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1996-05-06 CC Minutes• ALBERTVILLE CITY COUNCIL May 6, 1996 Albertville City Hall 7:00 PM PRESENT: Mayor Michael Potter, Councilmembers Curt Muyres, Sharon Anderson (10:05 PM), Duane Berning, and John Vetsch, City Administrator Garrison Hale, City Clerk Linda Houghton, City 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 5o - Award bid for sale of water tanker truck to Don Anderson for $910 with delivery on or before May 20, 1996 (2) Add Item 9d - Fire Committee Report (3) Add Item 9e - Senior Housing Discussion (4) Add Item 9f - Finance Committee Report Berning made a motion to approve the agenda as amended. Muyres seconded the motion. All voted aye. Berning made a motion to approve the minutes of the April 1, • 1996, regular City Council meeting, the minutes of the special meetings conducted on April 10 and April 15, 1996, and the minutes of the April 10, 1996, Board of Review Hearing as presented. Muyres seconded the motion. All voted aye. Muyres made a motion to approve payment of Check Vs 10116- 10158 as presented. Berning seconded the motion. All voted aye. Mayor Potter asked if anyone in the audience wished to address the Council under Community Forum. Bernie Marx told the Council he feels the City should correct the drainage on his property since he has been asked to donate nearly three-quarters of an acre of land for the County Road realignment project. Muyres made a motion to approve the Financial Statement for the period March 28 - May 1 as presented. Vetsch seconded the motion. All voted aye. Muyres made a motion to approve the Follow -Up sheet from the April 1, 1996, meeting as presented. Vetsch seconded the motion. All voted aye. Muyres made a motion to accept March 1996 Wastewater Operation • Report as presented. Vetsch seconded the motion. All voted aye. Muyres made a motion to approve a 3.2 Non -Intoxicating Liquor License for the 152 Club Softball Team from 8:00 AM to 8:00 PM on May 17th and May 18th at City Park. Vetsch seconded the motion. • ALBERTVILLE CITY COUNCIL May 6, 1996 Page 2 of 8 All voted aye. Muyres made a motion to approve City participation in the Certification of Local Performance Measures Aid Payable in 1997. Vetsch seconded the motion. All voted aye. Muyres made a motion to approve the rate increase from $8 to $9 for daily impound charges and from $25 to $27 for disposal of unclaimed animals in the Animal Impound Agreement with the City of Monticello. Vetsch seconded the motion. All voted aye. Muyres made a motion to accept the LMCIT Property and Casualty Inspection Report as presented. Vetsch seconded the motion. All voted aye. Muyres made a motion to approve the City Departments Report as presented. Vetsch seconded the motion. All voted aye. Muyres made a motion to appoint Councilmember Muyres as the second representative on the Annexation Committee. Vetsch seconded • the motion. All voted aye. Muyres made a motion to approve the purchase of playground equipment for Westwind Park from Earl. F. Anderson, Inc. in the amount of $22,295.78. Vetsch seconded the motion. All voted aye. Muyres made amotion to approve the request from the Albertville Friendly City Days Committee to close various City streets during Friendly City Days June 6th - June loth. Vetsch seconded the motion. All voted aye. Muyres made a motion to approve the request from Albertville Friendly City Days Committee to extend City Park hours to 1:00 AM on Friday, June 7, 1996, and to 12:00 Midnight on Saturday, June 8, 1996. Vetsch seconded the motion. All voted aye. Muyres made a motion to accept the State Demographer's Office 1995 population estimate of 2,114 and the 1995 household estimate at 718. Vetsch seconded the motion. All voted aye. Muyres made a motion to adopt RESOLUTION #1996-41 titled ESTABLISHING A CAPITALIZATION POLICY. Vetsch seconded the motion. All voted aye. Muyres made a motion to award the sale of the old tanker truck • to Don Anderson for $910. Delivery of the vehicle will be on or before May 20th. Vetsch seconded the motion. All voted aye. Jim Valerius, President of the STMA Youth Hockey Association, explained that the association has applied for a state -funded • ALBERTVILLE CITY COUNCIL May 6, 1996 Page 3 of 8 Mighty Ducks grant to help finance the proposed hockey arena. The application was rejected because the association did not have governmental support. The Association is applying again for the grant and is requesting that the City of Albertville enter into an Partnership Agreement to facilitate the application. The agreement would not require