Loading...
2007-06-18 CC Minutes ~ AJ~~!!'!UL€ ALBERTVILLE CITY COUNCIL June 18, 2007 MINUTES Albertville City Hall 7:00 PM PRESENT: Mayor Ron Klecker, Council members Dan Wagner, John Vetsch, LeRoy Berning, and Tom Fay, City Planner Al Brixius, Assistant City Engineer Adam Nafstad, City Attorney Mike Couri, City Administrator Larry Kruse, Building Official Jon Sutherland, Fire Chief Tate Mills, and City Clerk Bridget Miller ABSENT: none OTHERS PRESENT: Dave Maroney with Community Partners, Brad Averill with Ebert Construction, T. Baxter Stevens with Fraser Steel, Howard Larson with Radiation Products, Al Keller with GCI or Shoppes at Towne Lakes, Linda Fisher with Albertville Marketplace or Phil Morris Addition, Phil Morris, Neil Weber with Albertville Marketplace Addition 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 Berning, seconded by Council member Fay to approve the agenda as amended adding the following items: Add: 9.FA. 5ih Street Sidewalk update Remove: 9.H.2. Approve 5975 Main Avenue NE Building Lease Motion carried unanimously. MINUTES MOTION BY Council member Vetsch, seconded by Mayor Klecker to approve the Monday, June 4, 2007 regular City Council minutes as amended: MOTION BY Council member Berning, seconded by Council member Vetsch to approve the proposal from Bolton & Menk, Inc. (not Wright County as shown on the agenda) for the purpose of the work to evaluate alternatives to improve CSAH 19 from 67th Street NE to 70th Street NE. The work will include geometric layouts for roadway improvements, and cost estimates for each alternate. The goal of this work M:\Public Data\City Council\Council Minutes\2007 Minutes\M 06-18-07 Final.doc City of Albertville City Council Minutes June 18,2007 Page 2 of 17 is to develop an ultimate long-term agreement concept plan for the CSAH 19 corridor between 6ih Street NE and 70th Street NE, and 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. Howard Larson from Radiation Products wanted to make sure that he had the ability to speak when the Council discussed the adoption of the 1306 Fire Sprinkler Code. Mayor Klecker acknowledged that Mr. Larson wanted to share his concerns with the adoption of the 1306 Fire Sprinkler Code option. Mayor Klecker wanted to take this opportunity to thank Council member LeRoy Berning in another successful Albertville Friendly City Days. Klecker appreciated the efforts, planning, carrying out of duties involved in coordinating the many events that take place during Friendly City Days. Mayor Klecker went on to thank City Clerk Bridget Miller for her efforts in planning the Albertville Friendly City Days softball challenge between Albertville and St. Michael. The time coordinating the players, practices and line up. Lastly, Mayor Klecker wanted to extend a thank you to Miss Albertville Tabitha Forness. From the couple events that Klecker attended, he felt that Albertville was well represented by Miss Forness. CONSENT AGENDA MOTION BY Council member Fay, seconded by Council member Vetsch to approve the consent agenda pulling check numbers 024379, 024385, and 024417. A. Approve payment of claims check numbers 024369 to 024441 B. Approve application from St. Alberts Catholic Church for 2 One-Day 3.2% Malt Beverage Liquor License Applications for the annual Church Festival to be held on Saturday, July 14 and Sunday, July 15 at the St. Alberts Parish Center C. Allow a portion of Lander Avenue NE street to be closed from 5ih Street NE to 58th Street NE during the day of the St. Alberts Church Festival Motion carried unanimously. M:\Public Data\City Council\Council Minutes\2007 Minutes\M 06-18-07 Final.doc City of Albertville City Council Minutes June 18, 2007 Page 3 of 17 ACTION ON PULLED CONSENT ITEMS Check No. 024379 and 024385 Fire Chief Mills reported the expense was for Fire Decals. City Administrator Kruse noted this was for the fence at Central Park. Council member Berning reported that Albertville Friendly City Days committee would be reimbursing the City for a portion of the repair. MOTION BY Council member Berning, seconded by Council member Fay to approve check number 024379 in the amount of$227.38 to Budget Sign Shop Inc. for Fire Department decals, and check number 02385 in the amount of $5,950.00 to Countryside Fence for Parks Department repairs to fences. Motion carried unanimously. Check No. 024417 city Administrator Kruse reported these were for hand sanitizers that were damaged in the portable biffs. MOTION BY Council member Berning, seconded by Council member Fay to hold check number 024417 in the amount of$655.51 to Red's Portable Toilets for Parks Department repair to hand sanitizers within the parks to the Monday, July 2,2007 Council meeting, at which time additional information will be presented. Motion carried unanimously. KATHLEEN POATE WITH 1-94 WEST CHAMBER OF COMMERCE - UPDATE ON 1- 94 INTERCHANGE PROMOTION AND THE CHAMBER'S TRIP TO WASHINGTON Ms. Poate was not present to report on the outcome ofthe trip to Washington. PUBLIC HEARING NOTICE OF PUBLIC HEARING FOR PURPOSES OF CONDUCTING A PUBLIC HEARING RELATING TO A BUSINESS SUBSIDY AND THE PROPOSED ESTABLISHMENT OF ECONOMIC