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2006-04-03 CC Minutes . . . ~ ~1?.~t!'!tll€ ALBERTVILLE CITY COUNCIL April 3, 2006 Albertville City Hall 7:00 PM PRESENT: Mayor Don Peterson, Council members John Vetsch, LeRoy Berning, Ron Klecker, and Tom Fay, City Attorney Mike Couri, City Planner AI 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 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. Add: Public Works - City Truck to pull the Albertville Float Engineering - Silt Fence MINUTES MOTION BY Council member Fay, seconded by Council member Klecker to approve the March 14,2006 Special City Council Workshop minutes and March 20, 2006 regular City Council minutes as amended and on file in the office of the City Clerk. Mayor Peterson abstained from approval of the March 14,2006 Special City Council Workshop, as he was not present. Motion carried unanimously. CONSENT AGENDA MOTION BY Council member Vetsch, seconded by Council member Fay to approve the consent agenda pulling item E. to be placed under Engineer and check numbers 22701 and 22713. Motion carried unanimously. A. Approve payment of claims check numbers 22668 to 22716 B. Approve transfer of On-Sale Liquor License and Special Sunday Liquor License from Cedar Creek Golf Course Inc. to Cedar Creek Golf Course, LLC. effective M:\Public Data\City Council\Council Minutes\2006 Minutes\Bridget's Draft\M 04-03-06 Draft.doc . . . City of Albertville City Council Minutes April 3, 2006 Page 2 of 11 April 1, 2006 C. Authorize the Fire Department to Obtain Quotes for a New Air Compressor; Award the Low Quote, and Authorize the Purchase of the Air Compressor with Designated Funds from the Fire Department Budgeted in the amount of $13,000 and the remainder would come from Department Donations D. Accept a Donation of Gambling Funds from the Albertville Lions in the amount of $600 and make a donation to the Albertville Queens Committee in the amount of $600 E. Approve City Engineer's (Bolton and Menk, Inc.) recommendation to reduce the Letter of Credit for Towne Lake 2nd Addition from $138,781.00 to no less than $57,407.40 ACTION ON PULLED CONSENT ITEMS Check Number 22701 No motion made to approve payment of check number 22701. Denied. Check Number 22713 MOTION BY Council member Berning, seconded by Council member Klecker to approve payment of check number 22713. Motion carried unanimously. BRENT JOHNSON - 3 ON 3 HOCKEY TOURNAMENT DURING ALBERTVILLE FRIENDLY CITY DAYS Brent Johnson informed the Council he would like to coordinate a 3 on 3 Hockey Tournament during the Albertville Friendly City Days. There would be a youth division consisting of two (2) different age groups. One group would be for those 12-13 years of age and the second group would be for the 14-15 year olds. The games will be played on half ice and run approximately 30-minutes. The adult division will consist of 16 teams and will be divided into two brackets, 16-29 year olds and 30+ years old. Each team will be guaranteed three 30-minute games, which will be played on the full sheet of ice. Mr. Johnson inquired as to the contact person for the Albertville Friendly City Days would be so we could hold the hockey tournament. Mayor Peterson informed Mr. Johnson the person to contact regarding Albertville Friendly City Days is LeRoy Berning. M:\Public Data\City Council\Council Minutes\2006 Minutes\Bridget's Draft\M 04-03-06 Draft.doc . City of Albertville City Council Minutes April 3, 2006 Page 3 of 11 ADVANCED FITNESS PRESENTATION - Adrian Haid Mike Johnson, representative from Advanced Fitness explained that Everwell, Inc. is the parent company of Advance Fitness, which is proposing to construct its first 168,000 square-foot state- of-the art family oriented fitness-wellness center. Mr. Johnson stated Advance Fitness's proposal of building a health club facility and establishing an on-going business will provide economic and social benefits to Albertville that will enhance the city's revenue and economic stability. On the economic side, the facility will create over 60 jobs for the community and additional income will filter throughout Albertville enhancing the sales of the local businesses. The citizens of Albertville will enjoy membership discounts and non-member daily passes for the outdoor aquatic center in the summer, which will provide a platform of greater community involvement. . As far as the social benefits relating to the facility, it would provide community rooms for activities and open classes to the public. School system athletic cross-training programs are available to enhance students' athletic skills. The programs offered at the facility will involve the youth of the community creating stronger family relationships resulting in a stronger community of citizen involvement. The facility will grow with the community becoming a destination for family activities. It will become a community facility that the city can be proud of. Council inquired if there would be sufficient