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2006-08-07 CC Minutes . . . ~ ~~€Il~L€ ALBERTVILLE CITY COUNCIL August 7, 2006 Albertville City Hall 7:00 PM PRESENT: Mayor Don Peterson, Council members John Vetsch, Tom Fay, LeRoy Berning, and Ron Klecker, City Attorney Mike Couri, City Planner Al Brixius, Assistant City Engineer Adam Nafstad, City Administrator Larry Kruse, Finance Director Tina Lannes, Public Works Supervisor Tim Guimont, and City Clerk Bridget Miller 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 to the Agenda: 7.A.3 Draft of a Contract for Tax Increment Financing District No. 12 8.A.3. Change Order No.2 - Wastewater Treatment Plant Expansion Remove from the Agenda: 7.A.2. Approve revised Resolution No. 2006-xx entitled a Resolution Approving a Preliminary Plat for Schultz & Schupp, LLC at 5836 Large Avenue NE, which replaces Resolution No. 2006-31 to be scheduled on the Monday, August 21,2006 City Council agenda MINUTES MOTION BY Council member Fay, seconded by Council member Klecker to approve the July 17, 2006 regular City Council minutes as presented on file in the office of the City Clerk. Council members Berning, Fay, Vetsch and Klecker voted aye. Mayor Peterson abstained. Motion carried. 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. M:\Public Data\City Council\Council Minutes\2006 Minutes\Bridget's Draft\M 08-07-06 Draft.doc City of Albertville City Council Minutes August 7, 2006 . Page 2 of 10 Tim Reiswig of 11673 East Laketowne Drive NE inquired about the possibility of installing a stop sign along West Laketowne Drive NE. The residents in the Towne Lakes Development have noticed more traffic using it as a pass through to get to County Road 19. Mr. Reiswig suggested placing one at the intersection of West Laketowne Drive NE and Lakeview Drive NE and or West Laketowne Drive NE and Laketowne Circle NE. Mayor Peterson directed Assistant City Engineer Nafstad to research the proposed need for a stop sign along West Laketowne Drive NE and identify an appropriate location for the stop sign. CONSENT AGENDA MOTION BY Council member Berning, seconded by Council member Klecker to approve the consent pulling check number 023170. Motion carried unanimously. . A. Approve payment of claims check numbers 023106 to 023174 B. Approve Resolution No. 2006-xx entitled a Resolution Appointing 2006 Election Judges C. Approve S.E.H. Engineer's recommendation for Application for Payment No.6 for STMA Ice Arena Expansion to KUE Construction in the amount of $36,580 D. Approve S.E.H. Engineer's recommendation for Application for Payment No. 14F for WWTF Expansion to Gridor Construction, Inc. in the amount of $92,499 E. Approve Ordinance No. 2006-11 entitled an Ordinance Modifying 2005 City Code Title 1, Chapter 5, Section 1 - Mayor and Council member's Wages F. Approve Bolton & Menk's recommendation for Application for Payment No.2 for Albertville's Outdoor Hockey Rink to Dennis Fehn in the amount of $4,674.79 G. Approve application for 3.2 Malt Liquor License for the Albertville Lions for a Lions Zone meeting to be held on Monday, August 21,2006 at the St. Alberts Parish Center H. Approve Bonestroo's recommendation for Application for Payment No.6 for City Hall Construction to Breitbach Construction in the amount of $302,005 ACTION ON PULLED CONSENT ITEMS Check Number 023170 Check number 023170 was for yellow rope for the Fire Department. MOTION BY Council member Berning, seconded by Council member Klecker to approve check number 023170 Motion carried unanimously. . M:\Public Data\City Council\Council Minutes\2006 Minutes\Bridget's Draft\M 08-07-06 Draft.doc . . . City of Albertville City Council Minutes August 7, 2006 Page 3 of 10 PUBLIC HEARING NOTICES PROPOSED MODIFICATIONS TO THE DEVELOPMENT PROGRAM FOR MUNICIPAL DEVELOPMENT DISTRICT No.1 AND ESTABLISHMENT OF TAX INCREMENT FINANCING DISTRICT No. 12 AND ADOPTION OF PLANS THEREOF (WINKLEMAN BUILDING COMPLEX- EULL CONCRETE SITE) Annrove Resolution No. 2006-xx entitled a Resolutiol}. Annrovinl! a Modified Develonment PrOlrram for Develonment District No. 1 and a Tax Increment Financinl! Plan for Tax Increment Financinl! District No. 12 City Attorney Couri briefly stated that the Modified Development Program for Development District No. 1 and a Tax Increment Financing (TIF) Plan for Tax Increment Financing District (TIF) No. 12 is in the final stages of preparation with the exception of the Proposed Contract for Private Redevelopment between the City of Albertville and Schultz & Schupp LLC. The Redevelopment Plan for Tax Increment Financing (TIF) District No. 12-Eull Concrete is a standard plan, which most Cities