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2007-02-05 CC Minutes ALBERTVILLE CITY COUNCIL February 5, 2007 Albertville City Hall 7:00 PM PRESENT: Mayor Ron Klecker, Council members John Vetsch, LeRoy Berning, Dan Wagner, and Tom Fay, City Planner Al Brixius, City Attorney Mike Couri, Assistant City Engineer Adam Nafstad, City Administrator Larry Kruse, Finance Director Lannes, PW Supervisor Tim Guimont, WWTP Superintendent John Middendorf, and City Clerk Bridget Miller Mayor Klecker 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 Vetsch, seconded by Council member Berning to approve the agenda as amended: removing under Planning 11.E.2.a. & b.; adding under Engineering l1.FA. Towne Lakes 1 st and 2nd Add. Release Surety Letter of Credit; under Administration 11.H.2. Moving Forward with Ponding; under Administration 11.H.3. Memorandum of Understanding between State ofMN, Albertville, Wright County, Otsego, S1. Michael 1-94 Corridor and Resolution No. 2007-13 entitled a Resolution of Support for State and Federal Funding for the CSAH 19 and CSAH 37 1-94 Interchange Projects Located in Wright County, Minnesota, and on file in the office ofthe City Clerk. Motion carried unanimously. MINUTES MOTION BY Council member Berning, seconded by Council member Fay to approve the Tuesday, January 16,2007 regular City Council minutes as presented and are on file in the office of the City Clerk. Motion carried unanimously. MOTION BY Council member Berning, seconded by Council member Vetsch to approve the Monday, January 22, 2007 joint City Council and Planning and Zoning Commission minutes as presented and are on file in the office ofthe City Clerk. Motion carried unanimously. CITIZEN FORUM Mayor Klecker asked if there was anyone present that wanted to speak to the Council regarding an issue that was not on the agenda. There was no one present to discuss an issue with the Council. M:\Public Data\City Council\Council Minutes\2007 Minutes\M 02-05-07 Final.doc City of Albertville City Council Minutes February 5, 2007 Page 2 of 15 CONSENT AGENDA MOTION BY Council member Fay, seconded by Mayor Klecker to approve the consent agenda pulling item G. and check numbers 023876 and 023877. Motion carried unanimously. A. Approve payment of claims check numbers 023862 to 023889 B. Approve Bolton & Menk, Inc. Engineer's recommendation for Application for Partial Payment No.2 (Final) for 2006 Street Overlay Improvements to Buffalo Bituminous in the amount of$12,489.53 C. Approve Bolton & Menk, Inc. Engineer's recommendation for Application for Payment No.8 (Final) for 2004 Prairie Run Improvements to Dennis Fehn Gravel and Excavating, Inc. in the amount of$90,577.18 D. Approve staff's Request for Council Action (RCA) contracting with Countryside Fence to install chain link fence (storage cubicles) in the City Hall Basement at a cost of $4,300 with funds from the City Hall Construction Account E. Approve staff's Request for Council Action (RCA) purchasing steel storage racking for the City Hall Basement Storage from Menards at a cost of approximately $1,600 with funds coming from the City Hall Construction Account F. Approve Resolution No. 2007-07 entitled a Resolution for agency agreement for Albertville Interchange G. Approve staff's Request for Council Action (RCA) contracting for Janitorial Service for City Hall and possibly the Public Works Facility and Fire Hall H. Approve staff's Request for Council Action (RCA) purchasing a water softener for City Hall ACTION ON PULLED CONSENT ITEMS Item G. AODfove staff's Request for Council Action (RCA) contractinl! for Janitorial Service for City Hall and oossiblv the Public Works Facility and Fire Hall Council members Berning asked if there was a need to contract for all three buildings or if the City could consider contracting for City Hall now and add the PW Building and Fire Hall at a later date. City Administrator Kruse stated that the Council does not have to approve the contract for all three buildings. Staff felt that since we were obtaining quotes for City Hall we asked for the additional buildings. After staff review of the quotes, it appeared to be a reasonable fee for cleaning all the buildings. City Administrator Kruse brought to the Council's attention the fact that PW Supervisor Guimont was present to answer any concerns the Council may have. MOTION BY Council member Berning, seconded by Council member Fay to approve Item G., which is to approve staff's Request for Council Action (RCA) to contract for Janitorial Service with North American Cleaning Service on a monthly basis through December 31, 2008 to clean City Hall, Public Works and the Fire Hall at a cost estimated at $6,392 per year and an