1990-06-04 CC Minutes
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CXXJNCIL MINtJl'ES
June 4, 1990
'!be regular meeting of the Albertville City Council was OR l)Arl to order
by Acting Mayor Don <hrnelius, Mayor Gary Schwenz:feier arrived late. Members
present included Bob Braun, Ihn Cornelius, Donatus Vetsch and Jim Krystoaek.
Others present included Maureen Andrews, Bob Miller, Kevin J4AR )ht)t1Be, Jackie
Peterson, and Ken Lindsay.
'!be agenda for the eveningrs meeting was reviewed by the Council. A
IOOtion was made by Bob Braun and seconded by Jim Krystoaek. All were in favor
and the JOOtion carried.
'!be minutes of the Kay 21st meeting were reviewed and approved. A IOOtion
was made by Ihnatus Vetsch and seconded by Jim Krystoaek. All were in favor
and the IOOtion was carried.
The first item on the agenda was the Park Edge Subdivision.
Maureen Andrews informed the Council that Barthel Construction had
suboitted an application for the I'e7.nniYlg and subdivision of a parcel of land
located directly west of the intersection of Barthel and Drive and 5200
Street. The proposal included a request to rezone the property fran a "R-8",
Mixed Housing District to a Planned Unit Developoent (POD) District and for
Preliminary Plat Approval of the Parkrs Edge Subdivision.
Maureen reviewed with the Council the finrli~ of the Planning Report
frail Northwest ~iated Calsultants, Inc. Some of the points noted included
rli Rn:lSSion on the following issues:
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1. Land use for the proposed use and its relationship to the surrounding
land use.
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It was noted that the land uses 8Ur'l'QIDding this property
included the following zarlng designations:
. r.anrl Use 7.nning
North Single Family R-3
Soo:th Public Park R-3
East Industrial I-l
West Single Family R-3
It was also noted that this area selVeS as a transition between
the Industrial Park and the Single-Family Residential land uses.
'!be Caopreheosive Plan designated the land use of the said area
as high d.ensity residential developDeD.t (W or JOOre unites per
acre) becl'tuse its location to the Industrial Park, the odd
oc.nf.iguration of the site and the difficulty of providing a
single family type subdivision within its boarders.
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The subnitted prelillllinAry plat does provide a gradation in land
use via varied lot sizes and provides a functiOl'lR lly efficient
division of property which lIIIinilllli ~ the adverse effects of the
adjacent industrial park.
It was noted that to allow a deviation fran the proposed land
use in the ~ive plan is a policy decision for the
Council to make and sbou1d be done prior to approving the
rezoning and the prelillllinAry plat.
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2. The appropriateness of the use of Planned Unit Developoent (POD)
zarlng .
It was noted that due to the odd oc.nf.iguration of the site, the
applicant requested a POD zarlng designation to allow a number
of lots to lie smaller than typical R-8 requirements. The POD
zarlng would allow smaller lots to be situated along the
industrial park and the lazger lots to ab.tt silllli l~r sized
single f;:uni ly lots which lie to the west.
It was further noted that because of the odd oc.nf.iguration of
the site, strict oc.nformance of the sitrs existing R-8
requirements would i"P'lir the ~ble developoent of the
property. It was also pointed out that the City does maintain
ultimate control in establishing the performance sta1'lt'lards
within a POD District.
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PRRT.TMTNARY' PLAT
1. '!be size of the lots within the plat.
It was noted that the lot size range fran 9, Em to 19,161 square
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feet in size with an average lot measuring 12, 119 SC,;lUare feet.
It was noted that even though. the subdivisionrs average lot size
is less than 12,5e8 SC,;lUare feet typically required within r-8
districts, the proposed lot areas are considered a.oceptable via
the provision of the POD.
2. lot setback.
'!be prel iminAry plat conforms with the mini_:nn R-8 ~ts
of 25 feet :rear yard setbacks.
~me of the flexibility allowed in the POD District the
interior yard ~R do not have to be in as strict
conformance with the R-8 ~ts. '!be plan proposed less
stringent ~R than the standard which were octIIIlellted on by
the Planner.
