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2002-12-16 CC Minutes ~ . ALBERTVILLE CITY COUNCIL December 16, 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: · Add Item Sd(2) - Contingent approval of wetland mitigation plan for Outlets at Albertville Phase III · Add Item Sd(3) - Flashing lights sth /CSAHI9 · Add Item Sd(4) - Fees for road improvements · Add Item Sc(6) - Off premise signs · Add Item Sc(7) - Garbage at job sites Franklin made a motion to approve the agenda as amended. Fay seconded the motion. All voted aye. . Berning made a motion to approve the minutes of the December 2, 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. Ron Klecker, a resident of the Cottages of Albertville, expressed appreciation to the City for their efforts towards getting stop signs at CSAH 19/5th Street intersection. He would still like to see the speed limit decreased in the area. . Berning made a motion to approve the Consent Agenda as follows: · Approve payment of claims (Check #1724S -17277) · Resolution #2002-38 (A Resolution Adopting the Final 2002 Tax Levy Collectible in 2003) · Resolution #2002-39 (A Resolution Adopting the 2003 Final Budget) · Resolution #2002-40 (A Resolution Appointing Personnel) · Resolution #2002-41 (A Resolution Establishing 2003 Wages for City Employees) · Approve Letter of Credit Reduction for Cedar Creek North 3rd Addition to $21,000 · Approve Letter of Credit Reduction for Cedar Creek South 6th Addition to $S,OOO · Approve Letter of Credit Reduction for Towne Lakes 2nd Addition to $7S9,000 · Approve On-Sale Wine License (Not to Exceed 14% Alcohol by Volume) for Hong Thai, Inc. at S600 LaCentre Avenue NE (Randy & Boun Yeng Carstensen, applicants) · Authorize payment of all just claims received by December 31, 2002 Fay seconded the motion. All voted aye. . . . Albertville City Council Minutes December 16, 2002 Page 2 ofS Water Operator John Middendorf explained that he would like to permission to change from using meter horns on water meters to providing pigtails to be used for connectors as discussed at a previous Public Works Committee meeting at first of year. The change would be a decrease in the cost to the homebuilder for residential meters. Vetsch made a motion to approve Middendorfs request for the change. Franklin seconded the motion. All voted aye. Middendorf reported tat he is still seeking pricing on the cost of sludge removal. So far the cost estimates he has received range from .03-.06 per gallon for land application. Franklin made a motion to accept the WWTF/Water Report as presented. Fay seconded the motion. All voted aye. Joel Eull, owner of Eull Concrete Products, told the Council that his 2.l6-acre parcel and buildings are still for sale if the Council wishes to pursue the purchase for a Public Works site. Vetsch thinks that the Eull property is adequate and wants further research on this site. Another possibility is to purchase the additional one-acre property located to the west. The Public Works Committee will meet the second Monday of January to discuss and investigate the PW needs. Planner Al Brixius reviewed the request from Gary Vetsch for a CUP to allow an accessory residential use on the second floor of the Smackdown's Bar & Grill. Also requested is a variance to the read and side yard setbacks. The Planning Commission has reviewed the application and recommended that the request be denied. At the last Council meeting, the Council requested more information about the property and indicated that they would require that the apartment be owner-occupied City Attorney Couri reported that his research of the easement on the property indicates that the easement is still valid. If that is the case, parking in the easement would only be permitted by an agreement with the other property owner. Gary Vetsch thinks the City should be responsible to remove curb cut on north side (Sih Street) and the curbing around the parking lot. Drainage from the adjacent lot east of his site flows to the west over his parking lot. Couri believes the alley between the lots has not been vacated. Berning suggests the drainage issue should be addressed before a decision on the request is considered. The Council directed Couri look at the actual abstract for the property's owners to determine if the alley was ever vacated on the abstracts. The Council agreed to table this item to the January 6th meeting. The administrator will send letter to Gary Vetsch stating the City is taking an additional 60 days to review his application. . Albertville City Council Minutes December 16, 2002 Page 3 of 5 Brixius explained that the zoning was changed from B-3 to PUD for the Outlets at Albertville Phase III but that the Council did not adopt the ordinance making the change. Fay made a motion to adopt 0-2002-17 titled AN ORDINANCE AMENDING THE ALBERTVILLE ZONING MAP, rezoning the property fro B-3 to PUD Berning seconded the motion. Wallace, Franklin, Fay and Berning voted aye. Vetsch voted no. The motion carried. Brixius reviewed the request from Especially for Children Day Care and property owner Gary Janish for a day care facility at 5600 LaCentre Avenue NE, zoned B-2 and a Conditional Use Permit for the construction of a special purpose fence to enclose the outdoor play area. Exterior modifications of the building will include the addition of both windows and doorways to the south of the service bay. Berning made a motion to adopt the Findings of Fact & Decision approving the ClJP requests, as amended requiring a 6 foot fence as a part of Condition #4. Fay seconded the motion. All voted aye. . Brixius reviewed the proposed rezoning from B-2 and B-3 to B-2A as recommended by the Planning Commission. Brixius told the Council that the Towne Lakes Concept plan shows a gas station at the entrance into the neighborhood, which will not be a