and Financing agencies follow. Mayor Peterson opened the public hearing at 7:05 p.m. Mayor Peterson asked ifthere was anyone in the audience regarding the public hearing for the proposed modifications to the development program for municipal development District No. 1 and establishment of Tax Increment Financing (TIF) District No. 12 and adoption of plans thereof for the Winkleman Building Complex formerly known as the Eull Concrete Site. There was no one present to share comments relating to the current public hearing. Mayor Peterson closed the public hearing at 7:06 p.m. MOTION BY Mayor Peterson, seconded by Council member Berning to approve Resolution No. 2006-xx entitled a Resolution Approving a Modified Development Program for Development District No. 1 and a Tax Increment Financing Plan for Tax Increment Financing District No. 12 with the recommendations from the Planning and Zoning Commission and with staffs recommendations. Motion carried unanimously. Annrove revised Resolution No. 2006-xx entitled a Resolution Annrovinl! a Preliminary Plat for Schultz & Schunn. LLC at 5836 Larl!e Avenue NE. which renlaces Resolution No. 2006-31 City Planner Brixius asked that this item be removed from the agenda to be placed on the Monday, August 21, 2006 City Council agenda to allow staff additional time to work with the applicant in reviewing the preliminary plat. M:\Public Data\City Council\Council Minutes\2006 Minutes\Bridget's Draft\M 08-07-06 Draft.doc . City of Albertville City Council Minutes August 7, 2006 Page 4 of 10 Aoorove a Prooosed Contract (or the Tax Increment Finance CTIF) District No. 12 City Administrator Kruse informed the Council that he placed a draft of a Proposed Contract for the Tax Increment Finance (TIF) for District No. 12. It is for the Council's review and will be placed on the August 21,2006 City Council agenda. Council recommended that staff amend the draft to eliminate the terminology in the Contract pertaining to the sale of medical supplies. City Administrator Kruse stated that the contract would be based on the shell ofthe building, not so much as to the operation within the building. Staffwill share the information with Kennedy and Graven. ALBERTVILLE PLAZA 2ND ADDITION Aoorove Resolution No. 2006-xx entitled a Resolution Aoorovin~ a Site and BuilginQ: Plan Review. Preliminary and FiVal Plat. and Conditional Use Permit (CUP)/planned Unit Develooment (PUD) Amendmeqt for Albertville Plaza Second Addition located at CSAH 19 and CSAH 37 in the Citv of Albertville Mayor Peterson opened the public hearing at 7:15 p.m. . City Planner Brixius brought to the Council's attention that RJ Marco Construction has submitted an application for site and building plan review, preliminary and final plat, and conditional use permit/planned unit development (CUP/PUD) for the property located along CSAH 19 and CSAH 37 within the Albertville city limits. Upon the review of the staff reports and hearing public testimony at the Planning and Zoning Commission, the Commission has recommended approval subject to conditions outlined in the staff report dated June 29,2006. The applicant has submitted revised platting, grading, drainage, utility and site plans to respond to the conditions included in the initial report. Staff prepared a revised resolution, which is included within the August 7, 2006 Council packet that relates to the proposed automotive service center and retail development to be constructed in the Albertville Plaza Second Addition. Staffhas reviewed the parking requirements on the site, which the automotive uses the credited 1,000 square-feet for storage area in determining parking requirements per the 2005 Albertville Municipal City Code - Zoning Ordinance. The site and building plan review demonstrates two fewer spaces than required by the 2005 Albertville Municipal City Code - Zoning Ordinance, but provides parking on the street in the revised plans. Staff would like to investigate lengthening the on-street parking stalls to accommodate larger vehicles. Mayor Peterson closed the public hearing at 7:26 p.m. . M:\Public Data\City Council\Council Minutes\2006 Minutes\Bridget's Draft\M 08-07-06 Draft.doc City of Albertville City Council Minutes August 7, 2006 . Page 5 ofl0 Mayor Peterson inquired about the potential of outdoor storage of vehicles that are in the process of being repaired. Is there a chance to stipulate that the vehicles are parked within the building in the evening hours, when the business is not in operation? City Planner Brixius expressed a concern with the parking around the site also. Council felt there was a challenge regarding the site with the parking