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2004-11-15 CC Minutes . . . ~ AJ~~!'!tll~ City of Albertville City Council Minutes November 15,2004 Albertville City Hall 7:00 PM PRESENT: Mayor Don Peterson, Council members Dorothy Rich, Ron Klecker, Tom Fay and LeRoy Berning, City Planner Al Brixius, Assistant City Attorney Dave Wendorf, Assistant City Engineer Bob Moberg, and City Administrator Larry Kruse ABSENT: none Mayor Peterson called the City Council meeting ofthe City of Albertville to order at 7:00 p.m. They began with the Pledge of Allegiance. AGENDA MOTION BY Council member Fay seconded by Council member Rich to approve the Agenda with the following amendments. Motion carried unanimously. Add Items: County Road 18 Trail Stop Sign -Yield on Green Premier Truck Service - Truck differential lock Public Works Facility Furniture purchase LaCentre Sidewalk City Hall Architect MINUTES: MOTION BY Council member Klecker, seconded by Council member Berning to approve the November 1,2004 City Council Minutes and the November 2,2004 City Council Election Canvass minutes. Motion carried unanimously. CITIZEN FORUM Mark Frank, Representing the Baseball Association thanked the City Council for use of Albertville's ball fields this past season and presented the City with two $500 checks, one of which is a straight donation and the other is to be used to improve the baseball fields. Mr. Frank suggested the City consider installing a batting cage in the park, and hoped the City would consider doing so. Mayor Peterson and the Council thanked Mr. Frank and the Baseball Association for the donation and their fine efforts. . . . Albertville City Council Minutes November 15, 2004 Page 2 of6 CONSENT AGENDA: MOTION BY Council member Klecker, seconded by Council member Rich to approve the consent agenda pulling NAC check number20598 and the newsletter check number20602. Motion carried unanimously. a. Approve payment of claims check number 10515 to 20562 b. Approve the City Engineer's recommendation to reduce the Letter of Reduction for Towne Lakes Second Addition to no less than $138,781 c. Approve the City Engineer's recommendation to reduce the Letter of Reduction for Towne Lakes Fifth Addition to no less than $1,205,850 d. Approve the City Engineer's recommendation for Application for payment #2 for Prairie Run in amount of $290,220.38 e. Approve Application for payment #2 to Buffalo Bituminous for the 50th Street Trail in the amount of$119,685.85 f. Approve the City Attorney's recommendation to reduce the Chelsea Group's Albertville Outlet Mall Phase III letter of credit to $185,800 as per the Developer's Agreement ACTION ON PULLED CONSENT ITEMS: NAC CHECK NUMBER 20598 The Council requested additional information regarding the breakdown ofNAC Planning billings. Brixius stated that he is very sensitive to the issue and breaks his billings down to the 1/IOth hour. Detailed bills are submitted monthly. Following a brief discussion, the Council was satisfied with the way things are handled. MOTION BY Council member Berning, seconded by Council member Rich to authorize payment ofNAC's check number 20598. Motion carried unanimously. ALBERTVILLE NEWSLETTER The Council questioned sending the newsletter out for printing when the City purchased the new copier a couple years ago for that job. Kruse stated that the late summer newsletter, which was a little larger than usual took two days to do in-house and he was experimenting to see if it is more cost effective to send it out. Kruse stated he will present the Council with an analysis and recommendation for future publications. MOTION BY Council member Berning, seconded by Council member Rich to authorize payment of check number 20602. Motion carried unanimously. Mayor Peterson temporarily adjourned the regular City Council meeting for Public Hearings. . . . Albertville City Council Minutes November 15,2004 Page 3 of6 PUBLIC HEARINGS MOONEY'S ADDITION EASEMENT VACATION: Pursuant to due call and notice thereof, the public hearing to consider vacation of a utility easement in Mooney's Addition was called to order at 7:15 p.m. Assistant City Engineer Bob Moberg reviewed the easement vacation request stating it did not affect any abutting properties or City utilities and he recommended vacating the easement. There