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1990-09-04 CC Minutes . . . COUNCIL MINUTES SEPTEMBER 4, 1990 The regular meeting of the Albertville City Council was called to order by Mayor Gary Schwenzfeier. Members present included Jim Krystosek, Donatus Vetsch, Bob Braun and Don Cornelius. Others present were Maureen Andrews, Bob Miller, Thore Meyer, Ken Lindsay, and Jackie Peterson. The agenda for the evening's meeting was reviewed by the Council. Maureen informed the Council that there were four additional items to be added to the agenda. They were the lot and railroad mowing issue, Jackie Peterson's 3 month salary review, setting a public hearing for the delinquent sewer assessments, and the ordinance regarding the increase of meeting per diem for Council special meetings, Planning Commission, Park Board and Joint Power meetings. A motion was made by Don Cornelius and seconded by Jim Krystosek to approve the agenda with the additions. All were in favor and the motion carried. The minutes of the August 20th Council meeting were reviewed by the Council. Donatus Vetsch pointed out that the 1st Paragraph on page 3 should say the the cost is $1,203.00 per mile, and that the road is approximately a 1/2 mile long or $6021.00 per time. Further noting the total annual cost for dust control will run $1,203.00. With no further comments a motion was made by Jim Krystosek and seconded by Donatus Vetsch to approve the minutes, with the changes. All were in favor and the motion carried. The first item on the agenda was the Public Hearing on Psyk's 4th addition Assessments. Don Cornelius made a motion to open the hearing. Bob Braun seconded the motion. All were in favor and the motion carried. Maureen informed the public that a notice was posted and a letter was sent to all the concerned residents. Thore Meyer then gave a brief explanation of how the assessments were derived for the street improvements. He said that the total cost of the project would be $IW,~.OO dollars, which includes construction cost, engineering, contingencies and issuance expenses. Thore noted that the project costs are approximately $10,02f2l.OO less than the original estimated projected costs. . Thore noted that there was one correction to the assessment roll. It was pointed out that the Carron property should have been assessed a full assessment instead of a half of one so the total assessment was reduced for all the lots. He then went on to show the residents with the aid of a chart, that there were 29 single frontage lots with full assessments, 6 corners lots that will be charged an assessment and half for the front and side yard assessment, and 4 lots that would be assessed a 1/2 of full assessment for the side yard frontage as is established City policy. It was noted that cost of the project was originally proposed to be assessed $2,531.65 for a single lot, $1,465.88 for a 1/2 lot assessment and $3 , 997 . 53 for tl1e corner lots. With the correction to the assessment roll the new figures are $2, 5f20. e0 for a full assessment, $1,450 for the 1/2 lot assessments and $3,950. e0 for the comer lots. At this time the assessment roll discussion was open to the public. . Doug Psyk questioned the assessment on Lot 1, Block 5, (P. LD. :# 101-028-e05010), which is a comer lot. He said that since he has no blacktop and no curb and that the lot at present is way to low he should not have the full assessment. He questioned why this lot was being assessed at this time when the black top had not been installed along the side yard of the property. He further commented that he felt that the curb had been set at to high of an elevation and would prob9.bly need to be removed and replaced when the next phase of developnent ()("....curs. Thore commented that the reason the full assessment had been place on the lot in question is that the Class 5 and curb and gutter had already been installed along the north property line of the lot in question. He noted that the curb was installed so that the elevation were established for house placement and that the blacktop was not installed because of the need to extend water and sewer for the next phase of residential development. The issue of the elevation of curb was discussed briefly. It was pointed out that these elevations had been established at the time of the platting and the installation of the utilities, noting that the regulations established for the elevation of water line placement required a minimum ground depth and that in this area the lines are in at the minimum depth. . Doug then commented on his concern that as additional work is done along tl1e side of this property that he will be further assessed for the new work. It was noted that it is the City's policy to set the assessment after the work has been COD'.