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2006-08-21 CC Minutes . . . ~ 1\!1?~r.M!L€ ALBERTVILLE CITY COUNCIL August 21,2006 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, Assistant City Engineer Adam Nafstad, Finance Director Tina Lannes, Wastewater Treatment Plant Superintendent John Middendorf, and City Clerk Bridget Miller ABSENT: City Administrator Larry Kruse 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. Adding the following: 7. C. 5. Prairie Run Addition 7. F. 2. Park Shelter Rental Policy 7. F. 3. Park Hours of Operation 7. F. 4. Police Enforcement MINUTES MOTION BY Council member Fay, seconded by Council member Klecker to approve the August 7, 2006 regular City Council minutes as presented and on file in the office ofthe City Clerk. Motion carried unanimously. CITIZEN FORUM Douglas Birk ofSt. Michael stated that he was one of six (6) candidates running for STMA School Board. There were three (3) seats open which serve a four-year term. M:\Public Data\City Council\Council Minutes\2006 Minutes\M 08-21-06 Fina1.doc . . . City of Albertville City Council Minutes August 21, 2006 Page 2 of8 CONSENT AGENDA MOTION BY Council member Berning, seconded by Council member Fay to approve the consent agenda pulling item B. Motion carried unanimously. A. Approve payment of claims check numbers 023177 to 023320 B. Approve Bolton & Menk's recommendation to reduce the letter of Credit for Towne Lakes 5th Addition from $165,000 to $113,307 C. Approve Bolton & Menk's recommendation to reduce the Letter of Credit for Hunter's Pass Estates Addition from $427,320 to $223,788 D. Approve Resolution No. 2006-xx entitled a Resolution Establishing the Annual Retirement Benefit for the Albertville Volunteer Fire Department Effective January 1, 2007 E. Approve Resolution No. 2006-xx entitled a Resolution Adopting the 2007 Preliminary Budget F. Approve Resolution No. 2006-xx entitled a Resolution Adopting the 2006 Tax Levy Collectible in 2007 ACTION ON PULLED CONSENT ITEMS ADDrove Bolton & Menk's recommendation to reduce the Letter of Credit for Towne Lakes 5th Addition from $165.000 to $113.307 Council asked staff if this was the Final Release of the Letter of Credit for the Towne Lakes 5th Addition. Staff informed the Council that this was not the Final Release of the Letter of Credit. MOTION BY Council member Berning, seconded by Council member Klecker to aEProve Bolton & Menk's recommendation to reduce the Letter of Credit for Towne Lakes 5 Addition from $165,000 to $113,307. Motion carried unanimously. DEPARTMENT BUSINESS BUILDING DEPARTMENT Monthlv Reoort Finance Director Lannes asked the Council if they had any comments or concerns relating to the July 2006 Permit Activity Report from the Building Official. There were no comments pertaining to the Permit Activity Report. M:\Public Data\City Council\Council Minutes\2006 Minutes\M 08-21-06 Fina1.doc . . . City of Albertville City Council Minutes August 21, 2006 Page 3 of8 PUBLIC WORKS DEPARTMENT Wastewater Treatment Plant Deoartment Wastewater Treatment Plant Superintendent Middendorf reported that it was the goal to haul approximately 300,000 gallons of sludge. Staff is recommending accepting the quote from Ag Enterprises to haul the sludge at a cost not to exceed $16,000 as staff is unsure as to what the price of fuel wi1l be in the fall of2006. MOTION BY Council member Vetsch, seconded by Mayor Peterson to accept the bid from Ag Enterprises to haul the sludge at a cost not to exceed $16,000. Motion carried unanimously. PUBLIC WORKS DEPARTMENT Wastewater Treatment Plant Exoansion ChanQ:e Order No.2 John Stodola, from S.E.H. informed the Council that additional information pertaining to the geotextile wrap for the 6" reed bed drain pipe and the modification piping of the sludge pump station were included in the packet. The 6" drain pipe has holes in the bottom, which allows the liquid from the sludge that is applied to the reed bed and drains through the rock and sand to be carried back to the treatment processes. It was discussed on site that an improvement would be to wrap the pipe in a geotextile fabric and thereby prevent any of the bed material (sand and rock) from migrating into the pipe. S.E.H. Engineer reported that the valves from the existing return activated sludge pumps were being reused and were 6", not 4" as shown on the plans, for this expansion. This resulted in the contractor having to exchange some 4" pipe fittings and elbows that were purchased for 6" pipe fittings and elbows. MOTION BY Council member Klecker, seconded by Council member Vetsch to approve Wastewater Treatment Plant Change Order No.2 pertaining to "Add for geotextile wrap for the 6" reed bed drain pipe at a cost of $1 ,530" and "Add for modifying piping the sludge pumping station at a cost of $851". Motion carried unanimously. PLANNING AND ZONING Aoorove revised Resolution No. 2006-xx entitled a Resolution AODrovinQ: a PreliminarY Plat and Final Plat for Schultz & Schuoo. LLC at 5836 Lame Avenue NE. which reolaces Resolution No. 2006-31 entitled a Resolution AoorovinQ: a PreliminarY Plat for Schultz & Schuoo. LLC at 5836 LarQ:e Avenue NE City Planner Brixius reported that the Planning and Zoning Commission heard public testimony at the June 2006 meeting and recommended that the City Council approve the site and building plan review and conditional use permit application with the conditions, which are outlined in the June 8, 2006 Planning Report and the June 7, 