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1995-04-17 CC Agenda/PacketALBERTVILLE CITY COUNCIL April 17, 1995 Albertville City Hall 7:00 PM PRESENT: Mayor Mike Potter, Councilmembers Sharon Anderson, Curt Muyres, Duane Berning, and John Vetsch, City Administrator Garrison Hale, City Clerk Linda Houghton, City Engineer Pete Carlson, City Attorney Mike Couri Mayor Potter called the regular meeting of the Albertville City Council to order. The agenda was amended as follows: Add: Consider motion requiring outstanding bills for developer services from the City Planner, Engineer and Attorney be paid in full prior to issuance of building permits. Berning made a motion to approve the agenda as amended. Muyres seconded the motion. All voted aye. Muyres made a motion requiring that all charges from the city planner, engineer, and attorney for work on developments are paid to the City prior to issuance of building permits, in accordan e with footnotes 1 and 2 on the Zoning Fee Schedule adopted by the Council. Berning seconded the motion. All voted aye. Mayor Potter called the public hearing to order for the purpose of considering a variance to allow an addition to the Particle Control buildings, a legal, non -conforming use in the City of Albertville. The Planning & Zoning Commission has conducted its own public hearing on April 11, 1995, and approved Findings of Fact before recommending that the Council approve the variance request. City Planner Liz Stockman has recommended that Particle Control come more in compliance with the City's Zoning Ordinance, in relation to landscaping and hard surfacing, but, because the Comp Plan is currently under review, Stockman has suggested. that Particle Control be required to make various improvements over the next 12-18 months. Norm Arns has met with Stockman to discuss what improvements will be required and he has agreed to upgrade his property according to Stockman's recommendations within the time requirements. Mayor Potter called for public. comment. There was none. Vetsch made a motion to close the public hearing. Anderson seconded the motion. All voted aye. Vetsch made a motion approving the variance request to allow an addition to the Particle Control buildings, based on the r Planning Commission's Findings of Fact and the recommendation for approval. Anderson seconded the motion. All voted aye. The Council reviewed the Planning Commission's Findings of ALBERTVILLE CITY COUNCIL April 17, 1995 Page 2 of 6 Fact in relation to the Fraser Steel site plan and addition. The Planning Commission has recommended approval of the site plan with a 50' driveway access to eliminate trunks having to bark onto the street. The drainage plans have been revised in accordance with the city engineer's recommendations. Anderson made a motion to approve the site plan for an addition to the Fraser Steel building as presented, based on the Planning Commission•'s Findings of. Fact and recommendation for approval. Muyres seconded the motion. All voted aye. The Council reviewed the site plan presented for the addition to Particle Control. Based on the Planning Commission's Findings of Fact and recommendation for. approval, Anderson made a motion to approve the site plan as presented. Berning seconded the motion. All voted aye. The Council reviewed the site plan for the Omann Brothers office and storage site. Omann Brothers presented a signed agreement with Otsego Tool concerning the shared driveway access into the two businesses. Omann's also presented a letter dated April 14, 1995, documenting the usual hours of operation. Mayor Potter questioned whether the Omann's intended to have a shingle grinding machine on site at all. Omann replied that the only time that piece of equipment would be on site was while it was being repaired. City Engineer Pete Carlson informed the Council that he is still in the process of determining if ground asphalt shingles are a sufficient dust control measure on the outside storage area in place of crushed granite. Carlson stated that both MNDOT and the MPCA have given their approval for the use of crushed asphalt shingles as a non -leeching, acceptable alternative. However, Carlson is still checking into the dust control issue. If Carlson approves use of the shingles on the outside storage area, an agreement will drafted with Omanns stating that if the shingles do not provide adequate dust control, the storage area will be redone with crushed