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1993-04-05 CC Minutes Albertville City Hall 7:30 PM . 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. . 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. . 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. . 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. . 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. . 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. . 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. . 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. . 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. . 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. . 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. . 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. . Potter mentioned that appliance removal program. any developments. the County is working on a large He will keep the Council informed of . 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. . 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 . 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. . ~/% Michael Potter, Mayor Ann Culley, Secretary .