2006 Assistant City Engineer's memorandum. M:\Public Data\City Council\Council Minutes\2006 Minutes\M 08-21-06 Pina1.doc . City of Albertville City Council Minutes August 21, 2006 Page 4 of8 Brixius went on to explain that staff has been working with the applicant regarding the location of the entrance to the site. Public street right-of-way shall be dedicated over the north western corner of the site to accommodate the extension of Large Avenue NE. The right-of-way and entrance within will allow access to adjacent parcels without the need for cross-easements. The northwest access shall be constructed per the Assistant City Engineer's July 17,2006 concept, provided that an access easement is obtained from the property to the west with all cost being covered by the developer and no cost to be covered by the City. In the event access is not obtained a temporary curb cut shall be placed directly north of the service drive. This access will be eliminated when Large Avenue NE is improved to the west or redevelopment occurs on the property to the west. MOTION BY Mayor Peterson, seconded by Council member Berning to approve Resolution No. 2006-xx entitled a Resolution Approving a Preliminary Plat and Final Plat for Schultz & Schupp, LLC at 5836 Large Avenue NE, which replaces Resolution No. 2006-31 entitled a Resolution Approving a Preliminary Plat for Schultz & Schupp, LLC at 5836 Large Avenue NE. Motion carried unanimously. . A rove r vised Resolution No. 2006-xx entitled a Resolution A a Contract for Private Redevelooment for Schultz & SchuDD. LLC Dave Maroney, from Kennedy and Graven, explained that the Re-development Plan for the Tax Increment Financing (TIF) District No. 12 - Eull Concrete (Winkleman Building) is hereby in all respects approval, subject to modifications that do not alter the substance of the transaction and that are approved by the Council provided that execution of the Contract by such officials shall be conclusive evidence of their approval. Council informed Mr. Maroney that it was expressed at the August 7, 2006 meeting to amend the contract to state that 25% of the occupants being Medical Supplies or similar. Mr. Maroney reviewed the Contract with the Council should the owner fails to keep 25% of the occupants medical tenants. The year in which less than 25% of the tenants are not medical occupants it is the City's option to hold the TIF payments until the owner meets the 25% medical tenant portion of the Contract. MOTION BY Council member Berning, seconded by Mayor Peterson to approve Resolution No. 2006-xx entitled a Resolution Approving a Contract for Private Redevelopment for Schultz & Schupp, LLC. Motion carried unanimously. . Schultz & SchuoD. LLC fWinkleman-Eull Concrete) Develooer's Al!feement City Attorney Couri stated that this is a basic Developer's Agreement similar to those that have been previously approved. The difference is that this property is for Re-development of an M:\Public Data\City Council\Council Minutes\2006 Minutes\M 08-21-06 Fina1.doc . . . City of Albertville City Council Minutes August 21, 2006 Page 5 of8 existing site. Couri brought to the Council's attention the section that pertains to the Dedications to the City. Couri noted that the Developer's Agreement will be amended to include the Administration Fee section, which appears to be missing. MOTION BY Council member Berning, seconded by Council member Klecker to approve the Schultz & Schupp, LLC (Winkleman-Eull Concrete) Developer's Agreement. Motion carried unanimously. Prairie Run Addition Council inquired about issuing Certificates of Occupancy without sod being laid. Assistant City Engineer reported that the Certificates of Occupancy that are issued are Temporary Certificates of Occupancy. The city requires an escrow for sod and trees, which the PW Supervisor Guimont does a site inspection and then approves or denies the release of the escrow. City Attorney Couri stated that the original sod escrow was to obtain a temporary Certificate of Occupancy when the residential dwelling was completed after October of the current year and before May of the consecutive year. Since then the ordinance was amended to allow additional time as homeowners were having a hard time meeting the requirements. LEGAL Albertville Plaza Second Addition Develooer's Al!feement City Attorney Couri informed the Council that the Developer's Agreement for Albertville Plaza Second Addition is a standard agreement between the City and the Developer. Couri stated that according to the agreement the developer shall not be permitted to store truck trailers or other type of trailers overnight on Said Plat except during installation of underground utilities, streets or construction of buildings. No truck trailers or other type of trailers shall be stored overnight on any lot after a certificate of occupancy has been issued for such lot. Also, reported that in the event an automobile maintenance operation is established on any lot in Said Plat, such operation shall keep its south-facing garage doors closed at all times (except for purposes of moving vehicles and supplies into and out of the building) so long as the property immediately to the south of Said Plat is used for residential purposes. Last item brought up was, in the event an automobile maintenance operation is established on any lot in Said Plat, such operation shall not permit the storage of damaged or inoperable vehicles outdoors on such lot. Council amended the Use of Property