granite. City Attorney Mike Cour_i recommended that the Council require Omann Brothers to comply with the federal EPA monitoring system and request pictures of the installation of the diesel fueling station. Couri also recommended that bulk waste materials not be allowed to be stored on site longer than 24 hours. Muyres made a motion approving the site plan for Omann Brothers, based on the Planning Commission's Findings of Fact and recommendation, contingent upon the following additional ALBERTVILLE CITY COUNCIL April 17, 1995 Page 3 of 6 conditions. (1) The engineer approves the use of ground asphalt shingles in place of crushed granite surfacing of the outside storage area and Omann's written agreement that if the ground shingles prove to be unacceptable at a later date, crushed granite will be used. (2) Omanns comply with federal EPA standards in relation to the diesel fueling station and provide the City photographs of the actual installation. (3) Bulk waste materials will not be stored on site for longer than 24 hours. Anderson seconded the motion. All voted aye. Berning made a motion to approve the Conditional Use Permit for outside storage for Omann Brothers, based on the Planning Commission's Findings of Fact. and Recommendation, and contingent upon compliance with all planning and engineering reports. Anderson seconded the motion. All voted aye. The Council reviewed the PUD Conditional Use Permit request to allow zero lot lines on seven twin home lots in the Meadowvlew Addition. Tim Philips addressed the Council with his concerns that one twin home abuts his property. The Council explained that the preliminary plat for the development was approved with the condition that additional screening he placed on the rear property line. Councilmember_ Vetsch stated concerns that the twin homes will have a negative impact on other property values. Councilmember Berning expressed concerns that if the Council approves this Conditional Use Permit more requests for zero lot lines will follow. Anderson made a motion to approve the PUD Conditional Use Permit for seven twin home lots in the Meadowview Addition, based on the Planning Commission's Findings of Fact and Recommendation. Vetsch seconded the motion. Potter, Vetsch, Anderson and Muyres voted aye. Berning voted no. The PUD Conditional Use Permit was approved. Anderson made a motion to approve RESOLUTION #1995-25 entitled A RESOLUTION DIRECTING THE ESTABLISHMENT OF A MORATORIUM TEMPORARILY PROHIBITING TWO FAMILY DWELLING UNITS IN NEW PLATS WITH R-3, RESIDENTIAL SINGLE AND TWO FAMILY ZONING DISTRICTS. Muyres seconded the motion. All voted aye. ALBERTVILLE CITY COUNCIL April 17, 1995 Page 4 of 6 Vetsch made_ a motion to adopt ORDINANCE #1995-12 entitled AN INTERIM ORDINANCE TEMPORARILY PROHIBITING TWO FAMILY DWELLING UNITS IN NEW PLATS WITH R-3, RESIDENTIAL SINGLE AND TWO FAMILY ZONING DISTRICTS. Berning seconded the motion. All voted aye. Anderson made a motion ratifying the Finance Committee's decision to liquidate the City funds in the Piper Jaffrey Voyageur Fund and transfer those funds to the Piper Jaffrey Money Market. Vetsch seconded the motion. All voted aye. Councilmember Muyres reported that the Finance Committee will be contacting other brokerage firms to discuss what each has to offer. City Administrator Hale again stated his opposition to remaining with the Piper Jaffrey firm. Linda was directed to contact. Piper Jaffrey to find out if the funds invested in zero coupons can be withdrawn without penalty at any time. City Attorney Couri reviewed his letter. dated April 17, 1995, regarding unspent funds in Tax Increment. Finance District #5 with the COunci1. Since there are currently bills in the State Legislature which, if passed, would strip the City of the remaining funds in TIF #5, Couri recommended that the Council consider having the EDA revise the TIF plan, with suggestions from the Council on where the remaining funds should be spent. In addition, Couri recommended that the City delay actual expenditures of the funds until the legislature makes its decision. Anderson made a motion to direct the EDA to conduct a public hearing to amend the TIF #5 budget with the suggestion that the EDA consider the storm drainage project and sidewalk repairs as areas for consideration. Vetsch seconded the motion. All voted aye. Anderson made a motion to direct the FDA to conduct a public hearing to consider modifying the TIF #6 (Fraser