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1998-03-16 CC Minutes . ALBERTVILLE CITY COUNCIL March 16, 1998 Albertville City Hall 7:00 PM PRESENT: Mayor Mark Olsen, Councilmembers Robert Gundersen, Patti Stalberger, Duane Berning and John Vetsch, City Administrator David Lund, City Clerk Linda Goeb, City Engineer Pete Carlson and City Attorney Mike Couri Mayor Olson called the regular meeting of the Albertville City Council to order. The agenda was amended by removing Item 5b from the Consent Agenda and placing it as Item 7a(4). Berning made a motion to approve the agenda as amended. Gundersen seconded the motion. All voted aye. Berning made a motion to approve the minutes of the March 2, 1998, meeting as presented. Gundersen seconded the motion. All voted aye. . Olsen made a motion to approve payment of Check #'s 10312 - 10315 and Check #'s 10317 - 10341 and to hold Check #10316 to Burlington Northern Railway for parkland rent at this time. The Council agreed to have the administrator and/or engineer contact the railroad to discuss the potential sale of the right-of-way that is leased to the city for the park. Stalberger seconded the motion. All voted aye. Colleen Riley expressed her concerns over the proposed vacation of Kadler Avenue that will be considered later in the meeting. She believes the City will be giving up a road that is used by many local residents which is not essential for the development of the golf course. She feels that the golf course could be redesigned to eliminate the need for the vacation of Kadler Avenue. Bob Heuring questioned the City Council about the procedures to follow if he chooses to add a commercial building on his property. Heuring was advised that he should visit City Hall during office hours to pick up the required forms to be completed for a rezoning and building/site plan review request. . Bernie Marx questioned why he has an $11 per foot water assessment on his property. The council explained that the assessment is a deferred assessment from the original 1977 EDA watermain construction project. . ALBERTVILLE CITY COUNCIL March 16, 1998 Page 2 of6 Marx explained he feels the City and/or Wright County should reimburse him for the trunk sewer assessment that he paid on the % acre parcel that was sold for the CSAH 19/37 Realignment Project. City Attorney Couri stated that the trunk sewer benefit was considered at the time the property was appraised. It is almost always the seller who pays the assessment on property unless the buyer agrees to accept the assessment. Stalberger made a motion to approve the Financial Statement for the period February 24 - March 13. Vetsch seconded the motion. All voted aye. Stalberger made a motion to approve the February 1998 Wastewater Treatment Facility Operations Report as presented. Vetsch seconded the motion. All voted aye. Mayor Olsen opened the public hearing for the purpose of considering an Outdoor Recreation Grant Program application for Oakside Park. . City Administrator Lund explained the Outdoor Recreation Grant Program sponsored by the Minnesota Department of Natural Resources. The maximum grant amount is $50,000 and requires a city matching contribution. Lund reviewed the proposed concept plan for the development of Oakside Park. Phase 1 of the development consists of a grass ballfield, two tennis courts, horseshoe pits, a playground, a parking area and a water faucet and drains. The Phase 1 proposal provides facilities for children, youth and adults. The estimated cost of the Phase 1 development is $106,000. Should the City be awarded the maximum grant, the City's portion of this phase is $56,000, which will be expended from the Park Dedication Fund. Mayor Olsen called for public comment. There was none. Berning made a motion to close the public hearing. Stalberger seconded the motion. All voted aye. . . ALBERTVILLE CITY COUNCIL March 16, 1998 Page 3 of6 Berning made a motion to approve RESOLUTION #1998-7 titled A RESOLUTION AUTHORIZING AN OUTDOOR RECREATION GRANT PROGRAM APPLICATION. Vetsch seconded the motion. All voted aye. Berning made a motion to appoint Patti Stalberger and Mark Olsen to the Park and Recreation Steering Committee. John Vetsch will serve as the alternate to the committee. Gundersen seconded the motion. All voted aye. The Council reviewed the Development Stage Plans for Cedar Creek North and Cedar Creek South Additions. Both Cedar Creek North and Cedar Creek South are a part of the Cedar Creek Golf Course PUD plan. City Attorney Couri explained that approval of the Development Stages will be contingent upon the vacation of Kadler Avenue. Couri also stated that the Developer's Agreement for both plats will contain language explaining that sewer capacity for the entire developments is not guaranteed. . Stalberger made a motion to approve the Findings of Fact & Decision for both Cedar Creek North and Cedar Creek South with the addition of the recommendation of the attorney regarding the vacation of Kadler Avenue and the sewer capacity language. Berning seconded the motion. Stalberger, Berning, Olsen and Gundersen voted aye. Vetsch voted no. The motion carried. The Council reviewed the building and site plan and the Conditional Use Permit request for outside storage from Scherer Brothers Lumber. Berning made a motion to approve the Findings of Fact & Decision granting site plan and CUP approval for Scherer Brothers Lumber. Stalberger seconded the motion. All voted aye. Harold Swanson presented two concept plans for the property located between School and Mud Lakes. Alternate 5B is an R-IA plat incorporating the Shoreland Ordinance requirements and consisting of 87 residential lots. Alternate 6A is a PUD concept with 99 residential lots with a minimum 20,000 square feet area. This concept features a trail bordering each lakeshore and park area at the