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1990-08-06 CC Minutes . . . CITY OF ALBERTVILLE P. O. BOX 131 ALBERTVILLE, MINNESOTA 55301 PHONE: (612) 497-3384 COUNCIL MINUTES AUGUST 6, 1990 The regular meeting of the Albertville City Council was called to order by Mayor Gary Schwenzfeier. Members present included Bob Braun. Donatus Vetsch, Don Cornelius, and Jim Krystosek. Others present included Maureen Andrews, Bob Miller, Thore Meyer, Kevin Mealhouse, and Jackie Peterson. The agenda for the evening was reviewed by the Council. A motion was made by Donatus Vetsch to approve the agenda. Don Cornelius seconded the motion. All were in favor and the motion carried. The minutes of the April l6, 1990 Council meeting was given to the Council at the beginning of the meeting. It was decided to wait in approving the minutes until the next Council Meeting, giving the Council members time to read the minutes before approval. The minutes of the July 16th Council meeting were reviewed. A motion was made by Don Cornelius to approve the minutes. Bob Braun seconded the motion. All were in favor and the motion was carried. The first item on the agenda was the Public Hearing for the Street Improvements for Barthelrs Parkrs Edge. A motion to call the Public Hearing was made by Donatus Vetsch. The motion was seconded by Don Cornelius. All were in favor and the motion carried. Maureen Andrews informed the Council that a notice was posted an published. She also explained that the estimated cost for the improvements would be approximately $95,00f?J.00 Thore Meyer then gave a brief update on the July 16th Feasibility Report for the project. He said the only change in the Feasibility Report related to the issue of the timing of the installation of the second lift of black top. Don Cornelius said that he thought that we should not let the second lift go beyond one year. He felt that it would not be fair to the new home owners and would be a hindrance to them. Make our City. . . . . . . . Your City We invite Home, Industry, Business . . . Donatus Vetsch brought up the placement of the fire hydrants positioned at 30e feet apart. Thore said that the placement was subject to Joint Powers approval. If they wanted the hydrants at 25~ feet, it could be done by placing one on the other side of the cul-de-sac, this would not change the quantity of hydrants. Jim Krystosek then asked how long the improvement contract could be left open before the City had to install the second lift of blacktop. It was noted that usually a contract is not extended out much beyond three years because of the fact that the contractor has to bid the project so not to lose money on the project because of cost difference in construction prices on a year to year basis. Bob Miller stated that the contract could be let in such a fashion so that the prices would not change for the life of the project. Thore noted that the contractors will price their bids accordingly to allow for any price changes that may occur. At that time Maureen pointed out that that the first years construction would include the installation of the sewer and water, the curb and gutter and one lift of blacktop and the second yearPs construction would be for second lift of blacktop. There was no further so Don Cornelius made Krystosek seconded the carried. discussion regarding the improvement hearing the motion to close the public hearing. Jim motion. All were in favor and the motion Bob Miller suggested that a motion be made to formally order the improvement project construction formally and instruct Thore Meyer to prepare the plans and specifications. Jim made the motion to approve the RESOLUTION ON PUBLIC HEARING ON PROPOSED STREET AND UTILITY IMPROVEMENTS NO 1990-1 AND ORDER CONSTRUCTION stipulating that the contract would not be awarded until after the DeveloperPs Agreement for the project is signed. Donatus seconded the motion. All were in favor and the motion carried. A motion specifications Braun and was motion carried. was made to have Meyer-Rohlin prepare the plans and for the CouncilPs review. The motion was made by Bob seconded by Don Cornelius. All were in favor and the The next item on the agenda was the Public Hearing for the Street Vacation for the Old 152 Right-of-way. Donatus Vetsch made the motion to call the Public Hearing to order. Don Cornelius seconded the motion. All were in favor and the motion carried. Maureen informed the Council that the meeting had been posted and registered. The minutes should reflect that no one was present for the hearing. PAGE 2 . . . Bob Miller said that it is not clear yet as to who is the rightful owner of the property. He pointed out that Keith Franklinrs attorney was having a title search done to determine who the land would revert back to. Bob stated that this needed to be done so that the City was not creating a new parcel which would not be buildable. It was suggested that the Council not take any action on the matter until this issue was clarified. The Council discussed briefly some of the problems that may arise if the City approves this road vacation prior to the water problem being resolved. After more discussion the Council decided to table the decision until the water problem issue has been solved. A motion was made by Jim Krystosek to close the hearing. The motion was seconded by Don Cornelius. All were in favor and the motion carried. The next topic of discussion was the Public Hearing for Variance of size for storage shed