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2003-04-07 CC Minutes . . . ALBERTVILLE CITY COUNCIL April 7, 2003 Albertville City Hall 7:00 PM PRESENT: Mayor Don Peterson, Councilmembers LeRoy Berning, Tim Sweeney, and Tom Fay, City Engineer Pete Carlson, City Attorney Mike Couri, and City Administrator Linda Goeb Mayor Peterson called the regular meeting of the Albertville City Council to order. The agenda was amended as follows: · Move Item 5d(4) to the first place after the Consent Agenda · Add item 5f(3) - Followup on September 10 tornado clean-up Sweeney made a motion to adopt the agenda as amended. Berning seconded the motion. All voted aye. Fay made a motion to approve the minutes of the March 17,2003, regular meeting and the March 24,2003, special meeting as presented. Sweeney seconded the motion. All voted aye. Mayor Peterson asked if anyone wished to address the Council under Citizen Forum. No one in the audience addressed the Council. Councilmember Berning requested Check #17786 be removed from the Consent Agenda. Berning made a motion to approve the Consent Agenda as follows: · Approve payment of claims · Liquor License Renewals ~ Off Sale Liquor Licenses (I) Albertville Off sale LLC (2) Hackenmueller's Inc. (3) Gary E. Vetsch (4) 152 Club, Inc. (5) C. L. Gentile, Inc. (6) Cobom's ~ On Sale Liquor Licenses (I) 152 Club, Inc. (2) Cedar Creek Golf Course, Inc. (3) Gary E. Vetsch (4) C. L. Gentile, Inc.. ~ Special Sunday On Sale Liquor License (1) 152 Club, Inc. (2) C. L. Gentile, Inc. (3) Cedar Creek Golf Course, Inc. (4) Gary E. Vetsch · Approve Application for non-Intoxicating Malt Liquor License for the Albertville Lions from 3:00 PM - Midnight on April 26, 2003, at the Albertville Fire Hall . . . Albertville City Council Minutes April 7, 2003 Page 2 of5 · Approve Application for Exempt Permit for St. Albert's Catholic Church to conduct bingo, raffles, and pull-tabs at the St. Albert's Parish Center on July 20,2003 Fay seconded the motion. All voted aye. City Attorney Couri explained that staff has reviewed the method of calculating SAC/WAC fees for restaurants. Instead of the using the Metropolitan Council's formula based on one SAC/WAC unit per eight seats, staff is recommending that the Council consider revising the City's calculation for SAC/WAC fees for restaurants based on one unit per 12.5 seats. In addition to the reduction in the formula used for restaurants, staff has met with HJ Development and the owners Spectators Sports Bar to negotiate payment of the Spectators SAC/WAC charges. Staff is recommending that Spectators be charged for 1 0 SAC/WAC units-- $42,000 in SAC and $20,000 in WAC fees. Spectators will pay one-half of those fees immediately. The balance will be assessed over a seven year period at an interest rate of 5.75%. The first two years of the assessment will be deferred, however, interest will accrue on the Jerry Hertel of HJ Development explained that the recommended policy is essential to restaurant development in Albertville due to their high up-front expenses. City Engineer Pete Carlson reviewed the SAC Fund receipts and distributions currently and by adding remaining SAC units to be collected and future debt to be incurred with the second expansion of the WWTF. The flow sheet shows that with additional SAC units remaining, the SAC Fund will support the planned expansion. Sweeney made a motion to adopt a SAC/WAC unit calculation for all restaurants based on one SAC/WAC unit per 12.5 seats, and to allow Spectators to pay one-half ($31,000) of their total SAC/WAC at present and assessment the remaining balance over a seven year period as discussed. Berning seconded the motion. Sweeney, Berning and Peterson voted aye. Fay voted no. The motion carried. Sweeney made a motion to approve the FEMA Grant application for the Fire Department as presented. The grant, if awarded, requires the City to invest $21,296. The deadline for the application is April 11, 2003. Berning seconded the motion. All voted aye. Fay made a motion to contract with Futrell Fire Service to have the firm due a fire suppression plan review on all new commercial and industrial buildings. The costs of the review will be an addition to the building permit. Sweeney seconded the motion. All voted aye. Berning made a motion to approve payment of Check #17786. Sweeney seconded the motion. All voted aye. . Albertville City Council Minutes April 7, 2003 Page 3 of5 Councilmember Berning reported on the park committee meeting held earlier this evening. The committee would like to begin developing the Albert Villas Park. The committee suggested two soccer fields, baseball infield, playground and parking lot, similar to the existing Oakside Park. The city engineer will compile some information for both the Albert Villas Park and Winter Park. The Albertville Jaycees will be donating another $5,000 (prior donation $5,000) for an additional shelter at City Park. The Park Committee has received an estimate of $9,000 for the shelter and $2,800 for the concrete work. The Jaycees would like to have the structure completed by Friendly City Days. Mike Waldo, representing the Towne Lakes Development, offered to donate the balance of $2,500-$3,000 to complete the funding for the shelter. The Council accepted Towne Lake's offer to donate the money. Fay made a motion to approve the Public Works/Parks Maintenance Report as presented. Berning seconded the motion. All voted aye. WWWTF/Water Operator John Middendorf reported that the pricing he received from Fergus Power for sludge