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1989-06-28 CC Minutes Special . . . MINUTES OF THE SPECIAL MEETItu OF THE ALBERTVILLE CITY COUNCIL :- \.. \... 'c.' ) .; 'L . (,' I """'-. ...-- l J I I I. A spec~al of the meeting of the Albertville City Counc~l was called to order by Mayor Gary Schwenzfe~er Members present included J llTl Krystosek. DonatuB Vete.ch. Don Cornelius and Bob Braun Others present ~ncluded Maureen Andrews. Dav~d L~cht. Thore Meyer. and Bob Sullentrop Add~ t~onally , a 5pecial meetmg of the PlannlIlg Comm~ss~on was called to order by Acting Chau'IOOll DonatUB Vetsch Members present included Mark DaleIden and Kevm Mealhouse The meeting was then turned back to Mayor Schwenzfeier The first item on the agenda was a p.tbl~c hearmg on a Condl.t~onal Use Penut to allow two principal wildings on one wilding s~te for the Pheasant Ridge Apartments Mayor Gary Schwenzfeier called the hearing to order and read the notice of hearing Mr Dav~d Wulff of Barthel Constl'UCtion and Mr Dick Nelson of Johnson. Sheldon & Sorenson Architects. 100 introduced themselves and then Mr Nelson briefly revl.ewed the site plan for the Pheasant Ridge Apartments The mmutes should note that durl.Ilg this presentatIon Mr Nelson noted that the heavily wooden area located at the 6Ol.lth property Ime would be left in its natural state as Il'J.lCh as possl.ble and only in the case of the area located at the southeast comer of the property would any trees and brush be reroved I t was noted that this vegetation would need to be rerove so that the D111dlIlg could be located there David Ll.cht next responses to the plans from a planm.ng 5tandpoint. hlghlightlIlg the plan review reports presented to the Council and Plannrng Commission for thel.r review Some of the issues noted included that the property was currently zoned R-8 which would allow for multl.ple hous:mg of thIS type He also noted that this property has been zoned for !WI tl.ple housuJg' smce the orlginal plat was approved by the C~ty some 8 to 10 year prior David noted the the issue of the even:mgs meetrng was to d~sCUBs and decl.de on a Conditl.onal Use Permit - Planned Unit Development (POD) to allow for the placement of two principal wildl.Ilg on one property e.~ te He noted that th~s type of conditional use permit ~s required to aosure that the two . . . b.l1ldings are properly located on the blildl..ng site or when two separate owners are mvolved The minutes should note that the latter reason does not pertain to thl.s partl.cular case David pomted out to the Planning Ccmn1.6sion and to the City Councl.l that the l.ssues raised in the first plan review had been addressed by the architects m 5everal rev 1.6 ions of the plan The l.ssues that had been addressed mcluded the need for loading spaces for each ooild:mg, the need for addl. tional landscap:mg and adequate Sl.ze of vegetatl.on Addl. tl.onally there was a technl.cal change that was reqUl.red which platted the property mstead of allowing it to remam an outlot It was noted that the City's subdivisl.on ordinance requires that no ool.lding be btnlt on an outlot, requiring that the property conform Wl. th the lot and block descrl.ptl.on Davl.d noted that these issues had been address and the zoning and the Proposed ConcH tional Use Permit -- PUn were in order and found to be acceptable Thore Meyer addressed the issue of site drainage He noted that there had beP..-n some ooncerns regarding the site's dramage, blt that concerns had been addrP--6S m one of the rev1.6l.ons He noted that the plans had been amended to provide adequate storage for the "5 year storm", whl.ch is 5tandard de5ign criteria Wl. th the provl.sions discussed, Thore 5 tated that from an engineering standpomt the proJect was m oonformance with the ordmances The Council and the Plannmg Ccmnl.ssion were also mformed that the Fl.re Depa~..