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1998-12-07 CC Minutes . ALBERTVILLE CITY COUNCIL December 7, 1998 Albertville City Hall 7:00 PM PRESENT: Mayor Mark Olsen, Councilmembers Robert Gundersen, Duane Berning, Patti Stalberger and John Vetsch, City Clerk Linda Goeb, City Engineer Pete Carlson and City Attorney Mike Couri Mayor Olsen called the regular meeting of the Albertville City Council to order. The agenda was amended as follows: · Add Item 5b(5) - Contract with S.E.H., Inc. for the Wastewater Treatment Facility . Add 6d(6) - City Park hockey rink maintenance Berning made a motion to approve the agenda as amended. Gundersen seconded the motion. All voted aye. . Stalberger made a motion to approve the minutes of the November 16, 1998, regular City Council meeting and the minutes of the December 2, 1998, Truth in Taxation hearing as presented. Gundersen seconded the motion. All voted aye. Mayor Olsen asked if anyone present wished to address the Council under the Citizen Forum portion of the agenda. No one addressed the Council. Gundersen made a motion to approve payment of Check #'s 11211 - 11269 as presented. Stalberger seconded the motion. All voted aye. Gundersen made a motion to approve the Financial Statement for the month of November as presented. Stalberger seconded the motion. All voted aye. Gundersen made a motion to approve the WWTF Monthly Operations Report for October 1998 as presented. Stalberger seconded the motion. All voted aye. Gundersen made a motion to approve the 1999 annual contract with PSG in the amount of $97,894 for Contract Operations, Maintenance and Management of the Albertville WWTF. Stalberger seconded the motion. All voted aye. . Gundersen made a motion to approve the 1999 Budget proposal for the Joint Powers Board as presented. Stalberger seconded the motion. All voted aye. . ALBERTVILLE CITY COUNCIL December 7,1998 Page 2 of6 Mayor Olsen opened the public hearing to consider the assessment of the C SAH 19/37 Intersection Realignment Proj ect. City Attorney Couri explained that the project was a joint project with Wright County and the City paid a portion of the construction costs and the land acquisition costs. The proposed assessment roll was presented showing that benefiting property owners are proposed to be assessed on a front footage basis, up to the City appraiser's opinion on the amount of benefit per parcel. Mayor Olsen called for public comment. John Kolb, an attorney representing Andrew and Michael Savitski, presented the city clerk with Notices of Objection to Special Assessment. Kolb explained that his clients believe the proposed assessments excessive considering that their properties were previously assessed for the original street, curb, gutter and utilities. . City Engineer Pete Carlson explained that the properties were not being charged for utilities. Several hydrants were relocated only and the City is paying for those charges by not assessing the total cost of the project. The City also paid for the construction of the street off County Road 37 to the north allowing access to DJ's Hardware. Donald Savitski questioned whether the City used the same appraiser for the land acquisition amounts and the benefit amounts per parcel. Mayor Olsen stated the same appraiser was used for both appraisals. There was no further comments from the public. Berning made a motion to close the public hearing at 7:48 PM. Gundersen seconded the motion. All voted aye. City Attorney explained that in order to get the assessments on the tax rolls in 1999, the Council needs to approve the assessment roll and the resolution authorizing the assessments at this meeting. Otherwise, the Wright County Auditor would be unable to include the assessments on the next year's tax rolls. . . ALBERTVILLE CITY COUNCIL December 7, 1998 Page 3 of6 Berning made a motion to adopt RESOLUTION #1998-27 titled RESOLUTION ADOPTING ASSESSMENT FOR STREET IMPROVEMENTS. Gundersen seconded the motion. All voted aye. John Kolb, representing Andrew and Michael Savitski, served a Notice of Appeal to Objection to Special Assessment to the city clerk. Berning made a motion to appoint Councilmembers Vetsch and Stalberger to a committee to meet with the Savitski' s to attempt to negotiate a settlement on the special assessments. Gundersen seconded the motion. All voted aye. City Attorney Couri explained that the TIF Agreement for the senior housing development needs to be amended from the Zedakah Foundation to Cottages of Albertville Two. Steve Feneis, representing Cottages of Albertville Two, stated his attorney wants to review the Agreement prior to Council action and requested the Council table further discussion at this time. . Vetsch made a motion to table discussion on the TIF Agreement for the senior housing project until the next Council meeting. Berning seconded the motion. All voted aye. The Council discussed the park dedication fees for the Mike Savitski building. Mike Savitski offered to pay $1,500 in park dedication fees and to donate the necessary easements for the trail to the City. The Council discussed Savitski's offer and countered with a $3,000 cash park dedication payment and