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2006-07-17 CC MinutesA�Ibcrtville SnmV t tu Uhh ALBERTVILLE CITY COUNCIL July 17, 2006 Albertville City Hall 7:00 PM PRESENT: Acting Mayor LeRoy Berning, Council members John Vetsch, Tom Fay, and Ron Klecker, City Attorney Mike Couri, City Planner Al Brixius, Assistant City Engineer Adam Nafstad, City Administrator Larry Kruse, 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 Vetsch to approve the • agenda as amended and on file in the office of the City Clerk. Motion carried unanimously. Add to the Agenda: Continue to August 7, 2006 City Council meeting the Public Hearing for Eull Concrete Tax Increment Financing District No 12 -on March 20, 2006 the City Council recessed the TIF Public Hearing until June 19, 2006, which was rescheduled Wednesday, July 5, 2006 at 7:00 p.m. 0 Engineering - Resolution No. 2006-xx entitled a Resolution Ordering Improvement for 52"d Street NE from Barthel Industrial Drive NE east to Marlow Avenue NE Building Department - Dumpster Enforcement Parks and Recreation — Purchase Park Benches and Picnic Tables Administration - Speed limit on LaBeaux Avenue NE Administration — set Monday, August 7, 2006 as a Public Hearing for a Resolution Calling for a Public Hearing on a Proposed Modification to the Development Program for Development District No. 1, the Proposed Establishment of Economic Development Tax Increment Financing (TIF) District No. 13 and a Tax Increment Financing (TIF) Plan for the District, and the Consideration of a Business Subsidy Agreement MAPublic Data\City Council\Council Minutes\2006 Minutes\Bridget's Draft\M 07-17-06 Draft.doc City of Albertville City Council Minutes July 17, 2006 . Page 2 of 9 MINUTES MOTION BY Council member Vetsch, seconded by Council member Fay to approve the July 5, 2006 regular City Council minutes as presented on file in the office of the City Clerk. Motion carried unanimously. CITIZEN FORUM Acting Mayor Berning asked if there was anyone in the audience that wished to discuss an item that is not already on the agenda. There was no one present from the public that wished to address the Council. CONSENT AGENDA MOTION BY Council member Klecker, seconded by Council member Fay to approve the consent pulling item E. Motion carried unanimously. A. Approve payment of claims check numbers 023039 to 023098 B. Approve application for 3.2 Malt Liquor License for the Knights of Columbus # 4174 for Saturday and Sunday, July 29 and July 30, 2006 at Central -City Park for Park • Improvements C. Approve Bonestroo's recommendation for Application for Payment No. 5 for City Hall Construction to Breitbach in the amount of $383,325 D. Accept Bid of $1.00 each for two Playground Equipment (spring mounted) to Denise Prow from Four Seasons Park E. Accept Bid of $59.00 for Big or Small Slide to John Vetsch from Four Seasons Park F. Accept Bid of $5.00 for Swinging Park Bench to Ryan Zachman from Four Seasons Park G. Accept Bid of $5.00 for Stable Park Bench to Ryan Zachman from Four Seasons Park • ACTION ON PULLED CONSENT ITEMS Accent Bid of $59.00 for Big or Small Slide to John Vetsch from Four Seasons Park MOTION BY Council member Klecker, seconded by Council member Fay to accept the Bid of $59.00 for Big or Small Slide to John Vetsch from Four Seasons Park. Acting Mayor Berning, Council members Klecker and Fay voted aye. Council member Vetsch abstained from voting. Motion carried. MAPublic Data\City Council\Council Minutes\2006 Minutes\Bridgefs Draft\M 07-17-06 Draft.doc • City of Albertville City Council Minutes July 17, 2006 Page 3 of 9 DEPARTMENT BUSINESS BUILDING DEPARTMENT Monthly Report City Administrator Kruse reported that work continues to be steady with re -roof and re -siding permits from the September storm in 2005. There are various commercial permits under construction, which are progressing along nicely. Dumpster Enforcement Council brought it to staff s attention the City Hall construction site has an uncovered dumpster. Staff was aware of the uncovered dumpster and had notified Brietbach prior to the meeting. PUBLIC WORKS DEPARTMENT Reauest for Council Action — Purchase of Park Benches and Picnic Tables City Administrator Kruse stated that Public Works Supervisor Guimont is looking for authorization to purchase picnic tables and park benches for Villas Park and Four Seasons Park at a cost not to exceed $3,200 using Park Dedication Funds. MOTION BY Council member Vetsch, seconded by Council member Klecker to approve the purchase of park benches and picnic tables at a cost not to exceed $3,200 with monies from the Park Dedication Fund. Motion carried unanimously. PLANNING AND ZONING Set Monday, August 7, 2006 as a Public Hearing for Albertville Plaza 2nd Addition City Planner Brixius reported that the Public Hearing notice that was sent to the abutting property owners identified the wrong lot. Staff is requesting to set Monday, August 7, 2006 as a Public Hearing for