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2006-05-15 CC MinutesrAlbertville sumv Town tom.. ft My Ufa. ALBERTVILLE CITY COUNCIL May 15, 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 Al Brixius, City Engineer Mark Kasma, Assistant City Engineer Adam Nafstad, City Administrator Larry Kruse, Wastewater Treatment Superintendent John Middendorf, 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: Consent Agenda: Resolution No. 2006-24 a Resolution Approving a Class B Gambling License for the Foxtailers Snowmobile Club at Cedar Creek Golf Course (Pulltabs, Tipcards, Paddlewheels, Raffles) Administration — I-94 Ramps Remove: Legal — Albertville Medical Clinic Developer's Agreement MINITTES MOTION BY Council member Fay, seconded by Council member Klecker to approve the May 1, 2006 regular City Council minutes and May 3, 2006 Board of Review 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 that wished to discuss an item that is not already on the agenda. Sharon Oakvik, 6168 Kahl Avenue NE, was the neighborhood representative for the Kollville 3rd Estates, expressed disappointment of the Kollville 3rd Estates Development. She brought to the • Council's attention that approximately 19 of the home sites are rental property, which only 10 MAPublic Data\City Council\Council Minutes\2006 Minutes\Bridgefs Draft\M 05-15-06 Draft.doc City of Albertville City Council Minutes May 15, 2006 • Page 2 of 7 are currently licensed with the City. She requested that the Council acknowledge the situations pertaining to the neglect of the rental properties, along with the conduct of various renters. Ms. Oakvik stated that she has been working with Tori Leonhardt inquiring as to which of the properties are currently licensed with the City. Ms. Oakvik has researched the Albertville City Code pertaining to General Nuisance Violations and appreciated the support from City staff to enforce the violations discovered. She inquired whether the City would consider amending the current Rental License requirements or restrictions. Ms. Oakvik informed the Council that as homeowners, many agree that this is where they want to be. There is a fear of what the neighborhood is becoming, and will become without joint effort as a community to both as homeowners and residents of the City of Albertville. City Attorney Couri reported that Kollville 3rd Estates was a regular development approval for R-1, Residential Single -Family. There was no application for a Planned Unit Development (PUD) related to the development. The City could get more involved and pursue the rental issue, but it would be a costly and a potential lengthy process. Mayor Peterson expressed concerns that if we enforce the rental units to comply with the City Code, then other owner occupied residents need to be in compliance also. • City Attorney Couri recommended the residents put together a neighborhood meeting to discuss some of these issues. City Administrator Kruse suggested putting together some type of a block party for the neighborhood and the City could assist. This would potentially be an opportunity for the residents to get to meet other neighbors within their area. Mayor Peterson directed City Administrator Kruse to notify Lt. Anselment regarding the situation within the Kollville 3rd Estates. CONSENT AGENDA MOTION BY Council member Berning seconded by Council member Klecker to approve the consent agenda pulling Resolution No. 2006-24 and check numbers 022812, 022813, 022825, 022832, 022839, and 022842. Motion carried unanimously. A. Approve payment of claims check numbers 22805 through 22843 ACTION ON PULLED CONSENT ITEMS Resolution No. 2006-24 a Resolution Approving a Class B Gambling License for the Foxtailers Snowmobile Club at Cedar Creek Golf Course (Pulltabs, Tipcards, Paddlewheels, Raffles) MOTION BY Council member Berning, seconded by Council member Klecker to approve . Resolution No. 2006-24 a Resolution Approving a Class B Gambling License for the Foxtailers WPublic Data\City Council\Council Minutes\2006 Minutes\Bridgefs Draft\M 05-15-06 Draft.doc City of Albertville City Council Minutes May 15, 2006 Page 3 of 7 Snowmobile Club at Cedar Creek Golf Course (Pulltabs, Tipcards, Paddlewheels, Raffles). Mayor Peterson, Council members Berning, Fay, and Klecker voted aye. Council member Vetsch abstained. Check numbers 022812, 022813, 022825, 022832, and 022839 MOTION BY Council member Berning, seconded by Council member Fay to approve check numbers 0228212, 022813, 022825, 022832, and 022839. Motion carried unanimously. Check number 022842 MOTION BY Council member Klecker, seconded by Council member Berning to approve check number 022842. Motion carried unanimously. DEPARTMENT BUSINESS BUILDING DEPARTMENT Monthly Building Activity Council inquired how the fee is calculated for re -roofing and what inspections are done. City Administrator Kruse commented that the permit fee is calculated according the value of the • job. The Building Official conducts appropriate inspections with the use of the roofer's ladder to get up on the roof. • WASTEWATER TREATMENT PLANT Portable Backup Generator Wastewater Treatment Superintendent Middendorf reported that as part of the Wastewater Treatment Plant expansion, there was a need for a larger permanent generator, leaving the old generator for use elsewhere. There are two quotes to move the old generator to the lift station by DJ's Total Hardware. Staff