the land easement for the trail. Savitski agreed to accept the Council's counter- proposal. Vetsch made a motion to accept a $3,000 cash payment and the easements for the trail from Mike Savitski as payment in full of the park dedication fee on his building located at the intersection of Lachman Avenue NE and Country Road 37, contingent upon a signed written agreement from Savitski. Stalberger seconded the motion. Vetsch, Stalberger, Berning and Gundersen voted aye. Olsen voted no. The motion carried. . Stalberger made a motion to adopt RESOLUTION #1998-17 titled A RESOLUTION ADOPTING THE WASTEWATER TREATMENT PLAN PUBLIC FACILITIES PLAN AND IMPLEMENTING THE SELECTED AL TERNA TIVE. Gundersen seconded the motion. All voted aye. . ALBERTVILLE CITY COUNCIL December 7, 1998 Page 4 of6 City Engineer Pete Carlson reviewed the recommendations from the Technical Advisory Board regarding the Joint Powers Water Board. The Council recommends the following revisions: (1) The Joint Powers Board make-up will remain as is, i.e. two members from each member community. (2) Recommendation #4 is amended to read ". . .basic set of standards which will be adopted at a minimum by each community." (3) Each member community has policing powers over illegal hydrant use over the entire district. . Carlson reported the he and Councilmember Stalberger had met with concerned property owners to discuss the Greenhaven Drainage Proj ect. A number of the residents do not want the project to be constructed and would prefer that the 1-94 ditch be re-graded to promote drainage. Other parties are concerned with the maintenance of the ditch. Carlson believes the project can be constructed in conjunction with a maintenance agreement through the Otsego Creek Authority. Councilmember Berning pointed out that MnDOT has refused to allow the 1-94 ditch re-grading. The Council concurred to proceed with the installation of the piping for the Greenhaven Drainage Project. Carlson reported that JMJ Properties are in the process of redesigning their site layout to avoid wetland concerns presented by WSWC. Attorney Couri suggested several amendments to the contract with S.E.H. for the wastewater treatment expansion design. . Berning made a motion to approve the contract with S.E.H., contingent upon the following terms: (1) Auto liability insurance is increased to $750,000. (2) Clarification that S.E.H. will maintain insurance coverage for the duration of the contract. (3) Exempt the toxic section from the Limitations on S.E.H. 's liability in Paragraph D .1. Stalberger seconded the motion. All voted aye. . ALBERTVILLE CITY COUNCIL December 7, 1998 Page 5 of6 Berning made a motion to approve the Findings of Fact & Decision approving a variance from the roofing materials requirement for the STMA Ice Arena. Gundersen seconded the motion. All voted aye. Berning made a motion to approve the Findings of Fact & Decision granting final plat approval for the Cedar Creek North 2nd Addition contingent upon the developer resolving the conflict with the Joint Powers Board regarding the change of plans and installation of an uninspected portion of the watermain. Gundersen seconded the motion. All voted aye. . Gundersen made a motion to approve the Findings of Fact and Decision granting final plat approval of the Karston Cove 2nd Addition contingent upon the following: · The developer resolves the conflict with the Joint Powers Board regarding the change of design and installation of an uninspected portion of the watermain. · The developer removes all materials and equipment presently stored on property in the Fairfield Addition. Stalberger seconded the motion. All voted aye. The Council reviewed the letter from the Minnesota Amateur Sports Commission regarding the extension for disbursement of the Mighty Ducks grant to January 31, 1999. Olsen made a motion to loan the Joint Powers Ice Arena Board one-third of the grant to be repaid upon receipt of the Mighty Ducks grant. Vetsch seconded the motion. All voted aye. The Council received a request from residents along 61 st Street and Kalland Drive for a street light. Berning made a motion to approve the installation of a street light at 61 st Street NE and Kalland Drive NE. Gundersen seconded the motion. All voted aye. The Council reviewed the sample job descriptions for clerk-administrator, zoning administrator and public works supervisor. Linda was directed to revise those job descriptions for the City of Albertville. Vetsch made a motion to adopt RESOLUTION #1998-25 titled A RESOLUTION ADOPTING THE FINAL 1998 TAX LEVY COLLECTIBLE IN 1999. Stalberger seconded the motion. All voted aye. . . ALBERTVILLE CITY COUNCIL Decem her 7, 1998 Page 6 of6 Vetsch made a motion to adopt RESOLUTION #1998-26 titled A RESOLUTION ADOPTING THE 1999 FINAL BUDGET. Stalberger seconded the motion. All voted aye. The Council directed the Public Works Department to maintain the outdoor ice rink located at City Park. Stalberger made a motion to adjourn at 10:45 PM. Gundersen seconded the motion. All voted aye. . Mark S. Olsen, Mayor /:; ~ ) L..---~ / J / / /~~/ 1 i Crl....( ~! ! /J I '}) i,__ _..(/I" /tfl-/ .. /~/-< '---'" Linda Goeb, City Clerk .