2006-06-19 CC Minutes•A\1bertville
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ALBERTVILLE CITY COUNCIL
June 19, 2006
Albertville City Hall 7:00 PM
PRESENT: Mayor Don Peterson, Council members John Vetsch, LeRoy Berning, and Ron
Klecker, City Attorney Mike Couri, City Planner Al Brixius, City Engineer Mark Kasma,
Assistant City Engineer Adam Nafstad, City Administrator Larry Kruse, and City Clerk Bridget
Miller
ABSENT: Council member Tom Fay
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 Vetsch, seconded by Council member Klecker to approve the
agenda as amended and on file in the office of the City Clerk. Motion carried unanimously.
Add: under Building Department — Rental Property Update
under Engineering — 57th Street NE Sidewalk Update
MINUTES
MOTION BY Council member Berning, seconded by Council member Klecker to approve the
June 5, 2006 regular City Council minutes as presented on file in the office of the City Clerk and
May 31, 2006 joint City of Albertville, City of St. Michael and STMA School Board minutes as
on file at the STMA School Board offices. 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.
Alyson Papenguth, 4972 Kagan Avenue NE, informed the City Council her neighborhood is
coordinating a block party on Saturday, July 29 and would like Council's approval to block off
48th Street NE. Ms. Papenguth has notified Wright County Sheriff's Department and the
Albertville Fire Department.
MOTION BY Mayor Peterson, seconded by Council member Klecker to approve 481h Street NE
• to be blocked off from Kalenda Avenue NE east to Kassel Avenue NE on Saturday, July 29,
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City of Albertville
City Council Minutes
June 19, 2006
Page 2of7
2006 contingent the Wright County Sheriff Department and Albertville Fire Department are
notified for emergency purposes. Motion carried unanimously.
CONSENT AGENDA
MOTION BY Council member Berning, seconded by Council member Klecker to approve the
consent as presented. Motion carried unanimously.
A. Approve payment of claims check numbers 22925 to 22976
B. Approve SEH Engineer's recommendation for Application for Payment No. 13 for
WWTF Facility Upgrade to Gridor Construction in the amount of $24,000
C. Approve SEH Engineer's recommendation for Application for Payment No. 1 for Reed
Bed Systems at the WWTF to Reed Bed Systems, Inc. in the amount of $17,920
D. Award Albertville Boy Scouts in the amount of $600.00 for Removal of Debris along
the Roadways within Albertville
PRESENTATION OF AWARD TO BOY SCOUT TROOP 541
Mayor Peterson presented a certificate to Boy Scout Troop 541. On behalf of the City, he
thanked them for their hard work in removing the debris along the roadways throughout
Albertville.
PUBLIC HEARING
Albert Villas Variance
Mayor Peterson opened the public hearing at 7:05 p.m.
City Planner Brixius reported that the City of Albertville has been seeking contractual
compliance regarding wetland variance from the required thirty (30) foot wetland buffer strip
and structure setback. The City's consideration would reduce the required thirty (30) foot buffer
strip and structure setback to twelve (12) feet on lots located adjacent to wetlands in Albert
Villas 1, 2, 3, 4, and 6.
Brixius went on to state that as the projects developed, the required thirty (30) foot wetland
buffer strip and structure setback was not implemented and resulted in illegal, non -conforming
lots. These homes were purchased by homeowners not knowing that these Ordinance violations
existed. These lots require a blanket variance to amend them into legal, conforming lots.
Staff has realized these current illegal, non -conforming lots will cause further hardship to Albert
Villas' property owners when they look to finance, mortgage or sell their homes. Staff
recommends a blanket variance to reduce the required thirty (30) foot wetland buffer strip and
structure setback to twelve (12) feet on lots located adjacent to wetlands be granted to relieve the
non -conformity (see Exhibit A).
