2002-12-02 CC Minutes
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ALBERTVILLE CITY COUNCIL
December 2, 2002
Albertville City Hall
7:00 PM
PRESENT: Mayor Scott Wallace, Councilmembers LeRoy Berning, Keith Franklin, Tom
Fay, and John Vetsch, City Engineer Pete Carlson, City Attorney Mike Couri, City Planner Al
Brixius, and City Administrator Linda Goeb
Mayor Wallace called the regular meeting of the Albertville City Council to order.
The agenda was amended as follows:
Move Item 6d(3) Eull Concrete Site to Item 6b(2)
Add Item 6d(3) - Sump Pump
Add Item 6b(3) - City Property south of 50th Street - possible construction
Add Item 6f(4) - Attendance at County Board Meetings
Add Item 6f(5) - Employee Group Insurance
Berning made a motion to approve the agenda as amended. Franklin seconded the motion. All
voted aye.
Fay made a motion to approve the minutes of the November 18, 2002, regular meeting
as presented. Franklin seconded the motion. All voted aye.
Mayor Wallace asked if anyone wished to address the Council under Citizen Forum.
Randy Karstenson explained that he is opening a Thai restaurant in the mall by Coborn's
and would like to have a wine and beer license by his tentative opening on January 2, 2003. The
council advised Karstenson that if all his paperwork is in, the Council will act affirmatively on
the approval at the December 16th meeting.
Berning requested that Check #'s 17197, 17205, and 17216 be pulled from the Consent
Agenda.
Berning made a motion to approve the Consent Agenda as follows:
· Approve payment of claims (Check #'s 17195 - 17196, Check #'s 17198 - 17204, Check #'s
17206-17215, andCheck#'s 17217 -17233
Vetsch seconded the motion. All voted aye.
Kathleen Poate, President of the 1-94 West Chamber of Commerce, presented information
on the business councils being established in seven of the member communities. The Business
Council is an informal monthly meeting with representatives of City Council and the City
Administrator to focus on issues affecting local businesses. Poate requested a commitment from
Albertville to participate in the program. The Chamber of Commerce is not looking for any
funds but rather a method of communication. The goal is to have the Albertville Business
Council up and running by January. The Council agreed to participate in the Business Council
and will have the city administrator and perhaps one or two Council members attend the
meetings.
Albertville City Council Minutes
December 2, 2002
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Public Works Director Tim Guimont explained that the City can purchase two 15 foot
three row bleachers from Minnesota Playground for $1,600. The bleachers have been used at
one event. Tim suggested that the bleachers could be used at City Park until bleachers are
needed at other park locations. Franklin made a motion to purchase the bleachers from
Minnesota Playground for $1,600, plus tax. Berning seconded the motion. All voted aye.
City Engineer Pete Carlson reported that the Eull Concrete site soil borings have not been
located, but he believes the site itself is too small to support a Public Works building, with the
outside storage for salt and sand. Carlson suggests using TIF to redevelop property when a
buyer is located. The consensus of the Council was not to proceed further with securing the Eull
Concrete site for a Public Works facility.
City Engineer Carlson was asked about the grading with city limits on Becker property
south of 50th Street. Carlson will do an inspection on the site to determine if the grading is
extending into Albertville.
Franklin made a motion to accept the Public Works/Parks Maintenance Report as
presented. Fay seconded the motion. All voted aye.
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City Planner Al Brixius reviewed the Conditional Use Permit application from Gary
Vetsch to allow an accessory residential use on the second floor of Smackdown's. The building
is an existing non-conforming structure in that it does not meet several performance standards
described by City Code. A variance would also be required from rear and side setbacks. The
variance could be granted if it is proven to reduce the already non-conforming issues. The
Planning and Zoning Commission conducted a public hearing on the request and recommended
denial of the conditional use permit and the variances.
Councilmember Vetsch explained he would agree to approve the CUP and variances if the
apartment is only owner-occupied. City Attorney Couri stated that although requiring owner-
occupied status is not defendable, this case might be defendable in relation to the inadequate
number of parking spaces.
Franklin made a motion to table further discussion and action on the request until the
December 16th meeting so the planner can prepare Findings of Fact & Decision for approval of
the request for consideration. Vetsch seconded the motion. All voted aye.
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Mark Daleiden and property owner Don Barthel have submitted an application for a PUD
amendment to allow a car rental use on a portion of the bus garage site located at 6000 LaBeaux
Avenue NE. Four building currently exist on the site and the proposed car rental business would
occupy office space in the building closest to CSAH 19. The underlying zone is B-3 and car
rental is permitted because it is a motor vehicle use. An amendment to the PUD is necessary
because the agreement specifies that the property be used exclusively for the operation of a bus
garage.
Albertville City Council Minutes
December 2, 2002
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Berning made a motion to approve the Findings of Fact & Decision approving the
amendment to the PUD agreement with removal of "sales" from Conditions #2 and #3. Fay
seconded the motion. All voted aye.
