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1991-06-03 CC Minutes . . . ALBERTVILLE CITY COUNCIL June 3, 1991 Albertville City Hall 7:30 PM PRESENT: Mayor James Wal sh, Counci lmembers Duane Berning, Donatus Vetsch, and Mark Barthel, City Engineer Thore Meyer, City Attorney Bill Radzwill, City Clerk Linda Houghton Mayor Walsh called the regular meeting of the Albertville City Council to order at 8:10 PM. The meeting was called to order late because of a quorum was not present at 7:30 PM. The following addition and correction was made to the agenda: (1) Consideration of a resolution to the Wright County Board of Commissioners concerning the 6.5% sal es tax. (2) Approval of check #5209-5240. Vetsch made a motion to approve the amended agenda. Barthel seconded the motion. All voted aye. The minutes of the May 20, 1991, were amended as follows: (1) Page 3, Paragraph 5 is amended to state Barthel made the motion and Berning seconded the motion. (2) Page 4, Paragraph 5 is amended to state Berning made the motion and Barthel seconded the motion. (3) Page 3, Paragraph I, Item 5 is amended to read "owns" instead of "owes". Barthel made a motion to approve the minutes as amended. Vetsch seconded the motion. All voted aye. The minutes of the May 30, 1991, special meeting were amended as follows: (1) Councilmember Duane Berning was not present at the meeting until 9:00 PM. (2) Page 1, Paragraph 7 is amended to read Barthel made the motion. Berning made a motion to approve the minutes as amended. Barthel seconded the motion. All voted aye. There was no Community Forum items. The Counci I reviewed the arti c Ie f rom the May 30, 1991, edition of the Monticello Times concerning the actions taken on the drainage question from the Westwind development into County Di tches 9 and 21. Engineer Thore Meyer stated that the proposed rate of flow from drainage from the Westwind development would actually be slower than before the development occurred. Thore reviewed the Feasibility study for the Westwind Second Addition, dated June 3, 1991, with the Council. The projected costs of installing sanitary sewer, watermains, storm sewer lines, street and the outlet storm sewer is $341,873. Contingencies and engineering costs bring the total of the project to $420,500. This figure does not include bonding costs, financing or legal fees. John Darkenwald, individually and as President of John George, Inc., and George Yankoupe, individually and as Secretary/Treasurer of John George, Inc., owner of 100% of the Westwind property, . presented the Council with a signed Petition for Local Improvement and Agreement To Be Assessed. Vetsch made a motion to adopt Resolution 1991-1 (Resolution Accepting Petition, Accepting Feasibility study, Ordering Subdivision Improvements, and Ordering Advertisement for Bids for Municipal Improvements to Westwind Second Addi tion Subdivision, City of Albertville, Wright County, Minnesota). Barthel seconded the motion. All voted aye. Bid opening is set for 2: 00 PM on Tuesday, July 2, 1991. A special meeting of the City Council is set for 7: 30 PM on Tuesday, Jul y 2, 1991, to review the bid tabulations and award the bids for construction of the Westwind Second Addition improvements. Request for bids will be advertised in the Crow River News and the Construction Bulletin. Barthel seconded the motion. All voted aye. . Attorney Radzwill reviewed the draft of the Developer's Agreement for the Westwind Second Addition. The developers have requested in their letter dated May 28, 1991, that the guaranteed surety amount be reduced from 30% to 15% based on the prior performance of the Westwind Fi rst Addi tion. Attorney Radzwi 11 recommended that the Council require a 30% Letter of Credit in the amount of approximately $135,000. Radzwill indicated that this amount would give the City protection for two years. A 25% Letter of Credi t (approximate 1 y $112, 500) woul d protect the ci ty for approximately one and one half years, and a 22.5% Letter of Credit (approximately $101,250) would protect the City for a little over one year. Vetsch made a motion to require a 25% guaranteed surety (Letter of Credit) in the amount of $112,500 from the developers for the Westwind Second Addition improvements. Barthel seconded the motion. All voted aye. John Darkenwald requested that the 25% Letter of Credit to be provided to the City by the developer be released at the time that 75% of the assessments are paid off. The Council agreed to consider a petition