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1986-08-18 CC Minutes , .. CITY OF ALBERTVILLE 6 ALBERTVILLE, MINNESOTA 55301 PHONE 497-3384 COUNCIL MINUTES AUGUST 18, 1986 The regular meetIng of the AlbertvIlle CIty CouncIl was called to order by Mayor Walsh. Members present Included Gary Schwenzfeler, Donatus Vetsch, Don CornelIus and Bob Braun. Others present Included Maureen Andrews, Barry Johnson, Gary Meyer and Don BernIng. There v~as some dlScusslon on the MInutes of the August 4th meetIng. Maureen was asked by Mr. Ron Glbbonb had not been scheduled for August 18th meetIng. The CouncIl was Informed that the EngIneer and AdmInIstrator had agreed that SInce there was no pay request before the CouncIl and the MPCA had not yet approved the water balance test results that he would not need to apprear at the meetIng, but would be requIred to appear the next tIme a pay request was made After the dIScussIon there was a motIon made by Don CornelIUS and seconded by Gary Schwenzfeler to approve the mInutes as read. All were In favor and the mInutes were approved. e Mr. Don ZIerKe of GrIes, Johnson and ASSOCIates was present and revIewed the 1985 AudIt Report and Management Letter. The CounCIl agreed WIth the housekeepIng Items the AudItors found and requested that at the next budget work meetIng the Items be dIscussed v~lth Bob MInkema and at a later CounCIl meetIng make the necessary motIons to make the changes. The motIon to accept the 1985 AudIt Report was made by Don CornelIUS and seconded by Gary Schwenzfeler. All were In favor. The publIC hearIng on the Carl Welter lot subdIVISIon was called to order after a fIve mInute delay WhICh was requested by the CIty CounCIl. The recorded IS to note that there was no ObjectIon to thIS request by the CounCIl. The CounCIl revIewed the lot subdIVISIon and asked If there were any questIons or comments from those present for the hearIng (see attached lISt). In hearIng none, a motIon to allow the subdIVISIon of 4.19 acres (more or less) from the eXIstIng land was made by Gary Schwenzfeler and seconded by Donatus Vetscg. All were In favor. There was a MotIon to close the hearIng made by Don CornelIUS and seconded by Bob Braun. All were In favor. Doug Psyk was present to request fInal plat approval of the Psyk's 4th AddItIon. The matter was opened for dISCUSSIon. . Don CornelIUS made a motIon to change the name of 54! Street to Psyk DrIve. Gary SchwenzfeIer made the second and after some dIScussIon recInded hIS second. No new second was offered so the motIon was WIthdrawn. It Make our CIty Your CIty We inVIte Home, Industry, BUSiness Mlnutes- _=:3 .\ Page 2 . Donatus Vetsch then made a motlon to keep the name of the street as 54! Street, WhlCh was then seconded by Gary Schwenzfeler. The Ite~ was then called for a vote and thIS IS the result. Gary Schwenzfeler-yes, Donatus Vetsch-yes, Don Cornellus-yes, Bob Braun-yes and Jlm Walsh-no. The motlon carrled. There was a motlon to accept the Psyk's 4th Addltlon flnal plat, pendlng Gary Meyer's flnal approval of the abstract. The motl\? was made by ]bYl c..bI',..j ULU..l:l and seconded by ~ na...J.tA..s.. I. +~bJ All were In favor. ... The publlC hearlng on Ordlnance 1986-3, AN ORDINANCE AMENDING ORDINANCE 1975-6, RELATING TO PARKING WITHIN THE CITY OF ALBERTVILLE was called to order by Mayor Walsh. Gary meyer read the Ordlance and then opened the matter up for dlScusslon. There was some questlon about seml-tractor traller belng to restrlctlve of language. Maureen was asked to look Into the ~atter some more and the hearlng was extended to September 2nd at the next regularly scheduled Councll meetlng. Mr. Jerry Holland of the Albertvllle Llons was present to dlSCUSS two ltems. The flrst Item was the Llon's Organlzatlon's appllcatlon for a gambllng llcense from the State of Mlnnesota. The Club requested that the Clty walve lts rlght to a thlrty day reVlew perlod durlng WhlCh tIme the Clty would have a rlght to state obJectIon of the appllcatlon. e There was a motlon made by Bob Braun and seconded by Don Cornellus to walve the thlrty day reVlew perlod and In turn approve the State's lssuance of the llcense. All were In favor. The second Item Jerry dlscussed was the Llon's wlsh to put a addltlon to the eXlstlng Clty Hall WhlCh would In turned be tuened over to the Clty, but the Llons would have a 100 year lease on the bUlldlng for thelr use. It was agreed that the Gary Meyer as the CIty Attorney and a LIons member would work on a draft lease agreement WhICh would be satIsfactory to both partles. No actlon