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1999-04-19 CC Minutes . ALBERTVILLE CITY COUNCIL April 19, 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, and City Engineer Peter Carlson Mayor Olson called the regular meeting of the Albertville City Council to order. The agenda was amended as follows: · Add Item 4e - Approve 3.2 License for the Albertville Lions at the St. Albert's Parish Center on April 25, 1999 . Delete Item 5e(1) · Add Item 5c(3) - Discuss bidding process for the Fire Hall Berning made a motion to approve the agenda as amended. Gundersen seconded the motion. All voted aye. . Vetsch made a motion to approve the minutes of the April 5, 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. Noone present wished to address the Council. Gundersen made a motion to approve payment of Check #'s 11651 - 11673 as presented. Vetsch seconded the motion. Gundersen made a motion to approve the Revenue/Expenditure Report for the month of March as presented. Vetsch seconded the motion. All voted aye. Gundersen made a motion to approve the Financial Statement for March 1999 as presented. Vetsch seconded the motion. All voted aye. Gundersen made a motion to approve the Therapeutic Massage Therapist License for Deborah Kay Kuntz. Vetsch seconded the motion. All voted aye. . Gundersen made a motion to approve a 3.2 Malt Liquor License for the Albertville Lions at the St. Albert's Parish Center on April 25, 1999. Vetsch seconded the motion. All voted aye. . ALBERTVILLE CITY COUNCIL April 19, 1999 Page 2 of5 Stalberger made a motion to accept the Public Works Department Report as presented. Berning seconded the motion. All voted aye. The Council reviewed Donald Anderson's five-foot minor variance request from the side-yard setback in a R-l zoning district to allow the construction of a 15' X 15' three season porch on the west side of his house. Zoning Administrator Kevin Mealhouse reported that the Zoning Ordinance allows uncovered porches only to encroach not more than five feet into the required side-yard setback. Mealhouse found that neither the existing lot size nor the building location cause undue hardship to the property, one of the findings necessary to grant a variance, and he recommends that the minor variance request be denied. Stalberger made a motion to deny the request for a minor variance for Donald Anderson. Vetsch seconded the motion. All voted aye. . Mike Savitski has applied for a variance from the City's Sign Ordinance to allow the placement of business signs on the west side of his commercial building located at 11095 61 st Street NE. Zoning Administrator Kevin Mealhouse reports that the Sign Ordinance allows each tenant in a multiple tenant building to display a business sign on the front on the building, with the building front being defined as the side of the building that fronts the public right-of-way. Mealhouse reports that this building is unique in that there are tenant spaces with the only public entrance on the west side of the building. The Planning Commission has conducted a public hearing on the requested Savitiski variance and recommended the Council approve the variance to allow a maximum of three 4' X 8' signs on the west side of the building, all signs to be located at the same height and that no other variances for signs be granted for this building. Mike Savitski told the Council he was opposed to the Planning Commission's recommendation that no other variances be granted for the building. City Attorney Couri is more comfortable with the Council stating "It is the intent of this Council that further variances would not be granted". Vetsch made a motion to approve the variance request to allow no more than three 4' x 8' signs (one per business only) for those businesses that have their . entrance on the west side of the building, with the condition that those signs must . ALBERTVILLE CITY COUNCIL April 19, 1999 Page 3 of5 be located at same height and stating this Council's intent that no further variances are granted for this building. Gundersen seconded the motion. All voted aye. City Engineer Pete Carlson reviewed the Feasibility Study for the 62nd Street improvements, including sanitary sewer, water extensions and street improvements. Carlson presented the estimated costs of the project. The Council discussed whether the street improvements should include curb and gutter along 62nd Street. Councilmember Vetsch stated he favors curb and gutter along the entire 62nd Street, with the estimated $11,000 cost to be paid through the TIF funds. The Council concurred that one half of the costs of the curb and gutter along the already paved portion of 62nd Street would be assessed to Heidi's Market. The Council agreed that blacktop could be omitted on the portion of MacIver Avenue NE bordering the Land of Lakes Tile property. . Stalberger made a motion to adopt RESOLUTION #1999-15 titled RESOLUTION ACCEPTING FEASIBILITY STUDY AND CALLING FOR HEARING ON 62ND STREET IMPROVEMENTS. Gundersen seconded the motion. All voted aye. Carlson reported that