1992-08-17 CC Minutes
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ALBERTVILLE CITY COUNCIL
August 17, 1992
Albertville City Hall
7:30 PM
PRESENT: Mayor Jim Walsh, Councilmen Mike Potter,
Berning, Donatus Vetsch and Mark Barthel, Ci ty Engineers
Meyer and Norm Gartner, City Attorneys Mike Couri and
Radzwill, City Clerk Linda Houghton
Duane
Thore
Bill
Mayor Walsh called the regular meeting of the Albertville City
Council to order.
The agenda was amended under the Engineering Department
business by adding the letter dated August 14, 1992, from Doug and
Beatrice Psyk and. under the Legal Department by adding the
developer's agreement for the Barthel Commercial Park and the
release of information on the prior closed meetings. Potter made
a motion to approve the agenda as amended. Vetsch seconded the
motion. All voted aye.
Barthel made a motion to approve the follow-up sheet from the
August 3, 1992, meeting with the request that items not completed
from prior sheets be added to the follow-up sheet until they have
been completed. Vetsch seconded the motion. All voted aye.
Barthel made a motion to approve the minutes of the August 3,
1992 meeting as presented. Vetsch seconded the motion. All voted
aye.
The minutes of the August 10, 1992 special meeting were
amended on Page 3, Paragraph I, to read "Vetsch, Potter, Barthel,
and Walsh voted aye". Barthel made a motion to approve the August
10, 1992, minutes as amended Vetsch seconded the motion. All voted
aye.
Vetsch questioned what steps Linda had taken with regard to
the civil defense sirens. Linda stated that she had contacted NSP
and that they must verify that the proposed location for the siren
falls within the 10 mile limit. If it does fall within the 10 mile
limit, NSP will pay the cost of the siren which is $15,000,
install ation charges, and the $I,500 fee in order to hook into
Wright County's system. Albertville will have to pay $1,500 to
hook up the existing siren to Wright County. NSP is to contact
Linda with regard to updating her as to the status and findings of
this project.
Vetsch also questioned whether or not Linda had gotten back
to the school regarding their request for a breakdown of permit fee
charges per the July 6, 1992, meeting. She stated that she had
compi I ed the information but has not yet wri t ten the let ter to
them. Walsh requested that Linda copy the Council on that letter.
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ALBERTVILLE CITY COUNCIL
August 17, 1992
Page 2 of 9
Berning questioned what information Linda had obtained with
regard to the freeway entrance light by Hack's store. She stated
that the contact person was on vacation and she had been unable to
reach him.
Linda stated that she had contacted Rod Fraser with regard to
being a part of the Economic Development Committee and that he is
very interested, however, he does not want to Chair the Committee.
He has given her the names of others who may be interested in
joining also. Fraser also suggested that Albertville contact st.
Michael to see if they would be interested in making this a joint
effort.
Linda made a correction to the financial statement.
check should be #6656 and Federal should be #6657.
Mike's
Mayor Walsh presented $100 savings
Royalty: Miss Albertville Keri Roden;
Heidi Middleton; Miss Congeniality Sara
Angela Bebeau and Adam Roden.
bonds to the Albertville
Princesses Amy Marx and
Wolf; and Junior Royalty
Tim Barthel and Bob Swenson were not in attendance to request
permission to maintain the street easement between their
properties. Since they had attended a Planning Commission meeting
to make the request, the Council directed Linda to check with the
insurance agent to determine if there would be any City liability
and to have the parties sign a waiver of any claim to the
maintained property.
Barthel and Swenson were also concerned with the speed limit
situation on Main Avenue near 50th Street. Main Avenue is a County
Road and Barthel and Swenson should contact the County with their
concerns. Walsh stated that there should be a 3 way stop at the
corner of Main Avenue and 50th Street. Linda stated that a letter
to that effect has been sent to the county and she will follow up
on it.
There was no one else was present with a request to address
the Council under Community Forum.
