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1996-04-01 CC Minutes . ALBER~ILLE CI~Y OOURCIL April 1, 1996 Albertville City Hall 7:00 PM PRESENT: Mayor Michael Potter, Councilmembers Sharon Anderson (10: 00 PM), Duane Berning, and John Vetsch, Ci ty Administrator Garrison Hal e, Ci ty Cl erk Linda Houghton, Ci ty Engineer Peter Carlson, and City Attorney Mike Couri Mayor Potter called the regular meeting of the Albertville City Council to order. . The agenda was amended as follows: (1) Add Item 51 - Receive letter from Steve Buebel, Holmes & Graven, regarding Local Tax Assistance (2) Add Item 5m Receive letter from Virgil Hawkins regarding CSAH 19/37 (3) Delete all Liquors License Approvals except the off Sale License for Hackenmueller's due to failure of 152 Club, KD's Family Restaurant and Albertville Bar to complete and submit application (4) Add CMIF Project and Mowing Contracted Service under Council Reports (5) Add 7v - qity Engineer resignation The amended agenda was approved by consensus of the Council. Berning made a motion to approve the minutes of the March 4, 1996, regular City Council meeting, and the minutes of the special meetings conducted on March 11, March 18, and March 26, 1996, as presented. Vetsch seconded the motion. All voted aye. Vetsch made a motion to approve payment of Check #'s 1546-1556 and Check #'s 10055-10058 and Check #'s 10060-10083 as presented. Check #10059 to Danko will be voided and replacement check #10084 will be issued when the amount due is verified. Berning seconded the motion. All voted aye. Mayor Potter asked if anyone in the audience wished to address the Council under Community Forum. No one asked to address the Council. Berning made a motion to reinstate approval of the Licenses for the Albertville Bar because Owner Frank presented his completed application and first half payment. seconded the motion. All voted aye. Liquor Hardy Vetsch Berning made a motion to approve the Financial Statement for the period February 28 - March 27 as presented. Vetsch seconded the motion. All voted aye. . Berning made a motion to approve the Follow-Up sheet from the March 4, 1996, meeting as presented. Vetsch seconded the motion. All voted aye. . . . ALBERTVILLE CITY COUNCIL April 1, 1996 Page 2 of 8 Berning made a motion to Operation Report as presented. voted aye. accept February 1996 Wastewater Vetsch seconded the motion. All Berning made a motion to accept the February 26, 1996, and the March 25, 1996, Joint Powers Board minutes as presented. Vetsch seconded the motion. All voted aye. Berning made a motion to approve the Sunday, On Sale and Off Sale Liquor Licenses for the Albertville Bar for the period April 16, 1996 through April 15, 1997, and the Off Sale Liquor License for Hackenmueller's for the same period. Vetsch seconded the motion. All voted aye. Berning made a motion to approve the request Albertville Queen Committee to use the City Hall parking car wash on May 18, 1996. Vetsch seconded the motion. aye. from the lot for a All voted Berning made a motion to adopt RESOLUTION '1996-19 titled ESTABLISHING A PROCEDURE FOR PERSONNEL RECORDS. Vetsch seconded the motion. All voted aye. Berning made a motion to adopt RESOLUTION '1996-30 titled ESTABLISHING A POLICY FOR PERSONAL TELEPHONE CALLS. Vetsch seconded the motion. All voted aye. Berning made a motion to adopt RESOLUTION '1996-31 ti tl ed ESTABLISHING A WORK ORDER/REQUEST FORM. Vetsch seconded the motion. All voted aye. Berning made a motion to adopt RESOLUTION '1996-36 ti tIed ESTABLISHING A CITY COUNCIL POLICY ON THE AUTHORITY TO CLOSE CITY FACILITIES AS MAY BE REQUIRED. Vetsch seconded the motion. All voted aye. Berning made a motion to adopt ORDINANCE '1996-8 titled AN ORDINANCE AMENDING INTERIM ORDINANCE '1995-12, EXTENDING THE ONE YEAR MORATORIUM PROHIBITING THE DEVELOPMENT OF TWO FAMILY DWELLING UNITS IN NEW PLATS WITHIN R-3, RESIDENTIAL SINGLE AND TWO-FAMILY ZONING DISTRICTS. Vetsch seconded the motion. All voted aye. Jim Krystosek, Century 21, recommended that the Council consider increasing the asking price for the water tower lot to $29,900 from the current $27,500. Krystosek explained that interested parties expect that sewer is stubbed