DEVELOPMENT TAX INCREMENT FINANCING ("TIF") DISTRICT No. 13 INCLUDING ADOPTION OF THE TAX INCREMENT FINANCING PLAN THEREFORE, AND MODIFICATIONS TO THE DEVELOPMENT PROGRAM AND BUDGET FOR MUNICIPAL DEVELOPMENT DISTRICT No.1 Mayor Klecker opened the public hearing at 7:09 p.m. M:\Public Data\City Council\Council Minutes\2007 Minutes\M 06-18-07 Final.doc City of Albertville City Council Minutes June 18, 2007 Page 4 of 17 City Administrator Kruse turned it over to Dave Maroney with Kennedy and Graven to present the information for the Tax Increment Finance "TIF" District No. 13. Mr. Maroney explained that Fraser Steel is looking for Council approval on TIF District No. 13 located within the Barthel Industrial Park Addition. Staffhas researched to ensure that Fraser Steel meets the necessary requirements to qualify for Tax Increment Financing. In 2006, Fraser Steel presented a proposal for expansion of their site and building plan, for which City Council approved the consideration for expansion and redevelopment ofTIF District No. 13. Maroney reported that Fraser Steel and staff have put together the Contract for Private Redevelopment with Fraser Building Limited Partnership, which is included in the Council packet for review and Council approval tonight. As you will note, included within the plan is the regular public improvements along with various other minor improvements necessary for the construction. Maroney went on to comment that the City will make the necessary public improvements such as the road and re-platting to assist with the Tax Increment Financing of the project. Maroney noted that the City will deliver Reimbursement Installments subject to receipt and approval of certificates evidencing Public Development Costs up to a maximum aggregate principal amount of$315,000 or $35,000 per year. The amount to be administered will vary on a year-to-year basis for a maximum of nine (9) years. Mayor Klecker asked if the applicant had any comments or concerns pertaining to the TIF. Baxter Stevenson, representing Fraser Steel, approached the Council and thanked the Council for considering the TIF District. Fraser Steel is at full capacity and is asking the Council to approve the TIF District No. 13 to allow a 24,000 square-foot addition to the existing building. City Attorney Couri summarized the contract stating this is an agreement that Fraser Steel has agreed to perform or abide by the terms in accordance with the TIF guidelines that are set in the Minnesota State Statutes. As part of the guidelines, Fraser Steel has acknowledged the section of the contract pertaining to Job and Wage Goals. Fraser Steel understands that within two (2) years after the Benefit Date, the Developer shall create at least 8 new full-time equivalent jobs with a wage of at least $15.00 per hour, exclusive of benefits. City Attorney Couri briefly noted Article V - Insurance portion of the Contract along with Article VI - Delinquent Taxes and Review of Taxes, Section 6.3 that deals with Assessment Agreement and Article IX - Events of Default dealing with what will take place should the Developer default on the Contract. Council questioned how we, the City, verify that Fraser Steel is complying with the agreement. City Attorney Couri and Mr. Maroney stated that it will be Fraser Steel's requirement to complete the necessary reports and statements. The completed reports and or statements will be M:\Public Data\City Council\Council Minutes\2007 Minutes\M 06-18-07 Final.doc City of Albertville City Council Minutes June 18, 2007 Page 5 of 17 sent to the City and the State of Minnesota for review. It is the reports and or statements that will determine whether Fraser Steel is meeting the necessary requirements qualifying them for the continued Tax Increment Financing. Council member Vetsch brought to staff's attention that the dollar amount is left blank. Vetsch wanted to make sure that in the future staff has all the dollar amounts included in the documents, as the Council is unaware of the amount that may be filled in following Council approval. City Attorney Couri reported that amount is estimated at $2.35 per acre plus. Couri went on to explain that the amounts are unknown until the last minute. Maroney added that the amount should be $157,000, which has been included in the Tax Increment Finance plan. Mayor Klecker closed the public hearing at 7:17 p.m. AODfove Resolution No. 2007-xx entitled a Resolution Aoorovim! Contract for Private Redevelooment with Fraser Buildinl! Limited Partnershio MOTION BY Council member Berning, seconded by Council member Fay to approve Resolution No. 2007~xx entitled a Resolution Approving Contract for Private Redevelopment with Fraser Building Limited Partnership, and on file in the office of the City Clerk. Motion carried unanimously. Resolution No. 2007-xx entitled a Resolution Aoorovinl! a Modified Develooment Prol!fam for Develooment District No.1 and a Tax Increment Financinl! Plan for Tax increment Financinl! District No. 13 MOTION BY Council member Fay, seconded by Council member Berning to approve Resolution No. 2007-xx entitled a Resolution Approving a Modified Development