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2007-03-05 CC Minutes AJl?.fi!!.,!ill~ ALBERTVILLE CITY COUNCIL March 5, 2007 Albertville City Hall 7:00 PM PRESENT: Mayor Ron Klecker, Council members Tom Fay, John Vetsch, Dan Wagner, and LeRoy Berning, Assistant City Engineer Adam Nafstad, City Planner Al Brixius, City Attorney Mike Couri, Finance Director Tina Lannes, City Administrator Larry Kruse, Public Works Supervisor Tim Guimont, 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 Wagner, seconded by Council member Berning to approve the agenda as amended adding 8. E. 3. Albertville Ponding Update, and on file in the office of the City Clerk. Motion carried unanimously. MINUTES MOTION BY Council member Wagner, seconded by Council member Fay to approve the Tuesday, February 20, 2007 regular City Council minutes as presented, which are on file in the office of the 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. John Skogman of 12867 - 83rd Street NE of Otsego informed the Council members that the City of Otsego received an application for a gravel pit that would be located on 83rd Street NE and Mason Avenue NE in Otsego. The Otsego Planning Commission denied the application. The Otsego City Council appears to have convinced the applicant to withdraw the application due to future school site that would be nearby. Mr. Skogman wanted to make the Albertville Council aware of the application and the possibility of additional traffic on MacKenzie Avenue NE and CSAH 37 within the Albertville city limits. City of Albertville City Council Minutes March 5, 2007 Page 2 of 10 Tom Carter of 9466 N ashua Avenue NE of Otsego, too wanted to bring the application to the Council's attention and clarified that the weight of the trucks traveling on the streets would be of considerable tonnage. Conley Johnson of5219 Kahl Avenue NE of Albertville asked the Council what the status was on solving the flooding problem in the Albert Villas. City Administrator Kruse informed the resident that the city has submitted an application with the City of St. Michael to allow a storm water retention pond on the STMA School site. City Attorney Couri reported that the STMA School District advertised for bids for the construction for a new High School. The STMA School Board will be opening the bids within the next couple of weeks. After the bids have been opened and the lowest bid is awarded Albertville will have a better idea of what the cost will be to construct the storm water retention pond. Assistant City Engineer Nafstad went on to state that the city is waiting for approval of the application for the storm water retention pond on the school site, which is located in the St. Michael city limits. If all goes smooth and within the time limits the flooding issue within the Albert Villas should be resolved by the end of2007, provided the application is approved and the bidding is awarded. CONSENT AGENDA MOTION BY Council member Vetsch, seconded by Council member Berning to approve the consent agenda pulling no items. Motion carried unanimously. ACTION ON PULLED CONSENT ITEMS There were no items pulled from the consent agenda; therefore no action is necessary. PUBLIC HEARING ApPROVE RESOLUTION No. 2006-69 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 Klecker opened the public hearing at 7:15 p.m. City Attorney Couri reported that the vacation had previously been before the City Council. The public hearing was properly noticed in the local paper as well as sent to the appropriate property owners. Staffwas informed that Dale Rossing, one of the four property owners, had been using the cul- de-sac for access to his property. City Attorney Couri went on to explain that following the City of Albertville City Council Minutes March 5,2007 Page 3 of 10 vacation, what most likely will happen is the road and or cul-de-sac would be divided between the four property owners. John C. James, Attorney representing Dale Rossing informed the Council that his client is against the vacation. Mr. James went on to ask why the city wants to vacate the cul-de-sac now. To the best of his knowledge there does not appear to be any construction or development proposed for the Barthel Industrial Park site. Mr. James explained that Mr. Rossing has access off of Marlowe Avenue NE, but with the access to the cul-de-sac made it more convenient for Mr. Rossing to get around on his property. Mr. Rossing has about a 6-acre piece of land and the two accessing would allow for flexibility should he decide to sub-divide the parcel. City Attorney Couri shared with the Council the fact that about 5-7 years ago the city invested in the construction of 52nd Street NE. City Attorney Couri reported that the cul-de-sac was not constructed at that time because Scherer Brothers Lumber was not ready to acquire the assessment that would be associated with the construction ofthe road. Therefore the cul-de-sac was drawn out on paper with the intent that possibly in the future to construct the road. It was in 2006 when city staff researched and re-evaluated the cul-de-sac. Following the research staff and the abutting property owners came to the conclusion that it appeared to be more beneficial and cost effective to vacate the cul-de-sac rather than build it. City Attorney Couri brought to the Council's attention the fact that the property involved was originally part of the