1995-04-17 CC Minutes
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ALBBR'l'YILLE CIn COUJICIL
April 17, 1995
Albertville Citf Ball
7:00 PH
PRES....: . Mafor Mike Potter, Councilmeeers Sharon Anderson,
Curt Muyres, Duane Berning,' and John Vetsch, Ci ty Administrator
Garrison Bale, City Clerk Linda Boughton, City Engineer Pete
Carlson, City Attorney Mike Couri
Mayor Potter called the regular meeting of the Albertville
City Council to'order.
Thea.end. wasameaded as follows:
Add: Con.idermotion requiring outstanding bills for developer
services .from the City Planner, Engineer and AttornltY be
paid in full prior to issuance of bui ldi.ng permits.
Berning made a motion to approve the ageDda as .-ended. M~yres
seconded the motion. All vote4 aye.
Muyre. ..ae a aoti.. requiring that all charges froaathe>city
planner, engineer, and attorney for work on development. are paid
to the City prior to issuance of building pe~:ta, in accordan e
with footnotes 1 and 2,on theZoDing Pee Schedule adopted by tbe
Council. Berning ..coAded th.naotion. All vot.ed aye.
Mayor Potter call.ed the public bearing to or4e1' for the
purpose of conaidering a variaace to allow an a~itiOll,' to the
Particle Control buildinos, a legal, non-conforl8ing... in the City
of Albertville. The PlaDD~ng & ZoniagCOIIIDi.sion has conducted its
own public hearing on April *11, 1995, and approved Pindings of Pact
before recommending that the, Council approve the vaTtance request.
City Planner ,. Liz Stockman has rec~nded that Particle
Control come more incompliance with tbe City's Zoning Ordinance,
in relation to landllcapingand hard surfacing, but, because tbe
Comp Plan is currently under review, Stockman bas suggestedtbat
Particle Control be re~ired to make various improvements over the
next 12-18 months. Norm Arns has met with Stockman to discuss what
improvements wi 11 be required and he has agreed to upgrade hiS:
property according to Stockman's recommendations within the time
requirements.
Mayor Potter called for public comment. There was none.
Vetsch made a motion to close the public hearing. Anderson
seconded the motion. All voted afe.
Vetsch made a motion approving the variance request to allow
an addition to the Particle Control buildings, based on the
Planning ComBdssion's Pindings of Fact and the reCommendation for
approval. Anderson aeconded the motion. All voted afe.
7be Council reviewed the Planning Commission's Findings of
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ALBERtVILLE CI7Y OOORCIL
'April 17, 1995
Page 2 of 6
Pact in relation to the Fraser Steel site plan and addition. The
Planning C~ssioa baa recOlNRellded approval of the site plan with
a 50' driveway acc.s. to eliMinate trucks having to back onto the
~treet. The drainage plans have been revised in accordance with
the city engineer's recommendations.
Anderson made a motion .to approve the .ite plan for an
addition to the PraserSt.el bUilding as presented, based on the
Planning Commission-'s Findings of Pact and recommendation for
approval. Muyres seconded the motion. All voted aye.
The Council reviewed the site plan presented for the addition
to Particle Control. Based on the Planning Commission's Pindings
of Fact and recommendati.on for approval, Anderson made a motion to
approve the site plan as presented. Berning seconded the motion.
All voted a1e.
The Council reviewed the site plan for the Omann Brothers
office and storavesite. Omann Brothers presented a signed
agreement with otsego 'rool coneerning the shared driveway aceess
into the two busine..es. OInann' s also presented a letter dated
. April 14, 1995, documenting the usual hours of operat~on.
Mayor Potter .....ttoned whether the o.ann's intended, to h.ve
a shingle grindinG _chille on site .t .11. OIaann replied that the
only time that piece of eflUi,..nt IfP.ld be on .ite .... while it was
being rep.ired.
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. City BDgineer Pete Carl.on,infonaed the Council' that he is
still in the.proces. of deter1liaiftG if ground a.phal t shingle. are
a sufficient du.t control ....ure on the outside storage area in
place of crushed granite. carl.on ~tated that both MBDOT and the
MPCA have given their approval .,for the use of crushedasphal t
shingles as a non-leeching, acceptable al ternative. . Rowever,
Carlson is still checking into the dust control issue. If Carlson
approves use of the shingles. on the outside storage area, an
agreement wi 11 drafted w1 th Omanns stating that if the shing! es do
not provide adequate dust control, the storage area wi 11 be redone
with crushed granite.
