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1997-05-06 CC Minutes . ALBERTVILLE CITY COUNCIL Hal' 6, 1997 Albertville City Hall 7:00 PM PRESENT: Mayor Mark Olsen, Councilmembers Patricia Stalberger, Duane Berning, Robert Gundersen, and John Vetsch, City Administrator Garrison Hale, City Clerk Linda Houghton, City Engineer Peter Carlson and City Attorney Mike Couri Mayor Olsen called the regular meeting of the Albertville City Council to order. The agenda was amended by adding Item ad - Safe Communi ty Grant presented by Commissioner Judie Rose. Berning made a motion to approve the agenda as amended. Vetsch seconded the motion. All voted aye. . The minutes of the Apri II, 1997, minutes were amended as follows: Paraqraph 1, Paqe 4 - The STMA Men's Softball Association agree to drag and chalk the ball field for an annual fee of $250. Olson made a motion to approve the minutes of the April 1, 1997, meeting as amended and to approve the minutes of the April lOth and April 15th meetings as presented. Gundersen seconded the motion. All voted aye. Stalberger made a motion to approve payment of Check #'s 10900 - 10950 as presented. Gundersen seconded the motion. All voted aye. Nancy Overstake, manager of the Albertville Meadows apartments, requested the Council consider an increase in patrol hours. She stated that the property located next to the apartment building (owned by School Street Development) has been neglected. There is debris spread on the lot and children between the ages of 6-16 congregate on the lot. A neighbor who lives on Kahler Drive presented a petition to the Council asking that the property be cleaned up. She included pictures of the lot showing the condition of the property. Berning made a motion directed the city administrator to send a certified letter to School Street Development giving 30 days in which to grade, seed and raise the fire hydrant on the lot. If the property owner fails to perform, the City will make arrangements to cl ean up the property and assess the costs to the property. Stalberger seconded the motion. All voted aye. . Carolyn Bauer requested that the Council allow her to purchase 17 lilac bushes to replace the three evergreens that were damaged on her property by snow removal operations. The cost of the lilac bushes would be less than the cost of replacing the three ~ ALBERTVILLE CITY COUNCIL May 6, 1997 Page 2 of 7 evergreens. Berning made a motion authorizing Bauer to purchase lilac bushes to replace her damaged evergreens at a cost to the City not to exceed $115.00. Gundersen seconded the motion. All voted aye. Mayor Olsen moved to the Consent Agenda. LeRoy Berning, representing the Al bert vi 11 e Fri endl y Ci ty Days Commi t tee, asked the Counci 1 to amend his request for street closing to include the Locust Court area on Saturday, June 14th, for a go-cart race (approximately two hours) and Lander Avenue to the Parish Center for a pedal pull event. Fire Chief Albert Barthel presented a letter from the Fire Department requesting that the City consider purchasing five acres of land abutting the proposed 57th Street currently owned by the Marxes for a new fire hall site. The Council received the letter but took no action. Olsen made amotion to adopt the consent agenda deleting item ~ 51. Vetsch seconded the motion, All voted aye. Because the tournament has been postponed, Item 51 (3.2 license) was removed from the agenda. Olsen made a motion to approve the April Financial Statement as presented. Vetsch seconded the motion. All voted aye. Olsen made a motion to approve the Follow-Up Sheet from the April 1, 1997, meeting as presented. Vetsch seconded the motion. All voted aye. Olsen made a motion Faci I i ty Operations Report motion. All voted aye. to as approve the presented. Wastewater Treatment Vetsch seconded the 01 sen made a motion to establ ish a special Ci ty Counci 1 meeting for May 20, 1997, and to establish a meeting with the Wright County Sheriff's Department on May 28, 1997, at 7:00 PM in the Wright County Courthouse in the Sheriff's Department. Vetsch seconded the motion. All voted aye. Olsen made a motion to approve membership in the Economic Development Partnership of Wright County for 1997 at a cost of $500. Vetsch seconded the motion. All voted aye. ~ Olsen made a motion to adopt APPOINTMENT OF PERSONNEL as amended. All voted aye. RESOLUTION '1997-28 titled Vetsch seconded the motion. . . . ALBERTVILLE CITY COUNCIL May 6, 1997 Page 3 of 7 Olsen made a motion to adopt RESOLUTION #1997-30 AMENDMENT TO PAY STEPS AND WORK SCHEDULES as amended. seconded the motion. All voted aye. titled Vetsch Olsen