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1997-06-17 CC Minutes . ALBERTVILLE CI~Y OOURCIL June 17, 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, 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: Item 6b - Consider amendment of Resolution #1995-14 regarding summer work hours for the Public Works Department Item 6c(3) - Consider change order for CSAH 19/37 Realignment Project Item 7e(10) - Consider hiring office help Item 7e(11) - Schedule joint meeting with Otsego City Council to discuss race track proposal . Olsen made a motion to approve the agenda as amended. seconded the motion. All voted aye. Berning The minutes of the June 3, 1997, meeting were amended at Paragraph 9, Page 4 to read as follows: ". . . drainage onto the Heuring property will be reduced by 80%." Berning made a motion to approve the minutes as amended. Gundersen seconded the motion. All voted aye. Berning made a motion to approve payment of Check #'s 11005 - 11007, Check #'s 11009 - 11038, and Check #'s 11040 - 11044 as presented, and to Check #11045 to Mark & Carolyn Bauer in the amount of $115.00. Administrator Hale was directed to contact the City of ST. Michael and ISD #885 regarding payment of Check #11039. Gundersen seconded the motion. All voted aye. No one in the audience chose to address the City Council under "Citizen Forum". Olsen made a motion to approve the General Fund Revenue/Expendi tures Report for the month of Mayas presented. Berning seconded the motion. All voted aye. . Olsen made a motion to adopt RESOLUTION '1997-34 ti tIed A RESOLUTION DENYING THE REQUEST FOR A REZONING FROM R-IA TO PLANNED UNIT DEVELOPMENT AND PRELIMINARY PLAT APPROVAL AS REQUESTED BY PILOT LAND DEVELOPMENT COMPANY FOR THE CENTER OAKS PROPERTY. Berning seconded the motion. All voted aye. 01 sen made a motion to adopt RESOLUTION #1997-35 ti tl ed A ~ ALBERTVILLE CITY COUNCIL June 17, 1997 Page 2 of 6 RESOLUTION DENYING THE REQUEST FOR A REZONING FROM R-1A TO PLANNED UNIT DEVELOPMENT AND PRELIMINARY PLAT APPROVAL AS REQUESTED BY PILOT LAND DEVELOPMENT COMPANY FOR THE CEDAR CREEK NORTH PROJECT. Berning seconded the motion. All voted aye. Counci lmember Berning removed himsel f from the Counci I at 7: 13 PM. City Attorney Couri reviewed the 2.0 acre subdivision platted by the City as Vetsch Commercial Park. The parcel will be sold to David and Jeanne Vetsch for construction of a cabinet shop. Stalberger made a motion to grant preliminary and final plat approval for the Vetsch Commercial Park. Gundersen seconded the motion. All voted aye. . The Council discussed the request for a variance of five feet from the front yard setback for Vetsch Custom Cabinets. The variance is necessary to allow the building to be constructed on the soils corrected area of the parcel. Proposed front setback of the building is 30 feet. The Counci I reviewed the si te pI at for the Vetsch Custom Cabinet building, as proposed with the 30 foot front yard setback. Olsen made a motion to adopt the Findings of Fact and Decision, as amended by deleting Item #11, granting a five foot setback variance and approving the site plan for Vetsch Custom Cabinets. Stalberger seconded the motion. All voted aye. Councilmember Berning rejoined the Council meeting at 7:40 PM. Councilmember Stalberger reported that since the public works department has changed the starting time for summer work hours, an amendment should be approved to Resolution #1995-14. Other Council members were unaware that the hours had been changed. Ci ty Administrator Hale explained that during some specific times, such as cracksealing and Friendly City Days preparation, he had approved the earlier start times for the public works department. Councilmember Berning and Vetsch both indicated that it is their preference that the hours remain unchanged and that the city administrator could approve the specific times when an earlier start time is warranted. Mayor Olsen stated that he feels that daily start times and hours are less important than that 40 hours a week are worked. ~ Olsen made a motion to amend Resolution #1995-14 to allow the public works department to work from 7:00 AM to 3:30 PM effective through September 15, 1997. Stal berger seconded the motion. . . . ALBERTVILLE CITY COUNCIL June 17, 1997 Page 3 of 6 Gundersen and 01 sen voted aye. Berning, Stal berger and Vetsch voted no. The motion to amend the resolution failed. City Engineer Carlson explained that the lift station control panel on 61st street is creating a line of site problem for the reconstructed CSAH 37. Carlson estimates the cost to relocate the control panel to be $3,000 or less. City Administrator