City Attorney Mike Couri recommended that the Council require
Omann Brothers to comply with the federalEPA moni toring system and
request pictures of the installation of the diesel fuel ing station.
Couri also rec011lftended t~t bulk waste materials not be
allowed to be stored OD site lODger than 24 hours.
Muyres made a motion approving the site plan for ODIann
Brothers, based on the Planning C~ission's Pindings of Pact ~d
recommendation, contingent upoa the follo..iag additional
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ALBBR~ILLE CI~ OOUWCIL
April 17, 1995
Page 3 of 6
conditions:
(I) The engineer approves the use of ground asphal t shingles
in pI ace of crushed grani te surfacing of the outside
storage area and Omann's written agreement that if the
ground shingles prove to be unacceptable at a later date,
crushed granite will be used.
(2) Onlanns OOJIIPly with fed.~al EPA standards in r.1ation to
the die.et fueling station and provide the 'City
photographs of the actual installation.
(3) Bulk waste materials viii not be stored on aite for
longer than 2. hours.
Ander~on seconded the .otion. All voted aye.
Berning made a ~tian to approve the Conditional Use Permdt
for outside storage for OIMann Brothers, based on the Planning
Commission'sPindinga of Pact and Rec~ndatfon, and contingent
upon compliance with all planaiDg and engineering reports.
Anderson seconcled the motion. All voted aye.
The Council reviewed the POD Conditional Us. Penait request
to allow zero lot lines on s.ven twin h..- lots in the Meadowview
. Addition.
Tim Philips addressed the Council with his concerns that one
twin home abuts his property. The Counci 1 explained that the
preliminary plat for the development was approved with the
condition that additional screening be placed on the rear property
line. .
Councilmember Vetsch stated concerns that the twin hOlDes will
have a negative impact on other property values.
Council-.mber Berning expressed concerns that if the Council
approves this Conditional Use Pe~it more requests for zero lot
lines will follow.
Abde rs on made a .tion to approve the PUO Conditional Use
Permit for seven twin home lots in the Meadowvie. Addition, based
on the Planning ComNd..ion's Pinding.of Pact and Recommendation.
Vetsch seconded the motion. Potter, Vet.~h, Anderson and Muyrea
vot.d 8Y.. Berning voted no. 7he POD Condi tioaal Us. Perm. t >"a.
approved. .
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Anderson made a motion to .pprove ItB8OLtrI'IC* 11995-25 entitled
A RB8OLtrI'IOB 01...,1110 ftB BftDLI...... or A IIOItAlfOallBl
'J.'BIIPOItUIL'f PROBIBI!'IIIO two PMIL'f DfBLLIH RlftIB _ PJ.Atr8 WI'"
1t-3, USr&D'!I,&LSlIlOLE MOBO "MILY ZOIIIIfO,DlftltICft. Mu,.res
.econded >'the motion. All voted aye. .
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ALBER~ILLE CI~ OOU8CIL
April 17, 1995 .
Page 4 of 6
Vetsch made a motion to adopt 0ltD11IAIICE' '1995-12 entitled U
IftBRIM ORDIIIUCB ~~ILY PItOIIIat,.IIIO WO ....ILy IIfBLLIRO UIU7S
IR RBI PLA7. WIft .-3, _I""IAL 8I11GLK AIID !IIO FAMILY 10111110
DIS'fttJCfS. Berning seconded the motion. All vo.~ aye.
Anderson made a motion ratifying the Finance Connittee's
decision to I iquidate the City funds in the Jliper Jaffre,. Voyageur
Fund and transfertbose funds to the Piper Jaffrey Money Market.
Vetsch seconded the motion. All voted afe.
Counci 1 member Muyres r.eported that the Finance Conni t tee wi 11
be contacting other brokerage firms to discuss what each has to
offer. City Administrator Hal e again stated his opposition to
remaining with the Piper Jaffrey firm.
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Linda was directed to contact Piper Jaffrey to find out if the
funds invested in zero coupons can be withd~awn without penalty at
any time.
