Minutes - Apr. 9th, 2007

April 9th, 2007

Pursuant to due call and notice thereof, a regular meeting was held on Monday April 9, 2007 at 6:00 P.M. in the Crosby City Council Chambers. The Pledge of Allegiance was given. The meeting was called to order by Mayor Sova with Member Erwin Neprud, Member Debra Shankle, Member Edward Vukelich and Member David Ferrari present.

MOTION MADE BY MEMBER NEPRUD AND SECONDED BY MEMBER SHANKLE TO APPROVE THE MINUTES. Motion carried.

The Mayor asked that special care be taken to do spell check of the draft of the minutes before the presentation of them to the council.

The March twelfth minutes are still not in draft form as of yet.

MOTION MADE BY MEMBERVUKELICH AND SECONDED BY MEMBER NEPRUD TO ACCEPT THE CLAIMS AS PRESENTED. Motion carried.

ADDTIONS TO THE AGENDA

Member Vukelich to the clerks report added:

July 19, 2007 reserve the park for the Veteran’s Picnic

Solid waste license

Member Shankle to the unfinished business added:

Park restrooms

Member Neprud to the public works added:

Birch Street

MOTION MADE BY MEMBER VUKELICH AND SECONDED BY MEMBER FERRARI TO APPROVE THE APPLICATION FOR A RAFFLE TO BE HELD BY ST. JOSEPH'S CATHOLIC CHURCH ON SEPTEMBER 9, 2007 AND WAIVE THE SIXTY DAY WAITING PERIOD. Motion carried.

REPORTS

POLICE CHIEF KIM COUGHLIN REPORTED:

The computer system is now operating within a county wide records sharing system. The switch to the new system occurred March 22, 2007.

The impound vehicles will be dealt with and the monies will go into the alcohol and drug forfeiture fund.

Items discussed with the Police Chief for the next agenda:

Criminal history form

Police union contract

Grant Midbrod computer contract

FIRE CHIEF CHARLES LEONHARDT REPORTED:

One run since the last meeting

The department hired two new men since one is still deployed and the other is out due to injuries suffered while at a full time position of employment.

A check for eight thousand dollars was sent off to order the fireworks for the Fourth of July celebration.

Items discussed with the Fire Chief:

A basket ball hoop is on the corner and looks to pose a hazard. Measures also need to be taken so that it does not get moved back there.

PUBLIC WORKS WORKING SUPERINTENDENT LAVERNE BOOTH REPORTED

Fees for the City Clean-Up May 5, 2007 are done.

Tim Kostals bid did not include the sandblasting of the posts.

Update of Brent Burgstaler tapping into the Crosby water and sewer led to discussion of who should bear the cost, an agreement needs to be drawn up and Mr. Burgstaler needs to phone the Crosby City Attorney.

A cement mixer bid was submitted by Ronnie Decent. The cement mixer was also of interest to Irondale Township but they had submitted a bid for three items not individual bids.

MOTION MADE BY MEMBER NEPRUD AND SECONDED BY MEMBER VUKELICH TO SELL THE CEMENT MIXER TO RONNIE DECENT FOR THIRTY-FIVE DOLLARS AND HAVE IRONDALE TOWNSHIP SUBMIT A BID ON THE OTHER TWO ITEMS. Motion carried.

Items discussed with Laverne Booth for the next agenda:

A grinder pump for City Hall was tabled to the next meeting so research could be done to compare the cost of repairs and replacement.

Birch Street needs the potholes filled from the Chileen residence clear down to the church. Mr. Booth stated he will us class five until the frost is out.

ENGINEER REPORT WAS MADE BY MIKE RUDE OF WIDSETHSMITH AND NOTLTING

Updates for several ongoing projects were given

Water project

Contacts have been made but no return calls have come in

Capital Improvement

1) Park restrooms

2) Overlay/seal coat

3) Road projects

Questions to be answered are where is the money coming from and what needs to be fixed .