Program for Development District No.1 and a Tax Increment Financing Plan for Tax increment Financing District No. 13, and on file in the office ofthe City Clerk. Mayor Klecker, Council members Berning, Fay, and Wagner noted aye. Council member Vetsch abstained from voting. Motion carried. of M:\Public Data\City Council\Council Minutes\2007 Minutes\M 06-18-07 Final.doc City of Albertville City Council Minutes June 18,2007 Page 6 of 17 DEPARTMENT BUSINESS PUBLIC WORKS DEPARTMENT Public Works and Parks Maintenance Public Works and Parks Maintenance Supervisor Guimont did not have anything to report on at this meeting. Guimont would have a report for the next meeting. Wastewater Treatment Plant Request for Council Action accepting the Recommendation from Bolton & Menk, Inc. Engineer regarding Stabilization Pond Abandonment. Assistant City Engineer Nafstad reviewed and explained more on the stabilization of Pond No.2 abandonment. With the expansion of the Plant, staff is monitoring the plant's ability to run appropriately. Eventually all there stabilization ponds will become abandoned. At this point, staff is looking for Council approval to abandon the pond as it is becoming difficult to locate land to accept the sludge. According to the MPCA, you can place the sludge on the land every two (2) years. It was inquired by the Council what the plans are for the area where the pond was located, if it can be filled, graded and potentially built upon. Assistant City Engineer Nafstad reported that there are no plans in place today for grading or other specifics. Should the Council decide, it can be filled, graded and in the future built upon. One portion ofthe expansion to the WWTF is located on Pond No.1, which was abandoned. City Administrator Kruse confirmed that with the expansion of the treatment plant, it was anticipated the City would abandon all the ponds. In place of the ponds, the City constructed the seven Reed Beds. MOTION BY Council member Wagner, seconded by Mayor Klecker to accept the proposed recommendation from Bolton & Menk, Inc. Engineer regarding Stabilization Pond No.2 Abandonment with the following major components; . Preparation of Plans and Specifications of Pond Decommissioning · Submittal and coordination of approval with the MPCA . Administration of the Bidding Process two work tasks necessary to complete the major work components are: Task 1 - Design Phase . Collection of all necessary information . Preparation of plans and specifications M:\Public Data\City Council\Council Minutes\2007 Minutes\M 06-18-07 Final.doc City of Albertville City Council Minutes June 18, 2007 Page 7 of 17 . Submittal of plans and specifications to MPCA and City Task 2 - Bid Phase . Incorporate all City and MPCA requirements . Advertise and Receive Bids in Conjunction with City Staff the costs associated with each task are: 1. Total cost for engineering services for Task 1 - Design Phase, as an hourly not to exceed amount of$5,000. 2. Total cost for engineering services for Task 2 - Bid Phase, as an hourly Motion carried unanimously. FINANCE DEPARTMENT Finance Director Lannes would have the normal items for Council review at the July 2, 2007 C;ouncil meeting as well as preparing the Preliminary Budget for the July 30,2007 Budget Workshop. BUILDING DEPARTMENT Continued Discussion on Amendim! the 2005 Albertville Municinal City Code nertaininl! to 1306 Fire Snrinkler Ontions - Anorove Ordinance No. 2007-xx entitled an Ordinance Amendinl! the Albertville City Code Relatinl! to Adontion of the Buildinl! Code NONE (Fire Sunoression Sorinklers): OR Anoroye Ordinance No. 2007-xx entitled an Ordinance Amendinl! the Albertville City Code Relatinl! to Adontion of the Buildinl! Code SECTION 1306.006 (Fire Sunoression Sorinklers): OR Annrove Resolution No. 2007-xx entitled a Resolution Directinl! City Staffto Enforce Minnesota Rules Section 1306 Relatinl! to the Installation of Fire Sunoression Sorinklers Building Official Sutherland began stating that staffhas researched the areas that the Council inquired about. City Attorney Couri as discussed at the last meeting, when the City adopted the 2005 Albertville Municipal City Code, the fire sprinkler provision was inadvertently adopted. The portion that was adopted was the least restrictive, requiring sprinkling only in new buildings and additions to existing buildings. The question that came out of the June 4 Council meeting was which option should the Council consider and adopt. It appears that the areas ofthe 1306.0030 are the sections E1 and E2. Both sections require the installation of sprinklers in multi-family residential structures. Section E2 is the least restrictive, which does not require installation in smaller multi-family buildings. M:\Public Data\City Council\Council Minutes\2007 Minutes\M 06-18-07 Final.doc City of Albertville City Council Minutes June 18,2007 Page 8 of 17 City Attorney Couri noted there are three options for the Council to consider. One is to approve Ordinance No. 2007-xx, which is amending the 2005 Albertville Municipal City Code. Second option is to approve Ordinance No. 2007-xx, which would amend the 2005 Albertville Municipal