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2008-02-19 CC Minutes ~ "1l?.~r.t'!iJl€ ALBERTVILLE CITY COUNCIL FEBRUARY 19, 2008 MINUTES ALBERTVILLE CITY HALL 7:00 PM PLEDGE OF ALLEGIANCE - CALL TO ORDER Mayor Klecker called the Albertville City Council meeting to order at 7:00 p.m. followed by the Pledge of Allegiance. ROLL CALL PRESENT: Mayor Ron Klecker, Council members John Vetsch, LeRoy Berning, Dan Wagner, and Tom Fay, Assistant City Engineer Adam Nafstad, Assistant City Planner Cassie S€humacher-Georgopoulos, City Administrator Larry Kruse, and City Clerk Bridget Miller ABSENT: City Attorney Mike Couri RECOGNITIONSIPRESENT A TIONS/INTRODUCTIONS - no comments MINUTES January 30, 2008 City of Albertville - City of Otsego joint workshop Mayor Klecker asked the Council ifthere were any changes to the Wednesday, January 30, 2008 City of Albertville-City of Otsego joint workshop minutes. MOTION BY Council member Vetsch, seconded by Council member Berning to approve the Wednesday, January 30,2008 City of Albertville-City ofOtsego joint workshop minutes as presented, and on file in the office of the City Clerk. Motion carried unanimously. M:\Public Data\City Council\Council Minutes\2008 Minutes\M 02-19-08 Approved.doc City of Albertville City Council Minutes February 19,2008 Page 2 of 10 February 4, 2008 regular City Council minutes Mayor Klecker asked the Council if there were any changes to the Monday, February 4, 2008 regular City Council minutes. MOTION BY Council member Berning, seconded by Council member Wagner to approve the February 4,2008 regular City Council minutes as presented, and on file in the office of the City Clerk. Motion carried unanimously. CITIZEN FORUM Mayor Klecker asked if there was anyone in the audience that wanted to discuss an item with the Council that was not already on the agenda. Ron Miller of6593 Kadler Avenue NE asked about an update on the removal of the dirt on the Wellerson/Niemeyer property. Assistant City Engineer Nafstad reported that staffhas researched the Wellerson/Niemeyer property, in which there was extensive history. Staff discovered there was dirt removal with and without permission from the site. There is a spot that does appear to block the drainage. Nafstad informed Mr. Miller and the Council that the Wellerson/Niemeyer site is on the agenda for discussion later tonight. The property owner and developer will be present to listen to the concerns. AMENDMENTS TO THE AGENDA City Clerk Miller added one item under Consent - City Clerk, which was an application from the STMA Women of Today for a 3.2% Malt Liquor License. MOTION BY Council member Wagner, seconded by Council member Berning to approve the Tuesday, February 19,2008 regular Albertville City Council agenda as amended. Motion carried unanimously. CONSENT AGENDA . CONSENT AGENDA All items with an asterisk (.) are considered to be routine in nature by the City Staff and will be enacted by one motion. There will be no separate discussion of these items unless a Council member or citizen so requests. In such event, the item will be removed from the General Order of Business and considered in its normal sequence on the agenda. Mayor Klecker asked the Council if there were any items to be pulled from the Consent Agenda. M:\Public Data\City Council\Council Minutes\2008 Minutes\M 02-19-08 Approved.doc City of Albertville City Council Minutes February 19,2008 Page 3 of 10 MOTION BY Council member Wagner, seconded by Council member Fay to approve the consent agenda pulling item 8.H.3. Shoppes of Towne Lakes II, which includes the following: Accept payment for turning lane in lieu of contractor performing the work and Approve the reduction of Shoppes of Towne Lakes II - Letter of Credit No. 178 from $135,000 to no less than $79,700, which required separate discussions and motions and will be on file in the office ofthe City Clerk. Motion carried unanimously. DEPARTMENT BUSINESS BUILDING DEPARTMENT . Accept the Building Official's January 2008 Monthly Report Council members accepted the Building Official's January 2008 Monthly Report dated Thursday, February 14,2008 as presented in the February 19,2008 City Council packet. FINANCE DEPARTMENT . Approve the Tuesday, February 19, 2008 Payment of Claims (bills) for check numbers 025317 to 025370 There was minimal discussion on check number 025355 payable to NAC in the amount of $1,763.93, which Council questioned the portion for reviewing Cedar Creek Golf Course. Staff explained this is costs associated with reviewing the plans, making sure they meet