was taken on apprOVIng the addItIon untIl such tIme the LIons brlng In a plan for reVIew. There was request that the publIC hearIng on Ordlnance 1986-4 be delayed for flve mlnutes In order to flnlsh the dlScusslon regardIng the Llon's proposal. There were no obJectlons so the hearIng was delayed. Jerry Holland was requested to brlng to the CounCIl Informatlon regardlng the value of teh bUlldlng, the Slze of bUlldlng and a set of plans of how the bUlldlng wlll look. He agreed to get the Informatlon together and meet wlth the Councll at a later meetlng. The publlC hearlng on Ordlnance 1986-4 was called to order fIve mInutes late. The hearIng was for the adoptIon of 1986-4, AN ORDINANCE REGULATING WIEGHT LIMITATION WITHIN THE CITY OF ALBERTVILLE. The Ordlnance was read by Gary Meyer and then opened for dlScusslon. The followlng Items came up: e ., . e . < . MInutes Page 3 1. That permIt fees be establIshed for dIfferent ton vehICle's ~that money would go Into a street maIntenance fund. 2. That there IS a need for temporary permIts that would be Issued as part of or In conjUnctIon wIth a bUIldIng permIt. 3. That SectIon B should be broken out Into the followIng catagorles: Yearly LImIted PermIt and that the fee schedule shollld Included as part of the OrdInance. The publIC hearIng was contInued untIl the September 3rd CouncIl meetIng. The records should note that no one was present for the hearIng. Gary Meyer requested that he would be allowed to meet wIth VIrgIl POllout regardIng the easement needed for the extensIon of Lander and was excused from the meetIng. WhIle waItIng for Gary and Mr. POUlIot, the bIlls were revIewed. There was a motIon made by Donatus Vetsch and seconded Don CornelIus to pay bIlls. All were In favor and the bIlls were paId, checks Included 17388 to 7412. Maureen was dsked to check wIth Gary Meyer regardIng the ClInIc Bond regardIng the agreement between the CIty and Health Central. LeRoy BernIng was present to request lImIted beer lIcenses for two events--the Jaycee Dance and the FIremen's Fund RaIser. There was a ~otlon to approve the lIcense for the Dance made by Donatus Vetsch and seconded by Don CornelIus. All were In favor. There was then a motIon made by Don CornelIus and seconded by Bob Braun to approve the lIcense for the FIremen's Fund RaIser In Octorber. All were In favor. LeRoy when dIscussed wIth the CouncIl a sIgn for the entrance to the IndustrIal Park. After some dIScussIon It was suggested that LeRoy work on a couple of dIfferent Ideas and come back to the CouncIl to dISCUSS It In more detaIl. By thIS tIme Gary Meyer had completed hIS dIScussIon wIth VIrgIl POUlIOt and presented POUlIOt'S request to the CouncIl, WhICh were as follows: 1. That the CIty hIS property for: A. B. C. WhICh ever came fIrst. would defer the SpecIal Assessments on 5 years; UntIl the property was sold; or UntIl a bUIldIng permIt was applIed for \ 2. That he granted a varIance on the mInImum frontage requIred (90') provIded that he followed the requIred proceedures for gettIng a varIance granted (publIC hearIngs and fees stIll apply In thIS case). 3. That the CIty of AlbertvIlle pay hIm $3,000.00 for the easement. The followIng pOInts were then brought out: 1. An average lot In AlbertvIlle has been sellIng for around $5,500.00 (130'XIOO') and the easement needed for the street measures . Mlnutes Page 4 . 60' by 82.5 or approxlmately 38% of a regular shape and Slze lot, WhlCh when caculated out (uslng the gOlng lot prlces) the value of the land would be $2,094, meanlng that POUllot was asklng a hlgher prlce then the land was worth. 2. Gary pOlnted out to the Councll that the Clty has never pald for an easement of thlS type and could be settlng a precedence for future proJects. 3. Gary also pOlnted out that Clty could do a qUlck taklng, WhlCh lS a form of condemnatlon, WhlCh could result ln the Clty havlng to pay a hlgher cost for the land. 4. Doug Psyk, belng the developer of the proJect was asked what he thought of the requests made by POUllot. He sald that he would agree wlth what the Councll's flnal agreement was but felt that all developers are forced to for felt the land to develop streets and ln thls case the Clty lS paYlng the lander owner for glvlng them the opportunlty to develop a couple lots. 5. Gary then pOlnted out to POUllOt that lf the Clty was requlred to go through the process of condemnlng the land that Clty would not llkely grant the deferrment requested. The same belng true lf the Clty bought the land. . Vlrgll was then asked to comment on the dlScusslon