2000-08-07 CC Minutes
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ALBERTVILLE CITY COUNCIL
August 7, 2000
Albertville City Hall
7:00 PM
PRESENT: Mayor John Olson, Councilmembers Robert Gundersen, Keith
Franklin, Gary McCormack, and John Vetsch, City Engineer Pete Carlson, City
Attorney Mike Couri, City Planner Deb Garross, and City Administrator-Clerk Linda
Goeb
order.
Mayor Olson called the regular meeting of the Albertville City Council to
The agenda was amended by adding the following:
· Item 5c(4) - Drainage in the Fairfield/Westwind areas
· Item 5d(4) - Potential of having Community Service officers assist the
Sheriff s Department
· Item 5e(1) - Albert Villas Letter of Credit
Franklin made a motion to approve the agenda as amended. McCormack seconded the
motion. All voted aye.
The minutes of the July 17,2000, minutes were amended as follows:
· Page 4, Paragraph 6 is amended to read "The Council agreed to delay
meeting with the City of ST. Michael until after the election in November."
Gundersen made a motion to approve the minutes of the July 17, 2000, meeting as
amended. McCormack seconded the motion. All voted aye.
Mayor Olson asked if anyone present wished to address the Council under the
Citizen Forum portion of the agenda.
Chris Molesky questioned what action has been taken to force his neighbor to
seed his yard. City Administrator Goeb explained that the attorney has contacted the
property owners and they have indicated that they have sprayed the weeds and cannot
plant grass seed for a minimum of two weeks after the final weed killer has been
applied. They expect the process to take one month to complete.
Vetsch made a motion to serve legal papers on the property owners for failing
to comply with City ordinances. Franklin seconded the motion.
During discussion of the motion, Councilmember Gundersen stated that he feels
it would be a waste of city funds to have the attorney draft a complaint when the
property owners have started to comply. Councilmember McCormack indicated the
City should contact the property owner and get a specific time frame for completion.
ALBERTVILLE CITY COUNCIL
August 7, 2000
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Mayor Olson called for a vote on the motion on the table. Franklin and Vetsch
voted aye. McCormack, Gundersen and Olson voted no. The motion failed.
Another property owner at 10602 Karston A venue has 48" high weeds on the
borders of his property and has not attempted to seed his yard.
Vetsch made a motion to start legal proceedings against those property owners
who have not responded to the earlier mailings regarding their yards. If legal, city staff
will mow the yards with weeds greater than six inches and assess the costs to the
property. Franklin seconded the motion. All voted aye.
Don Jensen requested the Council revisit the ordinance regarding mailbox
locations to allow for cluster of four mailboxes on a cul-de-sac.
Gundersen made a motion to approve payment of Check #'s 13402 - 13467
as presented. McCormack seconded the motion. All voted aye.
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Gundersen made a motion to approve RESOLUTION #2000-20 titled A
RESOLUTION APPOINTING ELECTION JUDGES FOR THE PRIMARY
AND GENERAL ELECTIONS FOR THE CITY OF ALBERTVILLE.
McCormack seconded the motion. All voted aye.
Gundersen made a motion to approve the reduction of the Letter of Credit for
Cedar Creek South 4th Addition from $75,000 to $42,135. McCormack seconded the
motion. All voted aye.
Gundersen made a motion to approve the release of the $2,400 Letter of Credit
for Cedar Creek South. McCormack seconded the motion. All voted aye.
Gundersen made a motion to approve the reduction in the Letter of Credit for
Cedar Creek South 3rd Addition from $66,500 to $48,400. McCormack seconded the
motion. All voted aye.
Bob Brandenberg and Tom Bethel from St. Joseph Equipment eXplained how a
lease/purchase contract on a wheel loader could work for the City of Albertville.
Interest on a lease right now is 6.1 %. Brandenberg presented lease options ranging
from three years to seven years for the Council to consider.
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ALBERTVILLE CITY COUNCIL
August 7, 2000
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Vetsch made a motion to approve a four year lease contract with S1. Joseph
Equipment on a wheel loader. At the end of the four year lease, the City will own the
wheel loader. Gundersen seconded the motion. Vetsch, McCormack, Olson and
Gundersen voted aye. Franklin voted no. The motion carried.
