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1990-11-06 CC Minutes . . . COUNCIL MINUTES NOVEMBER 5TH, 1990 The regular meeting of the Albertville City Council was called to order by acting mayor Don Cornelius. Members present included Jim Krystosek, Donatus Vetsch, and Bob Braun. Mayor Gary Schwenzfeier was absent. Others present were Maureen Andrews, Thore Meyer, Bob Miller, and Jackie Peterson. The agenda for the evening's meeting was reviewed by the Council. Maureen informed the Council of three additional items to add to the agenda. The additional items included the amendment to the Zoning Ordinance regarding trash enclosures design standards, the review and approval of the bid for the manhole repair on County State Aid Highway (C. S. A. H.) No. 19 at the intersection of C.S.A.H. No. 37 and the review and approval of the Emplc::,ymsnt G.::mtract between the City and the Administrator. A motion was made by Donatus Vetsch to approve the agenda. Jim Krystosek seconded the motion. All were in favor and the motion carried. The minutes for the October 15th Council meeting was reviewed by the Council. Jim Krystosek pointed out that on page 4. paragraph 4, the sentence should read, A maximum of $100.00 per truck load of gravel. which included the cost of the trucking." Donatus then pointed his concern of how paragraph 3, on page 3 read. He wanted to make it understood that all we are stating is that we have the capacity to handle the water if all of the land was developed, and that we will expect compensation for the extra runoff. Maureen then informed the Council that she had talked to Otsego, and they explained that with the upcoming election, they have not yet had the opportunity to respond to our letter of requesting participation in solving the water drainage problem. Donatus Vetsch then made a motion to approve the minutes with the corrections. Jim Krystosek seconded the motion. All were in favor and the motion carried. . The first item of discussion for the evening was the approval of Jim Becher's request for working extra hours to help pay his $500.00 fine to the County. Maureen explained that Jim has completed his community service portion of his agreement. He now would like to be paid for his hours so that he can in turn payoff his fine. The Council was informed that Jim works 20 hours a week under the Lakes and Prairie Program or 4 hours a day at no charge to the City. He had also been working off some Community Service hours as well so he had been working a total of 30 hours per week. At this time Jim has the Community Service hours worked off but still needs to work off the fine. The Council had some concern that all though Jim is doing a good job, and that we have really helped as best we can, we may be just creating a third maintenance position. It was pointed out that in the beginning his job was to only be a temporary part time helper, and he has been with the City ever since. It was noted, however, that he has been on the Lakes and Prairie program or the Summer Youth program. . The Council then calculated out that with 10 hours per week paying $3.95 per hour, it would take approximately 3 months for Jim to pay his $500.00 fine. At that time the Council decided that before they approved any additional hours for Jim Becher, that Ken Lindsay, the Maintenance Superintendent should make a list of all of the projects that he is planning to do. The Council then can determine whether or not it is feasible to provide Jim with the additional hours. The Council then briefly discussed the election procedures for the following day. Do to the limited space in the City Hall, it was decided to place the registration tables in the Fire Hall which is partly the Maintenance shop. The Maintenance Department had planned to do some welding on the 6th. The Council directed Maureen to inform Ken to reschedule the welding and that there will be no welding done in the shop during Election day. The Council then heard from Thore Meyer the City Engineer. Maureen informed the Council that Andy Savitski has requested that the City consider to the final work (i.e. blacktop, curb and gutter) for his commercial plat. He would like to get an estimate on the cost of the improvements since he has someone interested in purchasing one or two of the lots. . Thore stated that the original Feasibility Report provided numbers for the total cost of the improvement including the sewer, water, streets, curb and gutter, but that only the sewer, water and class five was installed under the 1988-7 Improvement Project. He 2 . . . suggested that because of the time delay on the completion of the project and the increased costs of blacktopping that it would be advisable to update the report. He noted that with increasing costs due to the oil crisis that the numbers could potentially be underestimated. It was questioned by one of the Council members whether or not the road would be a 7 or a 9 ton road and if it was the heavier designed would the City be responsible for sharing in the cost of the project as is the potential case for the improvement of 50th Street. Thore noted that the road has been designed to carry 9 tons, since it is a commercial road. He noted that the City would not be responsible for the cost difference between a 7 and 9 ton road because of the fact that the road needs to be 9 ton to carry the heavier traffic. Additional discussion regarding this matter focused on the fact that if 50th Street is upgraded that it would likely be designed as a 9 ton road to handle the additional traffic, but that under Minnesota Statutes (429), a 9 ton road would not be 100% assessed to the abutting property owners because the design would exceed their benefit of the road. The issue of benefit in this instance is effected because 50th Street will likely to be designed as a 9 ton because it is a major arterial road and has the potential for carrying some truck traffic, yet as a normal residential street would only be designed as a 7 ton road. Donatus Vetsch made