any financial commitment from the City but may require that the City agrees to plow the parking lot and/or mow the grounds. The Hockey Association will also be contacting the school district to request support for the arena. Similar agreements have been drafted between associations and cities in Blaine and in Elk River. Muyres made a motion to table a decision on City participation until the attorney and the administrator have the opportunity to review sample agreements and STMA Youth Hockey Association's application for the Mighty Ducks grant. Vetsch seconded the motion. All voted aye. Jim Krystosek reviewed the counter offer proposed for the purchase of the water tower lot. The offer is a non -contingent • offer for $26,500 with a July 26 or sooner closing. The buyer agrees to pay for the soil borings on the lot but requests that the City (seller) pay for the lot survey. Berning made a motion accepting the offer to purchase the water tower lot from David and Virginia Carlson in the amount of $26,500. Muyres seconded the motion. All voted aye. The Council reviewed RESOLUTION #1996-33 titled A RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT OF BIDS FOR THE NORTH FRONTAGE ROAD SANITARY SEWER PROJECT. City Attorney Couri explained that state law requires that a project be accepted within six months of the public hearing or another public hearing must be conducted. Because of uncertainties regarding sizing of the pipe and area to be served by the sanitary sewer, Berning made a motion to table RESOLUTION #1996-33 indefinitely. Muyres seconded the motion. All voted aye. The City has been advised that the illegal fence at 6247 62nd Street NE has not yet been brought into compliance with city ordinances. City Attorney Couri explained that he had sent a certified letter to the property owners, but the property owner refused to accept the letter. The consensus of the Council is to have the Sheriff's Department hand deliver the letter to the owner prior to further action by the City. . The Council discussed the non -conforming use of property at 5667 Main Avenue NE. The lower level of the building is commercial and the upper level is residential. The property owner has indicated that he will pursue rezoning on the property to bring it • ALBERTVILLE CITY COUNCIL May 6, 1996 Page 4 of 8 into compliance with city ordinances. The attorney recommended no action at this time, contingent upon a rezoning application being submitted for consideration on or before May 22, 1996. The Council reviewed the quote from Richard Miller to install storm sewer pipe on his property to complete the agreement between the City and Miller. The project was approved for construction by the City in return for an drainage easement across the Miller property. Potter made a motion directing the administrator to secure a second quote on the installation of a storm sewer pipe on the Richard Miller property and to proceed to have the project completed by the low bidder. Berning seconded the motion. All voted aye. The Council reviewed the quotes on the purchase of a new copy machine. Potter made a motion authorizing staff to select and order the copy machine best suiting their needs between the Minolta and a Toshiba copy machine and to advertise the City's old copy machine for sale by sealed bids closing June 3, 1996, at 4:30 PM. The Council will consider the bids at the June 3, 1996, regular . meeting. Vetsch seconded the motion. All voted aye. Mayor Potter opened, the public hearing to consider the realignment of County Roads 37 and 19. City Attorney Couri gave the Council an overview of the project and the options available to the Council. The three options are: (1) Full Project Option. This would improve CSAH 37/19 as proposed by Wright County. This City could finance its portion of the project through use of $180,000 in excess TIF debt service funds and by bonding for the balance. Bond sale totaling $400,000 would require a city levy of $20,000-$30,000 per year for eight years. (2) Highway 19 and West 37 Only. This option would improve only that portion of County Road 37 west of County Road 19. By choosing to proceed with this option, the City would not be required to obtain right of way from any property owner east of County Road 19 (Savitski, L & D Trucking, Peterson properties). Bonding for this project would require a City levy of $8,000- $10,000 annually for eight years. (3) No Project Option. By choosing this option the City opts not to make any improvement to the area. Couri further explained that the agreement with Wright County as proposed calls for