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2002-08-05 CC Minutes . ALBERTVILLE CITY COUNCIL August 5, 2002 Albertville City Hall 7 :00 PM PRESENT: Councilmembers LeRoy Berning, Keith Franklin, Scott Wallace and John Vetsch, City Engineer Pete Carlson, City Attorney Mike Couri, City Planner Al Brixius, and City Administrator Linda Goeb Acting Mayor Wallace called the regular meeting of the Albertville City Council to order. The agenda was amended as follows: . Add Item 5d(5) - CSAH 19 Trail . Add Item 5e(4) - Schedule budget meetings . Add Item 5f(5) - Community Center Franklin made a motion to approve the agenda as amended. Vetsch seconded the motion. All voted aye. Berning made a motion to approve the minutes of the July 15, 2002, regular meeting as presented. Franklin seconded the motion. All voted aye. . Acting Mayor Wallace asked if anyone wished to address the Council under Citizen Forum. No one in the audience requested to address the Council. On behalf off the City Council, Acting Mayor Wallace presented a card to former mayor John Olson and expressed the Council's appreciation of Olson's service as mayor. Councilmember Berning requested that Check #'s 16559, 16568, 16585, and 16606, along with Item 4( d) be removed from the Consent Agenda and placed under Administration for discussion. Franklin made a motion to approve the Consent Agenda items as follows: · Resolution #2002-28 (A Resolution Acknowledging Resignation of Mayor John A. Olson and Declaring a Vacancy) · Approve payment of claims (Check #'s 16549 - 16558, #'s 16560 - 16567, #'s 16569- 16584, and #'s 16586 - 16606) · Approve 2003 Assessment Contract with Wright County · Resolution #2002-27 (A resolution Appointing Election Judges for the Primary and General Election for the City of Albertville) Berning seconded the motion. All voted aye. . Bob Marquette, representing the Albertville Fire Relief Association, reviewed the annual report for the Relief Association with the Council. The report shows that no municipal contribution from the City is required for Budget 2003. Marquette requested that the Council consider a contribution to the Fire Relief fund during the budget process because the annual pension rate will increase in 2003. As with most other investors, the Relief Fund has suffered . Albertville City Council Minutes August 5, 2002 Page 2 of5 losses in its investments as well. The council agreed to consider the request during the budgeting process. Berning made a motion to accept the Public W orks/Parks Maintenance Report as presented. Franklin seconded the motion. All voted aye. City Planner Al Brixius asked for clarification of the Council's concerns to be addressed in the B-2A Zoning District. Because the ordinance establishing the B2-A Zoning District is not compatible with the intent of the Council, Brixius asked that the ordinance approval be delayed until the next Council meeting to allow time to have the document amended as discussed. The council agreed to set up a workshop meeting on Wednesday, August 14th, at 7:00 PM to discuss the B2-A Zone in more detail. City Planner Brixius reviewed the Shoreland Ordinance amendment, as approved by the Minnesota Department of Natural Resources for commercial uses. . Berning made a motion to adopt ORDINANCE #2002-14 titled AN ORDINANCE AMENDING SECTION 4905.61 OF THE ALBERTVILLE ZONING ORDINANCE REGARDING COMMERCIAL USES IN THE SHORELAND OVERLAY DISTRICT. Franklin seconded the motion. Berning, Franklin and Wallace voted aye. Vetsch voted no. The motion carried and the ordinance was adopted. Vetsch made a motion authorizing City Attorney Mike Couri advise the owners of 2nd Wind Exercise via letter that on August 9, 2002, the Sheriffs Department will be authorized to issue a civil citation for continued violation of the city's Sign Ordinance relating to hours of illumination. Further the Department will be instructed to continue to issue daily citations if the infraction continues beyond that date. The City Administrator was also directed to send a first letter of non-compliance regarding the hours of illumination to the Culver's Restaurant, requesting compliance within two weeks time. Berning seconded the motion. All voted aye. Franklin made a motion to award the bid for the 2002 Street Overlay Project to Buffalo Bituminous, Inc. in the amount of $68,623.50. City Engineer Pete Carlson explained that a Change Order will be processed to reduce the amount of patching in order to stay within the City council's approved budget of$75,000. Berning seconded the motion. All voted aye. City Engineer Carlson explained that he has submitted an application to the DNR to allow the City to excavate a channel to the Mud Lake outlet. He anticipates that the DNR will quickly approve the application and give its permission. Depending upon the weather, the work may be started next week. . Carlson reported that a meeting has been set up on Friday, August 