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2001-07-02 CC MinutesALBERTVILLE CITY COUNCIL 0 July 2, 2001 Albertville City Hall 7:00 PM PRESENT: Mayor John Olson, Councilmembers LeRoy Berning, Keith Franklin, Scott Wallace, and John Vetsch, City Engineer Peter Carlson, City Planner Cindy Sherman, City Attorney Mike Couri, and City Administrator -Clerk Linda Goeb Mayor Olson called the regular meeting of the Albertville City Council to order. The agenda was amended by adding the following: • Item 4b Approve Off -Sale 3.2 Malt Beverage License for Albertville Lions at St. Albert's Parish Center on Sunday July 15 from 11:00 a.m.-6:00 p.m. • Item 5e(1) Update on TIF #6 Overpayment • Item 5f(4) MnDOT Update • Item 5f(5) Traffic on CSAH 37 • Item 5f(6) Weed Inspector Berning made a motion to adopt the agenda as amended. Wallace seconded the motion. All voted aye. Franklin made a motion to approve the minutes of the June 18, 2001, meeting as submitted. Berning seconded the motion. All voted aye. Mayor Olson asked if anyone wished to address the Council under Citizen Forum. No one in the audience wished to address the Council at this time. Berning requested that Check # 14813 be removed from the Consent Agenda and placed under the Administration Department. Wallace made a motion to approve payment of Check #'s 14779 - 14812 and Check #'s 14814 - 14820 as presented. Franklin seconded the motion. All voted aye. Chief Kevin Roden, representing the Fire Department, was present to go over the bids for the Aerial Truck. After reviewing the bid proposals the Fire Department Truck Committee recommends awarding the bid to General Safety Equipment in the amount of $474,656, with potential deductions of $6,060 and $2,460. General Safety Equipment has it's own service department. Councilmember Wallace asked for more information on chassis costs. Franklin made a motion to direct the Finance Committee to meet to work out financing options for the aerial ladder truck. Berning seconded the motion. All voted aye. 0 0 • Albertville City Council Minutes July 2, 2001 Page 2 of 5 Awarding of the bid for the Aerial Fire Truck was tabled to the July 16, 2001 City Council meeting. It was the consensus of the City Council that a Public Works Committee be setup and a meeting date set to discuss purchasing a snowplow and a lawn tractor. Supervisor Tim Guimont was to prepare information regarding the number of hours spent plowing a mile of street and per route. Berning made a motion to send detail sheet to all property owners regarding the placement of the drain tiles along the easement on 54 '/2 Street and 55 h Circle. Franklin seconded the motion. All voted aye. Franklin made a motion to approve the Public Works Report. Vetsch seconded the motion. All voted aye. City Planner Sherman reviewed the Albert Villas 5`h Addition. She went over the Rezoning of 3.35 acres. The site consists of 3.35 acres and is platted into a three single family lot subdivision, incorporated into the Albert Villas PUD. She recommended approval. Berning made a motion to approve the Findings of Facts & Decision, approving the rezoning and preliminary plat of Albert Villas 5`h Addition. Wallace seconded the motion. Berning, Wallace, Olson and Franklin voted aye. Vetsch voted no. The motion carried. City Planner Sherman reviewed the Towne Lakes Final Plat and recommended approval of the plat and ordinance to rezone the property from R1-A to PUD. The modifications of the previously presented Developer's Agreement was reviewed by City Attorney Couri. The Council requested that a letter to developer be placed in the file regarding the needs for parks in future phases of the development. Franklin made a motion to approve the variance to the setback requirement for nine specific lots to not less than 20 feet. All other lots require a setback of not less than 30 feet. Wallace seconded the motion. Franklin, Wallace, Olson and Berning voted aye. Vetsch voted no. The motion carried. It was the consensus of the Council to approve the landscaping as proposed. The Council agreed to allow early construction for model homes. Albertville City Council Minutes July 2, 2001 • Page 3 of 5 The Council agreed to the revisions in Paragraph U regarding the maintenance of the pool. Regarding the Park Dedication budget presented, Councilmember Berning would like $50,000 budgeted for one play structure. He is concerned that there is not enough play equipment and too much open space in the plat. City Planner Sherman indicated that she researched