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1990-07-16 CC Minutes '" " .. I; f\ . COONCIL MINUTES JULY 17, 1990 The regular meeting of the Albertville City Council was called to order by Mayor Gary Schwenzfeier. Members present included Bob Braun, Don Cornelius, Donatus Vetsch, and Jim Krystosek. Others present included Maureen Andrews, Bob Miller, Thore Meyer, Kevin Mealhouse, Ken Lindsay, and Jackie Peterson. The agenda for the evening was reviewed by the Colmcil. Maureen Andrews noted that three additional items needed to be added, that were not included on the agenda. 1. Call from Pete Radaca, Frankfort Engineer regarding a possible Joint Power" s Agreement with the City of Albertville and Otsego Township for the purpose correcting the water problem in Frankfort Township. 2. The public acknowledgement of the Lion" s Gambling License application. ... 3. The firemen" s request for additional training money and discussion on the need for a new water truck. The Council reviewed and made note of Maureen" s additions. A motion was made by Don Cornelius to approve the agenda. The motion was seconded by Donatus Vetsch. All were in favor and the motion was carried. The minutes of the July 2nd Council meeting were reviewed. A motion was made by Donatus Vetsch to approve the minutes. IOn Cornelius seconded the motion. All were in favor and the motion was carried. The first item on the agenda was a request to allow for a variance in size for a storage shed for Ken Lindsay. The Council was informed that Ken had made request to remove it from the agenda. Under Department Business the first item was Maintenance. Ken Lindsay informed the Council that he had no updates at this time. -" The issue of the Maintenance Department purchasing radios was brought up. Maureen told the Council that she had been talking with Brad at the Wright County Comrmmications office. Maureen said that Brad told her that he could not tell how old the radios were mlless she could provide him with serial numbers. He informed. her that if these used radios were on repeaters it could (. . . . ~ \, " be expensive to awi tch over to our frequency. He stated that if the City could get the serial numbers he could tell what the dollar value of the r~ios would be also. Jim Krystosek said that the Midland radios were the same frequency. They are exactly the same as the other ones except that they are 5 years older. It was also noted that the pagers the City owns are on a different frequently and that we would need to get a separate frequency for the radios and pagers. Jim then said he would get the serial numbers together for Maureen to give to Brad. Jim Krystosek made a motion to have Maureen schedule a meeting to review the facts and findings, and to make a decision at that time. Bob Braun seconded the motion. All were in favor and the motion carried. The next item on the agenda was Engineering. Thore Meyer gave a brief presentation of the Feasibility report for Barthel~s Parks Edge. Thore explained that since there was only one property owner there would be a 1021% Petition for Improvements. It was questioned whether or not an Improvement Hearing would need to be held in this case. Bob noted that it was his preference to hold the hearing regardless. The Feasibility Study noted that the project would be served by the existing sanitary sewer on Barthel Industrial Drive, noting that a manhole would need to be cut into the existing line. All the service connections to the individual lots would be made from Lansing Circle. The watermain will consist of the extension of the existing 8 inch service lead originally installed as an industrial site sprinkler service. By using this existing service the City will eliminate the second cutting of Barthel Industrial Drive. The water mail will also be extended from the end of the cul-de-sac through the walkway to connect to the existing park service line, thus providing a water loop instead of the deadend lines for Lansing Circle and Larabee Circle. All water service will be made to the main on Lansing Circle and not Barthel Industrial Drive. The report noted that all storm drainage within the development will be handled by surface drainage, utilizing the proposed streets as the conveyance system. No storm sewer is being proposed. A cross-gutter will be constructed . where Lansing Circle intersects with Barthel Industrial Drive to maintain the existing flow on Barthel Industrial Drive and provide an outlet for Lansing Circle. The street improvement will consist of 3 l/2-inch bituminous pavement and surmotmtable concrete curb and gutter placed over a l2-inch gravel base on Lansing Circle. The boulevard section shall be shaped to the proper cross-section with the existing soils. It will be the responsibility of the developer to provide the 4-inch topsoil and sod at such time the homes have been constructed. The contractor shall seed the existing materials to provide only a temporary grass cover. PAGE 2 . . . " The report suggested for the curb and street preservation ~ s sake, the City should let the bituminous surfacing in two separate contracts. . The first surfacing contract would be for a 2-inch base course, followed with a second contract, after all homes had been b.rllt. This would consist of a 1 1/2-inch wearing course. The report suggested that the walkway to the park area would be covered with 4 inches of topsoil and sodded by the street contractor. The path would be located between lots 4 and 5. Thore noted that he h4d received a copy of the draft COPY' of the Developer.s Agreement for the