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1995-01-03 CC Agenda/PacketALBERTVILLE CITY COUNCIL AGENDA January 3, 1995 I. OATH OF OFFICE FOR NEW MEMBERS II. CALL MEETING TO ORDER III. APPROVAL OF THE AGENDA IV. APPROVAL OF CONSENT AGENDA ITEMS V. FOLLOW-UP SHEET * December 19, 1994 V. APPROVAL OF THE MINUTES * December 19, 1994 - Regular Meeting VI_ CITIZEN FORUM - 10 Minute Limit VII. DEPARTMENT BUSINESS A. PLANNING & ZONING Recommendation to deny rezoning request from Lumber One Cold Spring to rezone property from R-3 to R-4 as per minutes of December 27, 1994, minutes Recommendation to deny variance request from Lumber One Cold Spring for a 50' street right of way for proposed Meadow View plat as per minutes of December 27, 1994, minutes B. ENGINEERING - Map fo wetland area (I-94 area) C. LEGAL - Project Updates D. ADMINISTRATION * Financial Statement (December 15 - December 28) * Approve bills (Check #"s 9033-9054 & P1208-P1213) * Resolution #1995-1 entitled A RESOLUTION MAKING APPOINTMNETS TO CERTAIN OFFICES AND POSITIONS WITHIN THE CITY OF ALBERTVILLE FOR THE YEAR 1995 * Approve appointment of Pete Scherer to Albertville EDA - Consider amending Otsego Creek Agreement to allow each Council to appoint members not, on City Councils or Planning Commissions - Discuss letter from Joint Powers Board re: drainage problems VIII. OTHER BUSINESS I%. ADJOURN January 9, 1995 .January 10, 1995 Janaury 17, 1995 .January 19, 1995 Albertville EDA Planning Commission Regular Meeting Regular City Council Meeting Park Board 7.30 PM 7:30 PM 7:30 PM 7:30 PM ALBERTVILLE CITY COUNCIL January,X, 1995 Albertville City Hall 7:30 PM PRESENT: Councilmembers Sharon Anderson, Curt Muyres, Duane Berning, and John Vetsch, City Clerk Linda Houghton, City Engineer Pete Carlson, City Administrator Garrison Hale Acting Mayor Berning called the regular meeting of the Albertville City Council to order. Berning welcomed new Councilmember Curt Muyres and new City Administrator Garrison Hale and expressed a thank you to retiring Councilmember Albert Barthel. The agenda was amended as follows under Administration: (1) Remove consideration of the appointment of Pete Scherer to the AEDA (2) Add discussion of setting a public hearing to consider increasing the number of members on the EDA Anderson made a motion to approve the agenda as amended. Vetsch seconded the motion. Councilmember Vetsch stated that the City should have an R- 1 zone and suggested that Hale and the planner meet to discuss how to establish such a zone through an amendment to the City's comp plan. Vetsch made a motion to approve the Follow -Up Sheet from the December 19, 1994, meeting as presented. Muyres seconded the motion. All voted aye. The minutes of the December 19, 1994, minutes were amended on Page 5, Paragraph 5 to include the following: "Councilmember Vetsch asked if Swanson had petitioned to have his property detached from the City of Otsego and attached to the City of Albertville. Swanson stated he has not petitioned for the detachment." Vetsch made a motion to approve the minutes as amended. Muyres seconded the motion. All voted aye. No one from the audience asked to address the Council under Community Forum. The Council reviewed the minutes of the Planning Commission's December 27, 1994, meeting and the recommendation to deny the rezoning request and the variance request from Lumber One Cold Spring, Inc. Acting Mayor Berning pointed out that the city planner indicated that the site is overdeveloped as proposed, only five units per acre can be constructed under the Zoning ordinance, and only 30% of the acreage can be impervious surface. Based on the recommendation of the Planning Commission, Anderson made a motion to deny the request from Lumber. one Cold Spring to rezone the property proposed to be developed as Meadow ALBERTVILLE CITY COUNCIL January 3, 1995 Page 2 of 3 View from the current R-3 zone to an R-4 zone. Vetsch seconded the motion. All voted aye. Based on the recommendation of the Planning Commission, Anderson made a motion to deny the variance request from Lumber One Cold Spring for a 50' street right-of-way in the development proposed as Meadow View. Muyres seconded the motion. All voted aye. City Engineer Pete Carlson presented a delineation map of the area north of I-94. According to the map, a ramp on the northeast quadrant would have the least impact on the wetland area. However, a ramp here would also be the most expensive to construct, due to the extensive retaining wall that would have to be constructed. Carlson further explained that a folded diamond design located on the northwest quadrant would have the most impact on the wetland areas. Carlson presented the Council with the concept construction cost estimates. Rough estimates for each option are as follows: NE Ramp $891,400 NW Ramp/Loop $625,200 SE Ramp $739,800 Carlson also pointed out that these figures do not include land acquisition cost. Without a cooperative effort with MNDOT and/or Wright County, the City probably cannot afford to construct the ramp. Acting Mayor Berning directed Carlson to meet with the City Administrator and the City Planner to discuss establishment of an Urban Service Area and truck line access fees. City Attorney Mike Couri did not attend the meeting. Vetsch made a motion to approve the Financial Statement for the period December 15 - December 28 as presented. Muyres seconded the motion. All voted aye. Vetsch made a motion to approve payment of Check #'s 9033- 9054 and P1208-1213, as presented. Muyres seconded the motion. All voted aye. The Council amended the appointed list submitted by Mayor Mike Potter as Resolution #1995-1 as follows: WEED INSPECTOR: Mike Potter FIRE RELIEF ASSOCIATION REPRESENTATIVES: Mike Potter Linduou ht FIRE DEPARTMENT REPRESENTATIVE: Garrison Hale g on ZONING ADMINISTRATOR: Garrison Hale DEPUTY ZONING ADMINISTRATOR: Linda Houghton ALBERTVILLE CITY COUNCIL January 3, 1995 Page 3 of 3 Vetsch made a motion to adopt RESOLUTION #.1995-1 entitled A RESOLUTION MAKING APPOINTMENTS TO CERTAIN OFFICES AND POSITIONS WITH THE CITY OF ALBERTVILLE FOR THE YEAR 1995, as amended. Muyres seconded the motion. All voted aye. Anderson made a motion to approve an amendment to Section 3 of the Otsego Creek_ Agreement pertaining to membership, as recommended by the Otsego Creek Authority. Members appointed by the Council shall not be required to be a member of either the City Council or the Planning Commission. Muyres seconded the motion. All voted aye. The Council considered the letter regarding drainage problems at the Joint Powers