the guidelines for the amount of play equipment necessary. She found that the equipment proposed by Towne Lakes is adequate for the 43 homes being planed in Phase I. Additional equipment may be necessary in future phases. City Attorney Couri suggests conducting a survey after 100 homes are constructed to determine the need for additional park equipment. Olson made a motion to approve the park budget and equipment as proposed and to require that at 100 home sales the homeowners are surveyed by Homeowner Association to determine park needs. If necessary the Homeowners Association and the developer will split the costs 50-50. Wallace seconded the motion. Olson, Wallace, Vetsch voted aye. Franklin and Berning voted no. The motion carried. Because the sales office and the swimming pool cannot be constructed on an outlet, the Council approved renumbering those lots. It is understood and agreed that the Developer will reimburse the City for all reasonable administrative, legal, planning, engineering, and other professional costs incurred in the creation, administration, enforcement or execution of this Agreement and the approval of Said Plat, as well as all reasonable engineering expenses incurred by the City in designing, approving, installing, and inspecting said Improvements described above. Franklin made a motion to approve the Findings of Facts & Decision, approving the Final PUD and Final Plat of Towne Lakes, with the stipulations in the Developer's Agreement as discussed. Wallace seconded the motion. Olson, Franklin, Wallace voted aye. Berning and Vetsch voted no. The motion carried. Franklin made a motion to adopt ORDINANCE #2001-3 titled AN ORDINANCE CHANGING THE ZONING OF CERTAIN LAND IN THE CITY OF ALBERTVILLE, MINNESOTA. Wallace seconded the motion. Olson, Franklin, and Wallace voted aye. Vetsch and Berning voted no. City Attorney Couri explained that the State Statutes now allow for zoning changes • to be enacted with a simples majority vote, contrary to the City ordinance, which requires a Albertville City Council Minutes July 2, 2001 • Page 4 of 5 four -fifths vote to rezone. The motion to adopt Ordinance 2001-3, rezoning the Towne Lakes is approved, because State Statute supersedes local ordinances. Attorney Couri reported that the State Auditor's office has informed the City that an tax increment overpayment from Wright County from TIF #6 (Fraser Steel) as been received by the City. Since TIF#6 is a pay-as-you-go district, the increment received (approximately $20,000) was returned to Fraser Steel. Couri is working with Rod Fraser to establish a method for paying Wright County back for the overpayment. The Council discussed selecting a broker to market the City property north of the mall. The consensus is that the contract with a broker will be contingent upon award of the bid for the improvement project. After discussion on the three firms who provided proposal for marketing, Vetsch made a motion to contract with Jay Johnson of Dynamics Real Estate. Berning seconded the motion. Vetsch and Berning voted aye. Wallace, Franklin and Olson voted no. The motion failed. After further discussion regarding brokers, Franklin made a motion to approve the proposal from Dynamics Real Estate for marketing the City's property. Vetsch seconded the motion. Franklin, Berning and Vetsch voted aye. Wallace and Olson voted no. The motion carried. Franklin made a motion to approve the street design for the alignment of the road through the city property as suggested by Marly Glines of Dynamics Design. Wallace seconded the motion. All voted aye. Linda was directed to prepare a resolution restricting the use of the funds donated by the Albertville Lions exclusively towards a Community Center for the Council to consider at the next meeting. Councilmember Berning provided an update on the Transportation Committee meetings. The administrator was directed to contact Senator Ourada and County Engineer Wayne Fingalson to ask if they would attend the Council Workshop meeting on July 30, 2001, to discuss transportation needs. Staff was directed to contact Wright County regarding "No Jakebreaking" signs along CSAH 37. Letters will be sent to those property owners whose weeds exceed 12: in height. Beming made motion to approve payment of check # 14813. Franklin seconded the • motion. All voted aye. Albertville City Council Minutes July 2, 2001 Page 5 of 5 Wallace made a motion to adjourn at 10:30 PM. Vetsch seconded the motion. All voted aye. '1 r Linda Goeb, City Administrator • r]