a motion to order an update of the Feasibility Report for Savitski's Sunrise Commercial Plat for the installation of streets, curb and gutter. Jim Krystosek seconded the motion. All were in favor and the motion carried. The next issue discussed was the drainage problem in Frankfort Township. He said that the City is at a point now that if the project is going to move forward that action has to be taken to move it on to the next step. If the City of Albertville is going to take the lead in this project, it was noted that there certain procedures that needed to carried out. Noting specifically that in order for the Minnesota Department of Transportation of Transportation (MN/DOT) to participate in the project that the City would need to submit to them a request for participation form. Thore had received from MN/DOT the necessary documentation and resolutions He said that the City will need to notify them of a resolution passed by the City and then send a copy of the resolution and a letter requesting their financial assistance on the project. MN/DOT will then process the request, noting that it will take approximately 18 weeks to complete the process. If MN/DOT approves the request they will then share 20% of the total cost of the improvement. It was noted that until MN/DOT approves the request then the 3 . bids can be let on the project. In the mean time the final Feasibility Report can be completed and the required hearings can be held and the bidding process started. It was noted that in addition to these issues that the City and Township would need to deal with the drainage problem downstream of outlet of the City's storm drainage pipe which runs through the Industrial Park. This would likely include talking to the farmers down stream of the drainage area, noting that this could be done while we are waiting for a response from MN/DOT. He pointed out that since we are the carrying party, it would be a good idea that we develop a Joint Powers Agreement with Frankfort Township, the City of Otsego and MN/DOT to protect the City's interest in the project. Jim Krystosek then made a motion to pass resolution requesting MN/DOT's participation in the storm water project. Donatus Vetsch seconded the motion. All were in favor and the motion carried. . The Council then discussed the options for the construction of a new building trying to determine whether or not it should be built for the Fire Department or Maintenance Department. Thore said that he had done some checking into the costs of construction for a masonry building. He noted that he had talked to Jack Jarrad of the Olson Company. Jack had told him that in generality a 50'X 90' shell of a building with 14 foot side walls would run about $89,000.00, additional cost for the plumbing, electrical work and other miscellaneous items will run approximately $26,500.00. Additional cost discussed included: Painting and Partitions Driveways and Parking Lots Soil Correction (of which most of it is completed) $ 3,000.00 $15,700.00 $ 7,200.00 Thore noted that these costs are based on the assumption that the Fire Department members would be providing the labor on the interior areas. Based on any additional costs that could come into play the building could conceivably run about $150,000.00 to $160,000.00 dollars. . Thore added that Jack pointed out that they had problems with the type of heating units we are looking at for the building. He suggested that the building should have higher ceilings if we are considering radiant heat because they had problems with the radiant tubes being to hot and to close to the units and damaging the paint on their trucks. 4 . . . If after checking out the issue on the radiant heat is would be determined that the sidewalls need to be built high that to expect the project to run an additional $2,000.00. At that point the Council decided not to make any decisions until they scheduled a work meeting later in the week with some of the Firemen attending. Maureen then informed the Council that a meeting needed to be scheduled to canvas the election results. After some discussion Bob Braun made a motion to schedule the meeting for Wednesday November 7th at 5:00 p.m.. Jim Krystosek seconded the motion. All were in favor and the motion carried. Thore then told the Council that Maureen and himself had met with Joel Eull 3 weeks prior, and had discussed with him the proper way he needed to crush the chunks of cement. Thore informed the Council that while meeting with Joel he had agreed to use a sheep's foot to crush the rock and then would backfill afterwards. He had told Joel that the cement had to be crushed to fist size pieces. He informed the Council that Joel had completely disregarded what was supposed to be done. Thore went to the site and discovered that there were very large cement chunks and that he had backfilled over the top of it. Thore then said he sent Joel a letter explaining his dissatisfaction with what he did. Joel then sent Thore a letter stating he would correct the problem. Thore then said that nothing has been done as of yet. Hearing no further comments from Thore. the Council tabled the matter until a later date. The Council next discussed the Conditional Use Permit for John Rademacher's plans to build a detached garage. Maureen informed the Council that the Planning Commission had recommended approval of the Condition Use Permit with the following four stipulations. They were as follows: 1. That the applicant takes action to administratively subdivide the three substandard parcels, which make up his property. into two lots which more closely conforms to the standards set forth in the Zoning Ordinance. The subdivision of property should be done in such a manner that the lots would provide for a 75 foot frontage and would equal approximately 12300 square feet each. 2. That the existing garage be removed from the site prior to the Certificate of Occupancy being granted for the new 5 . . . structure. 3. That no other accessory storage building shall be placed on the property now or at any time in the future. 