\Pleted, noting that once tl1e assessment is established for the improvement that it can not be assessed for again. Under Minnesota State Statute, Chapter 429 J it states that the City has to prove benefit to the property at the time of the assessment and to further assess a lot the City would have to prove addi tional benefit. PAGE 2 . Don Cornelius said that he understood Doug's point. He said that there should be a notation in the minutes that if the curb would have to be removed and replaced along with the installation of blacktop, that it would not be assessed at a later day. Thore also commented on the fact that old assessment rolls are always checked to assure that a lot is not double assessed for the same work. He then asked Doug if he was assured by the Council that it would not happen and if it were in the minutes, would he be satisfied with that. Doug said that would be fine, and that he would like a copy of the minutes. The next issue discussed was the work done on the driveway at 11400 54 1/2 Street. Brian Carlson, who was representing his father, Ray Carlson, informed the Council that his father was not able to be at the meeting but wanted the Council to be aware of the fact that they were not satisfied with the job done by Buffalo Bituminous. The problem seems to be that the blacktop was not installed properly, noting that they felt that the blacktop was rolled cold, that there was settlement along the edge and that is does not drain proper ly . . He explained that the driveway is porous in spots and it sags in others. He said the driveway was laid with 1 1/2 inch rock and no fine. He said that when the driveway was poured, the contractor waited around for almost an hour before they rolled it noting that the base was wet underneath the blacktop and therefore there was problems with the job. He pointed out that because of the time of the year, the temperature was cooler the quality of the job may not have been as good as it could have been if the project was done earlier. Thore informed the Council that he had been out to look at the site and would check with Buffalo Bituminous to see what can be done to correct the problem.. He also said that with the problems described, it would not work to simply sealcoat the driveway. It would then have to be redone. The next item discussed was the replacement materials used on Mark Bauer's driveway at 11422 54 1/2 Street. Mark pointed out that when his restoration was done to his lot, it was done poorly an with the wrong materials. He said that he had red rock and that it should have been replaced with red rock, instead it was replaced with Class 5. He said that it seemed that the curb and gutter was put in all right. He questioned the work done on the seeding and restoration of the boulevard. He noted that in general it was not a very nice job and wondered if this is standard policy. Thore then explained that under policy the restoration of the boulevards are now left up to the developer under the requirements of the Developer's Agreement. . The residents present were also informed that the City had not been happy with the seeding job and that the contractor was not paid for all the materials used, because of the waste that occurred. page 3 . . . With no further questions or comment from the residents, Don Cornelius made a motion to close the public hearing. Jim Krystosek seconded the motion. All were in favor and the motion carried. A motion was made by Donatus Vetsch to accept the street assessment roll with the corrections and approve the Resolution adopting the assessments. Bob Braun seconded the motion and the motion carried. The next i tern on the agenda was the Maintenance Department. Ken Lindsay informed the Council that the completion of the Four Season's Park is coming along nicely. He said the tennis court has been completed. Ken said that he continues to have problems with washouts. He said that we really need to get the sod installed soon. He said he had contacted a couple sod companies. He said that Maple Lake Sod had the best price for seconds at $.65 per yard. He explained that seconds are patchy and have some weeds in it, but for our purposes, it would work just fine. The Council asked Ken how much sod he thought the Park would need. Ken said he really did not know how much it would take. There was some discussion as to where the sod needs to be placed. The sod needs to be put on each side of the walkways and up the hill. Don Cornelius made a motion to purchase 802l yards at $.65 per yard. Then lay it out to see where we are at. Donatus Vetsch seconded the motion. All were in favor and the motion carried. Ken then explained to the Council the we need to get some black dirt for seeding the rest of the park. Also, he feels that there should be a retaining wall put up behind the playgrounds because the gravel keeps washing down into the grass. He felt that it should be 18" high. The Council did not understand what Ken was trying to say so it was decided that the Council would go out and take a look at the problem and decide what actions to take to correct the problem. Maureen then talked abou.t the weed mowing issue. She pointed out to the Council the map showing the problem areas that need to be mowed. She suggested to the Council that we take bids for the job as a complete job, and not on a per hour basis. She explained that there were 36 lots J the railroad property, and road ditches to be mowed. The cost of having this mowed would be assessed to the property owners. A motion was made by Don Cornelius and seconded by Jim Krysv.JBek to get the bids in by Tuesday and accept the lowest bid. All were in favor and the motion carried. PAGE 4 . . . The Council then discussed the new building issue. The next step would be to get bids on the soil corrections needed before construction. Maureen pointed out that keeping the soil corrections separate from the overall construction of the building, will help the City to keep better control over what is being done during construction. It was decided to have a work meeting after the bids have been received, to decide who will get the bid. Ken had questioned