from the developer to release the Letter of Credit at the time that 75% of the assessments are paid in full. The assessment period for the Westwind Second Addition improvements will be set at 12 (twelve) years. Engineer Thore Meyer will provide plans for erosion control in the Westwind Second Addition if the storm sewer line is not completed as proposed in the Feasibility Study and will be incorporated in the Developer's Agreement. . Other items mutual 1 y agreed upon by the Council and the developer wi 11 be incorporated in the Developer's Agreement as follows: (1) The developer wi 11 provide the Ci ty cash, i rrevocabl e 1 et ter of credi t or other sa tis factory surety in the sum of $15,000, which represents 50% of the estimated costs of all on and off-site escrow improvements. . . . (2) Escrow items will be completed by the Developer on or before October 1, 1994, to the City's satisfaction. (3) The boulevard improvements for each lot or parcel shall be completed to the City's satisfaction within 60 days of the date that a certificate of occupancy is issued, unless the certificate of occupancy is issued after October 1 and before March 30 in any gi ven year. In which case the boul evard improvements must be completed by the following June 15. (4) No fencing of the reten t i on pond wi 11 be requi red. A siltation pond will be created to contain drainage before it moves to the retention pond. I f the retention pond meets the Ci ty' s standards upon completion of the improvements, the developer will not be required to do a clean-out of the retention pond. A final draft of the Westwind Second Addition Developer's Agreement will be prepared by the City Attorney. Barthel made a motion to adopt the Resolution Urging Adoption of One-Half Percent Local Option Sales Tax. Berning seconded the motion. All voted aye. Vetsch made a motion to declare a vacancy on the City Council as a result of the death of Councilmember Donald Cornelius. Berning seconded the motion. All voted aye. Mayor Walsh recommended the appointment of Roger Johnson to fi 11 the vacancy on the Counci 1 for the remaining portion of Councilmember Cornelius' term. Berning made a motion to appoint Michael Potter to fill the vacancy on the Council for the remaining portion of Cornelius' term since Potter has indicated his willingness to serve on the Council by running for the mayor's position in the last election. Barthel seconded the motion. Berning, Barthel and Vetsch voted aye. Walsh voted no. The motion was carried. Michael Potter took the Oath of Office and was officially sworn in as a member of the Albertville City Council. Potter's term will expire the first business day of January, 1993. The Council agreed to purchase a service contract for the postage meter from Pitney Bowes for a one year period at a cost of $70. Berning made a motion stating that the Planning & Zoning Commission must approve the hiring of outside professional staff on issues before the Commission effective immediately. Vetsch seconded the motion. All voted aye. Vetsch made a motion to adopt a Resolution Requesting Funding for a Wright County Overall Economic Development Plan (OEDP) and to contribute $500 to get the OEDP implemented. Barthel seconded the motion. All voted aye. Berning reported that the Park & Ride property on County Roads . . . 19 and 37 deed has not been recorded. Linda was directed to get the information to the city attorney. Mayor Walsh appointed Potter to the Park Board effective immediately. Vetsch made a motion to pay bills as presented (Check numbers 5209 through 5240) and to add Check #5241 in the amount of $70 for the maintenance contract on the postage machine and Check #5242 in the amount of $500 for the OEDP. Barthel seconded the motion. All voted aye. Berning made a motion to set a special meeting for the purpose of reviewing the 1990 audit report on Tuesday, June 25, 1991, at 7:30 PM. Potter seconded the motion. All voted aye. Barthel made a motion to adjourn at 11:05 PM. Potter seconded the motion. All voted aye. 4 . . . CITY OF ALBERTVILLE RESOLUTION FILLING VACANCY ON THE COUNCIL Pursuant to due call and notice thereof, a regular meeting of the Ci ty Counci 1 of the Ci ty of Al bertvi 11 e, Wright County, Minnesota, was duly held at the City Hall in said City on the 3rd day of June, 1991, at 8:00 o'clock p.m. The following members were present: Berning, Vetsch, Barthel and Walsh and the following members were absent: None Counci lmember Duane Berning resolution