1997-04-15 CC Minutes Special
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ALBERTVILLE CITY OOURCIL
SPECIAL HEETIRG
April 15, 1997
Albertville City Hall
7:00 PM
PRESENT: Mayor Mark Olsen, Councilmembers Duane Berning,
Vetsch, and Patti Stalberger, City Attorney Mike Couri,
Engineer Peter Carlson, City Administrator Garrison Hale and
Clerk-Treasurer Linda Houghton
John
City
City
Mayor Olsen called the special meeting of the Albertville City
Council to order.
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The following amendments were made to the agenda:
Items 4b, 4c, and 4d - Tabled indefinitely and referred back
to the Planning and Zoning Commission
Add Item 4r - Amendment to Paragraph 2 of Resolution #1997-1
Add Item 4s - Authorize payment for the purchase of right of
way for the CSAH 19/37 Intersection Realignment Project
(1) Parcel 36 - $10,370.00 (DJ's)
(2) Parcel 34 - $10,470.00 (Andrew Savitski)
(3) Parcel 35 - $21,850.00 (Andrew Savitski)
Item 4f - Table Resolution #1997-28
Berning made a motion to approve the agenda as amended. Stalberger
seconded the motion. All voted aye.
Administrator Hale recommended that the Council consider the
concerns of the audience relating to Item 3b, a noise ordinance.
Brian and Laurie Beltrand, serving as spokespersons for the
neighbors in attendance, addressed the Council regarding the
activities of the past weekend at the house next door to theirs on
Lachman Avenue NE. According to Bel trand, the Wright County
Sheriff's Department has been called to the neighborhood 20-30
times over the past five months for juvenile drinking, loud
parties, snowmobiles and vehicles driving over neighboring
properties, etc. Another party was held the house the over the
weekend resul ting in what Bel trand described as "a near riot".
Three Wright County squad cars were present. The Wright County
deputies have told Beltrand they cannot issue citations for the
loud parties because the City does not have a noise ordinance. He
and his neighbors are asking the Council to adopt an ordinance that
will allow the deputies to cite the perpetrators.
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Sgt. Worth of the Wright County Sheriff's Department stated
that deputies had made 20 arrests in the area the night of the
party. Those citations and others previously issued have not yet
been through the court system. Worth agreed to talk wi th the
County Attorney who wi 11 prosecute the charges and suggest he
consider making a charge against the property owner, who is the
mother of one of the occupants.
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ALBERTVILLE CITY COUNCIL
April 15, 1997
Page 2 of 4
Another concern of the neighborhood is the lack of stop signs
between 54th street NE, Lambert and Lachman Avenues. The Council
took no action on the stop sign request.
The Council reviewed two sample noise ordinances from other
area communities. Assistant County Attorney Mark Erickson feels
either of the ordinances would be reasonably easy to prosecute.
After reviewing both ordinances, the Council felt the
ordinance from the City of Montrose contained the language most
appropriate for the City of Albertville. However, Subdivision 3
and Subdivision 17 will be changed to "between the hours of 5:00 PM
and 7:00 AM".
Olsen made a motion to adopt ORDINANCE '1997-4 titled NOISE,
with the stipulation that the Council will review the ordinance in
90 days to determine if the ordinance is effective as adopted.
Vetsch seconded the motion. All voted aye.
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Vetsch made a motion to table ORDINANCE '1997-5 (AN ORDINANCE
REGULATING THE OPERATION OF SNOWMOBILES AND OTHER RECREATIONAL
MOTOR VEHICLES) for further revisions. Berning seconded the
motion. All voted aye.
Olsen made a motion to approve RESOLUTION '1997-29 titled
RESOLUTION CLOSING CITY FUNDS as recommended by Kern, DeWenter,
Viere, the city's auditing firm. Vetsch seconded the motion. All
voted aye.
City Auditor Dave Hinnecamp of Kenr, DeWenter, Viere of st.
Cloud, MN, reviewed the 1996 Audit Report with the Council.
Hinnecamp reported that the City is in good financial standing.
The budgeting process continues to be good. The general fund is
very near to maintaining a six month operating reserve, one of the
goals of the City Council over the past few years.
Hinnecamp recommended that the Council transfer the $276,056
in reserved capital projects funds now included in the general fund
to a separate fund and to move the pay-as-you-go tax increment for
Fraser Steel from the general fund to another separate fund.
01 sen made a moti on to approve
presented, to accept the management
Hinnecamp's recommendations. Berning
voted aye.
the 1996 audi t report as
letter, and to implement
seconded the motion. All
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City Administrator Hale updated the Council on the proposed
ice arena. A joint powers agreement has been drafted and is in the
process of being reviewed. The agreement will be presented to the
Council at the May 6, 1997, regular meeting.
