, the dead-end drive should be reduced to less
than 150 feet or provide a temporary turn around for emergency vehicles until the
construction of the one-way driveway is complete. This may be waived upon
approval by the City Fire Chief.
. Verify that the actual water supply is able to support the minimum fire flow of 1,500
gpm at 20 psi as required by the Minnesota State Fire Code.
. Verify that the buildings will not be used for high piled storage of any kind.
City Planner Brixius reported the site shall be responsible for its own snow storage, and the
location of such storage should be illustrated on the site plan.
MOTION BY Mayor Peterson, seconded by Council member Fay to approve State Bank of
Long Lake Site and Building Plans, Resolution No. 2006-12 entitled a Resolution Approving the
Site and Building Plan for the State Bank of Long Lake, located at the Corner of County Road 19
and 57th Street NE within the City of Albertville, which includes the Findings of Facts. Motion
carried unanimously.
Sie:n Ordinance Amendment - Ground Sie:ns and Grand Ooenine: Sie:ns Ordinance No. 2006-04
and Ordinance No. 2006-06
City Planner Brixius stated the City is considering an amendment to the Sign Ordinance relating
to ground signs. The areas being amended deal with location, size, glare, hours of operation
signs, or ground signs. The second ordinance relates to past amendments pertaining to regulating
temporary signs.
MOTION BY Council member Fay, seconded by Council member Berning to approve
Ordinance No. 2006-04 entitled an Ordinance Amending Section 10-7-8 of Chapter 7 Relating to
Permitted Business Signs. Motion carried unanimously.
MOTION BY Council member Berning, seconded by Council member Fay to approve
Ordinance No. 2006-06 entitled an Ordinance Amending Section 10-7-8 of Chapter 7 Relating to
Permitted Business Signs. Motion carried unanimously.
Zonine: Ordinance Amendment - Land Excavation and Filline: - Ordinance No. 2006-05
City Planner Brixius reported that during City staff discussion, the Building Official and
Assistant City Engineer expressed concern that the land Filling and Excavation Chapters of the
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2005 Municipal City Code should include projects smaller than 50 cubic yards when they occur
within drainage easements.
MOTION BY Council member Vetsch, seconded by Council member Klecker to approve
Ordinance No. 2006-05 entitled an Ordinance Amending Section 1800.1 of Chapter 1800
Relating to Land Filling Operations. Motion carried unanimously.
MOTION BY Council member Fay, seconded by Council member Berning to approve
Ordinance No. 2006-05 entitled an Ordinance Amending Section 1900.1 of Chapter 1900
Relating to Land Excavation/Grading. Motion carried unanimously.
ENGINEERING
There was nothing to report at this time.
LEGAL
Assie:nment of Karston Cove Third Addition Develooer's Ae:reement
City Attorney Couri brought to the Council's attention that Woodside Karston Cove, L.L.C. is
considering selling the Karston Cove Third Addition, the Assignor. The Assignor desires to
assign its rights, duties and obligations in the Developer's Agreement to the Assignee or Lyon
Contracting and Development, Inc. In consideration of each party's promises and considerations
herein set forth as follows:
1. Assignor assigns all right, duties and obligations in the Developer's Agreement to the
Assignee.
2. Assignee assumes all rights, duties and obligations of Assignor in the Developer's
Agreement.
3. By terms of this Agreement, the City is not releasing the existing letter of credit provided by
Assignor pursuant to the terms of the Developer's Agreement. The City reserves the right to
draw on said existing letter of credit as provided by the terms of the Developer's Agreement.
The City agrees to release said letter of credit at such time as the Assignee provides a letter
of credit in the amount of$472,800.00, the form and issuing bank of which shall be subject
to approval by the City Attorney.
4. For purposes of receiving notices under the Developer's Agreement, Assignee designates
the following address as the official address to which notices should be sent: Lyon
Contracting and Development, Inc., 3601 - 18th Street South, Suite 103, St. Cloud,
Minnesota, 56301.
5. The City's costs associated with the drafting and recording of this Assignment Agreement
shall be deemed to be City costs arising under the Developer's Agreement and shall be paid
by the Assignee.
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Roger Fink, representing Woodside Karston Cove, L.L.C. stated that Lyon Contracting and
Development, Inc. would abide by what has been approved in the original Developer's
Agreement.
MOTION BY Council member Berning, seconded by Council member Vetsch to approve the
Assignment of Karston Cove Third Addition Developer's Agreement. Motion carried
unanimously.
Prairie Run - PUD Amendment to the Develooer's Ae:reement to Release Occuoancv Permits
City Attorney Couri informed the Council that the Release Agreement presented this evening
deals with the Prairie Run Development. The Release Agreement will modify the original
Developer's Agreement. It is in the City's best interest to approve this agreement should the
question arise regarding the high water level for the development. It will demonstrate to the
Court System that the City was aware of the situation and attempted to protect the resident.
