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1991-12-02 CC Agenda/PacketALBERTVILLE CITY COUNCIL AGENDA December 2, 1991 I. CALL MEETING TO ORDER II. APPROVAL OF THE AGENDA III. APPROVAL OF CONSENT AGENDA ITEMS * Attached list IV. FOLLOW-UP SHEET * November 18, 1991 Meeting V. APPROVAL OF THE MINUTES �k November 18, 1991 - Regular Meeting November 19, 1991 - Reassessment Hearing (Sunrise Commercial Park # November 19, 1991 - Assessment Hearing (Westwind Second Addition * November 19, 1991 - Assessment Hearing (Westwind Commercial Property) # November 21, 1991 - Truth In Taxation Meeting VI. COMMUNITY FORUM VII. DEPARTMENT BUSINESS A. PLANNING & ZONING - Recommendation to amend Section 1000.4, Paragraph 3 and 5 of the Zoning Ordinance to read 900 square feet - Recommendation to approve excavation on Marx property as per topographical survey/site plan presented at 11/26/91 P & Z - Recommendation that Kevin Mealhouse reveiw proposals regarding non -conforming uses, inclusion of back-up information in packet and attendance at P & Z meetings as needed B. ENGINEERING - Project Updates C. LEGAL • - Assessment Agreement RE: PPM Building Project Updates 0 • 0 D. ADMINISTRATION * Financial Statement * Approval to pay bills (Check #5675 to #5706) - Wages - Amend 1992 budget by adding $1800 for Friendly City Days Donation - Set work meeting for Pay Equity Plan (Possibly December 10, 1991, after Public Hearing) - City Membership in MN Association of Small Cities ($65.00 per year) - Postpone meeting with Otsego City Council from December 3rd to December 12th at 7:30 PM at Albertville City Hall VIII. COUNCIL MEMBER - Walsh - - Potter VIII. OTHER BUSINESS IX. ADJOURNMENT REPORTS Joint Powers Park Board . ALBERTVILLE CITY COUNCIL CONSENT AGENDA ITEMS December 2, 1991 III. Approval of Consent Agenda Items - Follow-up Sheet from November 18, 1991 Meeting - Minutes of November 18, 1991 - Regular Meeting - Minutes of November 19, 1991 - Reassessment Hearing (Sunrise Commercial Park) - Minutes of November 19, 1991 - Assessment Hearing (Westwind 2nd Addition) - Minutes of November 19, 1991 - Assessment Hearing (Westwind Commercial Property) - Minutes of November 21, 1991 - Truth In Taxation Hearing - Financial Statement - Approval to pay bills (CK #5672 - CK #5701) • '~ ALBERTVILLE CITY COUNCIL December 2, 1991 Albertville City Hall 8:20 PM PRESENT: Mayor Jim Walsh, Councilmen Duane Berning, Mike Potter, Donatus Vetsch, and Mark Barthel, City Attorney Mike Couri, City Clerk Linda Houghton Mayor Walsh called the regular meeting of the Albertville City Council to order at 8:20 PM. The start of the meeting was delayed because the City Council met with the District #885 School Board at 7:30 PM to address the City's concerns about modifying the common boundary lines between the STMA and Elk River School Districts. The agenda was amended with the addition a report on the meeting with the District #885 School Board and a discussion of the progress on attracting a full -service bank to the City. Potter made a motion to approve the agenda as amended. Barthel seconded the motion. All voted aye. Vetsch made a motion to approve the follow-up sheet from the November 18. 1991, meeting. Barthel seconded the motion. All voted aye. Vetsch made a motion to approve the minutes from the November 18, 1991, regular City Council meeting. Barthel seconded the motion. All voted aye. Vetsch made a motion to approve the minutes from the November 19, 1991, Reassessment Hearing for Sunrise Commercial Park. Barthel seconded the motion. All voted aye. The minutes of the November 18, 1991, Assessment Hearing for Westwind Second Addition were amended to state that the written objections to the proposed assessment from the October 30, 1991, meeting is limited to the Joint Powers charges for an inspector/observer on site. Vetsch made a motion to approve the minutes as amended. Barthel seconded the motion. All voted aye. Vetsch made a motion to approve the minutes from the November 19, 1991, Assessment Hearing for the Westwind Commercial Property. Barthel seconded the motion. All voted aye. Vetsch made a motion to approve the minutes from the November 21, 1991, Truth in Taxation Hearing. Barthel seconded the motion. All voted aye. Wayne Rains expressed his objections to the storm water quarterly billings. He stated that since the construction of the new high school, he and several of his neighbors are experiencing more water problems. Mayor Walsh will have the city engineer check to see if the high school g project is indeed causing water problems on other properties. Ken Lindsay reported on the difficulties the maintenance department has had snow plowing because of the number of cars parked in the streets. Linda was directed to put a notice in the next newsletter asking residents to be aware that on street parking is prohibited until the street has been