Linda summarized the report on contract snowplowing which was
included in the agenda packets. Neither Pioneer Blacktop nor T &
S Trucking were interested in doing the work for Albertville. It
is assumed that Dennis Fehn is not interested either since he did
not return any of the three calls placed to him. st. Michael paid
$28,422.64 for contracted snow plowing last season. Albertville
paid $12,055.34 for the last snow plowing season. These figures
do not include depreciation or a portion of the new tires for the
pick up truck. Vetsch stated that he would like to advertise in
the paper for contract snowplowing proposals. Berning questioned
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ALBERTVILLE CITY COUNCIL
August 17, 1992
Page 3 of 9
accuracy of st. Michael having 10 miles of streets as compared to
Albertville's 14 miles. Vetsch requested that Meyer will compute
the number of miles of streets based on the scale on the City map.
The manhole that houses the flow meter still gets some water
seepage. Lindsay has contacted Gartner. A new cap has been put
on but it does not seem to work. Lindsay told Linda that he and
Gartner feel they have worked out a way to fix it. Meyer will also
check with the contractor again.
Walsh stated that he feels all new businesses which open in
the city should receive some sort of acknowledgement from the City.
Thore Meyer presented the Feasibility study for psyk's 5th
Addi tion. Sani tary sewer wi 11 have to be extended to Lambert
Avenue NE. Water main wi 11 connect wi th existing main in 4th
Addition. Service leads will be extended out to 10' beyond the
right-of-way. City will have to go back to MPCA for approval of
construction of sanitary sewer extension to Lambert Avenue. Storm
sewer will be sized to serve not only the 5th Addition, but also
a portion of the 6th Addition and a lot of his currently
undeveloped land, keeping future development in mind. Streets are
36' curb-to-curb width with 3" bituminous, 12" gravel base, which
conforms to City standards. Estimated cost for this project is as
follows:
Sanitary sewer
Water main
Storm water
Streets
$21,500
46,000
53,200
112,400
233,100
Engineering &
contingencies 46,200
PROJECT TOTAL $279,800
The estimated project cost does not incl ude any bonding fees,
financing costs, legal fees, administrative, recording, or easement
acquisition costs.
Vetsch inquired if density tests would be required for the
water main or sewer leads going to the property line. Meyer stated
that this issue is addressed in the back of the report.
Potter stated that he will abstain from voting on this issue
due to possible conflict of interest.
Meyer stated that all of the project costs become fully
assessable to the developer. He further stated that the
requirements on the density tests are 100% compaction of the first
3 feet and 98% compaction on the balance. This pertains to
everything that gets backfilled.
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ALBERTVILLE CITY COUNCIL
August 17, 1992
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Walsh requested that Linda furnish the Council with a
procedural format which would aid the Council with regard to what
steps the Council should follow when approving development. The
format is to begin with the developer's initial request and include
all steps through the final phase of approval of building permit.
He further requested that this be provided to the Council as soon
as possible.
Berning stated that he is opposing this because he feels the
engineer is playing a dual role in that he is working for both the
developer and for the City.
Vetsch made a motion to approve the Feasibi I i ty study for
Psyk's 5th Addition. Barthel seconded the motion. Berning voted
in the negative. Potter abstained. Vetsch, Barthel, and Walsh
voted aye. The motion carried.
Barthel made a motion to order plans and specs for the 1992-
3 Improvement Project for Psyk's 5th Addition with the stipulation
that there be a signed Developer's Agreement and that the City not
be held liable for any of the costs incurred thus far due to any
action by the MPCA. The motion was seconded by Vetsch. Potter
abstained from voting. Berning voted no. Vetsch, Barthel, and
Walsh voted aye and the motion carried.
The Developer's Agreement will be submitted to the Council at
the September 8, 1992, meeting.