City Attorney Couri reviewed his letter dated April 17, 1995,
regarding unspent funds in "ax Increment Finance District '5 with
the Council. Since there are currently bills in the State
Legislature whioh, if passed, would strip the City of the remaining
funds in TIP '5, Couri reooanended that the Counci I consider having
the EDA revise the TIP plan, with suggestions fr018 the Council on
where the remaining funda' should be spent. In addition, Couri
recommended that the City delay actuale.penditures of the funels
until the l.gislature mates its decision.
Anderson made 'a motion to direot the BDA to oonduct a public
hearing to a..nd the .,IP'5 budget wi th the suggestion that the
EDA consider the storm drainage project and sidewalk repairs a.
area.s for consideration. Vetsoh seconded the motion. All ,voted
aye.
Anderson made a moti.on to direct the EDA to conduct a public
hearing to oonsider modif,.ing the TIP '6 (Fraser Steel) budge.t to
allow Fraser ~teel eligible development costs. Potter seoonded the
motion. All voted aye.
The Council reviewed ORDIWUCE '504.00 entitled U ORDIWUCE
ESftBLISHIlfO ftE PROCESS !fOR HARDLY"G GARBAGE, REPOSE AKD
RECYCLABLES PREPADTIOW, COLLECTIOW AND DISPOSAL POR ftE CI~ OF
ALBERTVILLE. Attorney Court advised the Counci I that the ordinanoe
is not an organized collection ordinance as such, since the City
has not been divided among haulers.
Subdivision 10, Paragraph 3,,111 be drafted to olarify what
is required by the indemnIfication process. Couri advised that
Subdivision 4 also be amended by wiping out the dollar amounts and
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ALBBR!VILLE eI~ COUBeIL
April 17, 1995
Page 5 of 6
set those amounts by Council resolution.
Further discussion of the ordinance was tabled until a regular
or special May meeting, when the Council will review the ordinance
as amended at this meeting. .
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City.Engineer Pete Carlson reviewed the Urban Service Area and
the trunk access charges . Carlson explained that trunk sewer mains
will be required in three zones--the westerly zone, the northerly
zone and the easterly zone,. Estimated costs of the trunk sewer in
each of the districts was calculated on a per acre of serviceable
property to arr! ve at . trunk access charge as f.ollows:
Westerly lone $1100 per acre
Northerly Zone - '1512 per acre
Easterly Zone $1600 per acre
In addition, each acre in the Urban Service Area would be charges
an additional $200 for the '-P9rMing of lift stations. All figures
projected by earlson ..t be fille-tuned prior to Council approval.
Carlson t.hell reported on the I~94/Albertville/Prankfort .to~
sewer .project. It appears, that Prankfort has not
responded in regard to participating in the project, but Carlson
has confirmation that MIDOTwill partiCipate at a minimum of 25\
of the total estimated cost of $37,968.
The project is proposed with a flat ditch tot he railroad
tracks, with a 12" pipe jacked under the tracks, which continues
parallel to t.he edge of Barthel Industrial Drive t" t.he 42" storm
sewer. The plan has been submitted to MNDOT for their final
review, a process that could take up to 20 weeks. Carlson does not
anticipate construction until at least September of this year.
Muyres made a mOtion.to approve RESOLU'l'IOR '1995-26 approving
the project as designed and authorizing MNDOT to prepare an
agreement to provide. for t.he State to pay its share of the costs
of the improvements in accordance with the latest "Procedures for
Cooperative Construction Projects with Municipalities". Anderson
seconded the motion. All voted aye.
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Carlson reported that he has checked the alley that Security
Bank Northwest has petittoned to be vacated. Carlson's
reconmendation to the Council isto.n9t vacat. the alley, but
rather, to try to acc~date the bank without vacating the alley.
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Carlson also rec08IIended that the Public Works COIIIIlittee
consider lookiD9 atthe.pace needs of the Public Nork. department.
He pointed out that the sandlsal t storage shed is only one of
things that need to be considered.
ALBER'fVILLB erft.OOUlIetL
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April 17, 1995
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Anderson made a motion to adjourn at 9: 50 PM. Potter seconded
the motion. All voted aye.
il!iffl:r, Kal0t