four trees on the Thomas Felker property in the Greenhaven Addition had been damaged during the drainage construction project. He feels that $300 is adequate to replace the four trees damaged. City Attorney Couri reminded the Council that the property owner should sign a statement that releases the City from further claims. Stalberger made a motion to notify the Felkers that the City will reimburse them up to a maximum of $300 for tree replacement. The Felkers will be required to present the City with an invoice for the trees and sign a "hold harmless" agreement prior to the reimbursement being issued. Vetsch seconded the motion. All voted aye. . City Engineer Carlson reviewed the bidding process for the design/build of the new fire hall. Carlson explained that a design/build is a negotiating process and the final cost may not be exactly the bid price. Since the bidders have only minimum specifications for the construction materials, there may be differences in the quality of materials between the bidders and the low bidder may have bid the . ALBERTVILLE CITY COUNCIL April 19, 1999 Page 4 of5 minimum standard materials. Should the City may want to upgrade items, such as garage doors, windows, etc., terms can be negotiated with the bidder. The City can increase the bid price up to, but not above, the second lowest bidder. City Attorney Couri reviewed the proposed TIF Plan for the Land of Lakes Tile Co. The proposed TIF is a pay-as-you-go TIF wherein the City reimburses the developer from taxes paid on the property. The Council will conduct a public hearing on the TIF Plan on May 3 rd. Stalberger made a motion to approve the Revolving Loan Funds Policy. Vetsch seconded the motion. All voted aye. Couri reviewed the Developer's Agreement for Albertville Crossings with the Council. Couri recommends that the park dedication fees for the commercial property be negotiated with the developer and the surety provided equal one third of the costs of the project. . Stalberger made a motion to approve the Developer's Agreement for Albertville Crossings as recommended by the city attorney. Berning seconded the motion. Stalberger, Berning, Gundersen and Olson voted aye. Vetsch voted no. The motion carried. Gundersen made a motion to approve Amendment No.1 to Declaration of Common Interest Community No. 20 Planned Community Cottages of Albertville. Berning seconded the motion. All voted aye. The Council accepted the letter from the Albertville Lions Club requesting consideration for a gambling license if or when another gambling site becomes available. No action was taken. The Council chose not to reschedule a joint meeting with the City of St. Michael at this time. . The Council reviewed the request from the Church of St. Albert to purchase one half to an acre of land contiguous with the church's western property line and the continuation of sih Street for expansion of church parking space. The Council has previously discussed meeting with church representatives to consider a cost- sharing arrangement for the construction of a parking lot on the east side of the fire hall property to accommodate both the fire hall and the church's parking . ALBERTVILLE CITY COUNCIL April 19, 1999 Page 5 of5 needs. The Council agreed that s~aff should set up a meeting with the church representatives to discuss a mutually agreeable solution. Gundersen made a motion to approve the proposed revisions to the Sewage Disposal Standards for Wright County. Berning seconded the motion. All voted aye. . Councilmember Gundersen explained that the Joint Powers Water Board is requesting authorization from the City to allow the Board to condemn property if a negotiated settlement cannot be reached with the property owner. The Cities of St. Michael and Hanover have granted the Board that authority. Gundersen explained that the Board needs to construct a well and water treatment facility and the best location for the facility is on the property owned by Doug Psyk adjacent to the Board's pumphouse. The Board has offered Mr. Psyk $100,000 for approximately 2.5 acres. Psyk has made a counter-offer. The Board hired an appraiser whose report values the property considerably under the Board's offer. Acquiring the property in a timely manner is vital to the project. Vetsch made a motion to table action on the issue until the next meeting. There was no second to the motion. Olson made a motion to grant authority to the Joint Powers Board to begin condemnation proceedings on the Psyk property upon Psyk's rejection of the Joint Powers Board's purchase offer or on April 26th, whichever occurs first. The authorization for Joint Powers to condemn is approved only for this case, and future authorization will be determined on a case-by-case basis. Berning seconded the motion. Olson, Berning, Stalberger and Gundersen voted aye. Vetsch voted no. The motion carried. Gundersen made a motion to adjourn at 10:00 PM. Vetsch seconded the motion. All voted aye. / "~~---7! j' \ /, ~ ,L -c -- j c_-/(. _...<.~~ ' "'-:I/"C / k___ . Linda Goeb, Administrator-Clerk