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2002-11-18 CC Minutes 1. CITY OF ALBERTVILLE CITY COUNCIL APPROVED MINUTES NOVEMBER 18, 2002 CALL TO ORDER - ROLL CALL - ADOPT AGENDA PRESENT: Mayor Scott Wallace, Councilmembers LeRoy Berning, Keith Franklin, Tom Fay, and John Vetsch, City Engineer Pete Carlson, City Attorney Mike Couri, City Planner Al Brixius, and Deputy Clerk Bridget Miller . Mayor Wallace called the regular meeting of the Albertville City Council to order. The agenda was amended by adding the following items: . 6.c.(2) B2-A District Zoning . 6.c.(3) Right Turn Lane on 57th Street . 6.d.(2) Zachman Property . 6.f.(8) Mail boxes on County Road 19 . 6.f.(9) Findings of Fact Franklin made a motion to approve the agenda as amended. Fay seconded the motion. All voted aye. . 2. MINUTES Vetsch made a motion to approve the regular minutes of the November 4,2002 City Council meeting. Berning seconded the motion. All voted aye. 3. CITIZEN FORUM Mayor Wallace asked if there was anyone in the audience who wanted to address the Council under the Citizen Forum. Mr. Klecker of Kalland Avenue spoke before the Council. He wanted to discuss the speed limit on County Road 19. With the Coborn's store at that intersection and opening this week he was hoping the speed limit could be controlled. He has come in to talk to the Council over the past couple years regarding this. He has also gone before Wright County to ask for their assistance. Mayor Wallace asked the City Engineer to inform the residents and Council as to how the speed limit is determined. City Engineer stated how things are calculated. They are measured by the State or Federal as to how fast traffic is going. They look at the spacing of intersections, look at other statistics on accidents, curves or bends in the road. They look at pro-active or not active. You would have to show or document the number of accidents and what type of accidents. . Councilmember Vetsch wanted letters to be sent to the State and/or County requesting they lower the speed limit. City Engineer will draft a letter and send it out. He is not sure how far we will get with it. We may only get a staff member to reply. . . . City Council Minutes November 18, 2002 Page 2 of8 Mayor Wallace said he would contact Elmer and the City Engineer would do his best to notify Wayne to get a speed limit sign to change it. Don Peterson of 53rd Street introduced himself as the new Mayor for Albertville. He wanted to clarify as to when he would take over the office as Mayor. He was under the impression it would take affect in December. City Attorney Couri informed Peterson and the Council that when they appointed Wallace as the Mayor he completes the remainder of the term of office. So in January 2003 Don Peterson would come before a Council meeting swear in the Oath of Office, sign and date it. At that point he would take over the office as Mayor. 4. Berning requested Item 4c( 1) be removed from the Consent Agenda and discussed under Administration. Franklin made a motion to approve check numbers 17082 - 17090; 17092 - 17110; 17112 - 17114; and 17116 - 17142. Fay seconded the motion. All voted aye. Franklin made a motion to approve Resolution No. 2002-33 (A Resolution Certifying Uncollected Utility Bills to Wright County for Collection with Real Estate Taxes). Fay seconded the motion. All voted aye. 5. SPECIAL ORDER Mayor Wallace opened the Public Hearing at 7:20 p.m. - Resolution No. 2002-35 (Resolution Adopting Assessment for Installation of LaCentre Avenue and Related Utility Improvements). City Attorney Court reviewed over the proposal before the City Council. Mayor Wallace asked if the Council had any questions regarding the Resolution. There were no additional comments or questions. Mayor Wallace closed the Public Hearing at 7:25 p.m. Berning made a motion to approve the Resolution No. 2002-35 as presented. Fay seconded the motion. All voted aye. 6. DEPARTMENT BUSINESS a. Puhlic \\ ork" Councilmember Franklin informed the Council that he had heard from Public Works Supervisor Tim Guimont. He was unable to attend as a vehicle hit his mother-in-law. Franklin made a comment to send flowers to Tim and family. All voted aye. Councilmember Franklin went over the potential purchase of the Eull Concrete property. He touched briefly from what he had heard from Tim. He informed them there could be some building issues involved. We may need to do some renovations, . . . City Council Minutes November 18,2002 Page 3 of 8 would want to watch out for the fill-land. We would want to know about soil testing prior to any purchase agreement. There was a comment that it would make sense to put the Public Works in the former Eull Concrete building. The parks are on this side on 1-94, the majority of the streets to plow are here as well. Berning had an additional question for City Engineer Carlson. He was wondering how much room we need. City Engineer reviewed what the assessed needs were for the present and the future of Albertville. Question came up if we would keep the present Public Works Building? It was asked if we would be able to add on to the Eull Concrete building to meet the present or future needs the Public Works department would need. If the City were to purchase the Eull Concrete building would we be held liable for the wet fill Eull Concrete has done. It was shared that if we did purchase the E. Concrete building our plans with the County would be nixed. Near the Treatment Plant we would need about 1.9-2.0 acres. Councilmember Franklin wanted to get some kind of direction - go ahead