Board office. Since the problem was not identified, the Council directed Pete to go out to check the area to determine if there is a problem. Linda explained that state statutes require that the Council conduct a public hearing before increasing membership on the Economic Development Authority, contrary to the Enabling Resolution passed by the Council. As of this point, there are five permanent members on the EDA. Because of the possibility that a quorum of the members would not be in attendance at the January 9th meeting, the Council discussed appointing Doug Bleess as an alternate member until a public hearing could be held to increase permanent membership to seven. Anderson made a motion to approve a resolution scheduling a public hearing to consider increasing the membership of the EDA from five to seven members for 7:15 PM on Monday, February 6, 1995. Muyres seconded the motion. All voted aye. Vetsch made a motion to adjourn the motion. All voted aye. at 8:40 PM. Anderson seconded Duane Berning, cting Mayor Linda Houghton, C�rk ALBERTVILLE CITY COUNCIL CONSENT AGENDA ITEMS December 19, 1994 III. APPROVAL OF CONSENT AGENDA * Financial Statement (December 15 - December 28) * Approve bills (Check #'s 9033-9054 & P1208-P1213) * Resolution #1995-1 entitled A RESOLUTION MAKING APPOINTMNETS TO CERTAIN OFFICES AND POSITIONS WITHIN THE CITY OF ALBERTVILLE FOR THE YEAR 1995 * Approve appointment of Pete Scherer to Albertville EDA CITY OF ALBERTVILLE FOLLOW UP SHEET December 5, 1994 DATE ACTION TO BE TAKEN PERSON 9/6 Prepare a list of non -essential City equipment Staff to be sold by means of sealed bids 11/21 Meet with Ron Becker re: drainage on 50th St. Potter/ Pete 11/21 Contact Kenco Construction re: payment of bill Linda for drainage from manholes into sanitary sewer system 12/5 Contact Kenco re: leveling an additional 3000 Linda yards of fill to Westwind Park 12/19 12 / 2 0 Meet with Sylvester Kolles re: 61st Street Norm cbrtne. 12/19 12/20 Check Parkside Developer's signs Agreement re: street Linda 12/19 12/21 Contact Mike Rutkowski re: Medical Reports Linda 12/19 12/22 Contact Thore Meyer re: 50th St. Engineering Payment Mik e Couri ALBERTVILLE CITY COUNCIL December 19, 1994 Albertville City Hall 7:30 PM PRESENT: Mayor Mike Potter (8:05 pm), Councilmembers Sharon Anderson, Albert Barthel, Duane Berning, and John Vetsch, City Clerk Linda Houghton, City Engineer Pete Carlson, City Attorney Mike Couri Acting Mayor Berning called the regular meeting of the Albertville City Council to order. The agenda was amended as follows under Administration: (1) Resolution #1994-30 (A RESOLUTION AMENDING SECTION 111(A) OF RESOLUTION #1994-7 ENTITLED A RESOLUTION ESTABLISHING= AN ECONOMIC DEVELOPMENT AUTHORITY FOR THE CITY OF ALBERTVILLE, MINNESOTA (2) Resolution #1994-31 (A RESOLUTION ESTABLISHING A DEFERRED COMPENSATION PLAN FOR THE CITY OF ALBERTVILLE Barthel made a motion to approve the agenda as amended. Anderson_ seconded the motion. All voted aye. Check #9019 to Rice Lake Contracting for final payment on. the 1992-11A Wastewater Treatment Expansion was removed from the consent aaenda. Councilmember Vetsch asked to be on record as stating that he feels there could have been more cuts in the 1995 final budget, but he will not vote against adoption of Resolution #'s 1994-28 and 1994-29. Anderson made a motion to approve the Follow Up Sheet iron the December 5, 1994, meeting as presented. Barthel seconded the motion. All voted aye. Anderson made a motion to approve the minutes of the December 5, 1994, regular meeting as presented. Barthel seconded the motion. All voted aye. Anderson made a motion to approve the minutes of the December 7, 1994, Truth in Taxation Hearing as presented. Barthel seconded the motion. All voted aye. Sylvester Kolles addressed the Council regarding the barricades that have been installed at the dead end of 61st Street in the Parkside Addition. When the City plows the street up to the barricades, snow drifts over his driveway. He would like the barricades removed from the street.. The Council and the project engineer both stated that the barricades are placed to prevent traffic from leaving the street and travelling onto private property. Project Engineer Norm Gartner will meet with Kolles to discuss if the addition of a snow fence or an alternative method of plowing can alleviate Kolles' problem. ALBERTVILLE CITY COUNCIL December 19, 1994 Page 2 of 6 Aaron Morrison also addressed the Coiincil about the speed of the construction traffic on Kahler Drive in the Parkside Addition. Norm will talk to the developer regarding the complaint. Linda will check the Developer's Agreement for the Parkside Addition regarding street sign placement. Fire Chief Dave Vetsch addressed the Council and requested the Council consider increasing the annual Fire Relief Association's fee from the current $350 per year of service to $450 per year of service, effective January 1, 1995. He presented a letter from the Fire Relief Association's auditor showing that the City's contribution to the Relief Association in 1995 would be $7,700. The City has budgeted $5,000. The Fire Department will amend their portion of the budget to absorb the difference and not make a net increase in the budget. Vetsch made a motion to increase the annual rate of the Fire Relief Association from $350 per year of service to $450 per year of service effective January 1, 1995. Barthel seconded the motion. Anderson, Barthel and Vetsch voted aye. Berning abstained. The motion carried. Project Engineer Norm Gartner reviewed the One-year Performance Certification for the 1992-11A improvement Project (wastewater treatment expansion` with the Council. Gartner and Operator Ken Lindsay both explained that the entire plant is operating efficiently and as planned. The plant meets all a the a have been treatment limits and �ii2 operation .aiiu maintenance costs have on budget or below budget. Gartner recommended the Council approve the Certification and direct him to submit the Certification to the MPCA. Barthel made a motion to approve the One Year Certification for 1992-11A Improvement Project as presented. Anderson seconded the motion. All voted aye. Gartner also explained that Rice Lake Contracting has satisfactorily completed its obligations for construction. However, there remain two items on the punch list to be completed- -a plastic tubing to the alum storage is cracked and must be replaced, and a defective heater blanket in the generator was discovered recently. Norm will notify the contractor to take care of these two items. Gartner