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2000-08-21 CC Minutes . . . ALBERTVILLE CITY COUNCIL August 21, 2000 Albertville City Hall 7:00 PM PRESENT: Mayor John Olson, Councilmembers Robert Gundersen, Keith Franklin, Gary McCormack, and John Vetsch, City Engineer Wayne Stark, City Attorney Mike Couri, City Planners Deb Garross & Cindy Sherman, and City Administrator-Clerk Linda Goeb Mayor Olson called the regular meeting of the Albertville City Council to order. Gundersen made a motion to approve the agenda as presented. Franklin seconded the motion. All voted aye. Gundersen made a motion to approve the minutes of the July 17, 2000, meeting as presented. Franklin 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. Tiffany Nelson addressed the Council requesting that they allow a 48" chain link fence to be installed on her property at 10145 Karston Avenue NE, instead of a 42" high fence. Franklin made a motion to approve a variance from the fence ordinance to allow Tiffany Nelson to install a 48" high chain link fence at 10145 Karston Avenue. Gundersen seconded the motion. All voted aye. Kim Molesky asked what progress has occurred regarding the lawn at 5612 Kahler Drive. Mayor Olson explained that the property owner has indicated he will plant grass seed by September 1. At the last Council meeting, the Council agreed to allow the property owner until September 1 to complete his seeding. Chris Olson questioned why nothing had been done with the other property owners who have not complied. City Attorney Mike Couri explained that lawsuits are being drawn up and must be served on the owners. After that time the suits will be filed in court and a court date will be set. He further explained there is a possibility of not getting a court date set until too late in the fall to plant grass seed. Gundersen made a motion to approve payment of Check #'s 11376 ~ 13426 as presented. McCormack seconded the motion. All voted aye. Gundersen made a motion to approve payment of Check #'s 13402 - 13467 as presented. McCormack seconded the motion. All voted aye. Gundersen made a motion to approve payment of Check #'s 13476 - 13500 as presented. McCormack seconded the motion. All voted aye. Gundersen made a motion ALBERTVILLE CITY COUNCIL August 21, 2000 . Page 2 of5 to approve RESOLUTION #2000-25 titled A RESOLUTION TERMINATING AN INTERIM ORDINANCE IMPOSING A MORATORIUM ON THE PLATTING OF PROPERTY LOCATED IN THE R-5, R-6, R-7 AND R-8 ZONING DISTRICTS WITHIN THE CITY OF ALBERTVILL. McCormack seconded the motion. All voted aye. Brian Bloch, CPA with Kern, DeWenter & Viere, presented the 1999 Audit Report and Management Letter to the Council. Ben Steiner, a student at STMA High School, gave a presentation on the Big Woods project and asked the City to consider financial support to purchase 35 square acres of Big Woods located in the City of St. Michael across from the Junior High School. Bridget Falbo, Patti Moses and Pat Stanglein were also present to request the City's support. The Council agreed to consider supporting the program at the budget meeting scheduled for August 30. Gundersen made a motion to approve the Water & Wastewater Treatment Department Report as presented. Vetsch seconded the motion. All voted aye. . Planner Sherman explained that Contractor Property Developer Company (CPDC) has submitted an application for rezoning from R-IA to PUD, CUP/PUD preliminary plat and variance under the Shoreland Regulations for the property located between School Lake and Mud Lake in the northeast quadrant of the city. The plat proposes 150 single family home sites designed in a "traditional neighborhood" fashion on 85 acres, for a density of 1.76 units per acre. An EA W has been prepared and submitted for review. The plat requires three variances from the Shoreland Regulations and the variances impact the ability to process the application as a PUD/CUP under the shore land regulation. The variances must be granted in order for the project to be eligible for PUD Ordinances. Craig Rapp and Planner Mark Putnam, representing CPDC, made a presentation of the proposed development. They explained that a 20' minimum buffer area around the shores of the lakes would be dedicated as a shoreland conservation easement with the developer planting native trees and shrubs within the easement to encourage wildlife habitat and decrease the visual impact of the development on the natural environment lakeshore. The developers proposed to install sidewalks on both sides of the streets and trails throughout the plat and green spaces. They are committed to constructing and maintaining a gazebo in the entrance park. They will also construct at their cost a practice ballfield and soccer field in accordance with the City's Comprehensive Park Plan. The Towne Lakes plat proposes 