with a purchase agreement on the E. Concrete building or table it for further discussion. Councilmember Vetsch wanted to know about the number. City Engineer Carlson talked about a TIF Districting. City Attorney Couri added you could not use TIF funds for a Public Works Bldg. It would have to come out of the General Funds. Berning added that looking at the surrounding communities they seem to build a Public Works facility on the outskirts of the city limits. City Attorney Couri could put it in the documents that the previous owner would be liable for the wetland fill. If it was questioned the previous owner would be accountable for it. Mayor Wallace basically asked to get a general interest at this point from the council. Councilmember Vetsch would be interested in pursuing a purchase agreement. Councilmember Fay would not want it to be a Public Works building. Berning agreed with Councilmember Fay. Mayor Wallace wanted to set an amount on how much to spend on researching the site. . . . City Council Minutes November 18,2002 Page 4 of8 City Engineer Carlson would do some brief research on the site. He will try to find some aerial photos, numbers, soil testing history and present it at the December 2, 2002 Council Meeting. City Planner added that the owner should provide some information as well. b. (1). Outlets of Albertville Phase III Mayor Wallace turned it over the City Planner Brixius. City Planner Brixius reviewed the JMJ Phase III Preliminary Plat - PUD Development Stage. He touched on the additional items the Planning and Zoning Commission brought up. Councilmember Vetsch asked about a holding pond. City Engineer Carlson addressed the areas of where there are two (2) holding ponds and a number of rain guards. City Attorney Couri was confirming the number or percent required at this site for wetlands. City Engineer Carlson presented a drawing addressing the crosswalk issue. We are hoping this would get customers safely across County Road 19. Councilmember Berning would like to see the developer installing the trail along the front/sides of the mall with the Phase III. It was brought up about the trash enclosures. The ones on the backside and the front. It was address at the Planning and Zoning Commission meeting about the possibility of trash blowing around on windy days. How could we get those a little more contained to prevent this? The developer commented about knocking down the berm along Phase II on County Road 19 and putting in a sidewalk in its place. That would provide a walkway for the customers/pedestrian's to get to Phase II from Phase III or vice- versa. Mayor Wallace has heard there are still issues not addressed or completed from Phase I and Phase II. He wants to see the Fire Department input on Phase III. Fire Chief Roden commented about the issues in Phase I. The water connection by the Nike store he would like to see it fixed and the fire hydrant re-Iocated to where it originally was proposed. City Engineer Carlson went over the details of the trunk line access. He has experienced that Welcome Furniture is not very cooperative in working with on this situation. City Council Minutes November 18, 2002 Page 5 of8 . Councilmember Vetsch asked who would be paying for the trunk line? City Attorney Couri let the council know that the trunk line fees are collected and that is where the access financing would come from. There is a question about an easement on Phase I for the water line. Councilmember Franklin made a motion to approve the Outlets at Albertville Phase III Preliminary Plat and PUD Development Stage with the Findings and Facts with amendments. Fay seconded the motion. All voted aye. c. Engill('(~dng (1) Public Works Building (memo) City Engineer Carlson went over the costs involved in the Public Works Building. He informed the council as to why the Fire Station costs seemed higher than the PW Building. (2) Zachman Property Mr. Zachman who lives in the Greenhaven Estates approached City Engineer Carlson. Mr. Zachman wanted to know if it would be possible to get City sewer and water service to his residence. . City Engineer Carlson handed out drawings showing the possibilities of servicing the Greenhaven Estates development. The City of Albertville could work something out. City Planner Brixius explained the potential zoning of the land if we annex the land. A potential buyer of the property south of Franklin property would like to zone the partial B-3 or B- W. The question came up as to will the owners be assessed for the sewer and water access? City Attorney Couri went over a possible direction on how to handle this issue. There are two (2) options of how to assess the property. Use the trunk line funds or when the line actually goes down the street. City Attorney Couri was asked to draft a Resolution and send a letter to the Zachman's in regards to the hook up issue. . (3) B2-A Zoning District City Planner Brixius addressed the council by stating the B2-A has not gone to publication. He will contact the City Administrator Goeb as to when it will go to publication. d. Legal (1). Discuss Winslow property City Attorney Couri addressed the Council in regards to the Winslow property. Mr. Winslow would like to do some additional landscaping in his backyard. He City Council Minutes November 18, 2002 Page 6 of8 . is aware of a wetland. He would like to include that in his landscaping plans. Mr. Winslow wanted to know who owned it - could he do landscaping near the wetland. He brought to the attention the issues that may arise. How will abutting landowners feel? Will future landowners