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2004-08-02 CC Minutes . . . ALBERTVILLE CITY COUNCIL City of Albertville Minutes August 2, 2004 Albertville City Hall 7:00 PM PRESENT: Mayor Don Peterson, Council members LeRoy Berning, Tom Fay, Ron Klecker, Dorothy Rich, City Engineer Pete Carlson, City Planner Alan Brixius, City Attorney Mike Couri, and City Administrator Larry Kruse Absent: None Mayor Peterson called the City Council meeting of the City of Albertville to order at 7:00 p.m. MINUTES: MOTION BY Council member Rich, seconded by Council member Klecker to approve the minutes of the July 19th regular meeting as amended. Motion carried unanimously. AGENDA: MOTION BY Council member Rich, seconded by Council member Klecker to approve the agenda adding the following items: ~ Legal o 50th Street Trail Easements o Prairie Run · Easement Agreement · Developer Agreement · Completion date Motion carried unanimously. CONSENT AGENDA: MOTION BY Council member Klecker, seconded by Council member Fay to approve the following consent agenda items pulling check number 20095 and 20066. a. Approve payment of claims check number 20052 to 20121 b. Approve of authorizing FTN Financial as one of Albertville's investment brokers c. Acknowledge receipt of The Cove's of Hunter's Lake EA Wand authorize staffto notice it to the public d. Set an Economic Development Authority (EDA) meeting for August 16th at 6:30 p.m. regarding the Lease Revenue Bond for the Public Works Facility e. Authorize the City Attorney to proceed with collection litigation regarding Edina Development's delinquent developer fees Motion carried unanimously. . . . Albertville City Council Minutes August 2, 2004 Page 2 of 5 PULLED AGENDA ITEMS: Check number 20095 and 20066: A Paynesville Engineering bill was presented, which was not a part of S.E.H.'s bill, and noted that it was not approved and City Attorney's billing regarding codification services. City Attorney Couri explained his involvement with the codification process. MOTION BY Council member Berning, seconded by Council member Fay to authorize payment of check number 20095 and 20066. CITIZEN FORUM Jean Barthel requested a crosswalk and stop sign to be located at Lander and Main Avenue stating numerous pedestrians cross there. City Engineer Carlson stated a stop sign may not be appropriate there, however a cross walk could be an option. Mayor Peterson concurred and suggested staff look into it further. Residents east of the Albertville Crossings stated their dissatisfaction with the lack of maintenance around the storm water pond and their view of the unsightly dumpsters behind Albertville Crossings. City Engineer Carlson reported that he and City Administrator Kruse has reviewed the situation and Carlson will contact Cascade Land Development, owner of the stormwater pond to grade and sod the area in question and further to request regular maintenance. Staff was asked to review the development plan for Albertville Crossings to check for compliance with the plan regarding screening of garbage dumpsters. Clate V oda stated residents along Kagan and Kahl who have big rear lots that back up to a cornfield want to leave a part of it in native prairie rather than a mowed lawn. Mayor Peterson requested that they get documentation of a consensus of the neighbors to allow this and possibly the City ordinance could be amended to add a limited opportunity for something like this in certain situations. DEPARTMENT BUSINESS: STREET AND PARK DEPARTMENT: Public Works Supervisor Guimont submitted a written report regarding how other cities are managing their skate parks. Most have a certain degree of difficulty with managing skate parks. No new ideas or concepts were learned from the survey of neighboring communities. Again, the Council stated they would like a resident group to come forward to work collaboratively on this, if the City is going to re-install the skateboard equipment. PLANNING: None . . . Albertville City Council Minutes August 2, 2004 Page 3 of 5 ENGINEERING: HEIDI'S CAR WASH WAC/SAC Rob Nelson requested the Council reconsider the WAC/SAC fees. The sales representative was present and projected the average number of car washes per day at 37, and the City's formula would be based on 100 units. City Engineer Carlson reported that the Mobil car wash was calculated at 75 and since then the formula has been changed to 100. Carlson stated that the City Council