and circulation. City Attorney Couri stated that as part ofthe motion the Council could state that there would be no other storage or obstructive vehicles stored outside the building after business hours. Couri wanted to add that part ofthe motion pertaining to Lot 2, Block 1 is with the Assistant City Engineer's comments. Council and staff addressed a concern with the noise issue. To be consistent with previous application, the doors on the south-side ofthe building that abut the residential area remain closed during hours of operation. The exception to opening the doors would be to drive the vehicles in and out of the building. Council reminded staff and the applicant of the signage that would be illuminated to ensure it meets the 2005 Albertville Municipal City Code to follow the hours in which it may be lite. . Reg Plowman, representing RJ Marco and the applicant, brought to the Council's attention that a revised landscape plan was submitted directly to the City, not the City Planner, that could be why Mr. Brixius has not seen the plans. Mr. Plowman stated that on behalf of Goodyear that they would most likely be able to follow the additional restrictions made this evening pertaining to keeping the south doors closed during and after hours of operation to reduce the noise. Mr. Plowman would notify Goodyear of the codes that pertain to the illumination of the signage. MOTION BY Council member Vetsch, seconded by Council member Klecker to approve Resolution No. 2006-xx entitled a Resolution Approving a Site and Building Plan Review, Preliminary and Final Plat, and Conditional Use Permit (CUP)/Planned Unit Development (PUD) Amendment for Albertville Plaza Second Addition located at CSAH 19 and CSAH 37 in the City of Albertville with the recommendations from the Planning and Zoning Commission and with staff s recommendations. Motion carried unanimously. Aoorove Resolution No. 2006-xx entitled a Resolution Vacatinl! a Drainal!e and Utility Easement for Outlot A Albertville Plaza Addition Mayor Peterson opened the public hearing at 7:53 p.m. . City Attorney Couri reported that the drainage and utility easement located on Outlot A of Albertville Plaza needs to be vacated since it is no longer needed for public purposes in the Albertville Plaza Second Addition. M:\Public Data\City Council\Council Minutes\2006 Minutes\Bridget's Draft\M 08-07-06 Draft.doc . City of Albertville City Council Minutes August 7, 2006 Page 6 of 10 Mayor Peterson closed the public hearing at 7:55 p.m. MOTION BY Council member Vetsch, seconded by Council member Klecker to Approve Resolution No. 2006-xx entitled a Resolution Vacating a Drainage and Utility Easement for Outlot A Albertville Plaza Addition with the recommendations from the Planning and Zoning Commission and with staffs recommendations. Motion carried unanimously. City Attorney Couri reported that the Albertville Plaza Second Addition Developer's Agreement would be presented to the Council for approval at the August 21, 2006 City Council agenda. REQUEST TO RE-SCHEDULE PUBLIC HEARING FOR 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 (FRASER STEEL SITE) TO BE HELD ON TUESDAY, SEPTEMBER 5, 2006 AT 7:00 P.M. OR SOON THEREAFTER Mayor Peterson opened the public hearing at 7:59 p.m. . City Administrator Kruse reported that the necessary documents for the proposed Tax Increment Financing (TIF) District No. 13 are not ready; therefore recommended that the Council table the public hearing until the September 5, 2006 City Council meeting. Mayor Peterson continued the public hearing to the Tuesday, September 5, 2006 City Council meeting. DEPARTMENT BUSINESS PUBLIC WORKS AND PARKS MAINTENANCE DEPARTMENT Monthlv Reoort Public Works Supervisor Guimont briefly reviewed his report with the Council informing them that playground equipment has been installed at Four Seasons Park, the gazebo at Villas Park is complete, along with other miscellaneous items for the other parks located within Albertville. Assistant City Engineer Nafstad commented on the marking ofthe School Zone, stating that a resident called inquiring why Main Avenue NE is not marked as a School Zone. Council directed staff to research the School Zone status and to report at the August 21, 2006 meeting the findings regarding the marking of 50th Street NE and Main Avenue NE for a School Zone. . M:\Public Data\City Council\Council Minutes\2006 Minutes\Bridget's Draft\M 08-07-06 Draft.doc . . . City of Albertville City Council Minutes August 7, 2006 Page 7 of 10 S.E.H. STATUS UPDATE ON WASTEWATER TREATMENT PLANT EXPANSION City Administrator Kruse stated that S.E.H. provided an update on the progress