recommends approval of contracting with Martens Electric to move the old generator from the Wastewater Treatment Plant to the lift station located by DJ's Total Hardware at a cost not to exceed $16,775 using funds from the Sewer Access Charge Account. The cost includes disconnecting, removal, set-up of the DJ's site, and connection of the generator. MOTION BY Council member Fay, seconded by Council member Klecker to approve the purchase of a new Portable Backup Generator for use at the Wastewater Treatment Plant with funds from Sewer Access Charge (SAC) Account at a cost not to exceed $16,775 and staff will draft a landscape plan. Motion carried unanimously. M:\Public Data\City Council\Council Minutes\2006 Minutes\M 05-15-06 Final.doc City of Albertville City Council Minutes May 15, 2006 Page 4 of 7 FINANCE DEPARTMENT Franklin Outdoor Sign Company — Billboard License Fees City Administrator Kruse stated that in December 2005, the City Council adopted the new fee schedule that included the annual billboard face fee. The current fee is $250.00 per face. In reviewing the issue the City of Albertville charge for this item, in 2005 the fee was $100.00 per face. Staff researched this particular fee and recommends that the City of Albertville reduce the fee for 2006 from $250.00 per face to $150.00 per face. Mr. Franklin, with Franklin Outdoor Advertising shared with the Council that the City of St. Cloud lowered the fee to $25. The City of Rogers fee is based on per location not per face. Mr. Franklin added that he would like to have copies of any notes, inspection notices, dates of inspection(s), and any other correspondence pertaining to billboard license fees the City has on record. Council tabled the Request to Reduce the Billboard License Fees until the Monday, June 5, 2006 City Council meeting to allow staff to research how many billboards are located within the Albertville limits, who the current owners are and what action will take place to resolve any issues with the fees assigned to the licensing of billboard signs. PLANNING AND ZONING • Albertville Medical Clinic - Preliminary Plat - Ordinance No. 2006-08 - Site and Building Review - Resolution No. 2006-23 - Final Plat According to the City Planner Brixius, HDR/Jordan Architects and Albertville Medical Building LLC Have applied to construct a medical office building and two other new buildings on three existing parcels located at the corner of CSAH 18 (Jason Ave. NE) and CSAH 19 (LaBeaux Ave. NE). The three parcels will be platted into Lot 1, Lot 2, Outlot A and Outlot B, Block 1 Albertville Medical Clinic. The site is proposed to be built in two phases: phase one will include a building on Lot 1, Block 1, the Medical Clinic and Urgent Care facility; a building on Lot 2, Block 1, with its use still to be determined. Phase two will include final platting Outlot B to Lot 3 for the future construction of a third commercial/office building and required parking proposed in Phase One. Zoning that exists for Parcels A and B are zoned B-2, Limited Business District. Parcel C is currently zoned R-IA, Residential Low Density Single -Family District. Parcel C (Exhibit A) will be rezoned to B-2 to match the other two parcels. City Planner Brixius reported that access to the site will include a right -in -only drive off of CSAH 19, and a full entrance from CSAH 18. Internal access to the site will be full entrances at the corner of 51st Street NE and Kyler Avenue NE. Access to the site must be reviewed and approved by Wright County. The County is requiring a 70-foot right-of-way from the center line of CSAH 19 and CSAH 18; this right-of-way requires approval by the County prior to construction. Along with the access to the site there will be a cross easement established at the • northwest corner of Lot 2 with the Shoppes of Prairie Run. WPublic Data\City Council\Council Minutes\2006 Minutes\Bridgefs Draft\M 05-15-06 Draft.doc City of Albertville City Council Minutes May 15, 2006 . Page 5 of 7 • Pedestrian circulation moves easily through the site and around the site. A trail runs to the east along CSAH 19 (LaBeaux Ave. NE). The trail should be connected with the sidewalk to the north of Lot 1. The north sidewalk along 51 st Street NE should be extended across the entrance drive with a crosswalk to provide a safe and continuous path north of the site. Proposed signage for the entire site will consist of four ground signs and two building signs. Two ground signs will be located on Lot 1, one ground sign will be located on Outlot A and one ground sign will be located on Outlot B. Three of the four ground signs are to be located at the entry drives and one to be located at the corner of CSAH 19 and CSAH 18. The sign details have been submitted for three of the four signs (see Exhibit S of the May 15, 2006 Council packet): Corner of CR 19 & CR 18 Sign — Sign area 112 sq. ft. for single -face sign panel. The sign proposed for the corner of CR 19 andCR 18 shall not exceed six (6) tenants per side. Entrance from CR 18 and CR 19 Signs — Sign area 53 sq. ft per side of sign. The entrance from CR 19 sign is of adequate size for the site and will be located at each County Road Entrance. The number of tenants per side shall not exceed two (2). Internal Directional Monument — Sign Area 27 sq. ft per side of sign. The Internal Directional Monument will be located at the entrance at the corner of 5Is' St. NE and Kyler Ave. NE. The