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1998-04-20 CC Minutes . ALBERTVILLE CITY COUNCIL April 20, 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 Planner Liz Stockman Mayor Olsen called the regular meeting of the Albertville City Council to order. The agenda was amended as follows: · Amend Item 5b to read June 13, 1998 · Add Item 7d (10) - Discussion of Public Works department Berning made a motion to approve the agenda as amended. Stalberger seconded the motion. All voted aye. . Gundersen made a motion to approve the minutes of the April 6, 1998, regular meeting and the April 9, 1998, Board of Review hearing as presented. Stalberger seconded the motion. All voted aye. Berning made a motion to approve payment of Check #'s 10423 - 10438 and Check #' s 10446 - 10479 as presented. Vetsch seconded the motion. All voted aye. Bob Heuring addressed the Council under Citizen Forum regarding the beaver dam along the ditch line that is backing up water onto his fields. Heuring wants the City to have the beavers trapped or hunted to prevent their rebuilding the dam. Vetsch made a motion directing the staff to contact a hunter/trapper who is willing to remove the beavers at a cost of between $25-$50 per beaver, as negotiated with the trapper/hunter hired. Berning seconded the motion. All voted aye. . Don Jensen, representing Pilot Land Development Company, explained that he will be scheduling a grand opening for the Cedar Creek Golf Course and will request that the Council attend the opening. . ALBERTVILLE CITY COUNCIL April 20, 1998 Page 2 of8 Gary Steffens of Steffens Brothers Meats requested that a sign be placed to indicate the curve in Barthel Industrial Drive along his property. Steffens stated that many vehicles barely make the curve due to their speed. City Administrator Lund reported that the Public Works Department is aware of the problem and have taken steps to have the curve signed. The Financial Statement was removed from the agenda due to an error in the numbers. Olsen made a motion to approve a one-day gambling license for bingo for the Albertville Lions at City Park on June 13, 1998. Stalberger seconded the motion. All voted aye. Olsen made a motion to have Wright County provide tobacco licenses and the compliance checks for the City of Albertville. Stalberger seconded the motion. All voted aye. . Dan and Steve Feneis, developers of the Cottages of Albertville project, explained that they are considering converting the rental units that were approved to owner-occupied units because of the high cost of financing the rental units. The plan would lower the number of units from 44 rental to 38 owner-occupied units. Fenies is aware that the approved Housing TIF plan would be eliminated with the conversion from rental units to owner occupied units. If the developers opt to convert the units from rental, Councilmember Vetsch would like to see the land available for future units constructed as rental units. The City Council as a whole has no objections to the conversion from rental to owner occupied, as long as the senior housing restrictions are maintained. The developers will continue to check their options before a final decision is reached. If the property is converted, a new preliminary plat will be required showing individual lots. . Planner Stockman briefly reviewed the final plan stages for the Cedar Creek North and Cedar Creek South. The final plans conform with all City requirements and with the approved Cedar Creek Golf Course PUD agreement. . ALBERTVILLE CITY COUNCIL April 20, 1998 Page 3 of8 Olsen made a motion to adopt the Findings of Fact and Decision for the Cedar Creek North and Cedar Creek South Final Plans. Vetsch seconded the motion. All voted aye. Don Jensen of Pilot Land Development Company, explained the proposed Karston Cove at Cedar Creek North preliminary plat. The property is zoned R-5 but is proposed to be developed at a lesser density than the R-5 zone allows. The development consists of 81 housing units, governed by a property owners association. Representatives from Eagle Crest Builders who will do the construction of the housing units made a presentation of the types of units planned. All units will be owner-occupied and, although they are not exclusively restricted to senior citizens, the style of housing and the cost of the units make them attractive to senior citizens. The builders request an early-start for construction of the model unit to make the fall preview. . City Planner Stockman recommends that an eight-foot trail be constructed along Karston Avenue and 64th Street and that an easement along County Road 37 for a future trail be dedicated. The Findings of Fact will be amended by adding Condition #12 stating "The City Council reserves the right to allocate wastewater treatment plant capacity in a manner it believes to be in the public's best interest. This issue shall be subject to City Attorney review