Frankfort Township, which was split between St. Michael and Albertville and was therefore annexed into Albertville. Mayor Klecker closed the public hearing at 7:42 p.m. MOTION BY Council member Berning, seconded by Council member Fay to table Resolution No. 2006-69 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 April 2, 2007 City Council meeting or soon thereafter. Motion carried unanimously. DEPARTMENT BUSINESS BUILDING DEPARTMENT There was nothing to report on at this time. FIRE DEPARTMENT There was nothing to report on at this time. City of Albertville City Council Minutes March 5, 2007 Page 4 of 10 PUBLIC WORKS DEPARTMENT Public Works Supervisor Guimont thanked the Council for the approving the purchase of equipment over the past years. Guimont reported that with the recent snow storms Minnesota had the past two weeks staff greatly appreciated the equipment. Guimont went on to inform the Council that staff is considering letting the outdoor ice rinks go for the season. Guimont explained that by the time staff cleared the snow off the rink, then flooded them, then it is supposed to warm up; therefore not allowing the water to freeze. FINANCE DEPARTMENT Accounts Receivable Update Finance Director Lannes reported that the outstanding receivable, as of February 26 is $63,076.79. The majority of the total is due from Edina Development and Gold Key due to the litigations. Lannes asked if the Council has any additional questions pertaining to the report. Proiect Status Update Finance Director Lannes updated the Council regarding Projects within Albertville. Lannes asked the Council if they had any additional questions regarding the Project Status update. Update on the Wireless Connection between the City Hall to the Fire Hall and Public Works Facility Finance Director Lannes noted that at the February 20,2007 Council meeting, Council had a question regarding bills from Embarq. As reported by staff the city was in the process of installing a wireless connection that would run from City Hall to the Fire Hall and the Public Works Facility. For the next 3-4 weeks these connections will be in a test mode. After that, if everything is working appropriately the city will receive a final bill from Embarq for phone and internet services. Lannes reported that the city will continue to receive bills or invoices from Embarq for various other buildings that have security systems. Such buildings or locations would include Central Park Shelter, Wastewater Treatment Facility and the lift stations that are not part of the wireless connection. Council member Wagner directed Lannes to research the Fire Code or contact Wright County considering going to 800 mhz and report back to the Council at a future meeting. CITY CLERK Set the following 5th Mondays as ioint STMA School Board, City of Albertville, and City of St. Michael meeting, which will be held at various locations · Monday, April 30, 2007 at 6:00 p.m. to be held at the Albertville City Hall in the Council Chamber or Multi-purpose Room City of Albertville City Council Minutes March 5,2007 Page 5 of 10 · Monday, July 30, 2007 at 6:00 p.m. location to be announced, unless Albertville would like to host · Monday, October 29,2007 at 6:00 p.m. location to be announced, unless Albertville would like to host City Clerk Miller reported that the STMA School District Offices inquired about setting up the next j oint meeting consisting of the STMA School Board, City of Albertville and City of St. Michael. The School Offices also wanted to know if Albertville would like to host the first meeting. Miller stated that she reviewed the calendar and would like to set the above dates as the 2007 joint meeting dates. MOTION BY Council member Vetsch, seconded by Council member Fay to approve setting the following 5th Mondays as joint STMA School Board, City of Albertville, and City of St. Michael meeting, which will be held at various locations · Monday, April 30, 2007 at 6:00 p.m. to be held at the Albertville City Hall in the Council Chamber or Multi-purpose Room · Monday, July 30, 2007 at 6:00 p.m. location to be announced. Monday, October 29,2007 at 6:00 p.m. location to be announced. The Albertville Council would like to see the STMA School Board or the City of St. Michael have the opportunity to host a meeting. Motion carried unanimously. PLANNING AND ZONING Field Plaza 2nd Addition - Approve Resolution No. 2007-06 entitled a Resolution Approving the Preliminary Plat and Final Plat for Field Plaza 2nd Addition - Approve Developer's Agreement for Field Plaza 2nd Addition City Planner Brixius stated that Blaine Rentals is requesting Preliminary and Final Plat approval for a minor subdivision to be known as Field Plaza 2nd Addition. Brixius went on to report that the applicant is proposing a lot split, which would create a second buildable lot to the west of the Space Aliens site. Brixius informed the Council that upon review of plat, staff finds that it is consistent with the performance requirements for the B-3, Highway Commercial district. Brixius went on to inform the Council that the applicant is proposing cross access and cross parking easements to coordinate development between the two lots. It was brought to the Council's attention that a Site and Building Plan Review application has not been submitted yet. Therefore additional evaluation must occur at the time when the