MOTION BY Council member Klecker, seconded by Council member Berning to approve the
Prairie Run - PUD Amendment to the Developer's Agreement to Release Occupancy Permits.
Motion carried unanimously.
Amendment to Albertville Crossine:s Third Ae:reement
City Attorney Couri reported that HJ Development has notified staff they are considering selling
a section or two of the Albertville Crossings buildings. Couri continued by stating all of the
buildings are under the same Developer's Agreement. It is staff s recommendation to pass this
Amendment to the Developer's Agreement, but is appears to be the proper direction to go. What
the City would be doing is separating any duties from the property owners from the past and
going forward. This is a much cleaner way of handling the agreement versus releasing the
original Developer's Agreement, which the Council would be expected to go through item by
item.
City Attorney Couri stated that notwithstanding anything contained in the Development
Agreements to the contrary, the City acknowledges and agrees that no violation, breach or
default under the Developer Agreements which (i) is not caused by the Owner of the Property (or
portion thereof) and (ii) does not impact the operation of the Property, and (iii) does not arise
from a violation, breach or default physically located on the Property, and (iv) arises entirely out
of an action or failure to act after the date ofthis Amendment, shall be enforced against or
otherwise affect Owner or the Property (or any portion thereof) or the rights of the Owner under
the Development Agreements (including without limitation, issuance of building permits).
MOTION BY Council member Klecker, seconded by Mayor Peterson to approve the
Amendment to Albertville Crossings Third Agreement. Motion carried unanimously.
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ADMINISTRATION
Set March 20. 2006 as date for Public Hearine: for Eull Concrete Tax Increment Financine: (TIP)
MOTION BY Mayor Peterson, seconded by Council member Berning to set Monday, March
20th as the date for a Public Hearing for Eull Concrete Tax Increment Finance (TIP). Motion
carried unanimously.
Set Date for Groundbreakine: of Citv Hall Construction
Council set Thursday, March 16 at 5:00 p.m. for the Groundbreaking Ceremony for City Hall
construction.
Set March 16.2006 - 5:30 o.m. for Ribbon Cuttine: for the Grand-Ooenine: of the STMA Arena
Locker Room
Council set Thursday, March 16th at 5:30 p.m. for the Ribbon Cutting Ceremony for the Grand-
Opening of the STMA Arena Locker Room.
Authorize the Mavor and Citv Clerk to sie:n an Ootion Ae:reement to Purchase the Three Parcels
of Railroad Prooertv with a Closine: Date within 120 Davs
City Administrator Kruse brought to the Council's attention an Option Agreement to Purchase
three (3) railroad parcels. Kruse requested Council authorize the City to enter into the agreement
to purchase the property.
Council stated there are a number of other priorities on their agenda and were hesitant to enter
into the agreement. Council would like to set up a workshop to discuss this with downtown
business and residential property owners.
Council set Monday, April 24th at 6:30 p.m. as a Council Workshop meeting.
MOTION BY Council member Berning, seconded by Mayor Peterson to approve Authorizing
the Mayor and City Clerk to Sign an Option Agreement to Purchase the Three Parcels of
Railroad Property with a Closing date within 180 days, at a cost not to exceed $1,500. Motion
carried unanimously.
Set an 1-94 Council Work~hoo in the Next Couole of Weeks (anv dav but March 16th should
work)
Council set Wednesday, April 5th at 6:00 p.m. as a Council Workshop to meet with the
Albertville Premium Outlets Management team and then to discuss 1-94 Project.
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Aoorove the Aoolication to Conduct Exclud~d Bine:o for the Catholic Aid Association at St.
Albert Catholic Church Exemotion No. XB-32114-05-002
MOTION BY Mayor Peterson, seconded by Council member Berning to approve the
Application to Conduct Excluded Bingo for the Catholic Aid Association at St. Albert Catholic
Church Exemption No. XB-32114-05-002 to be conduct on March 26,2006. Motion carried
unanimously.
CITY CLERK
Update on Rental License pertaining to the Kollville Estates. There are approximately 127 town
homes within the development upon research by Tori Leonhardt according to her Rental License
list and compared it with the City's Utility Billing Records and the Wright County's Property
Tax information. There are roughly 19-20 rental units out of the 127 total town homes; therefore
about 7% of the town homes are rented out. Council prior to the meeting asked about Kollville
Estates Third Addition. Which has approximately 77 single-family lots and about 10-12 are
currently licensed with the City.
ADJOURNMENT
MOTION BY Council member Klecker, seconded by Council member Berning to adjourn at
9:00 p.m. Motion carried unanimously.
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Don Peterson, Mayor
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Bridget Miller, ity Clerk
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