City Code to include section 1306.0030, subpart 3 that includes E1 the less restrictive section. Fire Chief Mills stated that as per Council request, he had contacted Buffalo, Elk River, and Anoka/Champlin Fire Chiefs regarding the 1306 Fire Sprinkler Code. Buffalo and Elk River have not adopted the 1306 Fire Sprinkler Section of the MN State Building Code. Part ofthe reason is that it is a newer Chapter of the Building Code, in which various cities throughout the state are slowly adopting. Anoka/Champlin has adopted the 1306 Fire Sprinkler Section of the State Building Code. Anoka/Champlin Fire Chief Charlie recommends cities with volunteer firefighters should adopt Section 1306 with Appendix E. Howard Larson with Radiation Products expressed his concern with the 1306 Fire Sprinkler code. When Radiation Products was constructed the owner invested in a fire resistant type of building. Radiation Products went with the highest rating of fire resistant walls. Mr. Larson thought it was well worth the investment in a fire resistant style building. The amounts of money spent on the fire resistant building would not be worth it to install a sprinkler system. The type of walls used were concrete walls and would not recommend a fire sprinkler system for the building. Al Keller with GCI or Shoppes at Towne Lakes informed the Council that the City of St. Cloud adopted the 1306 Fire Code, which St. Cloud is now questioning ifthey made the correct decision. St. Cloud is possibly losing business or developers because of the Fire Code adoption. The developers are having a difficult time with the expense of adapting the buildings to meet the Fire Code sprinkler system requirement. In St. Cloud, it is estimated to cost $25,000 to install the required 6" main to handle the sprinkler system within the building. Mr. Keller recommended re-evaluating whether to adopt the Fire Code or not. Additional discussion followed the presentation and information that was shared by the two business owners in Albertville. There was a debate on the Pros and Cons regarding the issue of sprinkling a facility or not. Council discussed what portion of the 1306 Fire Code to adopt, whether to go with Subsection E1 or E2. MOTION BY Council member Vetsch, seconded by Council member Wagner to approve Ordinance No. 2007-xx entitled an Ordinance Amending the Albertville City Code Relating to Adoption ofthe Building Code SECTION 1306.006 (Fire Suppression Sprinklers) with Sections 1306, 1306.002, subpart 3, 1306.003 subsection E1, and on file in the office of the City Clerk. Mayor Klecker, Council members Vetsch, Wagner, and Fay voted aye. Council member Berning voted nay. Motion carried. This Ordinance will become effective upon publication and acceptance by the State of Minnesota Building Code. M:\Public Data\City Counci1\Counci1 Minutes\2007 Minutes\M 06-18-07 Final.doc City of Albertville City Council Minutes June 18, 2007 Page 9 of 17 CITY CLERK ADorove "On-Sale" Wine Liauor License and "On-Sale 3.2%" Malt Beveralle Liauor License for Senor PeDDers (continllent on Backllround Check) City Clerk Miller reported that Senor Peppers has applied for an "On-Sale" Wine Liquor License and an "On-Sale" 2.3% Malt Beverage Liquor License for the establishment located in the Shoppes at Prairie Run. The application is contingent on the background check, of which the results from the Wright County Sheriffs Department have been placed on the Council desk. It is at the Council's discretion whether to approve the liquor licenses or not. Council member Berning commented that Albertville should not approve additional liquor licenses until the City can get control of the current license. Berning directed staff to conduct a more extended background check with the BCA. MOTION BY Council member Berning, seconded by Council member Fay to table the approval of the "On-Sale" Wine Liquor License and "On-Sale 3.2%" Malt Beverage Liquor License for Senor Peppers contingent on Background Check with the BCA, and on file in the office of the City Clerk. Motion carried unanimously. Citv Council WorkshoD with Wrillht Countv Sheriffs DeDartment orillinallv set for Mondav. June 25 - re-scheduled to Mondav. Julv 23 at 7:00 D.m. Council approved re-scheduling the Wright County Sheriffs Department to Monday, July 23 beginning at 7:00 p.m. with and not limited to the following topics: · Discussion of Golf Carts within the Albertville city limits, especially along Karston Avenue NE · Speed limits along CSAH 19 north and south Set Items for Citv Council WorkshoD to be held on Mondav. June 25 to bellin at 7:00 D.m. Council set the following items for the upcoming June 25 City Council Workshop: · Sign Concerns and Issues such as; Freeway Signage Height; Number Of Freestanding Signs Allowable; LED or Electronic Signage · Wastewater Treatment Plant; Stabilization Of Pond No.2; Update On Reed Beds - Odor . Parkside Commercial Park M:\Public Data\City Council\Council Minutes\2007 Minutes\M 06-18-07 Final.doc City of Albertville City Council Minutes June 18,2007 Page 10 of 17 · Golf Carts - Discussion with Wright County Sheriff s Dept. - Consider Adoption of MN State