Proposed Front Typical R-8 Front Plannerrs
Yard Setlv:lt* Yard Se+~ Reo: -lP-l'ViBtion
lots 1 &: 2 3ftJ feet 35 feet 3f?J feet
lot 3 25 feet 35 feet 25 feet
. lots 4-6 3ftJ feet 35 feet 3f?J feet
lots 7-9 3i!J feet 35 feet 25 feet
It was also noted that to further :improve the aesthetics and
:improve lot functioning, notably par)d.ng that it was being
suggested that the single fRlllli ly haDes be situated in a manner
in which attacbed garages are setback as far as possible. '!be
l.'ePOrt included boose footprints to further clarify this matter.
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3. Streets size and location.
'!be subdivision is to be aooessed. via a single cul-de-sac from
Barthel Drive which is considered positive because it reinfoI'CeS
an :in:ward neighborhood focus and also minimi?.e6 the negative
:iJQpacts (1. e. , noise, views, pedestrilm safety) produced by
sta.P-and-go semi-truck trailer traffic.
Because of the narrowness of the lot the subdivision is designed
with a e foot wide right-of-way, with a 37 foot driving surface
instead of the nonnal 60 foot R. O. W. which is required by
Orrli~. '!be plan does show a 00 foot radius on the cul-de-sac
to provide for appl"Opriate maneuvering space for emergency
vehicles .
4. Site grading and drainage.
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'!be plan subnitted indicates a significant amunt of earthwork
needs to be caDPleted on lots 2. 3, and 4 prior to the
construction of haDes. '!be grading plan needs to be JOOdified to
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gua:rd ~inRt any adverse erosion upon. the adjacent westerly
properties. Plans will need. to be further reviewed and OCIIIDented
on by the City Engineer.
5. Public Utilities.
Plans were sul:mitted for Preliminary water and sanitary sewer
installation bIt will be subject to review and OCQle[lt of the
City Engineer.
6. Landscaping plans.
This section of the report dealt with steps needed to be taken
to lessen the potential negative i.Dpacts of the close proximity
of the industrial park and the adjacent high volume roadway
(Barthel Drive).
It was suggested that both berming and coniferous tree plantings
be plaoed along the subdivisionrs eastern. border within the
Barthel Drive right-of-way, which will need. to be maintained by
the adjacent property owners.
7. Park dedication.
'!be plan does not provide for any park dedication. According to
Section A-tm.15 of the City Sulxlivision Ordinance, a cash
contrihltion ID8Y be provided in lieu of land dedication. Per
the Ordi~, a cash contribItion of $170.m per dNelling tmit
shall be required, which would total $1, 530.m. This issue shall
be subject further review of the Council.
aH":f rnTON
The report reiterates that fact that if the request is approved. that the
Cityr s CaQprehensive Plan will need. to be amended, again noting that the
decision of appropriate use is a policy matter to be determined by City
Officials .
If the City finds single family developnent to be an acceptable use upon.
the subject site, the finD would ~~d approval of the requested rezoning
fran R-8, Mixed Ibming District to POD, P1Rl'B'lAfi Unit DevelopDent as well as
the subnitted Prel imin.qry plat. '!be approvals, ~r shall be contingent
upon. the fulfillment of the oanditions described later in these minutes.
It was noted that at the time of the IUblic hearing the issue of single
stall garages were raised. It was pointed out that this rliRn1SSion had not
been part of the ori.ginal application and therefore had not been fonoal.1y
oamnented on by the Planner or the PlmmiYlg CnmniRRion.
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The Council was informed that the Pl.anning o-i RRion had o:.moented on
the matter, indicating that they did not feel that it was a,pprupriate to allow
single stall garages when the Ordirv.l1'lOe required two stall garages . It was
noted that David Licht had ~ted as well, pointing out that financial
justification (FDfA Financing for new construction) is not enough
justification to providing for the deviation to the Ordil'lJlmC'!A.
Mayor Gary Schwenzfeier raiaed the question of what does the P. U.D do for
the property? The Council was informed by Bob Hi IIp.r that the P. U.D allows
for JOOre flexibility in handling land that doesn.' t meet the normal zoning
standards .
Ken pointed out that the prel imiYvny plat did not include a walkway fran
Lansing Circle to the Four Seasal Park. He pointed out that the other
cal-du-sacs adjacent to the park have access provided and suggested that
tJec;Dl'iJe of the plat r s location to Barthel Drive that it might be advantageous
to do so here as well. It was that a walk path be located between lot #4 and
5 to access the playground and eliminate people fran walking across property
ownerrs grass.