McCormack made a motion to approve the Public Works Department Report.
Gundersen seconded the motion. All voted aye.
City Planner Deb Garross presented the final plat for the Albert Villas 2nd
Addition. This addition contains 78 single family lots and provides a looped street
through the first and second additions. The plan shows a bituminous trail along
County Road 18 and sidewalks within the plat along 52nd Street and Kahl Avenue.
McCormack made a motion to adopt the Findings of Fact & Decision, granting
final plat and PUD final plat for the Albert Villas 2nd Addition. Franklin seconded the
motion. McCormack, Olson, Gundersen and Franklin voted aye. Vetsch voted no.
The motion carried.
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McCormack made a motion to adopt RESOLUTION #2000-23 titled A
RESOLUTION OF THE CITY OF ALBERTVILLE, WRIGHT COUNTY,
MINNESOTA, TO AMEND THE COMPREHENSIVE PLAN TO CHANGE
THE LAND USE DESIGNATION OF PROPERTY WITHIN THE PROJECT
KNOWN AS ALBERT VILLAS SECOND ADDITION. Franklin seconded the
motion. McCormack, Olson, Gundersen and Franklin voted aye. Vetsch voted no.
The motion carried.
Franklin made a motion to adopt ORDINANCE #2000-8 titled AN
ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF
ALBERTVILLE TO PROVIDE FOR A CHANGE IN ZONING
CLASSIFICATION. McCormack seconded the motion. McCormack, Olson,
Gundersen and Franklin voted aye. Vetsch voted no. The motion carried.
Planner Garross explained that although the Planning Commission tabled a
recommendation on the Comprehensive Park & Trail Plan, the Commission did
recommend a park dedication fee schedule for commercial and industrial properties.
Their recommendation is that commercial and industrial park dedication fees be
calculated on a per acre basis rather than on fair market value and further
recommended that park dedication fees pay for 75% of the park system improvements.
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ALBERTVILLE CITY COUNCIL
August 7, 2000
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The council discussed the Planning Commission recommendations. Mayor
Olson is concerned about having the funds necessary to purchase additional land for
future parks. Councilmember Gundersen is concerned that the Park Implementation
Chart, upon which the park dedication fees are based, may not accurately reflect what
still needs to be done in the existing parks.
Gundersen made a motion to send the park dedication fee analysis back to the
Planning Commission to clarify the park implementation chart. Olson seconded the
motion. Gundersen and Olson voted aye. McCormack, Vetsch and Franklin voted no.
The motion failed.
Vetsch made a motion to set park dedication fees for residential at $1,500 per
lot and for commercial and industrial at $4,500 per acre. McCormack seconded the
motion. Vetsch and McCormack voted aye. Olson, Franklin and Gundersen voted no.
The motion failed.
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Franklin made a motion to set park dedication fees at $4,000 per acre for
commercial property, $3,000 per acre for industrial property, and at $1,300 per
residential lot. There was no second to the motion.
Gundersen made a motion to table further discussion of park dedication fees to
the next meeting. Franklin seconded the motion. Gundersen, McCormack, Olson, and
Franklin voted aye. Vetsch voted no. The motion carried.
Gundersen made a motion to approve RESOLUTION #2000-22 titled
RESOLUTION OF THE ALBERTVILLE CITY COUNCIL APPROVING AN
AMENDMENT TO THE COMPREHENSIVE PLAN TO CHANGE THE
FUNCTIONAL CLASSIFICATION OF MAIN AVENUE, BARTHEL
INDUSTRIAL DRIVE AND PART OF CSAH 35. McCormack seconded the
motion. All voted aye.
Vetsch made a motion to adopt ORDINANCE #2000-6 titled AN
ORDINANCE AMENDING THE ALBERTVILLE ZONING ORDINANCE,
SECITON 1000, BY ADDING SECTION 1000.24, PERFORMANCE
STANDARDS FOR TWO FAMILY, TOWNHOUSE, QUADRAMINIUM AND
MUL TIPLE F AMIL Y USES. Gundersen seconded the motion. All voted aye.
