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2004-03-15 CC Minutes . . . ALBERTVILLE CITY COUNCIL City of Albertville Minutes March 15, 2004 Albertville City Hall 7:00 PM PRESENT: Mayor Don Peterson, Councilmembers LeRoy Berning, Tom Fay, Dorothy Rich and Ron Klecker, City Engineer Pete Carlson, City Planner Al Brixius, City Attorney Mike Couri and City Administrator Larry Kruse. Absent: None Mayor Peterson called the City Council meeting of the City of Albertville to order at 7:00 p.m. MINUTES: MOTION BY Councilmember Klecker, seconded by Councilmember Fay to approve the minutes of March 1,2004. Motion carried unanimously. AGENDA: MOTION BY Councilmember Berning, seconded by Councilmember Rich to approve the agenda adding the following items: . Planning: o H.J. Development request for sign o Miscellaneous updates . Engineering o 5ih Street Trail easements o Barthel Industrial Improvement . Other o Big Woods Elementary School Park Shelter Motion carried unanimously. CONSENT AGENDA: MOTION BY Councilmember Fay, seconded by Councilmember Rich to approve the following consent agenda except check numbers 19478. a. Approve payment of claims check number 19461-19509 b. Approve $8,000 donation to the Family Youth Community Connections (FYCC) c. Approve application for Exempt Permit for St. Albert's Catholic Church for the Parish Festival scheduled for July 18,2004. d. Approve application for Non-intoxicating Malt Liquor License for Lions, Paul Heinen Family Benefit to be held on April17, 2004 noon to 11 p.m. . . . Albertville City Council Minutes February 2, 2004 Page 2 of 7 e. Accept Veit & Company's building demolition and asbestos removal quote for 5933 Main Avenue at an amount not to exceed $19,839. f. Approve Resolution No. 2004-10 for local government to apply for Outdoor Recreation Grant Program. Motion carried unanimously. PULL CONSENT ITEMS: Berning questioned a $553.26 IRS payment. City Administrator Kruse stated IRS audited 2003 withholding and identified this as an adjustment. MOTION BY Councilmember Berning and seconded by Councilmember Rich to approve payment of checks numbers 19478. Motion carried unanimously. CITIZEN FORUM: No comments. PUBLIC HEARINGS: The City of Albertville's Outdoor Recreation Grant Application for Albert Villas Park Improvements. Mayor Peterson called the public hearing to order and Councilmember Berning reviewed the proposed park improvement project. Following the presentation, positive comments were received regarding the need for this project. No negative comments were received about the project. The Albert Villas Park will be known as Southside Park. The park will include a youth baseball field, competitive soccer field, play structure, trails, gazebo, restroom, storage shed, and parking area. The project will start in September 2004 and be completed May 2005. Total cost of the project is $225,117.00. The funds for this project will be taken out of park dedication fees, paid by the developer at the time of development. Mayor Peterson adjourned the public hearing and reconvened the regular City Council meeting noting the approval of a resolution in the consent agenda. PARKS DEPARTMENT Councilmember Rich updated the Council stating that Councilmember Klecker had attended a meeting on the Big Woods Elementary School park shelter. Students involved in planning the park have visited a number of other facilities and have expanded the project to $100,000 to $160,000. School representatives were not in attendance, so many questions could not be answered. Currently the City of St. Michael is proposing contributing $35,000 and the City of Albertville has discussed a 25% contribution up to a maximum of $25,000. Obviously there is a . Albertville City Council Minutes February 2, 2004 Page 3 of7 significant funding gap, which needs to be discussed. No action was taken on the matter stating this could be a topic for discussion at the 6:00 p.m. March 29th meeting. STREET DEPARTMENT Reviewed the Street Department Written Report. Discussed the City completing a few more of the energy saving items identified in the Fire Hall energy audit. Requested that Tim Guimont schedule some time to complete additional items or if beyond City crew capabilities to pursue quotes for outside vendor to compute cost effective energy saving items. Timberland Community Service Project: Discussed the proposed installation of park benches and patio located on the south side of 57th Street between Lachman A venue and Lambert requesting that we make sure we don't encroach on the wetland and to change the species