the County to pay approximately 80% of the • total project costs. The City is responsible for securing all right of way. The County proposes to begin construction this summer on the west portion of CSAH 37 with completion of the east portion of CSAH 37 and all of CSAH 19 from 57th Street to I-94 next • ALBERTVILLE CITY COUNCIL May 6, 1996 Page 5 of 8 summer. Should the Council opt to proceed with any portion of the project, Couri advised that an appraiser should be brought in to verify benefit to specific parcels and to establish right-of-way values. Mayor Potter opened the meeting for public comment. Diane Vinge, owner of L & D Trucking, questioned if the improvement east of CSAH 19 would be constructed. She is waiting to proceed with various improvements to her property until she knows exactly what the City and County are going to do. A resident of the Westwind Addition questioned whether the proposal would include any noise reducing barriers or screening between the newly constructed street and the residential portion of the area. There are no plans for any barriers at this time. Lee Peterson questioned whether discussion with MNDOT regarding an freeway entrance/exit ramp on County Road 19 is being pursued. Mayor Potter explained he feels that eventually an • entrance/exit ramp will be constructed on County Road 19 but not immediately. There were no further comments from the audience. Attorney Couri explained that a street into Di's Hardware from 61st Street is shown on the plans. However, the City has no legal obligation to put in this street since the DJ's property actually has no present access to County Road 37. Couri recommends that if the Council proceeds with the east portion of the project, the City will put in the street to DJ's in exchange for DJ's giving the City right of way. He further recommended that an appraiser be hired to continue negotiating with property owners. However, in order to guarantee that the County can proceed with the first phase of construction this summer, Couri recommended that the Council adopt a resolution authorizing condemnation of properties for right of way purposes. Potter made a motion to proceed with the full project to improve CSAH 37/19 through an intersection realignment, to authorize the city attorney, engineer, and administrator to proceed with securing right of way and obtaining a land appraiser, and to enter into the Funding Participation and Construction Agreement with Wright County. Vetsch seconded the motion. Councilmember Berning stated he is in favor of improving the west portion of CSAH 37 only. He does not feel the City should force property owners to the east to have CSAH 37 realigned through their property. ALBERTVILLE CITY COUNCIL May 6, 1996 Page 6 of 8 Diane Vinge stated she is not against the project, but she does have concerns over how the project will affect her parking and drainage. Attorney Couri reiterated that without an appraisal on the properties it is impossible to determine the benefit/detriment there may be to the properties. Berning further added that there is a major cost difference in the levy amounts required to finance the entire project compared to financing only the west portion of the project. Couri suggested that the cooperative agreement could possibly be revised to allow the City to option out of the eastern portion of the project. However, there are no guarantees that the County would agree beyond the present time frame. Councilmember Muyres stated that he feels the project is feasible with minor impact on taxes. The levy for the General Fund Reserve could be decreased in amount equal to the levy necessary to fund the new debt. Muyres supports either proceeding with the full • project or no project. Mayor Potter called for a vote on the motion on the floor. Potter, Vetsch, Muyres and Berning voted aye. The motion carried by the necessary four -fifths of the Council. Berning made a motion to adopt RESOLUTION #1996-42 titled RESOLUTION AUTHORIZING PROCUREMENT OF LAND AND TEMPORARY CONSTRUCTION EASEMENTS FOR IMPROVEMENTS TO COUNTY HIGHWAYS 19 AND 37 BY EMINENT DOMAIN. Vetsch seconded the motion. All voted aye. Muyres made a motion authorizing Kennedy & Graven to proceed with modification of the TIF District #5 budget to include use of funds for the CSAH 37/19 Improvement Project. Vetsch seconded the motion. All voted aye. Based ont he recommendation of the Planning Commission, Muyres made a motion to grant preliminary plat approval for the Parkside 3rd Addition and to adopt the Findings of Fact and Decision regarding the plat, subject to the