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1992-05-18 CC Minutes . . . ALBERTVILLE CITY COUNCIL May 18, 1992 Albertville City Hall 7:30 PM PRESERT: Mayor Jim Walsh, Councilmen Duane Berning, Mike Potter, Donatus Vetsch and Mark Barthel, City Clerk Linda Houghton, City Engineer Thore Meyer, City Attorney Mike Couri Mayor Walsh called the regular meeting of the Albertville City Council to order. The agenda was amended by adding the following items under Community Forum: (1) Letter of congratulations to Bill Valerius (2) Letters of appreciation to the Spring Fling o.rganizers (3) Doug Psyk - request to consider pre I iminary pI at approval for psyk's 6th Addition (4) Pat Eiden The agenda was amended by adding the following item under Administration: (l) Letter from GAB - re: claim from Carl & Rita Swanson Potter made a motion to approve the agenda as amended. seconded the motion. All voted aye. Vetsch Upon request by Berning, approval for the clerk to attend Year 2 of the Clerk's Institute was removed from the consent agenda. Vetsch made a motion to approve the minutes of the April 28, 1992, Board of Review hearing. Barthel seconded the motion. All voted aye. Vetsch made a motion to approve the minutes of the April 29, 1992, special meeting for the 1991 audit review. Barthel seconded the motion. All voted aye. The minutes of the May 4, 1992, regular City Council meeting were amended on Page 3, Paragraph 1, Line 5 to add the following: "The Counci I determines that Fehn does have access to Barthel Industrial Drive." Vetsch made a motion to approve the minutes of the May 4, 1992, Ci ty Counci I meeting as amended. Barthel seconded the motion. All voted aye. Vetsch made a motion to approve the minutes of the May 4, 1992, special joint meeting with the otsego City Council. Barthel seconded the motion. All voted aye. Vetsch made a motion to approve the minutes of the May 11, 1992, work meeting. Barthel seconded the motion. All voted aye. ~ ALBERTVILLE CITY COUNCIL May 18, 1992 Page 2 of 6 Doug Psyk addressed the Council and requested preliminary plat approval for Psyk' s 6th Addi tion. He stated he is aware that approval of the sewer extension from MPCA will not be granted until the City expands its treatment facility, however, he would like his plat to have preliminary approval so that it can be placed on the list of plats to be approved when the expansion is complete. The Council took no action on Pysk's request. Pat Eiden did not appear to address the Council. Mayor Walsh publicly congratulated the organizers of the Park Board's Spring Fling/Ice Cream Social held at City Park on Sunday, May l7. Potter made a motion directing the clerk to send letters of appreciation to those peopl e invol ved in the success of the event. Linda was directed to send a letter of congratulations to Bill Valerius upon his successful completion of the EMT training course. . The Council discussed the dips on Main Avenue between 52nd street and the elementary school. Potter made a motion to get bids to skin patch the three areas, contact each of the Council members when the bids are received and have the areas repaired. Barthel seconded the motion. All voted aye. The maintenance department has requested two temporary workers to prepare for Friendly City Days. The Council requested that a schedul e of work to be compl eted by the temporary workers be submitted before a decision is made. Linda was directed to contact Burl ington Northern Rail road about removing the dead tree along the tracks near Main Avenue. I f the rai I road does not have the tree removed, the Ci ty wi 11 remove the tree and bill the property owner. Attorney Mike Couri explained to the Council and the audience in attendance that it is appropriate for the Council to close a ~eeting to discuss attorney/client privilege matters. State statutes authorize a Council to meet in a closed session to discuss such attorney/client privilege matters. Couri recommended that the Council adjourn to a closed session to discuss attorney/client privilege matters. . Potter made a motion to adjourn to a closed session to discuss financial matters that may result in litigation as provided by law under attorney/client privilege at 8:45 PM. Vetsch seconded the motion. All voted aye. . . . ALBERTVILLE CITY COONCIL May 18, 1992 Page 3 of 6 Mayor Walsh reconvened the regular meeting of the Albertville City Council at 9:10 PM. Couri discussed the request that the City vacate a portion of 60th Street, as presented at the last Council meeting by Security Bank Northwest. It is the attorney's and the engineer's recommendation that the City not vacate property that has Ci ty utilities buried. The small triangular parcel