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City of Albertville
City Council Minutes
June 19, 2006
Page 3 of 7
EXHIBIT A
Properties Adjacent to Wetland Within Albert Villas Additions
City of Albertville, MN
Albert Villas 1"
Lot
Block
6
1
7
1
8
1
1
4
2
4
3
4
Albert Villas 2"'
Lot Block
5 1
6 1
7 1
8 1
1 3
2 3
3 3
4 3
5 3
6 3
7 3
8 3
9 3
10 3
11 3
12 3
13 3
14 3
15 3
16 3
17 3
18 3
19 3
24 3
25 3
26 3
27 3
28 3
29 3
30 3
32 3
33 3
34 3
35 3
36 3
Albert Villas 3",
Lot Block
14 1
1 2
2 2
3 2
4 2
5 2
6 2
7 2
8 2
18 2
19 2
20 2
21 2
22 2
24 2
25 2
26 2
27 2
28 2
29 2
30 2
31 2
32 2
33 2
34 2
35 2
36 2
37 2
38 2
1 3
2 3
3 3
4 3
5 3
6 3
Albert Villas 4"
Lot Block
1 1
2 1
3 1
4 1
5 1
6 1
1 2
2 2
5 2
6 2
7 2
8 2
9 2
10 2
11 2
12 2
13 2
16 2
17 2
19 2
20 2
21 2
22 2
23 2
24 2
25 2
26 2
27 2
28 2
1 3
2 3
3 3
4 3
10 3
11 3
Albert Villas 6"'
Lot
Block
1
1
2
1
3
1
4
1
5
1
1
2
2
2
3
2
4
2
5
2
6
2
7
2
8
2
3
3
4
3
5
3
6
3
7
3
15
5
16
5
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City of Albertville
City Council Minutes
June 19, 2006
Page 4of7
Properties Adjacent to Wetland Within Albert Villas Additions
City of Albertville, MN
Albert Villas lst
Albert Villas 2 "d
Albert Villas 3 rd
Albert Villas 4t
Albert Villas 6t
Lot
Block
Lot
Block
Lot
Block
Lot
Block
Lot
Block
37
3
7
3
12
3
1
6
11
3
24
3
2
6
12
3
1
4
3
6
13
3
2
4
4
6
1
4
3
4
5
6
2
4
4
4
6
6
3
4
5
4
10
6
6
4
11
6
12
6
5
5
Mayor Peterson asked if there was anyone in the audience regarding the public hearing.
An Albert Villas' homeowner asked for clarification of the twelve (12) foot buffer.
City Attorney Couri stated that the wetland buffer markers were put in place by Edina
Development Inc. Granting the blanket variance will relieve some homeowners from the non-
conformity of structures.
It was shared that a number of Albert Villas' homeowners received notification in 2005 stating
that the project was completed.
City Attorney Couri clarified the notification, which was sent in 2005, was informing the
homeowners the mitigation project had been completed.
Mayor Peterson closed the public hearing at 8:01 p.m.
MOTION BY Council member Vetsch, seconded by Mayor Peterson to approve the blanket
Wetland Variance from a thirty (30) foot buffer to a twelve (12) foot buffer. Motion carried
unanimously.
DEPARTMENT BUSINESS
BUILDING DEPARTMENT
Rental Property Update
Council member Berning inquired about an update on the number of rental properties within the
• Kollville Estate Developments.
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City of Albertville
City Council Minutes
June 19, 2006
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City Administrator Kruse stated he would obtain an update for the next Council meeting.
PLANNING AND ZONING
Shoppes at Towne Lakes Two
City Planner Brixius reported that Granite City Real Estate is in the process of completing the
negotiations with Perkins Restaurant for a site in the Shoppes at Towne Lakes Two Addition. In
order to accommodate the Perkins Restaurant, the applicant is requesting some minor
amendments to their previously approved final plat and PUD Development Contract for the
Shoppes at Towne Lakes Two.
City Planner Brixius informed the Council that the applicant is proposing to amend the final plat
to allow for a lot line adjustment between Lots 3 and 4, Block 1 resulting in a larger lot area for
Lot 4 and a reduced lot area for Lot 3. Along with the amendment to the final plat, the applicant
is requesting to revise the language included in the executed Developer's Agreement that would
allow for a 5,000 square foot (expandable to 6,000 square feet) restaurant as opposed to an 8,000
square foot restaurant and which would allow the proposed restaurant to be located within
Building No. 1 rather than within Building No. 2 as previously approved.