plowed curb to curb. Ken will meet with Councilman Vetsch to discuss snow removal. City Engineer Thore Meyer was not present at the meeting, but the Council reviewed the November 20, 1991, letter from Thomas Holstrom from the MPCA. Thore is proceeding with his attempts to increase the storage capacity at the ponds. Berning made a motion to adopt the following resolution: BE IT RESOLVED, the City Council of the City of Albertville, hereby amends the Zoning Ordinance, adopted December 1988 and updated February 1991, as follows: 1000.4. Accessory Buildings, Uses and Equipment (a) Farm operations are exempt from the requirements of this Subsection. (b) Single family detached uses: (1) No accessory use, building, structure of equipment shall be allowed within a required front yard. With the exception of a garage, no accessory building, structure, use or equipment may be placed within a front yard. (2) No accessory building, structure, and/or detached garage for a singe family dwelling shall occupy more that twenty-five (25) percent of the area of the rear yard. (3) The total floor area of either an attached garage or a detached garage for a single family detached dwelling shall not exceed nine hundred ( 900 ) square feet of floor area and not exceed the ground coverage of the dwelling, except by conditional use. (4) No building permit shall be issued for more than one (1) detached or attached private garage for each single family dwelling, except by conditional use permit. (5) No accessary detached building for a single family dwelling shall occupy more than one hundred fifty (150) square feet when ~ accompanied by an attached garage on the same lot nor shall the combined total floor area of an accessory detached building and/or attached garage exceed nine hundred (900) square feet except as each standard may be modified by conditional use permit. n (6) No building permit shall be issued for the construction of an accessory building for a single family dwelling when an existing detached garage is located on the same lot, except by conditional use permit. (7) No permit shall be issued for the construction of more than one accessory building and/or structure, except by conditional use permit. (8) Accessory buildings may encroach into the required side and rear yard setbacks within the rear yard of a lot, except, however, that no such encroachment may occur on required easement, or in a required side yard setback abutting a street in the case of a corner lot. In no case shall the setback be less than ten (10) feet. Potter seconded the motion. All voted aye. Barthel made a motion to adopt the following resolution: BE IT RESOLVED, the City Council of the City of Albertville, hereby grants an excavation permit to allow Bernard Marx to move dirt on the Clem Marx property. No dirt will be removed from the property. A copy of the final site plan showing the new elevations will be submitted to the City. Vetsch seconded the motion. All voted aye. The Council directed the clerk to draft a policy stating that the chairs of the Planning and Zoning Commission and the Park Board meet with the clerk the week before the regular meeting to discuss the agenda and set time parameters for scheduling on the agenda for the Council to review at the next meeting. Attorney Mike Couri reported that the assessment agreement on the PPM building values the property at $275,400. The property has been sold to Russ Vogt at a considerable amount under the assessed value. Vogt has requested that the City reassess the property so that his taxes will actually be paid on the actual market value. Couri explained that the TIF district will be decertified in 1992. However, the 1993 taxes will be based on the assessed value of the property on January 1, 1992. Potter made a motion to adopt the following resolution: BE IT RESOLVED, the City Council of the City of Albertville, hereby agrees to void the assessment agreement for the PPM building, such that the 1993 property taxes on the building will reflect the actual market value of the property. Berning seconded the motion. All voted aye. Couri also explained that the appraisal on the property through which the sanitary sewer line to serve the high school will run has been completed. Approximately 75% of the project cost can be assessed to the abutting properties. The other 25% of the costs can be assessed as an area wide assessment. Vetsch made a motion authorizing the city clerk to advertise for bids for the 1991-2 Improvement Project (High School Sanitary Sewer project) with the stipulation that bids are being taken now in order to provide accurate cost information for assessment purposes. Barthel seconded the motion. All voted aye. The Council received the drafts of the options for revising the Personnel Policy for their consideration. The Council indicated they wish to pursue recruitment of a full