that Just taken place. H1S comments focused on the fact that at one pOlnt there was some dlScusslon regardlng hlS belng glven flll for hlS lot and why the Clty was no longer dlscusslng that lssue. It was explalned that the amount of flll needed would requlre all the flll from the proJect and not allowlng lt to be used ln other areas that need lt as well. In addltlon the fact that the flll was not gOlng to be glven lS one of the reason the Councll was conslderlng the grantlng of the deferrment. As a summary of the dlScusslon the followlng 3 optlons were pOlsed to the Councll for thelr comment: 1. The Clty could pay for the easement, grant no deferrment and agree to grant a varlance provlded that all the necessary proceedures were followed; 2. Make no payment for t~e land, grant a deferrment for 5 years or untll the land lS sold or bUlldlgn permlt lS applled for, WhlCh ever comes flrst, and agree to grant the varlance required provlded that all the necessary proceedures were followed; or / 3. Proceed wlth the QUlck Taklng, not grant def'rrment, but grant the varlances requlred provlded that all the proceedures were follwed. . The followlng comments were made: Gary Schwenzfeler--Not ln favor of bUYlng the property; Donatus Vetsch--Wllllng to pay for the easement, provlded that lt was a falr prlce. . M1nutes Page 5 . Bob Braun--If we pay for th1S easement w1ll could run 1nto the type of problem aga1n and could result 1n a lot large settlement then what we are looklng at 1n thlS case. Don Cornellus--Could pay someth1ng for the easement but not grant the easement. Jlm Walsh--Agreed w1th Bob and Gary that no money should be pald for the easement. Gary Meyer was asked what the Clty optlons were on awardlng the b1ds and proceedlng wlth the work. He sald the work could get started but that untll an agreement was slgned or the land was condemned no one could enter onto the property to do any work. Flnally the property owner was glven th1S opt1on or the Counc1l would proceed to condemn the land: 1. That the Clty would grand a deferrment for 5 years, or untll the land was sold or a bUlldlng permlt was applled for, whlchever comes flrst; and 2. That the C1ty would grant a varlance provlded that the proper proceedures are followed. If the property owner agreed to thls optlon the Clty would enter 1nto an agreement wlth the owner at the next meet1ng of the Counc1l, but 1f the owner was not to agree wlth thlS optlon then he was contact the Clty so that Gary Meyer could proceed wlth the process of condemnlng the land. . These optlons were presented 1n a motlon made by Don CornellUS and seconded by Gary Schwenzfeler. All were 1n favor. At thlS tlme lt was also reafflrmed that Gary Meyer should be preparlng an agreement between the Clty of Albertvllle and Mr. Clem Marx regardlng not belng assessed for the storm sewer on the front property because lt wlll not beneflt from ltS lnstallatlon. Mr. Bernard Roden ~Mr. Bernard Vetsch, both local farners and Mr. Dave Smlth of PPM were present to dlSCUSS the water problem the eXlsts out on the PPM property. Maureen was requested to read the portlon of the mlnutes from the November 18, 1985 Councll m1nutes relat1ng to Mr. Smlth's assurance that_ the water problem would be resolved thlS summer (see mlnutes that are attached). Mr. Roden and Mr. Vetsch explalned that they are experlenclng water problems on the1r land and feel that the problems are a dlrect result of PPM's retenslon pond. Mr. Smlth, when asked explalned to the Councll that they are no longer uSlng the heat exchange system because the water does not stay cool enough to run thelr equlpment and that they are now looklng lnto a water tower system Wh1Ch would be a closed loop system wlth no water dlscharglng on the out- slde of the bUlld1ng. ~ . When asked what type of a tlme table the company was looklng at, the Councll was lnformed that b1ds were currently belng accepted on the tower and that he expected that 1t would take about 2 weeks to lnstall the tower once . MInutes Page 6 . the Board of DIrectors has approved the tower InstallatIon. DurIng the course of dIScussIon both farmers agree that the water table has been hIgher thIS year In comparlsIon WIth other years but stIll feel that somethIng needs to be done. It was fInally agreed that Mr. SmIth was to get back to Maureen by the September 2nd CouncIl meetIng WIth some answers to the farmers' and CouncIl's concerns. Bernard Roden also asked that the BUIldIng Inspector look Into the mess out at Andy's Camper and request that the area be cleaned up