to the property line and, consequently, deduct the cost of the stub from the price they offer. . . . ALBERTVILLE CITY COUNCIL April 1, 1996 Page 3 of 8 Berning made a motion to set the asking price for the water tower lot at $29,900. Vetsch seconded the motion. All voted aye. Frank Hardy, representing the Albertville Area Softball Association, requested use of the softball field on Thursday nights from May 2 through August 11. He indicated he has met with the Youth Baseball League and they agree with that schedule. Since the field will be in use only one night per week this year, and Hardy is willing to chalk and drag the field himself on Thursday mornings, he requested the Council consider reducing the fee per team from $50 to $25. There are ten teams in the league. Berning made a motion to approve use of the ball field on Thursday evenings from May - August for the Albertvi 11 e Area Softball Association at a fee of $25 per team for the ten teams in the league. Vetsch seconded the motion. All voted aye. The City has received three bids for the sale of the water truck. Mayor Potter explained that the new pumper truck will be out of service for a week or so while warranty work is being completed. Therefore, the Fire Department will need to put the old water truck in service again during the warranty work. Berning made a motion to open and receive the three bids but table award of the sale until the new tanker truck is in service. Vetsch seconded the motion. All voted aye. The three bids for the water truck Omann Brothers Dan Hanson Don Anderson recieved are: $802.00 $800.00 $910.00 Preston Van Schepen, representing PSG, reviewed the monthly wastewater report with the Council. He explained that the plant has been over the phosphorous limits in January and February. PSG is continuing to study the problem and expect a solution will be found soon. Van Schepen also explained that two new meters used for testing may need to be acquired. He also reported the City of Delano may consider selling two fall protection devices for use in lift stations. The 52nd Street lift station is not equipped with a fall protection device and PSG is currently negotiating prices with the City of Delano to purchase the equipment. The Ci ty received two bids for street sweeping. T & S Trucking bid $52 per hour and Astech bid $59 per hour. Berning made a motion to award the street sweeping bid to T & S Trucking at a cost of $52 per hour. Vetsch seconded the motion. All voted aye. . ALBERTVILLE CITY COUNCIL April I, 1996 Page 4 of 8 Berning made a motion to approve the Kornovich TOl-Inhouse Development site plan as recommended by the Planning Commission on March 12, 1996, subject to the following: (1) The developer will comply with the conditions recommended by the city's planner and engineer. (2) Each unit of the townhouses will have one single stall attached garage. (3) The developer enters into a Developer's Agreement witB\ the City. Vetsch seconded the motion. All voted aye. As recommended by the Planning Commission on March 12, 1996, Berning made a motion to adopt RESOLUTION 1996-28 titled A RESOLUTION AMENDING THE COMPREHENSIVE PLAN from public/semi-public and low density residential to commercial designation on the property owned by 5 Heirs LLC (Scott Winer). Vetsch seconded the motion. All voted aye. . As recommended by the Planning Commission on March 12, 1996, Berning made a motion to adopt ORDINANCE '1996-10 titled AN ORDINANCE AMENDING ORDINANCE '1988-12 (MAP AMENDMENT) rezoning the property owned by 5 Heirs LLC (Scott Winer) from A-I (Agricultural Rural District) to B-3 (Highway Commercial District). Vetsch seconded the motion. All voted aye. As recommended by the Planning Commission on March 12, 1996, Potter made a motion to adopt RESOLUTION 1996-29 titled A RESOLUTION AMENDING THE COMPREHENSIVE PLAN from rural designation to low density residential on the property owned by Little Mountain Development. Vetsch seconded the motion. All voted aye. As recommended by the Planning Commission on March 12, 1996, Potter made a motion to adopt ORDINANCE '1996-11 titled AN ORDINANCE AMENDING ORDINANCE '1988-12 (MAP AMENDMENT) rezoning the property owned by Little Mountain