for Ron Yanish. The Planning Commission meeting was called to order by Chairman Tom Haller. Members present included Mark Daleiden, LeRoy Berning and Donatus Vetsch. Commission member Rick Bishop was absent. The Public Hearing was called to order by Mark Daleiden. LeRoy Berning seconded the motion. All were in favor and the motion carried. Maureen informed the Planning Commission and Council that the Notice of the Hearing had been published and posted as required. Maureen briefly reviewed the Planning Report prepared on the Yanish request. The two bodies were informed that because of poor soil conditions that exist on the lot that Mr. Yanish was not able to build an addition on his garage and was therefore requesting a Conditional Use Permit to allow a 20' X 20r storage shed in his side yard. The report indicated that a permit had been pulled in October of 1989 for such addition, but when the construction was started that the poor soil condition were found. The report went on to explain that according to Kevin Mealhouse, if the condition of the existing soil under the garage is questionable that he would would not allow the addition to be attached to the existing building because of potential shifting of the building. Maureen pointed out that if the finding of fact are proven to be true than the Yanish property does meet the hardship definition as described in Section 500.1 (2). pertaining to the issue of variances and therefore the Conditional Use Permit should be granted. At this time Mr. Ron Yanish explained to the Council that last ~GE3 . . . fall when he was planning to build the garage addition, he had checked the soil with a backhoe, up to the garage. He stated that he had gone down 12 feet and still did not find suitable soil for footings. Ron told the Council that he would have rather built on to his garage for the extra space. But since he can not, he would like to build that same size. It was suggested that Ron should have a core sample done. The of the test would be approximately $400.00 to $500.00. Ron said had a drill rig available and could get it out to his place the day. After some additional discussion it was agreed that several would be dug up so Kevin could inspect them, if Kevin felt the were marginal he would then require the core samples to be done. cost he next areas soils It was noted that the Planning Commission would have a meeting on August 9th and could review the findings at that time. The issue of amending the Ordinance was then discussed at this time. It was noted that there appears to be a problem with the ordinance and should be discussed and changed if that is the wishes of the Planning Commission and Council. Maureen pointed out that this decision should not hold up the Yanish matter because Ron had proven a hardship which is the justification for approving the conditional use permit. The two bodies decided to postpone any formal decisions at this time, suggesting that the matter be tabled until the August 9th meeting, giving Ron time to have to core sample done and presented the finding to the Planning Commission. At that time Mark Daleiden made a motion to close the public hearing. Leroy Berning seconded the motion. All were in favor and the motion carried. LeRoy Berning made a motion to table the issue to the August 9th meeting of the Planning Commission. Mark Daleiden seconded the motion. All were in favor and the motion carried. A motion was then made to adjourn the Planning Commission meeting. The motion was made by LeRoy Berning and seconded by Mark Daleiden. All were in favor and the motion carried. The next item on the agenda was the Maintenance Department. Ken Lindsay had no updates for the Council at this time. In Engineering, Thore Meyer updated the Council on the Feasibility Report for Sanitary Sewer trunk to St. Michael Albertville school. Thore informed the Council of the changes. He said that the report shows that the Sanitary Sewer line will serve through to the South West corner of the school. PAGE 4 . . . Donatus Vetsch questioned why the increased 16% from the original report explained that at that time the plans did extension of the sewer trunk to the school. reason for the increase. costs for the project had put out last year. Thore not reflect the additional The additional line is the It was then decided to schedule a work meeting to project out to 1991 and 1992 to bring everything up to date. The Council instructed Bob Miller to send a letter to the School Board about the connection changes and what the options are and the monies needed for the changes. Don Cornelius made a motion to accept the revised feasibility report with the extended sewer trunk to the school. Jim Krystosek seconded the motion. All were in favor and the motion carried. The Council then reviewed the letter Bob sent to Frankfort Township. The letter was to confirm the City of Albertvillers interest in resolving the issue of drainage and flooding currently under discussion. The letter also asked that Frankfort Township to respond with a letter of what their intentions and expectations of Albertville are. Thore and Maureen told the Council that they had gone out earlier and looked at the situation. Maureen decided to take a real close look at the situation by getting right down to it. She found out that "Yes, there is definitely a water problem here" They said that the water is flowing. The calvert is flowing but the water is 4 to 6 inches over the top of the 6 inch pipe. The