subdivision. It was pointed out that the developer would be responsible for the installation of a bituminous parkway. Thore stated that there was enough money in the improvement project to cover the installation of said walking path. Thore then went on to explain some of the costs involved in the project. CCGT SUMMARY The estimated costs for the above improvements are: 5ani tary sewer $18,lW.OO 17,700.m 23,r2m.OO 6,r2m.OO Water main Street construction, Phase I Street Construction, Final Lift 5% Contingencies $64,~.OO 3, 24f?J.OO 11,660.00 18% Engineering TarAL $79,700.00 Thore also pointed out that no bonding, financing, administrative or . legal costs have been included in these figures. The report noted that the improvements were feasible and should be be done as proposed, and will be a benefit to the abJ.tting properties, so therefore can be fully assessed. There was then discussion the some of the issues discussed in the report. The issue of two contracts for the blacktopping was questioned. It was pointed out that this process would save the condition of the blacktop which can be severely damaged during the home construction. By letting two contract the final lift would go in after any necessary repairs are made to the street and there would be a clean look to the street. PAGE 3 . . . .' Maureen then suggested that if the City was to undertake the project in this fashion that the seo::md lift of blacktop should be f~ in for assessment purposes. Bob Miller stated that he did not know if these option could be tmdertaken because of the requirements of Minnesota Statute 429. He stated that tmder the 429 financing that there is an one year stipulation regarding awarding the contract after holding the improvement hearing. He also pointed out that may be a problem with trying to assess for work that has not been tmdertaken prior to assessing the improvement. He said that he would check with Mary Ippel to see what her opinion on the' issue would be. Assuming that this option is allowed, Thore suggested that the cost for the second lift of blacktop would lUll arout $6,020.120 to complete the project. Jim Krystosek asked what would happen if the final lift should cost $8,~.t20 dollars instead of the the $6,em.t20 that would be assessed for, who would be responsible to pay the difference? Thore pointed out that there should not be mch difference in the quoted price. The cost of repairing damage done to a second lift wilt at the same time would outweigh the small difference in cost in waiting to construct. D:m Cornelius questioned whether there were to be 8 or 9 lots. Maureen said that the lots were to be cut down to 8, only if they could not meet the conditions set in the Planner's Report. Donatus Vetsch had a question in regards to the placement of the fire hydrants. Thore explained that the report is suggesting that they be located 3t20 feet apart instead of the 25el feet required by Joint Powers. It was noted that if Joint Powers does not agree to the placement that they will be relocated accordingly. Bob Braun asked Thore if there would be storm water drainage from the industrial drive. Thore said that the way the drainage is designed that there would not be any. A motion to accept the feasibility report and set a hearing as soon as possible was mad by Bob Braun. The motion was seconded by Don Cornelius. All were in favor and the motion was carried. The Council then discussed briefly the Feasibility Report for Sanitary Sewer trunk to St. Michael-Albertville High School. There was a work meeting scheduled for Tuesday evening. After some discussion the meeting was rescheduled for 5: t20 p. m. . The next item on the agenda was legal b..tsiness. The Council discussed the Adoption of Ordinance 1990-6; AN ORDINANCE RmULATIOO THE USE OF otn'lXX)R AREAS OF ON-SALE INTOXICATlOO LIQUOR LICENSE PREMISES AND PROVIDlOO A PENALTY FOR VIOLATION THEREOF. Specifically the bar Omlers of the 152 Club, requesting to p.tt in a garden bar, which would serve liquor and play recorded music. Bob Miller briefly described the ordinance. PAGE4 /. . . I, " He said the bar hours requirements are as requested in the July 2nd meeting. He did add an emergency exit to the fence. He included the stipliations that the fence would be 6 feet in height for visual, aesthetics and noise control. He also reiterated that this is a draft oopy only. Mike Zachman and Marv Vetsch, two of the bar owners were present to discuss the issue with the Cotmcil. They expressed their ooncem regarding the early hours. Mike said the reason for the garden bar is to provide room for special occasions, such as Friendly City days, the Smelt fry, and Softball tournaments, ete. Donatus Vetsch also thought the time was to strict and should be moved to 11:30 for serving drinks and the IWSic to be turned off at 11:00 p.m. Bob Miller pointed out the possibility of issuing special permits for special events, as the City does with Beer Permits, and Bingo events. This way the ordinance could grant extended bar and IWSic hours. The ordinance could include the stipulations needed regarding the special events permit. He suggested that the ordinance could also include a limit as to how many time a year a special permit could be issued. Jim Krystosek questioned if the Council adopts the ordinance now. and the bar becomes a problem with the residents, how long would the ordinance be in effect before it could be change? Bob Miller said that a new ordinance could be adopted at the time of their renewal of their liquor license. Donatus Vetsch questioned the size of the patio. Mike explained