2003-05-19 CC Minutes
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ALBERTVILLE CITY COUNCIL
May 19, 2003
Albertville City Hall
7 :00 PM
PRESENT: Mayor Don Peterson, Councilmembers LeRoy Berning, Tim Sweeney, Tom
Fay, and Ron Klecker, City Engineer Pete Carlson, City Attorney Mike Couri, and City
Administrator Linda Goeb
Mayor Peterson called the regular meeting of the Albertville City Council to order.
The agenda was amended as follows:
· Add Item 4(F) - Letter of Credit Reduction
· Add Item 6d(6) - Water problem behind mall
· Add Item 6d(7) - Marlowe Avenue
· Add Item 6e(3) - 2 a.m. Bar Closing
· Add Item 6e(4) -Concealed weapon permit law
· Add item 6f(4) - Parade Car Rental
· Add Item 6f(5) - Budget
Berning made a motion to approve the agenda as amended. Sweeney seconded the motion. All
voted aye.
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Klecker made a motion to approve the minutes of the May 5, 2003, regular meeting as
presented. Fay seconded the motion. All voted aye.
Mayor Peterson asked if anyone wished to address the Council under Citizen Forum.
Greg Whitesell, 11435 60th Street NE, thanked the Council for installing a speed limit sign
on his street. He expressed concerns that his neighbor will host another party over Friendly City
Days. City Attorney Mike Couri advised the Council and Mr. Whitesell to work with sheriffs
department regarding party issues.
Patricia Knox, 6244 Kahler Drive NE, explained that she would like to acquire a permit for
selling sunglasses, hats, etc., outside of Grandma Jon's bakery. Staff has advised her that a
permit for outdoor sales is limited to sales of agricultural products only. The Council verified
that the City's ordinance for outdoor sales applies only to agricultural products, but she is
allowed to sell her products inside the bakery.
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Sweeney made a motion to approve the Consent Agenda as follows:
· Approve payment of claims
· Approve Application for City On-Sale Wine License for Rosetti's Pizza & Pasta, Inc., 5600
LaC entre Avenue NE, Suite 108
· Approve Application for AS3.2 Malt Beverage License for Rosetti's Pizza & Pasta, Inc.,
5600 LaCentre Avenue NE, Suite 108
· Approve Application For Non-Intoxicating Malt Liquor License for Smackdown's Sports
Bar & Grill, June 12 through June 15,2003 with conditions as follows:
(1) Beer must be sold within a confined or fenced in area
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Albertville City Council Minutes
May 19,2003
Page 2 of 4
(2) A deputy must be provided by the establishment to monitor guests.
(3) Beer may be sold no earlier than 10:00 AM and no later than 12:00 Midnight.
(4) No live bands will be allowed outdoors.
· Approve execution of Agreement for the Installation of Full Depth Concrete Crossing
Surface Material on the Burlington Northern and Santa Fe Railway Company - CSAH 19 on
Twin Cities Division, DOY #095669K at Albertville, MN, MP27.34
Berning seconded the motion. All voted aye.
Bob V ose, Kennedy & Graven law firm, presented the ordinances which would grant
franchises to Charter Communications and FFTH, Inc. The franchise revenue to the City is 5%
of gross revenue of each company.
Since the preparation of the ordinances, V ose has exchanged several letters with Tucker
Carlson, Charter Communications.
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Carlson, Charter Communications, explained to the City Council that his company has no
problems with the ordinance granting their franchise. However, Charter Communications has an
issue with the ordinance for the FFTH franchise. The FFTH franchise will be a limited service
area, whereas Charter is required to serve all areas. Carlson believes that this ordinance is
precedent setting. Charter's opinion is that a limited service area is not allowable.
John Schultz, FTTH, Inc., told the Council that his firm brings forth innovative
technologies and that they are happy with franchise ordinance as presented.
Berning made a motion to adopt ORDINANCE #2003-9 titled AN ORDINANCE
GRANTING A FRANCHISE TO CC VIII OPERATING LLC D/B/A CHARTER
COMMUNICATIONS TO CONSTRUCT, OPERATE, AND MAINTAIN A CABLE
SYSTEM AND PROVIDE CABLE SERVICE IN THE CITY OF ALBERTVILLE.
Sweeney seconded the motion. Berning, Peterson, Fay and Sweeney voted aye. Klecker voted
no. The motion carried.
