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1992-05-04 CC Minutes . . . ALBERTVILLE CITY COUNCIL May 4, 1992 Albertville City Hall 7:30 PM PRESENT: Mayor Jim Wal sh, Counci lmen Mike Pot ter, Duane Berning, Donat us Vetsch, and Mark Barthel, Ci ty At torney Bi 11 Radzwill, City Engineer Thore Meyer, City Clerk Linda Houghton Mayor Walsh called the regular meeting of the Albertville City Council to order. The agenda was amended by adding Florence Menzel's request to remove the poplar trees near the water tower under the Maintenance Department business. Potter made a motion to approve the amended agenda. Barthel seconded the motion. All voted aye. The follow-up sheet from the April 20,1992, meeting was approved on a motion by Vetsch, seconded by Barthel. All voted aye. Vetsch made a motion to approve the minutes of the April 20, 1992, Counci 1 meeting. Barthel seconded the moti on. All voted aye. Vetsch made a motion to approve the minutes of the April 21, 1992, meeting wi th the representati ves from the MPCA. Barthel seconded the motion. All voted aye. Andy Savitski told the Council that Kadlec Excavating of Mora, Inc. is al ready in the process of removing the pipe from his property and has agreed to repair his damaged road. Mike Rutkowski reported on the following projects: (1) The first discharge from the wastewater treatment plant has been completed. (2) The crack sealing on city streets has been completed. (3) The manhole around the flow meter has been raised as directed. Mike requested permission to store the Ford Snow plow in Loren Becker's garage, as has been done in the past. The Council agreed to rent the garage space from Becker. The Council directed the maintenance department to remove the poplar trees by the water tower. Mike explained that he has not yet backfilled the manholes that were raised in the ditch by Westwind. He will be starting that project later this week. The Council reviewed Mark Barthel's complaint about ag lime being dumped in the wrong place at the City Park. Mike explained . . . ALBERTVILLE CITY COUNCIL May 4, 1992 Page 2 of 5 that he was not on site when the ag lime was delivered but that most of it should be used up within the next week or so. Tom Haller, chairman of the Planning & Zoning Commission, requested that the Commission be allowed to use Dave Licht of Northwest Associated Consultants to view proposals that are presented to the Commission on an as-needed basis. The Council decided that the city clerk will review all plans before they are presented to the Commission with the Commission Chairman and will recownend when and if the planner, the engineer, or the attorney is needed. Vetsch made a motion to adopt the following resolution: RESOLUTION #l992-11 The Ci ty Counci I of the Ci ty of Al bert vi 11 e hereby adopts ORDINANCE '1992-4 enti tIed AN ORDINANCE AMENDING THE ALBERTVILLE CITY CODE, ZONING ORDINANCE, ALLOWING THE CITY TO SET FEE, CHARGES, AND EXPENSES REQUIRED TO BE PAID FOR VARIOUS ZONING-RELATED REQUESTS REQUIRING ACTION BY THE CITY COUNCIL, ZONING ADMINISTRATOR AND lOR PLANNING COMMISSION. Berning seconded the motion. All voted aye. Potter made a motion to adopt the following resolution: RESOLUTION #1992-l2 The Ci ty Counci I of the Ci ty of Albertvi 11 e hereby adopts ORDINANCE '1992-5 entitled AN ORDINANCE AMENDING THE ALBERTVILLE CITY CODE, SUBDIVISION ORDINANCE, ALLOWING THE CITY COUNCIL TO SET Fees, CHARGES AND EXPENSES REQUIRED TO BE PAID FOR VARIOUS SUBDIVISION- RELATED REQUESTS REQUIRING ACTION BY THE CITY COUNCIL. ZONING ADMINISTRATOR AND/OR PLANNING COMMISSION. Barthel seconded the motion. All voted aye. The Council reviewed the Planning and Zoning Commission's April 28, 1992, recommendation to rezone Dennis Fehn's property, described as Lot 9, Block 3, Barthel's Industrial Park, from R-3 to I - 2. Ci ty Engineer Thore Meyer has ca I cuI a ted the areas invol ved in the proposed rezoning as requested by the PI anning Commission and reported in his letter to the Council dated April 30, 1992, that his calculations show a total combined area of . . . ALBERTVILLE CITY COUNCIL May 4, 1992 Page 3 of 5 5.096689 acres. This calculation includes the portion of Barthel Industrial Drive from the center line of 50th street to the north I ine of the exception, extend-ed. Barthel Industrial Drive is a dedicated City street. Fehn stated