service bank to locate in the City. Potter made a motion to set a work meeting of the Council for December 10, 1991, immediately after the adjournment of the second public hearing on the high school sewer line to establish a pay equity/comparable worth program, to review the Personnel Policy and to a wage scale for City employees. Barthel seconded the motion. All voted aye. The Council agreed not to join the Minnesota Association of Small Cities. Potter made a motion to cancel the joint meeting of the Councils of Albertville and Otsego scheduled for December 3, 1991, and reset the meeting for December 12, 1991, at 7:30 PM at the Albertville City Hall. Barthel seconded the motion. All voted aye. Mayor Walsh reported that the City Council met with the District #885 School Board earlier this evening. The Council requested that the school board start a discussion with Elk River School Board to modify the common district boundaries so that the corporate limits of the City of Albertville are entirely in District #885. Walsh made a motion to appoint Councilman Potter to represent the City of Albertville on the committee established by the school board to begin discussion on the modification. Vetsch seconded the motion. All voted aye. Walsh reported that he had voted against contracting maintenance service for the Joint Powers Water System at the last Joint Powers meeting. The Board did approve a two year contract with Munitech, Inc. Potter reported that the Park Board is in the process of looking at the future park needs. John Darkenwald, George Yankoupe, and Wally O'Dell again requested preliminary plat approval for Westwind Third Addition and the developer's request for the extension of water and sewer. The developers agreed to bear all City expenses associated with the extension of the sewer and water lines. Barthel made a motion to approve the preliminary plat for the Westwind Third Addition subject to MPCA approval of the sewer extension, contingent upon the developer bearing responsibility for all expenses incurred by the City. Potter seconded the motion. Vetsch, Potter, Barthel and Walsh voted aye. Berning voted no. Preliminary plat approval was granted for Westwind Third Addition, subject to the conditions set forth in the motion. Barthel made a motion to adjourn at 10:40 PM. the motion. All voted aye. _ n Vetsch seconded ALBERTVILLE CITY COUNCIL November 18, 1991 Albertville City Hall 7:30 PM PRESENT: Mayor Jim Walsh, Councilmen Donatus Vetsch, "Dii'arie Berning, Mike Potter, and Mark Barthel, City Attorneys Bill Radzwill and Mike Couri, City Engineer Thore Meyer, City Clerk Linda Houghton Mayor Walsh called the regular meeting of the Albertville City Council to order. The agenda was amended by adding a discussion with Andy Savitski concerning Sunrise Commercial Park under the legal department business. Barthel made a motion to approve the agenda as amended. Vetsch seconded the motion. All voted aye. The Follow-up Sheet from the November 4, 1991, meeting was approved on a motion by Vetsch, seconded by Barthel. All voted aye. The minutes of the October 30, 1991, Assessment Hearing on the Parksedge development were approved on a motion by Vetsch, seconded by Barthel. All voted aye. The minutes of the October 30, 1991, Reassessment Hearing on the Sunrise Commercial Park development were approved on a motion by Vetsch, seconded by Barthel. All voted aye. The minutes of the October 30, 1991, Assessment Hearing on the Westwind Second Addition development were approved on a motion by Vetsch, seconded by Barthel. All voted aye. The minutes of the October 30, 1991, Assessment Hearing on the Westwind Commercial property were approved on a motion by Vetsch, seconded by Barthel. All voted aye. The minutes of the November 4, 1991, regular City Council meeting were approved on a motion by Vetsch, seconded by Barthel. All voted aye. Jerry Denzel, representing RCM Associates, presented the Council with information regarding the engineering services offered by their company. The October Monthly Operation Report for the wastewater treatment plant was approved on a motion by Vetsch, seconded by C December 2, 1991, school board agenda to present the above resolution and encourage the two school districts to modify their boundaries. The regular meeting of the City Council will be held at the City Hall immediately following the Council's attendance at the school board meeting. Barthel seconded the motion. All voted aye. Vetsch made a motion to set a special joint meeting of the Albertville City Council with the Otsego City Council on December 3, 1991, at 8:00 PM at the Albertville City Hall to discuts fire contracts. Potter seconded the motion. All voted aye. The Council reviewed the letter dated November 5, 1991, from City Attorney Mike Couri regarding Sunshine Kennels. According to the letter, City ordinances do not allow