residents or surrounding communities to support the facility. Mike Johnson informed the Council the facility would be built as one-project, which would be completed in approximately 15-months. Council had a couple of concerns, one being the land another being the additional traffic created by the facility. Mayor Peterson reminded the Council and staff the results of the survey conducted there was an interest in the community for a YMCA or other facility like the one before us. Council appeared to be supportive of the project, but would like staff to work with Advanced Fitness to obtain additional information and to research other possible sites, if any, within Albertville. . DEPARTMENT BUSINESS PUBLIC WORKS DEPARTMENT Namim! Park within Albert Villas DeveloDment (RCA) Public Works Supervisor Guimont reported that at the Parks and Recreation Committee that it was noted the park located within the Albert Villas Development does not have a name. The M:\Public Data\City Council\Council Minutes\2006 Minutes\Bridget's Draft\M 04-03-06 Draft.doc . . . City of Albertville City Council Minutes April 3, 2006 Page 4 of 11 recommendation from the Parks and Recreation Committee was to name the park Villas Park. Staff is looking for Council's approval to name the park located in the Albert Villas Development as Villas Park. MOTION BY Mayor Peterson, seconded by Council member Berning to approve naming the park located within the Albert Villas Development as Villas Park. Motion carried unanimously. Re-naminQ: Citv Park (RCA) PW Supervisor Guimont informed the Council the Parks and Recreation Committee discussed the name of City Park. It appears there is some confusion as to which park is City Park and which one is Lions Park. The committee recommends re-naming the entire area as Central Park, the open pavilion located off of Main Avenue NE would be known as the Lions Pavilion Shelter and the building located on the corner of 58th Street NE and Lander Avenue NE would be known as the City Park Shelter. MOTION BY Council member Fay, seconded by Council member Klecker to approve renaming City Park to Central Park as the entire site; Lions Pavilion Shelter and City Park Shelter located within Central Park. Motion carried unanimously. Re-oneninQ: the Skateboard Park (RCA) There was no motion made to approve re-opening the Skateboard Park that was located within the Albertville City Park. It was recommended to sell the skateboard park equipment. Clean-un Albertville PW Supervisor Guimont made a recommendation regarding the garbage and trash throughout Albertville. The City has been fining contractors for dumpster violation and the City has collected approximately $600 for these violations. With these funds, the PW Department would like to make a donation to a non-profit organization; such as the Boys Scouts, Cub Scouts, or Girls Scouts, to pick up the trash that has blown out of the dumpsters. MOTION BY Council member Klecker, seconded by Mayor Peterson to authorize the Public Works Department to contact some non-profit organizations to clean up the trash and make a donation to their group. Motion carried unanimously. Parks and Recreation Committee PW Supervisor Guimont inquired about amending the Parks and Recreation Committee Rules, if one of the committee members could take the minutes. MOTION BY Mayor Peterson, seconded by Council member Klecker to amend the Parks and Recreation Committee Rules allowing a committee member to record the notes or minutes of the meeting. Motion carried unanimously. Street Si1!naQ:e M:\Public Data\City Council\Council Minutes\2006 Minutes\Bridget's Draft\M 04-03-06 Draft.doc . . . City of Albertville City Council Minutes April 3, 2006 Page 5 of 11 Council questioned the street signs within the Prairie Run residential development as to why some of the signs are blue and some are green. PW Supervisor Guimont informed the Council the signs that are blue are private drives and the green are public streets. City Truck - Albertville Float Council brought up the use of the City truck to pull the Albertville Float and wanted to work on the details prior to the parade season. Council member Berning will provide dates of when the parades are scheduled for the Summer of 2006 to the PW Supervisor Guimont. PW Supervisor Guimont will notify Arlan Middleton with Middleton Insurance to ensure the City will be covered under the Insurance Policy. FINANCE DEPARTMENT Monthlv Accounts Receivable Status Renort Finance Director Lannes confirmed that the main outstanding accounts receivable is the amount due from. Edina Development. Prolect Status Undate Finance Director Lannes reported briefly on the Project Status stating that the total contracted amount is $13,603,038.95 for various projects such as 1-94 Project, NW Commercial Park, Hockey Rink, and City Hall construction. As of March 27,2006, the amount paid out totals was $11,628,357.31, for a difference of$3,743,932.52. Bud1!et - Ouarterlv Renort Finance