they had planned on the patio being 25 r X 35 r and wish to p.lt in a volley ball court. The Council felt that their request was appropriate and that this would be a standard size. The Council further discussed the ideas with Mike and Marl. The Council felt the number of special events should be limited to no more than 6 times during the year. The Council considered the fact that many of the occasions the City has may run for several days. Don Cornelius suggested that the event permits be limited to 6 times per , year and each permit be limited to no more than 3 days. The Cotmcil requested that Bob redraw the ordinance. There were several different time stipulations discussed as well as each of their merits. It was finally agreed that the ordinance should read that there be no IWSic broadcasted or played in the outside area after 11:r20p.m. on regular days. and no IWSic played or broadcasted after 12:021 midnight with the special events permit, The Council also stipulated that there be no alcoholic beverages served after 11:45 p.m. nor consumed after 12:00 midnight on regular nights. CbJasions with a Special Permit may serve alcoholic beverages between 12: 00 and l:m a.m. . PAGE 5 . . . .. At this time Don Cornelius made a motion to have Bob Miller make the necessary changes to the ordinance by changing the time set forth in the discussion and to add the stipulations for Special Events permits. Jim Krystosek seconded the motion. All were in favor and the motion was carried. The Council then discussed the drafted amendments to Personnel Policy Section .19, regarding vacation leave. Bob Miller noted the only changes to the policy was the word "temporary" to clause. (A). and the addition of clause (I) . regarding full-time pennanent employees. He pointed out that everything else is as. it was. At this time Donatus Vetsch made the motion to approve the amended personnel policy. Don Cornelius seconded the motion. All were in favor and the motion carried. The Council discussed the Park Ordinance No. 1990-5; ON ORDINANCE AMENDIm ORDINANCE NO. 1989-15 ENTITLED "AN ORDINANCE ESTABLISHlm RULES AND REGULATIONS GOVERNIm CITY PARKS AND PROVIDIm A PENALTY FOR VIOLATION THEREOF" BY PROHIBITIm THE OPERATION OF CERTAIN VEHICLES AND DEVICES ON PAVED TRAILS. The purpose of the amendment was to stip,tlate the use of certain vehicles and devices that would be prohibited in the Four Seasons Parle As requested at the July 2nd meeting, Bob had drafted the Ordinance to prohibit the use of motor vehicles, motorcycles or motorized bicycles, bicycles, all-terrain vehicles, snowmobiles and skateboards. There was several minutes of discussion between the Council and members of the community regarding the prohibiting of bikes in the park. It was pointed out that because of this parks location that there may be people who will want to take their small children down to the park to ride bikes and that the ordinance would not allow this. After some addition discussion it was a agreed that the City would try allowing bikes on the paths, rot that if there are problems that arise that the ordinance could be amended in the future. Hearing no other ccmnents or discussion, a motion was made by Donatus Vetsch, to approve Ordinance No. 1990-5; ON ORDINANCE AMENDIm ORDINANCE NO. 1989-15 ENTITLED "AN ORDINANCE ESTABLISHIm RULES AND REGULATIONS GOVERNUoD CITY PARKS AND PROVIDIm A PENALTY FOR VIOLATION THEREOF" BY PROHIBITIm THE OPERATION OF CERTAIN VEHICLES AND DEVICES ON PAVED TRAILS with the deletion of the word "bicycles" . Bob Braun seconded the motion. All were in favor and the motion . carried . It was suggested that because the 152 Club was looking to construct the deck yet this SUDm1er that it might be advisable to adopt the ordinance pertaining to the sale of intoxicating liquor outdoor prior to the August 6th Council meeting so that they could start the construction of the deck. A motion was then made by Don Cornelius to accept the Ordinance 1990-6; AN ORDINANCE REGULATIm THE USE OF OOTlXX)R AREAS OF ON-SALE INTOXICATlm LIQUOR LICENSE PREMISES AND PROVIDlm A PENALTY FOR VIOLATION THEBEOF with changes. The motion was seconded by Jim Krystosek. All were in favor and the motion carried . Next three members of the Albertville Fire Department, Eugene Valerius, Rick Wacker. and Dave Vetsch were present to request that the Council approve PAGE 6 . . . ~, additional compensation for the firemen who go through the EMT and First Responder classes in addition to the regular training completed as a requirement of being on the Fire Department. They explained that the total hours p,lt in for the EMT training is 110 classroom hours and 1021 hours study time at home. The First Responders class has 40 classroom and 40 home study. The cost of the EMT training is $250.021 and the First response class is $125.021. Every two years they can attend refresher classes at half price. The Fire Department feels that the volunteers who take these classes, should be reimburse for the cost of the training. After some discussion fun Cornelius made a motion to to pay for EMT and 1st Response training upon completion and certification of the course. Jim Krystosek seconded the motion. All were in favor and the motion carried. The members of the Fire Department then raised the issue of the condition of the water truck.. They explained that the truck. is 15 years old with 95, ~ miles on it. The brakes constantly go out , it does not start easily , it does not have enough generating power, and they.. also feel that 12, ~ gallon capacity is not enough for many of their calls. They requested that the Colmcil please consider p.u-chasing a new unit. Their request is for the largest water capacity single axle chases truck. available. They estimated the cost would be in the range of $65,~. 