for the operation of a kennel in the current I-3 zone. Sunshine Kennels cannot qualify as an existing, non -conforming use either. Potter made a motion that the City send the owners of Sunshine Kennels a letter directing them to cease operation of the kennel immediately. Vetsch seconded the motion. All voted aye. Andy Savitski, owner of Sunrise Commercial Park, has requested that the City reimburse him by means of a reduction in assessments for the costs he has incurred in replacing and compacting dirt that was removed from one of his lots for the sub -base of his road. The Council reviewed Savitski's letter dated November 18, 1991, detailing his costs. Couri advised the Council that Savitski would be responsible for the cost of the fill (approximately 2800 cubic yards of dirt) used to bring the road up to sub -grade. However, Savitski has indicated that he could have gotten that dirt at $3 per cubic foot, or $8,400. Savitski has paid $12,340.00 for dirt hauled into the lot. In addition to the $3,940 additional expense incurred by Savitski, he anticipates that the extra footing and block necessary to build on this lot will cost an additional $2,625.00. Leveling and compacting the soil has cost Savitski $2,500.00. Potter made a motion to adopt the following resolution: BE IT RESOLVED, that the City Council of the City of Albertville hereby agrees to deduct a total of $9,065 from the assessment on the Sunrise Commercial Park to reimburse the property owner in the amount of $3,940 for fill material, $2,625 in additional costs for footing and block, and $2,500 for leveling and compacting. Barthel seconded the motion. All voted aye. Couri reported that he has met with the Westwind commercial property owners, and there has been no agreement over the assessment on this property. Radzwill reported that the easements necessary to construct C the sanitary sewer lines for the new. high school are nearly completed. The attorneys advised the Council the City's comparable worth plan must be submitted by December 31, 1991. Couri recommended each of the City's employees draft a job description by next week so that he and the clerk can review and revise them as necessary before the Council approves them. The Council must also establish a wage scale for each job. The Council reviewed the letter dated November 13, 1991; frohi the Internal Revenue Service denying abatement of penalties and interest on the delinquent taxes from 1988, 1989 and 1990. Clerk Linda Houghton explained that charges for having a inspector/observer from the Joint Powers engineering firm on -site at the Westwind Second Addition cost approximately $7,250 total. Although that cost is charged to the developer, the Council was upset by what appears to be an outrageous charge. The clerk was directed to write to the Joint Powers Board requesting a detailed and itemized bill explaining those costs. The City of Albertville's representatives to the Joint Powers Board will oppose these charges at the next Board meeting. Mayor Walsh reported to the Council that he will be recommending to the Joint Powers Board that the Board hire an ( qualified individual to operate the water system, rather than to continue to contract a maintenance service. Engineer Thore Meyer reviewed the letter dated November 4, 1991, from the City of St. Michael's engineer concerning the drainage problem from St. Michael into Albertville. Trore indicated that the solution proposed seems reasonable. The Council discussed setting a bid date for the sanitary sewer line to serve the new high school. Attorney Radzwi11 advised the Council not to set a bid date until the results from Malcolm Watson's appraisal of the property are received. The attorneys expect the results within the week. Vetsch made a motion to adopt the following resolution: BE IT RESOLVED, that the City Council of the City of Albertville will hold a second public hearing on the proposed trunk sewer improvement No. 1991-2 on December 10, 1991, at 7:00 PM at the Albertville City Hall. Potter seconded the motion. All voted aye. The engineer and the clerk were directed to send a letter to Albertville Industrial Development Corporation stating that it is the City's belief that a tile line through the Barthel Manor Second l Addition was damaged or destroyed when the development was graded and requesting that they repair the tile line or .reimburse the City for those repairs. Barthel made a motion to adjourn at 10:00 PM. Potter seconded the motion. All voted aye. James A. Walsh, Mayor Linda Houghton, Clerk CITY OF ALBERTVILLE REASSESSMENT HEARING SUNRISE COMMERCIAL PARK November 19, 1991 Albertville City Hall 7:30 PM PRESENT: Mayor Jim Walsh, Councilmen Mike Potter, Duane Berning, Donatus Vetsch, and Mark Barthel, City Attorneys Bill Radzwill and Mike Couri, City Engineer Thore Meyer, and City -Clerk Linda Houghton Mayor Walsh reconvened