before the CertIfIcate of Occupancy IS granted. Maureen was also requested to send a letter to MAT PropertIes regardIng the problem as well. Gordy BernIng came In to see how the CouncIl felt about hIm InstallIng a pole bUIldIng, wIth a shIngled roof and overhangs In hIS back yard. The bUIldIng would measure 30'X36' and would be 12' hIgh. The CouncIl felt that SInce there was no OrdInance regardIng pole type bUIldIng and If the bUlldlgn meet the bUIldIng codes that there would be no problems. . The Local Government AId for 1986 was revIewed, It was In the amount of $53,215. There was some dISCUSSIon about lookIng Into the cost of havIng a census done. There was a suggestIon to contact the school for the gUIdlInes the use for fIgurIng the number of students they WIll have. There was also some talk about dOIng a door-to-door count to get a sense on what type of growth we could expect to see In a census count. No actIon was taken on thIS matter. The followIng bUIldIng permIts were approved on the folloWIng motIons: PermIt 142: 11651 55th Street for Gary Vetsch -- New Home MotIon made by Bob Braun and seconded by Don CornelIUS. All were In favor. PermIt 143: 5154 Lannon Street for Barthel ConstructIon -- New Home MotIon was made by Donatus Vetsch and seconded by Gary Schwenzfeler. All members were In favor. (pendIng payment) Permit 144: 11731 55th Street for Ray Bongaarts -- New Home MotIon was made by Don CornelIUS and seconded by Bob Braun. All were In favor and the motIon carrIed. A letter from DynImac DeSIgners was dIscussed by the CounCIl. The letter IS In reference to the home that IS located at 5616 Lake Street, WhICh could have some potentIal water problems because the garage floor IS at a lower elevatIon the the fInIshed street grade. e The CounCIl questIoned the BUIldlgn Inspector WIth regards to how th~s problem could have occured and what has to be done to correct the problem. Maureen was asked to send a letter out to the bUIlders explaInIng the CIty's concerns regardIng the home. In addItIon, Maureen, Barry, Loren, Lynn and the bUIlder were requested by the CounCIl to get together to resolve the problem before It becomes a bIgger one. . Mlnutes Page 7 . The bUllders are to requested to present a tlme table and plan for taklng care of the problem. Barry strongly suggested that the BUlldlgn Inspector take the tlme to contact hlm at Meyer-Rohlln to get flnal grade elevatlons for streets In an effort to clrcumvent thlS type of problem from occurrlng agaln. Jlm Walsh and Don Cornellus updated the Councll on the meetlng between the Clty and Frankfort Townshlp regardlng the lawsult. The meetlng was held after a exteremly short JOlnt Powers meetlng. The agreement the the two partles came to lS as follows: That the Clty of Albertvllle wlll not annex any of Frankfort Townshlp for a perlod of ten (10) years provlded that lt lS ln accordance to the rlghts provlded for ln the State Statutes, wlthout the consent of Frankfort Townshlp; and That the money the Clty reCleves for the rental of the watertower property($5,OOO.00) would be turned back to the JOlnt Powers for the repalrs of sald towers. The Clty would agree to thlS stlpulatlon as long St. Mlchael does as well; and Flnally that the Clty could not agree to pay back the monles lncurred by Frankfort Townshlp wlth regards to the pendlng lawsult. e Maureen was requested to contact Bob Mlnkema regard1ng settlng up the last budget meetlng and the Budget hearlng. Tentatlve dates are September 9th for the work meetlng and September 15th for the adoptlon of the Budget. There was a motlon made by Don Cornellus and a second by Donatus Vetsch to change the Councll meetlng startlng tlme from 7:00 p.m. to 7:30 for the wlnter months. Result of the vote: Gary Schwenzfeler-No, Donatus Vetsch-Yes, Don Cornel1us-Yes, Bob Braun-No, Jlffi Walsh-Yes. The motlon carrled. Barry was requested to prepare feaslblllty reports on the sealcoat1ng and patchlng of Lander and the gravellng the tops of the dlkes out at the Wastewater plant. The Open House for the Wastewater Treatment Faclllty wlll be reschedule for later In September once thlngs begln to slow down. Barry sald that he would put together a letter Wh1Ch could be sent out to the contractor requestlng the cooperatlon whlle the curb and gutter and streets are gOlng In. Maureen lS to send lt out to all the permlt holders that are effected by the constuctlon. There was no other buslness so there was a motlon to adjourn. The motlon was made by Donatus Vetsch and seconded by Bob Braun. All were 1n favor. e .