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2006-09-05 CC Minutes . . . ~ A!~~t!'!tlL€ ALBERTVILLE CITY COUNCIL September 5, 2006 Albertville City Hall 7 :00 PM PRESENT: Acting Mayor LeRoy Berning, Council members John Vetsch, Ron Klecker, and Tom Fay, City Attorney Mike Couri, City Planner Al Brixius, City Engineer Mark Kasma, Assistant City Engineer Adam Nafstad, Finance Director Tina Lannes, Public Works Supervisor Tim Guimont, 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 Fay to approve the agenda as amended and on file in the office ofthe City Clerk. Motion carried unanimously. Adding the following: 7. B. 6. Request for Council Action to Accept the Low Bid from S & T Office Products for the Furniture for the new City Hall 7. E. 2. Albertville Plaza Addition - Amendment to the Developer's Agreement 7. F. 5. Irrigation System for the City Hall site (discussion item) 7. F. 2. Proposed 2007 Fee Schedule to be included with the discussion at the City Council Workshop Removing the following: 7. B. 5. Proposed 2007 Fee Schedule (discussion item) MINUTES MOTION BY Council member Fay, seconded by Council member Klecker to approve the August 9, 2006 City Council Budget Workshop as presented and on file in the office ofthe City Clerk. Motion carried unanimously. MOTION BY Council member Klecker, seconded by Council member Vetsch to approve the August 21, 2006 regular City Council minutes as amended and on file in the office of the City Clerk. Motion carried unanimously. M:\Public Data\City Council\Council Minutes\2006 Minutes\M 09-05-06 Fina1.doc . . . City of Albertville City Council Minutes September 5, 2006 Page 2 of 10 Fraser Steel Proiect Previously Read: 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. Amended to Read: MOTION BY Mayor Peterson, seconded by Council member Vetsch to approve based on 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 18, 2006 City Council minutes for amendments made to these minutes.) CITIZEN FORUM Acting Mayor Berning asked if there was anyone present that wanted to speak to the Council regarding an issue that is not on the agenda. Tom Kohmetscher of Cedar Creek South 6th Addition inquired whether the Council would consider amending the Cedar Creek Developer's Agreement. According to the Cedar Creek Townhouse Association By-laws there is to be an Insurance Agreement relating to the exterior structure of the detached homes within the Cedar Creek South 6th Addition. Following the completion and Certificate of Occupancy each owner of the townhome has obtained Homeowners Insurance, which for the most part would cover the exterior materials of the home. The question Mr. Kohmetscher had was if the Insurance portion of the Developer's'Agreement could be removed from the agreement. City Attorney Couri reported that according to the Cedar Creek 6th Developer's Agreement it states that the Townhouse Association is responsible for maintaining the exterior portion of the homes within the development, which would also include the lawns and snow removal. This language was put in place to ensure the detached townhomes are kept in reputable or good condition. City Attorney Couri reported the one solution to possibly consider would be to have the Townhouse Association amend their By-Laws to list the Homeowner's Association on the individual owner's Insurance Policy. Council tabled the potential amendment to the Cedar Creek 6th Addition Developer's Agreement until a future Council meeting to allow time for City Attorney Couri and the Association to work on the proper language for the By-Laws or Developer's Agreement. M:\Public Data\City Council\Council Minutes\2006 Minutes\M 09-05-06 Fina1.doc . . . City of Albertville City Council Minutes September 5, 2006 Page 3 of 10 CONSENT AGENDA MOTION BY Council member Vetsch, seconded by Council member Klecker to approve the consent agenda pulling E. Motion carried unanimously. A. Approve payment of claims check numbers 023237 to 023273 B. Approve S.E.H. Engineer's recommendation for Application for Payment No.5 (Final) for CSAH 37 Trail Construction to Omann Brothers, Inc. in the amount of$19,086.79 C. Set Monday, December 4,2006 at 6:00 p.m. as the 2007 Truth-In-Taxation Hearing and, if necessary, reconvene on Monday, December 18, 2006 at 6:00 p.m. D. Approve Bolton & Menk, Inc. Engineer's recommendation for Application for Payment No.4 and Final for Hunter's Pass Lift Station to CCS Contracting in the amount of$15,688 E. Approve Bolton & Menk, Inc. Engineer's recommendation to release the Letter of Credit for Kollville 2nd Addition in the amount of$12,500 F. Approve Bolton & Menk, Inc. Engineer's recommendation to reduce the Letter of Credit for Towne Lakes 4th Addition from $200,000 to $52,000 G. Approve Bolton & Menk, Inc. Engineer's recommendation to reduce the Letter of Credit for Shoppes at Prairie Run from $101,876 to $52,500 ACTION ON PULLED