additional M:\Public Data\City Council\Council Minutes\2007 Minutes\M 02-05-07 Fina1.doc City of Albertville City Council Minutes February 5, 2007 Page 3 of 15 hourly rate of $16.00 on an as needed basis as per the proposal, which is on file in the office of the City Clerk. Motion carried unanimously. Check numbers 023876 and 023877 Check number 023876 to Northern Tool & Equipment in the amount of$436.71 for repairs to the Fire Hall. The expense was to relocate the pressure washer within the building from the north side of the building to the south side of the building. By moving the pressure washing system to the south side allows it to be more accessible for washing of the fire trucks. Check number 023877 to Northstar Mechanical, Inc. in the amount of$3,200 was to relocate the pressure washer piping. MOTION BY Council member Berning, seconded by Council member Wagner to approve check numbers 023876 and 023877. Motion carried unanimously. ENGINEERING - CSAH 19 IMPROVEMENT PROJECT AODfove Resolution No. 2007-09 entitled a Resolution Acceotin2: the Feasibilitv Studv for CSAH 19 Imorovement Assistant City Engineer Nafstad reported that the Council has been discussing the CSAH 19 Improvement Project at the last couple of council meetings. During the discussion Nafstad drafted a summary and conclusions for council review. Nafstad began stating that all improvements addressed within the Feasibility Study deem feasible from a technical standpoint. In addition, the improvements are necessary to provide adequate transportation facilities and municipal services to the project area, and represent cost effective solutions for doing so. The proposed project consists of adding northbound and southbound lanes, pedestrian facilities, storm sewer facilities, intersection control devices, water main, along with landscaping and lighting on CSAH 19 from approximately 5ih Street NE to the southerly city limits. The City of Albertville has the opportunity to incorporate municipal type improvements with those of the County's into one project. Incorporation of such improvement is believed to be the most cost efficient manor of implementation. The total project costs and the cost apportionment is as follows: · Total Project Cost is estimated at $5,462,915, which does not include overhead costs · City of Albertville portion will be approximately $1,892,729, which includes Albertville's overhead costs M:\Public Data\City Council\Council Minutes\2007 Minutes\M 02-05-07 Final.doc City of Albertville City Council Minutes February 5, 2007 Page 4 of 15 . Wright County's share of the project cost is $3,426,746, which is not including the county's overhead costs . Joint Powers Water Board's estimated cost is $ 255,350, which does not include any overhead costs Nafstad explained that possible funding sources include, but are not limited to, Chapter 429 Improvement Bonds and Municipal State Aid (MSA) construction funds. Nafstad continued by stating that it is staff's understanding that the City Council desires to explore the option of assessing benefiting properties for the city's share of the improvements, excluding costs associated with lighting and landscaping. To explore this potential option, 26 properties receiving benefit from the improvement have been identified and an assessment scenario that consists of three (3) levels of assessment rates has been proposed: Tier 1, Tier 2, and Tier 3 with proposed square foot assessment rates as follows: Tier 1 - $0.60/square foot Tier 2 - $0.30/square foot Tier 3 - $0. 15/square foot Nafstad stated that in January 2004, the Northeast Wright County Transportation Study was completed. The study identified several issues on CSAH 19 including traffic congestion, which recognized significant traffic backups at the intersection of CSAH 19 and CSAH 18. CSAH 19 is a Minor Arterial Highway serving as an important regional north-south corridor in the northeast area of Wright County. CSAH 19 is one ofthe few north-south arterial routes in eastern Wright County. Nafstad reported that Wright County has programmed CSAH 19 Improvements and are ready to begin the process of improving the segment ofCSAH 19 between 57th Street NE to Albertville's southerly city limits and ultimately commencing construction Spring 2007. In order for Wright County to meet this goal, the County is in the process of completing environmental documentation, right-of-way acquisition, and final design. The Council needs the assistance from the City of Albertville to accomplish these tasks. The Council has retained SRF Consultants to provide professional services for these tasks. It is the overall goal of this project to provide additional traffic capacity and improve