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1997-06-03 CC Minutes . ALBERTVILLE CITY COUNCIL June 3" 1997 Albertville City Hall 7:00 PM PRESENT: Mayor Mark Olsen, Councilmembers Patricia Stalberger, Duane Berning, Robert Gundersen, and John Vetsch, City Administrator Garrison Hale, City Clerk Linda Houghton, City Engineer Peter Carlson, City Planner Liz Stockman and City Attorney Mike Couri Mayor Olsen called the regular meeting of the Albertville City Council to order. The agenda was amended by adding the following: I tern 5 i - Establ ish a special meeting on June 16, 1997, at 6: 30 PM for the purpose of employee reviews Item 7e(4) - Local Performance Measures Item 7e( 5) - Discuss drainage di tch on Barthel Commercial Park Berning made a motion to approve the agenda as amended. Stalberger seconded the motion. All voted aye. . The minutes of the May follows: Paqe I, Paraqraph 3 agree to drag and chalk $250 rental fee. Paqe 4, Paraqraph 2 6, 1997, meeting were amended as - The STMA Men's Softball Association the ball field, in addition to paying a - "Gary" is replaced by "Jerry" Berning made a motion to approve the minutes of the May 6, 1997, meeting as amended and to approve the minutes of the May 20, 1997, meeting as presented. Stalberger seconded the motion. All voted aye. Berning made a motion to approve payment of Check #'s 10965 - 10998 as presented. Gundersen seconded the motion. All voted aye. Jim Val eri us and Jim Eull, representing the STMA Hockey Association, addressed the Counci I regarding the drainage di tch that crosses the proposed ice arena. The Association would like the Council to consider purchasing the ditch property, rather than move the ditch. This would benefit both the ice arena site by allowing the building to be turned on the site. . City Attorney Couri advised the Council that there is still no joint powers agreement on the ice arena. The entities involved are waiting for the final financial calculations. The preliminary financial calculations indicate that the arena will operate at a loss for the first four years. City Engineer Pete Carlson explained that the City authorized . ALBERTVILLE CITY COUNCIL June 3, 1997 Page 2 of 8 a Northwest Drainage Feasibility study for draining this area of the City, including relocation of the ditch. At the public hearing, all property owners were opposed to the project due to the $190,000 cost and it was dropped at that time. Carlson further expl ained that a detention pond wi 11 al so be needed before the arena can be developed. Bernie Marx indicated he is waiting for the city to implement a storm sewer project on his property. Attorney Couri explained that the previous Council approved an agreement with Marx to pay one hal f the cost, to a maximum of $3,000, to all evia te the drainage probl em, contingent upon Marx waiving further cl aims against the City. Marx refused to sign the agreement at that time, and Marx indicated he is unwilling to sign the agreement now. Councilmember Berning suggested that City Engineer Carlson review the feasibi 1 i ty proposal prepared by Meyer-Rohl in, Inc. several years ago on the project. If the study is still current, Carlson will provide Marx with the study and the property owner will be required to have his engineer draw up plans and specs for City approval prior to installation. . Berning made a motion Revenue/Expenditure Report motion. All voted aye. to approve the Apri 1 as presented. Olsen General seconded Fund the Berning made a motion to approve the May Financial statement as presented. Olsen seconded the motion. All voted aye. Berning made a motion to approve the Follow-Up Sheet from the May 6, 1997, meeting as presented. Vetsch seconded the motion. All voted aye. Berning made a motion to approve the Wastewater Treatment Facil i ty Operations Report for Apri 1 1997 as presented. 01 sen seconded the motion. All voted aye. Berning made a motion to approve a 3.2 Malt Liquor License for st. Albert's Church at the st. Albert's Parish Center from 12:00 Noon to 6:30 PM on July 20, 1997. Olsen seconded the motion. All voted aye. Berning made a motion to approve a 3.2 Malt Liquor License for the Albertville Jaycees at the st. Albert's Parish Center from 7:00 PM to 12:00 Midnight on June 14, 1997. Olsen seconded the motion. All voted aye. . Berning made a motion to establish a joint meeting with the Planning Commission on June 24 at 7:00 PM to consider the Comprehensive Parks & Trails Plan. Olsen seconded the motion. All . . . ALBERTVILLE CITY COUNCIL June 3, 1997 Page 3 of 8 voted