CONSENT ITEMS Aoorove Bolton & Menk. Inc. Emrineer's recommendation to release the Letter of Credit for Kollville 2nd Addition in the amount of$12.500 Council inquired as to what portion of the Kollville Estates the Letter of Credit applies to. Staff reported that the Release of the Letter of Credit applies towards the attached townhomes located on 64th Lane NE within Albertville. MOTION BY Acting Mayor Berning, seconded by Council member Klecker to approve Bolton & Menk, Inc. Engineer's recommendation to Release the Letter of Credit for Kollville 2nd Addition in the amount of$12,500. Motion carried unanimously. DEPARTMENT BUSINESS PUBLIC WORKS DEPARTMENT Reauest for Council Action to Reoair the Central Park Shelter and Gazebo PW Supervisor Guimont reported that the city received $15,771.24 from the insurance company for the 2005 storm damage. Staff used funds to repair some of the areas, which deemed the need. Staff did not repair other areas, which did not require as much attention. The balance of the insurance funds was $8,931.24, which staff recommends using towards the repairs towards the City's Central Park Shelter and Gazebo. In addition to the repairs, staff is inquiring Council approval to build a 20" x 39" open addition to the west side of the Central Park Shelter. The Knights of Columbus has previously donated $5,000 towards this project and anticipates donating an additional $10,000 in 2007. M:\Public Data\City Council\Council Minutes\2006 Minutes\M 09-05-06 Fina1.doc . . City of Albertville City Council Minutes September 5,2006 Page 4 of 10 Council directed staff to present a detailed report from the Insurance Agent as to how the amount of$15,771.24 was calculated and what areas were reported as damaged. PW Supervisor Guimont reported that Building Official Sutherland went with the Insurance Adjuster around Albertville to document the areas that were damaged. PW Supervisor Guimont would obtain the report from the Building Official and to present it at a future Council meeting. MOTION BY Council member Fay, seconded by Council member Vetsch to approve the Repair to the City's Central Park Shelter and Gazebo using the funds from the $12,900 Storm Damage Insurance monies and $3,968.76 from the Park Building funds for a total cost not to exceed $15,771.24 with City staff reporting on the details of the Insurance Adjuster's figures and move to approve a 20" x 39" open addition on the west side of the Central Park Shelter with funds of $5,000 donated from the Knights of Columbus towards this project and anticipating an additional donation of$10,000 in 2007. Motion carried unanimously. Monthlv Reoort PW Supervisor Guimont stated that staffhas been repairing sidewalks on the west side of Main Avenue NE just south of 5ih Street NE. The curb repair and overlay project are both underway. PW Supervisor Guimont informed the Council that staff has been spending a considerable amount of time this summer inspecting lawns throughout Albertville. Staff is recommending amending the Ordinance pertaining to the height of the weeds and or grass from twelve inches to six inches for vacant lots. The twelve inch appears to be appropriate for developed lots, on which a house has been constructed. On vacant lots within a development it seems to be unattractive to allow the weeds or grass to grow to a height of twelve inches. Staff is looking for Council direction to amend the 2005 Albertville Municipal City Code pertaining to the height of weeds and or grass for vacant lots within Albertville. No action from Council was taken at this time. FINANCE DEPARTMENT Accounts Receivable Status Uodate and Proiect Status Uodate Finance Director Lannes reported briefly on the Accounts Receivable and Project Status Update. Staff noted that the STMA School District had been contacted regarding the status of payment. STMA School District reported that a payment would be forthcoming in the mail. Staff asked if Council had any questions or concerns pertaining to the information that was included in the Council packet. . There were no comments from the Council. M:\Public Data\City Council\Council Minutes\2006 Minutes\M 09-05-06 Fina1.doc . . . City of Albertville City Council Minutes September 5, 2006 Page 5 of 10 Council's Reauest for Research - Prairie Run Sod Reauirements Finance Director Lannes stated that per Council's request, staffhas conducted research pertaining to the sod issue within the Prairie Run Development. Staff found that the City of Albertville requires, in the building permit stage, an "as-built" survey that must be submitted prior to the City's approval to releasing a Temporary Certificate of Occupancy. The builder would submit the "as-built" along with a landscape escrow payment to obtain the Temporary Certificate of Occupancy. The particular property Council is inquiring about has not submitted an "as-built" survey as of August 25, 