were no public comments heard, the public hearing was adjourned. ASSESSMENT OF DELINQUENT UTILITY BILLS AND OTHER DELINQUENT ACCOUNTS. Pursuant to due call and notice thereof, the public hearing to consider assessing delinquent accounts receivable was a called to order at 7:20 p.m. City Administrator Kruse stated that annually, the City reviews its accounts receivables for utility billing and other work the City has performed throughout the year and if not paid by a certain date, certifies these amounts onto the property taxes. Pursuant to state statute due notice has been sent to all affected parties representing a total of$65,721.07. Since the notices were sent, many people have settled up their accounts leaving a balance of $47,941.48. Prior to the actual certification, others may also pay and will be removed from the certification list. Mayor Peterson opened the floor up to public comments: Shawn Matuska of 6198 62nd Street NE, stated he had been given notice ofthe previous home owners bill from two years ago and complained that this is not fair. Staff explained how the system works when there is a change of ownership. City Administrator Kruse recommended the Council pull Mr. Matuska's bill from the certification roll and staffwill work with Mr. Matuska to assist him in contacting the previous owner, real estate sale agent or loan closer on the home to see if they will take responsibility for their bill. There being no further public comments the hearing was closed. Mayor Peterson called the regular City Council meeting back to order. MOONEY'S ADDITION EASEMENT VACATION MOTION BY Council member Fay, seconded by Council member Rich to vacate the Utility Easement in Mooney's Addition described as that part of the east 71.24 feet, lying west of the east 30 feet and southerly of the northwesterly 93 feet, Outlot A, Mooney Addition, Wright County, Minnesota as on file in the office of the City Clerk. Motion carried unanimously. MOONEY DEVELOPMENT AGREEMENT Assistant City Attorney Dave Wendorf reviewed the highlights of the Mooney Development Agreement for Outlot A. . Albertville City Council Minutes November 15, 2004 Page 4 of6 MOTION BY Council member Klecker, seconded by Council member Fay to approve the Mooney Development Agreement presented as on file in the office of the City Clerk. Motion carried unanimously. ASSESSMENT OF DELINQUENT UTILITY BILLS AND OTHER DELINQUENT ACCOUNTS. MOTION BY Council member Berning, seconded by Council member Rich to adopt Resolution # 2004-37 A RESOLUTION CERTIFYING UNCOLLECTED UTILITY BILLS TO WRIGHT COUNTY FOR COLLECTION WITH REAL ESTATE TAXES attaching the list of accounts presented during the hearing and authorizing staff to remove accounts. Motion carried unanimously. DEPARTMENT BUSINESS PLANNING & ZONING AN ORDINANCE AMENDING ORDINANCE 1987-3, THE ALBERTVILLE SIGN ORDINANCE WITH RESPECT TO GARAGE SALE AND OPEN HOUSE SIGNS City Planner Alan Brixius presented his Planning Report dated November 8, 2004 stating the Planning Commission has held a public hearing on the sign matter and since then it has been discussed at length in several council meetings. At the Council's request, staff also held a meeting with affected businesses and solicited their comments. The comments were taken into . consideration in what is being presented to the City Council tonight. The Council expressed concern about the proliferation of signs along CSAH 19, 57th Street and elsewhere. After much discussion, the Council suggested giving the new ordinance a six-month try. The Council expressed to staff the desire for them to enforce the new ordinance using the newly adopted Administrative Penalty Ordinance. MOTION BY Council member Berning, seconded by Council member Klecker to adopt an Ordinance Amending Ordinance 1987-3, entitled The Albertville Sign Ordinance with Respect to Garage Sale and Open House Signs as on file in the office of the City Clerk. Motion carried unanimously. AN ORDINANCE AMENDING ORDINANCE 1987-3, THE ALBERTVILLE SIGN ORDINANCE, WITH RESPECT TO TEMPORARY AND PORTABLE SIGNS MOTION BY Council member Berning, seconded by Council member Rich to adopt an Ordinance Amending Ordinance 1987-3, entitled The Albertville Sign Ordinance with Respect to Temporary and Portable signs as on file in the office of the City