of trees from crab apple to some non-fruit bearing tree to avoid the mess. PLANNING: . D. MICHAEL B'S BAR AND GRILL SITE PLAN City Planner Al Brixius reviewed the projects, outlining to the council the proposed Findings of Fact. After the presentation the council recommended adding two items. Number 21 stating patio furniture will not be stored there during the winter and Number 22 stating the outside audio system be maintained at a sound level to not disturb neighboring properties and to be turned off at 10:00 p.m. during the week and 11 :00 p.m. on weekends, or hours set annually by the City Council. MOTION BY Councilmember Rich, seconded by Councilmember Klecker to approve the site plan for D. Michael B's Bar and Restaurant based on the amended Findings of Fact and Decision Document dated March 15, 2004 as on file in the office of the City Clerk. Motion carried unanimously. INDUSTRIAL PARK SIGNS MOTION BY Councilmember Rich, seconded by Councilmember Fay to amend Section 10 Subd. 3c of the sign ordinance as presented to the City Council on March 15 by City Planner Brixius as follows: Ground Sign Not more than one (1) ground sign or monument sign shall be permitted on an industrial lot. The total area of the ground or monument sign shall not exceed 100 square feet. . (1) Signs constructed of metal and illuminated by any means requiring internal wiring or electrically wired accessory fixtures attached to a metal sign shall maintain a free clearance to grade of nine (9) feet to ground. In the event that a metal sign structure or accessory fixture herein described is grounded by the use of a grounding . . . Albertville City Council Minutes February 2, 2004 Page 4 of 7 conductor run with the circuit conductors, and said structures or fixture is also grounded by being bonded to a grounding electrode at the sign site, no clearance to grade shall be mandatory. (2) Signage shall only be permitted within the front yard. Where a building is located on a comer lot, the front yard shall be defined as that boundary abutting a public right- of-way having the least width. (3) Sign area for ground signs applies to only one (1) face of a two-faced ground or monument sign, or two (2) faces of a four- faced sign. (4) No ground sign shall be located closer to any property line than ten (10) feet. (5) No metal ground sign shall be located within eight (8) feet vertically and four (4) feet horizontally of electric wires of conductors in free air carrying more than forty-eight (48) volts, whether or not such wires or conductors are insulated or otherwise protected. (6) No signage shall be permitted to exceed 12 feet above the centerline grade of the adjoining road. (7) No exterior illumination shall be permitted on any sign within the Industrial District. All signage shall be internally lit with light letters on dark background. Motion carried unanimously. WETLAND/SHORELINE ORDINANCE MOTION BY Councilmember Rich, seconded by Councilmember Berning to adopt An Ordinance amending Section 200.2(181) (Definitions-Wetlands) and Article 5000 (wetland Systems District) of the Albertville Zoning Ordinance as presented to the City Council on March 15, 2004 and on file in the office of the City Clerk. Motion carried unanimously. TEMPORARY SIGN ORDINANCE The council reviewed a proposed amending the City sign ordinance relating to banners, pennants, streamers and strings of lights in an effort to control the proliferation of signage along roads and streets. The consensus of the council was to send this to the Planning Commission for additional review, discussion and public comment. . . . Albertville City Council Minutes February 2, 2004 Page 5 of7 OTHER PLANNING ITEMS: DIAGO PROPERTY City Planner Brixius updated the council that a developer approached staff regarding development ofthe land in the northeast comer of the City. Concept plans will be shared with the council in the near future to gamer support for a new development with covered streets. The Council discussed opportunities to work with the City of Otsego on boarder roads and suggested staff invite representatives of the City of Otsego to meet with possible dates of April 21, 22 or 23rd. MALL OUTBUILDINGS City Planner Brixius notes a couple of non-compliant small storage buildings at the mall stating he is working with the mall for removal or to have the City consider an amendment to the PUD. H.J. DEVELOPMENT CSAH 19/194 SIGN REQUEST City Planner Brixius presented a letter from H.J. Development requesting a directional sign similar to the one the City installed on Main Avenue and County