application is received with a potential user of the site is identified. Once the application has been submitted it will go through the process of review by the Planning and Zoning Commission, and then reviewed by the City Council. There was discussion regarding the park-n-ride lot and the feasibility of relocating the lot. This would allow the applicant the opportunity to purchase the current site to create a larger parcel to City of Albertville City Council Minutes March 5, 2007 Page 6 of 10 develop. Brixius reported that staff has discussed the potential of relocating the park-n-ride lot in the downtown area. Tom O'Brien with Blaine Rentals explained that they have had a number of meetings with staff regarding the fees associated with the construction of the development. Blaine Rentals understood there is a possibility for denial of the subdivision. Mr. O'Brien thought that it was costly to construct the road to meet the standards of a 9-ton road. With the development of Space Aliens the road was constructed to 9-ton road standards. O'Brien felt that an overlay would be sufficient for the use ofthe road, which the developer would agree to help pay for. There was additional discussion between Council, staff and the developer pertaining to the construction of 60th Street NE that would run in front of the proposed site. Staff brought to Council's attention the possibility to negotiate the cost to re-construct the road. Assistant City Engineer Nafstad reported that upon review of the segment of roadway, it is believed that the narrow width, stability and surface condition are inadequate for additional use. Nafstad recommended reconstruction ofthe roadway to 7-ton road standards. A 9-ton road is more for a high volume control road, and some what the weight of vehicles that travel on the road. N afstad also brought to Council's attention the road would not met the standards for width as it is only 24-foot wide; therefore the road would requiring widening to meet the 28-feet standards. Council asked Nafstad to give some pre-estimated cost to reconstruct the road to a 7-ton road. Nafstad gave a very rough estimate of$15,000, which would be the portion of the road that would continue where the 9-ton left off and run to the end of Field Plaza 2nd Addition. Council members questioned how the city could hold the developer to construct the 7-ton road. City Attorney Couri stated it could be one of the requirements when the Site and Building Plan Review application is submitted. MOTION BY Council member Berning, seconded by Council member Wagner to approve Resolution No. 2007-06 entitled a Resolution Approving the Preliminary Plat and Final Plat for Field Plaza 2nd Addition. Berning and Wagner voted aye. Klecker, Fay, and Vetsch voted nay. Motion failed. MOTION BY Mayor Klecker, seconded by Council member Wagner to reconsider the action on the approval of Resolution No. 2007-06 entitled a Resolution Approving the Preliminary Plat and Final Plat for Field Plaza 2nd Addition. Klecker, Wagner, Berning, and Fay voted aye. Vetsch opposed. MOTION BY Council member Berning, seconded by Council member Wagner to rescind the first motion pertaining to the approval of Resolution No. 2007-06 entitled a Resolution City of Albertville City Council Minutes March 5, 2007 Page 7 of 10 Approving the Preliminary Plat and the Final Plat for Field Plaza 2nd Addition. Motion carried unanimously MOTION BY Council member Berning, seconded by Council member Wagner to approve Resolution No. 2007-06 entitled a Resolution Approving the Preliminary Plat and Final Plat for Field Plaza 2nd Addition. Klecker, Berning, Wagner, and Fay voted aye. Vetsch voted nay. Motion carried. MOTION BY Council member Berning, seconded by Council member Wagner to approve the Developer's Agreement for Field Plaza 2nd Addition dated March 5,2007, which was presented at the meeting. Klecker, Wagner, Fay, and Berning voted aye. Vetsch abstained from voting. Motion carried. Appointment to the Planning and Zoning Commission to fill vacancy City Planner Brixius reported that the Planning and Zoning Commission had a vacancy to fill. The position was advertised and the city received three applications. At the February 13,2007 commission meeting the members interviewed the applicants. Upon the interview, rating of the applicants, and running a background check, the Planning and Zoning Commission are recommending Dale Edgren to fill the vacancy. MOTION BY Council member Berning, seconded by Council member Fay to approve the Planning and Zoning Commission members' recommendation to appoint Dale Edgren to fill the vacancy on the Planning and Zoning Commission. Motion carried unanimously ENGINEERING Update on Barthel Property and Arena and Lachman Avenue connection Assistant City Engineer Nafstad gave a brief update on the status of the Barthel Property. Nafstad informed the Council that the TEP Panel is conducting soil testing on the property. These results should be ready for review and presented to Council at the April 2, 2007 Council meeting. At that time staff would discuss with the Council, along with the property owners how to proceed from here. City Planner Brixius informed the Council that NAC has been working with Nafstad to identify if adequate parking and other site requirements can be met on the proposed STMA Ice Arena. Council member Berning shared that during the expansion