and moved its adoption: introduced the following WHEREAS, because Cornelius, this Council Councilmember, and of the death of Councilmember Donald dec 1 ared a vacancy in the of f i ce of WHEREAS, a vacancy in said office shall be filled for a term as set forth under Minnesota statutes, under Section 412.02, Subd. 2(a)., NOW, THEREFORE, Be It Resolved by the Council of the City of Albertville, Minnesota, as follows: 1. Michael Potter is hereby appointed Councilmember to serve the remainder of Donald Cornelius' term of office as Councilmember; said term of office expiring the first business day of 1993. The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Mark Barthel, and upon vote being taken thereon, the following voted in favor thereof: Councilmember Duane Berning, Councilmember Mark Barthel and Councilmember Donatus Vetsch and the following voted against: Mayor James A. Walsh and the following abstained: None WHEREUPON, said Resolution was declared duly passed and adopted. . . . STATE OF MINNESOTA} }ss COUNTY OF WRIGHT} I, the undersigned, being the duly certified and acting City Clerk of the City of Albertville, Minnesota, hereby certify that I have carefully compared the attached foregoing resolution with the minutes of the City Council of the City of Albertville held on June 3, 1991, and the same is the full, true and complete resolution adopted by the City insofar as the same related to the filling of the vacancy of the Council members office (Cornelius vacancy) . WITNESS my hand officially as such City Clerk, and the corporate seal of the City of Albertville, this 3rd day of June, 1991. ~\;, c~ A .'-. AJ--"~ 17; , Line a Houghton oj Ci ty Cl erk t/ City of Albertville, Minnesota . . . tR\~~ (fpQJ RESOLUTION REQUESTING FUNDING FOR A WRIGHT COUNTY OVERALL ECONOMIC DEVELOPMENT PLAN (OEDP) WHEREAS, the Wright County Mayors Association has presented the Wright County Board of Commissioners with a resolution requesting the preparation of an Overall Economic Development Plan (OEDP), however the Wright County Board of Commissioners has chosen to table the matter of the OEDP, due to budget cuts which are being faced by all entities of government. WHEREAS, the Wright County Mayors Association feels very strong on this issue that a OEDP wi 11 benefi tall enti ties wi thin Wright County, as it is an essential resource for qualifying for future state and federal funding for purposes of infrastructure, public improvements and development projects. THEREFORE, BE IT RESOLVED, that the Wright County Mayors Association is asking that the government entities within Wright County look at the benefit that they would receive from an OEDP, and consider a proposal from the Mayors Association to contribute to Wright County for the cost of an OEDP. NOW, THEREFORE, BE IT FURTHER RESOLVED, that the City of Albertville does hereby agree with the Wright County Mayors Association that an Overall Economic Development Plan would benefit the City, and does hereby agree to contribute to Wright County the amount of $500.00, to be designated for the sole purpose of the implementation of the Overall Economic Development Plan for Wright County. The following Council members voted in favor: Berning, Barthel, Potter, Vetsch and Walsh The following Council members voted against or abstained: None Whereupon the motion was declared duly passed and executed. If) II (J-I/ ILL- ~:;. /9r:J / 7 tY..4-4.--LCt- r I . . . . ~ l~' )\Wl~\(,\\ k\ CITY OF ALBERTVILLE Resolution Urging Adoption of One-Half Percent Local Option Sales Tax BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ALBERTVILLE, WRIGHT COUNTY, MINNESOTA: Whereas the adoption of the 1/2 percent local option sales tax by wright County would maintain aids to the county and the cities and townships within the county, and Whereas failure of wright County to adopt the local option sales tax would result in the loss of all county, city and township aids within the county, amounting to an aid loss of about 5.6 times as much as the county revenues from the 1/2 percent sales tax, and Whereas the failure of Wright County to adopt the tax would result in the aids currently being received by the local governments in Wright County instead being re-distributed as a windfall to the counties which adopt the tax, and Whereas failure to adopt the tax would greatly increase property taxes in Wright County, THEREFORE, BE IT RESOLVED, that the Albertville City Council urges the Wright County Board of Commissioners to adopt the 1/2 percent local option sales tax prior to the July 1 deadline for such adoption. Counc i Iman .I'b. (lilt..' C above resolution. moved for adoption of the l..I.J.