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1992-06-15 CC Minutes . . . ALBERTVILLE CITY COUNCIL June l5, 1992 Albertville City Hall 7:30 PM PRESENT: Mayor Jim Walsh, Councilmen Duane Berning, Donatus Vetsch, Mark Barthel, and Mike Potter, City Attorney Mike Couri, City Engineer Norman Gartner, City Clerk Linda Houghton Mayor Walsh called the regular meeting of the Albertville City Council to order. The agenda was amended under Community Forum by adding the following: (l) Paul Ederer - request the Council to consider vacation of a portion of 60th street by the Eiden property (2) Arlan Middleton, the City's insurance agent (3) Mike Leary - Steffens' Meat Market Barthel made a motion to approve the amended agenda. Vetsch seconded the motion. All voted aye. Potter made a motion that all items for discussion on the Council agenda must be scheduled by 5:00 PM the Wednesday preceding the Council meeting. Barthel seconded the motion. All voted aye. Linda was directed to include the follow-up sheet from the June 1st meeting in the next Council packet. Vetsch made a motion to approve the minutes of the May 28, 1992, work meeting. Potter seconded the motion. All voted aye. The minutes of the June 1, 1992, regular Council meeting were amended on Page 1, Paragraph 8 to read "Councilman Berning reported on a telephone conversation he had received from Karen Mason..." and on Page 3, faragraph 5 to read "The Council decided to have Counci lman Vetsch and Mayor Wal sh meet wi th the attorney...". Vetsch made a motion to approve the minutes as amended. Potter seconded the motion. All voted aye. Vetsch made a motion to approve the minutes of the June 2, 1992, joint meeting with the otsego City Council. Potter seconded the motion. All voted aye. Vetsch made a motion to approve the minutes of the June lO, 1992, special meeting. Potter seconded the motion. All voted aye. Paul Ederer presented a letter requesting that the City vacate a portion of 60th street for the construction of a new bank building on the Eiden property. Ederer explained that the City would be given a permanent easement for the buried utilities. The Council suggested that Ederer consider applying for a variance of . ALBERTVILLE CITY COUNCIL June l5, 1992 Page 2 of 6 the setback requirements for the building instead of requesting the City to vacate the street. Ederer agreed to have the City contact the planner regarding the most workable option with which to proceed. The bank will be responsible for all costs associated with this project, assigned Project #l992-2. . Mike Leary, representing Steffens' Meat Market, advised the Council that they have agreed to move their building as recommended by the City Engineer. They have also corrected l5 of the l6 items as required by the building inspector. They are unable to change the freezer door from an outward swing because the freezer is pressurized. Leary told the Council that a manhole must also be installed because the 6" force main has only a 1 l/2" stub, instead of a 2" stub. The manhole is necessary to house the grinder pump that must be used. Steffens requested that the City pay to have the manhole installed and steffens Meat Market will be responsible for the electricity to the grinder pump and all maintenance of the manhole and grinder pump. The Council directed Linda to find out when the plumbing code changed requiring a 2" service stub vs. the 1 1/2" stub that exists. Mayor Walsh stated that the City cannot set a precedent of paying for an additional manhole to benefit one property owner. Councilman Berning suggested that the City could adjust the SAC charge for Steffens Meat Market. No action was taken by the Council pending further information. Arlan Middleton, the City's insurance agent, addressed the Council regarding the issue of whether the City carries adequate insurance to cover its buildings. Middleton explained that he is not a commercial appraiser and cannot advise the Council of the amount each structure should be insured for. He has received two quotes for an appraisal of the City property--GAB has quoted an appraisal at $l,850 and American Appraisal has quoted an appraisal at $4,800. The Council took no action on the quotes. Middleton also addressed the Council concerning a statement by Mayor Walsh that was quoted in the Crow River News about the insurance provided through Middleton's agency. Middleton stated that the statement created a bad reflection on his business. Middleton wanted to know why that statement did not appear in the minutes of the meeting and whether the statement was appropriate to be made at a publ ic meeting, as it could be detrimental to someone's business. The Counci 1 agreed to tabl e discussion of the street sign specifications until the next meeting. . Berning made a motion to recommend that the Planning & Zoning Commission schedule a public hearing on the six ordinance changes they have recommended. Potter seconded the motion. All voted aye. . . . ALBERTVILLE CITY COUNCIL June l5, 1992 Page 3 of 6 The Council directed the clerk to meet with the building inspector and the chairman of the Planning & Zoning Commission to discuss items that wi 11 come before the Commission, prior to scheduling the item on the Commission's agenda. The applicant should be given an estimate of what the costs associated with getting approval of the project will be and the applicant must be willing to pay all City costs. All materials must be presented to the cl erk and reviewed by other Ci ty staff if necessary before going to the Commission. Barthel made a motion directing the clerk to send those building permit holders who have been granted a variance with a specific time limit attached a letter 30-60 days in advance of the time expiration informing them of the pending expiration and stating that if the owner does not complete the conditions of the variance, the City will do so and certify the costs to the owner's taxes. Potter seconded the motion. All voted aye. Attorney Mike Couri presented the developer's agreement for the Barthel Mini-Storage buildings. He recommended that the City require the property