could consider using the 75-unit amount ifthey so wished for the SAC portion, but not the WAC, as the majority ofthat goes to the Joint Water Board. The Council requested to table further discussion of any reduction until staff identified what the City used for DJ.'s car wash and Pat's car wash. Staff was asked to present this information at the next meeting. JOINT WATER BOARD WAC The City Administrators and City Engineers of St. Michael, Hanover and Albertville met with Joint Powers Water Board Administration and Engineers to review operations. During discussion of a WAC fees survey, St. Michael and Hanover suggested that all three cities must adhere to the Metropolitan WAC/SAC manual for how fees are calculated. The City of Albertville deviated on Spectator's, Cobom's and D.Michael B's restaurant. Based on that discussion, staff was seeking direction from the Council on how they wanted to handle the issue. Based on information given the Council as follows: Cobom's Store (WAC) 16.67 Units = $31,688.5 (Met Council formula) WAC Paid = $26,000. (Based on water usage) Difference= $5,688.50 Spectator's (WAC) 15.6 Units (Met Council Formula) 6.1 Units Albertville Modified Formula 9.5 Units Difference times (X) $1,500 = $14,287.50 D.Michael B's (WAC) 24.75 Units (Met Council Formula) $38,362.50 15.84 Units Albertville Modified Formula 8.91 Units difference times (X) %1550=$ $13,810.5 Total $33,786.50 Staff was directed to send out a revised billing to the three parties and pay Joint Powers Water Board the difference. It was discussed that St. Michael and Hanover will encounter the same dilemma that Albertville has on WAC units. Mayor Peterson and Council member Fay will bring the WAC unit issue up to the board stating that if in the future the WAC calculations get changed, then Albertville should be reimbursed for the difference. . . . Albertville City Council Minutes August 2, 2004 Page 4 of5 MICHAEL POTTER TECHNICAL EVALUATION PANEL (TEP) EXEMPTION DENIAL On July 13, 2004 the TEP submitted a recommendation to deny Michael Potter's request for Exemption Number 8 be denied. Jack Perry, Attorney for Michael Potter presented his legal arguments for Exemption Number 8. The Council requested the TEP be at the next meeting to present their findings. MOTION BY Council member Berning, seconded by Council member Rich to table the Michael Potter Exemption Number 8 recommendation until the August 16th meeting. CSAH 37 TRAIL ALIGNMENT City Engineer Carlson reviewed the trail alignment asking the Council for direction if it is okay to have the trail meander somewhat around utility poles and other obstacles, or is the council steadfast in having it a certain distance from the street. The Council agreed that in certain locations it only makes sense to meander a little, however to keep it separated from the street for pedestrian safety is a priority. It was also agreed that an 8- foot wide trail was adequate. LEGAL: PRAIRIE RUN 50th STREET EASEMENTS MOTION BY Council member Fay, seconded by Council member Klecker to approve the purchase of permanent 50th Street Trail Easements from the Zachman Family Partnership as on file in the office of the City Clerk. Motion carried unanimously. MOTION BY Council member Fay, seconded by Council member Klecker change the date to remove all the cattle from the Heuring property to September 1, 2004 and all manure issues to October 1,2004. Motion carried unanimously. MOTION BY Council member Fay, seconded by Council member Rich to change the completion date in the Prairie Run Development Agreement from October 31,2004 to July 31,2005. Motion carried unanimously. COUNCIL: MOTION BY Council member Berning, seconded by Council member Fay to leave the 2005-2006 Council salaries as is with no increase. Motion carried unanimously. MOTION BY Council member Rich, seconded by Council member Fay to set 7:00 p.m. on August 9, 23 and September 13 and 27 as council workshop dates. Motion carried unanimously. . . . Albertville City Council Minutes August 2, 2004 Page 5 of 5 MOTION BY Council member Berning, seconded by Council member Fay to set Wednesday, August 11,2004 at 6:00 p.m. for a meeting with the County Sheriff to discuss law enforcement issues. Motion carried unanimously. ADMINISTRATION: ADJOURNMENT MOTION BY Council member Fay, seconded by Council member Klecker to adjourn the meeting at 9: 10 p.m. Motion carried unanimously. J2~/~ ~~_.~. ~ Don Peterson, Mayor