<:"'{..?L.".," J ,. seconded the motion. Dated: }.u."t..L 3 V, , -7Ja ",.f, /L<..( /9'1/ 13t ~ }l~Y'1 t~Z.c.k d YLst ';) )':'d,vLJ !2 I ,/),) /~ .Yj .<-11;'l)'(/ /J/,/i{;t----- ;r~m Walsh, Mayor , (., ~. \ ~- /~ .../-/' h"dUef v0~ on~tus Vetsch, Councilmember r') (vt",- ~f'--,~..,O\ Duane Berning, Cou1cilmember In favor: Opposed: -!l-c> Ie' , . Mark Bartel, Counci1member " j; ; . l / ~. 1./ (Z (:,&/) vC Councilmember iA..TT~T ST: I~~~. j t 1 ufJ-- Ci y Cler /)( . /\..('11'- ~ c "1;: & J /) ) . . . CITY OF ALBERTVILLE FINANCIAL STATEMENT May 15, 1991 - May 30, 1991 Beginning Cash Balance May 15, 1991 INCOME (May 1 - May 15) Building Permits Liquor Licenses Lock Box Purchase P & Z Variance Park Donation Park Rental Refund - 1990 Overpayment Sewer Receipts Sewer Permits Special Assessments Storm Water Receipts Title Searches Miscellaneous Income TOTAL INCOME EXPENSES (May 15 - May Check #'s 5168-5207 (Approved 5/20/91) Check # 5208 - USPO (Stamps) TOTAL EXPENSES 3,623.84 50.00 115.00 80.00 100.00 75.00 156.91 7,807.26 75.00 27 ,821. 90 1,367.73 20.00 57.62 41,350.26 30) 67,027.84 87.00 Ending Cash Balance May 30, 1991 67,114.84 SEWER CONSTRUCTION FUND Cash Balance May 30, 1991 $101,757.70 $75,993.12 $172,620.03 . . . CITY OF ALBERTVILLE BILLS TO BE PAID June 3, 1991 Check No. Vendor Reason Amount 5209 Hack's 5210 MTI Distributing Co. 5211 5212 5213 5214 5215 5216 5217 5218 5219 5220 5221 5222 Compress Air & Equipment Albertville Family Care Center Northern Gases, Inc. Feed-Rite Controls, Inc. City of Monticello Minnesota Copy Systems Diversified Inspection Services NSP NSP United Telephone Gruys, Johnson & Assoc. Simonson Lumber Gas - 199.51 Groceries - 11.42 210.93 Inv. #782193 Belt/spacer for lawnmower 50.74 Inv. #29867 10,444.00 Air compresser/ supplies (Fire Dept) Inv. #44614 16 Hepatitis shots (Fire Dept) 726.40 Inv. #169869 21.85 312 cu. ft. compressed air (Fire Dept) Inv.#156407 - 23.60 460.47 Inv.#157047 - 57.00 Inv.#157089 -379.87 Inv. #3122 April 91 Animal Control 53.50 Inv. #12420 Copy paper 53.50 Inv. #081209 898.98 Monthly Service 292.79 Street Lighting 1,699.54 222.64 Monthly Service Inv. #2572 1,621.75 IRS work - 308.25 Chart of Accts. - 1,313.50 Inv. # 561528 - 2.14 36.70 Inv. #561538 - (.69) Inv. #561248 - 35.25 . . . CITY OF ALBERTVILLE ADDITIONAL BILLS TO BE PAID June 3, 1991 Check No. Vendor Reason 5227 Jim Walsh May '91 Council 5228 Donatus Vetsch May '91 Council 5229 Duane Berning May '91 Council 5230 Mark Barthel May '91 Council 5231 Mrs. Don Cornelius May '91 Council 5235 Duane Berning Mileage 8 miles @ .22 PAYROLL CHECKS (PAY PERIOD MAY 20 - JUNE 2) 5232 Barbara Carlson 5233 Linda Houghton 5234 Ken Lindsay 5236 Mike Rutkowski 5237 Ann Marie Connors 5238 P.E.R.A. 5239 Security Bank NW Federal Tax Deposit 5240 MN Dept. of Revenue April Tax - 270.00 May Taxes - 454.00 TOTAL ADDITIONAL BILLS Amount 246.37 180.00 133.04 152.76 75.00 1. 76 78.50 642.47 751. 00 540.86 436.72 296.22 931.00 724.00 $5,189.70 . . OVERTIME REPORT MIKE RUTKOWSKI For Period May 1 - June 2, 1991 Date May 14 May 17 May 18 May 19 Reason Over Time Earned Overtime Payment 1.0 1.0 Check Pumps 1.5 Check Pumps 1.5 $41.75 $75.15 $116.93 $296. 48 . COMP TIME REPORT KEN LINDSAY For Period April 22 - June 1, 1991 Camp Camp Balance Time Time Remain- Date Reason Earned Taken inQ Hrs. Accumulated Prior to April 22, 1991 28.25 May 4 Check pumps 1.5 29.75 May 5 Check pumps 1.5 31.25 May 7 Work at ponds .5 31.75 May 10 Work at ponds .5 32.25 May 11 Check pumps 1.5 33.75 May 12 Check pumps/ 2.5 36.25 work at ponds . May 13 1.5 37.75 May 15 (4.0) 33.75 May 16 (3.5) 30.25 May 17 (3.5) 26.75 May 20 1.0 (.75) 27.00 May 21 (3.5) 23.50 May 28 (1.5) 22.00 June 1 Check pumps/ 6.0 28.00 Compost Site PERIOD TOTALS 16.5 (16.75) 28.00 . . COMP TIME REPORT LINDA HOUGHTON For Period May 6 - May 31, 1991 Extra Camp Camp Balance Hours Time Time Remain- Date Worked Reason Earned Taken inQ Hrs. Accumulated Prior to May 6, 1991 27.75 May 6 4.0 CC Meeting 6.00 33.75 May 7 1.5 Board of Review 2.25 36.00 May 10 Comp Time Taken (3.5) 32.50 . May 13 1.5 P & Z Meeting 2.25 34.75 May 20 Comp Time Taken (1.0) 33.75 May 20 4.0 CC Meeting 6.00 39.75 May 23 Comp Time Taken (1.5) 38.25 May 27 1.5 P & Z Meeting 2.25 40.50 May 30 3.5 CC Meeting 5.25 45.75 May 31 Comp Time Taken (1.5) 44.25 May Total 16.0 24.0 (7.5) 44.25 .