20+acres of park area in the high land areas, plus and . additional 9 acres of parks located in the wetland areas, ALBERTVILLE CITY COUNCIL August 21, 2000 . Page 3 of5 City Attorney Couri suggested that the Council require that a Master PUD Agreement be drafted that incorporates all the items the developer has indicated they will install, as well as all setback, lot size, etc. flexibility approved before the Council approved the preliminary plat. Franklin made a motion to approve the Findings of Fact & Decision amended to include all items that the developer has agreed upon, thereby approving the PUD/CUP, preliminary plat development plan, and variances under the Shoreland Regulations for the Towne Lake addition. Gundersen seconded the motion. Franklin, Gundersen, McCormack and Olson voted aye. Vetsch voted no. The motion carried. The Council reviewed the Albertville Park & Trail Plan Study presented by Planner Deb Garross. The park system costs has been increased to reflect the costs of the ballfields at City Park. The Planning Commission has reviewed the changes and has recommended that the Council establish the park dedication fee for commercial and industrial properties at $4,500 per acre. . Olson made a motion to set park dedication fees as follows: $1,400 per residential unit $6,000 per acre for commercial properties 5% of market value for industrial properties Franklin seconded the motion. Olson and Franklin voted aye. McCormack, Gundersen, and Vetsch voted no. The motion failed. McCormack made a motion to set park dedication fees as follows: $1,500 per residential unit $7,000 per acre for commercial properties 5% of market value for industrial properties Vetsch seconded the motion. McCormack and Vetsch voted aye. Gundersen, Olson and Franklin voted no. The motion failed. Franklin made a motion to set park dedication fees as follows: $1,500 per residential unit $6,000 per acre for commercial properties 5% of market value for industrial properties Olson seconded the motion. Olson and Franklin voted aye. Gundersen, Vetsch, and McCormack voted no. The motion failed. . ALBERTVILLE CITY COUNCIL August 21, 2000 . Page 4 of5 Gundersen made a motion to approve RESOL TUION #2000-21 titled RESOLUTION AMENDING THE FEE SCHEDULE FOR PARK DEDICATION EFFECTIVE AS OF AUGUST 21, 2000 setting fees as follows: $1,500 per residential unit $7,385 per acre for commercial/industrial properties The motion also requests that the Council and Planning Commission meet to consider discuss the park plan and make adjustments. This may lead to a decrease in park dedication fees for industrial properties. Vetsch seconded the motion. Gundersen, Vetsch and McCormack voted aye. Franklin and Olson voted no. The motion carried. Gundersen made a motion to adopt ORDINANCE #2000-9 titled AN ORDINANCE AMENDING SECTION A-600.8. (PARK & TRAIL DESIGN) AND SECTION A- 600.15. (PARK AND TRAIL DEDICATION REQUIRMENTS) OF THE ALBERTVILLE SUBDIVISION ORDINANCE TO INCORPORATE REVISED TRAIL, SIDEWALK AND PARK DEDICATION STANDARDS. McCormack seconded the motion. Gundersen, McCormack, Vetsch, and Olson voted aye. Franklin voted no. The motion carried. Vetsch made a motion to table discussion of an ordinance amendment regarding house . and garage sizes. McCormack seconded the motion. All voted aye. Engineer Wayne Stark presented the cost estimates for a baseball and a softball field at City Park. Costs to complete both fields is estimated at $175,284. These costs do not include dugouts or bleachers. The Council requested that the costs for each field be broken down separately and brought back to the next Council meeting. The Council concurred that the joint meeting with Otsego would not cover specific issue or amounts, but rather be a general discussion. Gundersen made a motion to approve the Developer's Agreement for Psyk's 8th Addition. Franklin seconded the motion. All voted aye. Vetsch made a motion to approve the Contract for Private Development By and Between City of Albertville, Minnesota and Mold-Tech, Inc. as presented. Gundersen seconded the motion. All voted aye. Olson made a motion to table the request to participate in the River Rider Program to the August 30 budget meeting. Franklin seconded the motion. All voted aye. . ALBERTVILLE CITY COUNCIL August~~ 2000 . Page 5 of5 McCormack made a motion to table discussion of an additional civil defense siren to the August 30 budget meeting. Gundersen seconded the motion. All voted aye. The Council recessed at 10:45 PM and convened a closed session to discuss pending litigation. Mayor Olson reconvened the regular Council meeting at 11: 14 PM. McCormack made a motion to adjourn at 11: 15 PM. Gundersen seconded the motion. All voted aye. i ...'\ / ,-_.,X ( '. / ._eO. J.{.. It ~, ....( \J.(/"( {.....~. Linda Goeb, City Administrator . .