-nt had an opportunity to revl.ew the plans were provl.ded Wl. th a copy of the their concerns The two points raised by the Fl.re Department were Wl. th regards to the 6l.Ze line leading into the property may not provl.de adeql..late pressure in the case of a fl.re and that the line would be dead-ended mstead of looped It should be noted that the line bel.ng mstalled wl.ll be a 6 mch water lme The second issue raised was wl.th regards to the locatl.on of the fl.re hydrant and l.ts utl.ll.zation in case of h:I.gh. wmds Thore Meyer responded to the issue regarding to the 61.Ze of the watermam He noted that the 6 inch mam would be adequate for pressure because the l1.ne 1.S rather short and therefore should not have an 3..fl'lpact on pres6ure Thore also noted that the spaCl.ng of the fl.re hydrant meets the Jomt Power's standards blt agreed W1.th the F1.re Department that an addl.t1.onal hydrant would be of some value The representat1.ves for the project indl.cated that they would install the second hydrant in a location approved by the F1.re Department The resl.dents (see p..'lblic hearing SJ.gn up sheet) present at the hear:mg next made COII'IIlellt on the proJect The first resident to COIIIDell.t on the project was Mr Robert Wacker J who raised the follow1.ng issues -2- . . . 1 Wl. th the amount of open land at the rear of the property. why did the project get p.1Bhed to the southeast property line He felt that there was a better location for the wildl.Ilgs and wanted to see that addressed The archi teet noted that in order to rel~...ate the wl.ld:t.ng would reqUl.re a great deal a fill which would be very expens1.ve 2 He felt that the City was not USl.Ilg COIl1T1On sense to allow the constructl.on of apartment wild:mgs behind the existing single-fam1.ly homes He noted that the single-family homes were there fl.rst atld that CounC1.l should reqUl.re that some type of twm home concept be implemented into the site Mrs Sue Wacker coumented that l.f she had been aware that there were going to an apartment located behind her home that she would not have wl.lt on the site She stated that she did not want the apartments to be w1lt because it might interfere with her b.1s1ness located in her home At th1S pomt. David remmded the Counc1l and Plannmg Coomissl.on that the iS6ue before them use to allow for two wildings on the site 1nBtead of one and not the issue of zonmg Noting however that the property had been adequately zoned for at least 8 years Addressing 60IDe of the other issues raised. Dav1d noted that the apartment plan provides for 24 units which 1.8 less that the maxilwm density requirement provl.ded for in the ordinance Secondly, the topography of the Sl.te does not lend 1tself to the relocation of the apart"ments and fmally, the wl.ldmg have been located withm the setback requlrements prov1ded for m the R-8 Zonmg Dl.strlct Mr Greg Kasper. who also lives near the site ra1sed his concern rP...garding the reIOOval of the trees and brush on the 60uth property lme He noted that when he bought his property he paid a prem1UBl cost for a wooded lot and ~nth the possible reIOOval of the trees he feared that there wlll not be any trees left He also noted that he did not feel that 1 t made any sense to remove any trees that were not effected by the Wl.ldmgs It was noted by the City that no unnecessary trees wl.ll be removed When questioned how the C1ty could guarantee this, it was noted t.J1.at bec-...ause of the Conditional U6e Pennl.t that the City would requ1re the lJDPlementat10n of a I:eveloper's Agreement The I:eveloper' s Agreement would deal Wl th 1ssues such as landscapl.ng, prP..servation of vegetatl.on and s1te conditl.ons When asked what guarantees thlS I:eveloper's Agreement would provide. l.t was noted the the I:eveloper's Agreement require a financl.al surety and that vl.olatl.on of the agl'eell1P..-nt would activate the surety It was also noted that the I:eveloper's Agreement provl.des that a guarantee be proVl.ded for all new plant1ngs 80 t.J1.at the proJect does not end up with dead trees -3- The CounCl.l assured that the trees and brush would not be removed m the areas that are not iJnpacted by the locatl.on of the wildings The mmutes should note that the only exception to this assurance would be l.ft the area of . the southeast comer where the wilding wl.lI cut mto the area Davl.d noted to the residents present that the Developer had been taken off guard by the changes the City was imPlementing because of the fact that new zOnJ.llg and su1:xil.vl.sl.on regulations had been adopted by the CounCl.1 wl.thm the pae,t 6 months and that the Developer was now workJ..ng w1.th completely dl.fferent requirements Noting that the City now has made these changes there are far more controls over this proJect than there would have been l.f the project would have before the City at an earlier date The next point of dl.scussion was in regard to the quah ty of the wildings and the rents that were being proposed It was pomted out that the wildings would be wl.lt m accordance with the Minnesota State B..tilding Codes as are all wl.ldrngs constructed