the reassessment hearing for Sunrise Commercial Park. In the audience for this public hearing were Andy Savitski, Wally O'Dell and John Darkenwald. Attorney Couri reviewed the amounts to be assessed with the Council after the deduction of $9,065.00 approved at the November 18, 1991, Council meeting. The total assessable costs for the project is $130,940.19. The new assessment to be certified to the County Auditor is 5116,191.63 to be collected oven an eleven (11) year period. Couri explained that the Attorney General's interpretation of the statutes is that the City may assess only the actual costs of the project, not the 105% figure earlier proposed. Couri recommended that the Council consider have call dates on all future bonds of five years because of the Attorney General's interpretation. Vetsch made a motion to adopt the RESOLUTION RATIFYING ACTIONS OF CITY CLERK IN REGARD TO MATTERS PERTAINING TO ASSESSMENT HEARING AND DETERMINING COSTS TO BE ASSESSED TO BENEFITED PROPERTY OWNERS. Barthel seconded the motion. All voted aye. Barthel made a motion to adopt the RESOLUTION ADOPTING ASSESSMENT (SUNRISE COMMERCIAL PARK). Potter seconded the motion. All voted aye. Potter made a motion to adjourn the reassessment hearing. Berning seconded the motion. All voted aye. Linda Houghton, Clerk CITY OF ALBERTVILLE ASSESSMENT HEARING WESTWIND SECOND ADDITION November 19, 1991 Albertville City Hall 7:30 PM PRESENT: Mayor Jim Walsh, Councilmen Mike Potter, Duane Berning, Donatus Vetsch and Mark Barthel, City Attorneys Bill Radzwill and Mike Couri, City Engineer Thore Meyer, City,Clprk Linda Houghton Mayor Walsh reconvened the assessment hearing for the Westwind Second Addition. In the audience for this assessment hearing were John Darkenwald and Wally O'Dell. Attorney Couri reviewed the estimated costs of to be assessed, including a $5,000 contingency charge. Bonding for the project will be $330,000. Bonds are in the process of being negotiated, but Couri anticipates an interest rate of 6.7%-6.90. He is also negotiating a call date for the bond. The Council discussed the charges for the inspector/observer from the Joint Powers Board. Mayor Walsh stated that it is his position that having a Joint Powers inspector/observer on site is unnecessary and he will bring that matter to the Joint Powers Board. If a change is made in the Joint Powers charges, the assessments will be re -certified for the project. John Darkenwald indicated that he would rather have a twelve (12) year assessment rather than the ten (10) year assessment proposed. Attorney Couri explained the assessments would incur more interest over a twelve year period than a ten year period, but if the developers wishes, a twelve year bond could be negotiated. Both Darkenwald and O'Dell agreed with having the assessment over a ten year period. Darkenwald and O'Dell also stated their objections to the charges incurred to the project by the inspector/observer from the Joint Powers Board. Barthel made a motion to adopt the RESOLUTION RATIFYING ACTIONS OF THE CITY CLERK IN REGARD TO MATTER PERTAINING TO ASSESSMENT HEARING AND DETERMINING COSTS TO BE ASSESSED TO BENEFITED PROPERTY OWNERS. Vetsch seconded the motion. All voted aye. Potter made a motion to adopt the RESOLUTION ADOPTING ASSESSMENT FOR WESTWIND SECOND ADDITION. Barthel seconded the motion. All voted aye. Potter made a motion to adjourn at 8:35 PM. Barthel seconded the motion. All voted aye. Linda Houghton, Clerk CITY OF ALBERTVILLE ASSESSMENT HEARING WESTWIND COMMERCIAL PROPERTY November 19, 1991 Albertville City Hall PRESENT: Mayor Jim Berning, Donatus Vetsch Radzwill and Mike Couri, Linda Houghton 8:40 PM Walsh, Councilmen Mike Potter, Duane and Mark Barthel, City Attorneys Bill City Engineer Thore Meyer, City Clerk Mayor Walsh reconvened the assessment hearing for the Westwind Second Addition. In the audience for this assessment hearing were John Darkenwald and Wally O'Dell. Attorney Couri reviewed the figures he proposes to be assessed to the Westwind Commercial property. Taking into consideration that the Attorney General's interpretation of state statute that only actual costs can be assessed, the revised proposed assessment to this property is $29,606.54. Wally O'Dell presented the Council with information he gathered from past Council meetings concerning how the project was to be paid. He contends that the cost were not to be paid by special assessment, but rather by SAC charges. Couri advised the Council that if these costs are assessed, it free SAC charges to go to sewer expansions. He indicated that the land should have been assessed when the lines were installed. Potter made a motion to appoint a committee consisting of Councilmen Vetsch and Berning and Clerk Linda Houghton to meet with the developers to resolve this questions and come to an agreement concerning the assessment on the Westwind