Statute . Noise Ordinance Review PLANNING AND ZONING AnDfove Barthel Industrial Park (52nd Street NE) Final Plat - Purchase AlZreement Between the Citv of Albertville and Fraser Steel - InlZress - ElZress Plat City Planner Brixius reported that in conjunction with the Fraser Steel application for an addition to the existing facility, the City of Albertville has been evaluating the Barthel Industrial Park Addition. Included in the evaluation is the consideration of re-platting the addition, which would involve the vacating of MacKenzie Avenue NE. The proposed plat is to subdivide the areas north of 52nd Street NE into three lots and one outlot; and the land south of 52nd Street NE would be subdivided into two lots and one outlot. The revised final plat has been submitted to reflect the changes of Block 1, Lot 1 and Fraser Steel driveway off of 52nd Street NE. In summary, the final plat includes the combination of seven lots into 5 lots on four blocks and two outlots. Based upon the review of the submitted plats, staff believes the proposed Barthel Industrial Park 2nd Addition meets the requirements of the I-I Zoning District. Recommendation is for Council approval of the Barthel Industrial Park 2nd Addition with the following conditions: 1. Fraser Steel shall submit a signed Purchase Agreement for the expansion of Lot 1, Block 1 prior to the plat being finalized. 2. A signature line shall be added to the final plat for Fraser Steel. 3. Site and Building Plan Reviews will be required for all new developments in the Barthel Industrial Park 2nd Addition. There was additional discussion regarding the approval of Barthel Industrial Park 2nd Addition following the presentation given by City Planner Brixius. Council noted the unique radius of the driveway for the Fraser Steel site. Council discussed the fence and a retaining wall that would be installed along the east side of the property. MOTION BY Council member Berning, seconded by Council member Fay to approve Resolution No. 2007-xx entitled a Resolution Approving Barthel Industrial Park 2nd Addition (52nd Street NE) Final Plat within the City of Albertville that includes approval of a Purchase Agreement between the City of Albertville and Fraser Steel with the Ingress and Egress Plat, and on file in the office of the City Clerk. Motion carried unanimously. M:\Public Data\City Council\Council Minutes\2007 Minutes\M 06-18-07 Final.doc City of Albertville City Council Minutes June 18, 2007 Page 11 of 17 Albertville Marketolace Final Plat - AODfove Resolution No. 2007-xx entitled a Resolution - AODfove Albertville Marketolace Develooers A!2:reement City Planner Brixius reported that the Phil Morris or now known as Albertville Marketplace, has been reviewed various times by the Albertville Planning Commission and City Council over the past couple of years. Due to the moratorium that was placed on 1-94 the project was delayed. Since the original site and building plan review, revised site improvement plans and revised architectural elevation plans have been submitted, per comments of the Council on April 2, 2007. Brixius noted that a trail connection is shown north of Building B oflot 1, which will connect the development to a future trail proposed along the north property line. The construction of the trail was requested by the Albertville City Council along the east side of Street A, and has not been shown on the plans. According to the building elevations submitted by the architect, it illustrates that the fronts of Buildings A and B will be 60% brick or stone and the rear of the buildings will be 50% brick or stone. The proposed percentages of brick and stone meet the requirements set by the City and ~hall be observed on all buildings within the development. There was an additional discussion throughout the meeting regarding the issues or concerns with providing a water line or access to the Cemetery that abuts the development. The Cemetery Board was contacted and appears to be okay with the proposal regarding the water access, and landscaping that would be a part of the Albertville Marketplace proposal. City Council and staff discussed the concerns of the maintenance of the property line that abuts 1-94 and the retaining wall. The area between the State of Minnesota (1-94) fence and the developer's retaining wall appears to be rather tight. Will the developer be able to maintain the property appropriately, as it abuts the off ramp and it is the first impression that individuals will observe of Albertville. Mayor Klecker opened up the discussion to the public. Linda Fisher representing Phil Morris and Albertville Marketplace reported that the developer has taken the maintenance of the property into consideration. The area around the retaining wall and the fence will be the responsibility ofthe development or tenant/business owner. City Attorney Couri inquired if the Council wanted to discuss the Developer's Agreement at this point. Council agreed to continue with the development prior to making any motions to approve. M;\Public Data\City Council\Council Minutes\2007 Minutes\M 06-18-07 Final.doc City of Albertville City Council Minutes June 18, 