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1998-06-15 CC Minutes . ALBERTVILLE CITY COUNCIL June 15, 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 Olsen called the regular meeting of the Albertville City Council to order. . The agenda was amended by adding the following: Item 6d(3) - Employee Reviews Item 6d( 4) - Local Ambulance Service Item 6d(5) - PSG Supplementary Payment Item 6d( 6) - Skate Park Liability Insurance Item 6d(7) - Transportation Equity Act Item 6d(8) - Release of Minutes Item 4e is removed from the Consent Agenda and placed as Item 6d(9) Olsen made a motion to approve the agenda as amended. Stalberger seconded the motion. All voted aye. The minutes of the June 1, 1998, meeting were discussed. Mayor Olsen clarified the reasons for his "no" vote on the purchase of the Marx property and the construction of 57th Street. He reiterated that the City would bear all excess costs of constructing 5ih Street, the land costs have increased almost 33% in the past six months, and the City's costs could continue to escalate. Berning made a motion to approve the June 1, 1998, minutes as clarified. Gundersen seconded the motion. All voted aye. Mayor Olsen asked if anyone present wished to address the Council. Jim Brown asked if comments would be taken prior to a decision on the rezoning of the County Road 19 areas. Mayor Olsen informed him that the minutes of the public hearing were included in the Council's packet and the Council was aware of the public's comments at that hearing. Mike McCarty reminded the Council that city government is a democracy and he asked that the Council represent the people who spoke in opposition to the . rezoning question at the public hearing. . ALBERTVILLE CITY COUNCIL June 15, 1998 Page 2 of9 Donald Peterson asked the Council to approve the Planning & Zoning Commission's recommendation to deny the rezoning request. Leslie Fessler explained that her family has only lived in Albertville for three weeks. Prior to purchasing their home, they checked the area zoning to be sure they were surrounded by single family residential properties. She is opposed to rezoning the areas as commercial. Bernard Marx, one of the property owners affected by the zoning question, stated he would like the 57th Street area zoned B-3. Tom Finken, owner of Duerr's WaterCare, is in favor of the rezoning. He feels the area is undesirable for housing and is perfect for business opportunities. There were no other comments from the audience. . Gundersen made a motion to approve the Revenue/Expenditure Reports for January and February as presented. Vetsch seconded the motion. All voted aye. Gundersen made a motion to approve payment of Check #'s 10617 - 10653 as presented. Vetsch seconded the motion. All voted aye. Gundersen made a motion to approve a 3.2 Non-Intoxicating Malt Liquor License for Premier 94/Grover Softball Club at City Park June 19, June 20, and June 21,1998. Vetsch seconded the motion. All voted aye. Gundersen made a motion to approve a 3.2 Non-Intoxicating Malt Liquor License for the St. Albert's Church Festival at the St. Albert's Parish Center on July 19, 1998. Vetsch seconded the motion. All voted aye. The Council reviewed the request from Keith Franklin for a Conditional Use Permit to allow him to build a 40' X 60' metal accessory building on his Outdoor Advertising Company property located at 5720 Barthel Industrial Drive. The Planning & Zoning Commission has recommended the CUP be approved. Berning made a motion to adopt the Findings of Fact & Decision approving the Conditional Use Permit for Franklin Outdoor Advertising. Gundersen . seconded the motion. All voted aye. . . . ALBERTVILLE CITY COUNCIL June 15, 1998 Page 3 of9 Mike Savitski is requesting a variance from the exterior building materials requirements for his building addition at 11095 61 st Street NE. Because the material requirements have changed since the existing building was constructed and would create an unnecessary hardship in construction of a complimentary addition, the aesthetic appearance of the new portion of the building will be more compatible with the existing building if the variance is granted. Stalberger made a motion to adopt the Findings of Fact & Decision approving the variance request from the building material requirement for Mike Savitski. Gundersen seconded the motion. All voted aye. The Council reviewed the Final Plan for the Center Oaks 3rd Addition. The plat consists of 40 single-family lots and two outlots. The plat is in conformance with the Cedar Creek Golf Course Master Plan. Stalberger made a motion to adopt the Findings of Fact & Decision granting Final Plan approval for Center Oaks 2nd Addition. Berning seconded the motion. All voted aye. The Council agreed to delay action on the Karston Cove 1 st Addition Final Plat until the attorney reviews the developer's agreement for the plat later on the agenda. The Council moved to the Planning & Zoning Commission's recommendation to deny the rezoning of 500' of either side of County Road 19 from 57th Street to 50th Street and the rezoning of 500' of the property along the yet-to-be constructed portion of 5ih Street extending from CSAH 19 east to Lander Avenue. Councilmember Stalberger stated she had received several telephone calls from citizens who did not speak at the public hearing for the zoning question who support the change in zoning. She also received a letter dated June 11, 1998, from Judy Roden. The clerk was asked to read that letter aloud. Stalberger further stated that a B-3 zone might not be the most appropriate zone for the areas close to residential property since it permits adult use businesses. The clerk was asked to read the permitted uses in the