recommended that the Council authorize final payment to Rice Lake Contracting (Check #9019 in the amount of $10,042.50) contingent upon the operator indicating the punch list items are complete. The City will continue to hold a $10,000 retainer on the project. ALBERTVILLE CITY COUNCIL December 19, 1994 Page 3 of 6 Anderson made a motion to approve payment of Check #9019 to Rice Lake Contracting, contingent upon the punch list items being completed. Berning seconded the motion. All voted aye. Mayor Potter arrived at the meeting and conducted the remainder of the meeting. City Engineer Pete Carlson stated that the delineation of the area around County Road 19 and I-94 has been done but the actual mapping has not been completed. He should have the map for the Council by the next meeting. The Council reviewed the minutes of the Planning Commission's December 13, 1994, public hearing and the recommendation to give conceptual approval of outside storage at the maintenance/ office building proposed for the Ackerman_ property. Conceptual approval of outside storage for the site does not guarantee that the Council_ will give approval of a Cond_`i�-ral Us- Permit. What the Omanns are seeking is an indication that r.he Council will consider in "good fa_th" the option (�f the Conditional Use Permit, provided that. City staff review and approve all drainage, site and landscaping and screening plans. The Council concurred with the Planning Commission that, upon submission of all complete plans and staff approval of the same, they will consider issuance of a Conditional Use Permit to allow for outside storage at the site. City Attorney Couri advised the Council that the City's Personnel Policy is unclear about the length of time an employee miaY be on unpaid medical leave. The policy gives the Council the right to require that an employee on medical leave be examined by a doctor of the City's choice at City expense. Linda was directed to contact Mike Rutkowski to see if he will release his medical records regarding his back injury to the City. She will also contact Medformation to locate a doctor who specializes in back injuries to get an estimate of the cost of the examination. Couri addressed the contents of his December 13, 1994, letter to Mayor Potter regarding a potential conflict of interest. Mayor Potter represents one party in the sale of property to a developer who may request City considerations for the development. Up until this point, Potter has abstained from voting on any issue that involved the potential development. Couri recommends that, upon the execution of a purchase or ootion agreement, Potter refrain from any discussion Tqh',-h pertains to th� !-velnpmen*- to aun"i the appearance of "onfli~t of interest. Anderson ma6e a motion to approve the Financial Statement for the period December 1 - December 14 as presented. Barthel seconded the motion. All voted aye. ALBERTVILLE CITY COUNCIL December 19, 1994 Page 4 of 6 Anderson made a motion to approve payment of Check #'s 8994- 9018 and Check #'s 9020-9028 as presented. Barthel seconded the motion. All voted aye. Anderson made a motion to adopt RESOLUTION #1994-22 entitled A RESOLUTION ADOPTING ON -SALE LICENSE FEES IN THE CITY OF ALBERTVILLE. Barthel seconded the motion. All voted aye. Anderson made a motion to adopt RESOLUTION #1994-23 entitled A RESOLUTION ADOPTING CIGARETTE LICENSE FEES IN THE CITY OF ALBERTVILLE. Barthel seconded the motion. All voted aye. Anderson made a motion to adopt RESOLUTION #1994-24 entitled A RESOLUTION ADOPTING AMUSEMENT LICENSES FEES IN THE CITY OF ALBERTVILLE. Barthel seconded the motion. All voted aye. Anderson made a motion to adopt RESOLUTION #1994-25 entitled A RESOLUTION ADOPTING SIGN PERMIT FEES IN THE CITY OF ALBERTVILLE. Barthel seconded the motion. All voted aye. Anderson made a motion to adopt RESOLUTION #1994-26 entitled A RESOLUTION ADOPTING PARR RENTAL FEES IN THE CITY OF ALBERTVILLE. Barthel seconded the motion. All voted aye. Anderson made a motion to adopt RESOLUTION #1994-27 entitled A RESOLUTION ADOPTING THE STORM WATER CONNECTION FEES FOR NEW CONSTRUCTION IN THE CITY OF ALBERTVILLE. Barthel seconded the motion. All voted aye. Anderson made a motion to adopt RESOLUTION #1994-28 entitled A RESOLUTION ADOPTING THE FINAL ALBERTVILLE BUDGET FOR 1995. Barthel seconded the motion. All voted aye. Anderson made a motion to adopt RESOLUTION #1994-29 entitled A RESOLUTION ADOPTING THE FINAL ALBERTVILLE 1994 TAX LEVY, COLLECTIBLE IN 1995. Barthel seconded the motion. All voted aye. Anderson made a motion to adopt RESOLUTION #1994-30 entitled A RESOLUTION AMENDING SECTION III{A} OF RESOLUTION #1994-7 ENTITLED A RESOLUTION ESTABLISHING AN ECONOMIC DEVELOPMENT AUTHORITY FOR THE CITY OF ALBERTVILLE, MINNESOTA. Barthel seconded the motion. All voted aye. Anderson made a motion to adopt RESOLUTION #1994-31 entitled A RESOLUTION ESTABLISHING A DEFERRED COMPENSATION PLAN FOR THE CITY OF ALBERTVILLE. Barthel seconded the motion. All voted aye. Anderson made a motion to approve the Non -Intoxicating Liquor License for the St. Michael Jaycees at the ISOC 200 Snowmobile Race at School Lake on January 6, 1995, from 5:00 PM to midnight, on ALBERTVILLE CITY COUNCIL December 19, 1994 Page 5 of 6 January 7, 1995, from 11:00 AM to midnight, and on January 8, 1995, from noon to midnight. Barthel seconded the motion. All voted aye. Anderson made a motion to approve 1995 Cigarette Licenses for the following: Albertville Bar, Don's Auto Service, Pat's 66, the 152 Club, and Hackenmueller's. Barthel seconded the motion. All voted aye. Anderson made a motion to approve the 1995 Amusement Licenses for three machines for the 152 Club and for 4 machines for Albertville Bar. Barthel seconded the motion. All voted aye. The Council discussed the payment request from Thore Meyer for payment of the final engineering fees for the 50th Street Project in the amount of $8,721.52 as billed on August 26, 1994. The Council at the SEptember meeting denied payment of the claim at the September 6, 1994, meeting. Attorney Couri explained that if the Council believe it should not pay the entire bill, they need to prepare a list of which items they will not pay and the reason why. If the cost of the solution exceeds the total bill presented, the Council may opt to notify Meyer-Rohlin that payment is being withheld for that reason. The Council should consider what extra costs the City absorbed or will absorb in correcting the drainage. If the Council feels the engineering was deficient_, those deficiencies sho,zld be itemized and presented to Mever-Rohlin. This