Development from A-I (Agricultural Rural District) to R-l (Residential District - Single Family). Vetsch seconded the motion. All voted aye. Berning made a motion to adopt ORDINANCE '1996-9 titled AN ORDINANCE REGULATING THE PRESENCE AND CONDUCT OF MINORS ON STREETS AND OTHER PUBLIC PLACES; DEFINING DUTIES OF PARENTS OR OTHERS IN THE CARE OF MINORS; PROVIDING FOR PROCEDURES AND PENALTIES FOR VIOLATIONS THEREOF. Vetsch seconded the motion. All voted aye. . David Hinnenkamp, representing Kern, DeWenter, Viere, Ltd., reviewed the 1995 Audited Financial Statement and the Memorandum on Accounting Policies and Procedures and Internal Control Structure with the Council. Hinnenkamp also presented a list of recommendations for the City Council to consider for 1996 regarding . ALBERTVILLE CIYf COO8CIL April 1, 1996 P.ge 5 of 8 est.blisbing . "Closed Bond Issues" Debt Service Fund and a "Revolving C.pit.l" C.pit.l Projects Pund. He .lso recOl'Bended a review of .11 c.pital projects funds .nd tbe closure of tbose wbicb will not bave .pecific.llf identifi.ble revenue sources. Potter made a BlOtion to .pprove the 1995 Audit Report and to di rect the Pinance C~ t tee to con.ider the audi tor's rec~nd.tion. and to .uthori.e the Pin.nce C~ittee to t.ke appropri.te action. Vetach aeconded the ~tion. All voted afe. Citf Engineer Pete Carl.on r.viewed the plans and specific.tioDS for the lorth Front.ge Road S.nit.rf S.wer Project with the Council. As proposed the pl.ns call for an eight inch (8") _in running in and along the gr.v.l front.ge road with a jacking under C8AB 37 with. ..nhol. on the .outh side. The plans wi 11 need- to be r.vi.ed if the Ci tJ wi.h.a to .erv. the area in Fr.nkfort 7own.hip c.rrentlf petitioned for .nnex.tion. Carlson r.c~ded the Citf del.f .dv.rti.ing for bids for thi. project until more i. known reg.rding the .nn.xation petition.. . lerning ...de . motion to t.ble discus.ion of R..olution 11996- 33 until the May 5, 1996, meeting. Vet.ch seconded the motion. All voted .f.. Engine.r C.rl.on .nnounced that hi. re.ign.tion from Short, Elliott.. H.ndrick.on i. effective on April 12, 1996. He will attend the City's April 15 public he.ring.. ~he Council .ccepted hi. r..ign.tion with r.gret. City Attorney Couri expl.ined the Virgil Pouliot special ......-nt qu..tion to th. Council in . .-0 elated March 22, 1996. Couri .dvi..d th.t the city i. not l.g.lly r..ponsible for the .itu.tion, bow.v.r, the City is .ff.cted by the ........nt currently not being collected on the t.x roll.. Couri .ugge.ted one .olution to the prohl.. for the Citr i. to r.fuse to ia.ue . building p.~t for the vac.nt lot .butting Land.r Avenue on the ground. that tbe lot wa not prop.rty .ubdivided and i. therefore not a build.ble lot. . Berning made. motion to deny a building permit for tbe Lander Avenue lot until it h.. been subdivided and directing the administr.tor to notify the property owner of the situation. Vetsch seconded th. motion. All voted aye. Th. Council .1.0 reviewed the -.mo dated March 22, 1996, from City Attorney Couri reg.rding the Frankfort dr.in.ge i..ue. In light of the r.cent .nn.x.tion-rel.ted events between Frankfort and Albertville, Couri rec~ded that the citf con.ider delaying litigation ag.in.t Fr.nkfort !fownship at this time. Engineer Carl.on di.agreed with Couri's rec~nd.tion. MRDOT is eager to . ALBERTVILLE CITY COUNCIL April I, 1996 Page 6 of 8 have the problem corrected as soon as possible to avoid further damages to 1-94. He recommended the City proceed with litigation. It was the consensus of the Council the city attorney will draft a litigation complaint against Frankfort Township at this time. City Engineer Carlson reviewed the Northwest Drainage study Feasibility study with the Council. Estimated cost of the project is $195,180. That figure does not include land acquisition costs. Drainage assessment rates are usually determined on an area basis and are probably difficult to assess 100%. There are approximately 19.8 acres draining to the proposed improvement. If the project were assessed 100%, the assessment rate would be approximatel y $10,000 per acre. Carlson feels this assessment rate is too high and there would have to be some level