A meeting with Laverne Booth and Public Works committee would be a good place to start to find the candidate roads that are in dire need.

CITY ATTORNEY JAMES GAMMELLO REPORTED

Cuyuna Senior Housing project has requested the assistance of WSN for utility easement. It was deemed that the developers shall pay the cost of this request. During discussion, the attorney suggested a negotiation committee would be a good plan of action to assist in the water and sewer issue.

MOTION MADE BY MEMBER VUKELICH AND SECONDED BY MEMBER SHANKLE TO APPROVE MAYOR SOVA AND MEMBER NEPRUD TO BE THE NEGOTIATIONS COMMITTEE FOR THE CUYUNA SENIOR HOUSING PROJECT. Motion carried.

The Crow Wing County dog ordinance has been revised. That and the contract with the county can be adopted at the next meeting.

The council called for a break.

CLERK’S REPORT

The council reviewed applications for planning and zoning commission submitted by Mr. Lewis, Mr. Waytashek and Mr. Perpich

MOTION MADE BY MEMBER VUKELICH AND SECONDED BY MEMBER NEPRUD FOR STEVE PERPICH TO BE APPOINTED TO THE PLANNING AND ZONING COMMISSION. Motion carried.

MOTION MADE BY MEMBER VUKELICH AND SECONDED BY MEMBER FERRARI TO RESERVE THE PARK ON JULY 19, 2007 FOR THE POW VETRAN’S PICNIC AT NO CHARGE. Motion carried.

MOTION MADE BY MEMBER NEPRUD AND SECONDED BY MEMBER VUKELICH TO APPROVE THE HAULER’S ON THE LIST FOR THE 2007 LICENSE. Motion carried.

COMMITTEE REPORTS

Planning and Zoning

The Planning and Zoning recommends the conditional use application of the Augusta Housing Management to construct three multi family structures creating a total of twelve units to be approved with thirteen conditions based on twelve findings. The conditions are as follows:

1) The applicant shall submit revised construction drawings, cost estimate and specifications for proposed public utilities, prepared by a Licensed Professional Engineer, to the City Engineer for approval. Approval of these documents by the City Engineer is required prior to the start of construction.

2) The applicant shall provide a Minnesota Pollution Control Agency sanitary sewer extension permit and Minnesota Department of Health watermain extension permit to the City prior to the start of construction.

3) MPCA Application for Application for General Storm-water Permit for Construction Activity (MN R100001).

4) The applicant shall enter into a Developer’s Agreement which addressed, among other things, responsibilities for project costs related to City utilities and observation of utility - related construction activities by the City. This Developer's Agreement shall be reviewed and approved by the City Engineer and City Attorney.

5) The applicant shall submit evidence of fee ownership including a certificate of title to the City Attorney.

6) The applicant shall post necessary financial guarantee for public improvements to the City as required by City ordinance, based upon an estimate prepared and agreeable to the City Engineer and to the City Attorney.

7) The applicant shall install and maintain all drainage and erosion control devices as indicated on the Grading and Erosion Control Plan provided by the applicant. (This was submitted in the original plans of 2006)

8) The applicant shall construct the ditch described between the 1265 and 1264 contours shown on the North of Fourth Street Northeast and the applicant shall repair any pavement damage to Fourth Street Northeast.

9) The applicant shall obtain any necessary permits for work within City Right of Way prior to such work taking place.

10) The applicant shall obtain a building permit from the City prior to the start of any work on the project.

11) The applicant shall relocate all trees as indicated by the Landscape Plan entirely upon the subject property and relocate all trees in such a way as to not interfere with municipal utilities.

12) The applicant shall provide utility easement that is acceptable and approved by the City Engineer for the Phase I Utility Improvements.

13) The applicant shall submit a revised survey to the Zoning Administrator showing the road at a full sixty-six feet and the twenty foot setbacks.