would require a review of the engineering design, probably by another professional engineer. The Council directed Couri to contact Meyer-Rohlin, inc. regarding the decision not be pay the claim based on the extra costs the City will experience to correct the drainage. Harold Swanson presented a petition requesting the extension of sanitary sewer and water to the properties north of the freeway. A portion of the property Swanson hopes to develop lies with the corporate limits of Otsego. The Council authorized a feasibility study on the extension of water and sewer last year and the study was presented on September 10, 1993. Pete recommended the Council wait to update that feasibility study until the attachment/detachment question with the City of Otsego is settled. If property is added to the current corporate limits, that property must also be serviced. The first step for the City is to establish a Urban Service Area. This determines the maximum area the City can service and that information is used to determine size of pipes and the depth necessary to service the entire area. The Council directed Pete to continue working on the truck access charges to be adopted. The Council agreed to table further consideration of the petition until the Municipal Board resolves the attachment/detachment issue. ALBERTVILLE CITY COUNCIL December 19, 1994 Page 6 of 6 Potter made a motion to accept the resignation of Park Board member Dale Langsdorf. Berning seconded the motion. All voted aye. Linda was directed to place a notice in the official newspaper of two vacancies on the Park Board and to contact Park Board Member Kevin McIntosh regarding his intentions to remain on the Board. Anderson made a motion to adjourn at 10:38 PM. Berning seconded the motion. All voted aye. Michael Potter, Mayor Linda Houghton, City Clerk PLANNING & ZONING COMMISSION December 27, 1994 Albertville City Hall 7:30 PM PRESENT: Commission Members Sharon Anderson, Nelson Bonner, Donatus Vetsch and Howard Larson, City Clerk Linda Houghton, City Planner Liz Stockman, City Engineer Peter Carlson Vice Chairman Anderson called the meeting to order. Larson requested an addition to the agenda to discuss school district boundaries. Larson made a motion to approve the agenda as amended. Vetsch seconded the motion. All voted aye. The minutes of the December 13, 1994, minutes were amended on Page 2, Paragraph 5, Sentence 4 to read as follows: "However, during periods of inclement weather, the trucks may return loaded with either sand, gravel or blacktopping materials, which will be stored inside". Larson made a motion to approve the minutes of the December 13,1994, meeting as amended. Bonner seconded the motion. All voted aye. Anderson called the first public hearing to order. The purpose of the public hearing is to consider a request from Lumber One Cold Spring, Inc. to rezone the following described property from R-3 (Single Family/Two Family) to R-4 (Twin home, Townhouses, Quadraminium, Low Density: That part of the North 5 rods of the East Half of the Southwest Quarter of Section 1, Township 120, Range 24 lying westerly of the following described line. Commencing at the northeast corner of the Southwest Quarter of said Section 1; thence westerly along the north line of the Southwest Quarter (assumed bearing of North 88 degrees 51' 32" West) a distance of 366.00 feet to the centerline of Lander Avenue Northeast and to the point of beginning of the line to be described. Thence southerly along the centerline of Lander Avenue Northeast on a n on -tangential curve concave to the East having a central angle of 4 degrees 27' 41", a radius of 1060.54 feet, a chord bearing of South 01 degree 05' 24" East and a chord distance of 82.56 feet to the south line of the North 5 rods of the East Half of the Southwest Quarter of Section 1, Township 120, Range 24, and there terminating. Beginning five rods south of the Northeast corner of the Southwest Quarter of Section 1, Township 120, Range 24. thence running south on the north and south quarter line of said Section, Township, and Range, eleven rods; thence west, parallel with the east and west quarter line of said PLANNING COMMISSION December 27, 1994 Page 2 of 5 Section, eighty rods; thence north eleven rods; thence east eighty rods to the point of beginning, all in Section 1, Township 120, Range 24, less and except therefrom the platted property known as MLDCO First Addition on file and of record in the office of the Wright County Recorder. City Planner Liz Stockman explained that the property is a 5.84 acre tract. The request the Commission is acting upon is to rezone the property to an R-4 designation with a PUD (Planned Unit Development) overlay to give more flexibility to the plat, given its narrow width. It is Liz's opinion that the proposal presented is an "overdevelopment" of the site. She further explained the C,ity's Comp Plan describes low density residential as five units per acre of less. The proposal presented exceeds this requirement by three units. The City's R-3 zone requires that a maximum of 30% of the property can be of impervious surface material. The R-4 zone allows a maximum 40% impervious surface. . The proposal presented shows 52% impervious surface. The proposal presented shows two outlots, now used as the required open space, but which would eventually be developed when/if the land to the north can be purchased. The developer has the first option to purchase that land. Liz stated that reliance on the land north of the plat is not acceptable and she feels the development is premature at this time. Liz further explained that a variance from the required street width is also being requested. The variance request is due to the narrow width of the property. Liz made the following recommendations: (1) The number of units should be reduced. (2) Lot areas should be increased. (3) The impervious surface requirement should be met. Engineer Norm Gartner, representing Tim Backer of Lumber One Cold Spring, Inc., reviewed the proposed plat with the Commission and the audience in attendance. Norm explained each proposed unit is a minimum of 1300+ square feet in size, two bedroom with a separate den, or a three bedroom dwelling with an attached two car garage. The interiors of the units have top quality oak woodwork and cabinets and the exteriors are maintenance free. An association would be formed to provide for all maintenance and repairs. Each unit would sell for around $110,000. The development will be marketed toward seniors, handicapped individual and empty nesters. Gartner stated