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1999-04-05 CC Minutes . ALBERTVILLE CITY COUNCIL April 5, 1999 Albertville City Hall 7 :00 PM PRESENT: Mayor John Olson, Councilmembers Robert Gundersen, Duane Berning, Patti Stalberger and John Vetsch, City Administrator-Clerk Linda Goeb, City Attorney Mike Couri, City Planner Al Brixius and City Engineer Peter Carlson Mayor Olson called the regular meeting of the Albertville City Council to order. . The agenda was amended as follows: · Change Item 4a - Approve payment of Check #' s 11605 - 11641 · Change Item 4c - Schedule hearing for May 3 or May 17 · Add Item 5c(5) - Schedule public hearing on 57th Street project for April 22, 1999, at 7:00 PM · Add under Public Works - Tree donation Gundersen made a motion to approve the agenda as amended. Berning seconded the motion. All voted aye. Stalberger made a motion to approve the minutes of the March 15, 1999, meeting as presented. Gundersen seconded the motion. All voted aye. Mayor Olson asked if anyone present wished to address the Council under the Community Forum section of the agenda. Don Jensen of Pilot Land Development presented a letter to the city clerk regarding the proposed work on lands south of County Road 118. No one else present wished to address the Council. Stalberger made a motion to approve payment of Check #' s 11605 - 11641 as presented. Berning seconded the motion. Stalberger made a motion to approve the WWTF Monthly Operations Report for February 1999 as presented. Berning seconded the motion. All voted aye. . Stalberger made a motion to schedule a public hearing for TIF # 11 (Land of Lakes Tile Co.) for either May 3 or May 17 at 7: 15 PM. Berning seconded the motion. All voted aye. . ALBERTVILLE CITY COUNCIL April 5, 1999 Page 2 of8 Stalberger made a motion to approve the Revenue/Expenditure Report for the month of January as presented. Berning seconded the motion. All voted aye. Stalberger made a motion to approve the Revenue/Expenditure Report for the month of February as presented. Berning seconded the motion. All voted aye. Stalberger made a motion to approve the following liquor licenses: Off Sale - Hack's Off Sale, On Sale & Sunday - 152 Club Off Sale, On Sale & Sunday - Geez Sports Bar & Grill On Sale and Sunday - KD's Family Restaurant On Sale and Sunday - The Longshot Bar & Grill Berning seconded the motion. All voted aye. . Stalberger made a motion to approve the February 1999 Financial Statement as presented. Berning seconded the motion. All voted aye. Stalberger made a motion to approve the Therapeutic Massage Enterprise License for the J. Nichols Salon. Berning seconded the motion. All voted aye. The Council reviewed and accepted the Public Works Department Report. Vetsch made a motion to approve a design/build construction for a salt shed to be located at the rear of the old city hall site and to authorize the Public Works Department to solicit quotes from several companies for the construction. Gundersen seconded the motion. All voted aye. Gundersen made a motion to authorize additional wiring in the maintenance building portion of the old city hall at a cost not to exceed $1,000. Berning seconded the motion. All voted aye. Councilmember Vetsch explained that a local Lions member has some trees he would like to donate to the City if the City is willing to move those trees. Vetsch will provide additional information to the Public Works Department before a decision is reached. . . ALBERTVILLE CITY COUNCIL April 5, 1999 Page 3 of8 City Planner Brixius reviewed the Cedar Creek South 3rd Addition with the Council. The final plat consists of 46 single family units and is in compliance with the previously approved Cedar Creek PUD. Stalberger made a motion to approve the Findings of Fact & Decision granting final plat approval for Cedar Creek South 3rd Addition. Vetsch seconded the motion. All voted aye. Planner Brixius explained that the City and Wright County initiated a rerouting of CSAH 37, which realigned it through 61 st Street effecting the L & D Trucking property. As a part of the settlement with Vinge, the City agreed to plat her property and allow variances to the relocation of parking along the west side of the existing building. . Stalberger made a motion to approve the Findings of Fact & Decision granting preliminary and final plat approval to Vinge Commercial Park and granting four necessary variances relating to the relocation of the parking area. Berning seconded the motion. All voted aye. Brixius reviewed the preliminary plat for the Albertville Crossing subdivision. The subdivision included six commercial lots, 35 single family lots and four outlots. In order to process the preliminary