The findings are as follows:

1) The use would not be injurious to the use and enjoyment of other property in the immediate vicinity due to existing multiple family residential developments to the north and south of the subject property.

2) The approval of the Conditional Use Permit, with conditions as presented, will not impede the normal and orderly development and improvement of surrounding vacant property.

3) The applicant has submitted a plan for utilities however does not indicate the licensed professional engineer who prepared the plan State law requires that construction plans for municipal utility improvements be prepared by a licensed Professional Engineer.

4) The applicant has not completed the construction of a ditch indicated by contours 1265 and 1264 shown north of 4^th street northeast as a part of Phase 1 improvements. This has resulted in roadway damage to Fourth Street.

5) A site plan has been submitted by the applicant and has been reviewed by the City Planner. This plan clearly shows property setback information and the specific location of all structures in compliance with City Ordinance.

6) The site plan proposes access to the property via a proposed private roadway connecting to fourth street northeast to the north of the property.

7) The title sheet, existing conditions & demolition plan, utility plan, grading and erosion control plan, detail sheet and landscape plan wee previously reviewed by the City Engineer in September 2006. Comments by the City Engineer on these plans have been included within Staff review of the Conditional Use Permit and incorporated into the conditions thereof.

8) The Landscape Plan shows trees to be planted within City right-of-way, on a neighboring property and in such a way as to create potential interference with sewer infrastructure.

9) The site plan submitted by the applicant provides two off-street parking stalls per unit which meets the requirement for multiple family dwellings.

10) The proposed lighting, as well as odors, fumes, dust, noise, and vibration after the proposed facility is constructed will not constitute a nuisance or create a disturbance to neighboring properties beyond what would be reasonably expected under normal residential use.

11) The proposed access to the site on fourth street northeast will not create traffic congestion or hazards.

12) Although the comprehensive plan does not specifically address development of this nature, it does state under Goal number 6 that the City should designate future multifamily housing development locations and work with the local development community to diversify the housing stock.

The City Attorney Jim Gammello offered suggestions to please make the fact that the developer agreed to all conditions verbally a part of the findings of fact, payment of fees should be included in number four and reviewed as well by the City Planner, the easement needs to be submitted to the Engineer and the City Attorney. Also, there should be a title opinion or current ownership provided as well. An additional condition number fourteen was suggested as well.

14) Consolidation to one large single lot it shall remain as one parcel unless the otherwise approved by the City. The applicant shall enter into a developer’s agreement to be reviewed by the Engineer, the City Attorney and the City Planner. The developer shall pay all professional fees involved with this process.

MOTION MADE BY MEMBER NEPRUD AND SECONDED BY MEMBER SHANKLE TO APPROVE THE CONDITIONAL USE PERMIT TO CONSTRUCT MULTI FAMILY HOUSING IN R-2 WITH CONDITIONS PROVIDED AND THE ADDITIONAL CONDITIONS AS DISCUSSED AND ADDED TONIGHT. Motion carried.

The next item for discussion is the petition for vacation submitted by Lester Chileen. The Planning and Zoning Commission considered the application and provided several points of comments to the Council.

1) Vacation of the alley would limit the use of the property as single family residential.

2) Access would be limited to the eight lots. As eight lots all would have to enter straight onto Highway 210. There is no indication that the lots shall be combined to alleviate this access issue.

3) To find other comment this vacation application shall be forwarded onto the Department of Transportation.

4) The consolidation of the lots would mean only ten feet can be added to the consolidation, not twenty.

5) What about certain services that must access the lots for example trash services?

6) The land owner needs to relinquish ten feet of the twenty feet of the alley way if vacated.

7) The alley is for public use. Is it being used as it is intended if vacated?

8) There is no survey to accompany this application showing property size or plans of the vacation.

MOTION MADE BY MEMBER NEPRUD AND SECONDED BY MEMBER VUKELICH TO ADJOURN. Motion carried.

The meeting adjourned at 7:45 P.M.

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Mayor Sova Recording Secretary