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2002-12-02 CC Minutes . . . 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 . Page 2 of4 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. . 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. . 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 . Page 3 of4 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. . 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. . 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 . Page 4 of 4 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. . 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 ~ .. .. .. ~(jjff)jw" Scott Wallace, Mayor . - J- Linda Goeb, City Administrator