1993-04-05 CC Minutes
Albertville City Hall
7:30 PM
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ALBERTVILLE CITY COUNCIL
April 5, 1993
PRESENT: Mayor Mike Potter, Councilmembers Duane Berning,
Sharon Anderson, Albert Barthel, John Vetsch, City Attorney Mike
Couri, City Engineer Thore Meyer, and Secretary Ann Culley.
Mayor Potter called the regular meeting of the Albertville
City Council to order at 8:40 PM.
The agenda was amended by adding the following under
Administration:
(1) Set up meeting of Fire Committee
(2) Set date for composting
(3) Clarify release of minutes
Berning made a motion to approve the agenda as amended. The
motion was seconded by Anderson. All voted aye.
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Berning requested that check #7354 to Meyer-Rohlin and check
#7364 to Radzwill Law Office be removed from the consent agenda
until the fees have been clarified. Berning further requested that
the Liquor Permit for the 152 Club be amended to specify the
closing time as 12:00 AM. Berning made a motion to approve the
amended consent agenda. Barthel seconded the motion. All voted
aye.
Berning requested that the date of origination and the
completion dates be included on all future follow up sheets.
Berning made a motion to approve the follow-up sheet for the March
15, 1993 meeting. Barthel seconded the motion. All voted aye.
Potter requested that the minutes of the March 15, 1993
meeting be amended on page 6, paragraph one to reflect that Carol
Larson did return his call, however, not in a timely manner. He
further stated that Larson did not initiate any calls to him, the
City Council, or City Hall after the decision was made to change
official newspapers. Berning made a motion to approve the amended
minutes of the March 1, 1993, meeting as submitted. Anderson
seconded the motion. All voted aye.
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Brian Bebeau addressed the Council regarding the problems he
has encountered in trying to hook up to the City sewer system. The
contractor did not properly mark the location of the stub. Meyer
stated that the contractor measured incorrectly and the line has
since been televised and will be properly located for Bebeau.
Bebeau has requested that he be allowed to submit a claim against
Kadlec Construction for the $350 already spent trying to locate the
stub and the additional sod ripped up due to this problem. Bebeau
further stated that there is an 8" sag at the edge of his driveway
which needs to be filled. The Council advised Bebeau to get copies
of his additional costs to Thore and he will forward to Kadlec.
Virgil Pouliot addressed the Council regarding problems he is
having with special assessments on his property tax statement.
Pouliot stated that he thinks these assessments were to have been
levied against a property which he has since sold, not the property
at which he now resides. He stated that he thinks the special
assessment was deferred at the time he granted an easement to the
City for Lander Avenue, but is not really certain. The Council
directed Ann to check the minutes of the April 16, 1985 Council
meeting to forward the information to Couri, who will further
research the situation and report back to the Council.
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ALBERTVILLE CITY COUNCIL
April 5, 1993
Page 2 of 6
The Council further directed Thore to include in this claim to
Kadlec any additional costs incurred on behalf of the City due to
Kadlec's oversight.
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Russ Voght was present to address the Council regarding the
complaint from Ben Hergel regarding a possible septic problem on
the Ralph Ackerman property. Voght stated that the Ackerman yard
is almost always wet and that the septic odor is very offensive,
especially during the summer months. The Council directed Ann to
contact Kevin Mealhouse to research the situation and report back
to the Council. The Council will advise Voght of the findings.
Berning made a motion, per the recommendation from the
Planning Commission, to approve the variance for Steffens Brothers
Meats, Inc., allowing them to place their sign under that of Pat's
66 with the stipulation that no further pylon signs will be allowed
for either property owner and that if, in the future, the Steffens
sign is removed, the variance will become null and void. Anderson
seconded the motion. All voted aye.
Vetsch made a motion to allow Mike Potter to sign the permit
application, as acting Zoning Administrator in the absence of
Houghton, in an effort to expedite issuance of the permit for
Steffens Brothers Meats, Inc. Anderson seconded the motion. All
voted aye.