removing hotel/motel, restaurant, and auto service on the back lot only. M:\Public Data\City Council\Council Minutes\2006 Minutes\M 08-21-06 Fina1.doc . City of Albertville City Council Minutes August 21, 2006 Page 6 of8 MOTION BY Council member Berning, seconded by Council member Klecker to approve the Albertville Plaza Second Addition Developer's Agreement as amended removing the terminology of hotel/motel, restaurant, and auto service on the back lot only. Motion carried unanimously. Albertville Medical Clinic DeveloDer's AQ:feement City Attorney Couri reviewed the Albertville Medical Clinic Developer's Agreement stating that they are similar to the agreements that were presented to the City Council. There were three buildings previously proposed in the agreement. Since then one of the tenants decided to pull out of the location; therefore the developer revised the plans to include two buildings for the site. Couri brought to the Council's attention that an Access Easement has been included as an Exhibit to the Developer's Agreement. MOTION BY Council member Berning, seconded by Council member Klecker to approve the Albertville Medical Clinic Developer's Agreements and staff calculation for fees due prior to recording. Motion carried unanimously. . Albert Villas 6th Addition Letter of Credit City Attorney Couri stated that as we know, there were a number of issues and concerns regarding the development. Assistant City Engineer Nafstad reported that City Administrator Kruse and PW Supervisor Guimont have examined the development observing some areas that require correction. Some of the areas were the sidewalk and build up of debris within the additions. City Attorney Couri concluded stating that staff is looking for direction from the Council whether to release the Letter of Credit or hold off until the corrections have been completed. Council decided to wait until the City Administrator Kruse and PW Supervisor could report; therefore, no action was taken at this time. CITY ADMINISTRATOR Written Reoort Finance Director Lannes informed the Council that staffhas reviewed the bids for furniture for the new City Hall. Staff is not ready to recommend awarding the bid at this time. . Fraser Steel Proiect Finance Director Lannes reported that staff has been working with Fraser Steel on a 25,000 square foot, $2 million dollar expansion. Fraser Steel is looking to the City for Tax Increment Financing (TIF) to allow for the expansion. City Administrator Kruse believes the Fraser project M:\Public Data\City Council\Council Minutes\2006 Minutes\M 08-21-06 Fina1.doc . . . City of Albertville City Council Minutes August 21, 2006 Page 7 of8 has a 95% chance of being successfully completed. It is a wonderful industrial project providing a significant tax base and good jobs. Staff is recommending that the City allow our contractor to do some additional building pad corrections prior to having a Purchase Agreement with Fraser. The City doesn't normally take any financial risk with developers; however, this project merits the City's assistance. Should there be a chance that the deal fall apart, the soil corrections would be an investment for any future owner of the lot. MOTION BY Mayor Peterson, seconded by Council member Vetsch to approve our contractor to do some additional building pad corrections prior to entering into a Purchase Agreement with Fraser Steel. Motion carried unanimously. (See the September 5, 2006 City Council minutes for amendments made to these minutes.) Park Shelter Rental Council inquired what the current process or procedure was for renting the City Park Shelter. It was brought to Council member Berning's attention that a resident was informed by the City to contact Sandy Greninger regarding the available of the park shelter. Finance Director Lannes and City Clerk were uncertain as to what the current procedure was. To the best of their knowledge over the past couple of years the FYCC employee has somewhat taken charge with the number of softball games being played. Finance Director Lannes stated that she would get in contact with Ms. Greninger to inform her that in the future she will need to contact the City as to the availability of the park shelter. Also, should an Albertville resident request to rent the shelter the resident would get priority over a softball tournament. Park Hours of Ooeration Council asked what the hours the park is open to the public. There appears to be a number of young adults hanging out until late hours occasionally causing problems. It was recommended by a Council member to close the park(s) at 9:00 p.m. Mayor Peterson recommended placing the Park Hours on the next agenda for discussion and recommendation to Council. M:\Public Data\City Council\Council Minutes\2006 Minutes\M 08-21-06 Fina1.doc . . . City of Albertville City Council Minutes August 21, 2006 Page 8 of8 ADJOURNMENT MOTION BY Council member Fay, seconded by Council member Berning to adjourn at 9:30 p.m. Motion carried unanimously. ;z ~~ ;I;t. ,;J Don Peterson, Mayor ~, Y); 1flA '. Bridget Miller, - ty Clerk - M:\Public Data\City Counci1\Council Minutes\2006 Minutes\M 08-21-06 Fina1.doc . . . Albertville City Council August 21, 2006 Attendance Page 1 PRINT Name Address City Jane Doe 1325 Any Street NE Albertville ru.'Sr,v_~ ~ ~ 5)~ L,~ II .5 ~ c.; s;- I ..- .5 r;- A Lt?~/(/J/LLE JoHN SToDoLA \JC\ v~ tv\. O(O\~ JlJ~ ~ E I-} , S' west (/ l~rI J:Jf:.. M:\Public Data\City Council\2006 Public Hearing Attendance.doc