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2003-09-02 CC Minutes . . . ALBERTVILLE CITY COUNCIL September 2, 2003 ALBERTVILLE CITY HALL 7:00 PM 1. CALL TO ORDER - ROLL CALL - ADOPT AGENDA Mayor Peterson called the regular meeting of the Albertville City Council to order. PRESENT: Mayor Don Peterson, Councilmembers LeRoy Berning, Tom Fay, and Ron Klecker, City Engineer Pete Carlson, Assistant City Attorney Bob Ruppe, City Planner Al Brixius and City Clerk Bridget Miller The agenda was amended as follows: Add Item 5.bA. Crosswalk Add Item 5.b.5. Friendly City Days - storage Add Item 5.c.3. Solicitors - Peddlers License Restricted Hours Add Item 5.d.3. County Road 19 - Ditch Add Item 5.dA. Trails throughout Albertville Add Item 5.d.5. School District #885 - Parks Remove Item 5.b.3. Request from Alpine Homes Fay made a motion to approve the agenda as amended. Klecker seconded the motion. All voted aye. 2. MINUTES Klecker made a motion to approve the minutes of the August 18,2003, regular meeting as presented. Berning seconded the motion. All voted aye. 3. CITIZEN FORUM Mayor Peterson asked if anyone wished to address the Council under Citizen Forum. Jeff Lehn - trees issue for City Planner. Received a call regarding an alley in the area- there was to be access for a driveway on Business (Smackdown's) side of the fence and not the residential side of the fence. Resident at 11548 5ih Street was also wondering about the alley area. Gary Vetsch from Smackdown's, Shawn from Spectator's and a representative from Geez came before the City Council to inquire about the 2:00 am closing time for local bars. Mayor Peterson stated that it was put on the agenda on the Monday, June 16,2003. And was again was put on the following agenda. Councilmember Berning agreed to the closing time until the issue came before the council from the business or resident end. Mayor Peterson stated we adopted the Ordinance to keep the closing time to 1 :00 a.m. . . . ALBERTVILLE CITY COUNCIL MINUTES September 2, 2003 Page 2 of7 Councilmember Berning commented that it would have a Public Hearing Notice then schedule it for a City Council meeting. Councilmember Fay commented that he was not for changing the time to 2:00 a.m. for the residents' homes. Mayor Peterson asked the City Attorney to draft the Ordinance for the October 6th City Council meeting. 4. CONSENT AGENDA Berning made a motion to approve the Consent Agenda as presented. Klecker seconded the motion. All voted aye. 5. DEPARTMENT BUSINESS a. FIRE DEPARTMENT There was nothing to report. b. PUBLIC WORKS Councilmember Berning asked to add the skateboard park under the Sheriff s Department supervision. He also asked if there was any way to put up signage at the park regarding littering codes that could be enforced by a fine. City Attorney Ruppe stated we would have to take a look at the current code regarding littering. He commented that it maybe a general littering on a residential property that is in the current code. Have one of the representatives from the Wright County for the next City Council meeting. Someone administratively - Dan or ask Gary Miller to suggest someone. City Clerk Miller will contact Wright County Administration office to have a representative attend. Public Works Supervisor Guimont would like to construct a Gazebo at Oakside Park. PW Supervisor Guimont priced it out and would cost around $6,800. He suggested having it come out of Park Dedication Fees. Klecker approved the gazebo for a limit of$7,000. Fay seconded the motion. All voted aye. Mayor Peterson limit of$7,000 plus tax. PW Supervisor Guimont inquired about the pond behind Casey's General Store. He would like to obtain some type of a metal railing that you find on highways. There is concern to keep it safe and/or clean? Something just needs something done to it. ALBERTVILLE CITY COUNCIL MINUTES September 2, 2003 . Page 3 of7 PW Supervisor would go out for bid. City Engineer Carlson was advised to look at other possible options. Mayor Peterson wants something that would look presentable in the community and would hold up to weather. There was discussion on a sidewalk on CR 19 to install a sidewalk for about' 1 block'. PW Supervisor Guimont or City Engineer Carlson looks into going out for BID on this item. It would involve a sprinkler system located on CR 19. The City would be responsible for relocating / moving of the sprinkler head. PW Supervisor Guimont asked about snowplowing for the 2003-2004 winter season. Who would be responsible for maintaining the trails? City Planner Brixius commented that a few other communities plow trails and or sidewalks only in areas going to schools and leave the remainder of the areas