that this is "no low income PLANNING COMMISSION December 27, 1994 Page 3 of 5 development". Gartner presented pictures of the interiors and exteriors of a similar development done by Lumber One in cold Spring. Tim Phillips stated he is concerned that property in the abutting single family development would decrease in value with the addition of the higher density proposal. He questioned whether Property values had decreased around the development in Cold Springs. Tim Backes stated that adjoining properties in Cold Spring had increased in value. Dan Robertus and Bill Odegard both expressed the opinion that one consideration in moving to Albertville was that they did not wish to live in a high density neighborhood. Connie Anderson expressed concerns about additional traffic along Lander Avenue. Carla Sullivan questioned why the developer was requesting an R-$ zoning when the proposal could fit into the current R-3 zone. Since the R-3 zone allows for singe and two family housing already, rezoning gives the developer the potential of building units of more than two family at some point. Norm Gartner pointed out that the City could make the requirement in the Developer's Agreement that only one or two family units be constructed. The Developer's Agreement would bind not only Lumber One but any other developer to which the property may be sold in the future. Carolyn Bauer is concerned about a "hodge-podge" effect of singe and double family homes. She feels the Comp Plan was not prepared with that type of development of the City in mind. Dan Robertus is concerned services with a higher density burden on the school district. Anderson with a petition signed rezoning to a R-4 district. with the burden placed on City development and the additional Robertus presented Vice Chairman by area residents opposed to the Roger Walsh, Rob Ferrian, and Andrew Smith each addressed the Commission with their opposition to the proposed rezoning. Dennis Marx stated that he is not opposed to the type os senior housing located behind the Colonial Mall in St. Michael because it is close to shopping and medical facilities for those residents and is a buffer between the commercial area and the single family residences. Gary Schwenzfeier added that he feels the type of development being proposed belongs in a buffer zone between commercial and residential. PLANNING COMMISSION December 27, 1994 Page 4 of 5 Jim Brown indicated he knows of no documented need for senior housing in Albertville. Brian Beltrand recently moved from the 54th Street twin homes after living there about twelve years. Shortly after he purchased the twin home, the association was voted out and the area deteriorated quickly. He is afraid that same thing would happen with the proposed development. He also stated he sees no market for senior housing here. Several other citizens addressed the Commission stating their Opposition to the rezoning. Vetsch made a motion to close the public input portion of the Public hearing. Larson seconded the motion. All voted aye. Liz Stockman reviewed the differences between the R-3 and R-4 zones with the Commission. The developer will have to provide revised plans of how to meet all requirements of either zone. Larson made a motion to recommend that the City Council deny the request to rezone the property from R-3 to R-4. Vetsch seconded the motion. All voted aye. The Commission agreed there was no reason to discuss the preliminary plat, or the Conditional Use Permit for a PUD overlay at this point. However, in an effort to advise the developer of how to proceed with the revisions, Larson made a motion to open the public hearing to consider the variance allowing a 50' street on the property, Liz Stockman explained that it is not possible to develop the site without a 50' street because the property is too narrow. Hardship to the property is one of the criteria the Commission can consider when granting a variance. Tim Backes explained that he had initially proposed the street as a private road. However, the City Engineer encouraged and recommended that the street be a city owned street. Vetsch made a motion to close the public input portion of the hearing. Larson seconded the motion. All voted aye. Larson made a motion to recommend that the City Council deny the request for a 50' road right of way and to require that the setbacks of the R-3 zone are met. Anderson seconded the motion. All voted aye. Larson questioned if the Commission had any input in establishing the school district boundaries between STMA and Elk PLANNING COMMISSION December 27, 1994 Page 5 of 5 River. Vetsch explained that a year and a half of so the City passed a resolution requesting that the corporate limits of Albertville be included within District 885. The Districts met several times to discuss the boundaries but no changes were made. Larson made a motion to adjourn at 9.50 PM. Anderson seconded the motion. All voted aye. Sharon Anderson, Vice Chairman Linda Houghton, City Clerk A request has been placed in front of the Albertville Planning and Zoning Commission to rezone property from R-3 (single family/two family) to R-4 (twin home, townhouse, quadraminum, low density multiple family). We are asking residents to sign this petition to have the request denied. We feel the best interests of the community are in having single family dwellings, which promote a safe, clean, quiet, stable neighborhood and city. We are concerned about preserving the integrity of our neighborhood and about the negative effect rezoning will have on our property values. Albertville already has a high growth rate. Last year over 70 new homes were permitted or built, an increase over the previous year and a new record. We do not need to encourage even more rapid growth, with the extra burden it will place on our schools, sewer & water system, police and fire department. We have enough multifamily dwellings. A disproportional number of the police and fire calls come from these buildings. It has been proven that single family residences, with the inherent pride of ownership of their property, provide the stability that helps make a community. We the undersigned homeowners are opposed to the Albertville Planning and Zoning Commission rezoning from R-3 to R-4 for the property immediately to the north of 54�, Street and West of Lander. We urge the Commission to reject this rezoning and urge them to maintain the R-3 designation. Name Address Phone A u-e /V E y9 7 1 0�1 �4e� S 7 r - ({ _s s;4_ N�. ? 