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1998-08-17 CC Minutes . ALBERTVILLE CITY COUNCIL August 17,1998 Albertville City Hall 7:00 PM PRESENT: Mayor Mark Olsen, 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 Mayor Olsen called the regular meeting of the Albertville City Council to order. The agenda was amended as follows: · Add Item 5d(7)- Discussion of the City's purchase of the Marx property · Check #'s 10845 and Check #10867 were removed from the Consent Agenda Berning made a motion to approve the agenda as amended. Vetsch seconded the motion. All voted aye. . Gundersen made a motion to approve minutes of the July 20, 1998, meeting as presented. Vetsch seconded the motion. Gundersen, Vetsch and Olsen voted aye. Berning abstained. The motion carried. Berning made a motion to approve the minutes of the August 3, 1998, meeting as presented. Gundersen seconded the motion. Berning, Gundersen and Vetsch voted aye. Olsen abstained. The motion carried. Vetsch made a motion to approve payment of Check #'s 10769 - 10819 as presented. Gundersen seconded the motion. All voted aye. Mayor Olsen asked if anyone present wished to address the Council during the Citizen Forum portion of the agenda. No one asked to be heard. Gundersen made a motion to approve payment of Check #'s 10842 -10844, Check #'s 10846 - 10866, and Check #'s 10868 - 10874 as presented. Vetsch seconded the motion. All voted aye. Gundersen made a motion to approve the Revenue/Expenditure Report for the month of July as presented. Vetsch seconded the motion. All voted aye. Gundersen made a motion to schedule the Truth in Taxation meeting for . Wednesday, December 2, 1998, at 7:00 PM, and the continuation meeting, if . . . ALBERTVILLE CITY COUNCIL August 17,1998 Page 2 of6 necessary, for Monday, December 14, 1998. Vetsch seconded the motion. All voted aye. Gundersen made a motion to accept the Monthly Gambling Report from the Minnetonka V oiture as presented. Vetsch seconded the motion. All voted aye. Gundersen made a motion to adopt RESOLUTION #1998-12 titled APPOINTMENT OF ELECTION JUDGES FOR THE PRIMARY AND GENERAL ELECTIONS. Vetsch seconded the motion. All voted aye. Gundersen made a motion to approve City participation in the Cooperative Purchasing Venture Program through Wright County at a cost of $30. Vetsch seconded the motion. All voted aye. The Council discussed a minor variance requested by Mike Savitski. Savitski is requesting a five-foot variance from the requirement that paved parking areas must be located five feet from the property line. Savitski has already illegally paved the area behind his building up to the property line. In order to be in conformance with City ordinances, a variance is necessary. Councilmember Vetsch suggested that, if the Council chooses to grant the variance, the variance be conditioned upon Savitski completing the trail in front of his property. Savitski stated that he is willing to give the City the additional land needed for the trail, but he is not willing to pay for the construction of the trail. City Attorney Couri explained that the park dedication fees due on the Savitski property must still be calculated. The fee can be a combination of land and cash. Vetsch made a motion to adopt Findings of Fact granting the minor variance upon satisfaction of the park dedication fee on the Savitski property. Gundersen seconded the motion. All voted aye. The Council discussed the Conditional Use Permit request from Debra Dickey to operate a day care center in the new addition of the Mike Savitski building. Two overhead doors originally planned for the rear of the building will be replaced with service doors and windows. A fenced playground area will be located at the rear of the building. Mike Savitski explained that he is willing to install "No Parking" signs on the driveway at the rear of the building. . ALBERTVILLE CITY COUNCIL August 17, 1998 Page 3 of6 Vetsch made a motion to adopt the Findings of Fact, granting a CUP to Debra Dickey to operate a day care center in the Mike Savitski building, effective when the park dedication fee requirement on the property has been satisfied. The fenced in playground will be located at the rear of the building and "No Parking" signage will be installed at the rear of the building. Gundersen seconded the motion. All voted aye. . City Engineer Pete Carlson reported on the possibility of extending municipal services to the southwest quadrant of the City. There are approximately 140 acres south of County Road 118. Approximately 128 acres are buildable with the remaining acreage being wetlands. A lift station on the north side of CR118 would allow the property to be serviced with sanitary sewer by jacking a trunk line under the road. Carlson calculated that approximately 1.5 units could be developed per acre. The cost for Trunk Access Charges is estimated at $1,761 per acre. The Council questioned whether there is potential to extend the trunk to serve the properties further west in the City of St. Michael. Carlson believes it could be possible. The Council will proceed no further until the property owners are ready to develop. Carlson reviewed the request from Pilot Land Development for a reduction in the letter of credit for the Parks