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1997-09-22 CC Minutes . . . ALBER-rYILLE CITY COUIfCIL Sept~r 22, 1997 Albertville City Hall 7:00 PM PRESENT: Mayor Mark 01 sen, Counci Imembers Patricia Stalberger, Duane Berning, Robert Gundersen, and John Vetsch (9:30 PM), City Administrator Garrison Hale, City Clerk Linda Houghton, City Attorney Michael Couri and City Engineer Peter Carlson Mayor Olsen called the regular meeting of the Albertville City Council to order. The agenda was amended as follows: Add Item 6e(S) - Authorize the Fire Department to prepare specifications for the purchase of a new fire rescue truck Berning made a motion to Gundersen seconded the motion. approve the agenda as All voted aye. amended. Berning made a motion to approve the minutes of the September 2,1997, special meeting to consider a municipal liquor store, the minutes of the September 2, 1997, special meeting on the 1998 budget and the minutes of the September 8, 1997, regular meeting as presented. Gundersen seconded the motion. All voted aye. Gundersen made a motion to approve payment of Check its 11210 - 11231 as presented. Stalberger seconded the motion. All voted aye. Don Jensen, representing Pilot Land Development Company, addressed the trails in the Parkside 3rd and 4th Additions. Since this item is scheduled on the agenda already, Jensen agreed to wait for that discussion. No one else in the audience asked to address the Council. Berning made a motion to approve Report for August 1997 as presented. motion. All voted aye. the Revenue/Expenditure Stal berger seconded the Berning made a motion to approve the WWTF Operations Report for the month of August 1997 as presented. Stalberger seconded the motion. All voted aye. Berning made a motion to approve the Follow-Up Sheet as of September 8, 1997, as presented. Stalberger seconded the motion. All voted aye. Zoning Administrator Hale reported Commission wi 11 be conducting two publ ic that the Planning hearings on Tuesday, 1 . October 14, 1997,--one for the purpose of considering amendment of the Zoning Ordinance in regard to performance standards and one for the purpose of considering amendment of the Sign Ordinance in regards to billboards and temporary real estate signs. Olson made a motion to adopt ORDINANCE '1997-15 titled AN ORDINANCE AMENDING ORDINANCE '1997-9 TITLED AN ORDINANCE REGULATING ADVERTISING DEVICES (BILLBOARDS) AND BUSINESS SIGNS AND PROVIDING A PENALTY FOR VIOLATION. Berning seconded the motion. All voted aye. Zoning Administrator Hale explained that the Planning Commission briefly discussed an amendment to the Comprehensive Plan regarding zoning both sides of County Road 19 starting at 50th Street to 57th Street to B-3. The consensus of the Commission was to wait for property owners to request the zoning change. Doug Psyk, one of the affected property owners, stated that residential property abutting County Road 19 is unlikely to sell. He favors rezoning the property to B-3. . Gundersen made a motion directing the Planning Commission to conduct a public hearing to consider a zoning amendment from R-1 (Single Family Residential) to B-3 (Highway Commercial) for the property abutting County Road 19 from 50th Street to 57th Street. Stalberger seconded the motion. All voted aye. Don Jensen, Pilot Land Development Company, asked the Council for direction on the Cedar Creek North Phase III Townhouse Area A revised design. The revision consists of eight townhouses and four single family lots, instead of the twelve townhouses as originally proposed. Olson made a motion to approve the revised design for the Cedar Creek North Phase III Townhouse Area A revision with eight townhouses and four singl e fami I y lots. The motion does not approve the entire PUD for the golf course and grants no property rights. Berning seconded the motion. Olson, Berning, and Stalberger voted aye. Gundersen voted no. The Council considered that a rezoning to PUD for the entire golf course plat will require four-fifths vote. Gundersen indicated that he is opposed to the townhouse design and will not vote in favor of the PUD rezone with the townhouses. Gundersen further stated that in prior conversations wi th absent Councilmember Vetsch, Vetsch indicated he is also opposed to the townhouses in Cedar Creek North Phase III Townhouse Area A. . Berning made a motion to Gundersen seconded that motion. reconsider the previous motion. All voted aye. Berning made a motion to approve a revised design for the 2 . Cedar Creek North Phase III Area with all single family lots. The motion does not approve the entire PUD for the gol f course and grants no property rights. Olsen seconded the motion. All voted aye. The Public Works Committee reported they will meet before the City Council meeting on October 6, 1997, with representatives from a company to consider the purchase or 1 ease of a loader. Don Jensen of Pilot Land Development Company offered to allow the City to store a loader in an existing storage building on their property rent-free for the year. The Council tabled further discussion on the