Director Lannes informed the Council ofthe first quarter budget update. The City of Albertville, as of March 27, 2006, current revenue amount is 6.1 % of its annual budgeted revenue for the General Fund. The expenses for the un-audited first quarter are estimated at 12.3% of the budget. PLANNING AND ZONING Shonnes at Towne Lakes Two - Final Plat According to the City Clerk, Granite City Real Estate, LLC submitted an application for Final Plat for the development of the Shoppes at Towne Lakes Two within the City of Albertville. The proposed plat is located north off of County Road 19, between West Laketowne Drive NE and 69th Street NE. M:\Public Data\City Council\Council Minutes\2006 Minutes\Bridget's Draft\M 04-03-06 Draft.doc . City of Albertville City Council Minutes April 3, 2006 Page 6 of 11 City Planner Brixius reported that the site is currently zoned B-2A, Special Business. The zoning is to provide for high quality, limited retail and service commercial development, which would serve both local and regional needs. There are five lots, with one outlot proposed for the site area. Within the site, two (2) of the lots are proposed for restaurants with the remaining three (3) lots to contain a combination or retail and commercial uses. Access to the site will be provided by a private drive system that will run north-south via West Laketowne Drive NE in the south and 69th Street NE in the north. The private drive is proposed to be 20-feet wide and no parking shall be allowed along any of the private drives. The applicant has provided drainage and utility easements over all private drives. Size and location of the easements is subject to approval by the City Engineer. City Planner Brixius noted that the final plat for Shoppes at Towne Lakes Two has been modified per the conditions for preliminary plat approval in October 2005. The applicant, just this evening, has revised the plat to satisfy all but one of the conditions attached to preliminary plat approval. Staff recommends approval of the final plat for the Shoppes at Towne Lakes Two subject to the three following conditions: . 1. Cross access and parking easements shall be required for each of the lots within the development to allow for common use of parking in the event of overflow. Said easements are subject to approval by the City Attorney and shall be recorded with the final plat. 2. The applicant shall be required to extend the right-of-way, previously widened for the turning lanes, easterly along West Laketowne Drive NE to the east side of Private Drive "A". With the additional right-of-way, the applicant shall increase the curb width of West Lake Towne Drive NE, east of Private Drive "A", from 22-feet to a minimum of 28-feet. 3. Drainage plan is subject to review and approval by the City Engineer. The Council addressed the issue with the extra soil located on the site. Council wanted to make sure that the dirt is removed when the site has been graded or completed. The applicant asked the Council if they are open to relocating the sit-down restaurant to lot 5. Granite City Properties is working with a potential sit-down restaurant establishment. The restaurant would only require a 5,000 square-foot building, not the 8,000 square-foot which is proposed. . City Planner Brixius clarified what the Council's intentions were for the area site. In 2005, the applicant for the Shoppes at Towne Lakes One asked for an amendment to the plat to allow a M:\Public Data\City Council\Council Minutes\2006 Minutes\Bridget's Draft\M 04-03-06 Draft.doc . . . City of Albertville City Council Minutes April 3, 2006 Page 7 of 11 bank to be constructed on the lot which was intentionally proposed for a fast-food restaurant. The Council approved the amendment with the restrictions that in Shoppes at Towne Lakes Phase Two would include two (2) restaurant establishments. City Planner Brixius asked if the Council would be comfortable allowing staff to work with the applicant to ensure that the final plat includes the one (1) sit-down restaurant, whether it is located on lot 3 or lot 5. Or, is it the Council's intention, for staffto work with the applicant to revise the area site and bring the amended plat back for Council's approval with the amendment to the Planned Unit Development. Brixius brought to the Council's attention that either way it is handled with regards to the restaurant location, when the applicant applies for the site and building plan, the Council would then identify that there is indeed a sit-down restaurant located within the plat. MOTION BY Council member Berning, seconded by Council member Vetsch to approve the Final Plat for the Shoppes at Towne Lakes Two with the recommendations for staff to work with the applicant to locate within the plat a site for the sit-down restaurant. Motion carried unanimously. LEGAL Shonnes at Towne Lakes Two - Develoner's A1!feement City Attorney Couri noted that the zoning for the site is B-2A, Special Business District