southern point of the property. The Planning Commission favored Concept 6A with the trails included. . . ALBERTVILLE CITY COUNCIL March 16, 1998 Page 4 of6 Councilmember Vetsch stated he prefers the 5B concept, due to the expense of establishing and maintaining the trail system. Councilmember Berning was concerned over the lack of the neighborhood park on Concept 6A, but he liked the trail concept. The Council agreed that a PUD proposal would be considered more favorably if the park area were increased to allow for the establishment of a neighborhood park as proposed in the City's Comprehensive Parks & Trails Plan. Stalberger made a motion to approve RESOLUTION #1998-8 titled A RESOLUTION DENYING THE REQUEST FOR A REZONING FROM P/I, PUBLIC/INSTITUTION, TO B-3, HIGHWAY COMMERCIAL, AS REQUESTED BY MARX, DANIELS, KOPP AND SCHERBER FOR A PORTION OF THE MARX PROPERTY. Vetsch seconded the motion. All voted aye. . Olsen made a motion to approve RESOLUTION #1998-3 titled A RESOLUTION V ACA TING KADLER A VENUE. Gundersen seconded the motion. All voted aye. City Attorney Couri presented the Developer's Agreement for Center Oaks 2nd Addition. This agreement is a shortened form of the Cedar Creek Golf Course PUD Agreement previously approved. An amendment to Paragraph E on Page 5 dealing with elevations will be amended to reflect the current ordinance requirements. Berning made a motion to approve the Developer's Agreement for the Cneter Oaks 2nd Addition as amended on Page 5, Paragraph E. Gundersen seconded the motion. All voted aye. City Engineer Pete Carlson discussed financing the NE Trunk Sanitary Sewer and Water Main project. Phase 1 of the project must be installed prior to the development of the Swanson property between School and Mud Lakes. Carlson estimates that Phase 1 will cost around $600,000, including both hard and soft costs. The project would be assessed to the benefitting property owners and trunk sewer and water fees will be charged to all benefitting property owners. . Carlson explained that in order to get accurate price, plans and specs should be authorized and an Environmental Assessment Worksheet (EA W) is also . ALBERTVILLE CITY COUNCIL March 16, 1998 Page 5 of6 necessary. Engineering costs for plans & specs and the EA Ware estimated at $40,000. Councilmember Berning feels that the developer should be required to pay a portion of the cost of plans and specs and the EA W if he chooses not to proceed with development of his property within two years. Harold Swanson agrees to commit to being responsible for $10,000 of the city's costs for plans and specs ant an EA W if development does not proceed within the two year time period. Gundersen made a motion to authorize the engineer to prepare plans and specs for the NE Sanitary Sewer and Watermain Extension project and to prepare the necessary EA W with Swanson's agreement that he will be responsible for $10,000 of the costs if development does not begin in two years. Berning seconded the motion. All voted aye. . Carlson reviewed the two proposals for the delineation of Marx 13-acre parcel. Both Svoboda Ecological Resources and Kjolhaug Environmental Services Company are reputable firms. Vetsch made a motion to have Kjolhaug Environmental Services Company delineate the Marx parcel at a cost $1,950. Stalberger seconded the motion. All voted aye. Bernard Marx stated that he is unsure whether a delineation of the property should be done at this time. If the delineation is delayed until he can farm the land for a year, he feels more land will be reclaimed from wetlands. Carlson explained that wetlands are not determined only on standing water but rather on the natural vegetation and soil types. Farming the property will not change the wetland area dimensions. Marx will not agree to accept the delineation definitive proof of the wetland boundaries. He further stated that he does not want to sell the parcel to the City, even though he stated he has a price in mind. City Administrator Lund questioned Marx as to what price he had in mind. Marx refused to state his price. . Vetsch rescinded his prior motion regarding delineation of the Marx parcel and motion to table discussion on the Marx property indefinitely. Stalberger agreed to rescind her earlier second and to second this motion. All voted aye. . ALBERTVILLE CITY COUNCIL March 16, 1998 Page 6 of6 The Council accepted the Annual Report on the OM&M of the Wastewater Treatment Facility. Berning made a motion to enter a three-year contract with Aramark for uniforms for the Public Works Department personnel at a cost of $658.32. The contract calls for seasonal change. Gundersen seconded the motion. All voted aye. The Public Works Committee recommends the purchase of a one-ton truck through the state bid at a cost of $34,000. Vetsch made a motion to authorize the purchase of a one-ton, highway-orange truck through the state bid program. Berning seconded the motion. All voted aye. . City Clerk Goeb explained that the city auditor recommended an inter-fund loan to finance the fire rescue truck and the balance of the Bobcat vs. a lease/purchase option. Interest can be paid to the lending fund from the general fund at the rate determined by the Council. Gundersen made a motion to rescind the March 2, 1998, motion regarding the lease/purchase financing option and authorize an inter-fund loan to finance the fire rescue vehicle and the bobcat. Vetsch seconded the motion. All voted aye. Olsen made a motion to recall the $435,000 Improvement Bond of 1990 and the $210,000 Sewer & Water Revenue Bond of 1988 on June 1, 1998. Berning seconded the motion. All voted aye. Berning made a motion to adjourn at 11 :45 PM. Gundersen seconded the motion. All voted aye. Mark S. Olsen, Mayor /' . \ /=)(" (// "'--... .. '-i/;' / \/ / " .' / t. 7" j /'v.f{./ '/~. Linda Goeb, City lerk .