4. That the building be constructed of like materials as the primary structure on the site. After some discussion between the Council and John Rademacher, it was decided that the first point was not necessary, because at some point the three substandard lots had been combined into one lot on Mr. Rademacher's abstract. The second issue discussed was that of how Rademacher proposed to finished the garage. It was noted that the Planning Commission had recommended that the building be finished in like materials as the existing house. It was noted that the house is finished with a stucco exterior. John noted that it was his intention to finish the garage in a cedar siding so that it would accent the trim on his house and the future deck he is proposing to build on the back of the house. After some additional discussion the Council decided that they would allow the garage to be finished in a cedar siding providing that the owner agreed to put on light colored cedar which would blend in with the color of the house. The other issues regarding additional accessory building and the removal of the old garage prior to the issuance of the Certificate of Occupancy were discussed. It was noted that with the standards set forth in the Zoning Ordinance, john would not be able to build any accessory building on his property without a variance because of the size of his proposed garage. It should be noted that John recognizes this stipulation and does not feel that there is a problem with it. Secondly it was noted that the existing garage will need to be removed prior to the use of the new structure. John noted that he would like to use the structure until the new garage is done for storage and will be removing it prior to using the new building because of its location in front of the doors of the new structure. Hearing no further comments from John, Jim Krystosek made a motion to approve the RESOLUTION FOR THE CONDITIONAL USE PERMIT FOR JOHN RADEMACHER, with the stipulations listed above. Bob Braun seconded the motion. All were in favor and the motion carried. Bob Miller noted that Mr. Rademacher should be responsible for recording the deed with the County Recorder's Office. The Council then heard from Robert Miller the City Attorney. The Council discussed the Ordinance pertaining to sewer 6 . connections. Bob noted that in checking with other cities, their ordinances assume that sewer service will be provided by the city in which a property is located but that no ordinance states it directly. In noting the issue that had been raise because of the new high school the 1985-2 Ordinance pertaining to sewer connection has been amended to reflect specific language pertaining to this matter. At that time Bob Braun made a motion to adopt the Ordinance 1990-20 amending Ordinance 1985-2 relating to sewer use regulations. Jim Krystosek seconded the motion. All were in favor and the motion carried. The Council then discussed an Ordinance Revision for Trash Enclosures. According to the Zoning Ordinance all commercial and industrial businesses are required to enclose their trash receptacles. The amendment to the ordinance provides for the Building Inspector to establish the standards for construction of the enclosures to assure that they are built to hold up. . It was noted that the ordinance pertaining to this regulation already exists, being adopted with the Zoning Ordinance in 1988. It was point out that the purpose of the ordinance is to help keep debris better contained. It would also present a much better appearance for surrounding neighbors, etc. There was some discussion as to what kind of materials and type of structure would be required. There was concern that this would be to difficult for the sanitation trucks to get in to empty to containers. The cost factor was also discussed. With all these questions it was decided that the Council would table further discussion until the next meeting, in order to do some checking into the different concerns. The Council next reviewed the Employment Contract between the City of Albertville and Maureen Andrews. Bob Miller reviewed the contract with the Council and Maureen. During the course of the discussion Maureen was asked to leave the meeting so that the Council could discuss the matter with the City Attorney. Upon her return it was noted that the Council wished to table the matter until the next meeting but assured Maureen that the contract would be approved at that time. . The Council then reviewed the Income and Bills to be paid list. The bill from Frankfort township for 114 yards of class 5 gravel was questioned. The Council decided to do some checking into the matter before paying the bill. The bill from Saxon Motors for the repair of the Chevy pickup was also questioned since the truck went in for repairs under warrantee. The Council decided to check into the matter. Bob Braun then made a motion to pay the bills check numbers 7 . . . 10980-11027, excluding checks number 10992 for Saxon Motors, and number 10996 for Frankfort Township. Donatus Vetsch seconded the motion. All were in favor and the motion carried. Maureen then informed the Council that the manhole at the Rail Road intersection on County Road 19, needed to be raised. She presented the bid received by Carlson Construction for $380.00. At that time Thore pointed out that he thought that the cost was to high, and should probable get a bid from Ohman Brothers. The Council then decided to table any decisions in the matter until Wednesday night at the meeting to canvas the election results. Donatus asked if the Thank You notices had been sent out to the Maintenance Department and all who helped complete the new Four Seasons Park project this summer. It was decided that they would go out in the next couple weeks. Hearing no further comments from other members of the Council, Jim Krystosek made a motion and Bob Braun seconded the motion, to adjourn the meeting. All were in favor and the motion carried. 8