and inclusion within the Development Agreement" . Stalberger made a motion to adopt the Findings of Fact & Decision for the Karston Cove Townhouses at Cedar Creek North preliminary plat as amended by the Council. Berning seconded the motion. All voted aye. The Council reviewed the Conditional Use Permit request for U.S. West Cellular Monopole. Planner Stockman stated that the proposal meets all requirements of the City's antenna/communication device ordinance. Ken Nielson, representing U. S. West, was present to answer questions from the Council. Vetsch made a motion to adopt the Findings of Fact & Decision on the U.S. . West Cellular Monopole. Gundersen seconded the motion. All voted aye. . ALBERTVILLE CITY COUNCIL April 20, 1998 Page 4 of8 Planner Stockman reviewed the two Conditional Use Permits for Pat's 66. One of the CUP's is to allow a car wash facility in the proposed building expansion and the other is to allow the addition of six (6) auto repair bays. The Council reviewed the Findings of Fact and Recommendation as adopted by the Planning Commission. The property owners stated their objections to the requirement that a trail must be constructed at the time the final layer of asphalt is laid over other parking/site areas. They also object to having to pay park dedication fees because they are simply making an addition to their business. As long as every other business is charged for park and trail dedication when they make an addition, they will agree with the park and trail dedication charges. . The Council discussed how park dedication fees should be applied to an existing unplatted property. The Council concurred that park dedication fees should be charged at the time a property is platted or replatted. Therefore, it is the consensus of the Council that Pat's 66 does not meet the requirement of park dedication fees. The property owner volunteered to donate an easement for the trail. The Council next reviewed the condition that the driveway access be relocated to the south. City Engineer Pete Carlson sees no need to relocate the curb cut but suggested that the driveway be marked and/or signed. Vetsch made a motion to adopt the Findings of Fact and Decision amended as follows: · The park and Trail dedication condition will be deleted. · The property owner will donate a trail easement along their property line to the City. · The driveway access on Large Avenue can remain located where it is but will be marked and/or signed. Stalberger seconded the motion. All voted aye. . Planner Stockman presented Mike Savitski's proposal to construct a 7,200 square foot addition to an existing 7,200 square foot commercial building located south of County Road 37 and west of Lachman Avenue. The proposed building addition is to occupy Lot 2, Block 2 of the Sunrise Commercial park which was recently combined with the existing building site lying to the east. The Planning and Zoning Commission has recommended approval of the building and site plan . ALBERTVILLE CITY COUNCIL April 20, 1998 Page 5 of8 with the conditions presented in the Planning Commission's Findings of Fact & Recommendation. Mike Savitski told the Council he is opposed to Condition # 11, which requires park and trail dedication on his property. Savitski further stated that his father had donated $1,500 for the park system in 1985 and feels that he should not be charged park dedication fees more than once. Park dedication fees are generally paid upon platting or replatting property. Savitski has recently replatted this area to add more land to the Security State Bank of Maple Lake site. . Discussion continued regarding park dedication fees. The Council agreed to review and to establish a policy concerning when park dedication fees are due. Savitski wants to more ahead on his building project as soon as possible. The Council gave Savitski the option of getting approval of the Findings of Fact & Decision as presented with park dedication required or to table consideration of his building and site plan until the issue of park dedication fee requirements is resolved. Savitski suggested the Council approve the Findings of Fact & Decision, including the park dedication issues (Condition #11) provided the Council determine a policy for park dedication and revisit his situation at a later date. Berning made a motion to approve the Findings of Fact & Decision with Item # 11 relating to park dedication to be reviewed after the park dedication policy is resolved. No Certificate of Occupancy will be issued until Item #11 is resolved. Gundersen seconded the motion. All voted aye. Gundersen made a motion to adopt the Findings of Fact & Decision to approve the building addition for the Albertville Primary School. Stalberger seconded the motion. All voted aye. Gundersen made a motion authorizing City Engineer Pete Carlson to prepare plans for the 1998 Street Overlay Project. Berning seconded the motion. All voted aye. Vetsch