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2006-12-04 CC Minutes ~ A!~~r!'!iJL€ ALBERTVILLE CITY COUNCIL December 4, 2006 Albertville City Hall 7:00 PM PRESENT: Mayor Don Peterson, Council members John Vetsch, LeRoy Berning, and Tom Fay, City Planner Al Brixius, City Attorney Mike Couri, Assistant City Engineer Adam Nafstad, City Administrator Larry Kruse, Finance Director Tina Lannes, and City Clerk Bridget Miller ABSENT: Council member Ron Klecker 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 Berning, seconded by Council member Fay to approve the agenda adding Street Lights under Administration and on file in the office of the City Clerk. Motion carried unanimously. MINUTES MOTION BY Council member Vetsch, seconded by Council member Berning to approve the Monday, November 20,2006 regular City Council minutes as presented, which are on file in the office of the City Clerk. Motion carried unanimously. CITIZEN FORUM Mayor Peterson asked if there was anyone present that wanted to speak to the Council regarding an issue that was not on the agenda. Dave Shannon with Color Signs Systems addressed the Council regarding the 2005 Albertville Municipal Code pertaining to the sign ordinance. Jay Eull with Lake Community Bank informed the Council that they have been working with Color Signs Systems for a considerable amount of time designing their sign. The sign will be a ground sign located on the corner of 57th Street NE and CSAH 19. The colors selected for the sign are part of the logo, which is part of the Lake Community Bank's trade mark. It was after Color Signs Systems applied for a Building Permit that it was brought to their attention that an ordinance was passed in March 2006 requiring illuminated signs to be back light. City Planner Brixius informed Mr. Shannon and Mr. Eull that it is the glare of the sign that the city is having concerns with. Mr. Brixius went on to explain that when Lake Community Bank M:\Public Data\City Council\Council Minutes\2006 Minutes\M 12-04-06 Final.doc City of Albertville City Council Minutes December 4, 2006 Page 2 of7 Mr. Shannon asked if the Council would consider approving the proposed sign should the applicant apply for a variance. City Attorney Couri wanted an agreement from Lake Community Bank stating that should the variance be denied, Lake Community Bank will remove the temporary light-background illuminated sign. Mr. Shannon and Mr. Eull gave a verbal agreement that Lake Community Bank would remove the sign should the variance for a light background illuminated sign be denied by the City Council. CONSENT AGENDA MOTION BY Council member Fay, seconded by Council member Vetsch to approve the consent agenda pulling items C and F. Motion carried unanimously. A. Approve payment of claims check numbers 023609 to 023657 B. Approve Resolution No. 2006-58 entitled a Resolution for Re-Establishing Unchanged Precincts and Establishing New Voting Location from the S1. Alberts Parish Center to the new City Offices C. Approve Resolution No. 2006-59 a Resolution Setting Fees for Various Services within the City of Albertville D. Approve Resolution No. 2006-60 a Resolution Adopting the 2007 Final Budget E. Approve Resolution No. 2006-63 a Resolution Adopting the 2007 Final Levy F. Approve Resolution No. 2006-64 a Resolution Setting a Public Hearing on Proposed Assessment for Lachman Avenue NE (set Monday, December 18) G. Re-schedule Setting a Public Hearing for the Vacation of Utility Easement in the Towne Lakes 6th Addition (set Monday, December 18,2006) H. Approve Bolton & Menk, Inc. Engineer's recommendation for Payment No.2 for 52nd Street NE Improvement to LaTour Construction, Inc. in the amount of $264,599.61 ACTION ON PULLED CONSENT ITEMS Item C. Aoorove Resolution No. 2006-59 a Resolution Settimz Fees for Various Services within the City of Albertville Council member Berning brought to Council's attention the fee set for reserving the Central Park Shelter. The city has not set the fees for reserving the rooms at the new City Hall, which could be the same or lower than the Park Shelter. Berning suggested amending them to read "to be determined, plus sales tax", which is how the fee schedule reads for reserving the rooms within the new City Hall. MOTION BY Council member Berning, seconded by Mayor Peterson to approve Resolution No. 2006-59 entitled a Resolution Setting Fees for Various Services within the City of M:\Public Data\City Council\Council Minutes\2006 Minutes\M 12-04-06 Final.doc City of Albertville City Council Minutes December 4, 2006 Page 3 of7 Albertville amending the fee for the reservation of Central Park Shelter to read "to be determined, plus sales tax". Motion carried unanimously. Item F. Aoorove Resolution No. 2006-64 entitled a Resolution Settiml a Public Hearim! on Prooosed Assessment for Lachman Avenue NE Staff recommended extending the Public Hearing out to the first meeting in January to allow appropriate time for public notice. MOTION BY Council member Vetsch, seconded by Council member Fay to approve setting Tuesday, January 16,2007 as a Public Informational meeting to discuss and hear