number of tenants per side shall not exceed four (4). City Planner Brixius noted that additional right-of-way signage for the Outlot. The only additional signage would be on the building according to the regulations of the Albertville City Code. MOTION BY Mayor Peterson, seconded by Council member Berning to approve the Albertville Medical Clinic; Ordinance No. 2006-08 entitled An Ordinance Amending the Zoning Map a Certain Property within the City of Albertville from R-la, Residential Low Density Single Family to B-2, Limited Business District; Resolution No. 2006-23 entitled a Resolution Approving a Zoning Amendment, Preliminary Plat, Final Plat, Site and Building Plan Review, and Conditional Use Permit (CUP), Planned Unit Development (PUD) for the Albertville Medical Clinic located at the corner of County Road 19 and County Road 18 within the City of Albertville. Motion carried unanimously. LEGAL Albertville Medical Clinic Developer's Agreement City Attorney Couri reported that the Albertville Medical Clinic Developer's Agreement is not ready for Council review. There will be two (2) developer's agreements for the Albertville Medical Clinic plat. M:\Public Data\City Council\Council Minutes\2006 Minutes\Bridget's Draft\M 05-15-06 Draft.doc • City of Albertville City Council Minutes May 15, 2006 Page 6 of 7 CITY ADMINISTRATOR I-94 Albertville / OtsegoSpecial Funding Legislation City Administrator Kruse stated that he visited with Otsego City Administrator Mike Robertson and presented the concept of Otsego investing funds in the CSAH 19/37 I-94 project and at some point in the future Albertville investing a similar amount in the Kadler Avenue NE Interchange. Mr. Robertson found the concept intriguing. We discussed how we could execute an agreement, which would be binding on the future council years from now. In most cases, current Minnesota law does not allow the current council binds future councils other than through department instruments. In doing some research, it appears the only way to accomplish a collaborative effort like this is to have the Legislature pass Special Legislation specifically authorizing it. City Administrator Kruse has been in contact with both Senator Koch and Representative Emmer requesting their assistance in evaluating this concept. Dave Kennedy, of Kennedy and Graven has stated their firm could develop the draft language for the bill, which we can then use as a tool to see if we can reach agreement with Otsego on their contribution. Dave Kennedy stated the language need not be complex and can be accomplished with minimal effort. Staff is looking for Council to move to Authorize Kennedy and Graven to draft Special Legislation language, which would allow the City of Albertville and City of Otsego to make a financial commitment to the CSAH 19/37 I-94 Interchange Project and the Kadler Avenue NE Interchange. Mayor Peterson asked the Council members if they were supportive of this agreement or not. Mayor Peterson and Council member Klecker were supportive, should the agreement be properly worded for future councils. Council members Beming and Fay were unsure of their support. Council member Vetsch abstained. Council members Klecker and Fay would meet with Otsego prior to making a commitment to authorize Kennedy and Graven to draft a Special Legislation language. Wright County Transportation Board meeting City Administrator Kruse brought it to the Council's attention of an upcoming meeting to be held on Friday, June 2 at 9:00 a.m. at the Wright County Government Center to discuss. The City tentatively would have an opportunity to present the I-94 Interchange Project/County Funding to the County Board. Kruse encouraged Council members to attend the meeting. Council directed staff that Albertville needs to get on Wright County's agenda to get their support for the transportation issues the City is addressing. Council members Vetsch and Berning are willing to attend the Wright County Transportation Board meeting to be held on Friday, June 2 at 9:00 a.m. at the Wright County Government Center. WPublic Data\City Council\Council Minutes\2006 Minutes\Bridgefs Draft\M 05-15-06 Draft.doc • • City of Albertville City Council Minutes May 15, 2006 Page 7 of 7 I-94 Ramps Council member Vetsch suggested obtaining a 3-D mock up of the proposed I-94 Interchange to get a better visual idea of how the completed project will look. Vetsch commented that it is a costly project the City is taking on and would like more that a paper copy of the I-94 Interchange project. Staff wanted the Council to know that that it would be a costly additional expense to obtain a 3- D model of the proposed I-94 Project. ADJOURNMENT MOTION BY Council member Vetsch, seconded by Council member Klecker to adjourn at 9:10 p.m. Motion carried unanimously. Don Peterson, Mayor &k I Bridget Miller, ity Clerk WPublic Data\City Council\Council Minutes\2006 Minutes\Bridget's Draft\M 05-15-06 Draft.doc 0 0 0 Albertville City Council May 15, 2006 Attendance Page I PRINT Name Address city Jane Doe 1325 Any Street NE Albertville Ili A/K :5 iv i <:A Z-,. Aj ca a(Z,7-AVe— eYr- A 5 C R flLO tA 5'r- ri i- i t= T-V A n^- lo 9 1 - LA �5-r Aj b17qk,-1LLA4 kt-- j1her fu'(IC I" �Ah Z, A 04V; d Z-1 13 oo at) jI TOCtd I-JE7010(c (0 1 (253 C,- NiJE Ik-ff S-7 -7 D- Nk-k\ 4ve be /I/ ",-) �w.5 vcy,"" Nq- w', - mrz== Zvie,5T`�17en — M:\Public DataTity Council\2006 Public Hearing Attendance.doc