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1998-02-17 CC Minutes . ALBERTVILLE CITY COUNCIL February 17, 1998 Albertville City Hall 7 :00 PM PRESENT: Mayor Mark Olsen, Councilmembers Duane Berning, John Vetsch, Patti Stalberger, and Robert Gundersen, City Administrator David Lund, City Clerk Linda Goeb, City Attorney Mike Couri and City Engineer Peter Carlson Mayor Olsen called the regular meeting of the Albertville City Council to order. The agenda was amended by adding the following items: Item 5d - Close ice rink at City Park effective today Item 7 c( 4) - Site and building plan review for Security State Bank of Maple Lake Item 7 d(3) - Discussion regarding Friendly City Days Item 7d(4) - Reports on Finance Committee Meeting and Joint Powers Hockey Board Berning made a motion to approve the agenda as amended. Gundersen seconded the . motion. All voted aye. The minutes of the February 12, 1998, special meeting were amended as follows: Page 1, Paragraph 2 - Add "and design performance measures." Page 1, Paragraph 3 - Delete article (1) Page 2, Paragraph 3 - Replace "the Public Works employees" with "Tim" Olsen made a motion to approve the minutes of the February 2, 1998, regular meeting as presented and to approve the minutes of the February 12, 1998, special meeting as amended. Stalberger seconded the motion. All voted aye. Gundersen made a motion to void Check #10228 and to pay Check #'s 10225 -010227 and Check #'s 10229 - 10258 as presented. Stalberger seconded the motion. All voted aye. No one in the audience wished to address the Council during the Community Forum segment of the agenda. Berning made a motion to schedule the Board of Review hearing on Thursday, April 9, 1998, at 7:00 PM in the Albertville City Hall. Gundersen seconded the motion. All voted aye. . . . . ALBERTVILLE CITY COUNCIL February 17, 1998 Page 2 of 6 Berning made a motion to approve the amendment to the Cedar Creek Golf Course PUD Agreement as recommended by City Attorney Couri. Gundersen seconded the motion. All voted aye. Berning made a motion to adopt RESOLUTION #1998-5 titled A RESOLUTION AMENDING RESOLUTION #1995-41 TITLED ESTABLISHMENT OF COMPENSATORY TIME POLICY. Gundersen seconded the motion. All voted aye. Berning made a motion to close the ice rink at City Park effective today. Gundersen seconded the motion. All voted aye. Mayor Olsen opened the public hearing to consider vacation of a portion of old Highway 152 at 7:20 PM. City Attorney Couri explained that the City must vacate the triangular piece of the old Highway 152 before it can be sold. The piece of land is most likely unbuildable due to its shape and size. Franklin Outdoor Sign's driveway is presently on a portion of the pIece. James Franklin has offered to purchase the parcel from the City for $2,000, and the Council accepted his offer. In order for the sale to proceed, the parcel must be vacated. Mayor Olsen called for public comment. There was none. Berning made a motion to close the public hearing on the vacation of a portion of old Highway 152 at 7:25 PM. Vetsch seconded the motion. All voted aye. Gundersen made a motion to adopt RESOLUTION #1998-2 titled RESOLUTION VACATING A PORTION OF OLD STATE HIGHWAY NO. 152. Stalberger seconded the motion. All voted aye. City Attorney Couri reported that the Wright County Board of Commissioners rejected the County Ditch No.9 Agreement executed by the City Council. The Board wants the agreement modified to eliminate the City's ability to stop Wright county from cleaning the ditch if the cost exceeds $5,000. Wright County has statutory rights to clean the ditch, but the Board will allow the City the opportunity to comment on each proposal . . . ALBERTVILLE CITY COUNCIL February 17, 1998 Page 3 of6 to clean the ditch. Each party to the agreement has the option of canceling the agreement after a ninety day notice. Olsen made a motion to approve the amendment to the County Ditch No, 9 Agreement as described by Attorney Couri. Gundersen seconded the motion. All voted aye. Mayor Olsen opened the public hearing to consider the vacation of only the portion of Kadler Avenue bordering St. Michael at 7:35 PM. Attorney Couri advised the Council that upon vacation the property reverts to the adjacent property owner. In this case, the vacated road property goes to Pilot Land Development Company for the golf course. Couri suggested that the Council hear public comment on the vacation but table a decision on the vacation until the Cedar Creek Golf Course PUD Agreement has been signed. Colleen Riley stated her concern about increased traffic on County Road 37 when and if Kadler is vacated. Cars traveling to St. Michael will be forced to use County Road 37 and County Road 19, increasing traffic on both of those already-busy roads. Attorney Couri explained that the vacation is being requested to allow the golf course to be built. The entire golf course housing projects are designed with collector streets that will replace Kadler Avenue. The major street is proposed for construction possibly in late 1998. Colleen Riley stated although she is not opposed to the golf course, she feels that it is not essential to vacate Kadler Avenue. The golf course and Kadler Avenue could co- exist. She has seen many courses where a road bisects