the city's standards, attending meetings, and discussions with the applicant if necessary. MOTION BY Council member Vetsch, seconded by Council member Fay authorizing the payment of claims that included check number 025317 to 025370 as presented except the bills specifically pulled, which are passed by separate motion. Motion carried unanimously. . Approve Resolution No. 2008-008 entitled a Resolution Making Appointments to Corporate Authorized Signers for the City of Albertville for the Year 2008 MOTION BY Council member Wagner, seconded by Council member Fay to approve Resolution No. 2008-008 entitled a Resolution Making Appointments to Corporate Authorized Signers for the City of Albertville for the Year 2008, which has been prepared by the City Clerk and submitted by the Finance Director. M:\Public Data\City Council\Council Minutes\2008 Minutes\M 02-19-08 Approved.doc City of Albertville City Council Minutes February 19, 2008 Page 4 of 10 CITY CLERK . Approve One-Day 3.2 % Malt Liquor License Applicationfrom the St. Michael Catholic Church for an event to be held at the STMA Ice Arena within the Albertville city limits on May 3, 2008 MOTION BY Council member Wagner, seconded by Council member Fay to approve the One- Day 3.2% Malt Liquor License applications submitted by the St. Michael Catholic Church for a fund-raiser to be held on at the STMA Ice Arena on Saturday, May 3, 2008, which has been submitted to the City Clerk for Council approval. Motion carried unanimously. . Approve One-Day 3.2 % Malt Liquor License Applicationfrom the STMA Women of Today for an event to be held at the Albertville City Hall on Friday, February 29, 2008 MOTION BY Council member Wagner, seconded by Council member Fay to approve the One- Day 3.2% Malt Liquor License applications submitted by the STMA Woman of Today for an M- Night-Beer Tasting Event to be held on at the Albertville City Hall on Friday, February 29,2008, which has been submitted to the City Clerk for Council approval. Motion carried unanimously. PLANNING AND ZONING . Approve Resolution No. 2008-009 entitled a Resolution Approving the Albertville Marketplace (Phil Morris Property) - Site and Building Plan Review that includes the Revised Elevations MOTION BY Council member Wagner, seconded by Council member Fay to approve the Site and Building Plan of the proposed restaurant and a smaller two tenant retail building and Resolution No. 2008-009 entitled a Resolution Approving a Site and Building Plan Review for the Albertville Marketplace located at the Corner of CSAH 37 and Interstate 94 within the City of Albertville and on file in the office ofthe City Clerk. Motion carried unanimously. ENGINEERING Accept the Assistant City Engineering Project Report Council members accepted the Assistant City Engineering Project Report dated Monday, February 11,2008 as presented in the February 19,2008 City Council packet. M:\Public Data\City Council\Council Minutes\2008 Minutes\M 02-19-08 Approved.doc City of Albertville City Council Minutes February 19,2008 Page 5 of 10 . Accept Bolton & Menk Inc. Engineer's recommendation to Approve Payment No. 1 to Dennis Fehn Gravel and Excavating, Inc. in the amount of$176, 704.65 for the 2007 Lachman Avenue NE Improvement MOTION BY Council member Wagner, seconded by Council member Fay to Accept Bolton & Menk Inc. Engineer's recommendation to Approve Payment No.1 to Dennis Fehn Gravel and Excavating, Inc. in the amount of $176,704.65 for the 2007 Lachman Avenue NE Improvement. Motion carried unanimously. . Shoppes of Towne Lakes II, which includes the following: Accept payment for turning lane in lieu of contractor performing the work and Approve the reduction of Shop pes of Towne Lakes II - Letter of Credit No. 178 from $135,000 to no less than $79,700 Council had concerris with approval of accepting payment in lieu of contracting for performing the work for the turn lanes. Nafstad responded stating that as a condition of plat approval and as required by the developer's agreement, the applicant was required to provide additional right-of- way along West Laketowne Drive NE and construct an additional lane (turn lane). GCI has requested that the City consider accepting a payment for the turn lane in lieu of its construction at this time. It is staff s position that the turn lane is not an immediate need and that future improvements to CSAH 19 North may disturb or require re-working a portion of the turn lane. MOTION BY Council member Fay, seconded by Council member Wagner to reduce the Towne Lakes II Letter of Credit No.178 