safety on CSAH 19. The improvements will include a traffic control system at the intersection of CSAH 19 and 50th Street NE, expanding CSAH 19 to a 4-lane divided highway with raised concrete median and turn lanes, improving a portion of 50th Street NE by adding turn lanes, which will provide better intersection geometry, along with the turn lanes it will provide adjacent walkways for pedestrians, and a better driving surface. This project will match into a recently completed project on the north end and is scheduled to continue from Albertville's southerly limits to TH 241 in 2008. M:\Public Data\City Council\Council Minutes\2007 Minutes\M 02-05-07 Fina1.doc City of Albertville City Council Minutes February 5, 2007 Page 5 of 15 Nafstad brought to the Council's attention the fact that the City has the opportunity to incorporate municipal type improvements with those of the County's into one project. Per Wright County's Funding Policy, the cost apportionment that Albertville is responsible for is estimated at 20% of the total cost. Such improvements include an urbanized highway design, pedestrian trails or walkways, relocating overhead utilities to underground, lighting and landscaping amenities. By incorporating such improvements is believed to be the most cost effective manor of implementation. Wright County estimated the cost to place the overhead utilities underground at $150,000, which should be added to the expenses. Council member Vetsch felt that the County should be more responsible for the cost. If the County wants the power lines underground, the County should pay for more of the cost. To expect the current business owners to pay the expense of going from overhead utilities to underground does not seem reasonable. Nafstad reported that the costs associated with the construction ofCSAH 19 Improvements are preliminary at this point. Council was not aware there would be a trail or walkway constructed on both sides of CSAH 19. Council questioned when it was proposed for both? Staff reported that it was always proposed for both sides. Placing the pedestrian trail or walkway on both sides would provide continuity throughout Albertville and across 50th Street NE to the city limits. Council member Berning brought up the question as to what the cost for mitigation would be for the wetland area should the trail continue on the west side across 50th Street NE to the city limits. City Administrator Kruse asked the Council if Albertville recommends altering the Plans and Specs for the CSAH 19 Project. If Albertville alters the Plans and Specs by removing a portion of the trail, would postpone the Project until 2008. City Attorney Couri informed the Council that this is the Public Hearing portion of the CSAH 19 Improvement process. Later in the meeting Council will be approving the Resolution Ordering the Improvement, at that time Council has the ability to alter the Plans or Specs. City Attorney Couri briefly reviewed with the Council the 429 Assessment process, identifying the option Council has to calculate payment of the project. At a future meeting Council will conduct another Public Hearing, which the assessment will be identified and notices will be sent to the property owners informing them how much their portion of the assessment will be. Couri went on to explain that the Council has a number of options to consider and approve tonight. One option is to approve the project, which means go forward with the proposed project M:\Public Data\City Council\Council Minutes\2007 Minutes\M 02-05-07 Final.doc City of Albertville City Council Minutes February 5, 2007 Page 6 of 15 as presented. Second option is to deny the project, which means not to go forward with the project. Third option is to approve the project, which again means go forward with alterations to the proposed Plans and Specs. Couri reminded the Council that the cost associated with the construction is preliminary at this point. MOTION BY Council member Berning, seconded by Council member Wagner to approve Resolution No. 2007-09 entitled a Resolution Accepting the Feasibility Study for CSAH 19 Improvement, and on file in the office of the City Clerk. Motion carried unanimously. PUBLIC HEARING CSAH 19 Imorovement Hearinf! Mayor Klecker opened the CSAH 19 Improvement public hearing at 7:47 p.m. Mayor Klecker asked if there was anyone present regarding the CSAH 19 Improvement Hearing. We ask the resident's to approach the podium one at a time. We ask that everyone have the opportunity to speak at least once before coming back to the podium. Bob Jossart, representative of the Albertville-St. Michael Medical Clinic LLC that is going in at the corner of CSAH 19 and CSAH 18. Jossart