1998-10-05 CC Minutes
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ALBERTVILLE CITY COUNCIL
October 5, 1998
Albertville City Hall
7:00 PM
PRESENT: Mayor Mark Olsen (7:05 PM), Councilmembers Robert
Gundersen, Duane Berning, Patti Stalberger and John Vetsch, City Administrator
David Lund, City Clerk Linda Goeb, City Engineer Pete Carlson, City Planner Liz
Stockman and City Attorney Michael Couri
Acting Mayor Berning called the regular meeting of the Albertville City
Council to order.
The agenda was amended by adding the following:
· Item 5d(3) - Discussion of doctor's report regarding Ken Lindsay's return to
work
· Item 5b(2) - Reduction in Letter of Credit for the grading and seeding of the
golf course
. Item 5b(3) - Reduction in Letter of Credit for Parkside 4th Addition
Gundersen made a motion to approve the agenda as amended. Stalberger
. seconded the motion. All voted aye.
The minutes of the September 21, 1998, meeting were amended on Page 4,
Paragraph 8 by deleting the words "of the wetlands". Gundersen made a motion
to approve the minutes of the September 21, 1998, meeting as amended.
Stalberger seconded the motion. All voted aye.
Acting Mayor Berning asked if anyone present wished to address the
Council under the Citizen Forum portion of the agenda. Noone addressed the
Council.
Vetsch made a motion to approve the Revenue/Expenditure Report for the
month of August as presented. Gundersen seconded the motion. All voted aye.
Vetsch made a motion to approve payment of Check #'s 10988 - 11023 as
presented. Gundersen seconded the motion. All voted aye.
Vetsch made a motion to approve RESOLUTION #1998-18 titled A
RESOLUTION CHANGING STREET NAME. Gundersen seconded the
motion. All voted aye.
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ALBERTVILLE CITY COUNCIL
October 5, 1998
Page 2 of5
Vetsch made a motion to approve RESOLUTION # 1998-19 titled A
RESOLUTION APPOINTING ELECTION JUDGES FOR THE GENERAL
ELECTION. Gundersen seconded the motion. All voted aye.
Vetsch made a motion to approve the Financial Statement for the month of
September as presented. Gundersen seconded the motion. All voted aye.
Vetsch made a motion to approve the contract with Kern, DeWenter, Viere,
LTD. for the 1998 Audit Report at a cost of $7,000. Gundersen seconded the
motion. All voted aye.
City Planner Liz Stockman reviewed the request from JMJ Properties for
preliminary plat and PUD Development Stage Plan for the JMJ Minneapolis
Outlet Center. The proposed mall is located on the parcel of land zoned PUD,
Planned Unit Development, at the northwest quadrant of 1-94 and CSAH 19. The
plat contains five lots, one outlot and one remnant parcel of land. Lot 1
encompasses the outlet center, proposed to be 250,000 square feet in area with 50
stores, and future expansion area (57,000 square feet) on 41.17 acres. The outlet
center is expected to produce 400 full or part-time jobs.
Lot 2 is zoned I-I, Limited Industry, and B-3, Highway Commercial, and is
not planned for development. Lots 3, 4, and 5 are intended for use by restaurants
or other complimentary commercial uses. Outlot A is a large wetland and
drainage area.
Planner Stockman stated that the outstanding issues are outlined in the
preliminary Findings of Fact. One issue to be resolved is related to land use, street
access and conceptual subdivision of land to the north and west of the mall.
The City must decide how the land directly west of the mall site currently
zoned PUD should be zoned. Stockman indicated that she feels the land is best
zoned I-I, rather than commercial since she has reservations about the
successfulness of commercial businesses in this area.
The plat as proposed shows the street fronting the mall as private. Both
City Planner Stockman and City Engineer Carlson indicated that the private street
is appropriate because, due to the wetland areas directly north of the mall, a public
road off of 70th Street will best serve the properties north of the mall site. An
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ALBERTVILLE CITY COUNCIL
October 5,1998
Page 3 of5
agreement between the developers and the property owners to the west regarding
access to their properties should be worked out privately.
The Council concurred with having the street access remain private.
Mike Knowlton, representing JMJ Properties, indicated that the developer
would grant an easement through Outlot A to provide for a future ramp for 1-94
and trail easements along County Road 19 will be provided.
City Attorney Couri recommended that the developer be responsible for the
cost of a traffic light, if and when necessary, at the entrance off of County Road
19, as well as road improvements to CSAH 19 required by Wright County. The
Council agreed to incorporate that condition into the Findings of Fact.
The Council agreed to direct the Planning and Zoning Commission to
review the zoning of the excess PUD land and make a recommendation to the
Council.