aye. Berning made a motion to approve the permit request from the Friendly City Days Committee to allow a fireworks display on Friday, June 13, 1997. Olsen seconded the motion. All voted aye. Berning made a motion to approve a 3.2 Malt Liquor License for the Albertville Lions at the Lions' Shelter as follows: June 13, 1997 10:00 AM to 12:00 Midnight June 14, 1997 10:00 am to 12:00 Midnight June 15, 1997 12:00 Noon to 12:00 Midnight Olsen seconded the motion. All voted aye. Berning made a motion to establish a special meeting on June 16 at 6:30 PM for the purpose of employee reviews. Olsen seconded the motion. All voted aye. Keith Franklin made a proposal to the City Council to purchase the one acre, triangular parcel abutting the property he currently owns, which was the old roadbed of Highway 152. He offered to pay $500 for the parcel, which would then be added to the tax rolls at an estimated annual $407 in tax dollars. Franklin stated that a portion of his driveway is on this property already. The Council received a letter dated June 3, 1997, from Diane Hoey, indicating the City is required to acquire bids for the sale of property. City Attorney Couri advised the Council that Ms. Hoey was incorrect and that the Ci ty can sell real estate wi thout seeking bids. City Engineer Carlson indicated that the City must maintain a drainage path over the property in the event it is sold. Councilmember Stalberger questioned whether a billboard sign would be located on this parcel. Franklin stated that there is one sign already on his site and there is no possibility (according to current ordinances) of another sign on the parcel. Judy Roden expressed the opinion that Ms. Hoey is in competition with Franklin and suggested that the Council research the potential for leasing billboards as a revenue generator for the City. City Attorney advised the Council to get the valuation of the parcel from the Wright County Assessor in order to evaluate the offer from Frankl in. Couri further suggested that the Ci ty may wish to inquire about an offer from Hoey. Counci lmember Vetsch went on record to state that Frankl in has always been good to and positive for the City of Albertville and . . . ALBERTVILLE CITY COUNCIL June 3, 1997 Page 4 of 8 feels that Franklin's request deserves consideration. Franklin also would like to purchase another parcel of wetland area along Barthel Industrial Drive from the City for the purpose of installing a billboard. City Engineer Carlson stated the City should maintain ownership of the wetland area. Olsen made a motion to deny the sale of the wetland parcel to Keith Franklin and to table a decision on the sale of the parcel abutting Franklin Sign until June 17,1997, when the assessed value of the lot is determined by the County Assessor (City Administrator to obtain assessed val ue) . Stalberger seconded the motion. All voted aye. City Planner Liz Stockman explained the request from Tony Lucas for rezoning his property from A-2 to B-3. The Planning Commission is recommending that the Council deny the request to rezone to B-3, but approve a rezoning to B-1. The intended use of the property is for a billboard. Both B-1 and B-3 allow billboards as a permitted use. The Planning Commission recommended the B-1 zone because it limits the uses that would generate traffic on a cul-de-sac. Berning made a motion to approve Decision as presented, and to rezone recommended by the Planning Commission. motion. All voted aye. the Findings of Fact & the property B-1, as Stalberger seconded the Planner Stockman presented the revised preliminary plat for The Meadows. Items I, 6 and 7 in the Findings of Fact & Decision have been incorporated in the revised plat. Stockman recommends prel iminary plat approval wi th the Findings of Fact & Decision amended to only Items 2, 3, 4, 5, and 8. Sewer service to the plat will cross County Road 19 from the trunk sewer line. A Trunk Access Fee (TAC) will be charged per acre, but the cost of the installation of the 10" sewer line will be deducted from the TAC fees. Bobby Heuring, an adjoining property owner, is concerned about addi tional water on his property. Ci ty Engineer Carlson stated that the discharge rate will be no greater after the development and most of the water is proposed to drain to the storm sewer system through Center Oaks. Mike st. Martin, engineer for the p I at , stated that drainage onto the Heuring property should be reduced by 80%. berm will be located along the property line. the A . ALBERTVILLE CITY COUNCIL June 3, 1997 Page 5 of 8 Heuring