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1991-09-16 CC Minutes . . . ALBERTVILLE CITY CpUNCIL September 16, 1991 I Albertville City Hall 7:30 PM PRESENT: Mayor Jim Walsh, Councilmembers Duane Berning, Mark Barthel, Mike Pot ter and Dona tus Vetsch,l Ci ty CI erk Linda Houghton, Engineer Thore Meyer, Attorney Mike Cotiri Mayor Wal sh call ed the regul ar meetiing of the Al bert vi 11 e Ci ty Council to order. i The agenda was amended by adding ~he following items: - Discussion of Joint Powers ~ater Board charges - Consideration of amendmentiof Joint Powers Operating and Authorization Agreement Barthel made a motion to approve the amended agenda. Berning seconded the motion. All voted aye. I The minutes of the September 3, 19J1, meeting were amended at I Berning's request on Page 3, Paragraph $, to state that his reason for voting no on hiring Ann Bednarcyz~ as secretary is that he believes the City needs a part-time ad~inistrator, Vetsch made a motion to approve the amended minutes. ~otter seconded the motion. All voted aye. Kei th Frankl in discussed his sto~m water drainage probl ems wi th the Counci I . He tol d the Counbi I the probl em has been continuous for the past two years. Bdfore that time, he had no probl em wi th drainage backing up on hisl property. Engineer Thore Meyer was directed to contact the MNDOTlrepresentative and ask him to come out to view the water problem ad it affects the interstate highway. Thore was also directed to con~act the Frankfort Township engineer to try to work out a solution ~o the drainage problem. Jerry Lehn, owner of the WRight cou~ty Bag Company, questioned I why he is charged a quarterly storm wat~r fee when his storm water doesn't run into the City. The Council explained that there are no exceptions in the storm water billing:. Every piece of property in the City is billed for storm water. Potter made a motion to approve i the 3.2 Non-Intoxicating Liquor License for the Albertville Jayc~es for September 22, 1991, from 10:00 AM to 5:00 PM. Barthel secortded the motion. All voted , aye. Steve Hopkes was not present at the meeting to discuss his sewage backup into his basement. Pott~r volunteered to talk to Eugene Valerius, previous owner of Hopke$' house, regarding a check valve that may exist outside the house. i The Council reviewed the Minnesota Pollution Control Agency's : . . . Reconnaissance Inspection Report dated September 4, 1991. Maintenance Superintendent Lindsay was directed to notify the clerk prior to any future verbal or written communication with the MPCA. The Council will tour the drainage problem areas of the City with Ken Lindsay on Tuesday, September 17th at 6:00 PM. The Council reviewed the quote from Feed-Rite Controls for a 725 gallon tank for $1,329.00. The Council tabled the discussion of the purchase of the tank unti I the Ci ty receives another quotation from a different source. Ken tomorrow. count the Street. reported that 50th Street wi II be gravel ed starting The Council authorized Ken to hire temporary help to loads of gravel delivered to the City's portion of 50th Ken reported that there has been damage to the dikes at the ponds again. The damage has been reported tot he WRight County Sheriff's Department. The catch basin on 60th Street has been repaired. had caved in several times this summer. The area Barthel made a motion to approve the variance request from Albert Barthel to construct a 28' X 32' detached garage, contingent upon the following contingencies recommended by the PI anning & Zoning Commission: (1) The new garage will be stuccoed to match the house. (2) The existing garage wi II be torn down wi thin 45 days after the new garage has passed final inspection. Potter seconded the motion. All voted aye. Vetsch made a motion to set a public hearing on October 7, 1991, at 7:00 PM, to consider the trunk sewer improvement that will service the new high school. Pot ter seconded the moti on. All voted aye. Barthel made a motion directing the engineer to prepare plans and specs for the trunk sewer improvement that will serve the new high school. Vetsch seconded the motion. All voted aye. Bob Heuring discussed the increased storm water that he has observed on his property. He believes additional water is coming onto his property from the new high school and the Westwind development. He explained that he has been maintaining a ditch on his land that is now being used to drain other areas. He feels that the Ci ty shoul d maintain that di tch if drainage water is coming from other areas. Heuring also expressed concerns that storm water from the City of st. Michael is traveling through his drainage ditch. He would also like to see that the City requires contractors to put in the detention ponds before construction on the other improvements are begun. The Council told Heuring that the engineer will be sending a letter to the City of st. Michael . . . regarding the drainage from the Terrace Hills development into the City of Albertville. The Council will also consider having the detention ponds installed in new developments prior to the start of other construction. Heuring presented a peti tion to the Counci I signed by 16 residents contesting the storm water billings. The Council will consider the petition at the October 7th meeting. The Council discussed the $2,500 charge levied by the Joint Powers Board as escrow deposit for engineering inspection services. It is the Council's opinion that a full-time Joint Powers' inspector is not necessary on the job site and is too costly for the developer. Walsh agreed to make a motion at the next Joint Powers meeting to rescind the $2,500 escrow deposit for inspections. The Council also directed the Joint Powers representatives to make the recommendation that the City inspector inspects the water lines from the shut off to the house at the same time he inspects the sewer line. The Counci I tabl ed approval of the amendment to the Joint Powers Operating and Authorization Agreement until the next Council meeting. The Council reviewed the letter dated September 12, 1991, from John-George, Inc. concerning the first lift of blacktop in the Westwind Second Addition. Attorney Mike Couri advised the Council that John-George has a legal right to enforce the terms of the contract. He indicated, however, that John-George, Inc. 's delay in providing the City with the necessary Letters of Credit caused the contract with Redstone Construction to be delayed until late August. Couri suggested the most logical alternative is to ask the developers to put up a contingency escrow to cover the costs of any repairs to the street for a three year period. The Council directed the attorney to send a let ter to John-George, Inc. relating the City's concerns. Couri told the Council that the adjusted assessments on Savitski's Sunrise Commercial Park will be ready for the Council's review at the next meeting. Couri reported that he has not found statutory procedures to reduce the taxes on the PPM building before the TIF district is decertified next year. He also reported that there is approximately $35,000 left in this TIF that the City may be able to spend on specific projects. He will do more checking and report to the next Council meeting. Couri reported that the City has nothing to gain by making a claim against Barthel Construction, Inc. now in bankruptcy court. The Counci I was advised that the let ters of credi t on the . . . Parks edge development have not been renewed as of this date despite the fact that the clerk has notified the developers in writing of our intention to draw upon the letters of credit if they are not extended. The Council will determine the amount to draw from the letters of credit at the next meeting. Couri will prepare an itemized list of expenses that he has found Fraser Steel may owe to the City. Couri also reminded the Council that the City is obligated to reimburse Fraser Steel the tax monies paid under the terms of TIF District #6. Couri was directed to set up a meeting with Juran & Moody and the mayor and clerk. The Counci I agreed to send the cl erk to the Pay Equi ty Workshop on October lOth at the Brooklyn Center Community Center. Vetsch made a motion to approve payment of the bills (check #'s 5492-5523). Barthel seconded the motion. All voted aye. Barthel made a seconded the motion. motion to adjourn All voted aye. at 11:25 PM. Berning