Albertville Plaza 2nd Addition to correct the identification of the site. MOTION BY Council member Fay, seconded by Council member Klecker to set Monday, August 7, 2006 as a Public Hearing for Albertville Plaza 2nd Addition. Motion carried unanimously. ENGINEERING City Attorney Couri brought to the Council's attention that a Resolution Ordering the 52" d Street NE Improvements was missed during the approval process. Staff is requesting Council approval on Resolution No. 2006-xx entitle a Resolution Ordering Improvements on 52" d Street NE from Barthel Industrial Drive NE east to Marlowe Avenue NE. M:\Public Data\City Council\Council Minutes\2006 Minutes\Bridgefs Draft\M 07-17-06 Draft.doc City of Albertville City Council Minutes July 17, 2006 IS Page 4 of 9 MOTION BY Council member Klecker, seconded by Acting Mayor Berning to approve Resolution No. 2006-xx entitled a Resolution Ordering 52nd Street NE Improvements. Motion carried unanimously. nd City Engineer Nafstad stated that staff advertised, received and opened bids for the 52nd Street NE Improvement Project within the Albertville city limits. A total of five (5) bids were received, in which LaTour Construction, Inc. of Maple Lake, Minnesota submitted the low bid of $679,680.90. Staff recommends awarding the Contract for 52nd Street NE Improvement Project from Barthel Industrial Drive NE east to Marlowe Avenue NE, to LaTour Construction, Inc. at a cost not to exceed $679,680.90. Council asked staff, in the future, to report the names of the bidders and the amount of their bid. MOTION BY Council member Vetsch, seconded by Council member Fay to approve Resolution No. 2006-xx entitled a Resolution Awarding Contract for 52nd Street NE Improvements at a cost not to exceed $679,680.90. Motion carried unanimously. 2006 Street Overlay Project - Approve Resolution No. 2006-xx entitled a Resolution Awarding Contract for the 2006 Overlay Project City Engineer Nafstad informed the Council that staff advertised, received and opened bids for the 2006 Street Overlay Project. Staff received three (3) bids, in which the low bid was submitted by Buffalo Bituminous, Inc. of Buffalo, Minnesota for the base bid in the amount of $131,527.10. MOTION BY Council member Fay, seconded by Council member Klecker to approve the amended Resolution No. 2006-xx entitled a Resolution Awarding Contract for the 2006 Overlay Project for the Base Bid "Schedule A" only to Buffalo Bituminous, Inc. in the amount not to exceed $131,527.10 removing item 4. Motion carried unanimously. Council directed staff to present additional information at a future meeting to award the bids for Contract for Schedule C — Prairie Run Wear Course. Winkleman Building Complex — Schultz and SchupD LLC (Eull Concrete Building) (discussion item City Engineer Nafstad acknowledged that at the July 5, 2006 City Council meeting the Schultz and Schupp LLC was approved the application contingent on the location of the driveway location. Staff has reviewed the site noting that along Large Avenue — Barthel Industrial Drive NE there is a long curb opening on the west side of the roadway and south of 59th Street NE. M:\Public Data\City Council\Council Minutes\2006 Minutes\Bridgefs Draft\M 07-17-06 Draft.doc City of Albertville City Council Minutes July 17, 2006 . Page 5 of 9 Since there are five (5) parcels in which there are three (3) owners that utilize the opening for access to their property it is recommended that the long opening in the curb be reduced in length by combining the multiple driveways into on single driveway. By combining the driveways into one common shared driveway will better define the Barthel Industrial Drive NE roadway and provide for more organized access to the multiple parcels, which will help to clarify motorists' intentions and limit confusion. 0 To achieve the desired combined driveway at the location recommended, the Developer will be required to dedicate approximately 1,200 square -feet of right-of-way. Additionally approximately 1,400 square -feet of right-of-way will need to be acquired from the property owner directly to the west of the proposed development. The proposed improvements have been discussed with the abutting property owners and the benefit of a combined -shared access driving is seen by all. In addition to the location of the driveway, Council inquired about the southerly parking lot elevations. City Engineer Nafstad reported that the proposed curb line along the south side of the development site, the existing grade is approximately 2-feet below the top of the railroad tracks. The design elevation of the top of the curb at the location is approximately 0.5-feet below that of the existing grade and the design slope of the parking lot is at approximately 1 % downward towards the tracks. Therefore, the proposed design of the southerly parking lot does minimize headlight projection to the south, and that additional correction and or modification to the site