in the City The issue of rents were clarl.fied by the developer's representatl.ve They noted that rents would range from approxl.mately $280 00 to $350 e0 per unl.t. dependJ..ng on size Maureen was questioned alx>ut what the rents at WESTWIND where runnJ.ng She noted that the issue being di6CUSsed did not have to do Wl. th what rents would be because the each site has been fmanced differP-lltly, that is conventional vs Farmer Home Administration construction money Again l.S was pointed out that the issue before the Planning COIl'lDl.ssion and the Coonc1.1 had to do wl.th allowlIlg two wildings on the site instead of one and not fmancJ..ng of the project . David cautioned the group that an attempt to legislate the value of housing is not appropriate because we have no authorl. ty to predetermme anyone's rent or house payment David pol.nted out that the only real jurl.sdictl.on tllat the City has is over the health. safety. f1.re standards and quality of construction There was also some discussion regarding the advantages over havJ..ng 2 smaller b1ildmgs than one larger w1.ldJ..ng because of the 1.ssue of height of one wildl.llg would likely be higher than two smaller wildings Another resl.dent brought up the issue of fencJ..ng They noted that fencmg would separate the single-family homes from the apartment b..ll.ldlIlg &1 te The developers stated that they would look into fenc1.ng since 1 t would be cheaper to fence the south property line than it would be to relocate the buldJ..ng There was a quest1.on regarding the drarnage and potentlal problems wl.th heavy ram storms It was noted that the direction of dramage on the property will not be changed It was pomted out that the property has dramed to the west and w1.11 contmue to do so. the only difference 1.& that 1. t w1.11 now be . -4- . . . . collected into a catch basin and not over land. Thore remmded the the residents that the storm sewer has been designed for the 5 year storm so for those storms that classify as a 50 to 1.00 year w~ll temporarily pond low area until the storm sewer can take the water Someone quest~oned how many units are proposed to be b.nl t and how bJ.g the play area will be They were informed that the plans are for 24 units of apartments and the defined play area has been desJ.gned to be 30' by 30 J noting that there is a great deal of open area that ch1ldren w~ll be able 'to play m Maureen Andrews next read a letter from Bill and Jo Correll at their request J who were unable to be at the meeting The letter agam ra~sed ~ssues regarding the trees and brush This letter has been included as part of the official minutes of the meeting A question was raised about who will be managrng the b.nldrng The Developers informed those present that at this tJ.me fuckeye Realty of St Michael have been contracted to manage the wilding A quest10n l'F'~ardrng the poss~b~li ty of rezom.ng the property was brought up by Sue Wacker Dav1d Licht noted that th1S ~s not the t1.Ille to request a rezom.ng of the property because the plans meeting the requirements of the zoning dUltr1ct and rezoning is not the issue of the hearl.llg I t was also noted that 1f the Counc11 and Planm.ng Comm1ss~on m1 t1ated a rezom.l1g pJ:"O('~ing that the City would likely be lookmg legal act~on agamst the City for lI'IaPpropr~ate action against the property Someone requested that the Developers look at the s~te to see ~f there ~s a better way to posi t~on the wildings so that they will not l..Il'lPact any of the wooded area Bob Wacker stated that in his opinion that he did not feel that these apartment do not blend into the develo~t around ~t and that the C~ty shol..1.ld consider rel()('...ating them to another site He stated that he cares about the way the community looks and feele. that there wOl..1.ld be better use of the land At th~s tJ.me J the pomts of the hearmg were sl..1JJ'lllar~zed pr10r to the close of the hearing These pomts include 1 The request to shift the Wildings so not to l..Il'lPact the wooden land on the south side of the property Can it be done? 2 Fencmg would also serve a barr~er between the srngle-fam~ly hOllll'"...s and the wltiple family housing Could a fence be mstalled along the south property line? 3 There was a request to rezone the property or to have the City only allow some type of twin home construction -5- . David reminded the Co\mcil. the Plarming Comml.SSl.on and those present at the hearing that the matter before them had only to do with the issue of allowmg 