Commercial property. Barthel seconded the motion. All voted aye. Potter made a motion to continue this public hearing to an open date to be agreed upon between the developers and the City Council. Barthel seconded the motion. All voted aye. Linda Houghton, Clerk CITY OF ALBERTVILLE TRUTH IN TAXATION HEARING November 21, 1991 Albertville City Hall 17:30 PM PRESENT: Mayor Jim Walsh, Councilmen Mike Potter, Duane Berning, Donatus Vetsch, and Mark Barthel, City Attorneys Mike Couri and Bill Radzwill, City Auditor Don Zierke, City Clerk Linda Houghton Mayor Walsh called the meeting to order. Copies of the proposed 1992 budget and budgets summaries were available for the audience to review. Mayor Walsh explained to the audience that the Council had spent many hours attempting to put together an realistic and accurate budget. The Council also explained the financial position of the City in the letter sent to all residents. Mayor Walsh then opened the meeting for questions from the audience. Steve Panuska questioned whether the levy for 1993 taxes would go down because there would be no IRS penalties and interest payments. The Council stated they could not guarantee lower levies for next year, because some of the levied funds are going to capital improvements that are necessary and have not been levied for in previous years. Mayor Walsh stated that this Council will pass a resolution that requires the funds levied for capital improvements can be spent only on that improvement, without action of the City Council. The audience was assured that the past taxes have been paid and current tax payments are being made regularly and on time. Carla Sullivan asked if the Council has considered a debt recovery plan. She questioned whether the legal and accounting firms had advised the Council about the problems and how to correct them. Attorney Radzwill said his office is still trying to decide if there was non-feasance or malfeasance by city employees, if the City had received inaccurate advice, or if good advice was just not followed. Radzwill also added that the City Council is continuing to look into the economic feasibility of attempting to recover funds through its Errors and Omissions insurance. Radzwill stressed that investigations have shown that no city money is missing and none of the City's funds were used for non -city expenses. Tom Shepherd commended the Council on the steps they have already taken to correct the problems. He and Tim Philips questioned who was responsible for the loss of income from the failure to invest the City's monies. Mayor Walsh said the Council itself is ultimately responsible for spending and investing the City's funds. Sue Tohal asked how long the present Council had been in control. Mayor Walsh introduced each of the Councilmen and the date of their election/appointment to the Council. Ken Weber asked Councilman Vetsch how all the problems addressed in the letter to the City residents were addressed at the time of occurrence. In answer, Mayor Walsh stated there may have been information that the Council wad not made aware of. Steve Panuska asked for clarification of HACA and Disparity Reduction Aid. Tom Shepherd questioned how secure these' amounts from the state were. Radzwill assured the audience the amounts listed on the revenue side of the budget were accurate and the City could count on receiving those amounts. Mary Ann Andrea questioned if accurate records of the meetings are being kept at this time. She also questioned whether the Council was sure that in the future all management letters are received by the Council members. The Council assured the audience that internal controls are now in place in the accounting process, accurate, up-to-date reports are being presented to the Council, and the Council will be passing a resolution that capital improvement levies can only be spent for specified improvements. Bridget Berning made the comment that there should have been a system of cross checking in the previous administration. Dave Vetsch pointed out that he feels the City Council hired a person that they thought capable but it didn't happen that way. Tom Shepherd questioned if the Council felt that the capital outlays budgeted for the fire department were enough to provide continuous, adequate fire protection for the City. Bertha Paulson questioned if interest on the penalties due to the IRS are still accruing. Don Zierke explained that although the penalties are no longer accruing, interest on them is still accruing. When questioned whether extensions were filed on the delinquent payroll taxes, Zierke explained that there are no extensions that could be filed. Rick Wacker questioned what wages for City employees have been set. Mayor Walsh said that wages for 1992 have not officially been set, but an increase of 3.5% and about 7% have been pro[posed for the maintenance