expressed his concern and would like to see the project go forward. If the project does not go forward now and becomes delayed until 2008, it would disrupt the medical clinic. Jossart would like to see the pedestrian trail to continue along the west side of CSAH 19 as it would benefit the clinic. Jossart commented regarding the right-in, right-out not being shown on the plans off of 50th Street NE or CSAH 18 into his development. Nafstad responded stating that currently it is a full access, but in the future it could become a right- in, right-out if CSAH 18 is improved. Rick Heuring of 9669 - 240th Avenue, Elk River spoke on behalf of his parents Leander and Monica Heuring. Heuring reported that his parents' situation is different from the others. Because of the fact that the property is currently zoned commercial, pulls it into the assessment roll. Heuring went on to explain that it is proposed to widen the road, which makes it more costly. There is no benefit to my parents to widen the road. The benefit would be to the motorists that travel the road if the city upgrades to a 4-lane divided highway with signalized traffic lights. Mike Leuer-Munstertieger of 3600 Holly Lane, Plymouth represented the property owners of block number 13 and 14. Leuer-Munsterteiger was trying to understand how the Tier system worked and how the figure of $0.60 per square-foot will benefit the property owners for parcel 13 and 14. Leuer-Munstertieger would like to see the Council reconsider going forward with the M:\Public Data\City Council\Council Minutes\2007 Minutes\M 02-05-07 Final.doc City of Albertville City Council Minutes February 5, 2007 Page 7 of 15 project as it would be a hardship to assess the property owners abutting the CSAH 19 Improvement. Brad Mowen, partner to Mike Leuer-Munsterteiger informed the Council that he did some calculations and felt parcel 13 and 14 will be paying approximately $800,000 towards the project. There are very few property owners that abut the CSAH 19 Improvement project, which appears they will be paying for the project. Mowen commented that why should the few property owners be assessed for the project when the traffic count is 15,000 +/-, which is from the general public traveling up and down CSAH 19 and not the property owners. Mitch Duncombe with Can-West Management representing the property owners of parcels 2,3,8, 9, and 10. Duncombe reported that the improvements are great, but these property owners are going to be assessed for the costs, plus the proposed costs for the 1-94 improvements. Duncombe noted that a number of the commercial buildings along CSAH 19 sit vacant, because the business entrepreneurs cannot afford to stay open. Clients are opposed to the proposed assessment. Leuer-Munstertieger asked the Council why Park Dedication Funds are not being considered for the construction of the pedestrian trail. Finance Director Lannes reported that there are not enough funds in Park Dedication to support the project. Mayor Klecker closed the CSAH 19 Improvement Hearing at 8:35 p.m. K. Hovnanian Vacation - Lot 9. Block 3 Hunter's Pass Estates -AoOfove Resolution No. 2007-12 entitled a Resolution AOOfovimr the Draina2:e and Utilitv Vacation for Lot 9. Block 3. Hunter's Pass Estates Mayor Klecker opened the K. Hovnanian Vacation Drainage and Utility Easement public hearing at 8:37 p.m. City Planner Brixius commented that previously K. Hovnanian addressed the Council regarding Lot 9, Block 3 of Hunter's Pass Estates explaining the error of the location of the porch. On the original Certificate of Survey the porch did not extend the entire length of the front of the house. It did not appear to be proportionate upon further review; therefore it was extended placing it in the utility and drainage easement. At the January Planning Commission it was recommended for approval with the Council's comments to have the next three (3) permits reviewed by the City Engineer's firm. Mayor Klecker closed the K. Hovnanian Vacation Drainage and Utility Easement public hearing at 8:39 p.m. M:\Public Data\City Council\Council Minutes\2007 Minutes\M 02-05-07 Fina1.doc City of Albertville City Council Minutes February 5, 2007 Page 8 of 15 MOTION BY Council member Fay, seconded by Council member Berning to approve Resolution No. 2007-12 entitled a Resolution Approving the Drainage and Utility Vacation for Lot 9, Block 3, Hunter's Pass Estates, effective upon the developer's signature on the Easement Vacation Agreement, and on file in the office of the City Clerk. Motion carried unanimously. AOOfove K. Hovnanian Easement Vacation AlZreement City Attorney Couri noted that an Easement Vacation Agreement has been drafted for Council