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2002-06-17 CC Minutes . ALBERTVILLE CITY COUNCIL June 17,2002 Albertville City Hall 7:00 PM PRESENT: Mayor John Olson, Councilmembers LeRoy Berning, Keith Franklin, and John Vetsch, City Engineer Pete Carlson, City Attorney Mike Couri, and City Administrator Linda Goeb Mayor Olson called the regular meeting of the Albertville City Council to order. . The agenda was amended as follows: . Remove Item 5c(1) from agenda · Add Item 5b(1) - Consider installation of electric and water fountain at the baseball field dugouts . Add Item 5d(5) - Northwest Commercial Park . Add Item 5d(6) - Rear yard drainage issues · Add Item 5f(6) - Request to use City vehicle to pull Albertville Royalty float . Add Item 5f(7) - City land listing · Add Item 5f(8) - Use for funds from the sale of the water tower lot Franklin made a motion to approve the agenda as amended. Berning seconded the motion. All voted aye. The minutes of the June 3, 2002, meeting were amended on Page 2, Paragraph (c) to read ". . .in the amount of $118,957.00." Berning made a motion to approve the minutes of the June 3, 2002, regular meeting as amended. Vetsch seconded the motion. All voted aye. Mayor Olson asked if anyone wished to address the Council under Citizen Forum. Jim Williams, a resident of a unit in the Karston Cove Addition, explained that the landscaping and sod have not been completed on his unit. The City is holding the escrow for the sod and tree since the unit closed in March. The sod and trees have not yet been planted. Franklin made a motion directing the administrator to send a letter to Eagle Crest Builders requiring that the sod and tree be installed by July 1 st. If the sod and tree are not installed, the City will use the escrow deposit to have the work done. Vetsch seconded the motion. All voted aye. Greg Weitzel, 11435 60th Street NE, and Greg Kassube, 11423 60th Street NE, addressed the Council concerning the speeds at which cars travel along 60th Street. Although the speed limit on residential streets if 30 mph, the residents reported that many cars and trucks exceed that limit. The Council agreed to install another speed limit sign along the street and the administrator will contact the Sheriffs Department to request spot checking for speeds along that street. . Berning made a motion to approve the Consent Agenda items as follows: · Approvepaymentofclaims(16314-16354) Albertville City Council Minutes June 17,2002 . Page 2 of4 . Approve application for Non-Intoxicating Malt Liquor License for Church of St. Albert at the Parish Center Parking Lot on July 21, 2002 . Approve Application for Exempt Permit to allow the North Hennepin Community College Foundation to sell raffles at the Cedar Creek Golf Course on Monday, July 29,2002 Franklin seconded the motion. All voted aye. The Council directed the engineer and the Public Works Supervisor to check into the costs and feasibility of installing electric and water service to the dugouts at City Park. Franklin made a motion to appoint Russell Winslow to fill the vacant Planning and Zoning Commission seat, as recommended by the Commission on June 1ih. Berning seconded the motion. All voted aye. City Engineer Pete Carlson proposed the following streets for this year's sea1coating project: . 55th Street between Main Avenue and Barthel Industrial Drive . Lake Avenue between 55th and 5ih Streets . Lannon Avenue between 55th and 57th Streets The Council authorized Carlson to solicit bids for the work. . Carlson explained that several catch basins in the city are in need of repair. He will work with Tim to have the worst catch basins repaired this summer. Carlson outlined the areas proposed for the 2002 Street Overlay project as follows: . 5ih Street between Main Avenue and Barthel Industrial Drive . Lannon Court . 50th Street from Barthel Industrial Drive to the city's east boundary . Miscellaneous patching and curb replacement The Council questioned whether 50th Street should be widened and a trail installed along the north side of 50th Street. The administrator will contact St. Michael to see if they intend to widen their portion of 50th Street and add the trail. The Council asked Carlson to hold off on the street overlay project until more definite information is gathered regarding 50th Street. Berning made a motion to adopt RESOLUTION #2002-25 titled A RESOLUTION APPROVING THE WETLAND REPLACEMENT PLAN FOR THE ALBERTVILLE BUSINESS PARK PROJECT TO FILL 1.8 ACRES OF WETLAND TO FACILITATE THE CONSTRUCTION OF A CITY STREET. Franklin seconded the motion. All voted aye. . Carlson reported that the Albertville