to serve as cross country trails. It was then questioned what the city could do to keep snowmobilers to stay offthe trails. . It is an ongoing project on keeping Ditch 9 clean. There was talk about having the Public Works Department to continue work or something else done about keeping it clean. Councilmember Berning would like to see a cost estimate to keep Ditch 9 cleaned out. He would appreciate it put on the calendar on a yearly basis and decide is this the year we clean the ditch or wait until next year. Do we have funds in the budget to clean it up this year? Klecker made a motion to accept the public works report. Fay seconded the motion. All voted aye. Wastewater Treatment Superintendent Middendorf reviewed his report. The Request from Alpine Homes was then discussed. City Attorney Ruppe wanted to know if anyone from Alpine Homes or the homeowner contacted the City prior to repair. Did the owner begin repair or investigating the problem before they contacted the City? . City Attorney Ruppe stated that if they proceeded before contacting the City, then we, the City, might not be obligated to reimburse the owner and/or builder. The City could consider paying the bills they incurred after they notified the city of the problem. WWT Superintendent Middendorf informed the Council that they began some of the repair prior to contacting the city. ALBERTVILLE CITY COUNCIL MINUTES September 2, 2003 . Page 4 of7 From the consensus of what the City Engineer Carlson and the WWT Superintendent Middendorfwere saying the city is not responsible for the first part of the bills enclosed in the packet. The builder and/or developer should be the responsible party. Alpine Homes took a video of the main and from what the City Engineer Carlson and the WWT Superintendent Middendorfheard the main was full of dirt or fill. The WWT Superintendent Middendorf wanted the Ordinance clarified at what point the city is responsible and where the homeowner is responsible. The Ordinance reads something like from the water main to the right-of-way is the City's and from the water main to the house is the homeowner's. Klecker made a motion to approve the W astewater/W ater Department Report. Berning seconded the motion. All voted aye. Councilmember Berning wanted to get permission from the City use the garage at the former Beatrice Praught's residence. Fay made a motion to approve to allow the Friendly City Days Royalty float to be stored in the garage at the former Beatrice Praught's residences. Klecker seconded the motion. All voted aye. . Mayor Peterson addressed the issue of a crosswalk from the area of St. Albert's Parish to the restaurants on Main A venue. PW Supervisor Guimont would look into stripping off a crosswalk at the intersection of sih Street and Main Avenue from St. Albert's Parish Center to Smackdown's area. PW Supervisor Guimont asked if the City wanted to go ahead with a curb cut for handicap accessibility from the Fire Station parking lot to St. Albert's Church. c. PLANNING AND ZONING City Planner Brixius reviewed the plan for the proposed pier for the Towne Lakes development. Councilmember Berning recalled that he did not want boat slips in the development. Mayor Peterson suggested continuing the Towne Lakes request to the September lSth City Council meeting. City Planner Brixius will review the ordinance and City Attorney Couri will be at the next meeting to review the Towne Lakes Developer's Agreement. . Northwoods Custom Homes wanted to use a garage located at 10474 49th Street NE in the Albertville city limits as a temporary sales office and to use the home as a model home. . . . ALBERTVILLE CITY COUNCIL MINUTES September 2, 2003 Page 5 of7 Councilmember Berning made a motion to approve Temporary use of the garage as a sales office. It would be for a limited time frame only. Fay seconded the motion. All voted aye. Mayor Peterson wanted to know what the current Ordinance is for Peddlers or Solicitors states. He would like to see restricted hours of operation. City Attorney Couri and City Planner Brixius wi11look into the what other communities are doing and come back to the September 15th City Council meeting with a draft Ordinance for review. d. ENGINEERING City Engineer Carlson reviewed the storm sewer drainage improvements. City Engineer Carlson recalled that the city would leave it for now until the time of which the property becomes developed. Would the city council like to align the line at this point in time or not? Councilmember Berning would like to consider aligning the line, but he wants to know the cost involved before we would go ahead with the aligning. Mayor Peterson wanted to know the time frame involved and would it