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1999-11-15 CC Minutes . . . ALBERTVILLE CITY COUNCIL November 15, 1999 Albertville City Hall 7:00 PM PRESENT: Mayor John Olson, Councilmembers Robert Gundersen, Patti Stalberger, Duane Berning and John Vetsch, City Attorney Mike Couri, City Engineer Pete Carlson, and City Administrator-Clerk Linda Goeb Mayor Olson called the regular meeting of the Albertville City Council to order. The agenda was amended by adding the following: · Item 5a(1) - Approve hiring temporary, part-time employees for snow plowing · Item 5c(8) - Consider recommendation from Planning Commission to amend the City's Comp Plan and to rezone the new Joint Powers Water Board's property from R-I to P/I · Item 5c(9) - Discuss water softener specs for new fire hall · Item 5c(1O) - Discuss letter from City ofOtsego · Item 5d(1) - Amendment to Developer's Agreement with JMJ Properties Stalberger made a motion to approve the agenda as amended. Berning seconded the motion. All voted aye. The minutes of the November 1, 1999, meeting were amended on Page 3, Paragraph 7 by adding the following: "City Administrator Goeb informed the Council that the City of Otsego sees no need to proceed with a joint council meeting on November 29th since no agreement to provide sanitary sewer to Otsego was reached." Gundersen made a motion to approve the minutes of the November 15t meeting as amended. Berning seconded the motion. All voted aye. Mayor Olson asked if anyone present wished to address the Council. Kim and Chris Molesky told the Council about their concerns with the state of a neighbor's yard. Zoning Administrator Kevin Mealhouse and the city administrator will follow up on their concerns. Stalberger made a motion to approve payment of Check #'s 12370 - 12408 as presented. Gundersen seconded the motion. All voted aye. Stalberger made a motion to adopt RESOLUTION #1999-54 titled A RESOLUTION CERTIFYING UNCOLLECTED SEWER AND STORM . . . ALBERTVILLE CITY COUNCIL November 15,1999 Page 2 of 4 WATER BILLS TO WRIGHT COUNTY FOR COLLECTION WITH REAL EST ATE TAXES. Gundersen seconded the motion. All voted aye. Stalberger made a motion to accept the quotation for the city's liability insurance with LMCIT as presented. Gundersen seconded the motion. All voted aye. Berning made a motion to accept the Public Works Department Report as presented. Gundersen seconded the motion. All voted aye. Stalberger made a motion to approve allowing Tim to hire two part-time, temporary snowplowers on an as-needed basis, as recommended by staff. Vetsch seconded the motion. All voted aye. City Engineer Peter Carlson updated the Council on the status of on-going projects. Sandy Greninger, representing the Family Services Collaborative, gave a brief presentation of the program. It is a joint effort between the school district and the City of St. Michael to provide activities and schedule facilities for youth and family activities. Greninger is requesting that the City of Albertville also participate in the program. The Council asked Greninger to provide more information on the program to the city administrator and the amount of the request to participate. City Administrator Goeb reported that the PouliotlHennum assessment issue is being reviewed by the title company who closed on the property for Marly Glines. City Attorney Couri reported that his notes from 1996 indicate that he spoke to Mr. Hennum regarding these assessments. Vetsch made a motion to continue to lease the excess wastewater treatment property to Zimmer Brothers at a cost of $950. Stalberger seconded the motion. All voted aye. The Council reviewed the proposed ordinance requiring developers to install sidewalks at developer expense. Berning made a motion to amend the sidewalk ordinance by requmng the developer to install at the Council's discretion either a five foot sidewalk or an eight foot bituminous trail. Gundersen seconded the motion. All voted aye. . ALBERTVILLE CITY COUNCIL November 15, 1999 Page 3 of 4 Stalberger made a motion to adopt ORDINANCE #1999-10 titled AN ORDINANCE AMENDING SECTION a-800.1. (Improvements Required) OF THE ALBERTVILLE SUBDIVISION ORDINANCE BY REQUIRING THE APPLICANT FOR SUBDIVISION TO SHOW TRAIL LOCATIONS ON THE PRELIMINARY PLAT AND TO PAY FOR AND INSTALL SIDEWALKS OR TRAILS as amended. Gundersen seconded the motion. All voted aye. The Council discussed the proposed ordinance that which allows local streets with either a five foot sidewalk or an eight foot trail installed by the developer to be 32' (back to back of curb). Vetsch made a motion to change the required local street width (with a sidewalk or trail) to 34'. Stalberger seconded the motion. All voted aye. . Vetsch made a motion to adopt ORDINANCE #1999-11 titled AN ORDINANCE AMENDING SECTION a600-7. (Street Design) AND SECTION a-600.8.(b)(2) TRAIL WIDTHS OF THE ALBERTVILLE SUBDIVISION ORDINANCE TO REDUCE STREET PAVEMENT WIDTH STANDARDS FOR LOCAL STREETS THAT INCLUDE SIDEWALKS OR TRAILS WITHIN THE RIGHT-OF-WAY as amended. Stalberger seconded the motion. All voted aye. The Council agreed to meet jointly with the St. Michael City Council on Monday, January 31, 2000, at the Albertville City Hall at 7:00 PM to discuss joint planning issues. The Fire Department has toured the new mall site and have several requests for the developer-including additional hydrants along the rear of the building, red lights by each horn on the alarm system, and no parking signs in front of all stores and hydrants. City Attorney Couri informed the Council that the signage and the lighting should be brought to the developer's attention but that the City has no means to require the developer to install additional hydrants. Vetsch made a motion to have the fire chief and the city administrator to jointly draft a letter to JMJ Properties outlining the Fire Department's requests. Stalberger seconded the motion. All voted aye. Stalberger made a motion to approve the Findings of Fact & Decision for the Joint Powers Water Board's request for rezoning and Comprehensive Plan amendment as presented. Berning seconded the motion. All voted aye. . . . . ALBERTVILLE CITY COUNCIL November 15, 1999 Page 4 of 4 Berning made a motion to adopt ORDINANCE #1999-12 titled AN ORDINANCE AMENDING SECTION 300 (Administration - Amendments Text and Map) OF THE ALBERTVILLE ZONING ORDINANCE TO PROVIDE FOR A CHANGE IN ZONING CLASSIFICATION FROM R-l, SINGLE FAMIL Y DISTRICT, TO P/I, PUBLIC/INSTITUTIONAL DISTRICT, FOR PROPERTY OWNED BY THE JOINT POWERS WATER BOARD. Stalberger seconded the motion. All voted aye. The Council concurred to have the fire hall plumber loop the water lines to allow a water softener to be added at a later date. Councilmember Gundersen stated he feels the letter from Otsego City Administrator Mike Robertson was "misleading" in the fact that the City of Albertville has never said it would not be able to provide sanitary sewer service to Otsego for a period of five years. He feels that the City Council should respond to Otsego stating Albertville's intentions. Linda will prepare a draft letter for the Council to consider at the next meeting. City Attorney Couri explained that the Developer's Agreement for the mall states that all road improvements to CSAH 19 will be completed by February 1, 2000. The final lift of blacktop is not scheduled to be placed until spring of 2000. This is unacceptable to the developer. During a meeting held on Thursday, November 11th, the developer agreed to allow the final lift of blacktop to be installed next summer but during nighttime hours (after the mall is closed for the evening). The Developer's Agreement must be amended by stating that the final lift of blacktop will be installed between the hours of 10:00 PM and 10:00 AM no later than July 31, 2000. Gundersen made a motion to approve the amendment to the Developer's Agreement as discussed and to allow Couri to substitute language as requested by the developer. Berning seconded the motion. All voted aye. The Council went into a closed session to discuss pending litigation at 8:30 PM. Linda Goeb, City dministrator