Crossings developer has rejected the City's offer to remove fill material at a cost of $.50 a yard. Albertville City Council Minutes June 17, 2002 . Page 3 of4 Franklin made a motion to offer the developer $1.00 per yard for the fill material to stockpile in the Northwest Commercial Park. The developer estimates between 20,000-30,000 cubic yards of bill are available. Vetsch seconded the motion. Franklin, Vetsch and Olson voted aye. Berning voted no. The motion carried. Carlson reported that he is continuing to work with a resident regarding his rear yard drainage problems and the restoration of the wetlands that the owner has filled. Duane Dumonceaux, 5269 Lake Avenue, explained that he and his neighbor had experienced wet back yards and proceeded to install drain tile along the property lines to carry the storm water to the catch basin. The cost of doing the project was $331.36. He requested that he be reimbursed for the costs from the City's Storm Water fund. Berning made a motion to approve reimbursing Dumonceaux for his costs of installing the drain tile in the amount of $331.36 from the Storm Water Fund and recommended that similiar cases be presented to the Council for consideration prior to installation of the tile. Franklin seconded the motion. All voted aye. . The Council heard concerns from neighbors regarding the party conducted the Friday and Saturday nights of the Friendly City Days celebration. City Administrator Goeb explained that prior to Friendly City Days, she had spoken to the Wright County Sheriffs office regarding the City's noise ordinance being in effect after 10:00 PM. Lt. Anselment made a stop at the residence early Friday evening and advised the owners of the ordinance. City Attorney Couri advised that Council that if beer was actually sold without a license, the city could proceed with that violation. The Council directed Couri to check into that issue. City Attorney Couri explained that fireworks does not fit within the definition of temporary outdoor sales. However, the ordinance allows the City Administrator to permit uses which are not specifically named, but which are consistent with the intent of the City Code or Comprehensive Plan. City Administrator Goeb has determined that outdoor temporary fireworks sales is not allowed. The ordinance allows the applicant to appeal the Administrator's decision to the City Council. The City Council may override the Administrator's decision by a 4/5th vote. The questions is whether the Council would be favor is modifying the definition of temporary outdoor sales to include fireworks. If that is the desire of the Council, the Council may want to make the determination that the sale of fireworks fits within the intent of the City Code or Comprehensive Plan and direct staff to begin the ordinance modification process. The Council concurred that no modification of the Temporary Outdoor Sales Ordinance is needed. Therefore, outdoor sales of fireworks in the City of Albertville is not permitted. . Vetsch made a motion to support City Administrator Goeb's recommendation that City Hall be closed on Friday, July 5t\ and that employees are required to use vacation or comp time to be compensated for the day. Franklin seconded the motion. All voted aye. . . . Albertville City Council Minutes June 17, 2002 Page 4 of 4 The Council scheduled a Public Works Committee meeting at 6:00 PM on Monday, July 151\ to meet with staff on a facilities plan for the department. The Council rejected a request to use a city vehicle to pull the Albertville Royalty in parades. City Administrator Goeb reported that Jay Johnson of Cascade Realty will be meeting with the committee to discuss the advertisement and sale of the Northwest Commercial Park lots as soon as possible. The Council directed the administrator to prepare a resolution for discussion at the next Council meeting designating the proceeds of the 5ih Street lot to the Community Center project fund. City Attorney Couri recommended securing an easement from Ray Little in exchange for the City agreeing never to charge the property for sanitary sewer, water and street construction. In addition the City will restore gates that have been removed from the property (approximately $1,000 estimated cost). The Council accepted Couri's recommendation. Mayor Olson requested that consideration of his resignation due to health problems be scheduled on the next agenda, along with discussion on filling the vacancy that will be created. Vetsch made a motion to adjourn at 9:15 PM. Franklin seconded the motion. All voted aye. 1'( Js'on, Mayor ~J:J ~~ Linda Goeb, City Adm1nistrator