021 and $70, ~. 021. Maureen pointed out that the 1991 bldget has allowed for a new truck.. The firemen said that by the time all the pricing of trucks, and the ordering of the new truck was complete, it would be 1991. 50 would it not be better to not spend a lot of money on the old truck, and save it for a new one. Gary SchwP..nzfeier said that the Fire Department has to have something now. So they will have to repair the one they have. In the mean time he suggested that the men check into the costs of a new truck.. Maureen pointed out that if the Department did not do something about the problem, the Department could loose their rating. Jim Krystosek offered to check into some prices on an 1a,~ gallon, single axle truck with 2 wilt in a" x a" outlets. Dave Vetsch said that the Department would also form a committee to check into the matter. All agreed and the issue was tabled. The Council then reviewed the Bills to be paid. Jim Krystosek made a motion to pay the bills, check number 10662-10696. . Bob Braun seconded the motion. All were in favor and the motion carried. Bob Miller then informed the Council that the new owners of Wright Recycling should sign a new contract with the City since the original contract was with other owners. He also made note that the July payment be sent to the old owners. PAGE 7 i .!j.~ i . . \. The Colmcil then discussed the Park Shelter at the new park. The Lion ~ s Club has agreed to p.tt in the shelter, and will p.tt it in on the lower pad, which is closest to the parking lot and the proposed restroom facilities. The next item on the agenda was the dumping of items on the Eull Concrete Site. Donatus Vetsch informed the Council that he went out to take pictures and look at the problem. He said that people have been dumping Iron, Pump tanks, different crating materials and other mise. materials. Maureen Andrews suggested that Kevin Mea1house go out and inspect the problem and follow through with appropriate action. There was no further discussion and the issue tabled till the next meeting when Kevin could update the Council of what he feels should be done. Next the Council reviewed a letter racei ved Monticello's Animal Control Shelter. The letter states the increase needed to cover the costs of impounding animals. The current fee is $6.75 per day and effective August 1. 1900 the rate will be $7.25 per day. The issue of the water drainage problem in Frankfort Township was then discussed by the Council. Frankfort Township has asked The City of Albertville to share in 1/3 the cost to have a feasibility study done to resolve the water drainage problem. The cost of a study would be approximately $5.~.00 - $8.~.00 dollars. Their wish is to have the study include the land all the way to the river. The Cameil felt that if the City was going to participate in the feasibility study that it should include the possibility of outletting the storm water generated on the south side of the freeway through the major storm sewer system located in Barthel ~ s Industrial Park. The Colmcil discussed at length, different possibilities and ideas. There was confusion as to what exactly Frankfort Township ~ s wishes are. . Bob Miller said that the City of Albertville should write a letter to Frankfort Township asking them to respond with a letter of intent. That way there will be some documentation generated. and will show Frankfort Township that the City is not ignoring them, as well as the fact that the City of Albertville wishes to resolve the problem. After more discussion the Cameil felt that the City of Albertville should not have to pay for 113 of the expense of the Feasibility study, l:ut would be willing to share their fair share. It would all depend on how rrIlch of the study included our land. The next item on the agenda. was the approval of the Lion ~ s gambling license. Bob Braun made the motion to approve the license. Don Cornelius seconded the motion. All were in favor and the motion carried. In other l:usiness Maureen Andrews informed the Council that she had racei ved a bid on a canopy for the front door. The canopy would be like the one that Vetsch Olstom Cabinets has on their l:uilding. The cost would nm $1.~.r20 for the door and $125.00 for each window and a gutter on the back door. PAGE 8 j . ( , . " , ... Mayor Gary Schwenzfeier felt that we could have a nice "A" shaped covering over the steps with braces that extend back to the wilding to hold it up. This would eliminate any lX)Bts that could be hazardous or a nuisance, He said that he had discussed this project with Ken Wacker and he felt that the project could be completed, including labor for under $3OO.m dollars. The Council then discussed the dimensions that the "amopy should be. Gary felt that it should be at least extend 8~' to 12" beyond the front of the steps. yet still stay under the roof line. Maureen raised the question as to what kind of ,railing the Colmcil felt the steps should have. Donatus said that he would contact Ralph Lahn to get some quotes on railing. Maureen inform the Council that Gary and Donatus had worked on the landscaping of the wilding today. Gary said that there were some trees to be p.;lt in yet and that it should be done some time this week. At that time Donatus made the motion to adjourn the meeting. Don Cornelius seconded the motion. All were in favor and the motion carried. page 9