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2000-10-16 CC Minutes . . . ALBERTVILLE CITY COUNCIL October 16, 2000 Albertville City Hall 7:00 PM PRESENT: Mayor John Olson, Councilmembers Keith Franklin, Gary McCormack, Bob Gundersen, and John Vetsch, City Engineer Wayne Stark, City Attorney Mike Couri, City Planner Al Brixius, and City Administrator-Clerk Linda Goeb Mayor Olson called the regular meeting of the Albertville City Council to order. The agenda was amended as follows: · Add Item 5d( e) - Discuss amending Shore land Ordinance · Add Item 5e(6) - Sub-Committee meeting with Otsego · Add Item 5a - Sludge Disposal McCormack made a motion to approve the agenda as amended. Gundersen seconded the motion. All voted aye. Paragraph 1, Page 4 of the October 2,2000, minutes were amended to read ". . . table further discussion with Otsego regarding sewer service extension until more development plans are available". Gundersen made a motion to approve the minutes of the October 2, 2000, meeting as amended. Franklin seconded the motion. Gundersen, Olson, Vetsch, and Franklin voted aye. McCormack abstained. The motion carried. Mayor Olson asked if anyone present wished to address the Council under the Citizen Forum portion of the agenda. No one addressed the Council. Gundersen made a motion to approve payment of Check #13685 -13625 as presented. McCormack seconded the motion. All voted aye. Gundersen made a motion to approve the release of the $30,000 Letter of Credit for grading Kollville Estates. McCormack seconded the motion. All voted aye. Gundersen made a motion to approve the reduction to $55,000 in the Letter of Credit for the Kollville Estates development. McCormack seconded the motion. All voted aye. Gundersen made a motion to accept the Public Works Department Report. McCormack seconded the motion. All voted aye. Councilmember Vetsch reported that John Middendorf is looking into having the sludge removed from Pond 3 now while it is dry. Franklin made a motion to accept the Water/WWTF Department Report. Vetsch seconded the motion. All voted aye. Terry & Becky Pauly have applied for a variance to allow a 30' wide concrete driveway at the curb on their new home located at 10209 Karston Drive NE. The Planning . ALBERTVILLE CITY COUNCIL October 16, 2000 Page 2 of 4 Commission conducted a public hearing on the variance request and made the recommendation to grant the variance to allow the 6' wider driveway. McCormack made a motion to approve the variance request to allow a 30' wide concrete driveway at 10209 Karston Drive NE, based on the fact that the lot is a comer lot and the layout allows for a wider driveway. Franklin seconded the motion. All voted aye. City Planner Al Brixius presented the Dolphin Real Estate's site plan, sign plan, and final plat application to construct a Burger King convenience food and drive-in restaurant on proposed Lot 1, Block 1, Dolphin Real Estate Addition. The subject site is a 1.16 acre parcel located south of the Outlets of Albertville. The property is part of the Outlets at Albertville PUD, which was established in 1999 and anticipated this type of use. Greg Klohn, representing Dolphin Real Estate, explained to the Council that the pylon sign requested is being designed to support an additional business sign for the use on the next lot. There is also the possibility of upgrading the pole to support three signs, if necessary. The entrance sign shall be setback 20' feet from the north property line. . Vetsch made a motion to adopt the Findings of Fact & Decision, approving the site plan, the sign plan and the final plat for Burger King. Franklin seconded the motion. All voted aye. Planner Brixius presented the sign variance request for the proposed Mobil Station/Convenience Store on Lot 1, Block 1, Mooney Addition. The application is being made to allow the purchase of standard sized signs provided to them instead of customized signage. The applicant has indicated that the total square footage of sign proposed is 305.56 square feet and the ordinance would allow up to 437 square feet of signs. McCormack made a motion to adopt the Findings of Fact & Decision, granting the requested sign variances for the Mobil Station/Convenience Store. Franklin seconded the motion. All voted aye. The Planning Commission held a public hearing and reviewed the proposed ordinance amendment regarding house size and garage size. The Commission felt that the current