be completed this year 2003 or next spring 2004? City Engineer Carlson stated it could be completed this year. Mayor Peterson made a motion to complete the alignment with the report of the cost. Klecker seconded the motion. All voted aye. Update of Main Avenue, City Engineer Carlson then showed the council what could be done. One option was to put in a retention pond. He stated it would have to be one big pond that would possibly be 16 feet in depth. It just doesn't seem the practical solution. Another option would be to put an additional catch basin(s). It would be a considerable amount of storm sewer line replacement. City Engineer Carlson would like to look at it one storm at a time, one step at a time. Mayor Peterson, Councilmembers Berning and Fay all agreed to proceed with the catch basins at this point. Carlson reviewed another area that was brought to the council's attention since the flooding on June 2003. He pointed out the swale in the area near Sylvester Kolles's driveway and the additional residential neighborhood. . . . ALBERTVILLE CITY COUNCIL MINUTES September 2, 2003 Page 6 of 7 Councilmember Berning asked about the trail that was proposed at sometime to go along the area. City Engineer Carlson stated that if a trail were installed they could put in a pipe to direct some of the water to run off away from the homes. He added that at one time it was full of debris. Once that was taken care of it flowed rather nice. Mayor Peterson asked what's the cost involved. City Engineer Carlson stated around $5,000 or less. Councilmember Berning wanted to confirm that the homeowners would be notified that this would be done. The next item for discussion was in regards to County Road 19 Ditch. On the east side of 19 the flow seems slow. What may need to be done is some clean up. City Engineer Carlson stated that the restoration project is beginning. He will try to monitor the progress. The next item that was discussed was the trails throughout Albertville. Councilmember Berning had a number of issues and concerns with the trails. Mayor approved for the City Engineer Carlson to get the easement from Finken to complete the trail from 'Point A to Point B.' They moved on to the School District Parks issues. It was decided that the Council will discuss the school parks at the joint meeting to be held with the STMA School Board and St. Michael City Council. Mayor Peterson and Councilmember Berning would consider sharing the cost with St. Michael and the school would be responsible for the maintenance of the parks. Councilmember Berning also brought up the irrigation system. He would like that on the agenda for discussion at the joint meeting regarding the Elementary School. e. LEGAL City Attorney Ruppe went over the legal documentation enclosed in the Council Packet. It is basically to cover the city should the developer go ahead with the construction of Karston Cove 3rd Addition. City Engineer Carlson commented that it is the only way to connect 64th Street from Karston Cove 1 st Addition to Kollville 1 st Addition. Councilmember Berning made a motion to approve the Municipal Improvements for Karston Cove 3rd Addition. Councilmember Fay seconded to motion. All voted aye. f. ADMINISTRA nON Councilmember Berning suggested a workshop date of September 15 at 5:00 p.m. with the City Engineer, City Planner, City Attorney, and City Administrator. . . . ALBERTVILLE CITY COUNCIL MINUTES September 2, 2003 Page 7 of7 Councilmember Berning made a motion to approve the Preliminary Tax Levy. Fay seconded the motion. All voted aye. City Engineer Carlson asked if there was a joint meeting regarding the trail/sidewalk agreement. Councilmember Berning commented that they had a joint meeting on Thursday, August 21 st. Mayor Peterson would like to see in the agreement that Albertville maintain it on odd years and St. Michael maintains it on even years or vice-versa. So that whichever city maintains it - it would be cleared all the down the trail/sidewalk at the same time. Councilmember Berning wanted this to be added to the agenda for more discuss at the Joint meeting. Mayor Peterson confirmed the meeting set for Monday, September 29. He wanted it to be at 6:00 p.m. and to be held at the School Board Room. City Clerk Miller will contact St. Michael and the School Board Secretary to inform them of the time and location set. Councilmember Berning noticed the Follow-up sheet was not included in the packet. Please include in the next packet. 6. ADJOURNMENT Klecker made a motion to adjourn at 9: 13 p.m. Berning seconded the motion. All voted aye. (n<.~-~G Don Peterson, Mayor -----~ /J ..~____~" ; /~----- .1 Ie t , () ~m, ffidlxOA-; Bridget Mill ,City Clerk