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The drainage problems on the Voght/Roden properties were
addressed. Meyer stated that he had reviewed the old topography
map of that area, dating back to before PPM was built, and that the
high point was the Ackerman' s driveway and that the water was
directed to run to either side of the driveways. Meyer stated that
he had contacted the County and they had indicated that they may be
willing to assist in cleaning out both the culvert and the ditch.
Voght will coordinate these efforts with Meyer and Fingalson,
County Engineer.
City Attorney, Mike Couri, left the meeting at 10:10 PM.
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ALBERTVILLE CITY COUNCIL
April 5, 1993
Page 3 of 6
Berning made a motion to recess the public meeting at 9:25 PM
and to enter into a closed meeting to discuss settlement proposals
and litigation strategy between the City and Douglas and Beatrice
Psyk and John-George, Inc. regarding assessment appeals.
The public meeting was reconvened at 9:55 PM.
The Council addressed Berning's concerns regarding check #7364
to Radzwill Law Office, page two of the Sewer Bill. Couri
explained the questions to the satisfaction.
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The memo from Wright County Dated March 18, 1993, regarding
Pavement Striping and Markings was addressed. Ann stated that she
had talked to Ken Lindsay and he was uncertain whether or not there
was any funding in the ' 93 budget for this type of project.
Berning stated that he thought there was and he would check his
records. The Council noted that the deadline for application was
April 2, 1993.
The Council directed Ann to check with the City Attorney to
determine the best way for the City to dispose of its surplus
equipment as noted in the memo from Lindsay and dated March 23,
1993.
Thore Meyer addressed his letter to the Council regarding the
traffic problem on 51st Street. Meyer stated that the state is
emphatic that no stop signs be placed in the middle of the street
due to the fact that driver awareness of such placement is very
poor. Potter suggested that the City may be able to relocate the
"Children at Play" sign for better visibility. He further
suggested that the City could possibly obtain a larger "Children at
Play" sign to aid in promoting driver awareness.
Meyer stated that he will have to wait until the water level
is down before he is able to assess the condition of the culverts
on Andy Savitski's property. Meyer will gather more information
and will report to the Council at the May 3, 1993, meeting.
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Meyer stated that construction on the sidewalks on Main Avenue
will begin first thing this spring. Potter stated that he wants
the Main Avenue sidewalks completed prior to Albertville Friendly
City Days.
Berning made a motion to readopt the Findings of Fact dated
December 22, 1992, as they relate to the proposed Adult Use
Ordinance, per the recommendation of the Planning Commission.
Anderson seconded the motion. All voted aye.
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ALBERTVILLE CITY COUNCIL
April 5. 1993
Page 4 of 6
The Council questioned Meyer as to why the bill from Ericksen
Ellison and Associates was more than the $7500 maximum fee which
was quoted. Meyer stated that although some further work had been
requested, he has requested further explanation from Ericksen
Ellison regarding their billing. Meyer suggested that the Council
pay Ericksen Ellison $4,687.98 and wai t with paying anything
further until he has received a satisfactory response from Ericksen
Ellison.
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Barthel made a motion to adopt Ordinance #1993-4 entitled AN
ORDINANCE AMENDING ORDINANCE #1988-12 OF THE CITY OF ALBERTVILLE
RELATING TO THE DEFINITION OF ADULT USES; GENERAL PROVISIONS FOR
ADULT USES; REGULATION OF ADULT USES-ACCESSORY WITHIN THE B-1, B-3.
B-4. AND B-W DISTRICTS; REGULATION OF ADULT USES-PRINCIPAL WITHIN
THE B-3. HIGHWAY COMMERCIAL DISTRICT WITH CARRYOVER INTO THE B-4
AND B-W DISTRICTS, per the recommendation of the Planning
Commission. The motion was seconded by Anderson. All voted aye.
Barthel made a motion to approve Ordinance #1993-5 entitled AN
ORDINANCE AMENDING ORDINANCE #1988-12, THE LAND USE (ZONING)
REGULATIONS OF THE CITY OF ALBERTVILLE BY ESTABLISHING A B-W.