the course. She further stated that vacating Kadler Avenue is not acceptable for health and safety reasons. David and Lynell Becker were concerned that their property would not have an access. They were informed that the vacation did not cover the portion of Kadler Avenue that is their access. Although the developer may request vacation of the remaining portion of Kadler Avenue, a vacation could not be done unless all properties were provided with accesses. The Council explained that the gold course project has been in the works for several years and several different plans were presented. The Council believed that the 18-hole golf course designed to extend into the City of St. Michael was the best option . ALBERTVILLE CITY COUNCIL February 17, 1998 Page 4 of6 and was aware that the section of Kadler Avenue on the Albertville-St. Michael border would be vacated. Riley stated she didn't appreciate attending a public hearing when the vacation is "a done deal". Attorney Couri stated that several public hearings and public meetings discussing the golf course were held prior to the Council approving the concept plan. No objections were heard at any of those meetings. There was no further public comment. There was no further comments from the audience. Stalberger made a motion to close the public portion of the hearing at 8:25 PM. Vetsch seconded the motion. All voted aye. Olsen made a motion to table the decision on RESOLUTION #1998-3 until after the Cedar Creek Golf Course PUD Agreement has been executed. Vetsch seconded the . motion. All voted aye. The Council advised the Riley's that they could request to be notified of the date the Council will make a decision on the vacation of Kadler Avenue, but the Council is not obligated to take public comment at that meeting. Councilmember Berning removed himself from the Council at 8:40 PM. City Attorney Couri presented the Conditional Use Permit for Vetsch Custom Cabinets. Mayor Olsen questioned if there was a time at which the CUP would expire and rental offices would be eliminated. Since there was some question of what the Council had required, Stalberger made a motion to table the CUP Agreement to the March 2, 1998, meeting. Gundersen seconded the motion. All voted aye. Councilmember Berning returned to the Council at 8:50 PM. The Council reviewed the site and building plan for Security State Bank of Maple Lake. Berning made a motion to adopt the Findings of Fact & Decision, approving the site and building plans for Security Bank of Maple Lake. Olsen seconded the motion. All voted aye. . . ALBERTVILLE CITY COUNCIL February 17, 1998 Page 5 of6 The Council next reviewed the preliminary and final plat for Barthel Commercial Park Second Addition. The Council found the plat acceptable. The Council reviewed the building and site plans for the STMA Ice Arena and the two variances requested for the site. Based on the recommendations of the Planning Commission, Stalberger made a motion to adopt the Findings of Fact & Decision, as detailed. (1) The preliminary and final plat of Barthel Commercial Park Second Addition is approved. A variance allowing the parking lot entrance closer than forty (40) feet from the intersection of two street rights-of-way is granted. A 10 foot variance is approved for the parking lot setback from the south property line. (4) Park Dedication fees for the STMA Ice Arena lot is waived. (5) A developer's agreement is executed for the site. Gundersen seconded the motion. All voted aye. (2) (3) . The City Council discussed their intent regarding the Marx property which is zoned PII, as requested by the Planning Commission. Councilmember Berning stated he is opposed to amending the Comp Plan and the Comprehensive Parks and Trails Plan. Berning made a motion to advise the Planning Commission of the Council's intent to keep the Marx property for future park land as planned. As a part of the motion Councilmembers Berning and Gundersen are appointed as the negotiating team to meet and make an offer to purchase the property for future park use. Olsen seconded the motion. All voted aye. Olsen made a motion to table adoption of Ordinance # 1998-1 and Resolution # 1998-4 until the March 2nd meeting, in order to draft a Summary Ordinance for publication purposes. The ordinance, summary ordinance and resolution will be considered on the Consent Agenda. Berning seconded the motion. All voted aye. The Council discussed the problems with underage drinking during the Friendly City Days. The Council directed City Administrator Lund to send a letter to the Friendly City Days Committee requesting that they take steps to limit underage drinking. Some methods suggested included wristbands, roping off areas where beer is sold, etc. . . . . ALBERTVILLE CITY COUNCIL February 17, 1998 Page 6 of6 Olsen made a motion to join the Economic Development Partnership of Wright County at a cost of$500. Berning seconded the motion. Olsen, Berning, Gundersen and Vetsch voted aye. Stalberger voted no. The motion carried. Mayor Olsen updated the Council on the Finance Committee and the Joint Powers Hockey Board meetings. Berning made a motion to adjourn at 10:35 PM. Stalberger seconded the motion. All voted aye. . ~~en, MayOf(;_) ~ /. ./ \ /// \. /Z-l.<./i I~_/I- Lmda Goeb, City Clerk