7 • 3ya NZ q -7-- ) gD3 11 SZ�2 5� ,tee 491- 435? _ 1/ 97- Y9,Zp A request has been placed in front of the Albertville Planning and Zoning Commission to rezone property from R-3 (single family/two family) to R-4 (twin home, townhouse, quadraminum, low density multiple family). We are asking residents to sign this petition to have the request denied. We feel the best interests of the community are in having single family dwellings, which promote a safe, clean, quiet, stable neighborhood and city. We are concerned about preserving the integrity of our neighborhood and about the negative effect rezoning will have on our property values. Albertville already has a high growth rate. Last year over 70 new homes were permitted or built, an increase over the previous year and a new record. We do not need to encourage even more rapid growth, with the extra burden it will place on our schools, sewer & water system, police and fire department. We have enough multifamily dwellings. A disproportional number of the police and fire calls come from these buildings. It has been proven that single family residences, with the inherent pride of ownership of their property, provide the stability that helps make a community. We the undersigned homeowners are opposed to the Albertville Planning and Zoning Commission rezoning from R-3 to R-4 for the property immediately to the north of 54,.Street and West of Lander. We urge the Commission to reject this rezoning and urge them to maintain the R-3 designation. Name Address Phone At'/16� � S 7 rY � , �Iq-�- 2 A request has been placed in front of the Albertville Planning and Zoning Commission to rezone property from R-3 (single family/two family) to R-4 (twin home, townhouse, quadraminum, low density multiple family). We are asking residents to sign this petition to have the request denied. We feel the best interests of the community are in having single family dwellings, which promote a safe, clean, quiet, stable neighborhood and city. We are concerned about preserving the integrity of our neighborhood and about the negative effect rezoning will have on on r property values. Albertville already has a high growth rate. Last year over 70 new homes were permitted or built, an increase over the previous year and a new record. We do not need to encourage even more rapid growth, with the extra burden it will place on our schools, sewer & water system, police and fire department. We have enough multifamily dwellings. A disproportional number of the police and fire calls come from these buildings. It has been proven that single family residences, with the inherent pride of ownership of their property, provide the stability that helps make a community. We the undersigned homeowners are opposed to the Albertville Planning and Zoning Commission rezoning from R-3 to R-4 for the property immediately to the north of 541 Street and West of Lander. We ur-e the Commission to reject this rezoning and urge them to maintain the R-3 designation. Name Address Phone A request has been placed in front of the Albertville Planning and Zoning Commission to rezone property from R-3 (single family/two family) to R-4 (twin home, townhouse, quadraminum, low density multiple family). We are asking residents to sign this petition to have the request denied. We feel the best interests of the community are in having single family dwellings, which promote a safe, clean, quiet, stable neighborhood and city. We are concerned about preserving the integrity of our neighborhood and about the negative effect rezoning will have on our property values. Albertville already has a high growth rate. Last year over 70 new homes were permitted or built, an increase over the previous year and a new record. We do not need to encourage even more rapid growth, with the extra burden it will place on our schools, sewer & water system, police and fire department. We have enough multifamily dwellings. A disproportional number of the police and fire calls come from these buildings. It has been proven that single family residences, with the inherent pride of ownership of their property, provide the stability that helps make a community. We the undersigned homeowners are opposed to the Albertville Planning and Zoning Commission rezoning from R-3 to R-4 for the property immediately to the north of 50, Street and West of Lander. We urne the Commission to reject this rezoning and urge them to maintain the R-3 designation. Name Address Phone 53�d 5*. 97-335-7 L-H�-7- 55-0a-S t7 7 -Z:f -3 �/, d q '7-S3 4 () A request has been placed in front of the Albertville Planning and Zoning Commission to rezone property from R-3 (single family/two family) to R-4 (twin home, townhouse, quadraminum, low density multiple family). We are asking residents to sign this petition to have the request denied. We feel the best interests of the community are in having single family dwellings, which promote a safe, clean, quiet, stable neighborhood and city. We are concerned about preserving the integrity of our neighborhood and about the negative effect rezoning will have on our property values. Albertville already has a high growth rate. Last year over 70 new homes were permitted or built, an increase over the previous year and a new record. We do not need to encourage even more rapid growth, with the extra burden it will place on our schools, sewer & water system, police and fire department. We have enough multifamily dwellings. A disproportional number of the police and fire calls come from these buildings. It has been proven that single family residences, with the inherent pride of ownership of their property, provide the stability that helps make a community. We the undersigned homeowners are opposed to the Albertville Planning and Zoning Commission rezoning from R-3 to R-4 for the property immediately to the north of 54�, Street and West of Lander. We urge the Commission to reject this rezoning and urge them to maintain the R-3 designation. Name Address nt,,,.,o 1 VJ l3� SL( Lf 52, `6- y 7-31 z44 A request has been placed in front of the Albertville Planning and Zoning Commission to rezone property from R-3 (single family/two family) to R-4 (twin home, townhouse, quadraminum, low density multiple family). We are asking residents to sign this petition to have the request denied. We feel the best interests of the community are in having single family dwellings, which promote a safe, clean, quiet, stable neighborhood and city. We are concerned about preserving the integrity of our neighborhood and about the negative effect rezoning will have on our property values. Albertville already has a high growth rate. Last year over 70 new homes were