Ihn Cornelius expressed ooocem. that the haDes on Barthel Drive would
lower the value of the adjacent houses. He felt that the IUblic might not
realize how small and close together the houses will be.
Maureen Andrews noted that even t)l(II;tgh the lots are smaller that they
will still allow for stancbn'd housing to be si'bJated on the property. She
also noted that the Zcming Ordil'lJlmC'!A requires that a house have a mini...
floor area of 960 square feet for a two bed:roan haDe and 1,040 for a three
bed:roan of main floor living.
Bob Miller pointed out that he felt that a declaration be included to not
allow access on Barthel Drive, requiring that all driveways access onto
Lansing Circle.
Ihn Cornelius questi.ooed who will maintain the berm. After rli AOlBsion the
Council agreed that the residents adjacent to the berm shall be :responsible
for the main~ of the berm after PJ,l:'Chase of the property, with the
stiIUlation that they do not alter the design or make changes without the
Cityrs approval. '!be berm on the vacant lots would be the :responsibility of
the ....:tilder. It was further noted that this would be included as part of the
Developer's Agr.OOIIlOO.t.
There was sane rli Rl"'J1BSion regazding the number of lots shown in the
preli..mi.nary plat. It was pointed out that the original draft of the plat
showed two cal-du-sacs with 5 lots on one and 4 on the other. There was was
sane ooocem. regarding the size of the lots and it was suggested the maybe the
developers sba1ld. consider the poasibility of reducing the plat by one lot to
make the lots ab.rtting Barthel Drive a little larger.
PltGK 5
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Mayor Gary Schwenzfeier asked Dave Wolff if Barthel Construction would be
oppoaed to cutting back one lot to allow for IOOre space betNeen the houses for
lawn and waJ.kways. Dave expressed that it would be very difficult to do and
still keep this a feasible single dwelling project.
Staff noted that the :reduction in the number of lots will not likely add
a lot to the subdivision because the major problem with the plat is the dept
of lots 7, 8, and 9 not the width. Bob Miller noted that ~Jse of the
constraints due to land configuration there is not Dl1Ch that can be done to
add any additional debt to the lots.
It was also noted that another problem with reducing the number of lots
in the subdivision has to do with the pending and cu.rrent assessments on the
lot. It was pointed out that to make the project cash flow, the subdivision
needs to have enoogh lots to justify the expense of the public improvements.
'!be Council was I'P.IniQded that the parcel of land in question already has
special ~ts levied. against it for the improvement of Barthel Drive and
will have additiooal assessments levied. in the future for the public
improvements within the subdivision.
Bob Braun noted his ooncern regarding the downzoning of the property fran
the R-8, Mixed Housing District designated for III1ltiple hoosing to the POD
zoning for the single family subdivision. Bob questioned whether it was wise
to down zooe the property when the City lm.ows that III1ltiply hoosing is a good
transitiooal zooe between the industrial pazk and the single family hoosing.
He pointed out that there was no assurance that Barthel Construction will not
cane back to the City to request the rezoning of sane of the land that is
cu.rrently zoned I-l, Light Industrial to III1ltiple when the market will support
this housing type.
Bob Miller pointed out that the Cityrs CaQp:rehensive Plan provides a
guideline for how the land RhQlld be developed and used and that the Council
will be able to address the issue if it was ever to arise. He also noted that
there shcW.d be a balance of single family and III1ltiple hoosing in a City.
He pointed out how there has been problema with sane older cities having
to many rental units and the varioos problems it causes. He suggested. that the
City try to keep the III1ltiple hoosing to a mRyin. of 25% rental units. With.
rental units you will have a lot of transient IOOVeIDeDt of people and that haDe
owners tend. to st.ay and take better care of their own property.
Hearing no other questions or OCGments a series of IOOtions regarding the
Parkrs Edge Subdivision were approved.
A IOOtion was made to ameod the CaQp:rehensive Plan to reflect the change
frail High Density Housing to Single family was made. The IOOtion was made by
Ihnatus Vetsch and ~ by Jim KIYstosek. All were in favor and the
IOOtion carried..