of participation in the cost by the City. Berning made a motion to approve RESOLUTION 11996-32 titled A RESOLUTION ACCEPTING FEASIBILITY STUDY AND ORDERING A PUBLIC HEARING FOR THE NORTHWEST DRAINAGE PROJECT. Vetsch seconded the motion. All voted aye. . Carlson and Hale will set up a meeting to discuss the proposed improvement with the property owners next week prior to the public hearing on April 15. (Councilmember Anderson arrived at the meeting at 10:00 PM.) Carlson next discussed the feasibility of water and sewer extensions north of 1-94. Preliminary construction cost figures for sewer extension to the area is $316,000, with additional soft cost of approximately $149,000. Lateral benefit that could be assessed for the sewer project would be approximately $149,000. The remaining costs of $316,000 would be the trunk sewer charge divided over a total of 228 acres ($1386 per acre). The water extension north of 1-94 would consist of a 12" water main and the estimated construction cost is $542,000, plus estimated soft costs of $217,000. Later benefit to be assessed for the water is approximately $246,000, leaving a trunk water charge of $513,000 spread over 277 benefitted acres, or $1,851 per acre. Other options should be explored to lower the cost of the pro ject. Since Carl son wi 11 be 1 eaving SEH soon, he did not complete the feasibility studies for other options. . Berning made a motion to table RESOLUTION #1996-34 and RESOLUTION #1996-35 accepting the feasibility reports and setting public hearings for the sewer and water main extension north of 1- 94 until more information is known. Anderson seconded the motion. All voted aye. . ALBERTVILLE CITY COUNCIL April 1, 1996 Page 7 of 8 Berning made a motion to table discussion of RESOLUTION #1996- 37 es tabl ishing counci I pol icy on goal s, objectives, work assignments and priorities to the Personnel Committee for review and recommendation. Anderson seconded the motion. All voted aye. The Counci I di rected the Personnel Commi t tee discuss the hiring of a temporary clerk/typist recommendation to the full Council. to and meet to make a Berning made a motion to adopt ORDINANCE '1996-12 titled AN ORDINANCE CONCERNING SPRINKLING BAN AND RESTRICTED WATER USE as recommended by the Joint Powers Board. Anderson seconded the motion. All voted aye. . The Council discussed the resolution recommended for approval by the Joint Powers Board. The resol ution provided for the imposition of charges for the use and availability of, and connection to, water and/or sewer facilities. City Attorney Couri advised that this resolution may conflict with the City's sanitary sewer resolutions and ordinances and all references to sewer should be eliminated. Couri also believes that the resolution should be submitted as an ordinance. Berning made a motion to refer the City concerns be referred to Joint Powers for consideration. Berning made a motion to table discussion on the census data information gathering procedure to the April 15th special meeting after the April 12 action of the Municipal Board is known. Anderson seconded the motion. Berning, Anderson and Vetsch voted aye. Potter voted no. The motion carried. Berning made a motion to adopt RESOLUTION #1996-38 ti tl ed RESOLUTION CALLING FOR HEARING ON IMPROVEMENT setting a public hearing on the CSAH 19/37 improvement at 7:45 PM on May 6, 1996. Anderson seconded the motion. All voted aye. Potter made a motion to recommend the use of a $10,000 grant from Central Minnesota Initiative Fund for a Parks/Trail Comprehensive Plan and to advise the Planning Commission of the same. Anderson seconded the motion. All voted aye. Mayor Potter explained that the Public Works Committee has reviewed the bids for contracted mowing service. The Commi t tee will meet again one more time to discuss the bids prior to making a recommendation to the Council. . Berning made a motion to establish a special meeting of the City Council for April 15, 1996, at 7:00 PM. Anderson seconded the motion. All voted aye. . ALBERTVILLE CITY COUNCIL April 1, 1996 Page 8 of 8 Berning made a motion to adjourn at 11: 15 PM. seconded the motion. All voted aye. Anderson //JII/J!Jl&r Michael Potter, Mayoc . .