permitted or built, an increase over the previous year and a new record. We do not need to encourage even more rapid growth, with the extra burden it will place on our schools, sewer & water system, police and fire department. We have enough multifamily dwellings. A disproportional number of the police and fire calls come from these buildings. It has been proven that single family residences, with the inherent pride of ownership of their property, provide the stability that helps make a community. We the undersigned homeowners are opposed to the Albertville Planning and Zoning Commission rezoning from R-3 to R-4 for the property immediately to the north of 543; Street and West of Lander. We urge the Commission to reject this rezoning and urge them to maintain the R-3 designation. Name Address Phone ' a % 'e7lg 7-,3 e`),A I ` UC � 1 l 41 os ^ /II V J IN ll �U,i A request has been placed in front of the Albertville Planning and Zoning Commission to rezone property from R-3 (single family/two family) to R-4 (twin home, townhouse, quadraminum, low density multiple family). We are asking residents to sign this petition to have the request denied. We feel the best interests of the community are in having single family dwellings, which promote a safe, clean, quiet, stable neighborhood and city. We are concerned about preserving the integrity of our neighborhood and about the negative effect rezoning will have on our property values. Albertville already has a high growth rate. Last year over 70 new homes were permitted or built, an increase over the previous year and a new record. We do not need to encourage even more rapid growth, with the extra burden it will place on our schools, sewer & water system, police and fire department. We have enough multifamily dwellings. A disproportional number of the police and fire calls come from these buildings. It has been proven that single family residences, with the inherent pride of ownership of their property, provide the stability that helps make a community. We the undersigned homeowners are opposed to the Albertville Planning and Zoning Commission rezoning from R-3 to R-4 for the property immediately to the north of 54 Street and West of Lander. We urne the Commission to reject this rezoning and urge them to maintain the R-3 designation. Name � ^�`�'��\ -N�, Address Phone � 7 A request has been placed in front of the Albertville Planning and Zoning Commission to rezone property from R-3 (single family/two family) to R-4 (twin home, townhouse, quadraminum, low density multiple family). We are asking residents to sign this petition to have the request denied. We feel the best interests of the community are in having single family dwellings, which promote a safe, clean, quiet, stable neighborhood and city. We are concerned about preserving the integrity of our neighborhood and about the negative effect rezoning will have on our property values. Albertville already has a high growth rate. Last year over 70 new homes were permitted or built, an increase over the previous year and a new record. We do not need to encourage even more rapid growth, with the extra burden it will place on our schools, sewer & water system, police and fire department. We have enough multifamily dwellings. A disproportional number of the police and fire calls come from these buildings. It has been proven that single family residences, with the inherent pride of ownership of their property, provide the stability that helps make a community. We the undersigned homeowners are opposed to the Albertville Planning and Zoning Commission rezoning from R-3 to R-4 for the property immediately to the north of 54�, Street and West of Lander. We urne the Commission to reject this rezoning and urge them to maintain the R-3 designation. Name Address Phone G�����`���=,;v9•7_-��;-yn A request has been placed in front of the Albertville Planning and Zoning Commission to rezone property from R-3 (single family/two family) to R-4 (twin home, townhouse, quadraminum, low density multiple family). We are asking residents to sign this petition to have the request denied. We feel the best interests of the community are in having single family dwellings, which promote a safe, clean, quiet, stable neighborhood and city. We are concerned about preserving the integrity of our neighborhood and about the negative effect rezoning will have on our property values. Albertville already has a high growth rate. Last year over 70 new homes were permitted or built, an increase over the previous year and a new record. We do not need to encourage even more rapid growth, with the extra burden it will place on our schools, sewer & water system, police and fire department. We have enough multifamily dwellings. A disproportional number of the police and fire calls come from these buildings. It has been proven that single family residences, with the inherent pride of ownership of their property, provide the stability that helps make a community. We the undersigned homeowners are opposed to the Albertville Planning and Zoning Commission rezoning from R-3 to R-4 for the property immediately to the north of 50, Street and West of Lander. We urge the Commission to reject this rezoning and urge them to maintain the R-3 designation. Name Address Phone '�4%��✓,-�- 9 .1-'.�'._ ')-'`y %,.i-.�.til!'/.�.t�/�s''iL''r _- �. ✓`.iC/7-�!..i 7'.�i� 2 3, el 74- %,' -3 -1, -2 -!5 l -"il (- 7- S �3y 3 Le.t- `L CITY OF ALBERTVILLE FINANCIAL STATEMENT December 15 - December 29, 1994 Beginning Cash Balance December 15, 1994 INCOME (Dec. 15 - Dec. 28) Amusement License 350.00 Building Permits 2,987.57 Cigarette Licenses 200.00 Donation 30.00 Fire Contract 14,241.25 Insurance Refund 2,249.00 Joint Powers Bond 75,000.00 HACA 69,111.50 LGA 26,886.00 Refund - Fire Relief 318.84 Refund - Fire Dept. 53.50 Special Payoff 7,728.29 Title Search 20.00 Wright County 20,444.00 TOTAL INCOME EXPENSES (Dec. 13 - Dec. 28) Check Us 8994 - 9028 (approved 12/19/94) 85,529.87 PAYROLL PERIOD 12/14 - 12/27 Check # P1204 - Linda 810.71 Check # P1205 - Katie 102.35 Check # P1206 - Dave 280.94 Check # P1207 - Ken 977.90 Check # 9029 - EDA 75,000.00 Check # 9030 - Menard's 296.41 Check # 9031 - P.E.R.A 2.20.74 Check # 9032 - Wr. Co. 172.55 TOTAL EXPENSES Ending Cash Balance December 28, 1994 219,619.95 163,391.47 $720,002.57 _$776,231.05 INVESTMENTS: CD #9226 - Alb. Development Corp. matured 7/1/94 6,970.05 CD #8579 - matures 12/27/94 @ 3.0% 164,389.96 CD #9198 (Fire Dept) - matures 1/19/95 @ 3.00% 12,729.12 CD #9145 (Lions) - matures 1/19/95 @ 3.00% 19,973.21 CD #8925 - matures 