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A IOOtion was made to approve the :re;;rnniYlg of the R-8; Mixed Housing
District to POD: Pl;:roned Unit DevelopDent District and to d.i.rect staff to
prepare the ~t to the Zoning Map reflecting the change. 'Ib.e IOOtion was
made by Ihnatus Vetsch and seoooded by Ihn Cornelius. All were in favor and
the JOOtion carried.
A IOOtion was made to appl'Uve the prelimilVU'Y plat for Parkrs Edge with
the stipulations ~ by the planners. '!be ~ldations are as
follows:
1. A Chnprehensive Plan ~t is approved which allows the
subject plat to be consistent with the Cityr s land use plan.
2. Front yard setbacks i~ upon Lots 7-9 of the subject plat
are increased :fran 2eI to 25 feet to provide greater visual and
:functianal. consist.ency within the subdivision.
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3. Single f.-ily haDes to be oonstrocted within the subdivision are
configured in a manner in which. attached. garages are setback to the
furthest extent possible. Such a configuration is intended to lessen
the visual i.JQpact of IIlini1Dal fralt yard setbacks and visually open
the neighborhood plus provide IOOre off-street parlting. :EW.1ding
design and garage position on Lots 7, 8 and 9 shall therefore be
subject to approvcal. of the City :all lding Official.
4. '!be proposed 40 foot street right-of-way is foond to be ~le by
the City Engineer.
5. 'Ib.e subrdtted grading and drainage plan is mdified to identify
specific erosion ooo.trol measnres. '!be plan shall be subject to the
review and <XIIIDeD.t of the City Engineer.
6. '!be utility plan is subject to review and ocament by the City
Engineer.
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7. Both berming and coniferolS tree plantings are provided along
the subdivisionrs eastern border within the Barthel Drive
right-of-way. Such a barrier will viJ3t1l'llly and audibly screen
negative iJQpacts associated with the adjacent industrial parlt. 'Ib.e
said J ;mdscaping is to be maint;:liN>rl by adjacent property owners.
That a declaration be added to the Developer's Agreement that no
alteration of the berming shall be allowed.
8. '!be subject plat meets the Cityrs parlt land dedication
requirements and is subject to review by the City Park Board. And
that a walkway will be required :fran the plat to the Four Season r s
Park. It was :further stipulated that if it was not feasible to
install the walkway to the parlt within the plats current design that
the plat size sbcnl.d be reduoed by one lot to caQPenSate for the
needed space.
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9. A declaration will be added to the Developer~ s Agreement requiring
all dri~ aooess shall be on Lansing Circle and no driveways will
be allowed to front on Barthel Drive.
W. Other camoents as may be made by the City Administrator, City
)lli lrliYlg Official. City Engineer and City Attorney.
'!be JOOtion was made by Bob Braun and seccmded by Ihnatus Vetsch. All
were in favor and the motion carried.
The next item of the agenda was Main~.
Ken updated the Council on the new playground, informing them that it had
been delivered and will be insta.lled within the next couple weeks. He also
noted that the blacktopping is in the process of being done for the walkways
and the basketball court.
Ken informed the Council that he went ahead and added the extra 00 feet
to the waterline construction so that the waterline will be looped into the
Park r s Edge SulxIivision. '!be cost of the extra 00 feet will be picked up under
the 429 Improvement Project for the subdivision.
Ken also pointed out that the bases and the pitchers IID.lDd. are missing at
the ball park. He ex;pressed oonoern that there is a problem with the Park
Board and that there should be sane kind of guideline drawn up for them to
follow .
Ken asked the Council when interviewing for the new maintenance e:q>1oyee
will begin. '!be Council is trying to ~lle time for reviewing the
applications and will try to ~lle interviews as soal as possible.
Ken raised the issue of the water drainage problem, and what can be done
to resolve it. Ken and Bob Miller walked the problem areas Prior to the
meeting to see if they owld determine were the problem is and what legal
obligation the City, Township Developers and residents in the Green Haven
SulxIivision have.
Bob Miller brooght up 3 points that have to be considered.
1. We don r t know the history of who insta.lled the drainage tiles. There
is the question whether the drainage line is public or private, was
the :installation of the tile a joint effort by several of the areas r
residents and was the City involved with assisting in the financing
of the line or was it a Private drain tile. Bob noted that without
knowing the answers to these questions we may not be able to
determine who is Iesponsible for repairs.
2) We may never know the entire history.
3) The City may not have any authority to have the corrections made.