department. = Vetsch made a motion to adopt RESOLUTION ADOPTING THE FINAL ALBERTVILLE 1991 TAX LEVY, COLLECTIBLE IN 1992. Barthel seconded the motion. All voted aye. Barthel made a motion to adopt RESOLUTION ADOPTING THE FINAL ALBERTVILLE BUDGET FOR 1992. Potter seconded the motion. All voted aye. Ron Becker questioned how much he could expect his property taxes would increase. Couri answered that the best guess is that his taxes would be 20-24% higher than.last year. Barthel made a motion to adjourn at 10:15 PM. Vetsch seconded the motion. All voted aye. James A. Walsh, Mayor Linda Houghton, Clerk PLANNING & ZONING COMMISSION November 26, 1991 Albertville City Hall 7.:30 PM COMMISSION MEMBERS PRESENT: Donatus Vetsch, LeRoy Berning, Tom Haller Chairman Haller called the meeting to order. ` Berning made a motion to approve the agenda as presented. Vetsch seconded the motion. All voted aye. Berning requested that the minutes of the October 8, 1991 meeting be amended to read that: Berning agreed to have the non - operative satellites removed from the roof of the building if he is allowed to add the signs for each of the tenants. Vetsch made a motion to approve the amended minutes. Berning seconded the motion. All voted aye. Vetsch made a motion to approve the minutes of the November 12, 1991 as presented. Berning seconded the motion. All voted aye. Bernard and Clem Marx were present and submitted a topographical survey showing proposed excavation on the Marx agricultural property. Bernard feels that the proposed excavation will enhance the property for farming but also plans to develop the property for possible residential use in the future. Bernard feels that the proposed excavation will not affect drainage and will eventually drain into the City storm sewer. Vetsch questioned the location of declared wetland and Marx intent with regard to same. Bernard stated that he has a permit from the DNR to fill one acre of the wetland. Berning made a motion to request that the Council grant approval of an agricultural excavating permit to Mr. Marx as per topographical survey and proposed grading site plan submitted to the Commission as of this date. The motion was seconded by Vetsch. All voted aye. A motion was made by Berning and seconded by Haller to request the Council to amend Zoning Ordinance No. 1000.4 regarding the maximum size of garages and outbuildings as follows: Section 3: Change maximum size from 700 square feet to 900 square feet. All other verbiage to remain as is currently written. Section 5: Change maximum size from 700 square feet to 900 square feet. All other verbiage to remain as is currently written. All voted aye. The letters to Ralph Ackerman regarding Sunshine Kennels were reviewed and the question was raised as to how this situation ever came into being. Haller feels that since no one on the Commission is an expert with regard to the Zoning Ordinances that perhaps Kevin Mealhouse should be consulted from the outset of these types of situations. A motion was made by Haller and seconded by Berning to request the Council to have Kevin Mealhouse review all possible non -conforming uses and to include his input in Commission packets. They also request that Kevin Mealhouse be present at Plannir)g, & Zoning Meetings as needed. All voted aye. It was mentioned that Commissioner Mark Daleiden has recently sold his house and will be moving from Albertville. The Commission feels that Commissioner Daleiden should submit his written resignation prior to the next meeting and that the vacant position should be filled prior to January 1, 1992. The Commission decided to change their meeting time from 7:30 PM to 7:00 PM. Vetsch made a motion to adjourn the meeting at 9:30 PM. Berning seconded the motion. All voted aye. Ann Bednarczyk, Secretary 1000.4. Accessory Buildings, Uses and Equipment. (a) Farm operations are exempt from the requirements of this Subsection. (b) Single family detached uses: (1) No accessory use, building, structure or equipment shall be allowed within a required front yard. With the exception of a garage, no accessory building, structure, use or equipment may be placed within a front yard. (2) No accessory building, structure, and/or detached garage for a single family dwelling shall occupy more than twenty-five (25) percent of the area of the rear yard. (3) The total floor area of either an attached garage or a detached garage for a single family detached dwelling shall not exceed seven hundred .