from $135,000 to $79,700, with GCI paying the City of Albertville $23,500, which the City will escrow to construct the north bound turn lane at a later time, most likely with the CSAH 19 improvement. Further, GCI shall connect and complete the sidewalk improvements at the intersection of West Laketowne Drive NE and the private drive through the Shoppes at Towne Lakes II; and GCI shall ensure that the drainage out of the Shoppes at Towne Lakes II site is not dependant upon the turn lane construction and that drainage leaving the site has positive drainage to off-site storm sewer facilities. Motion carried unanimously. Stormwater Issues to include the following: 5lh Street NE and Barthel Industrial Drive NE Stormwater Study; National Flood Insurance Program Update; Stormwater Management Plan Proposal; Ordinance Update Assistant City Engineer Nafstad reported that staff is asking for Council to set a date for a meeting to discuss stormwater issues. The most current of these issues include; the study of the flood prone 54th Street NE and Barthel Industrial Drive NE intersection; evaluation of the City participating in the National Flood Insurance Program; planning for continued growth and development in Albertville; and needed Stormwater Management Police and Ordinance revisions. Beyond this, the Council has expressed concerns about the Otsego Creek Watershed, including the area north of the Albertville Premium Outlets. M:\Public Data\City Council\Council Minutes\2008 Minutes\M 02-19-08 Approved.doc City of Albertville City Council Minutes February 19,2008 Page 6 of 10 City Administrator Kruse went on to point out that the City is currently dealing with several issues related to Stormwater management. In the recent past, stormwater issues have created numerous expensive challenges for the City. The work on project such as Prairie Run, Albert Villas and the 54th Street NE and Barthel Industrial Drive NE intersection combined can be utilized as part of a Stormwater Management Policy (SWMP). Having a SWMP would greatly assist the City with such issues it is faced with today, as well as, reduce the risk of future flooding concerns. Cost of a Comprehensive Stormwater Management Plan is approximately $90,000. MOTION BY Council member Berning, seconded by Council member Wagner to set a Committee of the Whole meeting immediately following the March 3, 2008 regular City Council meeting to discuss Stormwater related issues. Motion carried unanimously. LEGAL .Approve Resolution No. 2008-010 entitled a Resolution Releasing Lot 1, Block 5, Heuring Meadows from the Obligations of Developer's Agreement MOTION BY Council member Wagner, seconded by Council member Fay to approve Resolution No. 2008-010 entitled a Resolution Releasing Lot 1, Block 5, Heuring Meadows from the Obligations of Developer's Agreement, according to the plat of record on file in the Wright County Recorder's Office, from the provisions of the Developer's Agreement recorded as document number 737923 in the Wright County Recorder's Office, Wright County and on file in the office of the City Clerk. Motion carried unanimously. ADMINISTRATION .Approve Resolution No. 2008-011 entitled a Resolution Awarding the Sale of$560,000 General Obligation Capital Improvement Plan Refunding Bonds, Series 2008B; Fixing their Form and Specifications; Directing their Execution and Delivery; and Providingfor their Payment MOTION BY Council member Wagner, seconded by Council member Fay to approve Resolution No. 2008-011 entitled a Resolution Awarding the Sale of $560,000 General Obligation Capital Improvement Plan Refunding Bonds, Series 2008B; Fixing their Form and Specifications; Directing their Execution and Delivery; and Providing for their Payment and on file in the office ofthe City Clerk. Motion carried unanimously. M:\Public Data\City Council\Council Minutes\2008 Minutes\M 02-19-08 Approved.doc City of Albertville City Council Minutes February 19,2008 Page 7 of 10 .Approve Resolution No. 2008-012 entitled a Resolution Awarding the Sale of$605,000 General Obligation Sewer Revenue Refunding Bonds, Series 2008A; Fixing their Form and Specifications; Directing their Execution and Delivery; and Providingfor their Payment MOTION BY Council member Wagner, seconded by Council member Fay to approve Resolution No. 2008-012 entitled a Resolution Awarding the Sale of $605,000 General Obligation Sewer Revenue Refunding Bonds, Series 2008A; Fixing their Form and Specifications; Directing their Execution and Delivery; and Providing for their Payment and on file in the office