made a motion authorizing City Engineer Carlson to secure bids to install a storm sewer pipe at the corner of County Road 37 and Main Avenue NE. Berning seconded the motion. All voted aye. . . ALBERTVILLE CITY COUNCIL April 20, 1998 Page 6 of8 The Wright County Deputy who patrols the city explained that he has discovered that at least one of the local bars allow clients to stay at the establishment after the 1 :00 PM closing time. He suggested that the City establish an ordinance defining when persons not employed by the establishment must vacate the premises. The Council directed City Administrator Lund to contact the City of St. Michael and the League of Minnesota Cities for a sample ordinance. The Council directed staff to research the Ice Arena Agreement to determine the specifics of the $133,333 the City has pledged to the ice arena proj ect. The Council discussed the proposed location of the STMA Junior High School building on the east of Marlowe Avenue and north of 50th Street NE. The Comprehensive Plan designates that property as industrial. The Council is not in favor of taking available industrial land off the tax rolls for a tax-exempt use. . The Personnel Committee reported that it is their recommendation not to increase Tim Guimont' hourly wage at this time but to relook at the question at the end of six months' employment. Based on the employee's job performance at that time, the Committee would be inclined to offer a $.25-$.50 per hour increase. Gundersen made a motion to increase Tim Guimont's hourly wage to $13.50 at this time. Vetsch seconded the motion. Gundersen and Vetsch voted aye. Berning, Olsen and Stalberger voted no. The motion failed. The Personnel Committee recommended a $300 bonus payment to City Clerk Linda Goeb for the extra duties she performed through December and January. Berning made a motion to approving the recommendation to pay the clerk a $300 bonus. Gundersen seconded the motion. Gundersen, Berning and Olsen voted aye. Vetsch voted no. Stalberger abstained. The motion carried. . Superintendent of Schools Mario DeMatteis and members of the STMA School Board asked to address the Council concerning the location of the new Junior High building. The School Board requested that a committee be established to discuss the issues involved in locating the new school in Albertville. Olsen made a motion to appoint Councilmembers Berning and Vetsch to a . ALBERTVILLE CITY COUNCIL April 20, 1998 Page 7 of8 Committee to meet with School Board members Patti Moses and Bob Helgeson. Gundersen seconded the motion. All voted aye. Councilmember Berning proposed that the City Council schedule a public hearing to consider rezoning the property along County Road 19 and S7th Street to commercial. The Planning Commission has been requested to consider conducting a public hearing on the rezoning but, after discussing the issue, made the recommendation that individual property owners should request the rezoning if they choose. . Berning made a motion to schedule a public hearing on May 18, 1998, at 7:1S PM, to consider the rezoning to B-3 (Highway Commercial) a SOO' strip of land on either side of County Road 19 to Jason Avenue on the west side ofCSAH 19 and to SOth Street on the east side of CSAH 19. He further motioned to consider rezoning to B-3 (Highway Commercial) a SOO' foot strip running along the unconstructed portion of sih Street NE extending from CSAH 19 east to Lander Avenue, excluding the portion of property located next to City Park currently zoned P/I (Public/Institutional). Vetsch seconded the motion. All voted aye. Berning made a motion to schedule an EDA Board meeting on May 21, 1998, at 7:00 PM. Gundersen seconded the motion. All voted aye. Vetsch made a motion to construct horseshoe pits at City Park and fence the area surrounding the horseshoe pits at an estimated cost of $2,SOO for the fencing, construction and equipment. Gundersen seconded the motion. All voted aye. Stalberger made a motion to revert to 8:00 AM to 4:30 PM office hours on Wednesday due to lack of customer service requested. Vetsch seconded the motion. Stalberger and Vetsch voted aye. Gundersen, Olsen and Berning voted no. The motion failed. Olsen made a motion directing City Administrator Lund to research the requirements and costs of having Ken Lindsay acquire a Class B Wastewater license. Vetsch seconded the motion. All voted aye. . . ALBERTVILLE CITY COUNCIL April 20, 1998 Page 8 of8 Vetsch made a motion to open the compost site daily on a trial basis for one month to enable citizens to drop off compost materials. Olsen seconded the motion. All voted aye. Stalberger made a motion directing the administrator to meet individually with the two Public Works employees individually. Berning seconded the motion. All voted aye. Berning made a motion to adjourn at 12:35 PM. Gundersen seconded the motion. All voted aye. Mark S. Olsen, Mayor . Linda Goeb, City Clerk .