made a motion to approve the request from the Albertville Friendly City Days Committee to close the following streets as follows: 58th (Main to Lander) Lander (58th to Barthel driveway) Main (59th to 57th) Locust Court (between 50th & 51st) Lander to Parish Center Driveway June 9-16 All Day Carnival June 12-16 All Day Carnival June 13-14 5:00PM - Event 1:00 AM June 14 2 hours June 14 June 14, 10:00 AM - 11:00 AM - Parade Main (57th to 56th) 56th (Main to Lander) Lander (56th to 57th) 57th (Lander to Main) June 14, 12:00 Noon - 4:00 PM - Parade Main (60th to 50th) 59th (Main to Barthel) Barthel (59th to 51st) 60th (Lachman to Main) Vetsch seconded the motion. All voted aye. 01 sen made a moti on to grant a variance to Al bertvi 11 e Friendly City Days Committee to extend city parks hours on June 13 and June 14 to 1:00 AM. Vetsch seconded the motion. All voted aye. The Council agreed to remove the variance request from the Noise Ordinance from the Consent Agenda and to direct staff to draft an amendment to the Noise Ordinance which will cover Friendly City Days. Mayor 01 sen opened the publ ic hearing on the Center Oaks Industrial Park sewer and water main extensions project. City Engineer Carlson reviewed both options for the extension of water and sewer mains to serve the Center Oaks Industrial Park-- Option 1 shows the sewer and water mains crossing the Sylvester Rolles property, and Option 2 extending the mains along County Road . ALBERTVILLE CITY COUNCIL May 6, 1997 Page 4 of 7 37. Carlson indicated that Option 2 would probably require TIF financing in order to make the project financially feasible. Carlson prefers Option 1 since there is more lateral assessment. He reviewed the estimated costs of each of the options with the Council. Trunk sewer and water charges will be collected only at the time the benefitted properties develop. Gary Lehn, the owner of the Wright County Bag Company, stated he has his own water and septic system and he can see no benefit to his property by the extension of sewer and water. Sylvester Kolles stated he does not want the sewer and water on his property. Members of the Pat Riley family were present and stated their opposition to the extension at this time and asked the Council to vote "no" on the project. Kolles stated that he will be able to serve his property from the sewer and water 1 ines being install ed for the Fairfiel d Addition and, therefore, is not benefitted from the extension of . the mains over the northern portion of his land. City Engineer Carlson stated that the potential benefit of Option 1 would be gone if Kolles can serve the rest of his property from Fairfield. Berning made a motion to close the public hearing at 9:25 PM. Gundersen seconded the motion. Berning, Gundersen and Stalberger voted aye. Olsen and Vetsch voted no. The motion carried. Berning made a motion to table RESOLUTION '1997-31, ordering the improvement and directing the preparation of plans and specs for the Center Oaks Industrial Park, indefinitely. Further, in the event the project is considered by the Council in the future, all property owners wi 11 be noti fied again by mai 1. Stalberger seconded the motion. Berning, Stal bergel-, Gundersen and 01 sen voted aye. Vetsch voted no. The motion carried. Wright County Commissioner Judie Rose and Allina Representative Sonja Carlson explained the $180,000 Safe Community Grant Program received by Wright County. The grant is intended for studies to reduce injuries in accidents. The City of Albertville will be included in the program. The grant is comprised of funds from the federal government and privately Allina Health Services. . Carlson reported on the meeting held with the property owners in the Greenhaven addition. Those present were in favor of fixing the drain tile line and indicated they would dedicate easements along the tile line. . ALBERTVILLE CITY COUNCIL May 6, 1997 Page 5 of 7 Carlson stated the next step is to prepare plans for the line and the acquire the necessary easements. Berning made a motion authorizing the city engineer to proceed wi th preparations of the pI ans and specs I and to proceed wi th easements for the Greenhaven Drainage project. Vetsch seconded the motion. All voted aye. Carlson presented a map identifying the areas for the 1997 overlay improvements. Areas proposed for improvements are patches to Kalland Drive ane overlays to 54th street west of Main Avenue and 54th street east of Main Avenue. Berning made a motion to prepare plans and specs and to Overlay Project as presented. voted aye. authorize the ci ty engineer to advertise for bids for the 1997 Vetsch