Clerk. Motion carried unanimously. . . . . Albertville City Council Minutes November 15, 2004 Page 5 of6 ENGINEERING 1-94 ACCESS WORKSHOP: Assistant City Engineer Bob Moberg asked the City Council to host a Council workshop to gather direction from the Council on one or two preferred options so staff can refine the plans and prepare for presentation to the Minnesota Department of Transportation for their comments. MOTION BY Council member Klecker, seconded by Council member Fay to schedule a Council workshop for Tuesday, November 30th at 6:00 p.m. to discuss 1-94 options. Motion carried unanimously. STATE OF MINNESOTA TRAFFIC CONTROL AGREEMENT FOR CSAH 19 AND CSAH 37. Assistant City Engineer Bob Moberg reviewed an older agreement that was never executed. The agreement had a $22,000 fee that was to be split with Wright County and Mr. Moberg was asked to investigate this further and report back to the City Council. No action was taken. STMA ICE ARENA EXPANSION ARCHITECTURAL BILLING Following up on the Council's pulling of S.E.H.'s Architectural billing from the last meeting, City Administrator Kruse reported in his written report that S.E.H. has submitted a detailed hourly billing statement for the arena. Assuming S.E.H. billed us for 100% of the work, the total bill would have come to $35,601.55. S.E.H. has reduced the amount they are billing us down to $26,301.18. or about 75% of actual work. Further, S.E.H. submitted a letter outlining that the Hockey Association did not come through with work, which would have reduced the bill as originally planned. City Administrator Kruse recommended payment of the bill and further that if the City still wants to construct arena locker rooms, that plans be revised and architectural work be done now in preparation for spring construction. MOTION BY Council member Rich, seconded by Council member Klecker to authorize payment of$26,301.18 to S.E.H. for architectural services for the arena with funds coming out of those escrowed by the Hockey Association. Motion carried unanimously. MAIN AVENUE AND 57TH STREET STOP SIGN Assistant City Engineer Bob Moberg stated that limited traffic information is available for Main A venue and suggested that if the City Council is interested in a stop sign on Main Avenue at 5ih Street, that the City should write a letter requesting a traffic study. MOTION BY Mayor Peterson, seconded by Council member Klecker to write a letter to Wright County Requesting a traffic study ofthe Main Avenue and 57th Street intersection. Motion carried unanimously. CITY ADMINISTRATION: TRUCK DIFFERENCIAL INSTALLATION: City Administrator Kruse presented the City Council with a quote from Premier Truck Services to install a locking differential in the Sterling . . . Albertville City Council Minutes November 15,2004 Page 6 of6 Truck, stating the Public Works Department recommends that it will add to safety and be more efficient. MOTION BY Council member Fay, seconded by Council member Klecker to authorize installation of the locking differential at a cost of $2,646.34. Motion carried unanimously. PUBLIC WORKS FACILITY OFFICE FURNITURE City Administrator Kruse requested the City Council allow staffto purchase office furniture for the new public works facility locally, some of which is now on sale. The Council stated they wanted to make sure that quality furniture was purchased at a reasonable price. The consensus was to proceed with the purchase. NEW COMMUNITY CENTER/CITY HALL City Administrator Kruse requested direction by the City Council on how they wanted to proceed with the City Hall project. The consensus of the Council was to proceed to invite several architectural firms to a workshop to hear proposal on a new facility. COUNCIL COMMENTS: SCHOOL KIDS IN THE STREET Council member Klecker requested we visit with the school to ask the kids running cross country and other sports to use the trails instead of the streets, expressing concern for their safety. CEDAR CREEK/CSAH 18 TRAIL Council member Berning expressed frustration on why the trail was not completed. Staff stated they would review the project and report back to the City Council. ADJOURNMENT MOTION BY Council member Berning, seconded by Council member Klecker to adjourn at 8:35 p.m. Motion carried unanimously. '~/ffL,~ Don Peterson, Mayor ~~x...