The Council accepted the garage and house size survey as presented and tabled
discussion of the item until the next meeting.
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ALBERTVILLE CITY COUNCIL
August 7, 2000
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Duane Day reviewed his recommendations for change orders on the fire hall
project as presented in his letter dated April 14, 2000. Mike Kranz, representing
Shingobee Builders, disagreed with Day's recommendation to reject Changes Orders
#19 and #20. Kranz stated that the plans showed flues but no fresh air intakes. The
building inspector required fresh air intakes.
McCormack made a motion to approve the recommendations from Duane Day
regarding the fire hall change orders as detailed in his April 14, 2000, letter to the city.
Gundersen seconded the motion. All voted aye.
Kranz updated the Council on progress at the fire hall. The paint contractor
will repair the peeling paint on the ceiling of the apparatus bay and will extend the
warranty on the job. Replacement glass is on order for the windows on the upper
floor. The project is on tract for completion by August 28.
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City Engineer Carlson reviewed the Barthel Industrial Drive Improvement
intersection with 50th Street. Although the situation is not ideal, it is the only solution
at this time. Should the Haus family agree to allow MacIver Avenue to someday be
realigned, the problem of a misaligned intersection could be solved.
Gundersen made a motion to proceed with the Barthel Industrial Drive
improvement as presented and, further, to direct the engineer to contact the Haus
family regarding the improvement project. Franklin seconded the motion. All voted
aye.
Carlson reported that Don Barthel will donate land to the city for a soccer field,
provided the City proceed with the necessary wetland fill permit. Carlson told the
Council that it is very difficult to get a wetland fill permit for private property and
anything over two acres of fill requires an individual permit, rather than a nationwide
permit for mitigation. The Council directed the engineer to get an estimated cost for
acquiring the necessary wetland permits.
LeRoy Berning, representing the Albertville Jaycees, indicated that the Jaycees
are willing to donate money toward the final grading and seeding of the new proposed
softball and baseball fields.
Franklin made a motion directing the engineer to get cost estimates and to
proceed with preparing the new softball field this year. Vetsch seconded the motion.
All voted aye.
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ALBERTVILLE CITY COUNCIL
August 7, 2000
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The Council agreed to meet jointly with the City of Otsego on August 23rd at
the Otsego City Hall at 7:00 PM.
The Council set a second preliminary budget meeting for Wednesday, August
30th at 7:00 PM.
Councilmember Gundersen explained that the City may want to discuss having
a community service officer available on a volunteer basis to work with the Sheriff's
Department. The administrator will contact Sheriff Miller to discuss setting up a
meeting with the Public Safety Committee to discuss this option.
City Attorney Couri explained that the developer of the Albert Villas project
has requested that his surety be reduced with administrative approval, when
recommended by the city engineer.
Councilmember Vetsch stated he is opposed to relinquishing the Council's
authority and made a motion to deny the request for administrative reductions in surety
for Albert Villas. There was no second to the motion.
. McCormack made a motion to approve the Letter of Credit as recommended by
the city attorney, authorizing the city engineer to recommend reductions as the project
is completed. Olson seconded the motion. Olson, Franklin and McCormack voted
aye. Vetsch and Gundersen voted no. The motion carried.
Gundersen made a motion to close the public portion of the meeting and go into
a closed session to discuss pending litigation at 10:20 PM. Franklin seconded the
motion. All voted aye.
Mayor Olson reopened the regular meeting of the City Council at 10:34 PM.
Franklin made a motion to enter into a stipulation agreement for dismissal of
the lawsuit filed by Leuer-Munstertieger. Should dismissal not be acceptable to the
plaintiffs, the attorney is directed to answer the motion. Gundersen seconded the
motion. All voted aye.
Franklin made a motion to adjourn at 10:35 PM. Gundersen seconded the
motion. All voted aye.
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ALBERTVILLE CITY COUNCIL
August 7, 2000
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Linda Goeb, City Administrator