loader to the October 6, 1997, meeting. The Council tabled discussion on the salt shed pending discussion with the County regarding the City's ability to use the County's facilities for salt storage. Berning made a motion authorizing the extension of the storm sewer from an existing line that is connected to the catch basin on Main street to a new catch basin at the Fire Hall /Publ ic Works Building parking lot. Funds to pay for the project, approximately $2,000, will come from the TIF #5 budget. Stalberger seconded the motion. All voted aye. . Berning made a motion authorizing to approve the quote in the amount of $1,387.00 and authorize Meiny's Diggers, Inc. to remove apron, add 70 feet of 12" plastic pipe and replace apron on the end of the ditch south of County Road 37 and east of Main Avenue with funds coming from the TIF #5 budget. Stalberger seconded the motion. All voted aye. Berning made a motion to authorize expenditure not to exceed $1,000 from the storm sewer fund and direct Meiny' s Diggers to reg rout manholes at a cost of +/-$200 per manhole. Stalberger seconded the motion. All voted aye. City Engineer Peter Carlson discussed increasing the street standard design due to poor subgrade soils in many areas of the City. Carlson is not asking for Council action at this time. Don Jensen, Pilot Land Development Company, stated that additional standards should be required only for the areas with sub-standard soils, rather than an across-the-board increase in the standard design. Berning made a motion to table further discussion on street standards to the November 17, 1997, meeting. Gundersen seconded the motion. All voted aye. . Carlson discussed the requirements for a Wastewater Treatment Facility Plan--the first step in evaluating the City's current and projected wastewater treatment needs. Estimated cost for preparing the Facility Plan is $50,000. The cost of the plan will be 3 . reimbursed if, or when, the City receives a PFA loan. Berning made a motion authorizing SEH to prepare a Wastewater Treatment Facility Plan with expenditures from the SAC Fund. Gundersen seconded the motion. All voted aye. Carlson reiterated that the properties owners in the Greenhaven Addition are opposed to granting additional easements across their property for a new tile line. The City has the option of placing new line within the already-platted drainage easements. The disadvantage of this option is the number of 90 degree angles necessary and the maintenance and clean-out of those areas that will be created due to the lack of grade ("drop") from one end of the project to the other. (Councilmember John Vetsch arrived at the meeting at 9:30 PM.) Stalberger made a motion to authorize the 18" tile line with drop drains to be installed drainage easements in the Greenhaven Addition. the motion. All voted aye. installation of an within the current Berning seconded . Carl son discussed the curb and gutter in Kal enda Court. Although the plans for the project show the street designed with a 1.5% street grade, during construction the grade was changed to 0.5%. Since the road was built, there has been some settlement of the curb and gutter. Carlson reported that the curb and gutter is in good condition except in the driveway areas where it is very poor. Because of the settlement in isolated areas, water ponds in several areas. The only way to eliminate the ponding is to reconstruct the street. Ed Kauffmann, owner of the Westwind Apartments, requested that the City raise the Kalenda Court curb and gutter so that the water will run out of the cul-de-sac. He plans to replace the parking lots for the apartments but wants the drainage problem corrected prior to blacktopping the parking lots. Carlson estimated the cost of replacing the concrete curb and gutter at $12 per foot. There are approximately 200 feet of concrete starting from the throat of the cuI de sac. The Council questioned City Attorney Couri whether the City could assess the cost of the repairs to the benefitting properties. Couri explained that cities use various methods of financing street repairs and the City must determine its own assessment policy. . Berning made a motion directing the city engineer to secure quotes on repl acing the curb and gutter in Kal enda Court for consideration at the next Council meeting and to contact Meyer- Rohl in to determine why the street design was changed. Vetsch seconded the motion. All voted aye. 4 . Carlson reported its appears that the owner of Lot 2, Westwind 3rd Addition, filled in the outlet ditch to the detention pond when the vacant lot was graded to eliminate a nuisance condition. This has caused the water level in the pond to increase and back up water onto the adjacent parking lot. The owner has been notified and directed to correct the problem. Carlson reported that he is proceeding to get prices from Fehn Excavating on the cost of fi 11 for the Savi tski di tch project. Andy Savi tski is aware that the project wi 11 cost him between $16,000-$20,000 and is willing to have the City proceed. Carlson recommended that the Council