how long is this going to take. It was assured that the building will be done some time this fall. Thore Meyer then gave the Council an uPdate on the drainage problem in Frankfort Township. He said that he had sent Frankfort Township a letter with an estimated cost of for a line to go south to accommodate the drainage from Albertville. He said that we have not gotten a response from them yet on this. Thore also explained that Pete Raatikaa is working on the estimated costs for a line to run along the freeway, and also the cost to have the existing drainage route corrected. Maureen informed the Council that Albertville has received the bill for the emergency drainage correction done earlier. Albertville' 6 share for paYment was $661.67. The Council felt that this was a fair price. The Council then discussed 50th Street, and what has been done. Thore said that he thought that maybe the City should take a look at what could be called the first phase of construction. The cost of this would be assessed for a residential street. He suggests some thought in cutting down some of the hills and widening the street to 44 feet. Then run a matt down the middle. That could be considered the first lift. Then at a later date when needed we could at that time put in curbs 3 inches higher than the matt, and add another lift of pavement. He felt that 50th street probably would never have to have sewer put in. The Council decided to hold a work meeting to discuss the issue. With no further comment the issue was tabled. The Council then heard from Bob Miller. the City Attorney, regarding the building permit issue. He said that he had talked to Mrs. Kohnen and is still working with them to resolve the issue. Bob went on the tell the Council that Eull Concrete should receive a letter from David Licht which suggested to seize any further filling until they apply for and receive a permit from the City. A motion was made by Jim Krystosek and seconded by Donatus Vetsch to have a letter sent to Eull Concrete telling them they must seize filling until they apply for and receive a permit. All were in favor and the motion carried. Bob then addressed the G & K building issue. He said that David had found some zoning violations. The City needs to advise them of the violations. page 5 . . . A motion was made by Bob Braun and seconded by Donatus Vetsch to send a letter to G & K informing them of the violations and that a representative should contact the City. Maureen then informed the Council about the 1190-7 ordinance. As of 1991 Annual fudget, the pay rate for City Council members would remain the same 'but that meeting per diems would be changed to $25. 02J for Joint Powers meetings, $20.02J for Special meetings, and $15. 02J for Park Board and Planning Commission meetings. Donatus Vetsch made a motion to adopt the ordinance as is. Jim Krystosek seconded the motion. All were in favor and the motion carried. The Council reviewed the Income and Bills to be paid. A motion was made by Donatus Vetsch and seconded by Don Cornelius to pay the bills, check numbers 10788 through 10831. All were in favor and the motion carried. Donatus asked if Qnann Brothers had corrected the walkways in the park yet. It was decided to have Ken check into it. Don asked if there were going to be some restrooms put in down at the Four Seasons Park. Ken told the Council that the Lions were not going to put any in this year 'but may be planning to do so in the Spring. It was decided that we would look into installing some satellite units from Scherer Bani tat ion for 2 months this fall. Maureen informed the Council that Jackie Peterson's 3 month salary increase was due. The amount agreed upon at her starting date was $.25 increase per hour after 3 months of service. A motion was made by Donatus Vetsch and seconded by Bob Braun to accept the increase. All were in favor and the motion carried. The Council reviewed the 1990 Census Local review report. Maureen told the Council that the figure of 1,242 residents could go up since they are still getting all the numbers put together. Maureen told the Council that for their information there was a memo regarding the meeting of the new school location. There may be some changes and that the school may go more westerly than originally planned. The Council set a meeting for Cbtober 1, at 7: 02J p. m. regarding the Assessment for delinquent sewer paYments as well of the weed removal issue. The Council then reviewed the Sheriff's report, and the Park Board minutes . Don Cornelius then asked what was being done regarding having the City Contract for garbage hauling. The Council decided to check with HFG and West Tonka to start getting some costs together. PAGE 6 . . . "\ . Don then informed the Council that 18 wheelers are going through on 51st Street. He reminded the Council that there are ordinances for this not to be done, and that we shou.ld enforce the ordinance. He wou.ld like to see a Deputy patrol that area and start ticketing the drivers for doing this. The question was raised regarding the blacktop by the railroad on C. S. A. H. 19. Maureen said that the blacktop was purposely left off so that they could match it up with the new track alignment. She said she would check with the County Engineer regarding this matter. With no further CODIIlent from the Council members, Jim Krystosek made a motion to adjou.m the meeting. Don Cornelius seconded the motion. All were in favor and the motion carried. PAGE 7