of the City Clerk. Motion carried unanimously. .Approve Resolution No. 2008-013 entitled a Resolution Requesting Comprehensive Road and Transit Funding MOTION BY Council member Wagner, seconded by Council member Fay to approve Resolution No. 2008-013 entitled a Resolution Requesting Comprehensive Road and Transit Funding and on file in the office of the City Clerk. Motion carried unanimously. Accept the City Administrator's Written Report City Administrator Kruse brought to the Council's attention that the City has received a few complaints regarding the train cars left on the tracks near the apartment complex, in which they did not care to view the train cars all winter. Kruse went on to discuss the potential of leasing out 5975 Main Avenue facility. At the last meeting, the Council was informed of a ministry group that is interested in leasing the building. Kruse relayed the Council's concerns regarding the use of the facility. Even after hearing the Council concerns, Mr. Hulquist may still put together another proposal. Mr. Hulquist was also interested in the possibility of renting the current City Hall facility for Sunday services. Kruse again relayed the Council's issues with the use of the facility and Mr. Hulquist may present the Council with a proposal. City Administrator Kruse informed the Council that the Albertville Premium Outlets is making progress regarding the City's issues and concerns. The Outlet Mall should be submitting a proposal to lowering the fence located on the 3rd Phase, in which a study has been completed to evaluate the minimum height required. Another item the Mall will be working slowly at, is the removal of the dirt, which again the Council should most likely be seeing an application coming before the Council for approval. Council members accepted the City Administrator's Update dated Thursday, February 14,2008 as presented in the February 19,2008 City Council packet. M:\Public Data\City Council\Council Minutes\2008 Minutes\M 02-19-08 Approved.doc City of Albertville City Council Minutes February 19,2008 Page 8 of 10 1-94 Interchange Access Request Scope of Phasing Options City Administrator Kruse began by stating that for several years the City has been working with MnDOT to identify a short and long term plan for the 1-94 access. Both MnDOT and Federal Highway are in agreement with Albertville's plans to provide a collector distributor road between the two interchanges. Kruse noted that MnDOT has given preliminary agreement to a number of interim phasing options, which may be included in the Access Approval Request. The key issue involves the controversial "removal of the westerly ramps ofCSAH 37 and construction of ramps on the east side ofCSAH 19", which the City is not in favor of. Including that key issue would require approval from the City of Albertville, City of Otsego, and Wright County prior to implementation. Approving and implementing the key issue would provide a phasing option that manages traffic at a cost the City can afford should Federal Funding not be forthcoming. However, closing the westerly CSAH 37 ramps would require Federal Highway to approve the layout rather than MnDOT, this taking approximately 60 additional days. MOTION BY Council member Berning, seconded by Council member Vetsch to forward all phasing options onto MnDOT and Federal Highway excluding option #1 (removal oframps) for 1-94 Interchange approval. Motion carried unanimously. CITIZENS OPEN FORUM - (continued if necessary) ANNOUNCEMENTS and or UPCOMING MEETINGS February 2008 19 7:00 p.m. 25 6:00 p.m. 25 7:00 p.m. March 2008 3 7:00 p.m. 10 6:00 p.m. 11 7:00 p.m. 17 7:00 p.m. 25 6:00 p.m. 31 6:00 p.m. April 2008 7 5:30 p.m. 7 7:00 p.m. 8 7:00 p.m. 14 6:00 p.m. 21 7:00 p.m. 28 6:00 p.m. City Council meeting (Tuesday) Joint Water Board meeting Jt. City Council and Planning & Zoning Commission mtg. City Council meeting STMA Ice Arena Board meeting Planning and Zoning Commission meeting City Council meeting Joint Water Board meeting Jt. City of Albertville; City of St. Michael and STMA School Board meeting at Albertville City Hall 2008 Local Board of Appeals & Adjustments City Council meeting Planning and Zoning Commission meeting STMA Ice Arena Board meeting City Council meeting Joint Water Board meeting M:\Public Data\City Council\Council Minutes\2008 Minutes\M 02-19-08 Approved.doc City of Albertville City Council Minutes February 19,2008 Page 9 of 10 ADJOURN THE REGULAR CITY COUNCIL MEETING TO A COMMITTEE MEETING OF THE WHOLE Mayor Klecker entertained a motion to close the