2 wildings on one site and not the other issues ral.sed durmg the . hearing Hearmg no other OOIIIDellts or questions a motion to close the hearmg was made by Ihnatus Vetsch and seconded by Ihn Cornelius All were m favor and the motl.on carried At this time the Plarming Comm1.8sion were requested to make thel.r recarmendatl.on to the Council A motl.on was made by Mark Daleiden to recoDII'1elld denl.al of the proposal untl.l the issues of fencing. trees. POSsl.ble relocatl.on of wl.ldmgs and tot lot could be addressed The motion was then seconded by Kevm Mealhouse All were m favor and the motion carried Sue Wacker requested to be recogm.zed at thl.S time. wt was mfonned that the Wbl1.c hearing had been closed The Plannmg Commission meeting was then closed on a motl.on by Kevin Mealhouse and a second by Mark DaIel.den All were m favor and the meetmg was adjourned David pointed out to the City Council that they had several options on which to act They included . 1 The Council could approve the plan pending the stiwlation that the issues noted by the Plarming Commission be reviewed and responded to 2 That the Council could deny the actl.on. wt any changes to the plan would require an additional hearing 3 The Coonel.l could table the matter back to the Planrll.ng ComDll.SSl.On so that the issues raised could be discussed Davl.d pol.nted out that by doing t.Jll.S no additional hearmg would have to be held and lt would keep the project movmg After a brl.ef discussion Bob Braun made a motl.on to table the l.ssue of the Conchtl.onal Use Pennit -- PUn and return l.t back to the Plannmg Commiosl.on for dl.scussion The motion was seconded by Jlln Krystosek All were in favor and the motion carried The minutes shou.ld note the next meeting of the Plannmg Comml.ssl.on wl.ll be July 13th at 8 (20 p m The next matter taken up by the Council was the adoptl.on of the Cl.ty of Albertville - s Comprehensl.ve Plan . -6- . . . . Davl.d reviewed with the Council the change to the plan recorrmended by the Planning Ccmnission regarding District 9's proposed land use It was the Planning Coomission ' s opinion that this area should be lull. ted to COII'IDercaal developnent in the future. therefore the plan was amended not to mclude the provl.sion for IW.l tiple housing in this area David remmded the Council that the ComPrehensl.ve Plan l.S a policy statement and not an ordinance allowing the Council to change the plan when necessary A motion to accept the' l."eCOIlIDelldtion of the Planning Ccmnl.ssl.on to accept the City of Albertville's ComPrehensive Plan was made by Donatus Vetsch and seconded by Don Cornell.us All were in favor and the motl.on carried The next items on the evening's agenda were the public hearu1S hearings on the 429 street imProvements A motion was made by Bob Braun to open the hearll"Jg on the 1989-1 Street Improvement proJect for Psyk's 4th Addition The motl.on was seconded by Jl.m Krystosek All were m favor and the motl.on carried Notice of the hearll"Jg was read by Maureen Andrews Thore Meyer gave a brief overview of the proJect. explauling that it was intention t..o place down the remaining portion of the Class 5. mstall a 3 inch mat of blacktop and surmountable curb m the area known af, Psyk' s 4th Addl tl.on and that area of Lander Avenue that h.es between 54 1/2 Street and 55th Street The proposed estl.mate for the project l.S $110.320 00. whl.ch mcludes construction. erJgmeering. local legal J local administratl.on, bondmg and fiscal costs There was a question regarding the dramage on the west end of the proJect rP..gardmg which way the water flowed Thore exPlamed that most of water will dram to the north into the catch basins that were l.nstalled on the utih ty contract There was a request to check the area on 54th Street (west end) regardmg an area that the water tends to be trapPed after heavY ral.n6 I t was noted that the gravel would need to be reshaped prlor to the blacktopping It 1s exPected that the proJect wl.ll be completed about September 1st There was a questl.on regardmg how the proJect cost wl.ll be spread agal.n6t the property It was exPlained that usually the costs are dl.vl.ded. on a per lot basis. Wl.th side lots receiving a half of an assessment The assessments are than normally spread over a 12 year perl.od I t was noted that this lssue will be d1sCU6sed in nuch more deta1l at the t1me of the assessment hearmg once the project has been completed Mr Dewayne Altman questioned. what would be done with