Mark Haller, 11565 50th Street NE, has requested a Conditional Use Permit for a 24' x
28' detached garage to be used for vehicle storage and woodworking shop. Haller's property is
5.21 acres in size and is currently zoned R-IA.
Franklin made a motion to approve the Findings of Fact & Decision approving the
Conditional Use Permit application for Mark Haller. Vetsch seconded the motion. All voted
aye.
City Planner Al Brixius reviewed the final plat of the Outlets of Albertville Second
Addition. The developer has incorporated all recommendations from Council and staff and has
submitted all required documents. Fay made a motion to approve the Findings of Fact &
Decision granting final plat approval for the Outlets of Albertville Second Addition. Franklin
seconded the motion. Fay, Franklin, Wallace and Berning voted aye. Vetsch voted no. The
motion carried.
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City Attorney Couri reviewed the Developers Agreement for the Outlets at Albertville
Second Addition with the Council. Franklin made a motion to approve the Developers
Agreement with slight language amendments. Berning seconded the motion. Franklin, Fay,
Berning and Wallace voted aye. Vetch voted no. The motion carried.
City Engineer Pete Carlson reported that the Wright County Board of Commissioners has
committed to pay $50,000 for 15 years for the upgrade to four lanes on CSAH 19 from 5ih St to
the outlet mall. The City has authority to bond for the improvements to CSAH 19 by either tax
abatement and through road construction. Staff will continue to work with the bonding
specialists to prepare the options available to the City Council.
The Council discussed the need for the traffic signal at the intersection of CSAH 19 and
5ih Street. Because of the imminent improvement to CSAH 19, a temporary signal or 4-way
stop signs are options Pete has explored. He believes that other than rush hour, stop signs would
work adequately as a temporary measure. He further reported that Design Electric has used
temporary signal heads that could be purchased or leased. The cost to purchase the signal heads
is around $55,000 and a monthly lease on the signals would run $5,000 a month. The Council
directed Carlson to meet with Wright County Highway Department to ask for support for
temporary 4-way signage at the intersection.
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Carlson presented a proposal from Scherer Bros. Lumber Company to "gift" the City of
Albertville with the property described as Lots 9, 10 and 11, Block 2, and Lots 1,2 and 4, Block
10, Albertville Industrial Park. In return the City would adopt a resolution to achieve the
documentation of the transaction for tax purposes. The consensus of the Council is to accept the
proposed offer and have the city attorney draft appropriate resolutions for action at the next
regular meeting.
Albertville City Council Minutes
December 2, 2002
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Carlson reported that there are several homes in the City which have their sump pump
discharging to the front yards even though drain tile is in the rear yard line. The city has no
ordinance to require sump pumps to drain to the rear when drain tile is installed in the rear
yards, but Carlson has requested that each of the homeowners to drain the sump to the drain tile.
Without an ordinance to enforce this requirement, the City can only request the switch. Berning
made a motion to proceed with drafting an ordinance for consideration that requires homeowners
to drain the sump to the rear in areas where drain tile has been installed on the back lot lines.
Franklin seconded the motion. All voted aye.
The Zachman family has requested that Albertville execute a resolution initiating the
concurrent detachment from the City of St. Michael and attachment to the City of Albertville of
28.5 acres of property located in the West Half of Section 6, as described in the annexation
agreement signed in 1996.
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Franklin made a motion to approve CITY OF ALBERTVILLE RESOLUTION #2002-
37 titled JOINT RESOLUTION REQUESTING CONCURRENT DETACHMENT FROM
ST. MICHAEL AND ANNEXATION TO ALBERTVILLE OF A PORTION OF LAND
PURSUANT TO MINNESOTAT STATUTE 414.061, contingent upon the Zachman's
executing the Agreement to Pay Costs Associated with Detachment and Annexation
Proceedings. The joint resolution will be forwarded to the City of St. Michael for consideration.
Vetsch seconded the motion. All voted aye.
The Council discussed the purchase offer from Timothy and Patrick Callan for 235 feet
of frontage on Outlet E, Northwest Commercial Park, at a purchase price of $307,223, or $3.50
per square foot. The offer includes a twenty-four month option to purchase the remaining parcel
of Outlot E at $3.50 per square foot. Vetsch made a motion to make a counteroffer of $4.00 per
square foot for 235 feet with a first right of refusal for 24 months from the date of closing on
remaining portion of Outlet E. Berning seconded the motion. Vetsch, Berning, Franklin and
Wallace voted aye. Fay voted no. The motion carried.
The Council discussed the offer from Dave Commers, Carpet Country, to purchase a 2.5
acre lot described at Lot 1, Block 2, Northwest Commercial Park, at a cost of $4.00 per square
foot, less the cost of bringing the lot to a buildable level.
Berning made a motion to counter-offer to Commers to purchase the lot at $3.75 per
square foot as is. Vetsch seconded the motion. All voted aye.
Berning made a motion to pay Check #'s 17197, 17205, and 17216 as presented.
Franklin seconded the motion. All voted aye.
made a motion to adjourn at 10:55 PM.
Berning seconded the motion. All voted
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Scott Wallace, Mayor
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Linda Goeb, City Administrator