want to do the same? Councilmember Berning was not in favor of granting the deed or giving the homeowner the option to landscape near the wetland. If we do we will have a number of other residents coming forward and wanting the same. Councilmember Vetsch made a motion to table the discussion. Have Mr. Winslow present at the next Council meeting to show us what he proposes to do before we would consider granting permission. Fay seconded the motion. All voted aye. e. Administration (1) Approve transfer of On and Off Sale Liquor License Mayor Wallace addressed GRG, Inc. with their request. GRG, Inc. wants to transfer the Liquor License to be transferred to C.L. Gentile, Inc. Glen shared with the Council that he has sold his business and wished to transfer his license to the new owner. . Councilmember Franklin made a motion to approve the transfer subject to a completed application and the Certificate of Insurance presented to the City Administrator Goeb. Need to meet all of the State Law requirements. Fay seconded the motion. All voted aye. (2) On Sale and Sunday Sale Liquor License Spectators Grille and Bar was present to discuss approval of a liquor license for the restaurant. Councilmember Franklin shared with the Mayor and Councilmembers saying we have been asking for a nice sit down restaurant in the City of Albertville. He would be in favor of giving the last liquor license to Spectators Grille and Bar. Councilmember Fay agreed with Franklin - he would be in favor ofthe liquor license going to Spectators. Councilmember Franklin made a motion to approve the On Sale and Sunday Sale Liquor License to Spectators Grille and Bar of Albertville, Inc. meeting the City Administrator Goeb requirements for a building permit pulled in six (6) months from today. Berning seconded the motion. All voted aye. It (3) On Sale and Sunday Sale Liquor License Fay made a motion to deny the On Sale and Sunday Sale Liquor License for the Pizza Man. Franklin seconded the motion. All voted aye. City Council Minutes November 18, 2002 Page 7 of8 . (4) Consider increasing the number of liquor licenses City Attorney Couri informed the Council the process for adding more liquor licenses in the City of Albertville. One way is for the population to grow. When it gets to 5,000 there would be an additional license added. Second way is to hold a Special Election to ask the public to vote on raising the number of liquor licenses in the City of Albertville. Council would like to have the City Administrator find a date to address this issue. There was talk about piggybacking on the possible school board election next year (2003). (5) Property across from City Hall Councilmember Franklin informed the Mayor and Council that he was approached regarding the house on 60th Street near City Hall. The garbage or miscellaneous junk has been sitting there for a number of months. City Attorney Couri commented that we have sent the owner a letter a couple of years ago. Deputy Clerk Miller confirmed that it was in 2000. Mayor and Councilmembers agreed to have the City Administrator send a letter to the resident homeowner. . (6) Consider a pay raise for Planning & Zoning Commission Councilmember Franklin shared that the Planning and Zoning Commission members have not had a raise in a number of years. They have been putting in a number of additional meetings here and there. Councilmember Franklin made a motion to have the City Administrator Goeb draft a Resolution to raise the P & Z fee from $20.00 to $40.00 a month. Vetsch seconded the motion. All voted aye. (7) Praught property negotiations update City Attorney Couri handed out a draft purchase agreement for Beatrice Praught's property. There would be a similar one for Steven Praught's property also. In the agreement they would close on the properties in January 2003. The Praught's want to have the ability to have living quarters until June 30, 2003. Councilmember Franklin made a motion to approve the purchase agreement for both Praught's houses. Vetsch seconded the motion. All voted aye. It (8) Approval of payment of claims Councilmember Berning had questions about check no. 17091. Why the Knights of Columbus were paying for a portion of the repairs. The repair was not from the storm damage - it was a general repair. He had a question about check no. 17111 to Hennen. City Engineer Carlson explained in more detail what the invoice was for. . . -- City Council Minutes November 18, 2002 Page 8 of8 Last check no. 17115 to Kennedy and Graven. City Attorney Couri explained it is less expensive to have them do the franchise issues than our attorneys. Councilmember Berning made a motion to approve payment of check nos. 17091, 17111, and 17115. Franklin seconded the motion. All voted aye. (9) Mail boxes on County Road 19 Councilmember Fay asked the City Engineer Carlson when the mailboxes on County Road 19 would be replaced? City Engineer Carlson was not aware they were taken down. He would contact the county to have them replaced or re-installed. (10) Paul Donna and new company Paul Donna addressed the Mayor and Council and informed them that he and some of the staff from the former company formed a new company. He would work with the City Administrator Goeb to come up with numbers of Revenue and Expenditures. (11) Findings of Fact Councilmember Berning wanted a little more clarification on the Findings of Fact process. City Planner Brixius explained to the Mayor and Council how it is handled. 7. ADJOURNMENT Councilmember Franklin made a motion to adjourn at 10:35 p.m. Berning seconded the motion. All voted aye.