2007 Page 12 of 17 City Attorney Couri began by stating this is your standard Developer's Agreement, in which certain areas that are of specific interest to this development will be reviewed. One area Couri noted, is should the developer default on the agreement; there are stipulations within the Development Agreement. Couri noted items F, G, and H under Planned Unit Development and Conditional Use pointing out the part that reads "For five (5) years from the date of this Agreement, no amendments to the City's comprehensive plan or official controls shall apply to or affect the use, development density, lot size, lot layout, or dedications of the approved plat unless required by State or Federal Law or agreed to in writing by the City and the Developer." Part G. that reads "No occupancy permit shall be issued for a motor fuel station use on Lot 2, Block 1 until either 1) an occupancy permit is issued for the restaurant building on Lot 4, Block 1, or 2) An occupancy permit is issued for a retail or office building on Lot 1, Block 1 of Said Plat." Couri wanted to bring to the Council's attention that this does not mean the building will be occupied or the restaurant will be open for business. Last part is H which reads "Developer shall develop Said Plat consistent with the site plan attached as Exhibit C. No building and site construction, which otherwise complies with the Site Plan attached as Exhibit C shall be required to receive separate site and building plan approvals from the Planning and Zoning Commission and the City Council." The language gave them some flexibility on the site and building plan review. Other areas that were brought up were part L stating that the developer shall maintain the storm sewer system and ponds located on Said Plat. Part M noting the City shall reasonably maintain the sanitary sewer lines and municipal water lines and fire hydrants located within publicly dedicated utility easements on Said Plat, provided, however that: 1) in the event it is necessary for the City to excavate any portion of the easement area to maintain, repair or replace any such lines, the City shall be obligated to restore the easement area to grade with gravel and the owner of the property or the Property Owner's Association shall be responsible for replacing pavement and any improvements above grade; and 2) nothing in this Agreement shall act to limit the City's ability to finance such improvements in accordance with applicable law." The last area brought up was the section in 0 regarding "the City agrees to permit a full access from Said Plat to CSAH 37 with the conditions provided for in this paragraph. With respect to the access to CSAH 37, developer agrees as follows: The Traffic Signal shall consist of a three-legged stoplight (red, yellow, and green) system configured similar to that shown on the attached Exhibit E ("Traffic Signal") and constructed to Wright County Highway Department standards in existence at the time the Traffic Signal is constructed. The estimated cost of the Traffic Signal, if it were constructed in 2007, is $231,000 ("Estimated Cost")." Couri noted that the City acknowledges that a condition of the Developer obtaining an access permit from Wright County with regard to CSAH 37 is that the City, Wright County and the City of Otsego enter into a three-party agreement with regard to the construction of the Traffic Signal discussed herein (the "Three-Party Agreement"). M:\Public Data\City CounciI\Council Minutes\2007 Minutes\M 06-18-07 Final.doc City of Albertville City Council Minutes June 18, 2007 Page 13 of 17 Couri stated that fifty percent (50%) of each building's exterior finish (exclusive of doors and windows) shall be brick or stone. Couri noted that included in the Developer's Agreement are restrictions regarding all signage on the site shall comply with the City's Sign Ordinance, except for the following items, which are granted as part of the PUD approval conditions within the agreement. Under the section Construction of Municipal Improvements item E was noted that "in lieu of requiring the Developer to install a trail along the north side of Said Plat (but located in the CSAH 37 right-of-way), the City main construct said trail in the future. The estimated cost of such trail in 2007 dollars is $25,671.00. In the event the City Constructs such trail in the future and chooses to special assess the costs of the trail against the property in Said Plat, Developer agrees to waive its right to appeal such special assessment to District Court pursuant to Minn. State S 429.081 to the extent the total amount special assessed to all lots on Said Plat is not greater than the following amount (Adjusted Trail Assessment"), calculated as follows: by taking the Engineering News Record Construction Cost Index ("Index") level published for the month preceding the month in which this agreement is dated (the "Base Month") and multiplying it by one plus the percentage increase in the Index that occurs between the Base Month and the month preceding the month in which the City contracts for the construction of said trail." The last item Couri reported briefly were