Sweeney made a motion to adopt ORDINANCE #2003-10 titled AN ORDINANCE
GRANTING A FRANCHISE TO FTTH COMMUNICATIONS, L.L.c., A MINNESOTA
LIMITED LIABILITY COMPANY, TO CONSTRUCT, OPERATE, AND MAINTAIN A
CABLE SYSTEM AND PROVIDE CABLE SERVICE IN THE CITY OF
ALBERTVILLE. Fay seconded the motion. All voted aye
Heidi Peper, S.E.H., presented a proposal to revitalize the EDA. The cost of the one year
services is not to exceed $10,000.
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Berning made a motion to table further discussion on the EDA proposal to enable the
Council to review its EDA resolution before making a decision. Sweeney seconded the motion.
All voted aye.
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Albertville City Council Minutes
May 19, 2003
Page 3 of 4
Berning made a motion to approve the Public Works Report and to authorize the purchase
of four (4) plastic coated picnic tables for the new park shelter. Sweeney seconded the motion.
All voted aye.
City Engineer Pete Carlson showed a proposed layout for a Primary School Park. The
sketch includes two soccer fields and four little league baseball fields. The Council directed
Pete to contact the soccer and baseball leagues for their input.
City Planner Al Brixius presented the concept plan for Kolleville 3rd Addition. The
concept as shown is all R-IA zoned residential lots. The question at staff level is the park
dedication. The required dedication is 4.2 acres. However, the Comprehensive Park Plan calls
for a larger park. Lots 1 through 8 are approximately 3.5 acres total and could be removed from
the development. The asking price for those lots as an addition to the park is $50,000 acre plus
portion of the cost of the street.
Pete will check out the current park configuration and see what can be laid out. If the
Council chooses, additional land will be acquired by purchasing lots 1 through 8.
Klecker made a motion to appoint Scott Dorenbush and Chad Engman to the Planning &
Zoning Commission. Berning seconded the motion. All voted aye.
City Engineer Carlson reported that feedback from Transportation Committee members
regarding the 1-94 ramp at CSAH 19 was mostly positive.
Sweeney made a motion to authorize the engineer to proceed with the preliminary design
for the CSAH 19/1-94 ramps. Klecker seconded the motion. Sweeney, Klecker, Fay and
Peterson voted aye. Berning voted no. The motion carried.
The Council nest discussed sharing sewer service to Otsego. Carlson explained that
studying this option will add to the length of time for completion of WWTF expansion. If 1,000
lots are served, a new Facilities Plan will need to be prepared.
P. J. Norby requested the Council vacate an existing easement on his parcel and relocate
the easement. Pete has looked at the property and explained that the easement is no longer
necessary because the property drains to the north. The Council agreed to schedule a public
hearing on the vacation question on Monday, June 16,2003, at 7:15 pm.
Fay made a motion to approve the Grading Agreement for Towne Lakes III. Sweeney
seconded the motion. All voted aye.
Sweeney made a motion to authorize staff to issue standard grading agreements without
Council approval. Berning seconded the motion. All voted aye.
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Albertville City Council Minutes
May 19,2003
Page 4 of 4
The Council discussed the water problem behind mall. City Engineer Carlson explained
that the clogged outlet on Mud Lake was cleaned out last Wednesday. He estimates that it will
take abut a week to drain the 1-1.5 feet of water currently over the high water level.
Berning made a motion authorizing the engineer to pursue dredging the ditch along CSAH
19 in order to facilitate the drainage problem. Sweeney seconded the motion. All vote aye.
Mark Daleiden, Parade Car Rental, requested a 4' X 8' sign on CSAH 19 to advertise his
new business. City Planner Al Brixus advised Daleiden to coordinate with Bus Garage on their
existing, free-standing sign.
City Engineer Carlson will check on the progress of repairing Marlowe Avenue.
City Attorney Couri will check on the new 2:00 am bar closing law to determine what the
City needs to do.
Mayor Peterson questioned if the city can request bars prohibit concealed weapons from
their premises. City Attorney Couri believes the City can request such cooperation, but
establishments may choose to ignore the request.
The Zachman family is requesting to rezone a .5 acre parcel of their recently annexed land
with the intent of place a billboard on the parcel. The City Council is not in favor of the
rezoning request that would allow another billboard.
Mayor Peterson and Councilmember Fay were appointed to the Joint City Council
Discussion Group.
Berning made a motion to authorize a 36-month lease on the Toshiba 810 copier. Fay
seconded the motion. All voted aye.
Linda was directed to prepare a quarterly, expenditure/revenue report for the Council.
Klecker made a motion to adjourn at 10:10 pm.
aye.
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Don Peterson, Mayor
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Linda Goeb, City Administrator