of the locker room it appeared that Albertville was driving the project when it was really STMA Youth Hockey. Berning wanted to make sure that in the future the STMA Ice Arena Board should lead the next expansion project. City Administrator Kruse stated a second ice sheet is a large project and suggested using an architectural firm to develop plans for the new arena. City of Albertville City Council Minutes March 5, 2007 Page 8 of 10 Council member Berning recommended getting a copy of the layout that NAC has and then present that layout to the STMA Ice Arena Board. Off-Site Ponding Request within the St. Michael city limits Assistant City Engineer Nafstad informed the Council that he felt the workshop held on Monday, February 26 was successful. Albertville staff submitted the appropriate applications to the City of St. Michael for the off-site ponding located on the future STMA School site along with the proposal to compensate St. Michael for lost funds or exchange ofland acre-for-acre. Nafstad went on to report that St. Michael is considering a text amendment to their zoning ordinance pertaining to off-site ponding. Should the text amendment be approved by the St. Michael City Council this would require Albertville to apply for a Conditional Use Permit (CUP). City Attorney Couri pointed out the last paragraph on the response letter from the City of St. Michael that began with "Assuming the ordinance amendment. . . ." This puts Albertville in a narrow time period to acquire the appropriate approvals from St. Michael and coordinate with the construction of the STMA School site. City Planner Brixius informed the Council that NAC had reviewed ST. Michael's zoning ordinance and had been in contact with St. Michael staff obtaining clarification of the ordinances. City Attorney Couri recommended that an Albertville Council member(s) meet again with the St. Michael Council member(s) to discuss what St. Michael members are thinking. Assistant City Engineer Nafstad stated that the letter dated March 1,2007, which was received by the City of Albertville is most likely a counter-offer to the offer that Albertville made. Nafstad commented that this may be the last correspondence Albertville will receive from St. Michael regarding the off-site ponding request. Mayor Klecker suggested that the two (2) Council members that met before should meet again with the St. Michael Council members to negotiate or try to resolve the ponding issue. Council member Berning felt it would not be a beneficial meeting between the Council members. Berning recommended another written counter-offer from Albertville. City Attorney Couri suggested having staff sit-down with staff from St. Michael or Council member(s) to find out exactly what the City ofSt. Michael wants or what St. Michael expects of Albertville. Nafstad confirmed that the response or counter-offer to St. Michael should be written format. City of Albertville City Council Minutes March 5, 2007 Page 9 of 10 Berning wanted to make it clear in the response or counter-offer the financial portion would end here with no further obligations. Albertville does not want it to be an open-ended offer, which St. Michael could come back in 15 or 20 years looking for additional fees. Council member Wagner asked if there were any other options to resolve the flooding concern other than the ponding. Nafstad reported that placing the pond on the School property is the only option and the most cost effective approach Albertville has. Couri informed the Council that his recommendation is to proceed with the current application, but apply for the Conditional Use Permit incase St. Michael denies the current application. Couri continued by sharing with the Council that he would like to contact St. Michael's attorney to discuss the Albertville proposal. Following the discussion it was the consensus of the Albertville City Council directing staff to negotiate with St. Michael on the ponding issue with a counter-offer of a one-lump sum payment. OTHER BUSINESS Brent Kastner, Chairman of the Albertville Park Foundation explained to the Council that a number of residents have formed an Albertville Park Foundation (AFP). What the AFP is looking for residents to help organize a community built playground, which would be centrally located within Albertville. The area the AFP is focusing on is Albertville's Central Park. The AFP is hoping this will bring our community together and form a fun place for our children to play. LEGAL The City Attorney had no additional items to report on. CITY COUNCIL There were no items the City Council wanted to add to the agenda. ADMINISTRATION Status on the Railroad Property - Update on the Barthel Industrial Park - City property - Update on City Buildings - 5964 Main Avenue NE and 5975 Main Avenue NE City Administrator gave a very brief update on the Railroad Property informing the Council that the city would be closing on the purchase within the next few weeks. The Building Official did a report on the city buildings and is considering placing an ad informing the public these buildings would be available for rent or lease. City of Albertville City Council Minutes March 5, 2007 Page 10 of 10 ADJOURNMENT MOTION BY Council member Vetsch, seconded by Council member Fay to adjourn at 11 :00 p.m. Motion carried unanimously. Ji<~ Ron Klecker, Mayor J~t~)~~~~Ll , Bridget Mille Ity Clerk