minimum house sizes are large enough based on house styles and that the existing ordinance provides adequate provisions to allow for larger garages and accessory structures where appropriate. The Commission voted 4-0 to recommend no change in the current regulations. . Vetsch made a motion to increase the minimum size of a two bedroom house to 1,040 square feet and 1,100 square feet minimum for a three bedroom house. There was no second to the motion. The motion died for lack of second. . . . ALBERTVILLE CITY COUNCIL October 16, 2000 Page 3 of 4 Duane Day, project engineer for the new fire hall, recommended that the fire hall is substantially complete. Several small items are outstanding, including two letters clarifying warranties, and the submittal of paperwork necessary for the City to have funds released from the trust company. Day recommends holding $1,000 from the final pay request from Shingobee until the last items are completed. Gundersen made a motion to accept the fire hall as substantially complete and to withhold $1,000 from the final payment until all items are completed. McCormack seconded the motion. All voted aye. McCormack made a motion to have "No Parking" signs installed on the south side of 5ih Street from the fire hall to Main A venue, as requested by the Fire Department. Gundersen seconded the motion. McCormack, Gundersen, Franklin and Olson voted aye. Vetsch voted no. The motion carried. City Attorney Couri presented the Developer's Agreement for Cedar Creek South 6th Addition. The developer has requested that the surety amount be lowered to $50,000. The developer is also requesting that park dedication fees be charged at $1,300 per residential unit instead of $1,500 per unit currently in effect. The developer is also seeking rewording of Paragraph 15 (Assignment of Contract). Gundersen made a motion to approve the Developer's Agreement for Cedar Creek South 6th Addition with only the requested amendment to Paragraph 15 (Assignment of Contract). McCormack seconded the motion. Gundersen, McCormack, Olson and Vetsch voted aye. Franklin voted no. The motion carried. Attorney Couri explained that the DNR is unable to approve the variance for the Towne Lakes project as the ordinance is written. The DNR suggests that the City amend its shoreland ordinance. There is also the possibility to apply to reclassify School and Mud Lakes from its current designation as environmental lakes. The Council directed staff to proceed with an amended shoreland ordinance. Kent Roessler, representing Kenco, addressed the Council concerning the newly adopted standards and escrows for new home construction. He feels it is unfair to add expenses to houses which were already under construction prior to adoption of the new regulations. Gundersen made a motion to specifically exempt all new homes issued a building permit prior to October 9, 2000, from the standards and the escrow fees and to direct staff to meet with Roessler to discuss the ordinance requirements. Franklin seconded the motion. All voted aye. . . . ALBERTVILLE CITY COUNCIL October 16, 2000 Page 4 of 4 McCormack made a motion to adopt RESOLUTION #2000-30 titled A RESOLUTION ESTABLISHING THE ANNUAL RETIREMENT BENEFIT FOR THE ALBERTVILLE VOLUNTEER FIRE DEPARTMENT EFFECTIVE JANUARY 1,2001. Gundersen seconded the motion. All voted aye. Glen Groetsch, owner of Geez' Sports Bar & Grill, requested the Council consider allowing Sunday liquor sales beginning at 10:00 AM rather than 12:00 noon. McCormack made a motion to schedule a public hearing to discuss the request to extend the hours of Sunday liquor sales on Monday, November 20th at 7: 15 PM. Gundersen seconded the motion. All voted aye. McCormack made a motion to allow Zimmer Brothers to continue to rent the excess 18 acres of WWTF property for agricultural purposes at $60 per acre. Franklin seconded the motion. All voted aye. Franklin made a motion to table action on the petition for street and park signage at Westward Park until the next meeting when more information may be available. McCormack seconded the motion. All voted aye. Mayor Olson reported that he will present a counter-proposal for the Council to consider presenting to the City of Otsego at the next meeting. Franklin made a motion to adjourn at 9: 15 PM. Gundersen seconded the motion. All voted aye. '/t A. 01$on, Mayor A - // /.' ... l l / j ... . o--;L-:T ... f '/}{/',G/ MJ{ ~-f.-/ Linda Goeb, City Administrator