regular City Council meeting. MOTION BY Council member Fay, seconded by Council member Berning to adjourn the February 19,2008 regular City Council meeting at 7:34 p.m. to go into a Committee of the Whole meeting to discuss the Niemeyer Trailer Sales Development. Motion carried unanimously. DISCUSSION OF NIEMEYER TRAILER SALES DEVELOPMENT City Administrator Kruse began by stating that staffhas had a hard time getting the property owners together to discuss the issues with the drainage. As reported earlier this evening as well as previous meetings, there are drainage concerns with the properties. Staff would like to discuss that the City go ahead with the project, which would establish a connection fee for utilities in that neighborhood. Under this recommendation, Niemeyer would have to pay for the construction of the street, but the utilities would be pro-rated based on developable square footage. The property owners would not have to pay for connection until they are ready, in which the connection charge would be indexed to inflation or to a construction index that would increase with time. Assistant City Engineer Nafstad reported there are three parcels that would be hooked up or serviced with city sewer and water. The line(s) would begin around 64th Street NE within the Kollville Estates. The City would burrow CSAH 37 with the line(s), and then run them on the northern side connecting to the properties. Nafstad went on to inform the Council that it would require a lift station for the three (3) parcels. Mr. Miller again expressed his concerns with the drainage and would like his property restored as it was historically. Mr. Miller would like the elevations between the two properties to be restored the same as it was before the excavation of the dirt began. Ms. Miller had two main issues with the site. One issue was the drainage and the other was the construction of the street. Ms. Miller wanted to make sure that it was completely contained within the Niemeyer site. Mr. Niemeyer confirmed that he has a purchase agreement with Wellerson for the land he proposes to develop. Mr. Niemeyer reported that a fair amount of dirt will be removed from the site. Mr. Niemeyer reported that he would be splitting the Wellerson property into three buildable lots, which his Trailer Sales lot would be on a 3.5 acre lot. Niemeyer understands he would be responsible for the construction of the street that would service the three parcels. N afstad stated that permits would be required for the remove of the soil, in which soil testing would be done. Nafstad went on to note that this is a unique situation on bringing city utilities to the original three parcels. There would be a TEP Panel reviewing the site to ensure the drainage and other regulations are met. There was additional discussion on the drainage and site layout. M:\Public Data\City Council\Council Minutes\2008 Minutes\M 02-19-08 Approved.doc City of Albertville City Council Minutes February 19,2008 Page 10 of 10 In summary, Kruse reported that it is difficult property to develop and staff is working towards a favorable situation for all three parties. Kruse asked the Council if staff is moving in the right direction. Council responded by stating staff appears to be working on the issues of drainage and in the right direction. Nafstad then brought up the potential of hooking up the residents in the Greenhaven Estates. Kruse continued by informing the Council that there are some septic systems in the neighborhood that are failing. If the septic system is in compliance, the city could give lenience to those property owners by allowing them up to 10 years to hook up. If there septic system is non-compliant, the owner would be encouraged to hook up sooner. ADJOURNMENT MOTION BY Council member Berning, seconded by Council member Wagner to adjourn the February 19,2008 regular City Council meeting at 8:16 p.m. Motion carried unanimously. (j:2-.- ~~~ Ron Klecker, Mayor ~, Bridget Miller, ity Clerk ) n~~ M:\Public Data\City Council\Council Minutes\2008 Minutes\M 02-19-08 Approved.doc - Albertville City Council February 19, 2008 Public Attendance Record PRINT Name Address City Jane Smith 1325 Any Street NE Albertville John Doe 1295 Your Street NE Annandale ~ f1)d!W2- ~ U\~[; .41 tulV1 M:\Public Data\City Council\2008 Public Hearing Attendance.doc Complete a "Request to Speak" card if you want to speak to the council regarding an item that is not on the a enda No - item on agenda Yes- cars speeding y ~ s; .- uro DH7i; ,1 F T) -4 t".c#tt<{y;#L }J()- ;1/iJ- Y't~ -~ NO---