approval. This is a standard agreement ensuring that K. Hovnanian, T & C Homes at Minnesota, LLC herein mutually agree that in the future, the City will review all setback measurements both on renderings and on the building site, for the placement of buildings on the next three (3) building permit applications submitted by the Developer in Hunter's Pass Estates. The review may include having the City engineer or some other surveyor verify that the Certificate of Survey submitted by the Developer is correct. MOTION BY Council member Berning, seconded by Council member Fay to approve K. Hovnanian Easement Vacation Agreement, and on file in the office of the City Clerk. Motion carried unanimously. TINKLENBERG GROUP AND SEH. INC. - PUBLIC INVOLVEMENT PROPOSAL Jodi Ruehle with the Tinklenberg Group reported that the 1-94 Task Force met and what the Tinklenberg Group is proposing is to conduct open houses or workshops bringing together neighboring communities. The workshop would include SEH in some aspects to demonstrate the layouts and phases of implement. Council inquired about the use ofthe $800,000 Federal Funds towards the construction or other costs associated with the process. City Administrator Kruse stated that it would require a process of selecting the engineer to proceed to utilize the Federal Funds. Of the initial $800,000, the City has dedicated $600,000 towards the purchase of land; therefore leaving a balance of $200,000. Kruse reported that staff recommends going forward with the project. A thorough and effective public involvement process should begin in February 2007 with the development of a plan over the course of several months ending in the fall of 2007. But in order to proceed, staff needs to get approval of the Plans and finalize the project to present to the State. MOTION BY Council member Fay, seconded by Council member Wagner to approve the Tinklenberg Group and SEH, Inc. Public Involvement Proposal at a cost not to exceed $68,000, and on file in the office of the City Clerk. Motion carried unanimously. M:\Public Data\City Council\Council Minutes\2007 Minutes\M 02-05-07 Final.doc City of Albertville City Council Minutes February 5, 2007 Page 9 of 15 SEH. INC. - SCOPE OF WORK AND DELIVERABLES LAYOUT Jamieson Sloben with SEH, Inc. explained to Council that CSAH 37 would be one phase, which the portion of the estimated cost is $12M. Staff is doing their best to preserve the full interchange at CSAH 37, plus acquire a full interchange at CSAH 19. Council had concerns regarding Albertville's 1-94 Interchange Project as to whether it is secure. Council is considering constructing the 1-94 Interchange Project in phases, but question whether MnDOT will have the entire Project Recorded. Concern is that an example would be in 2008 Phase 1 is constructed and completed, then a number of years later, Albertville is ready to implement Phase 2, will MnDOT allow the construction? Sloben shared with the Council that Governor Pawlenty has commented about widening 1-94. A suggestion would be for staff to meet with Terry Humboldt now to answer some of the unknowns that Albertville has with the potential of the 1-94 Improvement. MEMORANDUM OF UNDERSTANDING BETWEEN THE STATE OF MINNESOTA. DEPARTMENT OF TRANSPORTATION. DISTRICT 3. WRIGHT COUNTY. CITY OF ALBERTVILLE. CITY OF OTSEGO. and CITY OF ST. MICHAEL: FOR 1-94 CORRIDOR PLANNING RESOLUTION NO. 2007-13 ENTITLED A RESOLUTION OF SUPPORT FOR STATE AND FEDERAL FUNDING FOR THE CSAH 19 AND CSAH 37 1-94 INTERCHANGE PROJECTS LOCATED IN WRIGHT COUNTY. MINNESOTA City Administrator Kruse indicated that the Memorandum of Understanding is made and entered into by and between the State of Minnesota, Department of Transportation, District 3; Wright County, the City of Albertville; the City of Otsego; and the City of St. Michael. All parties with the possibility ofSt. Michael are on board and willing to sign the Memorandum of Understanding along with Resolution No. 2007-13 entitled a Resolution of Support for State and Federal Funding for the CSAH 19 and CSAH 37 1-94 Interchange Projects located in Wright County, Minnesota. MOTION BY Council member Berning, seconded by Council member Wagner to approve Memorandum of Understanding between the State of Minnesota, Department of Transportation, District 3, Wright County, City of Albertville, City of Otsego, and City of St. Michael; for 1-94 Corridor Planning, and on file in the office of the City Clerk. Motion carried unanimously. MOTION BY Council member Berning, seconded by Council member Wagner to approve Resolution No. 2007-13 entitled a Resolution of Support for State and Federal Funding for the CSAH 19 and CSAH 37 1-94 Interchange Projects located in Wright