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'!be Council discussed the possibility of getting sane of the long term
residents of the town together for a meeting to canbine old memories to get
the story of what :really happened. '!be point was ra.ised whether or not this
information would hold up in a Coort of Law. Bob responded that "Old memories
are good memories in Coort." It was then rliRnJSSed. t.ha.t if it is determined.
that the City of Albertville had contrib.tted to the initial installation of
the tile then we should share in the coat along with Frankfort Township and
the Minnesota ))epa.rtment of Transportation.
:Ebb Miller updated the Council on the rli Rn1SSion regarding the pending
payment of the brl.lding permits for wren Kohnen. :Ebb informed the Council
t.ha.t he had met with Kevin and they had gone t..hroJgh the permits again. Bob
said t.ha.t he would be preparing a report on his findings.
'!bere was rliRnJSSion regarding a memo :received by Northwest Associated
Consultants, Inc. regarding adult entertainment, and the possibility of
updating the Albertville'sr Zoning Qrdirvmoes. The memo suggests the Adult
Bookstores be restricted :from being located within 1m feet of a day-care
operation, :w feet of a cburch, and 4m feet of a single fRmily residential
neighborbood, to prevent :future controversy in the City, if an Adult Bookstore
wish to locate in Albertville. A IOOtion was made by Jim Krystosek and
~ by Bob Braun. All was in favor and the JOOtion carried.
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A IOOtion was made to approve the Incaoe Received and Bills to be paid.
The IOOtion was made by Ihn Chrnelius and seconded. by Jim K.rystosek. All were
in favor and ~R 10536 t..hroJgh W585 were approved.
'!bere was rliRnJSSion regarding Kevin RocJenrs garage addition. NSP said
t.ha.t he has to have a 9 foot vertical and 12 foot horizontal clearance. Kevin
will try to reduce the garage to get the clearance. There was no further
di.scuBsion regarding this matter.
The Council next reviewed the bids on the pn-chase and installation of an
air conditioner for the City HalL At the present there are 2 bids in on the
project. CaQparing the two, it was pointed out that it was not a fair
cauparison since one of the bids did not include the duct work installation.
The Council felt t.ha.t the coat of the Air Conditioners were too expensive. A
IOOtion was made by Ihn Cornelius, to have the two bids :redone. The bids are
both to include the coat of a 2.5 &: 3.0 ton. air conditioner and duct work
needed. Also to get a couple IOOre bids :from other lY'WIpRnies with the same
information. When all the bids are in, the IOOtion is also to ~ the lowest
cost. '!be IOOtion was seconded. by :Ebb Braun. All was in favor and the IOOtion
was carried.
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'!be subject of the driveways that are caving in the Westwind
Sub:livision. There was rliFCt)lJSSion as to why this is happening. It was pointed
out by Jim K.rystosek t.ha.t it is due to the drought of the past couple years.
Since the gramd is dry it prevents the construction crew :from being able to
COJQPaCt the soil enough. After time and rain the soil settles and cauf3es the
big holes.
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Ihnatus Vetsch and Kevin Mealhoose pointed out that the water shut off
valves were placed in bad locations. It was requested that future plats are to
be in the middle of the lots. '!be Council rliRnmsed having Kevin Mealhoose do
the inspections on the valves since it is part of the housing inspection.
Donatus Vetsch expressed his concern regsrding the removal of the dead
bJshes and trees before Frifl!l1dly City Days. After sane discussion it was
decided that the maintenance crew had to ma:ny other things to take care of
before Friendly City Days and that the City would hire V&E r JmdRCaPing to
clean it up.
The Council briefly rliRnmsed the problem of what happened to the City
signs. Mayor Gary Schweozfeier said that they were to back up by Wednesday.
'!bere was also questions as to what happened to the Albertville sign. SaDeone
has been cbangi.ng the letters aroond. With no :further discussion the Council
requested Ken to look into the matter.
Jim Krystosek suggested the City run a notice in the paper to inform the
residents of the recycling ~:lle. He pointed out that it was windy the day
the ocmtainers and notices were delivered to the residents, and that sane of
the notices may have blown away.
A JOOtion was made to adjourn the meeting. '!be JOOtion was made by Bob
Braun and seoooded by Ikmatus Vetsch. All were in favor and the JOOtion
carried.
'-f11l~~ Clck~~
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