removal would be good for the removal of 1.0 to 2.5 million gallons. Middendorf recommended that the Council wait until next year to begin the process, allowing time to budget $40,000 per year over a three year period. . City Engineer suggested that the sludge removal could be considered a portion of the upgrade to the WWTF, and, therefore could be funded through the SAC fund. Sweeney made a motion authorizing the removal of one million gallons of sludge this year with the funding for the project from the SAC fund. Fay seconded the motion. All voted aye. Berning made a motion to purchase a one ton, two wheel drive pick-up for the Water/Wastewater Departments from Hinckley Chevrolet at the state bid price of $17,123, and to purchase the utility body from ABM Equipment & Supply under the state bid price of $8,342. Fay seconded the motion. All voted aye. The Council agreed to meet at the WWTF for a tour at 6:00 PM on Monday, April 21 st. Sweeney made a motion to approve the WTTF Report as presented. Fay seconded the motion. All voted aye. . City Attorney Couri advised the Council that it is not possible under the City' Zoning Ordinance to grant a variance to allow an off-premise sign at the intersection of CSAH 18 and CSAH19 for Cedar Creek Golf Course. The Zoning Ordinance does not allow a variance for a use. The Council would need amend its ordinance allowing signs in residential zones in order to accommodate the request for the sign. Amending the ordinance would allow signs in all residential areas. The Council unanimously declined to consider amending its ordinance. . Albertville City Council Minutes April 7, 2003 Page 4 of 5 City Administrator Goeb informed the Council that the Planning & Zoning Commission has reviewed the preliminary plat of Highlands 5th Addition, the portion of the former Falbo property, located in the city limits of Albertville. The city of Albertville cannot serve these lots with water and sewer service. In addition, street maintenance in this area is difficult due to City vehicle having to go into the City of St. Michael before they can reach this development. The Planning Commission has conditionally approved the plat, contingent either upon the City Council detaching this portion of the city to St. Michael, or entering into a joint powers agreement with St. Michael to provide municipal services to this portion of Albertville. The developer, Dave Sebold, JMS Properties, stated he prefers to keep the property in the City of Albertville but will not oppose a detachment/attachment with St. Michael. Sweeney made a motion to adopt RESOLUTION #2003-11 titled JOINT RESOLUTION REQUESTING CONCURRENT DETACHMENT FROM ALBERTVILLE AND ANNEXATION TO ST. MICHAEL OF A PORTION OF LAND PURSUANT TO MINNESOTA STATUTE 441.061. Fay seconded the motion. All voted aye. Sweeney made a motion to approve the Wetland Replacement Plan for the Towne Lakes Phase II Development, as recommended by the TEP Panel with its attached conditions. Berning seconded the motion. All voted aye. . Bob V ose, an attorney with Kennedy & Graven, presented to the Council a unique limited area franchise for cable television in the City of Albertville. Also participating in the discussion of the revised cable franchise was John Schultz, the General Manager of FTTH, and Tucker Carlson, with the Government Relations Department of Charter Communications. Berning made a motion to adopt ORDINANCE #2003-7 titled AN ORDINANCE GRANTING A FRANCHISE TO FTTH COMMUNICATIONS, L.L.C., A MINNESOTA LIMITED LIABILITY COMPANY, TO CONSTRUCT, OPERATE, AND MAINTAIN A CABLE SYSTEM AND PROVIDE CABLE SERVICE IN THE CITY OF ALBERTVILLE, MINNESOTA. Fay seconded the motion. All voted aye. Berning made a motion to adopt RESOLUTION #2003-10 titled CONDITIONALLY APPROVING THE RENEWAL REQUEST BY CHARTER COMMUNICATIONS AND FRANCHISE APPLICATION BY FTTH. Fay seconded the motion. All voted aye. City Engineer Pete Carlson updated the Council on the CSAH 19 Improvement Project. In order to fund the project with an assessment bond, the Council must assess 20% of the project costs, or approximately $314,000. Between the assessment agreed on between The Coborn's project and the outlet mall, the city may have to assess another $8,000. Carlson suggested assessing a small amount to all commercial businesses bordering the project. The Council concurred that if additional assessments are required that the northwest quadrant of the 5ih Street/CSAH 19 should be assessed. . . . . Albertville City Council Minutes April 7, 2003 Page 5 of 5 Carlson updated the Council on the most recent Regional Transportation Committee meeting and on the staff level meeting with the City of Otsego. Fay made a motion to adopt RESOLUTION #2003-11 titled A RESOLUTION TO APPOINT A COUNCIL MEMBER, appointing Ron Klecker to fill the unexpired term on the Council created by the resignation of former Councilmember John Vetsch. Sweeney seconded the motion. All voted aye. Councilmember Berning explained that the September tornado blew a lot of debris into the wetland and low areas behind the damaged residential properties. He suggested that the city order a large dumpster and place it behind the Public Works building to allow residents to get rid of the debris behind their homes without renting a dumpster individually. City Hall would need to notify those residents who would be entitled to use the dumpster. Sweeney made a motion to adjourn at 10:30 PM. Fay seconded the motion. All voted aye. ~~~. Don Peterson, Mayor 'C?/;~~-' ~~ Linda Goeb, City Adminlstrator