Steel) budget to allow Fraser Steel eligible development costs. Potter seconded the motion. All voted aye - The Council reviewed ORDINANCE #504.00 entitled. AN ORDINANCE ESTABLISHING; THE PROCESS FOR HANDLING GARBAGE, REFUSE AND RF.,CYCLABLES PREPARATION, COLLECTTON AND DISPOSAL FOR THE CITY OF ALBERTVTLLF. Attorney Couri advised the Council that the ordinance - is not an organized collection ordinance as such, since the City has not been divided among haulers. Subdivision 10, Paragraph 3 will be drafted to clarify what. is required by the indemnification process. Couri advised that Subdivision 4 also be amended by wiping out the dollar amounts and r. ALBERTVILLE CITY COUNCIL April 17, 1995 Page 5 of 6 set those amounts by Council resolution. Further discussion of the ordinance was tabled until a regular or special May meeting; when the Council will review the ordinance as amended at this meeting, I - City Engineer Pete Carlson reviewed the Urban Service- Area and the trunk access charges. Carlson explained that trunk sewer mains will be required in three zones --the westerly zone, the northerly zone and the easterly zone. Estimated costs of the trunk sewer in each of the districts was calculated on a per acre of serviceable property to arrive at a trunk access charge as follows: Westerly Zone - $1100 per acre Northerly Zone - $1512 per acre Easterly Zone - $1600 per acre In addition, each acre in the Urban Service Area would be charges an additional $200 for the upgrading of lift stations. All figures projected by Carlson must be fine-tuned prior to Council approval. Carlson then reported on the I-94/Albertville/Frankfort storm sewer project. It appears that Frankfort has not responded in regard to participating in the project, but Carlson has confirmation that MNDOT will participate at a minimum of 25% of the total estimated cost of $37,968. The project is proposed with a flat ditch tot he railroad tracks, with a 12" pipe jar.ked tinder the tracks, which continues parallel to the edge of Barthel Industrial Drive to the 42" storm sewer, The plan has been submitted to MNDOT for their final review, a process that could take up to 20 weeks. Carlson does not anticipate construction until at least September of this year. Muyres made a. motion to approve RESOLUTION #1995-26 approving the project as designed and. authorizing MNDOT to prepare an agreement to provide for the State to pay its share of the r_.osts of the improvements in accordance with the latest "Procedures for Cooperative Construction Projects with Municipalities". Anderson seconded the motion. All voted aye. Carlson reported that he has checked the alley that Security Bank Northwest has petitioned to be vacated. Carlson's recommendation to the Council is to not vacate the alley, but rather, to try to accommodate the bank without vacating the alley. Carlson also recommended that the Public. Works Committee consider looking at the space needs of the Public. Works department. He pointed out that the sand/salt storage shed is only one of things that need to be considered. ALBERTVTLLE CTTY COUNCIL April 17, 1995 Page 6 of 6 Anderson made a motion to adjourn at 9:50 PM. Potter seconded the motion. All voted aye. A)k Iva Micha_l Potter, Mayor L Linda Hough on, Ci Clerk • ALBRMULE CITY COBIICIL AcMMA April 17 1995 7:00 PK 1. CALL TO ORDER/ROLL CALL/ADOPT AGENDA (mayor/Clerk/cmIci.l ) 2. SPECIAL ORDER(Comeil/Pdblic/Adndnistrator/lhgineer/Attorney) a. Zoning Issues (Playing Camd.ssicn) 1) Public Rearing - Particle Control (Variance) 7:00 PM (Counci 1) 2) Site Plan Reviews Fraser Steel - Particle Control - Omann Brothers 3) Conditional Use Permits - Omman Brothers (outside storage) - Meadowvlew (zero lot lines) 4) RESOLUTION #1995-25 A RROOLUTION DIRECTING THE ESTABLISHMENT OF A MORATORIUM TEMPORARILY PROHIBITING TWO FAMILY DIMLLING UNITS IN MW PLATS WITH R-3, RESIDENTIAL STRULE AND TWO FAMILY ZONING • DIMICTS 5) ORDINANCE #1995-12 AN INTERIM ORDINANCE TEMPORARILY PROHIBITING TWO FAMILY DWELLING UNITS in MEW FLATS NITS;R-3, RESIDIMIAL SINGLE AND M FAMILY ZONING D I alit ICTS b. Financial Investvients (Fromm Om odttee) c. TIF Districts - Consider hatending Budgets (Attcamay) d. ORDINANCE NO. 504.00 All ORDINANCE EaTABLIsirm THE PROCESS FOR HANDLING GARBAGE, REFUSE AND RECYCLABLES PREPARATION, COLLECTION AND DISPOSAL FOR THE CITY OF ALBERTVILLE e. Engineering O 1) Urban Service Area 2) Trunk Access Charges 3) Other 3 ADJOURNMENT (Council) •