9th, with the homeowners to determine the best method to correct the drainage problems on Karston Avenue. . . . Albertville City Council Minutes August 5, 2002 Page 3 of5 Carlson reviewed the draft of the County Ditch 9 Agreement with the City of St. Michael. The agreement is basically the same as the Otsego Creek Agreement with the City of Otsego. Costs for repairs and/or improvements to the ditch for each city will be proportionate to the total number of acres drained in each city. City Attorney Couri recommends that Paragraph 16 be amended and Paragraph 17 (Conveyance Pursuant to Special Legislation) be added to the agreement. Franklin made a motion to approve the County Ditch 9 Agreement with the City of St. Michael, as amended. Counci1members Franklin and Vetsch will serve on the County Ditch 9 Board. Vetsch seconded the motion. All voted aye. Carlson reported that he is continuing to work with the Wright County Highway Department in relation to a trail along CSAH 19. City Attorney Mike Couri reviewed the purchase offer from Larson Enterprises for a 3.46 acre at the southeast comer of the Northwest Commercial Park. The price for the land is $497,000 total. The City will pay a five percent (5%) commission to Griffin Companies on the sale. Franklin made a motion to accept the purchase offer from Larson Enterprises as presented. Vetsch seconded the motion. All voted aye. Vetsch made a motion authorizing the city attorney to prepare a civil complaint for the owner of the property located at 5692 Main Avenue NE for cleaning up the yard. Letters sent previously asking the owner to comply with the city ordinances have been ignored. Berning seconded the motion. All voted aye. Franklin made a motion to appoint Counci1member Scott Wallace to fill the vacancy in the mayor's position. Berning seconded the motion. All voted aye. City Administrator Goeb explained that the Joint Powers Board intends to paint the new water tower "St. Michael - Albertville, Home of the Knights". The cost of the lettering is $9,000. Since the city of Hanover objects to paying for any portion of this lettering, the cost would be split between St. Michael and Albertville at $4,500 each. Berning made a motion to pay $4,500 for the Joint Powers water tower to be painted "St. Michael - Albertville, Home of the Knights". Franklin seconded the motion. Berning, Franklin and Wallace voted aye. Vetsch voted no. The motion carried. The Council discussed how to price and market the remainder of city-owned land in the Northwest Commercial Park. The Council concurred that placing a sign advertising commercial lots for sale by the city would be sufficient for now. . . . ~ Albertville City Council Minutes August 5, 2002 Page 4 of 5 Berning made a motion to place a 32 square foot sign at the intersection of CSAH and the proposed Slumberland lot advertising commercial lots for sale. Franklin seconded the motion. All voted aye. The Council scheduled budget workshop meetings for Wednesday, August 14th and Wednesday, August 28th at 7:00 PM. Linda will schedule a meeting with interested community representatives to meet with Councilmembers Franklin and Berning to visit the Rogers and Otsego Community Centers and to discuss the possibility of constructing a new community center in Albertville. Tentative dates for the meeting are August 21 st or 22nd. Berning made a motion to pay Check #'s 16559, 16568, 16585 and 16606. Franklin seconded the motion. All voted aye. Berning made a motion to approve the application for Non-Intoxicating Malt Liquor License for Smackdown's Sports Bar & Grill on Saturday, September 14, 2002, from 5:00 PM to midnight, with the following conditions: · The area in which the beer is sold will be enclosed by fencing. · Outdoor beer sales close at 12:00 AM (midnight). · Outside entertainment ends at 12:00 AM (midnight) · A deputy is on duty at the area where beer is sold. Franklin seconded the motion. Berning, Wallace and Franklin voted aye. Vetsch abstained from voting. The motion carried. Acting Mayor Wallace recessed the meeting. The meeting was reconvened at 10:10 PM. Vetsch made a motion to adopt RESOLUTION #2002-29 titled A RESOLUTION ACKNOWLEDGING RESIGNATION OF COUNCILMEMBER SCOTT WALLACE AND DECLARING A V ACANCY. Franklin seconded the motion. All voted aye. Scott Wallace took the Oath of Office and was sworn into the office of mayor by City Administrator Linda Goeb. Franklin made a motion to adopt RESOLUTION #2002-30 titled A RESOLUTION TO APPOINT A CITY COUNCIL MEMBER, appointing Thomas Fay to the City Council. Berning seconded the motion. All voted aye. Tom Fay took the Oath of Office and was sworn into the office of Councilmember by City Administrator Linda Goeb. . . . Albertville City Council Minutes August 5, 2002 Page 5 of 5 Fay made a motion to adjourn at 10: 15 PM. Berning seconded the motion. All voted aye. }, ~~ Scott Wallace, Mayor '-y. ~ ~-~d. . J-- - Linda Goeb, City Administrator