in which minimum setbacks shall apply to all buildings in Said Plat, except as follows: 1. For Lot 1, Block 1 a minimum building setback of 20 feet from Linwood Drive NE and all private streets shall apply; 11. For Lot 2, Block 1 a minimum building setback of 25 feet from County State Aid Highway ("CSAH") 19/LaBeaux Avenue NE right-of-way shall apply; iii. For Lot 3, Block 1 a minimum building setback of 25 feet from CSAH19/LaBeaux Avenue NE right-of-way shall apply; iv. For Lot 4, Block 1 a minimum building setback of 20 feet from Linwood Drive NE and all private streets shall apply; and v. For any of the lots on Said Plat, if a minimum building setback along one of the private streets has not been otherwise specified, such minimum setback shall be at least 20 feet. 4. Developer agrees that no illuminated roofs shall be permitted on the buildings and no illuminated structures shall be permitted on the building roofs on Said Plat. M:\Public Data\City Council\Council Minutes\2006 Minutes\Bridget's Draft\M 04-03-06 Draft.doc . City of Albertville City Council Minutes April 3, 2006 Page 8 of 11 5. Developer agrees that no HV AC equipment shall be located on the side of any buildings on Said Plat facing Wright County State Aid Highway No. 19 ("CSAH 19"). 7. Developer agrees that all building and design standards as set forth in "The Shoppes at Towne Lakes Planning and Design Guidelines" dated February 4,2003 shall apply to all properties in Said Plat. The buildings constructed on Said Plat shall be of the highest quality using a combination of a minimum of 20% stone and brick throughout each building. The specific percentage shall be determined by the Planning Commission and City Council. The same architectural standards shall be required for all monument signage within the site. City Attorney Couri went on to note that in the development agreement under permitted uses, it defines the uses on Lot 2, Block 1 and Lot 3, Block 10fSaid Plat shall be limited to a restaurant permitted under the City's B-2A zoning district. The section of the agreement will be amended to reflect the possible relocation ofthe one 8,000 sit-down restaurant. City Attorney Couri reported that the developer shall maintain all private streets on Said Plat in a commercially reasonable manner such that the streets are paved and plowed at all times and such that cars and emergency vehicles can safely pass on said roads at all times. . In the event the private streets are not maintained in accordance with the Agreement such that said private streets pose a safety hazard to the general public, the City shall provide forty-eight hours notice of deficient maintenance to the owners of all the lots in Said Plat, after which time the City may immediately require that commercial business not be transacted on any lot in Said Plat to which access remains impaired or unsafe. The Council wanted to bring to staff's attention Section 11 of the Developer's Agreement regarding keeping the site maintained during construction. MOTION BY Council member Vetsch, seconded by Mayor Peterson to approve the Developer's Agreement for the Shoppes at Towne Lakes Two noting the recommendations to work with staff in locating a site for the proposed sit-down restaurant and amending the Developer's Agreement to reflect the changes. Motion carried unanimously. ENGINEERING Reed Bed Ouote Recommendation (S.E.H.) John Stodola, with S.E.H. informed the Council that two quotes were obtained for the materials and services related to planting reeds for bio-solids treatment in the reed assisted drying beds at the Albertville Wastewater Treatment Plant. Staff recommends awarding the bid to Reed Bed System, Inc. for Option 1 (5 reed beds), due to the potential of not being able to keep all reed beds wet with bio-solids during the initial years of operation. . M:\Public Data\City Council\Council Minutes\2006 Minutes\Bridget's Draft\M 04-03-06 Draft.doc . City of Albertville City Council Minutes April 3, 2006 Page 9 of 11 MOTION BY Council member Klecker, seconded by Mayor Peterson to approve the quote from Reed Bed Systems, Inc. for Option 1 (5 reed beds) in the amount not to exceed $25,600 designating funds from the WWTP account. Motion carried unanimously. 520d Street NE Industrial Park (attachment) - Annrove Resolution No. 2006-13 entitled a Resolution AccentinQ: Feasibilitv Studv for Municinal Imnrovements Pronosed Albertville Industrial Pronertv City Engineer Kasma reported that staff had expanded the 2005 Feasibility Study for 52nd Street NE Improvements to include lot grading and possible pad corrections, as well as platting of the parcels adjacent to 520d Street NE. Should the City want to incorporate into the project design, mass grading ofthe site would minimize the amount of material that would need to be hauled in and off of the site, maximize buildable area by allowing for greater regional ponding capabilities, improve lot drainage, and would provide lot grades suited for typical industrial lots. Council directed staff to prepare an updated Feasibility Study for 52nd Street NE Improvements for the May 1, 2006 City Council meeting. The report presented in the packet is the same report that was prepared in May 2005. . MOTION BY Council member Berning, seconded by Mayor Peterson to approve Resolution No. 2006-13 entitled a Resolution Accepting the Feasibility Study for Municipal Improvements proposed in the Barthel Industrial Park Development within the City of Albertville and to hold a public hearing for said improvements to be held on Monday, May 1,2006 at 7:00 p.m. or soon there after at City Hall located at 5975 Main Avenue NE. Motion carried unanimously. 