B-1, B-2, and B-3 zoning districts. . ALBERTVILLE CITY COUNCIL June 15, 1998 Page 4 of9 Councilmember Berning also reported that he had received several calls from area residents. The main concerns expressed were in opposition to the rezoning of the properties east of County Road 19. Mark Wallerius, a resident of Psyk's 6th Addition, stated he is opposed to all of the proposed rezoning. Councilmember Vetsch suggested that a compromise be worked out. Don Peterson questioned why the Council would consider rezoning more property B-3 when over 300 acres of property in the City is already B-3. Jim Brown stated that the Strategic Planning Session held earlier this year should not have considered land use issues. He recommended that the Council establish a Task Force made up of members of the Council, Planning Commission and area residents as a way to develop a compromise everyone could live with. . Olsen made a motion to adopt a text amendment ordinance (Ordinance #1998-4) rezoning 500' on either side of the yet-to-be constructed 5ih Street between CSAH 19 and Lander Avenue, except the portion currently zoned P/I, to B-2. Vetsch seconded the motion. Olsen and Vetsch voted aye. Berning, Stalberger, and Gundersen voted no. The motion failed. Stalberger made a motion to adopt Ordinance #1998-4, a map and text amendment, rezoning 500' west of CSAH 19 to B-2. Further, to rezone 500' on either side of the 5ih Street, excluding the present B-3 and P/I zones, to B-2. The motion also requires the establishment of a Task Force to consider the zoning of the property east of CSAH 19 between 50th and 5ih Streets. Gundersen seconded the motion. Stalberger, Gundersen, Berning, and Vetsch voted aye. Olsen voted no. The motion carried. Stalberger made a motion to amend the City's Comprehensive Plan to reflect the zoning text and map amendments to reflect Ordinance #1998-4. Gundersen seconded the motion. Vetsch, Berning, Stalberger and Gundersen voted aye. Olsen voted no. The motion carried. . Stalberger made a motion to appoint three affected property owners, three citizens at large, two Councilmembers and one Planning Commissioner to a Task Force to consider the zoning of the property east ofCSAH 19. Vetsch seconded . ALBERTVILLE CITY COUNCIL June 15, 1998 Page 5 of9 the motion. Vetsch, Berning, Gundersen and Stalberger voted aye. Olsen abstained. The motion carried. City Engineer Peter Carlson estimated the costs to modify two lift station control panels for an emergency power source at $2,000. A new 25kw generator to power the lift stations costs around $10,000. Carlson explained that a used generator might become available at a 20-30% cost reduction. The Council directed Carlson to solicit bids for the control panel modifications and check into the availability of a used generator. . Carlson reported that the operations of the wastewater treatment plant will change significantly upon completion of the plant upgrade scheduled for 1999. Since operation and maintenance costs are uncertain at this point, Carlson recommends that the City approach PSG requesting a one-year extension of the current contract. After the plant is on-line, both PSG and the City will have a better handle on the operations and maintenance costs in the future. Kelly Browning, PSG's plant manager for Albertville, is in agreement with Carlson's recommendation and will check with her management regarding a one-year extension. Vetsch made a motion directing the administrator to contact PSG regarding a one-year extension of the Operations and Maintenance Contract. Stalberger seconded the motion. All voted aye. Olsen made a motion to schedule a special work session of the Council to review the Facilities Plan for the expansion of the wastewater treatment plant on Thursday, June 25, 1998, at 6:00 PM. Berning seconded the motion. All voted aye. City Attorney Mike Couri explained that Karston Cove 1 st Addition is not a part of the Cedar Creek Golf Course Master Plan and, therefore, the Developers Agreement for this plat is longer and more complete. . Karston Cove 1 st Addition consists of 38 units (5 quad units and 9 twin units). The Developer's Agreement requires 100% surety of the costs of the municipal improvements and 50% of the on- and off-site improvements. The developer will pay the City $10,505 in Sanitary Sewer Trunk Line fees, as well as all city costs and expenses related to the project. . . . ALBERTVILLE CITY COUNCIL June 15, 1998 Page 6 of9 The Council agreed that the developer is required to provide maps to potential residents informing them of the location of trails in the development. The final plat shows the 10-stall guest parking has been deleted. The Council agreed that the guest parking lot is required. A highway access permit from the Wright County Highway Department must be secured from the developer prior to release of the final plat for recording and execution of the Developer's Agreement. Vetsch made a motion adopting the Findings of Fact & Decision granting final plat approval for Karston Cove 15t Addition, contingent upon the following additional conditions: · Potential purchasers will be provided with a map showing the location of trails. · A highway access permit from Wright County is secured. · The 10-stall guest parking area is constructed. The motion also approves the Developer's Agreement for Karston Cove 15t Addition as amended at this meeting. Stalberger seconded the motion. All voted aye. Couri reviewed the short form of the Developer's Agreement for Cedar Creek North with the Council. Cedar Creek North is another portion of the Cedar Creek Golf Course Master Plan. Vetsch made a motion to approve the Developer's Agreement for Cedar Creek North. Stalberger seconded the