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The Council reviewed the proposed Findings of Fact and deleted Items 3, 8,
9 and 16. Item # 15 was amended to read that prior to the approval of Final Stage
Development and Final Plat approval, City staff and JMJ staff will negotiate a
cost/fee structure to recommend to the Council. Item #4 was amended by
incorporating the designation of the CSAH 19 right-of-way and the easement over
Outlot A.
Berning made a motion to adopt the Findings of Fact & Decision as
amended, granting the applicant's request of Development Stage Plans and
Preliminary Plat approval. Stalberger seconded the motion. All voted aye.
The Council reviewed the preliminary plat of Psyk's ih Addition. Because
final construction plans have not been completed for the final plat, the Council
considered only the preliminary plat.
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Stockman explained that the preliminary plat consists of 29 single-family
lots. The area encompasses 13.42 acres and is located west of Main Avenue and
south of Psyk's earlier additions. The plat completes a missing segment of 53rd
Street between Main Avenue and Lambert A venue but requires a variance for the
street intersection offset. The preliminary plat is consistent with the concept plan
for the Psyk additions that was submitted and approved earlier.
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ALBERTVILLE CITY COUNCIL
October 5,1998
Page 4 of5
Berning made a motion to approve the Findings of Fact & Decision
granting only preliminary plat approval and the variance for the intersection offset.
Stalberger seconded the motion. All voted aye.
Doug Psyk asked the Council to approve a grading permit to allow him to
begin grading on the site. The Council agreed and directed City Attorney Couri to
prepare a standard Grading Agreement for the project.
The Council reviewed the site and building plan for Mold-Tech, Inc.
Stockman indicated that the plans have been revised to reflect the future parking
stalls discussed at the Planning and Zoning Commission meeting. Lighting plans
will be submitted and approved by the City Planner prior to the issuance of a
certificate of occupancy.
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Stalberger made a motion to approve the Findings of Fact & Decision
granting building and site plan review approval for Mold-Tech, Inc. Vetsch
seconded the motion. All voted aye.
City Engineer Carlson reviewed the requests for reduction in the letter of
credit for Pilot Land Development.
Stalberger made a motion to approve a reduction in the letter of credit for
Cedar Creek North from $698,000 to $250,000. Gundersen seconded the motion.
All voted aye.
Vetsch made a motion to reduce the letter of credit for Center Oaks 2nd and
3rd Additions $317,273 to $194,000. Gundersen seconded the motion. All voted
aye.
Gundersen made a motion to reduce the letter of credit amount for Karston
Cove 1 st Addition to $250,000. Vetsch seconded the motion. All voted aye.
Gundersen made a motion to release the letter of credit held for the grading
and seeding of Cedar Creek Golf Course. Stalberger seconded the motion. All
voted aye.
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Vetsch made a motion to reduce the letter of credit for Parkside 4th
Addition from $30,685 to $7,000. Stalberger seconded the motion. All voted aye.
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ALBERTVILLE CITY COUNCIL
October 5,1998
Page 5 of5
City Attorney Couri reported that the escrow agreement for the Marx
property is being prepared. He is waiting for the title opinion and closing should
be scheduled within the next week or two.
Negotiations are continuing over the park dedication fee issue for the
Savitski commercial building. Couri does not recommend that the certificate of
occupancy be withheld pending the negotiations. The Council disagreed and
directed Couri to proceed with settling the issue as soon as possible.
Couri reported that Bruce Opp of Catellus Management is not willing to
contribute to the cost of a Phase II environmental study on the railroad property
the City wished to purchase, nor is the railroad willing to lower the purchase price.
The Council must decide how to proceed. Couri does not recommend purchasing
the property without a Phase II Environmental Study being done. Estimates for
the Phase II study vary from approximately $4,000 - $12,000.
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Vetsch made a motion directing the attorney to negotiate a contract to
purchase the railroad property from Burlington Northern Railroad without a Phase
II Environment Study at a cost of $30,000 plus the administrative fee of $1,000.
Berning seconded the motion. Vetsch, Berning and Stalberger voted aye. Olsen
and Gundersen voted no. The motion carried.
Vetsch made a motion to accept the LMCIT proposal for the City's
insurance coverage as presented. Stalberger seconded the motion. All voted aye.
Vetsch made a motion to approve a one-year lease with Zimmer Brothers to
farm the excess wastewater treatment facility land at a cost of $950. Stalberger
seconded the motion. All voted aye.
City Administrator Lund was directed to get a signed copy of the letter
from Ken Lindsay's doctor regarding his return to work on October 12, 1998.
Berning made a motion to adjourn at 8:30 PM. Gundersen seconded the
motion. All voted aye.
Mark S. _ set)/, Mayor
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oeb, City Clerk
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