plat, a Comprehensive Plan amendment must be considered to make the land use plan consistent with the B-2 zoning along both sides of CSAH 19. Berning made a motion to approve the Findings of Fact & Decision amending the City's Comprehensive Plan to make the land use plan consistent with the B-2 zoning along both sides of CSAH 19. Stalberger seconded the motion. Berning, Stalberger, Gundersen and Olson voted aye. Vetsch voted no. The motion carried. Stalberger made a motion to approve the Findings of Fact & Decision approving the rezoning from R-l to B-2 to be consistent with the adjoining property. Berning seconded the motion. Berning, Stalberger, Gundersen and Olson voted aye. Vetsch voted no. The motion carried. . Brixius explained that three single family lots in the Albertville Crossings subdivision require a variance from the minimum lot width requirement of 90'. Lots 8, 9, and 10 of Block 9 are 88' in width. . ALBERTVILLE CITY COUNCIL April 5, 1999 Page 4 of8 Stalberger made a motion to approve the Findings of Fact & Decision preliminary plat approval for the Albertville Crossings subdivision and granting variances from the minimum lot width requirement for Lots 8, 9, and 10, Block 9. Berning seconded the motion. All voted aye. Vetsch made a motion to table action on final plat approval for Albertville Crossings to the April 22nd meeting to allow staff to prepare a recommendation on the plat. Gundersen seconded the motion. All voted aye. . Ken Weber, 5626 Large Avenue NE, has applied for a minor variance to allow him to construct a 10' X 14' wood shed on the site of an existing 8' X 10' metal shed. The existing shed is located five feet from the property line and Weber is requesting a variance from the 10' rear yard setback requirement. Zoning Administrator Mealhouse has visited the site and makes the recommendation that the minor variance be granted since it will not affect adjoining property owners. Stalberger made a motion to grant a minor variance to Ken Weber at 5626 Large Avenue NE to allow the existing shed to be removed and a wood shed to be constructed on the same site. Vetsch seconded the motion. All voted aye. City Attorney Couri presented the Developer's Agreements for the Cedar Creek South 3rd Addition and the Center Oaks 4th Addition. Both agreements are underlying to the PUD Agreement for the Cedar Creek Master Plan. Berning made a motion to approve the Developer's Agreement for the Cedar Creek South 3rd Addition. Gundersen seconded the motion. All voted aye. Gundersen made a motion to approve the Developer's Agreement for the Center Oaks 4th Addition. Vetsch seconded the motion. All voted aye. City Attorney Couri reviewed the Planned Unit Development Agreement for the Cottages of Albertville Two addition. The agreement defines the 24 units as owner-occupied, senior citizen townhomes, similar to the original PUD agreement for the first addition of the Cottages of Albertville-Owner Occupied Units. . . ALBERTVILLE CITY COUNCIL April 5, 1999 Page 5 of8 Vetsch made a motion to approve the Planned Unit Development Agreement for the Cottages of Albertville Two addition. Gundersen seconded the motion. All voted aye. Couri reviewed the Special Assessment Reallocation Agreement with John George, Inc. John George, Inc. has requested that the City allow a new property identification number to be assigned to one part of the property created by the construction of CSAH 37 and that the special assessments levied on the property be reallocated among the parcels. Gundersen made a motion to approve the Special Assessment Reallocation Agreement as presented. Stalberger seconded the motion. All voted aye. . Couri explained that bond counsel has indicated that the City must conduct a public hearing prior to awarding the bid for the construction of the 5ih Street project, even though the one other property owner, besides the City, has waived his right to public hearing. Couri recommended the Council schedule the public hearing as soon as possible. Couri also presented two resolutions relating to the 5ih Street project for the Council to consider. Gundersen made a motion to adopt RESOLUTION #1999-10 titled RESOLUTION ACCEPTING PETITION TO CONSTRUCT 57TH STREET AND LAMBERT AVENUE. Stalberger seconded the motion. All voted aye. Berning made a motion to adopt RESOLUTION #1999-11 titled RESOLUTION ACCEPTING AMENDED FEASIBILITY STUDY. Gundersen seconded the motion. All voted aye. Berning made a motion to schedule a public hearing on the 57th Street project on April 22, 1999, at 6:00 PM. Stalberger seconded the motion. All voted aye. The Council agreed to table action on the bid award for the 5ih Street project until April 22. . Gundersen