permitted use in the B-2A zone. The developer will be applying for a PUD on the south side of the entranceway to allow for gas station and other commercial uses. Berning made a motion to adopt ORDIANCE #2002-19 titled AN ORDINANCE AMENDING SECTION 300 (Administration - Map Amendment ) OF THE ALBERTILLE ZONING ORDINANCE TO PROVIDE FOR A CHANGE IN ZONING CLASSIFICATION FROM B-3 AND B-2A "SPECIAL BUSINESS DISTRICT". Fay seconded the motion. Shelly Tompkins of CPDC told the Council that the commercial uses they have planned to incorporate into the Towne Lakes addition were allowed in the B-3 zone. If the site is rezoned to PUD, the gas station/convenience store will be designed to fit into the character of the "neighborhood" . Mayor Wallace asked for a vote on the motion to adopt Ordinance #2002-19. All voted aye. Fay made a motion to adopt ORDINANCE #2002-20 titled AN ORDINANCE AMENDING THE ALBERTVILLE ZONING ORDINANCE, SECTION 4400.2.c, PERMITT4ED USES FOR THE B-3 HIGHWAY COMMERCIAL DISTRICT to allow rental uses in B-3 zone. Franklin seconded the motion. All voted aye. . Councilmember Berning requested that the owners of the off premise signs on the comer of CSAH 19/50th Street be notified that the signs are non-compliant and must be removed. Staff was directed to send a letter to each owner requesting them to remove the non-compliant signs. . Albertville City Council Minutes December 16, 2002 Page 4 of 5 City Attorney Couri was directed to draft an ordinance that requires that construction dumpsters be covered and all debris from the job site be contained for the Council to consider. In the meantime a memo will be sent to each builder requiring that job sites be kept free of litter. Patrick Callan presented a request to purchase 235' of Outlot E , Northwest Commercial Park for $329,168 for 87,778 sq. ft ($3.75 per square foot) and a first right of refusal to purchase the remainder of the outlot at a later date. Berning made motion to sell the parcel to Callan at a price of $4 per square foot. Franklin seconded the motion. All voted aye. Callan agrees to purchase the property at $4 per square foot. City Attorney Couri will prepare a purchase agreement for the sale. Councilmember Franklin reported that Dave Commers, owner of Carpet Country, agrees with the Council's offer to use the stockpiled fill stored at the site to build up Lot 1, Block 2, Northwest Commercial Park, and purchase the property at $3.75 per square foot.. Commers would like to close in the spring. Couri was directed to prepare a purchase agreement with Dave Commers based on these terms. . City Engineer Pete Carlson explained that the City was not notified on the publication of the EA W for the Otsego Wastewater Treatment Facility. There is no recourse on the failure of the notification. The City would have commented on transportation issues and the PCA would likely have responded that the two cities work together on those issues. Otsego's effluent permit is out for comment until December 20th. The city does have the opportunity to respond, but Otsego's plant will not have any effect on the Albertville's treatment facility. Therefore, Carlson does not believe a response is necessary. Carlson reviewed the wetland mitigation plan for the Outlets of Albertville Phase III and reported that the TEC Panel had met earlier in the day. Comments from the Panel were for minor clarifications and further documentation, both of which are being prepared. Carlson recommended approval of the wetland mitigation plan, contingent upon TEC panel's final approval. Franklin made a motion to approve the wetland fill application for the Outlets of Albertville Phase III, contingent upon approval of the TEC Panel. The actual resolution will be presented to the Council for adoption in January. Berning seconded the motion. Franklin, Berning, Wallace and Fay voted aye. Vetsch voted no. The motion carried. The Council agreed that flasher lights on the stop signs at the intersection of CSAH/57th Street are necessary. Pete will contact Wright County and try to have the lights installed as soon as possible. . Berning questioned if the City could charge a fee from developers for road improvements. City Attorney Couri explained that the language is already incorporated in our ordinance which requires that developers to show traffic impacts. If the impact indicates that road improvements . . . Albertville City Council Minutes December 16, 2002 Page 5 of5 are necessary for the project to precede, negotiations can be held with the developer to pay a portion of the costs. Franklin made a motion to approve AMENDMENT TO DON'S BUS GARAGE CONDITIONAL USE PERMIT/PLANNED UNIT DEVELOPMENT AGREEMENT as presented. Fay seconded the motion. All voted aye. Vetsch made a motion to adopt RESOLUTION #2002-43 titled RESOLUTION ACCETING DONATION OF CERTAIN LOTS WITHIN BARTHEL'S INDUSTRIAL PARK. Franklin seconded the motion. All voted aye. Fay made a motion to adopt ORDINANCE #2002-18 titled AN ORDINANCE REGULATING THE DISCHARGE OF SUMP PUMPS. Berning seconded the motion. All voted aye. City Attorney Couri advised the City has received a complaint about Fire Department personnel and practices. The matter is one of data privacy, however, the City needs to investigate the allegations. Some alleged practices are liability issues for the City. Couri recommends the City bring in a person who is familiar with Fire Department matters to do the investigation and present a report to the Council. The complaint about personnel needs to be investigated as well. Couri will come back to the Council in January with cost estimates for the investigation. Vetsch made a motion to adjourn at 10:10 PM. Wallace seconded the motion. All voted aye. ,--~... i . .-17 /'j ) /7// .. \ . jet. , '-/ !+~ ,1T t irlC-e--/ Scott Wallace, Mayor -(~ ,it,i-( jL Linda Goeb, City Administrator