Hale reported that NSP wants the electric pole in the same area relocated and underground wire installed to the new location. Since the City owns the pole, it is the city's responsibility for the costs. City Engineer Carlson indicated he could see no necessity or urgency to relocate the pole for the CSAH 19/37 project. Don Jensen suggested to the Council that perhaps there may be other funding options possible for the pole relocation through NSP, such as a minimal rate increase per kilowatt hour on the City's street lighting bill. Berning made a motion to authorize the ci ty engineer to proceed with getting a contractor to relocate the lift station control panel from the northerly to the southerly side at a not-to- exceed cost of $3,000. The cost will be paid through the wastewater treatment fund. Further, to authorize the city engineer to work with NSP on funding the pole relocation. If it becomes necessary to relocate the pole prior to the next Council meeting, the mayor and/or acting mayor are authorized to approve an agreement. Stalberger seconded the motion. All voted aye. Carlson explained he has gotten estimates from both contractors working on the CSAH 19/37 project to lower the culvert under the railroad tracks of around $40,000. There is basically only one contractor who jacks under railroad tracks for culverts and both project contractors would use that contractor. The City has the option of negotiating a change order for the CSAH 19/37 Intersection Real ignment Project and avoid having to bid the project out. Carlson believes a change order would be by far the easiest and quickest method of lowering the culvert. Berning made a motion authorizing the engineer to negotiate a change order for the CSAH 19/37 Realignment Project for the lowering of the cuI vert under the rai I road tracks wi th Wright County and the contractor. Funding the culvert lowering project will come from the storm Water Fund. Gundersen seconded the motion. All voted aye. Carlson discussed the change order presented from Wright County Assistant Engineer Virgil Hawkins regarding paths along CSAH 37 from Kalland to 60th Street and on the west side of CSAH 19 from . ALBERTVILLE CITY COUNCIL June 17, 1997 Page 4 of 6 1-94 to CSAH 37. Estimated cost of the change order $19,000+. Carlson believes it is easier and less expensive to acquire the easement separate from the road project, since no one is sure of the most desirable location. 01 sen made a motion to deny the change order for the CSAH 19/37 Intersection Realignment Project for paths. Berning seconded the motion. All voted aye. The Council considered the preliminary and final plat of Cottages of Albertville and the rezoning of the property to Planned Unit Development (PUD). City Attorney Couri recommended that the rezoning to PUD of Outlots A and B be denied until the developer provides the final plan for the outlots. Couri expl ained the pI at incl udes a private road into the rental portion of the project. He reviewed separate developer's agreements for the rental and owner units with the Council. The agreement requires trails be constructed on the plat. . City Engineer Carlson recommended that the Council require a cash park dedication rather than having the proposed trail constructed. Carlson feels there is no reason to construct a trail that leads nowhere at this time. Councilmember Berning reported that both the planner and the Planning Commission want the trail constructed. Berning made a motion to adopt the Findings of Fact & Decision for the Cottages of Albertville plat granting the rezoning request to PUD for the property with the exception that Outlots A and B will remain as presently zoned until the developer presents the final plan for the outlots, preliminary plat approval, final plat approval, and site plan approval. Stalberger seconded the motion. All voted aye. Berning made a motion to approve the Developer's Agreements for the rental and the owner-occupied cottages. Vetsch seconded the motion. All voted aye. The Council reviewed the final plat for Parkside 4th Addition. Berning made a motion to adopt the Findings of Fact & Decision as amended, granting final plat approval for the Parkside 4th Addition. Stalberger seconded the motion. All voted aye. . Berning made a motion to approve the Developer's Agreement for the Parkside 4th Addition, with the surety amounts to be adjusted after the actual bids are received, and trails will not be required to be constructed in lieu of a cash park dedication fee. Olsen seconded the motion. All voted aye. . . . ALBERTVILLE CITY COUNCIL June 17, 1997 Page 5 of 6 Berning made a motion to