of the Albertville Wastewater treatment Plant Expansion. As noted in the memo, along with Payment Application No. 14F includes a Change Order No.2 in the amount of $2,499, which requires Council approval. MOTION BY Council member Fay, seconded by Council member Berning to items 3, 4, and 5 of Change Order No.2. Motion carried unanimously. Staffwill obtain additional information pertaining to items 1 and 2 ofthe Changer Order for approval at the August 21, 2006 City Council meeting. FINANCE DEPARTMENT Accounts Receivable Status Undate Finance Director Lannes reported that the total accounts receivable outstanding through August 3,2006 is $90,014.76. The majority of the over 90-days outstanding is due from gold Key Development, Yearwood Development and the STMA School District. Council directed staffto contact the STMA School District regarding the status ofthe outstanding balance. Proiect Status Undate Finance Director Lannes asked if the Council had any questions or concerns pertaining to the August 4,2006 Project Status Update. Reauest for Council Action to Award Bid "c" for Prairie Run Wear Course Finance Director Lannes reported that at the July 17, 2006 Council meeting the Council awarded the 2006 Overlay Project with the exception of Bid "C". Staff is looking for Council to award Bid "c" for the Prairie Run Addition wear course in the amount of$78,298 as part of the 2006 Overlay Project. MOTION BY Council member Vetsch, seconded by Council member Klecker to award Bid "c" as part of the 2006 Overlay Project to Buffalo Bituminous in the amount of$78,298. Motion carried unanimously. M:\Public Data\City Council\Council Minutes\2006 Minutes\Bridget's Draft\M 08-07-06 Draft.doc . City of Albertville City Council Minutes August 7, 2006 Page 8 of 10 PLANNING AND ZONING GEM Develonment - Granite-Tons. ~LC - ZonJm!: Text Amendment for Industrial Wall Si[ffial!e-AnDrove Ordinance No. 2006-xx entitled an Ordinance Amendinl! Section 10-7-8 of Chanter 7 Relatinl! to Permitted Business Si[ffis City Planner Brixius informed the Council that Granite-Tops LLC has applied for a Zoning Text Amendment to allow for a greater number of industrial signs on the building face. What is being proposed is to allow four front wall signs displaying their business, a generic list of their products, the location of their commercial showroom, and a sign displaying the product SileStone. According to the 2005 Albertville Municipal City Code-Zoning Ordinance the current industrial sign regulations does not permit the requested signs. City Planner Brixius stated that in order to amend the industrial front wall sign ordinance is a policy decision made by the Planning and Zoning Commission and the City Council. The Planning and Zoning Commission discussed the amendment at the July 11, 2006 meeting and recommends amending the 2005 Albertville Municipal City Code-Zoning Ordinance to allow a greater amount of signage for industrial sites or to reject the request. . MOTION BY Council member Vetsch, seconded by Mayor Peterson to approve GEM Development - Granite-Tops, LLC - Zoning Text Amendment for Industrial Wall Signage- Approve Ordinance No. 2006-xx entitled an Ordinance Amending Section 10-7-8 of Chapter 7 Relating to Permitted Business Signs with the recommendations from the Planning and Zoning Commission and with staffs recommendations. Motion carried unanimously. Albertville Medical Clinic-Buildinl! LLC - Annrove Resolution No. 2006-xx entitled a Resolution Annrovinl! a Site and Buildinl! Plan Review. Preliminarv and Final Plat. and Conditional Use PermitIPlanped Unit Develonment CUP/PUD) Amendment for Albertville St. Michael Clinic Located at Countv Road 19 and Countv Road 18 in the Citv of Albertville City Planner Brixius informed the Council that HDR/Jordan Architects has applied for a Conditional Use PermitIPlanned Unit Development (CUP/PUD) Amendment, Preliminary and Final Plat, Site and Building Plan Review for a new medical clinic within the Albertville city limits. The originally approved plan submitted by the applicant was the construction ofthree (3) buildings on the site and has since reduced the number of buildings done to two (2) on the site. . The revised plans show a number of revisions to the site plan, with the primary improvement being the access and circulation. The access to the property has been shifted west along 51 st Street NE to improve driveway circulation. The applicant added sidewalks in several areas to improve pedestrian circulation through the parking lots. Also provided by the applicant is a connection to the trail along CSAH 19. M:\Public Data\City Council\Council Minutes\2006 