owner to sign the developer's agreement. stan Barthel stated that the street would be improved as the Planning and Zoning Commission has requested and as detailed in the developer's agreement. Couri explained that Barthels must apply for the following variances: (l) A variance to allow a gravel parking lot unti 1 the Council determines when the parking lot must be hard-surfaced (2) A variance from the landscaping requirements (3) A variance from the ordinance requiring a water service (4) A variance from the 80' required right-of-way The Planning Commission must set a public hearing for those variances. The city engineer should recommend surety amounts to be included in the developer's agreement. The Council decided to table approval of the developer's agreement until all information is provided. Couri recommended that the Planning & Zoning Commission consider the adoption of an Adult Use Ordinance when they consider the other ordinance changes. Couri reported that MNDOT office in Brainerd will consider funding for improving a Park & Ride upon written request from the City. Couri will provide the clerk with the address at which to apply for consideration. Linda will contact the City of Monticello regarding their funding for their Park & Ride area. Couri is in the process of negotiating new easements with Doug Psyk and Joint Powers for the trunk sewer line that was relocated . . . ALBERTVILLE CITY COUNCIL June l5, 1992 Page 4 of 6 through the property. easement. The school has already signed their new Linda has found an attorney general's opJ.nJ.on that a City Council member cannot serve on the Park Board. Couri recommended that no Counci 1 member be allowed to serve on the Park Board. Couri reported that he has found no statute stating that a Park Board member must be a resident and/or a property owner in the City. Councilman Potter made the following statement: "I, Michael Potter, hereby resign from the Park Board effective immediately." Potter will also tender a written resignation to the City Clerk. Berning made a motion to accept Potter's verbal resignation. Vetsch seconded the motion. All voted aye. PM. Councilman Barthel excused himself from the meeting at 10:10 Potter made a motion to appoint Marvin Vetsch and Pam Roden to the Park Board effective immediately. Vetsch seconded the motion. All voted aye. Engineer Norm Gartner explained that the letter dated June 4, 1992, from Tom Holstrom of the MPCA, was only a cursory review of the plans and specs for the expansion to the wastewater treatment facility. None of the items Holstrom detailed are insurmountable, according to Gartner, and he will proceed to address each item. Gartner also reported that he had spoken to Juran & Moody, financial consul tants for the Ci ty on financing the wastewater expansion. They are willing to give the City financial advice if they are asked. Vetsch made a motion to have Linda send Juran & Moody a letter requesting their assistance in planning the financing for the expansion. Berning seconded the motion. All voted aye. Gartner reviewed the Feasibility study for the 1992-1 Project for the Marx-Hennum storm sewer extension. The estimated cost of the project is $7,940. Bernard Marx indicated that the study proposes more than the property owners had requested or wanted. The Council directed Gartner to revise the Feasibility study to include only what the property owners requested for the July 6th meeting. Doug Psyk requested that consideration of prel iminary pI at approval of his Sixth Addi tion be removed from the agenda and placed on the agenda for the July 6th meeting. Gartner addressed Councilman Barthel's request for a second . . . ALBERTVILLE CITY COUNCIL June 15, 1992 Page 5 of 6 op1n10n on the wastewater treatment facility expansion. He explained that Meyer-Rohlin has retained the services of JMM to assist in designing the facility. Gartner presented the resume of James A. Reynolds of JMM, who has consulted with Gartner in the design. Gartner told the Council that he is uncomfortable with the City getting a second opinion from an engineering firm in direct competition with Meyer-Rohlin. Vetsch made a motion to approve the Financial statement for the period May 28-June II as presented. Potter seconded the motion. All voted aye. Vetsch made a motion to approve payment of the bi 11 s as presented (Check I's 6468-6505 are voided--Check #'s 6506-6534 are approved) Linda will provide the Council with the corrected check numbers for reissue of voided check #'s 6487-6505. Potter seconded the motion. All voted aye. The Council decided to set a meeting with the Park Board, the Jaycees, and the Lions to discuss upgrading the park shelter for 7:00 PM on July 6th. The Council reviewed the complaint from Fire Chief Rick Wacker regarding the maintenance department's use of their equipment and records. The Council directed the clerk to inform the maintenance department to check with the Fire Chief if they need records or equipment. The Council discussed continued fire protection and medical calls to the City of Otsego. Berning made a motion to direct the Albertville Fire Department to cease responding to fire or medical call s in the Ci ty of Otsego, except on a mutual aid basis, effective July 6, 1992. Vetsch seconded the motion. All voted aye. Mayor Wal sh vol unteered to draft a 1 et ter to the Ci ty of Otsego explaining the City's position. Potter made a motion to adopt the resolution to amend the Joint Powers Operating and Authorization in regards to charges for fire hydrant use. Vetsch seconded the motion. All voted aye. The Council agreed to have Mike Rutkowski spend a minimum of 16 hours per week in the parks, rather than requiring him to spend Tuesday and Wednesday in the parks. The Counci 1 set a prel iminary budget meeting for Jul y 13, 1992, at 7: 00 PM. Linda was di rected to noti fy all department heads of the meeting. . . . ALBERTVILLE CITY COUNCIL June 15, 1992 Page 6 of 6 Councilman Potter asked Linda to prepare a comp time report on the employees for the next meeting. Potter made a motion to adjourn at the motion. All voted aye. Vetsch seconded