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2003-08-04 CC Minutes . . . ALBERTVILLE CITY COUNCIL August 4, 2003 Albertville City Hall 7:00 PM PRESENT: Mayor Don Peterson, Councilmembers LeRoy Berning, Tim Sweeney, Tom Fay, and Ron Klecker, City Engineer Pete Carlson, City Planner Al Brixius, City Attorney Mike Couri, and City Administrator Linda Goeb Mayor Peterson called the regular meeting of the Albertville City Council to order. The agenda was amended as follows: · Kolleville Estates 3rd Addition trail · Trees & street repairs · Add Albertville Primary School · Street Lights · Move Citizen Forum item to the Public Works Department Klecker made a motion to approve the agenda as amended. Fay seconded the motion. All voted aye. Fay made a motion to approve the minutes of the July 17,2003, Joint Albertville Otsego City Council Workshop, the minutes of the July 21, 2003, regular meeting, and the minutes of the July 23,2003, Special Meeting as presented. Klecker seconded the motion. All voted aye. Mayor Peterson asked if anyone wished to address the Council under Citizen Forum. Judy Roden, 10941 5ih Street NE, questioned if the City had received the two benches that were gifted to the city from the Historical Society. Public Works Supervisor Tim Guimont reported that the benches had been received, but he has not located the benches as of yet. Mark Barthel, 11453 58th Street NE, reported on problems he has observed at the Skateboard Park, especially after 9:00 PM. He has observed vandalism, foul language, underage drinking and smoking. Trash is being discarded on the ground. Park Supervisor Tim Guimont reported to the Council that the new fence around the Skateboard Park was damaged before it was even was completely installed. Tim called the Wright County Sheriff's Department and the suspect has been arrested. Staff was directed to contact the sheriff's department to enforce the park hour rules and to patrol the area more frequently. Check #'s 18356, 18371, 18375, and 18392 were removed from the Consent Agenda. Berning made a motion to approve the Consent Agenda as follows: (a) Approve payment of claims (Check #'s 18349 -18355, Check #'s 18357 - 18370, Check #'s 18372 - 18374, Check #'s 18376-18391, and Check #'s 18393 - 18397) (b) Resolution #2003-23 (A Resolution Recognizing Volunteers-Elaine Engstrom . Albertville City Council Minutes August 4, 2003 Page 2 of 5 (c) Approve Non-intoxicating Malt Liquor License for Smackdown's Sports Bar & Grill, Inc. for a pig roast on September 6,2003, from 2:00 PM to Midnight (d) Follow-up Sheet - July th Agenda Fay seconded the motion. All voted aye. Mayor Peterson presented Elaine Engstrom a plaque in recognition of her years as a volunteer on the Albertville Royalty Committee. Tate Mills, Chairman of the Albertville Fire Department Truck Committee, addressed the Council seeking approval to start looking for a new pumper truck. Mills reported that the Fire Department currently has three pumper trucks-the 2002 aerial ladder truck, a 1985 Chevy pumper and a 1979 pumper. The 1985 pumper truck has been removed from interior service. since July 19. That day the pumper truck was responding to a structure fire when the pumper quit and could not have been restarted. At the time several firefighters were inside the structure. The Fire Department's goal is to replace both the older pumper trucks. According to standards a pumper truck should be able to pump 2,200 gallons per minute. Neither of the older pumpers meet this requirement. The age of the vehicles needs to also be considered. Mills estimated that the cost to replace the pump on the existing rigs is in the $200,000 range. . The Council agreed to set up a workshop meeting with the Fire Department on Thursday, August 14th at 6:00 PM to discuss the budget and the new truck. Under the Public Works Department agenda, Terry Felker. 5512 Lachman Avenue NE, responded to a neighbor's complaint regarding the board that he placed in front of a culvert to allow the pond area to get deeper. The neighbor, John Salen, believes the board inhibits water from properly draining his yard. Felker contends that the board does not prohibit storm water drainage, but rather the Salen' s yard is graded too flat. The Council directed the engineer to have site elevations on Salen's yard taken 0 determine if the lot should be raised. City Engineer Pete Carlson also eXplained that the pond needs to be dredged out from the silt and debris that entered the pond during the Albertville Crossings development project. The City Attorney believes that the pond dredging should be done under the terms of the Developer's Agreement. The Salen's rear yard could be raised by the dredged materials. Councilmembers Fay and Sweeney believe that property owners should not be allowed to grade into detention ponds because it increases the liklihood of creating problems for other property owners. Fay questioned if the city would be liable for damages if someone is injured on the detention pond. City Attorney Couri responded that the City would likely be named in any lawsuit resulting from damages or injuries. Felker stated that he will remove the board blocking the culvert yet this evening. Zoning Administrator Jon Sutherland will inspect the property tomorrow. . City Planner Al Brixius discussed the Kolleville Estates 3rd Addition trail. There is considerable opposition from residents to the extension of trail to the north through Kolleville . Albertville City Council Minutes August 4, 2003 Page 3 of 5 Estates 2nd Addition. The developer is asking the City Council to reconsider the decision to require the trail between lots in Kollville Estates 3rd. Berning made a motion to allow the trail to be remove d from the Kolleville Estates 3rd Addition plat with the stipulation that the existing driveway to Sylvester Kolles's farm be removed as soon as possible. Sweeney seconded the motion. All voted aye. Public Works Supervisor Tim Guimont has received a bid from Fehn Gravel & Excavating to gravel and improve Marlowe Avenue NE. Fehn's price to complete the upgrade is $20,976. City Engineer Pete Carlson estimated the cost of the Class 5 materials alone would be around $15,000. The Council requested that Pete contact Fehn's about the bid. Tim reported that installing a warning track on new softball field would cost around $1200. Mayor Peterson indicated that the Knights of Columbus may be willing to donate the funds for this project City Engineer Pete Carlson reported that Wright County will likely not be participating in a shared Public Works Facility building. He will revise the floor plan and present cost estimates at the next meeting. . Council member Klecker reported that evergreens planted on two yards at the southwest comer of 57th Street and Kalland Avenue create sight problem for drivers. Tim will measure to see if the trees are in the right-of-way and staff will work with the property owners to have the trees removed from the sight triangle. The street overlay proj ect will be started next week and several areas of Kalland Drive will be patched at that time. A letter has been sent to RJ Marco regarding turf establishment on the Albertville Plaza site. The silt fencing should be removed after turf has been established Fay made a motion to approve the Public Works Report. Klecker seconded the motion. All voted aye. City Planner Al Brixius reviewed the request from Gold Key Development, Inc. for rezoning from R-lA to PUD and a preliminary plat to be known as Prairie Run, allowing the subdivision of a 33.5 acre site into 52 single family residential lots. The site is proposed to be developed under the R-l district standards, with larger lots at the northern portion of the site and smaller single at the southern portion of the site, buffering County Road 18. The developer is opposed to Condition #2 of the Findings of Fact & Decision regarding the . road extension to 53rd Street. The developer questions who will pay the costs for extending the . Albertville City Council Minutes August 4, 2003 Page 4 of5 road into property that he does not intend to purchase. Some discussion occurred regarding assessing the cost of the road to benefited properties. No final decision was reached. The Council discussed the current agricultural operation at the proposed site and found that the proposed development will conflict and be inconsistent with the conduct of agricultural operations on or from any portion of the property. The Council added the following conditions of approval to the Findings of Fact and Decision: (1) Permanent demarcation of the wetland buffer must be installed. (2) All agricultural operations on for from any portion of the property ceases upon final plat approval. (3) The current farmstead shall be incorporated into the plat. (4) All street names within the development will be consistent with the Wright County grid. Berning made a motion to approve the Findings of Fact and Decision as amended. Klecker seconded the motion. Berning, Klecker, Fay and Peterson voted aye. Sweeney voted no. The motion carried. . City Engineer Pete Carlson briefly reviewed the Storm Water Run-Off Review. He has found that an increase in the size of the storm sewer pipe to a 60" pipe would be required to control the drainage along Main Avenue. The other option is to add a detention pond in the area along Main Avenue. To consider this option, the City would need to acquire property. Additional catch basins could be also be added along Main Avenue. Pete will continue to explore other options and will report back to the Council at the next meeting. In the Albert Villas development, Pete modeled the effects of an 8" rainfall. Flood elevations were shown and the results were that the storm system worked as designed and is adequate for a 100 year rainfall (6" in 24 hours). Extra runoff comes from properties in St. Michael. Pete suggests creating a diversion channel to take excess water created from 8" rainfall along the rear property lines. The diversion channel would be a short term solution only until storm water detention ponds are built in the St. Michael area at the time development occurs in that area. Property owner next to County Ditch 9 at 4943 Kaiser Avenue told that Council that even small rainfalls create flooding of the street in front of her house. The water standing in the street is deep enough that she is unable to leave her home by car. Pete look into street flooding issues on Kaiser Avenue NE Pete was directed to begin discussions with the Primary School and the school board regarding establishing ajoint park facility on the Primary School site. . The Council asked Pete to research adding lights on the medians on CSAH 19 (between 6ih Street and 53rd Street). . . . Albertville City Council Minutes August 4, 2003 Page 5 of 5 City Attorney Mike Couri told the Council that the owners of Welcome Furniture have requested that the berm behind the west side of the mall be removed. The berm was not included in the original grading plan approved for the mall site. Ray Wiley, co-owner of Welcome Furniture, stated the berm erodes onto their parking lot and into their holding pond at the east side. The berm is also unsightly and has noxious weeds growing. The berm further cuts visibility to his site. Sally Thompson, representing the outlet mall, was present at the meeting and indicated she is willing to discuss options with the Welcome Furniture owners. Couri reviewed the technical amendment to the Developers Agreements of Albert Villas 3rd, 4th and 6th Additions. The Developers Agreements reference a homeowners association which was never required in the developments. The amendment to the agreements eliminates all references to a homeowner's association. Sweeney made a motion to approve the amended Developer Agreements as described. Berning seconded the motion. All voted aye. Couri reviewed the Escrow Fee Ordinance with the revised escrow amount at $3,000 to be deposited at the time of building permit issuance. Berning made a motion to adopt the ordinance as presented. Klecker seconded the motion. Berning, Klecker, Peterson and Sweeney voted aye. Fay voted no. The motion carried. The council set the following workshop meeting to discuss the 2004 budget: · Tuesday, August 5 at 7:00 PM · Thursday, August 14 at 6:00 PM · Thursday, August 28 at 6:00 PM Fay made a motion to approve RESOLUTION #2003-26 titled A RESOLUTION ACKNOWLEDGING RESIGNATION OF COUNCIKLMEMBER TIM SWEENEY AND DECLARING A VACANCY. Berning seconded the motion. All voted aye. Sweeney made a motion to adjourn at 11 :30. Fay seconded the motion. All voted aye. ~,2J K.1fr~:-.J , Di:::ayor ~~, i- Linda Goeb, City Administrator