(.Z.QO ) square feet of floor area and not exceed the ground coverage of the dwelling, except by conditional use. (4) No building permit shall be issued for more than one (1) detached or attached private garage for each single family dwelling, except by conditional use permit. (5) No accessory detached building for a single family dwelling shall occupy more than one hundred fifty (150) square feet when accompanied by an attached garage on the same lot nor shall the combined total floor area of an accessory detached building and/or attached garage exceed seven hundred (73A-G-) square feet except as each standard may be modified --by conditional use permit. A further exception to the aforementioned standard shall be the acceptable construction of an attached accessory structure which will accommodate the parking of three allowable sized vehicles provided that the area of such a three vehicle garage does not exceed nine hundred (900) square feet. (6) No building permit shall be issued for the construction of an accessory building for a single family dwelling when an existing detached garage is located on the same lot, except by conditional use permit. Amended Ordinance No. 1989 52 CITY OF ALBERTVILLE BILLS TO BE PAID DECEMBER 2, 1991 CK # ------------------------------------------------------------------- ------------------------------------------------------------------- VENDOR REASON AMOUNT 5675 BIZMART Gen. Ofc. Supplies 227.15 5676 Fehn Gravel Snow Plowing-57th St 40.00 -Westwind 112.50 152.50 5677 Feed -Rite Testing - Sewer 99.50 5678 Hack:enmuellers Sts. - Gas 227.01 C.N. - Gen. Sup. 40.37 267.38 5679 Eugene Valerius Mileage -Fire Dept. 19.32 5680 Monticello Animal Boarding 222.00 5681 NSP Nov. '91 Service 2,023.18 5682 P.E.R.A. Life Ins - A. Bednarczyk 12.00 5683 United Telephone Telephone Service 209.65 5684 Welter's Inc. Repairs to equipment 24.32 5685 Wright County Sheriff, Sept. & Oct. 4,288.74 5686 Linda Houghton Pay period ending 12/1 642.47 5687 Ann Bednarczyk Pay period ending 12/1 476.97 5688 Ken Lindsay Pay period ending 12/1 751.00 5689 Mike Rutkowski Pay period ending 12/1 626.14 5690 Tim Barthel Snow Plowing 11/23 25.86 5691 Security State Bank Fed. Tax Deposit 1,075.18 5692 P.E.R.A. Pay period ending 12/1 309.60 5693 Radzwill Law Ofc. Prof. Services 11,318.25 5694 Radzwill Law Ofc, Confidential Srvcs. 1,725.00 5695 Redstone Const. 1991-1 Partial Pymt. #2 107,611.51 5696 Mark: Barthel Nov. Council Mtgs. 124.67 5697 James Walsh Nov. Council Mtvs. 5698 Donatus Vetsch Nov. Council Mtgs. 5699 Duane Berning Nov. Council Mtgs. 5700 Mike Potter Nov. Council Mtgs. 5701 MN W.W. Op. Assoc. Dues - 2 years 5702 Tim Barthel 11 Hrs. Snow Plowina 5703 MN Dept of Revenue State W/H Tax 5704 Minnegasco Fire Hall 5705 LaPlant Sanitation Refuse Disposal 5706 Gordy's Repair F.D.-Generator Repair 249.35 156.99 124.67 138.53 18.50 81.27 726.00 406.30 58.04 52.33 TOTAL $134,244.37 CITY OF ALBERTVILLE FINANCIAL STATEMENT November 14 - November 27, 1991 Beginning Cash Balance November 14, 1991 INCOME (November 14 - November 27) Sewer Receipts 413.44 Special Assessments 30,267.01 Storm Water Receipts 111.10 Title Searches 10.00 TOTAL INCOME Transferred from Sewer Construction EXPENSES (November 15 - November 27) Check Vs 5639 - 5674 196,563.12 (Approved 11/18/91) TOTAL EXPENSES Ending Cash Balance November 27, 1991 INVESTMENTS: 30,801.55 176,942.09 196,563.12 CD #150231 (GF) - matures 12/12/91 @ 5.90% CD #8287-Sewer - matures 4/10/92 @ 7.00% CD #8290 (GF) - matures 4/10/92 @ 7.00% CD #7640 (Lions) - matures 4/17/92 @ 5.75% CD #8288 Sewer - matures 10/9/92 @ 6.0o CD #8286-Sewer - matures 10/10/92 @ 7.25% CD #8289 (GF) - matures 10/10/92 @ 7.25% TOTAL INVESTMENTS $177,134.41 $1.8.8, 314__93 99,454.52 250,000.00 250,000.00 39,407.33 309,872.88 518,125.00 518,125.00 $1,984,984.73 FOLLOW-UP SHEET November 18, 1991 LINDA - Close Sewer Construction account and transfer monies to the City's regular checking account. ACTION: Sewer account was closed on 11/19/91 and $176,942.09 was transferred into the regular checking account. BILL - Draft various options for Vacation carryover as specified in the Personnel Policy for the Council to consider at the next regular meeting. EMPLOYEES - Draft job descriptions for his/her position for the Council to consider. ACTION: Drafts are enclosed in Council packet. LINDA: Establish and maintain personnel files on each City employee. ACTION: Files have been established. LINDA: Answer complaint from Gary Herbert about sod being displaced. ACTION: Letter was sent 11/20/91 (enclosed in Council packets). LINDA: Contact Supt. DeMatteis about being on the agenda for the December 2, 1991, school board meeting. ACTION: I contacted Mr. DeMatteis on 11/20/91 and asked to be scheduled on the agenda. I sent a follow- up letter, dated 11/22/91, confirming the agenda and enclosed a signed copy of the signed resolution for the agenda packet. LINDA: Send letter to Joint Powers requesting an itemized bill for the inspection/observer services for the Westwind Second Addition project. ACTION: Letter was sent 11/20/91. ,•� LINDA - Draft letter to the developers of Barthel Manor Second THORE Addition asking them to repair or reimburse the City for the costs of repairing the tile line on Ron Becker's property.