that would make the last lot of the Eiden property a rectangular lot could be vacated if the Council so wishes. The Council directed Linda to contact Security Bank Northwest requesting that they sign an agreement to reimburse the Ci ty for all expenses incurred for procuring the requested vacation. Couri advised the Council that he is still waiting for word from the State in regard to funding Park & Ride projects. The Council told Couri that they are concerned with the legal fees al ready bi II ed to the Ci ty in 1992. They advised Couri to attempt to keep legal fees more in line with the budget. Lauri Winters of the Crow River News asked the Council if they would discuss the resul ts of thei r closed session. Mayor Wal sh explained that the closed session has been continued to June lst, at which time the Council may make a decision. When the Council reaches a decision, that decision will be released to the public. Barthel made a motion to amend the Zoning Ordinance, adopted December 1988 and updated February 1991, Section 4400.2 (c) allowing mini-storage facilities as a permitted use, as recommended by the Planning & Zoning Commission. Vetsch seconded the motion. All voted aye. Barthel made a motion to amend the City's Zoning Ordinance, adopted December 1988 and updated February 1991, Section 4400.4, Conditional Uses, to include multiple warehouse buildings on one lot by conditional use permit. Vetsch seconded the motion. All voted aye. The Council reviewed the preliminary plat for Barthel's Commercial Park. Couri recommended that the Ci ty require the street fronting Lot l, Block 2 to be improved to City standards. Barthels told the Council that the street would not be dedicated to the City at this time and would only be used as a driveway until some point in the future, at which time they would agree to dedicate the street and improve it to City specs. Potter made a motion to grant preliminary plat approval for Barthel's Commercial Park subject to a developer's agreement being worked out to address the street dedication question, drainage, and escrow amounts. Barthel seconded the motion. All voted aye. . . . ALBERTVILLE CITY COONCIL May 18, 1992 Page 4 of 6 Based on the May 12,l992, recommendation of the Planning & Zoning Commdssion, Barthel made a motion to approve the final site plan for Lot 1, Block 2, Barthel Commercial Park, with the condition that crushed rock be used as surfacing only until such time as a second building is erected. When the second building is erected, blacktop will be required. Vetsch seconded the motion. All voted aye. Potter made a motion to approve the preliminary plat for Westwind Fourth Addition with the following conditions: (l) Park access be changed to show a drive between Lots 3 & 4 and that a 15' walkway be added at the east end of the park property for easier access to the park. (2) Developer will install and pay cost of a fence along the detention pond berm if the City Engineer determines that the slope of the berm warrants. (3) Developer installs a hard surface mat on Kahler Drive along Outlots A & B, connecting Westwind 4th Addition to County Road 37. (4) MPCA grants approval of the sewer extension. (5) A developer's agreement is signed. Barthel seconded the motion. Potter, Barthel, Vetsch and Walsh voted aye. Berning voted no. The motion carried. Don Zierke of Gruys, Borden, Carlson & Associates, explained the revisions made to the 1991 Audit Report, since the preliminary discussion of the report on April~l992. Vetsch made a motion to accept the 1991 Audit Report as presented. Berning seconded the motion. All voted aye. Based on the recommendation of Don Zierke, Barthel made a motion directing Linda to change the day-to-day operating expenses from the Park Fund to a separate department in the General Fund. Berning seconded the motion. All voted aye. The Council reviewed the letter from GAB denying the claim made by Carl and Rita Swanson for the return of the overpayment of special assessments on their property. Potter made a motion directing Linda to verify the figures presented by the Swansons and to approve payment to the Swansons of their claim of approximately $5,354.93. Berning seconded the motion. All voted aye. Engineer Thore Meyer presented the Council with three options for assessing a 50th Street improvement. Barthel made a motion to set a public hearing on the 50th street Improvement on Tuesday, June 23, 1992, at 7:30 PM. Vetsch seconded the motion. All voted aye. Thore reported that he will be meeting with Peter Raatikka, the Frankfort Township engineer, regarding the I-94/Frankfort . . . ALBERTVILLE CITY COONCIL May l8, 1992 Page 5 of 6 drainage problem. He has contacted MNDOT and