2006. Council directed staff to conduct additional research pertaining to outstanding sod and tree escrows on file and monitor the length of time allowed to install the sod and trees after the Temporary Certificate of Occupancy has been released to the builder and or property owner. Council's Reauest for Research - Central Park Shelter Rental Procedure Finance Director Lannes reported that according to Council's request, staffhas researched the issue with reserving the City-Central Park Shelter within Albertville. Since the resignation of City staff and FYCC sfaff, there has been some confusion as to who is in charge of the reservation process. Staffhas contacted Sandy Greninger, FYCC Coordinator and brought it to her attention regarding the Council's concern with the reservation process. Staffis looking for Council's direction on how to proceed from here regarding the procedure relating to the City-Central Park Shelter Rental. MOTION BY Council member Fay, seconded by Council member Klecker to accept the Finance Director Lannes' report on the City-Central Park Shelter Rental Procedures and directed staff to work with Sandy Greninger to work on the details of the City-Central Park Rental Procedures and collection of fees. Council noted that the taxpayers should receive priority over ball games that are scheduled. Motion carried unanimously. (See the September 18, 2006 City Council minutes for amendments made to these minutes.) Reauest for Council Action to Accent the Low Bid from S & T Office Products for the Furniture for the new Citv Hall Finance Director Lannes stated that staff advertised for bids with the two low bids coming from S & T Office Products and Marco. Staff is requesting Council to accept the Low Bid of $63,284.00 from S & T Office Products for the Furniture for the new City Hall. MOTION BY Council member Klecker, seconded by Council member Vetsch to accept the Low Bid of $63,284.00 from S & T Office Products for the Furniture for the new City Hall going with the low-back Council chairs. Motion carried unanimously. M:\Public Data\City Council\Council Minutes\2006 Minutes\M 09-05-06 Fina1.doc . . . City of Albertville City Council Minutes September 5,2006 Page 6 of 10 PLANNING AND ZONING JLC Prooerties of Rochester. LLLP for Site and BuildinQ: Plan Review for a Perkins Restaurant at Shoooes at Towne Lakes Two City Planner Brixius informed the Council that GL T Architects and JLC Properties has applied for a Site and Building Plan Review for a new Perkins Restaurant and Bakery to be located within the Shoppes at Towne Lakes Phase 2 Development. Following the Planning and Zoning Commission meeting of August 8, 2006 the applicant has submitted revised plans, which were in response to the conditions of approval from the Planning and Zoning Commission. The revisions include a parking lot landscaping, which is increased, as is landscaping provided on the site perimeter near Laketowne Drive NE. The building design facing the traffic circle is improved per conditions of the Planning and Zoning Commission, and meets the 20% stone and brick requirement ofthe Planned Unit Development (PUD). The truck circulation has improved as well, with additional space for deliveries and smoother circulation. An additional pedestrian walkway is incorporated into the revised plan. The lighting plan demonstrates improvements with the revised plan, which will match the Shoppes at Towne Lakes One and will provide even light across the parking lot. Resolution No. 2006-xx entitled a Resolution Approving Site and Building Plan Review for Perkins Restaurant and Bakery Located at the Shoppes at Towne Lakes Two located at CSAH 19 and Laketowne Drive NE in the City of Albertville has been included in the packet for Council's approval. Within the resolution is listed the Findings of Fact based on review of the evidence received. There will be a cross easement for parking between Perkins and any future businesses within the development. Council inquired from the applicant the hours of operation for the business. The applicant replied the hours of business are 6:00 a.m. to 12:00 midnight. MOTION BY Council member Klecker, seconded by Council member Vetsch to approve Resolution No. 2006-46 entitled a Resolution Approving Site and Building Plan Review for Perkins Restaurant and Bakery located at the Shoppes at Towne Lakes Phase Two Development, which is located at CSAH 19 and Laketowne Drive NE in the City of Albertville. Motion carried unanimously. ENGINEERING 2006 Seal Coat Imorovements Assistant City Engineer Nafstad stated that staff advertised and received bids for the 2006 Seal Coat Improvements. Four bids were received with the low bid for $24,053.70 submitted by Pearson Bros. Inc. Staff recommends awarding the 2006 Seal Coat Bid to Pearson Bros. Inc. in the amount not to exceed $24,053.70. M:\Public Data\City Counci1\Council Minutes\2006 Minutes\M 09-05-06 Fina1.doc . . . City of Albertville City Council Minutes September 5,2006 Page 7 of 10 MOTION BY Council member Vetsch, seconded by Council member Fay to award the 2006 Seal Coat Improvement Bid to Pearson Bros. Inc. at a cost not to exceed $24,053.70. Motion carried unanimously. School Zone Soeed Limit Reauest AssistantCity Engineer Nafstad infomied the Council regarding the request for the School Zone Speed Limit. In order to implement the request, a Traffic Investigation, which would consist of a "school route plan' and a 'school hazard investigation', would need to be completed. 