developer entering into a Developer's Agreement with the City. Vetsch seconded the motion. All voted aye. Muyres made a motion to refer the mowing bids to the Public Works Committee for a recommendation. Berning seconded the motion. All voted aye. • Berning made a motion to authorize the engineer to acquire an easement/permit to allow the culvert under the railroad tracks to be lowered and to proceed with the project using funding from the • ALBERTVILLE CITY COUNCIL May 6, 1996 Page 7 of 8 storm water billings and connection charges. Muyres seconded the motion. All voted aye. The Council discussed platting standards with the city engineer. City Engineer Pete Carlson explained that problems with sizing utilities are created when only a portion of a larger piece of property is presented for platting. Carlson gave the example of the proposed Summerfield Addition, a ten acre parcel, adjoining the Sylvester Kolles property. In order to determine what the proper storm sewer sizing in the Summerfield Addition, the entire Kolles property should be platted, at lease conceptually, since that property will drain through the Summerfield Addition as well. The other option Carlson discussed is that the City could determine that in similar situations the proposed plat is ruled premature and is denied on that basis. Anderson made a motion directing staff to prepare a policy regarding large parcel platting. Vetsch seconded the motion. Anderson, Vetsch, Berning, and Potter voted aye. Muyres voted no. The motion carried. Councilmember Muyres explained he voted no on the issue because he feels that the City already has a solution to the problem in determining a plat is premature. Councilmember Anderson updated the Council on the Westwind Park development. Walking paths are being cut into the park this week. Playground equipment has been ordered and will be installed by the Albertville Jaycees. Completion of Westwind Park is targeted by the end of June. Councilmember Muyres updated the Council on progress on annexation issues. A meeting with Frankfort Township has been scheduled for May 13th in an attempt to reach a compromise. The Council discussed placement of the salt shed. City Engineer Carlson feels that the City should consider purchasing some of the Skoglund Sign property and construct a Public Works building on that site along with the salt shed. The only other feasible option is to place the salt shed at the wastewater treatment site. The consensus of the Council is to construct the salt shed at the wastewater treatment facility. City Administrator Hale has met with Fire Chief Dave Vetsch about establishment of a Fire Committee to iron out building needs, recruitment and retention of membership and the Fire Relief Fund deficit. Hale recommends appointment of two Councilmembers and himself to the Fire Committee. • • • ALBERTVILLE CITY COUNCIL May 6, 1996 Page 8 of 8 Muyres made a motion to appoint Mayor Potter, Councilmember Berning and Administrator Hale to the Fire Committee. There was no second to the motion and the motion failed. Berning made a motion to appoint Mayor Potter, Councilmember Muyres and Administrator Hale to the Fire Committee. There was no second to the motion and the motion failed. Anderson made a motion to appoint Mayor Potter, Councilmember Vetsch and Administrator Hale to the Fire Committee. Muyres seconded the motion. Anderson, Muyres, Vetsch and Potter voted aye. Berning voted no. Doug Psyk, representing the CMIF Senior Housing Group, requested that the City consider purchasing 12 acres of property west of the Catholic church, have it appraised and sell a portion of the land to the Feneis Brothers for a senior housing plat. Councilmember Muyres stated that the Council has already made the decision to participate in the senior housing project only by the creation of a TIF Housing District. Councilmember Muyres reported that the Finance Committee is in the process of restructuring the City's investments through Shirley Hogan of Dain Bosworth. The Council reviewed the memo from the Public Works Department about the repair of the tractor/loader. Anderson made a motion to authorize the Public Works Department to have the tractor/loader repaired. Muyres seconded the motion. All voted aye. Councilmember Anderson commended the Public Works Department on the quality report submitted on the tractor/loader repair, which outlined rental costs, repair costs and uses for the tractor/loader. Anderson made a motion to adjourn at 11:10 PM. Muyres seconded the motion. All voted aye. 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