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1998-08-03 CC Minutes . ALBERTVILLE CITY COUNCIL August 3, 1998 Albertville City Hall 7:00 PM PRESENT: Councilmembers Robert Gundersen, Duane Berning, and John Vetsch, City Administrator David Lund, City Clerk Linda Goeb, City Engineer Pete Carlson and City Attorney Michael Couri Acting Mayor Berning called the regular meeting of the Albertville City Council to order. The agenda was amended by adding Item 5c( 5)- A closed session to discuss litigation resulting from the CSAH19/37 Intersection Realignment Project. Gundersen made a motion to approve the agenda as amended. Vetsch seconded the motion. All voted aye. Gundersen made a motion to table approval of the July 20, 1998, minutes until the August 17, 1998, meeting. Vetsch seconded the motion. All voted aye. . Vetsch made a motion to approve payment of Check #'s 10769 - 10819 as presented. Gundersen seconded the motion. All voted aye. Vetsch made a motion to approve the Revenue/Expenditure Report for the month of June as presented. Gundersen seconded the motion. All voted aye. Vetsch made a motion to approve the WWTF Monthly Operations Report for the month of June as presented. Gundersen seconded the motion. All voted aye. The Council reviewed the request for a Conditional Use Permit for the Wiggles & Giggles Day Care Center to be located in the new addition to the Mike Savitski commercial building. The Planning Commission recommended that the fenced playground area be moved from the proposed site at the rear of the building to the front of the building. . Mike Savitski, owner of the property, stated that he is opposed to relocating the playground to the front of the building. He feels safety of the children would be compromised if their play area were in the front of the building where there is more traffic. He also feels that locating the playground at the back of the building is aesthetically more pleasing. The owner and operator of the daycare, Debra Dickey, agreed with Savitski. . ALBERTVILLE CITY COUNCIL August 3, 1998 Page 2 of3 The Council discussed the fact that Savitski has illegally paved the rear of his building up to the property line. City ordinance requires a five-foot setback for parking areas. Savitski will be required to apply for a variance from the setback requirement. City Engineer Pete Carlson indicated he saw no access problems with the playground area in the rear as long as the area is signed as one-way. Access from either side of the building is possible. Because a majority of four-fifths of the City Council is required for approval of a CUP, Gundersen made a motion to table further discussion of the CUP request for Wiggles & Giggles Day Care to the August 1 ih meeting. Vetsch seconded the motion. All voted aye. . City Engineer Pete Carlson reported that he has not completed the study for the extension of municipal services to the southwest quadrant to the City and would like to reschedule this discussion on the August 1 ih agenda. The Council will need to consider the land use for the quadrant since the land is currently zoned A-I. City Administrator Lund will direct the Planning Commission to consider land use in the City's southwest quadrant during their September meeting. Gundersen made a motion to schedule a work session to discuss the Wastewater Facilities Plan on Wednesday, August 19th, at 7:00 PM. Vetsch seconded the motion. All voted aye. Vetsch made a motion to approve the schedule presented for the creation of TIF District #10 (Mold Tech, Inc.) and to schedule a public hearing to consider the TIF Plan on Monday, September 21, 1998, at 7:30 PM. Gundersen seconded the motion. All voted aye. Vetsch made a motion to table consideration of ORDINANCE #1998-6 until the August 1 ih meeting because approval of an ordinance requires a four- fifths majority vote of the City Council. Gundersen seconded the motion. All voted aye. . City Attorney Couri reported that he has discussed the Mighty Ducks Grant Agreement with the state office staff. The state is willing to make some . . . ALBERTVILLE CITY COUNCIL August 3, 1998 Page 3 of3 amendments to the grant agreement, but will not consider other changes. The grant will be rewritten to include the City of St. Michael and ISD #885 as parties to the grant. Other changes may be negotiable. Couri recommended that the attorney hired by the Joint Powers Ice Arena Board do the negotiations with the state. Gundersen made a motion authorizing the Joint Powers Ice Arena Board attorney to negotiate the best grant agreement possible and, further, to authorize the mayor and clerk to sign the agreement, provided it is completed before the August 17, 1998, meeting. Vetsch seconded the motion. All voted aye. David Steele, representing Security State Bank of Maple Lake, requested that the Council consider setting the park dedication fee for the new building based on the purchase price of the land, less the MPCA Test Fee. Steele presented the cost of land at $131,193, less the MPCA Test Fee of $15,676, for a net land cost of$115,517. Gundersen made a motion to approve the request to base the park dedication fee for the new bank building on the net land value of $115,517. Thus the fee would be 10% of $115,517, or $11,551.70 less the cost of the trail constructed as required. Vetsch seconded the motion. All voted aye. Vetsch made a motion directing the city attorney to prepare a Model Home Agreement from the language approved in the Karston Cove Developer's Agreement. Gundersen seconded the motion. All voted aye. Gundersen made a motion to recess the public meeting to allow the Council to enter a closed session for the purpose of discussing litigation resulting from the CSAH 19/37 Intersection Realignment Project at 8:21 PM. Vetsch seconded the motion. All voted aye. Acting Mayor Berning reconvened the regular City Council at 9:20 PM. Gundersen made a motion to Council. Vetsch seconded the motion. adjourn the regul~meeting of the City All v ~ed aye. / .... (/ I ----.., / / ~ I I -) ---/.. ' JI----[/' Clerk Duane Berning, Acting Mayor