County, Minnesota, and on file in the office of the City Clerk. Motion carried unanimously. M:\Public Data\City Council\Council Minutes\2007 Minutes\M 02-05-07 Final.doc City of Albertville City Council Minutes February 5, 2007 Page 10 of 15 DEPARTMENT BUSINESS BUILDING DEPARTMENT The Building Official did not have anything to report at this time. FIRE DEPARTMENT The Fire Department did not have a report. PUBLIC WORKS AND PARKS MAINTENANCE DEPARTMENT Public Works Supervisor Guimont inquired if the Council had any questions or concerns regarding the Public Works Department. Guimont informed the Council that in 2007-2008 winter season staff is considering flooding additional areas to provide more space for open-free skating. The rinks have been busy this 2006-2007 winter season. WWTP DEPARTMENT Wastewater Treatment Superintendent Middendorf asked if the Council had any questions regarding the treatment plant, reed beds, or anything else. FINANCE DEPARTMENT Accounts Receivable Uodate and Proiect Status Uodate Finance Director Lannes basically stated that total accounts receivable outstanding through January 26,2007 is $68,617.42 with the majority of the over 90 days outstanding due to Gold Key Development, School District and Edina Development. Lannes commented that Council requested monthly Project Updates, but no additional payments have been made since the end of 2006. CITY CLERK There was nothing to report on at this time. PLANNING AND ZONING Lake Communitv Bank Sign Variance - AOOfove Resolution No. 2007-08 entitled a Resolution AOOfoving Lake Communitv Bank Sign Variance (to allow a white background and reduce the amount of illumination bv 50%) City Planner Brixius explained that Color Sign Systems, Inc. and Lake Community Bank have applied for a Variance for business ground signage at Lake Community Bank within Albertville. Color Sign Systems, Inc. obtained a copy of the current 2005 Albertville Municipal City Code M:\Public Data\City Council\Council Minutes\2007 Minutes\M 02-05-07 Final.doc City of Albertville City Council Minutes February 5, 2007 Page 11 of 15 pertaining to business ground signage in February 2006. The following month Albertville Planning & Zoning Commission and the Albertville City Council amended the text regarding the background color of signage. From February 2006 to October 2006 Color Sign Systems, Inc. and Lake Community Bank designed the signage in conjunction with the logo, which is Lake Community Bank's trademark. In November 2006, a sign permit was submitted to the Building Department at which time the applicant was notified of the change in the text. The applicant is requesting a white background to match Lake Community Bank's trademarked logo. Lake Community Bank has agreed to reduce the illumination 50%, which would reduce the amount of light coming from the sign. City Planner Brixius suggested that Council approve Resolution No. 2007-08 entitled a Resolution Approving Lake Community Bank Sign Variance (to allow a white background and reduce the amount of illumination by 50%) with the four (4) conditions: 1. Hours of illumination are limited to 7:00 a.m. to 11:00 p.m. 2. Illumination of the sign does not exceed 500 illumines per square foot 3. The sign height does not exceed thirty (30) feet 4. The sign is located three hundred (300) feet from all residential property lines MOTION BY Council member Berning, seconded by Council member Vetsch to approve Lake Community Bank Sign Variance, approving Resolution No. 2007-08 entitled a Resolution Approving Lake Community Bank Sign Variance (to allow a white background and reduce the amount of illumination by 50%) with the recommendations from the Planning and Zoning Commission and with staffs recommendations. Motion carried unanimously. Field Plaza 2nd Addition - AODfove Resolution No. 2007-06 entitled a Resolution AODfovim! the Preliminary Plat and Final Plat for Field Plaza 2nd Addition - AODfove Develooer's Allreement for Field Plaza 2nd Addition City Attorney Couri asked the City Council to push out the date for the Field Plaza 2nd Addition to the February 20 or March 5 City Council meeting. Niemever Trailer Sales Conceot Plan {discussion item 1 City Planner Brixius reported that Niemeyer Trailer Sales has submitted an application for a concept plan for review to construct a building/warehouse and to allow for an outdoor display of recreational vehicles and trailers. Brixius noted that this did not appear to be a high volume or high traffic concern as it would be a specified destination for potential buyers. M:\Public Data\City Council\Council Minutes\2007 Minutes\M 02-05-07 Fina1.doc City of Albertville City Council Minutes February 5, 2007 Page 12 