the amounts of the surety requirement for Said Plat. MOTION BY Council member Berning, seconded by Council member Fay to approve Resolution No. 2007-xx entitled a Resolution Approving a Final Plat for the Albertville Marketplace located at the Comer of CSAH 37 and Interstate 94 within the City of Albertville that was presented at the Council meeting with the relocation of the sidewalk connection to the future trail along CSAH 37, and on file in the office of the City Clerk. Motion carried unanimously. MOTION BY Council member Vetsch, seconded by Council member Berning to approve Albertville Marketplace Developer's Agreement that was included in the Council packet with the relocation of the sidewalk within the site, and on file in the office of the City Clerk. Motion carried unanimously. ShoPDes of Towne Lakes 2nd Addition Site and Buildim! Plan Review - Approve Resolution No. 2007-xx entitled a Resolution City Planner Brixius noted that GCI Builders has applied for a Site and Building Plan Review within the Shoppes at Towne Lakes 2nd Addition on the following lots: Lot 1, Lot 3, and Lot 4. These plans have been reviewed and approved at the Planning and Zoning Commission meeting held on Tuesday, May 8, 2007 contingent on revising the front elevations of the buildings. M:\Public Data\City Council\Council Minutes\2007 Minutes\M 06-18-07 Final.doc City of Albertville City Council Minutes June 18,2007 Page 14 of 17 Brixius pointed out that according to the condition ofthe PUD, the guidelines stipulate that the "overall architecture and landscape architecture is to be related (though not identical) with a 'New England' design character. This style is characterized by an emphasis on narrow and varied width shop fronts with separate identities obtained by trim, siding, and facade changes." "The design of the building should help make the street enjoyable, visually interesting and comfortable. " Taken the exterior appearance into account, the applicant has submitted revised plans, which the Planning and Zoning Commission has reviewed at the June 12,2007 Commission meeting. The revised building renderings somewhat gave the impression that the buildings were of the 'New England' design. Brixius reported that the applicant shall provide a rooftop plan ofthe HV AC equipment prior to receiving a building permit. Brixius informed the Council that Al Keller, the applicant, was present in the audience should the Council have questions or concerns. MOTION BY Council member Fay, seconded by Council member Berning to approve Resolution No. 2007-xx entitled a Resolution Approving the Site and Building Plans for Building 2, 3, and 5 of Shoppes at Towne Lakes 2nd Addition located at the Northeast Comer of CSAH 19 and West Laketowne Drive NE with additional landscaping and take into consideration relocating the allowable truck parking space( s) and the truck idling noise that would come from the trucks that are parked in the designated space(s), and on file in the office of the City Clerk. Motion carried unanimously. ENGINEERING Proiect Uodate Assistant City Engineer Nafstad went over his report with the Council bringing attention to various items. Nafstad reported that the excavation of the pond is progressing well. Nafstad then stated that "as you probably noticed" the southbound traffic has been shifted to the east to allow for construction of the new southbound lanes. Nafstad asked if the Council had any other questions or concerns regarding the report. Hearing no questions or comments Nafstad proceeded to the next item. AODfove Resolution No. 2007-xx entitled a Resolution AcceotinQ: Bid for the 2007 Overlav Proiect Assistant City Engineer Nafstad informed the Council that bids were submitted and opened on June 12 for the 2007 Overlay Project with the Albertville city limits. Per the report, the City M:\Public Data\City Council\Council Minutes\2007 Minutes\M 06-18-07 Final.doc City of Albertville City Council Minutes June 18, 2007 Page 15 of 17 received seven (7) bids with the low bid from Mid-Minnesota Hot Mix, Inc. of Annandale, Minnesota. MOTION BY Council member Berning, seconded by Council member Fay to approve Resolution No. 2007-xx entitled a Resolution Accepting Bid for the 2007 Overlay Project at a cost not to exceed $129,138.96 from Mid-Minnesota Hot Mix, Inc. based out of Annandale, Minnesota, and on file in the office of the City Clerk. Motion carried unanimously. Aoorove Resolution No. 2007-xx entitled a Resolution Acceotinl! Bid for the 2007 Winter Park Imorovements Assistant City Engineer Nafstad reported on the next item which was the 2007 Winter Park Improvements. Nafstad stated that the City advertised, received bids, and opened them on Tuesday, June 12, 2007 for the 2007 Winter Park Improvement Project. The City received eight (8) bids for the proposed park project. As staff reviewed the bids, it appeared that the apparent low bidder had an error on the calculation of Item C of the bid. City Attorney Couri stated that according to Minnesota courts, that once a bid has been opened, the governmental entity has no authority to make any material changes or modifications to the bid, even if the bid instructions allow the governmental entity to waive irregularities. There was discussion between the Council and staff as to which bid to approve and what portions of the project to go forward with. MOTION BY Council member Berning, seconded by Council member Fay to approve Resolution No. 2007-xx entitled a Resolution Accepting Bid for the 2007 Winter Park Improvements with Dennis Fehn for Alternates A, B, and C, in the amount of $182,482.00and on file in the office of the City Clerk. Motion carried unanimously. 