3/1/95 @ 3.0% 112,656.37 CD #8807 - matures 3/29/95 @ 3.0% 372,420.89 Piper-Jaffray Investments (11/30/94) 938,516.39 TOTAL INVESTMENTS $1,627,655.99 CITY OF ALBERTVILLE BILLS TO BE PAID January 3, 1994 Check No. Vendor Reason Amount 9033 Campbell, Joe EMT Refresher Course 125.00 9034 Chouinard Office Products Desk Signs/bases 27.64 9035 Driver -Vehicle Services Plate #R-87253 13.50 Division 9036 Feed -Rite Controls, Inc. Alum 2,772.90 9037 Franklin Outdoor "Hot Country 200" 960.00 Advertising C Sign 9038 Hackenmueller's Supplies/Gas 67.23 9039 Hackenmueller's Ice Water Rescue 700 00 Suits 9040 Harvest Printing Gary's Business Cards 37.28 9041 Heiman Fire Equipment 4 Pair Gloves 112.00 9042 Infratech Repair two Manholes 827.80 9043 MedCenters Health Plan Group Health Insurance546.29 9044 Minn. Ambulance Assoc. Firemen's Training 240.00 Classes 9045 Minn. Copy Systems, Inc. Copy Use 10/20-12/19 174.90 9046 City of Monticello Nov. Animal Control 243.00 9047 Northern States Power Street Lights 2,888.74 9048 Pitney Bowes Postage Meter 43.00 11/30 - 12/30 9049 Printing Systems, Inc. Tax Forms 45.12 9050 Radzwill Law Office Dec. Legal Service 2,729.00 9051 Simonson Lumber Company Boards for Hockey 55.33 Rink 9052 United Telephone System Park Shelter 257.21 9053 Wr. Co. Sheriff's Dep. Police Protection 3,710.83 9054 Wr. Soil & Water Conserv. Additional Fees for 150.00 Delineation P1208 Koch, David 8 Hrs. Underpayed 59.10 P1209 Anderson, Sharon Dec. Council 143.14 P1210 Barthel, Albert Dec. Council 106.05 P1211 Berning, Duane Dec. Council 1.06.20 P1212 Potter, Michael Dec. Council 189.32 P1213 Vetsch, John Dec. Council 106.20 TOTAL BILLS $17,436.78 RESOLUTION NO. 1995-1 A RESOLUTION MAKING APPOINTMENTS TO CERTAIN OFFICES AND POSITIONS WITHIN THE CITY OF ALBERTVILLE FOR THE YEAR 1995 WHEREAS, it has been the policy of the Albertville City Council to make annual appointments to fill certain offices and positions within the City government at the beginning of each year. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Albertville as follows: 1. That the following persons are appointed to the following offices and positions for the year 1995: ACTING MAYOR: Duane Berning PLANNING COMMISSION LIAISON: Sharon Anderson CITY CLERK/TREASURER: Linda Houghton BUILDING INSPECTOR: Kevin Mealhouse WEED INSPECTOR: Council CITY ATTORNEY: Radzwill Law Office JOINT POWERS REPRESENTATIVES: John Vetsch Mike Potter CITY ENGINEER: Pete Carlson, SEH FINANCIAL ADVISOR: Springsted, Inc. PLANNER: NAC Consultants TAX INCREMENT CONSULTANT: Holmes & Graven BOND COUNSEL: William Radzwill Briggs & Morgan DOG CATCHER: Monticello Animal Control (Patty Salzwedel) CIVIL DEFENSE DIRECTOR: Kevin Mealhouse FIRE RELIEF ASSOCIATIONS REPRESENTATIVES: Mike Potter Garrison Hale OTSEGO CREEK AUTHORITY: Mike Potter Howard Larson ECONOMIC DEVELOPMENT AUTHORITY: Duane Berning Curt Muyres Mike Potter JOINT POWERS BOARD REPRESENTATIVES: John Vetsch Mike Potter Duane Berning, Alternate OFFICIAL NEWSPAPER: Crow River News OFFICIAL DEPOSITORIES: Security Bank Northwest Twin City Federal State Bank of Rogers Midwest Federal 1st National Bank of Elk River Bank of Elk River Wright County Bank Piper Jaffrey Marquette Bank Liberty Savings Rockford State Bank PARK BOARD LIAISON: Curt Muyres BOARD OF VARIANCE: Mike Potter MEDICAL OFFICER: Dr. David Ehlenz, Buffalo Specialty Care RULES OF PROCEDURE: Robert's Rules of Order CABLE TV BOARD: Duane Berning 2. Change City Council regular meeting dates conflicting with legal holidays as follows: Martin Luther Kind Day - Monday, January 16, 1995, to Tuesday, January 17, 1995. Presidents' Day - Monday, February 20, 1995 to Tuesday, February 21, 1995. Labor Day - Monday, September 4, 1995, to Tuesday, September 5, 1995. 3. That such appointments shall take effect on the date hereof and shall continue for the remainder of the year or until such time a.s a successor is appointed by the City Council. ADOPTED BY THE CITY COUNCIL OF THE CITY OF ALBERTVILLE THIS 3RD DAY OF JANUARY, 1995. Duane Berning, Acting Mayor ATTEST: Linda Houghton, City Clerk OTSEGO CREEK AUTHORITY December 20, 1994 Albertville City Hall 7:30 PM PRESENT: Chairman Floyd Roden, Members Mike Potter, Larry Fournier, Howard Larson, Carl Swenson and Albert Barthel Chairman Roden opened the regular meeting of the Otsego Creek Authority. Swenson made a motion to approve the minutes of the October 12, 1994, Annual Meeting of the OCA as presented. Fournier seconded the motion. All voted aye. Fournier made a motion to approve the minutes of the October 12, 1994, regular meeting as presented. Potter seconded the motion. All voted aye. Potter made a motion to approve the minutes of the October 18, 1994, special meeting as presented. Fournier seconded the motion. All voted aye. Swenson made a motion to approve the Year End Expense Report as presented. Barthel seconded the motion. All voted aye. The Authority requested that a list of all checks issued and expenses to date for the Otsego Creek Authority be compiled to be presented at the next meeting. The Authority discussed the Department of Natural Resources' study on the creek and the possible solutions presented. Options include ponding, reclamation or purchase of additional property. Larson made a motion to direct Larry Koshak of Haakanson Anderson to meet with Dan Leis of the DNR to discuss the options. Potter seconded the motion. All voted aye. Potter made a motion to recommend that each Citv Council approve an amendment to Section 3 of the Otsego Creek Agreement pertaining to members appointed by the respective Councils not being required to be members of the respective Councils or Planning Commission. Fournier seconded the motion. All voted aye. Roden made a motion to set the next meeting of the Authority for Wednesday, February 8, 1995, at the Otsego City Hall. Fournier seconded the motion. All voted aye. Barthel made a motion to adjourn. Fournier seconded the motion. All voted aye. Floyd Roden, Chairman JOINT POWERS BOARD- Hanover, Frankfort, St Michael and Albertville Post Office Box 10 . 11100 - 50th Street N.E.. Albertville, Minnesota 55301-0010 . Telephone 612-497-36 December 8, 1994 Linda Houghton City of Albertville PO Box 131 Albertville, MN 55301 RE: ditch drainage Dear Linda: This letter is to notify you that the drainage problems of the ditches in front of the Joint Powers, office on 50th Street NE has not been corrected as requested in a letter dated June 30, 1994. If you have any questions, please contact me weekdays between 8 am and 1 pm. Sincerely, Joint Powers Board Donna M. K ipka Secretary