Council decided it would be a good idea to contact Alfred Zachman and suggest another meeting with him. The Council decided that the City would just wait for the letter of response from Frankfort township, before making any further moves. ~e previous the City. Council reviewed the letter sent to Mr. Loren Kohnen the building inspector, regarding the settlement between him and Bob Miller pointed out that he felt that the City should pay what we rightfully owe Mr. Kohnen and settle the matter. He pointed out that he would meet with Mr. Kohnen with a letter of agreement, and a check from the City, in exchange for the records he owes us. A motion was made by Don Cornelius the instruct BOQ Miller to meet with Mr. Kohnen. Have Mr. Kohnen sign the settlement papers and give him the check in exchange for the files. Jim Krystosek seconded the motion. All were in favor and the motion carried. The Council reviewed the bills to be paid. Donatus Vetsch made a motion to pay the bills. Jim Krystosek seconded the motion. All were in favor and checks 10689 through 10752 were paid. ~GE5 . . . The issue of building a Banner Cabinet was discussed. Maureen informed the Council of the bid received. She explained that the cabinet design shows them to be 6 inches deep, 72 inches high, and le8 inches long. It would have 3 doors with paneling inside and cork on the inside of the door. With the doors closed the City could mount the maps, and when the doors were open the Service Organizations could display their banners. The cost of the project would be $860.00 dollars. The question of where the money was to come from was raised. Maureen felt that it would come out of the remodeling fund. After some discussion the Council decided that they would wait until after the first of the year at budget time for any more major purchases. At that time the issue was tabled until a later date. The Council looked at the bids received for installing the hand rail for the main entrance steps. Donatus Vetsch pointed out to the Council that he had talked to Superior. He said that the quote he got from them over the phone was $285.f?Je, not $185.f?Je like the bid says. He felt that there was either a typo on the bid or he was misquoted over the phone. He then told the Council that he would call Superior back in the morning to confirm the actual price. the the the Bob Braun made a motion to have Donatus check on the bid. When bids are in, accept the lower one, and have that company install railing. Jim Krystosek seconded the motion. All were in favor and motion carried. Gary Schwenzfeier suggested that instead of installing a canopy at the doors and windows, we should install gutters. This will eliminate the water running off of the roof on to people. Also, he expressed his concern about the miscoloration of the new stucco put on the building. He felt that it could be from water coming off of the roof. If we install gutters, it would keep the water from splashing on to the sides of the buildings also. After some discussion, the Council felt that they should run one along the main door roof and a shorter one along the back door entrance. The cost of gutters runs about $3.50 - $3.6e per foot installed. The Council decided that the building would need 45 feet of gutter and 4 down spouts. This would be a total of $6f?Je.f?Je dollars. There was no further discussion at that time. Jim Krystosek made a motion to change the September 3rd Council Meeting to September 4th due to Labor Day on the 3rd. Don Cornelius seconded the motion. All were in favor and the motion carried. PAGE 6 . . . The Council then set the Public Hearing for the 1989 Improvement Project. They set the date for September 4th, at 7:eftJ p.m. Don Cornelius made the motion to set the date. Bob Braun seconded the motion. All were in favor and the motion carried. Maureen Andrews brought up the issue of purchasing the radios Jim Krystosek, for the Maintenance Department. She also pointed that if the City did purchase the radios, they would need to have crystals installed. The crystals would cost $4ftJ.00 each. from out new Jim then told the Council that he is obstaining from any decision making regarding his radios. He did remind the Council that he does have other buyers and that the Council promised a decision one way or the other to be made at this meeting. The Council decided that they did not need all 7 radios. The Council felt that it would be feasible to buy the 3 Midland mobile radios, and the 1 Midland hand held radio. They asked Jim if he would be willing to sell just the Midlands to the City. Jim said that he would do that. He told the Council that he would need to get $l,0f?Jf?J.00 for them. Donatus Vetsch made a motion to purchase the 4 Midlands for $1,000.00 and the new crystals for $16ftJ.00, for a total of '$1, 16ftJ.00 dollars. Bob Braun seconded the motion. All were in favor and the motion carried. Donatus Vetsch informed blacktop in the new park. He undermining the blacktop. He before it starts breaking away. the Council that he had checked the said that the soil is washing away and said that something needs to be done After some discussion about the possibilities, it was decided that we would have Ken push dirt in for leveling purposes. The City will wait until fall to put in the sod. Hearing no other comments or discussion, Don Cornelius made the motion to adjourn the meeting. Donatus Vetsch seconded the motion. All were in favor and the motion carried. "" -PCfJ<2..7