wants evergreens planted on the berm for screening his property and slowing snowmobile traffic. stockman stated that a buffer and/or screening is not required by ordinance. steve Ryan of Lyman Development stated it is unprecedented to require screening between single family and ag properties. Heuring further questioned how he will be able to serve his property for sewer and water. stockman stated that at the Planning Commission public hearing, Heuring was opposed to a street access onto his property. Engineer Carlson stated that sewer service can be extended in the future to the Heuring property from the Center Oaks addition. Stalberger made a motion to approve the revised Findings of Fact & Decision and to grant preliminary plat approval for The Meadows, subject to the developer obtaining a private easement from Pilot Land Development over the abandoned ditch which will temporari ly drain the plat to the west. Berning seconded the motion. All voted aye. . City Attorney Couri advised the Council that because sewer and water are not available to the Cedar Creek Business Park at this time, approval of the plat must be subject to an acceptable sewer plan being presented to and approved by the City Engineer. Couri recommended that only preliminary plat be considered for approval at this time. Don Jensen, Pilot Land Development representative, explained that the plat offers 1.5 to 1.75 acres sites for commercial use. He stated that sewer can be accessed from the south, but it would require a temporary lift station. Jensen will withhold his request for final plat approval for Cedar Creek Business Park until utilities are feasible. Berning made a motion to approve the Findings of Fact & Decision granting preliminary plat approval only to Cedar Creek Business Park, contingent upon the developer presenting an acceptable sewer plan to service the property to the City Engineer and Council, at developer expense. Olsen seconded the motion. All voted aye. The Council discussed the recommendation from the Planning Commission to approve the rezoning of the property for Center Oaks 1st Addition from R-1A to PUD. City Planner Stockman reported that the Center Oaks plat is not tied into the golf course, but rather abuts the Cedar Creek proposal. . Councilmember Vetsch expressed the opinion there are too many twin homes, small houses and lots. . ALBERTVILLE CITY COUNCIL June 3, 1997 Page 6 of 8 Don Jensen, Pilot Land Development, explained that because the design of Center Oaks is different from the usual subdivision design, a PUD zone is required. Every lot is 15,000 square feet or greater, setbacks meet or exceed the requirements, although the variance is from where the setback is measured from. Jensen further explained that an 18 hole golf course is in the development stages and five of the holes will be in the City of st. Michael. Planner Stockman feels that the entire concept plan, including the gol f course portion, should be tied into a PUD and the development then could proceed in phases. Ci ty Attorney Cauri agreed with Stockman that the PUD ordinance should be followed from the Concept Stage to the development Stage and the Final Stage. Couri further recommended that the Outlot platted for Center Oaks is approved. The outlot is platted to accommodate the sale of the parcel to Feneis Brothers as the senior housing development. Councilmember Berning stated he wants the entire concept plan presented for the PUD and agrees with waiving the time delay for resubmitting plats once they have been denied. . Vetsch made a motion directing staff to prepare a resolution to deny the rezoning request from R-IA to PUD for the Center Oaks residential portion, to approve the preliminary and final plat of the outlot, to waive the submittal time requirement for the Center Oaks residential plat, and to waive re-application fees for the plat. Berning seconded the motion. All voted aye. Rich Harrison, the designer of the Center Oaks and Cedar Creek North plat, demonstrated the "coving" design used for both plats. The Council concurred that a concept plan must be presented, which includes the golf course, prior to the rezoning request from RI-A to PUD is considered. Olsen made a motion directing staff to prepare a resolution to deny the rezoning request from R-IA to PUD for Cedar Creek North to deny preliminary plat approval, to waive the submittal time requirement for Cedar Creek North residential plat, and to waive re-application fees for the plat. Vetsch seconded the motion. All voted aye. . Berning made a motion to ORDINANCE