57th Street NE Sidewalk Assistant City Engineer Nafstad stated that staffwas directed to propose a sidewalk to continue along the south side of 57th Street NE from Lambert Avenue NE to Main Avenue NE within Albertville. Staff prepared a topographic survey for Council's review to implement the proposed sidewalk. Assistant City Engineer Nafstad reported that staff has notified the property owners that would be affected by the proposed sidewalk. Staff received a good response from the majority of the property owners. Council directed staff to work with the residents to obtain the right-of-way easement documentation to construct a 5-foot sidewalk on the south side of 57th Street NE from Lambert Avenue NE to Main Avenue NE within Albertville. Lachman Avenue NE Undate . M:\Public Data\City Council\Council Minutes\2006 Minutes\Bridget's Draft\M 04-03-06 Draft.doc . . . City of Albertville City Council Minutes April 3, 2006 Page 10 of 11 As directed by the City Council, staff conducted a study to align Lachman Avenue NE running north-south from 57th Street NE to 60th Street NE. Assistant City Engineer Nafstad stated that in order to construct the street, it will require a ratio of 2: 1 for wetland mitigation. Assistant City Engineer Nafstad has been working with the TEP panel to address the wetland issues. The TEP panel will not consider the options of wetland credits. Annrove City Enmneer's (Bolton and Menk. Inc.) recommendation to reduce the Letter of Credit for Towne Lakes 2nd Addition from $138.781.00 to no less than $57.407.40 Assistant City Engineer Nafstad presented a letter from Contractor Properties Development Community (CPDC) requesting a Reduction in the Letter of Credit for Towne Lakes 2nd Addition. After reviewing the Master Planned Unit Development Agreement, it appears the developer has met the necessary construction of the public improvements during the second year of the warranty period. Therefore, Bolton and Menk, Inc. is recommending a Reduction in the Letter of Credit for Towne Lakes 2nd Addition from $138,781.00 to no less than $57,407.40 for the balance of the warranty period. MOTION BY Council member Klecker, seconded by Council member Vetsch to approve the recommendation to reduce the Letter of Credit for Towne Lakes 2nd Addition from $138,781.00 to no less than $57,407.40. Motion carried unanimously. Silt Fence Council directed staff to investigate the removal of silt fences in developments that are complete. It appears that the silt fences are installed prior to construction or shortly after construction has begun. The project is then constructed and complete, but the silt fence remains on the site. CITY ADMINISTRATOR City Administrator Kruse brought to the Council's attention the agenda for Wednesday, April 5 Special Council Workshop. City Administrator Kruse addressed payment of check no. 22701. The City is required to make payments within 30-days. The pay request is for work the City directed staff to complete. Mr. Kruse reported he would work with S.E.H. to obtain an updated list of outstanding or potential ongoing projects such as the 1-94 Project. Included with the list will be approximate dates of completion for a future meeting. MOTION BY Mayor Peterson, seconded by Council member Klecker to approve payment of check number 22701. Mayor Peterson, Council members Klecker, Vetsch, and Fay voting aye. Council member Berning voting nay. Motion carried. M:\Public Data\City Council\Council Minutes\2006 Minutes\Bridget's Draft\M 04-03-06 Draft.doc . . . City of Albertville City Council Minutes April 3, 2006 Page 11 of 11 OTHER BUSINESS Chris Sauer, with the Cedar Creek Golf Course introduced himself to the City Council stating he is the new owner. He is excited and looks forward to a successful golf course. ADJOURNMENT MOTION BY Council member Vetsch, seconded by Council member Berning to adjourn at 10: 16 p.m. Motion carried unanimously. ~/?~ Don Peterson, Mayor ~~~. ~ lih~ Bridget Mill , City Clerk - M:\Public Data\City Council\Council Minutes\2006 Minutes\Bridget's Draft\M 04-03-06 Draft.doc . . . Please sign in .~~ , ~ 3cE1 Name (please print) Address //~7"7 5.y~ S.,I-y~ 110 S l S~ S~. NC Ib~uybL 5Et/ EJ~Y' .,o.~Yi<- i:'-' ~d&",- ,...."- f ,.. " ~ ~O - .,~ A?t'dr /V'kW5 IlklD r(;ifHt:;7. ))~