50th Street NE is currently a city street, but Wright County has designated this section of roadway for jurisdiction in 2007. Also taking into consideration that the students currently attending the facility, will transfer to the new High School in 2007 and the facility will change to a Junior High School. It would be premature for an engineering and traffic investigation to calculate numbers and groups of walking students that will be attending the facility in 2007-2008 school year. At this time, staff is not recommending the establishment of School Zone Speed Limit signage to be located on 50th Street NE within the Albertville city limits. Assistant City Engineer Nafstad reported that the Albertville Primary School is currently a two- lane city street with a 30 MPH speed limit. A traffic counts study was conducted in Spring 2006 reporting that there was a 5,400 volume of traffic for the area. Staff has discussed the issue with the Albertville Primary Principal, who stated that adult crossing guards protection is implemented for the kindergarten and 1 st Grader students that cross Main Avenue NE. Do take into consideration with the growth in Albertville, this facility will change re-locating the 1 st grade students in 2007. Council directed staff to conduct additional research as to whether other surrounding communities have proper signage at elementary or school sites and to report back at a future meeting. (See the September 18, 2006 City Council minutes for amendments made to these minutes.) CSAH 19 Soeed Reauest Assistant City Engineer Nafstad stated that staff has reviewed the Council's request for a speed zone study for CSAH 19 south ofCSAH 37. Staffhas prepared a report, which is included in the Council packet for their review and recommendation. MOTION BY Council member Klecker, seconded by Council member Fay to accept the Bolton & Menk, Inc. Engineer's report on the CSAH 19 Speed Study with staff to conduct a new speed zone study upon completion of the County project ofCSAH 19. Motion carried unanimously. M:\Public Data\City Counci1\Council Minutes\2006 Minutes\M 09-05-06 FinaLdoc . . . City of Albertville City Council Minutes September 5, 2006 Page 8 of 10 Stoo Sim at West Laketowne Drive NE Reauest Assistant City Engineer Nafstad reminded the Council that at the August 7,2006 Council meeting a resident requested a stop sign to be placed on West Laketowne Drive NE within a Towne Lakes Development. Staffhas reviewed the traffic and intersections along West Laketowne Drive NE in Albertville. Staff does not recommend the additional stop sign to be installed along West Laketowne Drive NE at this time. MOTION BY Council member Fay, seconded by Council member Vetsch to accept the Bolton & Menk, Inc. Engineer's report regarding a resident's request for a stop sign on West Laketowne Drive NE. Motion carried unanimously. LEGAL Amended Albertville Medical Clinic Develooer's Al!feement City Attorney Couri reviewed the Amended Albertville Medical CHnic Developer's Agreement, which a recent revision was handed out at the September 5, 2006 City Council meeting. City Attorney Couri touched briefly on the revisions that were made of which some were made on pages 3, 4,5,6, 7, 9, and 19 of the Developer's Agreement that was presented at the Council meeting and is on file in the office of the City Attorney. MOTION BY Council member Vetsch, seconded by Council member Klecker to approve the Amended Albertville Medical Clinic Developer's Agreements as on file in the office of the City Attorney. Motion carried unanimously. Amended Albertville Medical Clinic Develooer's Al!feement City Attorney Couri reviewed the second portion of the Amended Albertville Medical Clinic Developer's Agreement, which a recent revision was handed out at the September 5,2006 City Council meeting. City Attorney Couri touched briefly on the revisions that were made of which some were made on pages 3, 4,5,6, 7, 9, 12, and 14 of the Developer's Agreement that was presented at the Council meeting and is on file in the office of the City Attorney. MOTION BY Council member Vetsch, seconded by Council member Fay to approve the Amended Albertville Medical Clinic Developer's Agreements as on file in the office of the City Attorney. Motion carried unanimously. Amendment to Maintenance Al!feement