made a motion to award the contract for the Oakside Park tennis courts, parking lot and trails to Omann Brothers in the amount of $68,722.26. Stalberger seconded the motion. All voted aye. . ALBERTVILLE CITY COUNCIL April 5, 1999 Page 6 of8 Stalberger made a motion to approve the revised City Park/Fire Hall layout as prepared by City Engineer Pete Carlson. Berning seconded the motion. All voted aye. Gundersen made a motion to authorize City Engineer Carlson to prepare a Feasibility Study for the extension of sewer and water to serve the proposed GEM Business Park, as petitioned by the developers and by Ed Hackenmueller. The motion further authorizes Carlson to begin plans and specs for the project. Stalberger seconded the motion. All voted aye. . Carlson presented the Cooperative Agreement for Funding as proposed by Wright County for the installation of traffic lights at the CSAH 19/37 intersection. City Attorney Couri recommends amending Paragraph 5 by changing the time frame from five years to three years, as the Developer's Agreement dictates. Couri also recommended that paragraph 6 relating to a traffic light at the intersection of CSAH 37 and the 1-94 westbound exit ramp be deleted at this time and cost-sharing of the traffic light be negotiated when the traffic light is necessary. The Council directed Carlson and Couri to revise the Cooperative Agreement as discussed and send it back to Wright County. Vetsch made a motion to reduce the letter of credit on the Fairfield Addition to $15,000, as recommended by City Engineer Pete Carlson. Gundersen seconded the motion. All voted aye. The Council discussed the request from Thomas and Dawn Felker for reimbursement of $750 for the damage to trees and shrubbery damaged and/or removed due to the Greenhaven Drainage Project. Carlson showed the Council pictures of the trees prior to their removal, most of which were located in the drainage easement. Carlson told the Council that some trees outside of the drainage easement were damaged by dirt falling on them. . Vetsch made a motion to deny Felker's request for reimbursement in the amount of $750 but to grant the Felker's $300 toward the damage caused to the trees and shrubs that were located outside of the drainage easement. Stalberger seconded the motion. Vetsch and Stalberger voted aye. Olson, Gundersen and Berning voted no. The motion failed. . ALBERTVILLE CITY COUNCIL April 5, 1999 Page 7 of8 The Council asked Carlson to provide additional information on the number and types of trees and shrubs that were damaged. The Council received the mechanic's lien on the STMA Ice Arena and the representatives of the Joint Powers Hockey Board will discuss the matter at their next meeting. The Council agreed to meet jointly with the St. Michael City Council on Wednesday, April 28th at 7:00 PM at the Albertville City Hall to discuss community projects. Gundersen made a motion to renew the $626,616.61 certificate of deposit maturing on April 7th for one year at the State Bank of Rogers at an interest rate of 5.15%. Stalberger seconded the motion. All voted aye. . Gundersen made a motion to refund the $100 park rental fee to Allen Lenneman since he cancelled the rental the day after the rental had been arranged. Stalberger seconded the motion. All voted aye. City Administrator Goeb reviewed the cost-analysis report on contracting the maintenance and operation of the wastewater and water operations in the city vs. hiring an operator. Based on the portion of the wastewater and water contracts with PSG allocated to wages, the report shows that the City could hire one additional employee to operate both the water and wastewater facilities at a cost savings of approximately $20,000 per year. Goeb recommended that the Council continue the operations contracts with PSG through 1999 and to begin the search for a qualified person to operate the water and wastewater operations later in the year. Gundersen made a motion to continue the operations of the wastewater and water systems through PSG until December 31, 1999, and to proceed at a later date to begin the hiring process for a water and wastewater operator. Vetsch seconded the motion. All voted aye. . The Council directed the administrator to contact John Kolles to explain that the Council could not lease property it does not currently own. When the City takes ownership of the property, the Council would be favorable to leasing the land for agricultural purposes. . ALBERTVILLE CITY COUNCIL April 5, 1999 Page 8 of8 Gundersen made a motion to adjourn at 9:30 PM. Berning seconded the motion. All voted aye. . . \ r /- ~-y / / I '/ l C - . j. \.. ,.1 ,d ' ~~-/~-/....- c/l-.---.' Linda Goeb, AdminIstrator-Clerk