motion. All voted aye. The Council reviewed the short form of the Developer's Agreement for Cedar Creek South. Cedar Creek South consists of 11 residential lots. The areas approved for townhouses in Cedar Creek South have been platted as outlots at this time. The golf course clubhouse will be located on Lot 1. The developer will maintain the detention ponds on the plat, and the City will have an easement over the ponds. Couri explained that in the Cedar Creek Golf Course Master Plan, the/cjty and the developer agreed that park dedication fees would be based on the' . ALBERTVILLE CITY COUNCIL June 15, 1998 Page 7 of9 Assessor's valuation of the property. The Wright County Assessor has placed a valuation of $2,040 per acre (85.77 acres in Cedar Creek South). Based on that figure, park dedication fees of $13,122.81 will be collected. The developer has requested that the City extend the time for payment of the park dedication fees for five years after plat approval in order to lessen the initial outlay required to start up the golf course. Berning made a motion to accept the Wright County Assessor's valuation of Cedar Creek South for park dedication calculations and deny the developer's request to extend the time for payment of the park dedication fees. Vetsch seconded the motion. All voted aye. Berning made a motion to adopt the Findings of Fact & Decision approving the Final Plan for Cedar Creek South and to approve the Developer's Agreement for Cedar Creek South as discussed. Gundersen seconded the motion. All voted aye. . Couri reviewed the Model Home Agreement for the Center Oaks 3rd Addition. The agreement allows the developer to begin construction on three model homes prior to final platting. The model homes will be constructed on lots which abut the already-installed utilities and a base course of bituminous street. Berning made a motion to approve the Agreement Allowing Early Construction of Model Homes for Center Oaks 3rd Addition as presented. Gundersen seconded the motion. All voted aye. Couri updated the Council on the "purchase/donation" agreement for the Marx property. The Marx's accountant basically wants to gut the agreement for IRS reasons. Marx is continuing to decide how or ifhe wishes to proceed. City Engineer Carlson explained that further delays in signing the agreement might delay the 57th Street construction plans for another year. Gundersen made a motion authorizing the engineer to proceed with preparation of plans and specifications for 5ih Street at a cost of $20,000-$22,000 as soon as the city attorney reports that Marx have agreed to the purchase/donation as approved previously by the City Council. Vetsch seconded the motion. All . voted aye. . ALBERTVILLE CITY COUNCIL June 15, 1998 Page 8 of9 Couri discussed the proposed purchase agreement for the railroad property, as prepared by Burlington Northern and Sante Fe Railroad Company. According to the purchase agreement, the City will hold the Railroad harmless from all environmental claims, and will indemnify the Railroad for any clean up expenses, legal fees, etc., the Railroad incurs related to environmental claims. The City would also pay the Railroad for any expenses the Railroad incurs to bring remaining Railroad property into compliance with environmental laws. Couri strongly recommended that the City have a Phase II environmental study done on the property before it signs a purchase agreement. The Phase II study includes soil tests to determine if the soils are polluted. The Council directed Couri to get cost estimates for a Phase II environmental study for the Council to consider at the next meeting. . The Council directed the city administrator to prepare the Certification of Local Performance Measures for Local Performance Aid payable in 1999 for Mayor Olsen's signature. The Public Works Committee agreed to meet with a committee from Otsego to discuss the possibility of sanitary sewer extension to Otsego on June 29. The Personnel Committee will meet at 6:00 PM on June 22 to establish the format for employee reviews. Stalberger made a motion to have the City Administrator review each employee prior to July 6 and to schedule the Administrator's review with the full Council at 6:00 PM on July 6, 1998. Berning seconded the motion. All voted aye. The Public Safety Committee reported that ambulance response time from Healthspan out of Buffalo is 15-20 minutes. The Council directed the clerk to draft a resolution requesting that the City be served by ambulance service from the Monticello-Big Lake area due to their closer proximity to the City. The Council will consider the resolution at the July 6th meeting. . Vetsch made a motion to approve payment of $13,179 to PSG for additional 1997 repair/maintenance cost overruns and capital improvement purchases. Olsen seconded the motion. All voted aye. . ALBERTVILLE CITY COUNCIL June 15, 1998 Page 9 of9 Mayor Olsen asked the city engineer about the availability of additional funds through the Transportation Equity Act. Carlson explained that the requirements for funding are the same as for the ISTEA funds, i.e. the Wright County Engineer would still need to support the request. The Council concurred to ask the Crow River News to state the fact that minutes received by the newspaper are "unapproved" at the time the newspaper publishes the article. Olsen made a motion to approve an On-Sale and Sunday Liquor License for the Cedar Creek Golf Course Clubhouse, contingent upon payment of the license fee. Gundersen seconded the motion. All voted aye. Gundersen made a motion to adjourn at 11: 10 PM. Berning seconded the motion. All voted aye. . Mark S. Olsen, Mayor ~', ()7 , '- ._/ . n L..< /' ,/J.-A..L~,---, Linda Goeb, City Clerk .