5ih Street NE Sidewalk Proiect Council member Berning inquired from staff the status of the 5ih Street NE sidewalk project. Staff reported that the City has the plans for the sidewalk, of which staffhas been working with the homeowners to obtain their consent for construction. The City has received consent from 2-3 of the homeowners to proceed with the construction of the sidewalk. There is still one (1) resident that is opposed to the sidewalk. Along with the one (1) resident the City needs to obtain the easement from the Beaudrys and the Y oungdahls to construct the sidewalk. It was a consensus of the Council to go forward with the construction of the sidewalk. M:\Public Data\City Council\Council Minutes\2007 Minutes\M 06-18-07 Final.doc City of Albertville City Council Minutes June 18, 2007 Page 16 of 17 The assumption is for staff to bring quotes back to the 2nd Council meeting in July. In the meantime, staff will send notices to the residents that the Council will be taking action to construct the 57th Street NE Sidewalk Project. LEGAL ADorove Vacation AlZreement with abuttinlZ ProDertv Owners on MacKenzie Avenue NE City Attorney Couri very briefly went over the background history of MacKenzie Avenue NE that has been discussed at previous Council meetings. Couri noted that the bulb portion of the cul-de-sac will be quick claimed to the appropriate abutting property owners. The stem portion ofthe cul-de-sac will become part of the City's property that will be split appropriately with the abutting lots as demonstrated in the Final Plat. MOTION BY Council member Vetsch, seconded by Council member Fay to approve the Vacation Agreement with abutting Property Owners on MacKenzie Avenue NE, and on file in the office of the City Clerk. Motion carried unanimously. ADorove Resolution No. 2007-xx entitled a Resolution to Vacate that Dart of MacKenzie Avenue NE that lies north of 52nd Street NE and south of the BurlinlZton Northern Railroad within the Citv of Albertville and VacatinlZ Adiacent DrainalZe and Utilitv Easements City Attorney Couri continued by stating that since we have the abutting property owners consent on the vacation agreement the City can approve the actual vacation of the drainage and utility easement along with the vacation of that portion of MacKenzie Avenue NE that lies north of 52nd Street NE and south of the Burlington Northern Railroad. MOTION BY Council member Berning, seconded by Mayor Klecker to approve Resolution No. 2007-xx entitled a Resolution to Vacate Easement on MacKenzie Avenue NE that lies North of 52nd Street NE and south of the Burlington Northern Railroad within the Albertville city limits and Vacating a Portion of Mackenzie Avenue NE within the Barthel Industrial Park Second Addition contingent on the signatures on the Vacation Agreement with the abutting property owners, and on file in the office ofthe City Clerk. Motion carried unanimously. Discuss settinlZ a date for a Public HearinlZ for the Lachman Avenue NE Imorovement (consider Julv 2. 2007) City Attorney Couri was looking for Council approval to set Monday, July 2, 2007 as a Public Hearing for the Lachman Avenue NE Improvement. Staffhas been working on the project for a couple of years and has come to somewhat of an agreement with the Barthel's. M:\Public Data\City Council\Council Minutes\2007 Minutes\M 06-18-07 Final.doc City of Albertville City Council Minutes June 18, 2007 Page 17 of 17 MOTION BY Council member Berning, seconded by Council member Fay to approve setting Monday, July 2,2007 at 7:00 p.m. or soon thereafter as a date for a Public Hearing for the Lachman Avenue NE Improvement, and on file in the office of the City Clerk. Motion carried unanimously. ADMINISTRA nON Written Renort City Administrator Kruse went over touching briefly on topics within the report. Kruse brought to the Council's attention that Albertville has paid 8t. Michael the $128,000 per the Pond Agreement. Kruse asked if the Council had any other questions or concerns with the information noted in the written report. ITEM REMOVED Anorove 5975 Main Avenue NE BuildinfZ Lease (received conv of Lease AfZfeement at the June 4. 2007 Council meetinfZ) Before the Council adjourned, Council member Berning requested that the Update on the Railroad Property be removed from the June 25, 2007 City Council Workshop as Berning will not be able to attend. ADJOURNMENT MOTION BY Council member Wagner, seconded by Mayor Klecker to adjourn at 11 :00 pm. Motion carried unanimously. ~Pcr>-< K~ Ron Klecker, Mayor ~~~Jk Bndget MIll , CIty Clerk M:\Public Data\City Council\Council Minutes\2007 Minutes\M 06-18-07 Final.doc