approve the Grading Contract for the Parkside Commercial Park as presented. Stalberger seconded the motion. All voted aye. City Attorney Couri reported a decision from the Veteran's Preference Hearing has been reached. By a two to one vote, the Commissioners found in favor of the City. The minority opinion of one of the Commissioners has also been filed with the City Clerk. Mr. Lindsay will remain in the position of Maintenance Worker II. However, the Commissioners recommended that the Council review the job descripti on of Maintenance Worker I I to determine if it describes the duties that are actually performed. Olsen made a motion authorizing the clerk to issue payment of $100 to each of the Veterans' Preference Hearing Commissioners and to send a letter to each thanking them for their service. Stalberger seconded the motion. All voted aye. City Administrator Hale reported he has spoken to the Wright County Assessor regarding the market value of the parcel adjoining the Frankl in Outdoor Sign Company lot and found that for tax purposes the market val ue of the parcel is $7,200. However, Assessor Greg Kramber stated that the parcel is of little value on its own. City Attorney Couri explained that he had spoken with Diane Hey, who, at the last City Council meeting, expressed via letter her interest in the property. She is no longer interested in the purchase of the parcel. Mayor Olsen suggested the Planning Commission be consulted as far as the plan for trail easements. Olsen made a motion to table further discussion of the sale of the parcel until the Planning Commission has indicated if there is a need for a trail easement over the parcel. Stalberger seconded the motion. All voted aye. The Council discussed the establishment of a Public Safety Committee to work with police and fire protection issues. Gundersen volunteered to set up and participate as a member of the Committee. Gundersen made a motion to establish a Public Safety Committee with consisting of two Councilmembers (Gundersen and Stalberger), the fire chief or the assistant fire chief, and a citizen-at-Iarge. Berning seconded the motion. All voted aye. The Counci I reviewed the Sheri ff' s Department houri y rates schedule for 1998 and 1999. Consideration will be given during budget meetings to the number of daily hours to contract police protection. . . . ALBERTVILLE CITY COUNCIL June 17, 1997 Page 6 of 6 Berning made a motion to authorize the city attorney to notify School street Development of the Ci ty' s intention to decl are a default of the Developer's Agreement on the grading of the second Westwind 3rd Addition lot, advising the developer he has 30 days to complete the grading. If the developer does not complete the work satisfactorily within the 30 day time limit, the City Administrator is authorized to get quotes from contractors and have the work completed. The costs of having the work done will be assessed to the property. Gundersen seconded the motion. All voted aye. The Council discussed the changes in the law regarding Local Performance Measures funds. Olsen made a motion to authorize the mayor and the acting mayor to sign the LPM form and return it to the Department of Revenue before June 30, 1997. Berning seconded the motion. All voted aye. Olsen made a motion directing the Planning Commission to review the Zoning Ordinance relating to housing size and make a recommendation to the Council about increasing the minimum size requirements. Vetsch seconded the motion. All voted aye. Olsen made a motion directing the Planning Commission to review the Sign Ordinance relating to billboard spacing, zoning and a potential moratorium on billboard construction, as well a recommendation on a fee schedule for billboards. Berning seconded the motion. All voted aye. The Council set the date for the annual Otsego Creek Authority meeting for October 8, 1997, at the Albertville City Hall at 7:00 PM. Stalberger made a motion not to renew the Cities membership in the Minnesota Association of Small Ci ties. Vetsch seconded the motion. All voted aye. The Counci I discussed part-time or full-time office hel p. Stalberger made a motion approving the staff to contact Temporary Assets of Rogers to locate a secretary/receptionist for 24 hours a week. Vetsch seconded the motion. All voted aye. Berning made a motion to schedul e a special joint counci I meeting with the City of Otsego to discuss a proposed racetrack on July 23, 1997, at 7:00 PM. Stalberger seconded the motion. All voted aye. Stalberger made a motion to adjourn at 11: 50 PM. seconded the motion. All voted aye. Berning Linda Houghton, City Clerk Mark Olsen, Mayor