design to further reduce headlight project will compromise the design of other elements of the site. MOTION BY Council member Vetsch, seconded by Council member Fay to approve the Eull Concrete — Winkleman Building Complex Driveway entrance as recommended by staff as a common -shared access located at the intersection of Large Avenue NE, 59th Street NE and Barthel Industrial Drive NE within the Albertville city limits. Motion carried unanimously. LEGAL City Attorney Couri noted that on the Albertville Plaza 2nd Addition a drainage and utility easement needs to be vacated, therefore the City Council needs to set a date for a Public Hearing to vacate the drainage and utility easement for Outlot A, Albertville Plaza 2nd Addition. MOTION BY Council member Fay, seconded by Council member Klecker to set Monday, August 7, 2006 as a Public Hearing for a Vacation of the Drainage and Utility Easement for Albertville Plaza 2nd Addition, Outlot A. Motion carried unanimously. WPublic Data\City Council\Council Minutes\2006 MinutesTridget's Draft\M 07-17-06 Draft.doc ,7 City of Albertville City Council Minutes July 17, 2006 Page 6 of 9 Railroad Purchase eement City Attorney Couri brought to the Council's attention with the Purchase Agreement for the Railroad Property under the Reservations Section 8 (a) Grantee's interest shall be subject to the rights and interests of Grantor, Grantor's licensees, permittees and other third parties in and to all existing utilities, fiber optic lines, wires and easements of any kind whatsoever on the Property whether owned, operated, used or maintained by the Grantor, Grantor's licensees, permittees or other third parties and whether or not of public record. However, if Buyer obtains an ALTA survey certified to both the Buyer and Seller and at Closing Buyer obtains extended ALTA title insurance coverage in the amount of the Purchase Price, then Seller's reservation as to the above referenced matters will be limited to matters disclosed in the public record and any unrecorded matters disclosed on said ALTA survey. Couri reported that Burlington Northern SantaFe (BNSF) was persistent regarding Miscellaneous Section 10. (m) Within 90 days after closing, Grantee shall, at its sole cost and expense, construct a protective chain link fence a minimum of six (6) feet in height upon, over and across the Property as shown green on the attached Exhibit "A" and by this reference made a part hereof. Grantee shall thereafter repair, maintain and renew said fence, so as to keep same in good repair at the sole cost of the Grantee. If fence is not constructed within this time frame, Grantor may construct said fence at the sole cost of Grantee and Grantee shall pay Grantor all associated costs within 10 days of receipt of bills. MOTION BY Council member Klecker, seconded by Council member Fay to approve the Railroad Purchase Agreement at a cost of $384,000 plus closing costs. Motion carried unanimously. ADMINISTRATION Written Report City Administrator Kruse updated the Council regarding the Albertville Mall issues' stating that staff continues to work with the Mall Management staff on the pedestrian crossing, CSAH 19 median and the screening of the garbage dumpsters. Kruse shared with the Council that construction on the New City Hall is progressing along. Elert & Associates is evaluating the bids for the phone system. We are currently out for bid on the furniture and fixtures. Staff anticipates Council to take action in early September. Staff has received preliminary estimates to install about 300 feet of conduit to accommodate all the utilities at a cost estimate of $8,000. MOTION BY Council member Klecker, seconded by Council member Fay to approve installation of about 300 feet of conduit to accommodate all the utilities for the City Hall site at an estimated cost of $8,000. Motion carried unanimously. WPublic Data\City Council\Council Minutes\2006 Minutes\Bridget's Draft\M 07-17-06 Draft.doc City of Albertville City Council Minutes July 17, 2006 Page 7 of 9 Request for Council Action on City Hall South Parking Lot City Administrator Kruse reported that Bonestroo has submitted a $4,200 proposal to draw up a plan sheet for the new parking lot south of City Hall. City Engineer Nafstad has reviewed the proposal and stated Bonestroo's fee of $4,200 was cost effective as they have the topography for the site. Staff is looking for Council's authorization to proceed with developing a plan sheet for the south parking lot in preparation to allow a separate contract, which is not affiliated with the City Hall Project at a cost not to exceed $4,200. Council directed staff to hold off until the Railroad Purchase Agreement has been completed; therefore, no action was taken at this time. Advanced Fitness Discussion City Administrator Kruse asked the Council if they are still interested in proceeding with the Advanced Fitness Concept Plan. Should the Council agree to proceed it appears that