for Albertville Plaza Develooment City Attorney Couri noted that handed out this evening is an Amendment to the Maintenance Agreement for the Albertville Plaza Addition within the City of Albertville. In the Albertville Plaza Development there is a Maintenance Agreement that has a lot known as Outlot A. At the M:\Public Data\City Counci1\Council Minutes\2006 Minutes\M 09-05-06 Fina1.doc . . . City of Albertville City Council Minutes September 5,2006 Page 9 of 10 August 21,2006, the City Council approved "Albertville Plaza Second Addition", which was Outlot A on the Albertville Plaza Addition. Since the approva,l the parties desire to modify the Maintenance Agreement pursuant to this written instrument that will be recorded with the Albertville Plaza Second Addition. MOTION BY Council member Klecker, seconded by Acting Mayor to approve the Amendment to the Maintenance Agreement for Albertville Plaza Addition as presented and on file in the office of the City Attorney. Motion carried unanimously. CITY ADMINISTRATOR Residential Tree Houses (discussion item) Staff reported that is was brought to their attention that a play structure was constructed, which was placed on stilts and placed within a drainage easement. According to the 2005 Albertville Municipal City Code - Zoning Ordinance it is in violation of the setbacks with the exception that it meets the remaining zoning ordinance of a structure less than 120 square feet. In addition to the play structure, staffhas noted that there is an additional shed less than 120 square feet on the lot. It is staffs recommendation that the owner apply for a variance to bring the structure into compliance with the 2005 Albertville Municipal City Code - Zoning Ordinance setbacks. Council has directed staff to report back at a future Council meeting as to what the status of the structure is. Set Citv Council W orkshoo Date City Administrator Kruse asked Council to set a date in September for a Workshop to discuss fees and goals. Council set Monday, September 25,2006 at 7:00 p.m. as the next scheduled Council Workshop. Topics for discussion at the meeting to include: Review Fees (Fee Schedule), Rental of new City Hall Conference Rooms, Council Chamber, Kitchen, etc., lighting on Main Avenue NE, and Rental or Lease ofthe current City Hall located at 5975 Main Avenue NE. Dedication Plaaue for new City Hall City Administrator Kruse stated that a design of a plaque has been included in the packet for Council consideration to be mounted on or within the new City Hall building. City Administrator Kruse will report on a cost estimate at the September 18, 2006 Council meeting. M:\Public Data\City Council\Council Minutes\2006 Minutes\M 09-05-06 Fina1.doc . . . City of Albertville City Council Minutes September 5,2006 Page 10 of 10 Reauest for Council Action to Accent the Audio Visual Eauioment Base Bid olus Alternate No. 2 for one conference room at City Hall City Administrator Kruse reported that staff has advertised and received bids for the Audio Visual Equipment for the new City Hall. Staff is recommending awarding the low bid from Dascom in the amount of$112,552. MOTION BY Acting Mayor Berning, seconded by Council member Klecker to accept the low bid from Dascom for the Audio Visual Equipment Base Bid plus Alternate No.2 for one Conference Room at City Hall eliminating two (2) LCD monitors for staff in the Council Chamber at a cost of $112,552, in which staff will work with the bidder to reduce the cost by $1,000. Motion carried unanimously. Perkins Restaurant and Bakerv Council member Fay commented regarding Perkins request for Council to consider a reduction in Water Access Charges (WAC) and Sewer Access Charges (SAC). Council member Fay addressed the Council to make a motion should Perkins ask to have the WAC and SAC fees be assessed to their property. Staff informed Council that Perkins would be committed to paying the Joint Powers Water Board portion of the WAC fees and could potentially assess the City's portion of the SAC fees over a 5-year time frame. MOTION BY Council member Vetsch, seconded by Council member Fay to allow Perkins Restaurant and Bakery to assess the SAC fees over a 5-year time frame ONLY contingent on the fact that should Perkins bring up the request to assess the fees. Motion carried unanimously. ADJOURNMENT MOTION BY Council member Klecker, seconded by Council member Fay to adjourn at 9:35 p.m. Motion carried unanimously. M:\Public Data\City Council\Council Minutes\2006 Minutes\M 09-05-06 Fina1.doc . . . PRINT Name Jane Doe :::J: b () b &JJ flAcd1- W -l /" J"O/,~ ~/IJ OIL L~~ Albertville City Council September 5, 2006 Attendance Page 1 Address 1325 Any Street NE 5;;) I ;\1o,.'VI sf, lvov"-ft1 5l/87 Jt95 JJ CT ~ )Oq L( ) - '-F'l -;"r.IV ~ Bvp{, ~~#' ~:1, M:\Public Data\City Council\2006 Public Hearing Attendance.doc City Albertville ~.- ~ ;fI be/1..~ '! k, /l-/~-<~/~ <W-~ ~.(L