of 15 The proposed site is currently vacant and is zoned I-I, Limited Industrial. The applicant is looking for feedback from the City as to whether or not the proposed use is appropriate for the site, and what improvements may be necessary to accommodate the use. Council member Vetsch recommended that should the concept go forward, the developer would be restricted to contain or keep the storm water drainage within the site. It was the consensus of the Albertville City Council to proceed with the Niemeyer Trailer Sales Concept plan. Council directed staff to notify the applicant to complete the necessary applications with the conditions to contain the storm water drainage, pushes the parking lot back to avoid potential headlight glare from the residential area across CSAH 37, and to allow the height of the slgnage. ENGINEERING Aoorove Resolution No. 2007-10 entitled a Resolution Orderinl! the CSAH 19 Imorovement Assistant City Engineer Nafstad indicated that the Resolution is to Order the CSAH 19 Improvement, which was discussed earlier in the meeting. Council had concerns with the potential soil borings south of 50th Street NE on the west side of CSAH 19 around the wetlands. Council questioned how much it would cost the City to correct the soil in order to install the proposed pedestrian trail or walkway. Staff commented that should the City need to do some improvements to the trail it would be minor. The City could possibly use a layer of rock and then a thicker layer of bituminous. City Attorney Couri again reminded the Council that staff would calculate the proposed assessment. Couri did state that staff would recommend assessing high, because the Council would have an opportunity to lower the assessment once the cost is more accurate. What the City cannot do is assess low and then raise it after that. City Attorney Couri noted that there are Minnesota State Aide (MSA) Funds, which the City could use a portion of for the CSAH 19 Improvements. These funds are restricted for the usage of county or state roads only. Finance Director Lannes and Assistant City Engineer Nafstad informed the Council that they are looking for direction from the Council to start researching what portion of the MSA Funds the City can use towards the construction of the CSAH 19 Improvements. MOTION BY Council member Berning, seconded by Council member Wagner to approve Resolution No. 2007-10 entitled a Resolution Ordering the CSAH 19 Improvement as presented, along with the recommendation to potentially eliminate the trail on the southwest portion of CSAH 19, obtain additional funds from Wright County, staff to research the MSA Funds, and on file in the office of the City Clerk. Motion carried unanimously. M:\Public Data\City Council\Council Minutes\2007 Minutes\M 02-05-07 Final.doc City of Albertville City Council Minutes February 5, 2007 Page 13 of 15 Adoot WriQht Countv-Citv of Albertville CSAH 19 Imorovement Proiect AQfeement City Attorney Couri briefly reviewed the CSAH 19 Improvement Project Agreement with the Council. Couri noted that clarification is needed regarding Article 2, Item 2, A. Notes Upon completion of the project, the City of Albertville will maintain the storm sewer system along CSAH 19; Article 2, Item 2, H. The City is responsible for additional R1W needed for bituminous pathway, (staff would like to know the square foot); Article 4 City Attorney would like to review in further detail with the Finance Director. No action was taken at this time as the Adoption of Wright Council- City of Albertville CSAH 19 Improvement Project Agreement has been postponed until the February 20, 2007 City Council meeting. Aoorove Resolution No. 2007-11 entitled a Resolution DeclarinQ the Official Intent of the Citv of Albertville to Reimburse Certain Exoenditures from the Proceeds of Bonds to be Issued bv the Citv City Attorney Couri reported this is a standard resolution, which is declaring the official intent of the City of Albertville to reimburse certain expenditures from the proceeds of bonds to be issued by the City for the construction of CSAH 19. MOTION BY Council member Berning, seconded by Council member Wagner to approve Resolution No. 2007-11 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 as amending adding the estimated reimbursement expenditure amount at a cost of $1,652,709.00 and on file in the office ofthe City Clerk. Motion carried unanimously. Aoorove Bolton & Menk. Inc. EnQineer's recommendation for Release of Sure tv for Towne Lakes 1 st and 2nd Addition for the full amount of the remaininQ Letters of Credit Assistant City Engineer Nafstad indicated that David Hempel of CPDC has submitted a request for Release of Surety for Towne