Minutes\Bridget's Draft\M 08-07-06 Draft.doc . City of Albertville City Council Minutes August 7, 2006 Page 9 of 10 MOTION BY Council member Klecker, seconded by Council member Fay to approve the Albertville Medical Clinic-Building LLC, approving Resolution No. 2006-xx entitled a Resolution Approving a Site and Building Plan Review, Preliminary and Final Plat, and Conditional Use PermitIPlanned Unit Development CUP/PUD) Amendment for Albertville St. Michael Clinic Located at County Road 19 and County Road 18 in the City of Albertville with the recommendations from the Planning and Zoning Commission and with staff s recommendations. Motion carried unanimously. ENGINEERING Bolton & Menk. Inc. Status Undate Assistant City Engineer Nafstad reported that the 52nd Street NE Project has been awarded, the contract has been signed and notice to proceed has been issued. All improvements, with the exception of fencing and a minor punch list of items valuing at about $1,000 have been completed. As far as Towne Lakes 6th Addition, grading throughout the addition has resumed and construction of Lancaster Way NE has begun. . The needed construction easements for 57th Street NE sidewalk have been requested from the residents adjacent to the project, quotes from contractors are being solicited, and possible pole relocation is being discussed with Xcel Energy. Staffwill come back with cost estimates at a future meeting, along with the Council request to research Lambert Avenue NE and 57th Street NE. LEGAL Annrove Resolution No. 2006-xx entitled a Resolution DeclarinQ the Official Intent of the Citv of Albertville to Reimburse Certain Exnenditures from the Proceeds of Bonds to be Issued bv the Citv City Attorney Couri stated that the Internal Revenue Service has issued Treasurer Regulations Minnesota State Statute 1.150-2 providing that proceeds oftax-exempt bonds used to reimburse prior expenditures will not be deemed spent unless certain requirements are met. Therefore this resolution is intended to constitute a declaration of official intent for purposes of Treasurer Regulations; Minnesota State Statute 1.150-2 and any successor law, regulation, or ruling. . MOTION BY Council member Berning, seconded by Council member Klecker to Approve Resolution No. 2006-xx entitled a Resolution Declaring the Official Intent of the City of Albertville to Reimburse Certain Expenditures from the Proceeds of Bonds to be issued by the City. Motion carried unanimously. M:\Public Data\City Council\Council Minutes\2006 Minutes\Bridget's Draft\M 08-07-06 Draft.doc City of Albertville City Council Minutes August 7, 2006 . Page 10 of 10 ADMINISTRATION Written Renort City Administrator Kruse reported on the progress of City Hall and how things are moving along. Again there were a few minor problems such as the curbing along the front of the existing (current) City Hall, which needed to be addressed and has been resolved. An 1-94 Project Implementation Task Force meeting was held at the Country Inn & Suites. The meeting started off a little challenging, but the group seemed to come to an agreement and the understanding of the importance of working together. Reauest for Council Action to Accent the Contract for Low Bid for the <;itv Hall Phone Svstem to (Cable Services in the amount of$32.841.9Q) City Administrator Kruse stated that the City has contracted with Elert and Associates to develop specifications, bidding and facilitate selection of a phone system for the new City Hall. It is the recommendation from Elert and Associate and staffs to accept the low quote of Cable Services of Maple Grove in the amount of$32,841.90. . MOTION BY Council member Fay, seconded by Council member Klecker to approve Request for Council Action to Accept the Contract for Low Bid for the City Hall Phone System to (Cable Services in the amount of $32,841.90. Motion carried unanimously. ADJOURNMENT MOTION BY Council member Klecker, seconded by Council member Berning to adjourn at 8:35 p.m. Motion carried unanimously. r:-;~ ~ Don Peterson, Mayor Bri~l~~~~ . . M:\Public Data\City Council\Council Minutes\2006 Minutes\Bridget's Draft\M 08-07-06 Draft.doc .(g . . Albertville City Council August 7, 2006 Attendance Page 1 PRINT Name Address Jane Doe 1325 Any Street NE 73" W$S" 1/, ~ '2..2.. s. <1 \~ S~, ~\ II &1 () ~ 4--1 A 51.. City Albertville It &0 ~'f II J LJ (.,~, {b.//.'- /MAc .//'i"-'lv/'f--R'P/'~ <Jr, ~'c::kJ-/ so~ ~f N-O -,/Ie "", -. I, {;! 0 t1AT t( 5 ;/c-1?c ~ v:~. Lt~ o It S1 2. .. ':1'7 -a, ~ be~Tvl(fe 1/ >~ l{ !;/ <:r M:\Public Data\City Council\2006 Public Hearing Attendance.doc Ib<tV/ II~ ~~i~ r+-\ \0 e~\' fir(,e f~(;V'; ((C!... A- J....? f:T. ILL':