ide 3rd Addition, a release of the bond for the Parkside 3rd Addition infrastructure, full acceptance of the Parkside 3rd Addition roads, utilities and right of way, and satisfaction of the Development Agreement. Carlson recommends a full release of the letter of credit and the bond and acceptance of the roads, utilities and right of way. City Attorney Couri recommended that the satisfaction of the Development Agreement should be reviewed and only certain portions of the agreement should be released. . Vetsch made a motion regarding Parkside 3rd Addition as follows: . Full release of Letter of Credit #25-96 · Full release of the bond for the infrastructure system · Acceptance of the roads, utilities and right of way · Satisfaction of the portions of the Development Agreement as recommended by City Attorney Couri . ALBERTVILLE CITY COUNCIL August 17,1998 Page 4 of6 Berning seconded the motion. All voted aye. Carlson reported that the street overlay and patching project has been completed. Striping of Barthel Industrial Drive will be finished shortly. Carlson reported that he has a contractor lined up for the Greenhaven drainage project. He is waiting for final easement work to be completed. Attorney Couri reviewed ORDINANCE #1998-6 relating to park dedication fees. He recommended the ordinance be amended on Page 1, Section l(r) by renumbering the articles and on Page 4, Section 2(i)(2) to include properties owned by local governments. . Berning made a motion to adopt ORDIANCE #1998-6 titled AN ORDIANCE AMENDING SECTION A-600.15 (Park Land and Trail Dedication Requirements) OF THE ALBERTVILLE SUBDIVISION ORDINANCE BY REQUIRING THE SATISFACTION OF PARK AND TRAIL DEDICATION REQUIREMENTS BY OWNERS OF EXISTING LOTS OF RECORD AND NEW DEVELOPMENTS WHERE NONE HAS BEEN PREVIOUSLY DEDICATED AND WHEN RESUBDIVISION OF PROPERTY IS PURSUED, as amended. Gundersen seconded the motion. All voted aye. Attorney Couri explained that the public hearing to consider the vacation of Kalenda Court NE was cancelled because, upon examination of the plat, he found that the vacation of the road would landlock two of the four apartments lots. The owner of the landlocked properties could likely claim damages from the vacation of the street. Berning made a motion to indefinitely table further discussion of vacation of Kalenda Court NE. Gundersen seconded the motion. Berning, Vetsch and Gundersen voted aye. Olsen voted no. The motion carried. Olsen made a motion to approve the one-year contract extension with PSG for the operations of the wastewater treatment facility as presented. Vetsch seconded the motion. All voted aye. . Olsen made a motion authorizing the replacement of the Fire Department middle garage door with a larger door to accommodate the new rescue vehicle. . ALBERTVILLE CITY COUNCIL August 17, 1998 Page 5 of6 The installation of an automatic door opener will be included at the option of the Fire Chief. Vetsch seconded the motion. All voted aye. The Council discussed the joint staff memo relating to the concerns each community's staff has observed with the Joint Powers Board's operations. The Council agreed to participate in a joint meeting of the Councils of each of the member cities. Councilmember Gundersen will request a joint meeting to be scheduled for the September Joint Powers Board meeting night. The Council agreed to post notice to solicit bids for the purchase of PC Tailors 386 computer and monitor no longer being used in the office. . Councilmember Gundersen reported that there have been several recent incidents resulting in police calls at the Pheasant Ridge Apartment buildings. Staff will research the rental unit ordinance to determine how to proceed with inspections and to enforce the provisions of the ordinance to improve the area. Staff will also report the curfew violations to the Sheriff s Department for enforcement. The Council discussed the latest proposal from Bernard Marx to sell approximately 13 acres of his property to the City for use as a fire hall site and park expansion. After discussing a proposal initiated by a partner of the Marx's to enter into a three-way partnership whereby the City would buy some of the acres and the developer would dedicate the remainder of the acres as park dedication, the Council concurred that a straight-out purchase of the land directly from Marx would be simpler. . Berning made a motion to have Marx's attorney prepare a purchase agreement selling approximately 13 acres to the City at a cost of $17,000 per acre. Other terms of the agreement are: · Marx agrees not to object to the assessment of his property for the construction of 5ih Street. · Marx agrees to give the City an easement to allow for the construction of 57th Street. · The entire Marx parcel is subject to park dedication requirements. · The City agrees to defer the 5ih Street assessment for two years unless the property is developed. . ALBERTVILLE CITY COUNCIL August 17,1998 Page 6 of6 Gundersen seconded the motion. All voted aye. Vetsch made a motion to approve payment of Check #'s 10845 and 10867. Gundersen seconded the motion. All voted aye. Olsen made a motion to adjourn at 11 :25 PM. Mark S. Ol~~n, Mayor -- /" / (/t ,., / "t 1.. A' / ,7-.L A,'{//'--./ LInda Goeb, City Clerk . .