the area m front of his home. because part of 1 t already has blacktop 1n place He stated that -7- . . . . l.f he 1.8 going to be assessed for an entire lot he would like the old blacktop replaced I t was noted that the City would check to see if a prior assessment has been charged to the property prior to the assessment hearrng and the engineers will check the condition of existrng of the blacktop and curb all ready in place Hearing no other CODJDents or questl.ons a motion was made to close the hearing The motion was made by Ihn Cornelius and seconded by Bob Braun All were in favor and the motion carried A motl.on was made by Jim Krystosek to approve the RESOLUTION ORDERIOO OJNSTROCTION OF STREET IMPROVEMENT NO 1989-1 AND DIRECTIOO PREPARATION OF FINAL PLANS AND SPECIFICATIONS The motion was seconded by Ibn Cornell.us All were in favor and the motion carrl.ed A motion was made by Ibnatus Vetsch to opp..n the hearrng on the 1989-2 Street Improvement Project The motion was seconded by Bob Braun All were in favor and the motion carried Notice of the hearrng was read by Maureen Andrews Thore brl.efly reviewed the City plan to undertake sealcoatlllg and pomt repal.rs on a varl.ety of streets loCated throughout the Cl. ty of Albertvl.lle He explained that this work will p..tt the City back on schedule wl.th l"(='..gl..llar street maintenance, allowing the Cl.ty to return to an annual mamtenance program The expected cost of the work l.S estl.mated at $70, ~ 00 Several residents present questioned why the C1ty would be dorng th1s type of work on fairly new streets It was pointed out that streets should be sealed on a regular basis 60 not to have IDa,Jor weather damage done to them over a period of years There was a question regarding what the expected C06 t would be to each of the residents effected by this work Maureen explamed that it was the C1ty'S m~nt not to assess any of the cost back to the md1vl.dual ad.lacent to the work rot will levy the necessary costs as part of the Wdgeting process Hearl.ng no other CODJDents or questions a mot1on was made tCj close the hearl.ng The motl.on was made by Ibnatus Vetsch and seconded by Bob Braun All were in favor and the motion carrl.ed A motion was made by Ihn Cornell.us to approve the RESOLrJrION ORDERIOO (XlNSTROCTION OF STREET IMPROVEMENT NO 1989-2 AND DIRECTlOO PREPARATION OF FINAL PLANS AND SPECIFICATIONS The motl.on was seconded by Ibnatus Vetsch All were in favor and the motion carrl.ed A motion was then made by Ihn Cornell.us to approve the RESOLUTION (XlNSOLIDATIOO STREET IMPROVEMENT NO 1989-1 AND STREET IMPROVE11ENT NO 1989-2 INTO STREET IMPROVEMENT NO 1989-1A The mot1on was seconded by Ibnatl..l6 Vetsch All were in favor and the motion carried -8- . Thore asked for permission to go ahead with the advertislllS of blds prior to the approval of the plans and specifications to assist in meetl.Ilg the tl1De restrlctions The Council gave Meyer-Rohlin a verbal approval to go ahead to . getting notices to the necessary J;Ubhcations The Councl1 was next informed that there had been a change m the State r e. requirements for the operation of Ch-Sale and Off-Sale establlshments The new change allows these establishments to be open on days that there prevlously not allowed Bob Miller informed the Council that there would need to be em amendment to the City's Ordinance so that none of our tl..lBmeSSes would be m violation of their dram shop coverage Hearing no other corrment or questions. a motion was made by Ihn Cornelius and seconded by Jim Krystosek to approve Ordinance No 1989-11. AN ORDINANCE REGULATI~ THE HOURS OF OPERATION OF INTOXICATI~ LIQUOR (ON-SALE AND OFF-SALE) AND PROVIDIOO A PENALTY FOR VIOLATION THEREOF All were m favor and the motion carrled There was a brief discussion regarding the hiring of the new mamtenance employee The members of the Council who had not been able to attend the intervlews were briefly updated as to the candidates pree.entatlon It was :POmt out that there had been a lmam.mous discussion of those present that Raymond Varner was the best candidate for the position A motion was made by Don Cornelius and seconded by Jim Krystosek to approve Ray Varner for the position of Maintenance Helper effectlve July 1. 1989. pendl.l'lg Bob Mlller r s background investl.gatlon. All were ln favor and the motion carrled . A motion was made by Bob Braun and seconded by Ihr1B.tus Vetsch to adJourn the meeting All were in favor and the motlon carrled '-fY\~'1~ . . -- (7