Lakes 1 st and 2nd Addition. Staff has reviewed the documents and is recommending that the Council approve the request to Release the Surety and the full amount of the remaining Letters of Credit for Towne Lakes 1 st and 2nd Addition be returned. MOTION BY Council member Berning, seconded by Council member Fay to approve Bolton & Menk, Inc. Engineer's recommendation for Release of Surety for Towne Lakes 1 st and 2nd Addition and that the full amount of the remaining Letters of Credit be returned and on file in the office of the City Clerk. Motion carried unanimously. M:\Public Data\City Council\Council Minutes\2007 Minutes\M 02-05-07 Final.doc City of Albertville City Council Minutes February 5, 2007 Page 140f15 LEGAL Aoorove Citv Attornev's recommendation to not reduce the Letter of Credit for Prairie Run Addition {Gold Kev Develooment l City Attorney Couri reminded the Council that the City is in litigation with Gold Key Development on the Prairie Run Addition. There is an estimated $600,000 in Letters of Credits on the Prairie Run Addition, which Couri is recommending that the City not reduce due to the current defaults of the Developer. MOTION BY Council member Vetsch, seconded by Council member Berning to deny the Developer's request to reduce the Letter of Credit for Prairie Run Addition {Gold Key Development} and on file in the office of the City Clerk. Motion carried unanimously. Set Mondav. March 5. 2007 at 7:00 O.m. or soon thereafter for a oublic hearing for the Vacation of MacKenzie Avenue NE City Attorney Couri informed the Council that in 2006 Council set a public hearing for the vacation of MacKenzie Avenue NE. The notice was published, but staff neglected to mail notifications to the property owners. Staff is looking for Council to set another public hearing, which staff will be certain that notifications are mailed to the appropriate property owners. MOTION BY Council member Berning, seconded by Council member Fay to set Monday, March 5, 2007 at 7:00 p.m. or soon thereafter for a public hearing for the Vacation of MacKenzie Avenue NE and on file in the office of the City Clerk. Motion carried unanimously. ADMINISTRA nON Written Reoort City Administrator Kruse noted that the City Hall construction continues to progress. The HV AC system has been installed. The majority of the kitchen equipment has been installed. Moving Forward with Ponding Mayor Klecker reported that the City should continue to move forward on the ponding issue. Regardless of how the court issue comes out on the Edina Development litigation, the City should take whatever measures it can to correct the oversight. City Attorney Couri agreed with Mayor Klecker to proceed with the ponding issue on the STMA School District's site within the St. Michael city limits. Council member Berning suggested that the Council conduct a public hearing allowing the citizens an opportunity to know how much they could potentially be assessed. City Attorney Couri recommended that the City complete an application with the City of St. Michael for the ponding on the school site. In the meantime, we could notify the appropriate property owners regarding an assessment. Staff and County has a premonition that the City of St. M:\Public Data\City Council\Council Minutes\2007 Minutes\M 02-05-07 Final.doc City of Albertville City Council Minutes February 5, 2007 Page 15 of 15 Michael will deny the application and there is the possibility that the property owners would oppose the assessment. In a court of law, this would demonstrate that the Albertville City Council is attempting to correct the problem that was created by the developer. Following the recommendation by City Attorney Couri, the Council discussed how to proceed with the ponding issue, yet at the same time find a way to preserve the Main Avenue NE connection into the St. Michael city limits. The three items for consideration are: . Main Avenue NE connection into the St. Michael city limits - suggest re-zoning the Zachman and Bistodeau property · Albert Villas property owners - recommended setting a public hearing in mid-March 2007 allowing the owners the opportunity to view their opinions on a potential assessment . Ponding on the School site in the St. Michael city limits Council member Vetsch suggested sending notifications to additional homeowners regarding the possible re-zoning of the Zachman and Bistodeau properties located on 50th Street NE. ADJOURNMENT MOTION BY Council member Berning, seconded by Council member Fay to adjourn at 11 :45 p.m. Motion carried unanimously. (j(<n-- KAJ Ron Klecker, Mayor --- r ~. Y1H~ Bridget Mill , City Clerk M:\Public Data\City Council\Council Minutes\2007 Minutes\M 02-05-07 Final.doc