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ALBERTVILLE CITY COUNCIL
April 15, 1997
Page 3 of 4
Jim Bahr and Emi I Shul ander, representing the Minnetonka
Voiture 1281 of LaSociete 40 Hommes Et 8 Chavaus ("40 + 8"),
requested a gambl ing I icense to sell pull tabs at KD' s Fami I y
Restaurant. pulltabs would be sold from a booth by paid employees.
Proceeds support children and youth organizations, nursing
scholarships, etc.
No local organizations has expressed an interest in selling
pulltabs at KD's.
Administrator Hale discussed the city's gambling ordinance,
which prohibits out-of-town gambling organizations. state statute
allows cities to collect 10% of the net profit from gambling as a
license fee. The City of Albertville has not assessed this fee to
local organizations--Jaycees, Lions, Fire Relief Association--in
the past because the profits are spent locally.
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Berning made a motion directing staff to prepare a draft
amendment to the gambling ordinance for Council review at the May
6th regular meeting which would allow the Council, at its
discretion, to license a non-local organization for pulltab
gambling. Vetsch seconded the motion. All voted aye.
Ci ty Engineer Pete Carl son reported that he had discussed
establishing a regional transportation plan with st. Michael's city
administrator. st. Michael appears to be willing to proceed.
Berning made a motion to adopt ORDINANCE '1997-6 titled AN
ORDINANCE AMENDING SECTION A-600.7 OF THE ALBERTVILLE SUBDIVISION
ORDINANCE REGARDING STREET RIGHT-OF-WAY AND PAVEMENT WIDTH (BACK TO
BACK OF CURB) AND ESTABLISHING A MINOR COLLECTOR STREET
CLASSIFICATION. Stalberger seconded the motion. All voted aye.
Carl son revi ewed his Apri 1 8, 1997, memo lis ting possibl e
exceptions to weight restrictions. Carlson is not recommending
these exceptions, but rather detai ling in what condi tions an
exception could be made.
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Carlson reported on the meeting held with representatives of
Albertville, st. Michael, Wright County and the Soil and Water
Conservation District regarding drainage to County Di tch No.9.
The possibility of setting up a watershed district to establish
drainage criteria to the ditch was discussed. In the interim, it
was suggested that drainage from new developments be restricted to
half the predevelopment runoff. Another meeting has tentatively
been scheduled for May 1 if the Council wants to proceed in this
direction. The Council concurred to proceed as Carlson has
outlined.
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ALBERTVILLE CITY COUNCIL
April 15, 1997
Page 4 of 4
Berning made a motion directing Public Works and PSG personnel
to work together to install a cover for the electric meter at the
wastewater treatment plant. Stalberger seconded the motion. All
voted aye.
Berning made a motion to approve the Election Support
Agreement with Business Records Corporation for the Optech III-P
Eagle at a cost of $400 and to deny approval of the Hardware
Maintenance Agreement. Stalberger seconded the motion. All voted
aye.
Stalberger made a motion not to participate in the State of
Minnnesota's Snow Removal Cost Reimbursement Program. Berning
seconded the motion. All voted aye.
Berning made a motion to authorize the mayor and the acting
mayor to sign the Certification of Local Performance Measures form
for 1998. Stalberger seconded the motion. All voted aye.
The Council discussed the complaint from Carolyn Bauer
regarding tree damage in her yard from snow pI owing/ removal.
Adminsitrator Hale explained that the trees were planted on private
property (not in the easement area).
Berning made a motion to purchase up to three repl acement
trees for the homeowner with the understanding that the homeowner
will take care of planting the trees. Vetsch seconded the motion.
Berning, Olsen and Vetsch voted aye. Stalberger abstained. The
motion carried.
Vetsch made a motion to approve the amendment to Paragraph 2
of RESOLUTION '1997-1 as presented. Stalberger seconded the
motion. All voted aye.
Berning made a motion to authorize payment for
right of way for the CSAH 19/37 Intersection Realignment
follows:
Parcel 36 - $10,370.00
Parcel 34 - $10,470.00
Parcel 35 - $21,850.00
Olsen seconded the motion.
purchasing
Project as
(DJ's)
(Andrew Savitski)
(Andrew Savitski)
All voted aye.
Berning made a motion to adjourn at 11:35 PM.
seconded the motion. All voted aye.
Stalberger
Mark Olsen, Mayor
Linda Houghton, Clerk