he does not have access to the street. Based on Thore's calculations and the Planning Commission's recommendation, Barthel made a motion to approve the rezoning of Lot 9, Block 3, Barthel's Industrial Park from R-3 to I-2. Potter seconded the motion. Barthel, Berning, Potter and Walsh voted aye. Vetsch abstained from voting. The motion carried and the property is rezoned to I-2. Vetsch made a motion to approve the final site pI an as presented by Andy Savitski and approved by the Planning Commission on April 28, 1992, subject to Savitski's installation of a guard rail next to the drainage ditch and installation of curbs on either side of the easterly drive to aid in drainage. The Council will notify Savitski when the rip rap should be installed. Barthel seconded the motion. All voted aye. The Council directed the clerk to contact Burlington Northern Railroad regarding the need to clean the drainage ditch on their property and to install a new culvert under the tracks. Attorney Radzwill informed the Council that Security state Bank can make a request for the City to vacate property. Vacate means that the Ci ty gives up the right of publ ic ingress and egress. The City can choose to vacate with restrictions, such as those situations regarding sewer and water lines. The Counci I directed the clerk to get more information on the Bank's request by discussing the si tuation wi th the Ci ty pI anner, engineer, Wright County and the attorney. The Council tabled further discussion on the request. Attorney Radzwill advised the Council to consider a closed meeting to discuss possible litigation. The Council agreed to meet in a closed session by interrupting the regular Council meeting on May 18, 1992. Radzwill reported that the security agreement and the promissory note with Fraser Steel has been signed and completed. Fraser Steel has repaid the Ci ty for the $l5, 448 of expenses incurred by the City. Radzwill's office is in the process of getting the City of Albertville on the Municipal Needs List. A committee meeting has been set for May l3, 1992, to meet with representatives of Frankfort Township to address the I- 94/Frankfort drainage problem. . . . ALBERTVILLE CITY COUNCIL May 4, 1992 Page 4 of 5 Thore reported that the wastewater trunk line is approximately one-half of the way through Psyk's 4th Addition and is progressing as planned. Thore is waiting for cl ari fication from the Corps of Engineers regarding the wetland areas before he prepares the Feasibility study on Psyk's 5th Addition. Vetsch made a motion to approve the Financial statement for the period Apri I 16 - Apri I 28, 1992, as presented. Barthel seconded the motion. All voted aye. Vetsch made a motion to pay the bills as presented (Check #6349-'6388). Barthel seconded the motion. All voted aye. The Council directed the clerk to send any previous documentation concerning the Rugged Road parcel and the Custom Canopy parcel to the attorney's office to .review. Linda reported that the Boy Scouts have agreed to paint the curbs in the City. According to the City's insurance agent, the Boy Scouts will covered for liability under their own plan and the City is at no risk. Councilman Vetsch has volunteered to supervise the Scouts. Barthel made a motion to donate $250 to the Boys Scout troop for doing the curb painting. Potter seconded the motion. All voted aye. Berning made a motion to approve the following resolution: RESOLUTION '1992-13 The City Council of the City of Albertville hereby establishes the following impound fee, boarding fees and fines in accordance with ORDINANCE 1989-5, entitled AN ORDINANCE REGULATING DOGS AND O'l'BER DOMESTIC ANIMALS, PROVIDING A PENALTY FOR VIOLATIONS, AND REPEALING ORDINANCES NO.'S 1983-2 AND 1988-3. Pick-Up Charge Boarding Fees $15.00 $8.00 per day Fines: 1st pick-up 2nd pick-up 3rd pick-up Additional pick-ups $20.00 $50.00 $100.00 $100.00 Barthel seconded the motion. All voted aye. . ALBERTVILLE CITY COONCIL May 4, 1992 Page 5 of 5 . . Councilman Vetsch reported that Boyer Ford has a 1982 Ford diesel snow plow for sale for approximately $18,000. Wright County was the previous owner of the vehicle. The truck is equipped with everything but a wing. The Council will consider the purchase of of snow plow at a later date. Barthel made a motion to adjourn at lO:l5 PM. Potter seconded the motion. All voted aye.