resurrect the Feasibility study for the NE Sanitary Sewer and Water Main Extension because two developers have expressed interest in proceeding with projects. It would be necessary for the Council to conduct another public hearing on the study. The Council should also consider how to handle the gravel roads leading into any development on the northeast side of the city. The Council tabled further discussion of the feasibility study until October 6 when the administrator can provide the amount of escrow funds required from each developer to pay the additional costs. . The Council concurred that the gravel roads leading into the potential developments on the northeast corner of the city should be paved at the time of development. The Council agreed that the Ci ty may participate in the costs of upgrading the coIl ector streets to 9-ton standards. Stalberger made a motion requiring that the roads leading to the developments proposed in the northeast corner of the City be paved to 7-ton standards by the developer and the Ci ty wi 11 participate in the cost through upgrading the roads to 9-ton standards. The motion further directed the Transportation Commi t tee to meet wi th the Ci ty of Otsego regarding the shared roads and determine if it is possible to pursue a grant. Gundersen seconded the motion. All voted aye. Berning made a motion to approve the Conditional Use Permit- Planned Unit Development Agreement with Don's Bus Garage with a letter of credit in the amount of 100% as recommended by the city engineer. Stalberger seconded the motion. All voted aye. City Attorney Couri advised the Council that the trails in the Parkside 3rd Addition will require competitive bidding. . Berning made a motion agreeing to credit the developer for out-of-pocket expenses only for installing the trails in Parkside 4th Addition. The credit, which amounts to the difference between the park dedication fee required for Parkside 4th and the actual expense of install ing the trai 1 s, wi 11 be appl ied to the park dedication requirements for future developments. Stalberger 5 . seconded the motion. All voted aye. Berning made a motion to authorize rebate Kenco for the trunk sani tary sewer costs according to the terms of the Developer's Agreement. Gundersen seconded the motion. All voted aye. The Council considered the request from Pilot Land to rebate the costs of abandoning the temporary lift station. City Attorney Couri advised the Council that the City clearly owns the equipment for the lift station. City Engineer Carlson stated that City has no use for the equipment and sees no reason not to return the equipment to Pilot Land. Vetsch made a motion to deny the request for a rebate for the abandonment of the lift station but to approve turning back the components of the lift station to the developer. Berning seconded the motion. All voted aye. Arlan Middleton presented the LCMIT insurance quote for the City's coverage. The premium includes optional glass coverage at a cost of $1,845. Middleton feels that the cost of glass coverage is cost-prohibitive and recommended the Council reconsider purchasing the coverage. . Berning made a motion approving the excluding the optional glass coverage from the increasing the value of property in the open. motion. All voted aye. insurance package, LMCIT policy and to Vetsch seconded the Berning made a motion to adopt ORDINANCE '1997-13 titled AN ORDINANCE REGULATING THE USE OF BURGLAR AND SAFETY ALARMS, ESTABLISHING A USERS' FEE AND ESTABLISHING A SYSTEM OF ADMINISTRATION. Vetsch seconded the motion. All voted aye. Vetsch made a motion to adopt ORDINANCE '1997-14 titled ESTABLISHING FEES FOR FIRE PROTECTION SERVICE AND/OR EMERGENCY RESPONSE. Gundersen seconded the motion. All voted aye. The Counci I discussed the fees as detai I ed in Resol ution #1997-43. The Public Safety Committee recommended that the fee for false alarms be established at $280 and be charged after the second false alarm. Stalberger made a motion to approve RESOLUTION '1997- 43 ti tIed RESOLUTION ESTABLISHING CHARGES, FEE AND PENALTIES AUTHORIZED BY ORDINANCE #1997-13 AND ORDINANCE '1997-14 as recommended by the Public Safety Committee. Gundersen seconded the motion. All voted aye. . Berning made a motion to amend ORDINANCE '1997-13 as follows: Section 3, Subdivision 1 will read "A public safety alarm system that reports more than two (2) false alarms to the City in a twelve month period. . .user fee." Section 4, Subdivision 1 will read "one and one half percent (1 6 . . . 1/2). . unpaid." Section 4, Subdivision 2 will read "on or before November 15th. . year." Vetsch seconded the motion. All voted aye. Berning made a motion to appoint Scott Nadeau as the citizen representative on the Public Safety Committee. Olsen seconded the motion. All voted aye. Olsen made a motion authorizing the Fire Department to develop specifications for a new fire rescue truck. Gundersen seconded the motion. All voted aye. Berning made a motion to adjourn at 11: 59 PM. seconded the motion. All voted aye. Gundersen Mark Olsen, Mayor Linda Houghton, City Clerk 7