Road 37. After much discussion, the council consensus is that due to the number of businesses that would desire a similar sign, and the logistics of the City not being in the "sign business", to decline further consideration of another City directional sign. ENGINEERING: 57th STREET TRAIL EASEMENTS City Engineer Carlson informed the council that upon initial contact with two property owners along the sih Street trail project, the owners proposed selling a trail easement for $SO,OOO to $60,000 per acre. It was the consensus of the Council to have City Administrator Larry Kruse meet with respective land owner to negotiate the purchase of trail easements and bring back for council consideration. BARTHEL INDUSTRIAL PARK ROAD Discussed the Barthel Industrial Improvement Project with City Administrator Kruse suggesting that if the Council is interested in proceeding that it be put on the Council agenda for next month to schedule a public improvement hearing. City Engineer Carlson stated he had received a letter from Scherer Brothers Lumber and they stated they prefer to eliminate the north cul-de-sac. The council concurred and requested it be put on the April agenda. LEGAL: LEVEL THREE SEX OFFENDER City Attorney Couri reviewed a draft resolution encouraging the legislature to pass additional controls for level three sex offenders. . . . Albertville City Council Minutes February 2, 2004 Page 6 of 7 MOTION BY Councilmember Klecker, seconded by Rich to adopt a Resolution entitled Support for changes to the Minnesota's Sex Offenders Laws WHEREAS, Minnesota's laws relating to the sentencing of convicted sex offenders and the release and supervision of sex offenders who have completed their prison sentences are in need of reform; and WHEREAS, under current law, convicted sex offenders who have completed their prison sentences are not necessarily restricted in where they may reside in relation to vulnerable institutions such as schools, churches, public parks and day care facilities; and WHEREAS, municipalities have no authority to prevent convicted sex offenders from residing in close proximity to such vulnerable institutions; and NOW, THEREFORE, the City of Albertville hereby encourages the Minnesota Legislature to amend the existing laws relating to sex offenders to: 1. Prohibit convicted sex offenders who are required to register under the Minnesota predatory offender registration law from living within 1,000 feet of a school, public park, church, or licensed day care facility. 2. Provide notice to the affected municipality and the residents of affected neighborhoods prior to the time a level three convicted sex offender moves to a new location. 3. Provide 30 days notice to the affected municipality prior to the time any convicted sex offender who is required to register under the predatory offender registration law resides within the municipality. Motion carried unanimously. ADMINISTRATION: Reviewed City Administrator's written report. Wright County Administrator's Policy Statements City Administrator Kruse shared that the City Administrator's of Wright County have been meeting monthly and in an effort to build a more positive working relationship with the County Board and staff have compiled some common policy statements on city positions including but not limited to Transportation, Bonding and Finance, Annexation and Land Use Planning, Services and Economic Development. The council in general was supportive of promoting a better working relationship with the County, however did not want the focus to just be "annexation". The council will study the document and consider adoption at the next meeting. . . . Albertville City Council Minutes February 2, 2004 Page 7 of7 COUNCIL COMMENTS: · Confirmed the Albertville, St. Michael and School meeting scheduled for 6:00 p.m. March 29th at the school. · Confirmed a meeting on the 1-94 interchange for 6:00 p.m. Tuesday, March 16, 2004 to meet with the City's consulting engineer on a permitting strategy for CSAH 19 ramps, schedule review, budget review and other discussion. · Confirmed the rescheduling of Sexual Harassment Training from March 24 to some time in June. · Rescheduled the Albertville and St. Michael committee meeting to discuss hiring a shared full time fire chief from April 1 to April 8th at 5:30 at the Albertville Fire Hall. ADJOURNMENT: MOTION BY Councilmember Berning, seconded by Councilmember Fay to adjourn the regular Council meeting at 10:00 p.m. Motion carried unanimously. Dc-A-J ~ <:=p~-~ Don Peterson, Mayor ~ . ... ... ~ /. 1'~" Larry Krus-e: City Administrator