City Attorney Couri inquired if the Council approves the amendment to the Final Plat and the
PUD Developer's Agreement, does the Council want to remove the restriction from Lot 5, which
was originally approved for the 8,000 square foot restaurant. Removal would allow the
developer to change it to a retail lot rather than a restaurant.
City Planner Brixius stated that the applicant Dan Temple, with Granite City Real Estate was
present to answer any questions the Council may have.
Mr. Temple informed the Council that Perkins has signed an agreement contingent upon
approval of the amendments. Mr. Temple brought to the Council's attention the requirement
Perkins has regarding the pylon sign, which would be placed on -site, as well as the flag pole.
MOTION BY Council member Klecker, seconded by Council member Berning to approve the
amendments to the previously approved Final Plat and PUD Developers Agreement for the
Shoppes at Towne Lakes Two with staff recommendations. Motion carried unanimously.
ENGINEERING
Towne Lakes 5th Trail
Assistant City Engineer Nafstad informed the Council that Dave Hempel with CPDC and Paul
Geatz with K. Hovnanian Homes was present to update the Council on the Towne Lakes 5th
Trail.
Mr. Hempel stated there has been much discussion related to the proposed bike trail. At the time
• of Final Plat, it was decided that the path would use the utility easement instead of an actual
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City of Albertville
City Council Minutes
June 19, 2006
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outlot. The problem now is that the 8-foot wide path is to center on the lot line, which gives us
four (4) feet on each side. Installation of the trail only gives us 1 to 2 feet depending on the
width of the lot, the garage setback is five (5) feet. Another problem lies in the fact that they are
intending for the path to go from street grade at the front to walk -out grade at the park.
•
Mayor Peterson reported that there are potential homeowners purchasing home within the
development with the understanding there will be a trail leading to Linwood Park.
It was the consensus of the Albertville City Council to continue with the approved final plat for
the construction of the trail. Recommendation made was to reduce it to a 5 to 6 foot wide trail
and change it from asphalt to concrete.
57`h Street NE Sidewalk Update
Assistant City Engineer Nafstad informed the Council that he has heard from the four (4)
residents that would be affected by the installation of the sidewalk. There are two residents that
would need an easement for the construction of the sidewalk.
Council directed staff to proceed with the construction of the sidewalk along 57th Street NE from
Lambert Avenue NE to Main Avenue NE.
LEGAL
City Hall Final Plat
City Attorney Couri recommended postponing the approval of the City Hall Final Plat to a future
date.
Purchase Agreement with BNSF
City Attorney Couri reported that staff is getting closer to an agreement with the purchase of
property from Burlington Northern Santa Fe. Staff will present the final agreement at a future
City Council meeting.
ADMINISTRATION
Eull Concrete Tax Increment Financing (TIFI District No. 12
City Administrator Kruse recommended recessing the Public Hearing for the Eull Concrete Tax
Increment Financing (TIF) District No. 12 to Wednesday, July 5, 2006.
MOTION BY Mayor Peterson, seconded by Council member Berning to recess the Public
Hearing for the Eull Concrete Tax Increment Financing (TIF) District No. 12 to the Wednesday,
July 5, 2006 City Council meeting. Motion carried unanimously.
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City of Albertville
City Council Minutes
June 19, 2006
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C,
r�L
Administrator's Report
City Administrator Kruse reported that Albertville is nearing completion of the CSAH 19 and 37
Interstate Access Request and Environmental Clearance process. We are moving towards the
implementation phase. In order to facilitate the implementation, an 1-94 Implementation Task
Force needs to be assembled with members from Albertville, Otsego and Wright County offices.
Kruse commented that there was a Public Hearing — Open House for CSAH 19 South Project
held on Thursday, June 8, which went very well.
City Administrator Kruse reminded the Council members there is a Special Workshop on
Monday, June 26, 2006 to discuss the furniture and phone system for the new City Hall.
ADJOURNMENT
MOTION BY Council member Klecker, seconded by Council member Berning to adjourn at
9:30 p.m. Motion carried unanimously.
Don Peterson, Mayor
4 f
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Bridget MillerUCity Clerk
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June 19,,2006 Attendance
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Albertville City Council
June 19, 2006 Attendance
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