AMENDING SECTION 2500 REGARDING THE REGULATION RECEPTION/TRANSMISSION DEVICES) Commission. Stalberger seconded adopt ORDINANCE #1997-2 titled AN OF THE ALBERTVILLE ZONING ORDINANCE OF ANTENNA (COMMUNICATION as recommended by the PI anning the motion. All voted aye. . . . ALBERTVILLE CITY COUNCIL June 3, 1997 Page 7 of 8 Berning made a motion to adopt ORDINANCE #1997-3 titled AN ORDINANCE AMENDING SECTIONS A-SOO AND A-GOO OF THE ALBERTVILLE SUBDIVISION ORDINANCE REGARDING SKETCH PLANS AND PRELIMINARY PLAT REQUIREMENTS AND ESTABLISHING A SECONDARY STREET ACCESS REQUIREMENT FOR RESIDENTIAL SUBDIVISIONS as recommended by the Planning Commission. All voted aye. City Engineer Carlson reported that although the Council has approved $32,000 for the 1997 street Overlay and Patching project, there is $60,000 available in the budget. There are other streets that could be patched or overlaid should the Council so choose. Berning made a motion restating that $32,000 is approved for the 1997 street Overlay and Patching project. Olsen seconded the motion. Berning and Olsen voted aye. Stalberger, Vetsch and Gundersen voted no. The motion failed. Vetsch made a motion authorizing the engineer to spend up to $40,000 in street patching and over! ay for 1997. Stalber'ger seconded the motion. Stalberger, Vetsch and Gundersen voted aye. Berning and Olsen voted no. The motion carried. Engineer Carl son reported that the drainage pI an Greenhaven addition will be completed by the next meeting. is also in the process of securing quotes for the culvert for the next meeting. for the Carlson crossing City Engineer Carlson further reported that the control panel for the lift station in the Sunrise Commercial Park is creating a site problem for County Road 37 realignment. He will provide costs for relocating the control panel from the north side of the lift station to the south side at the next meeting. Carlson recommends that the Public Works and Finance Committees begin discussions related to the future upgrade to the wastewater treatment facility. Berning made a motion directing the administrator to send notice to the property owner on 57th Street whose sewer and water connections cut through 57th Street that the pavement must be replaced within 30 days of the date of the letter, or the City will contract the work and assess the costs to the property. Olsen seconded the motion. All voted aye. City Attorney Couri requested that the agenda be amended to add a closed session to discuss the L & D Trucking potential settlement offer. The Council agreed to a closed session immediately before adjournment. . . . ALBERTVILLE CITY COUNCIL June 3, 1997 Page 8 of 8 Berning made a motion to approve the Peterson property appraisal of $44,332, to authorize payment of that amount to the Wright County Court and to request that the condemnation order be issued. Stalberger seconded the motion. All voted aye. Berning made a motion to approve the Grading Agreement for the Cedar Creek Business Park, contingent upon a letter of credit in the amount of $10,000 is provided to the City. Vetsch seconded the motion. All voted aye. Attorney Couri reported that the Veteran's Preference Commission has reached a preliminary vote of 2-1 in favor of the City. The Commission is recommending that the City Council reevaluate the job description of Maintenance Worker II and the points assigned. One Commission member wi 11 issue a minori ty opinion. Gundersen and Vetsch briefed the Council on the concept plan for the Joint Powers Board Watermain Ownership question. Gundersen made a motion to approve the concept plan as presented. Vetsch seconded the motion. All voted aye. Berning made a motion to adopt ORDINANCE #1997-8 titled AN ORDINANCE AMENDING SECTION 1 OF ORDINANCE #1997-5 TITLED NOISE, EXEMPTING CIVIC 'CELEBRATIONS THEREFROM. Stalberger seconded the motion. All voted aye. Administrator Hale reviewed the 1998 budget process with the Council. Mayor Olsen asked for comments on his recommendations for the Local Performance Measures. The Council concurred to proceed as Mayor Olsen recommended. City Engineer Carlson indicated that the ditch on the proposed hockey arena site is a private development problem and recommended the Council take no action. Mayor Olsen recessed the meeting to enter into a closed :.:,':';sion t.o discuss the potential L & D Trucking settlement at 11: 10 PM. Mayor Olsen reconvened t.he meeting at 11:30 PM. Berning made a motion to adjourn at 11:30 PM. Olsen seconded the motion, All voted aye. Mark Olsen, Mayor Linda Houghton, City Clerk