public comment on the Proposed Assessment for Lachman Avenue NE. Motion carried unanimously. PUBLIC HEARING ApPROVE RESOLUTION No. 2006-65 ORDER FOR VACATION OF MACKENZIE AVENUE NE THAT LIES NORTH OF 52ND STREET NE AND SOUTH OF THE BURLINGTON NORTHERN RAILROAD WITHIN THE CITY OF ALBERTVILLE Mayor Peterson opened the public hearing at 7:34 p.m. City Attorney Couri reported that when 52nd Street NE was platted a number of years ago it was proposed to construct the cul-de-sac. Since that time city staffhas completed the construction of 52nd Street NE, which does not include the cul-de-sac. Staffhas been in contact with the abutting property owners informing them of the construction and working with them to vacate the cul-de-sac. All property owners were in agreement with the construction of 52nd Street NE. Mayor Peterson closed the public hearing at 7:40 p.m. MOTION BY Council member Fay, seconded by Council member Berning to table Resolution No. 2006-65 entitled a Resolution to Order for Vacation of Mackenzie Avenue NE that lies north of 52nd Street NE and South of the Burlington Northern Railroad within the City of Albertville until the December 18, 2006 Council meeting. Motion carried unanimously. DEPARTMENT BUSINESS FINANCE DEPARTMENT Accounts Receivable Uodate Finance Director Lannes reviewed the Accounts Receivable report with the Council noting that the majority of the over 90 days is due to gold Key Development, Terra Development and Towne Lakes. M:\Public Data\City Council\Council Minutes\2006 Minutes\M 12-04-06 Final.doc City of Albertville City Council Minutes December 4, 2006 Page 4 of7 Prolect Status Uodate Finance Director Lannes reported that per the Council's request a Project Status Update was included in the packet and inquired if there were any questions or concerns. PLANNING AND ZONING Starbucks' Drive-thru Variance-Conditional Use Permit - Aoorove Resolution No. 2006-61 entitled a Resolution AoorovinQ: Starbucks Coffee Conditional Use Permit within the Citv of Albertville City Planner Brixius reported that Starbucks' has applied for a variance-conditional use permit for a drive thru. The application was reviewed at the November 14,2006 by the Planning and Zoning Commission, which the Commission recommended approval with the condition that the parking stalls located along the northeast corner of the site be angled parking to create a one-way circulation pattern parallel to the drive through stacking. The Commission recommended that the applicant shall provide traffic signs to signify a one-way traffic circulation pattern on the north side ofthe building. The drive thru lane and the by-pass lane shall be properly striped and signed to illustrate the separation and show one-way circulation. MOTION BY Council member Berning, seconded by Mayor Peterson to approve the Starbucks' Drive-thru Variance-Conditional Use Permit, which consists of approving Resolution No. 2006- 61, entitled a Resolution Approving Starbucks Coffee Conditional Use Permit within the City of Albertville. Motion carried unanimously. Barthel's Industrial Park 2nd Addition - Aoorove Resolution No. 2006-61 entitled a Resolution AoorovinQ: Barthel's Industrial Park 2nd Addition Preliminary Plat and Final Plat within the Citv of Albertville City Planner Brixius presented Resolution No. 2006-61 approving the Preliminary and Final plat for Barthel's Industrial Park 2nd Addition. The Albertville Planning and Zoning Commission reviewed the Preliminary and Final plat at the November 14, 2006 commission meeting. The Planning Commission recommends approval of Barthel's Industrial Park 2nd Addition. Council asked about the status of the Fraser Steel purchase agreement. City Attorney Couri stated that the Council should have a purchase agreement from Fraser Steel by the next council meeting to be held on December 18, 2006. If Fraser Steel does not approve of the purchase agreement the city would need to re-plat the land. MOTION BY Council member Vetsch, seconded by Council member Fay to approve the Barthel's Industrial Park 2nd Addition, which consists of approving Resolution No. 2006-61 entitled a Resolution Approving Barthel's Industrial Park 2nd Addition Preliminary Plat and Final Plat within the City of Albertville contingent on the Fraser Steel Purchase Agreement. Motion carried unanimously. M:\Public Data\City Counci1\Council Minutes\2006 Minutes\M 12-04-06 Final.doc City of Albertville City Council Minutes December 4, 2006 Page 5 of7 Towne Lakes 7th Addition - Aoorove Resolution No. 2006-66 entitled a Resolution Aoorovinll Towne Lakes 7th Addition Final Plat City Planner Brixius informed the Council that the developer has requested the Towne Lakes 7th Addition Final Plat be extended to the December 18, 2006 Council meeting at which time the Developer's Agreement language will be completed. LEGAL Towne Lakes 7th Addition Develooer's Allreement Towne Lakes 7th Addition Developer's Agreement has been continued to the December 18,2006 City Council meeting. PLANNING AND ZONING Aoorove Ordinance No. 2006-13 entitled an Ordinance Amendinll Section 100.10 (Fees. Charlles and Exoenses) of Aooendix