the City of Otsego would need to be involved in order to make it work. Council member Vetsch expressed concerns with the location and where would the compost site be relocated within the Albertville city limits; therefore, he would suggest staff contacting Advanced Fitness and politely say "no" the City is not interested at this time. Council member Klecker appeared somewhat hesitant on proceeding and at the same time did not want to pass up the potential opportunity for a fitness center to be located within Albertville. Council member Fay would like to hear from Otsego to find out if they are interested in participating in the fitness center prior to Albertville making the commitment. Council member Berning felt the city should consider saying "thanks for the consideration and the opportunity to build a fitness center in Albertville; however, the city is not prepared at this time to release the property." After hearing further discussion from the Council it appeared to be the consensus to go forward with the Advanced Fitness Concept. Council directed City Administrator Kruse to contact the appropriate representative from Advanced Fitness stating that the City of Albertville will consider the project contingent that Advanced Fitness contacts the City of Otsego to obtain their interest and commitment towards the fitness center. City Administrator Kruse then confirmed that he will contact Adrian Haid and Mike Johnson informing them of the City's interest to sell the land for $5.00 per square foot less a $0.75 discount. If Advanced Fitness needs further assistance, they may want to contact the City of Otsego to find out if they are interested in getting involved. If it appears a deal is viable, the City will be expected to put $10,000 escrow for initial City consultant expenses. M:\Public Data\City Council\Council Minutes\2006 Minutes\Bridget's Draft\M 07-17-06 Draft.doc City of Albertville City Council Minutes July 17, 2006 . Page 8 of 9 Request to set Monday, August 7, 2006 as a Public Hearing for a Resolution Calling for a Public Hearing on a Proposed Modification to the Development Program for Development District No. 1, the Proposed Establishment of Economic Development Tax Increment Financing (TIFI District No. 13 and a Tax Increment Financing (TIF) Plan for the District, and the Consideration of a Business Subsidy Agreement City Administrator Kruse inquired if the Council would set Monday, August 7, 2006 at 7:00 p.m. or soon there after to consider a modification to the Development Program for the Project Area and the establishment of Economic Development Tax Increment Financing (TIF) District 13; otherwise known as Fraser Steel. MOTION BY Council member Fay, seconded by Acting Mayor Berning to Approve Resolution No. 2006-xx entitled a Resolution to Request setting Monday, August 7, 2006 as a Public Hearing for a Resolution Calling for a Public Hearing on a Proposed Modification to the Development Program for Development District No. 1, the Proposed Establishment of Economic Development Tax Increment Financing (TIF) District No. 13 and a Tax Increment Financing (TIF) Plan for the District, and the Consideration of a Business Subsidy Agreement. Motion carried unanimously. CSAH 19 Speed Limit Council member Klecker expressed concern regarding the speed limit along CSAH 19 or LaBeaux Avenue NE within the Albertville city limits. This past weekend there was a 4-5 car accident. The speed limit along CSAH 19 has been discussed at previous Council meetings and Klecker has been in contact with Wright County making them aware of the concerns. MOTION BY Council member Klecker, seconded by Council member Fay to authorize for Wright County to do a speed study of CSAH 19 south of CSAH 37 and staff report back to Council at a future meeting. Motion carried unanimously. Burger King/Mall Pedestrian Crossing Acting Mayor Berning asked staff to obtain signage to be placed possibly in the roadway "State Law — Stop for Pedestrian within Crosswalk." City Engineer Nafstad stated that he would like to do research on the roadway prior to placing portable signs within the roadway. MOTION BY Council member Klecker, seconded by Council member Fay to authorize staff to research the roadway prior to placement of crosswalk signage and report back to Council at a future meeting. Motion carried unanimously. MAPublic Data\City Council\Council Minutes\2006 Minutes\Bridgefs Draft\M 07-17-06 Draft.doc City of Albertville City Council Minutes July 17, 2006 • Page 9 of 9 ADJOURNMENT MOTION BY Council member Klecker, seconded by Council member Fay to adjourn at 9:50 p.m. Motion carried unanimously. is • Bridget Miller4Tity Clerk MAPublic Data\City Council\Council Minutes\2006 Minutes\Bridgefs Draft\M 07-17-06 Draft.doc • • Albertville City Council July 17, 2006 Attendance Page 1 PRINT Name Address City Jane Doe 1325 Any Street NE Albertville Aid", �k- \(I 9�- MAPublic Data\City Council\2006 Public Hearing Attendance.doc