seconded the motion. All . Carlson discussed the replacement of the culvert under the railroad tracks. The old culvert will not be removed but will be vulcat.ed at each end and filled with sand. A permit has been granted from Burlington Northern Railroad for the project. Carlson estimates the project cost at $24,900, which could be paid through the storm water fund. Berning made a motion authorizing the engineer to secure quotes for the culvert replacement project under the Burlington Northern Railroad. Gundersen seconded the motion. All voted aye. The Council discussed an amendment to the ci ty' s gambling ordinance. The amendment will allow the City Council to license and out-of-town, non-profit organization in the City in the event that no local, non-profit organizations choose to operate charitable gambling. Stalberger made a motion to adopt ORDINANCE #1997-7 titled AN ORDINANCE AMENDING SECTION 3 OF ORDINANCE 601 TITLED AN ORDINANCE REGULATING CHARITABLE GAMBLING IN ESTABLISHMENTS HOLDING A LIQUOR LICENSE AND ESTABLISHING A FEE. Vetsch seconded the motion. All voted aye. Vetsch made a motion to adopt RESOLUTION #1997-32 titled RESOLUTION APPROVING AN OFF-SITE CHARITABLE GAMBLING LICENSE FOR MINNETONKA VOITURE 1281 OF LA SOCIETE 40 HOMMES ET 8 CHAVAUX. Stalberger seconded the motion. All voted aye. . Attorney Couri reviewed the proposed Joint Powers Agreement between the Cities of st. Michael and Albertville and ISD #885. Because there are still some concerns with the school district's . . . ALBERTVILLE CITY COUNCIL May 6, 1997 Page 6 of 7 ability to participate fully in a joint powers agreement without being a part of the Mighty Ducks application, Couri advised the Council to table action on the agreement until all issues can be resolved. Berning made a motion to table the Joint Powers Agreement for the STMA Ice Arena until the school district has determined their 1 ega I 1 evel of parti cipa ti on. Stal berger seconded the moti on. Berning, Stalberger, Gundersen and Vetsch voted aye. Olsen voted no. The motion carried. Couri reviewed the Developer's Agreement for the Fairfield Addition with the Council. Berning made a motion to approve the Developer's Agreement for the Fairfield Addition with the surety amounts adjusted to the actual bid price, and the form of surety to be approved by the City Attorney. Vetsch seconded the motion. All voted aye. Berning made a motion to approve payment in the amount of $3,293.52 to PSG for the over budgeted 1996 expenditures in the repair and maintenance areas of the PSG contract. Gundersen seconded the motion. All voted aye. Kelly Browning of PSG presented prices from several companies for the purchase of a lawnmower for the wastewater treat.ment facility. Vetsch made a motion authori zing PSG to purchase a sel f- propelled, walk behind lawn mower for the wastewater treatment facility and to use the 1997 repair and maintenance budget for the purchase. Stalberger seconded the motion. All voted aye. Olsen made a motion to contract mowing with the responsible bidder, David Aaron Eull at $150.66 per contingent upon the contractor's ability to meet the contract within five business days. Stalberger seconded the motion. voted aye. lowest time, terms All The Counci I discussed the proposal f rom The Brimeyer Group for a Strategic Planning Seminar at a cost of $1,150. Olsen indicated he is in favor of a seminar in order to set a clear set of goals for the city. Vetsch made a motion to table further discussion on a strategic planning seminar at this time. Stalberger seconded the motion. Vetsch, Berning, Stal berger, and Gundersen voted aye. Olsen voted no. The motion carried. . . . ALBERTVILLE CITY COUNCIL May 6, 1997 Page 7 of 7 Vetsch made a motion to approve payment of Check #10856 to Maple Grove Glass and Glazing in the amount of $3,598.40. Gundersen seconded the motion. All voted aye. stalberger made a motion to adopt ORDINANCE #1997-5 titled AN ORDINANCE REGULATING THE OPERATION OF SNOWMOBILES AND OTHER RECREATIONAL MOTOR VEHICLES. Gundersen seconded the moti on. Gundersen, Stalberger, Berning, and Olsen voted aye. Vetsch voted no. The motion carried. Berning made a motion to extend final plat discussion of the Brittany Kay Estates preliminary plat until July 7, 1997. Stalberger seconded the motion. All voted aye. The Council recessed the meeting at 12:05 AM to enter into a closed session to discuss potential litigation with the Petersons. Mayor Olsen reconvened the open meeting at 12:40 AM. olsen made a motion to adjourn at 12: 41 AM. seconded the motion. All voted aye. Stalberger Mark Olsen, Mayor Linda Houghton, City Clerk