A of the 2005 Albertville Municioal Citv Code to Establish Fees. Cllarlles and Exoenses bv wav of a Zoninll Ordinance City Planner Brixius informed the Council that Ordinance No. 2006-13 is to amend the current fees, charges, and expenses, which are incurred by the city for engineering, planning, attorney and other services related to the processing of applications. MOTION BY Council member Fay, seconded by Council member Vetsch to approve the Approve Ordinance No. 2006-13 entitled an Ordinance Amending Section 100.10 (Fees, Charges and Expenses) of Appendix A of the 2005 Albertville Municipal City Code to Establish Fees, Charges and Expenses by way of a Zoning Ordinance. Motion carried unanimously. ENGINEERING CSAH 19 Corridor Landscaoinll (discussion) Assistant City Engineer Nafstad updated the council regarding the CSAH 19 corridor. Nafstad reported that there will be three medians located within the corridor where landscaping and lighting will be installed. Nafstad stated that he contacted the Public Works Supervisor Guimont for input regarding the maintenance for the medians. Guimont noted that he would prefer mulch over grass; installing mulch would be lower maintenance versus grass that would require addition man hours to water and mow. Nafstad estimated $2,000 to $2,500 per year for maintenance of the landscaped areas. Staff was looking for feedback from the Council as to which direction to proceed with the type of enhancement they would like to see for the CSAH 19 Corridor. The enhancement would include what style of light fixture to include in the Plans and Specifications for the CSAH 19 Corridor. M:\Public Data\City Counci1\Council Minutes\2006 Minutes\M 12-04-06 Final.doc City of Albertville City Council Minutes December 4, 2006 Page 6 of7 Council agreed on the double acorn style to include in the Plans and Specs for the CSAH 19 Corridor. Staff also reported that there are overhead power lines along CSAH 19. At this point the county is not contributing to the expense to put them underground. Staff has contacted Xcel Energy regarding burying the power lines. Xcel Energy shared it is more difficult to work on buried power lines versus above ground power lines. But should the city decide to bury the power lines it would be at the city's expense. MOTION BY Mayor Peterson, seconded by Council member Berning approving staff to draft plans and specifications with Wright County at a cost not to exceed $44,000 and to implement the CSAH 19 Corridor Landscaping to be completed in phases with the construction or development ofCSAH 19. Motion carried unanimously. ADMINISTRATION Albert Villas Stormwater Pondiml Council member Berning reported that both Council members Vetsch and Berning met with St. Michael Mayor Zachman and Council member Hagerty regarding the storm water ponding. St. Michael acknowledges the need for and their willingness to cooperate on Albertville's stormwater ponding in St. Michael if Albertville acknowledges that when the Zachman property develops south of 57th Street NE, the City of Albertville will preserve the right-of-way for a future street to connect the two communities. City Attorney Couri suggested that at this point it would be only a pencil drawing on a plat. It may never be constructed, yet there is the potential that someday down the road it could be constructed connecting the two cities. Albertville Council members stated that they would include a year of 20 15 to be incorporated in the plat for a date it could be resolved. This would allow for the construction of 1-94 and CSAH 19 ramps. Following the construction, the two cities could re-evaluate the potential of connecting the two cities via Main Avenue NE. Council came to the conclusion to continue the discussion contingent on the connection of Main Avenue NE/Edgewood at the next council meeting. Written Reoort City Administrator Kruse updated the council on the construction of City Hall noting that most of the punch list items have been completed. The kitchen equipment has been ordered; however will not be installed in January 2007. M:\Public Data\City Council\Council Minutes\2006 Minutes\M 12-04-06 Final.doc City of Albertville City Council Minutes December 4, 2006 Page 7 of7 Street Lie:hts Council asked staff what the procedure is for reporting malfunctioning street lights throughout Albertville. City Administrator Kruse replied by stating the resident's could contact the city offices to inform staff of a street light. In order for staff to report the malfunctioning light Xcel Energy requires an address where the light is located. Rental of City Office soace (discussion) City Administrator Kruse stated that throughout the month of December to allow the non-profit groups to start using the facility. At the next Council meeting staff will present a proposal on the policy and fees for the rental of the City Hall facilities. ADJOURNMENT MOTION BY Council member Berning, seconded by Council member Vetsch to adjourn at 9:15 p.m. Motion carried unanimously. ~-2..-"...~/~ -~ Don Peterson, Mayor B~. Yltk M:\Public Data\City Council\Council Minutes\2006 Minutes\M 12-04-06 Final.doc