BUSINESS WAREHOUSING ZONING DISTRICT, per the recommendation of the
Planning Commission. The motion was seconded by Vetsch. All voted
aye.
Anderson made a motion to adopt Ordinance #1993-6 entitled AN
ORDINANCE AMENDING SECTION 1100.4 OF THE ALBERTVILLE LAND USE
(ZONING) REGULATIONS (1988-12) ADDRESSING BUILDING TYPE AND
CONSTRUCTION STANDARDS, per the recommendation of the Planning
Commission. Berning seconded the motion. All voted aye.
Vetsch made a motion to pass Resolution #1993-8, AMENDING THE
COMPREHENSIVE PLAN FOR THE CITY OF ALBERTVILLE, MINNESOTA, per the
recommendation of the Planning Commission. Berning seconded the
motion. All voted aye.
Berning made a motion to approve the financial statement as
submitted. Barthel seconded the motion. All voted aye.
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Berning made a motion to approve the bills, check #7332 -
check #7375, except check #7354 to Meyer-Rohlin and check #7364 to
Radzwill Law Office. Barthel seconded the motion. All voted aye.
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Potter mentioned that
appliance removal program.
any developments.
the County is working on a large
He will keep the Council informed of
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ALBERTVILLE CITY COUNCIL
April 5, 1993
Page 5 of 6
Berning made a motion to approve the liquor permit for the 152
Club, Softball Fund Raiser at City Park April 23, 24, and 25,
subject to closing time being 12:00 AM. The motion was seconded by
Barthel. All voted aye.
Berning made a motion to approve the liquor licenses for
Hackenmueller's, Off Sale; K.D.'s Family Restaurant, On Sale and
Sunday; Albertville Bar, On Sale, Off Sale, and Sunday; 152 Club,
On Sale, Off Sale, and Sunday. Barthel seconded the motion. All
voted aye.
A joint meeting with the Council, Park Board, and Planning
Commission is scheduled for Monday, May 10, 1993, at 7:00 PM to
discuss and review the City's Comprehensive Plan.
The Council directed Houghton to contact Donna at the Joint
Powers Board and clarify how they want their request to hold the
developer's escrow deposit handled.
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Meyer stated that the Joint Powers Board has approved the use
of PVC for water mains and questioned if the Council was in
agreement with this. Potter stated that the Joint Powers Board is
leaving the decision of whether or not to use PVC to each city.
Meyer stated he would check into this further.
The first meeting of the Personnel Committee is scheduled for
Thursday, April 15, 1993, at 8:30 AM.
The consensus of the Council is that there is no need for a
work session for the Council at this time.
Potter recommended that Berning and Anderson, Fire Committee,
meet with Black and Fournier of Otsego to discuss the possibility
of extending fire service to Otsego. The Council directed Ann to
contact Elaine at Otsego City Hall and advise her that this
Committee has been formed and that they should schedule a date to
meet and discuss the situation.
The Council discussed spring composting. Potter and Vetsch
volunteered to help the Maintenance Department in picking up the
composting materials. It was felt that a Monday would be a good
day and that the first part of May would be best. Potter will
coordinate with Lindsay,
Barthel made a
seconded the motion.
mot ion to adj ourn
All voted aye.
at
11 : 25 PM .
Berning
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ALBERTVILLE CITY COUNCIL
April 5, 1993
Page 6 of 6
Berning requested and the rest of the Council agreed that in
the future all unapproved minutes of meetings will carry a note
stating "Tentative notes of the meeting and may have inaccuracies
within them". The Council agreed that all approved minutes are to
be faxed to the Wright County .Journal Press the morning after
approval.
Under Other Business, the Council addressed a memo they had
received from Ann Culley regarding a harassing phone call received
at her home. The Council stated that they do not condone nor
encourage any action of this nature and further stated that all
complaints should be addressed in an orderly manner at a public
forum.
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Michael Potter, Mayor
Ann Culley, Secretary
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