funding to help pay for the project is still available. Vetsch made a motion to change the date of the next work meeting to discuss wastewater treatment expansion from May 26 to May 28 at 7:00 PM. Berning seconded the motion. All voted aye. Bernard Marx addressed the Council about extending the storm sewer through the Jim Hennum property. Thore advised Marx to submit a written letter of request, signed by both property owners involved for the City Council to consider. Vetsch made a motion to approve the Financial statement for the period April 29 - May l3. Barthel seconded the motion. All voted aye. Vetsch made a motion to approve payment of the bills (Check I's 6389-6420) as presented. Barthel seconded the motion. All voted aye. The Council reviewed the revised figures for a fire contract with a portion of Otsego. Walsh proposed that the City of Albertville present the Otsego City Council with a five year plan for capital outlay purchases. He proposed that if the capital outlay items were not purchased and/or constructed, the money paid for those outlaY~,would be refunded. Berning made a motion to approve the 3.2 Liquor License for the Albertville Fire Department for Friday, June 12, 1992 from 8:00 PM to l:OO AM. Vetsch seconded the motion. All voted aye. Berning made a motion to approve the 3.2 Liquor License for the Albertville Jaycees on May 29 (6:00 PM to ll:00 PM), May 30 (9:00 AM to 11:00 PM) and May 3l (12:00 noon to 8:00 PM). Vetsch seconded the motion. All voted aye. Berning made a motion to approve the 3.2 Liquor License for the Albertville Jaycees on June 12 (6:00 PM to ll:OO PM), June 13 (9:00 AM to l1:00 PM) and June 14 (l2:00 noon to 8:00 PM). Vetsch seconded the motion. All voted aye. Vetsch made a motion to approving the clerk to attend Year 2 of the Clerk's Institute to be held July l3-July l7. Barthel seconded the motion. Vetsch, Barthel, and Walsh voted aye. Berning voted no. Potter abstained. The motion carried. Vetsch made a motion to approve sending Ann to the Clerk's Orientation Conference July 7-9. Barthel seconded the motion. All voted aye. . . . ALBERTVILLE CITY COUNCIL May 18, 1992 Page 6 of 6 Mayor Walsh told the Council he will contact Health One about getting the lawn around the clinic mowed. Barthel made a motion to adjourn at ll:50 PM. Potter seconded the motion. All voted aye. . . . CITY OF ALBERTVILLE CONTINUATION OF BOARD OF REVIEW HEARING May 18, 1992 Albertville City Ball 7:00 PM PRESENT: Mayor James Walsh, Councilmen Duane Berning, Mike Potter and Donatus Vetsch, Clerk Linda Houghton, Wright County Assessor Duane Swenson Mayor Walsh opened the continuation of the April 28, 1992, Board of Review Hearing. Duane Swenson reported that he had reevaluated the house and property owned by Mark Bauer. be adjusted from $94,600 to attendance at the hearing. Swenson's recommendation and property at $92,900 for 1992. voted aye. He recommended that the valuation $92,900. Mr. Bauer was not in Potter made a motion to accept set the val uation on Mark Bauer's Berning seconded the motion. All Swenson expl ained that he had visi ted the Hackenmuell er' s store and checked the assessment. He found that the land was valued at $.50 per square foot and the building at $26.00 per square foot. In comparison Pat's 66 building is valued at $30 per square foot. Swenson recommended that the Council leave Hack's val uation as is. Vetsch made a motion to accept Swenson's recommendation and make no change in the valuation of the Hackenmueller's property. Potter seconded the motion. All voted aye. Swenson reported that the County is sti II using the same policy for the assessment of empty lots in a development as in the past. Wally O'Dell told Swenson and the Council that he is aware that there is a newly passed state statute providing that on plats filed after August 1, 1991, only one-third can be assessed per year on lots not built upon. The Council directed Swenson to contact the City if the statute has been passed. Potter made a motion to leave the valuation as is for the time being. If a new statute has been passed, the County will automatically adjust those affected lots. Vetsch seconded the motion. All voted aye. Swenson reported that upon inspection he found approximately 1.65 acres of the Margaret HEinen property is waste (cattails and water). He recommended that the assessed value on the 3.65 acre parcel be lowered from $l5,100 to $8,100. Walsh made a motion to accept Swenson's recommendation and lower the assessed value of Margaret Heinen's property to $8,lOO. Potter seconded the motion. All voted aye. . Potter made a motion to adjourn the Board of Review Hearing at 7:25 PM. Berning seconded the moti All v ted aye. . .