Meyer stated that he and Vetsch toured the City last week in
order to identify which curbs are in need of repair. There is a
total of 634', possibly more, which need to be repaired. They
obtained three quotes on repairing these curbs. Mapl e Lake bid
$8.25/foot for a project total of $5,230.50, NE Minneapolis bid
$5.00/foot for a project total of $3,170, and Savage bid $3.50/foot
for a total project cost of $2,219. Meyer explained that this is
a mud jacking operation for raising the curbs. Meyer will check
the references of the bidder from Savage. This is routine
maintenance and requires no Council action.
The Council addressed the issue of the 50th Street improvement
project. The City Attorney has highly recommended that the Council
obtain an appraisal to make sure that the project is economically
feasible prior to making any final decisions. Tom Haller stated
that the Council agreed at the public hearing to have an appraisal
done. Walsh stated that he wants to see, in writing, that 100% of
the residents of 50th Street, not just Tom Haller, have asked to
have the appraisal done and are willing to pay for that appraisal.
Haller suggested that Albertville assess in the same fashion as
Frankfort Township is proposing, which is that Frankfort wi 11
assess not only the abutting property owners, but also the non-
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ALBERTVILLE CITY COUNCIL
August 17, 1992
Page 5 of 9
abut ting property owners in Berningwood. Radzwi 11 stated that
there could be some real problems in assessing non-abutting
property owners and he is not in favor of doing so. Radzwi 11
suggested that Hall er get the 50th street residents to sign a
petition requesting that the city have an appraisal done, within
specified parameters, accompanied by a cash deposit, and stating
that they are willing to pay for the cost of the appraisal.
Berning made a motion to re-open the publ ic hearing for
discussion of the 50th street improvement on Monday, September 14,
1992, at 7:30 PM. The motion was seconded by Potter. All voted
aye. Linda was directed to publish notice of said meeting.
The Council addressed a letter from Doug and Beatrice Psyk,
dated August 14, 1992, regarding the easement procedure during
construction of new sewer trunk line. Meyer stated that the line
was moved at the request of Joint Powers. Potter recommended that
should any future revisions be needed on any project, notice is to
be sent to all Council members. Radzwill agreed with Vetsch that
Meyer & Psyk work out the solution to this easement problem prior
to the next Council meeting. psyk feels strongly that some sort
of compensation in order.
Meyer stated that the weeds have been cut in parksedge
Addition. They are also reshaping some of the bunkers along
Barthel Industrial Drive and will reseed all areas that are not
growing. Linda was directed to check the minutes of previous
meetings regarding who is responsible for the construction and cost
of the retaining wall in the Barthel Manor Addition.
Bernard Marx questioned the status of the drainage easement
as it pertains to the Jim Hennum property. Linda stated that she
had sent a letter to Hennum but has received no response to date.
Walsh stated that the City should calculate what the next step
should be.
Couri presented a summary of the Developer's Contract, Draft
#3, dated August 17, 1992. He stated that with the exception of
three points which the Barthels wish to discuss with the Council,
they are in agreement with the contract terms. The points which
need to be addressed are:
1. Park dedication fees for commercial properties are based
on 5% land or 5% of fair market value of the raw land zoned
as commercial. Property must be appraised. Couri suggests
that Barthel's put down $500 as the estimated park dedication
fee, said fee to be adjusted after the county assessor
reassesses that land. It was agreed that the Council will
determine the amount of the park dedication fee after the
County Assessor has put a value on the raw land.
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ALBERTVILLE CITY COUNCIL
August 17, 1992
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Wal sh suggested that the PI anning Commission look at the
ordinance regarding park dedication fees on commercial land and
reword the current ordinance.
2. Couri stated that the variance was not granted with regard
to del etion of interior curbing in the parking area. This
must go back to the Planning Commission and they have to amend
the minutes of the meeting at which this was discussed, if in
fact the variance was granted. Haller and Vetsch stated that
they think this was agreed upon, but not specifically stated
in the motion. Radzwill stated that this issue does not have
to go back to the Planning Commissioner, that the Commission
members can sign off of the amendment to the minutes.
3. Linda stated that the legal and engineering fees which
have been charged against the Barthel project total $1,981 to
date. Barthel's feel that part of the legal fees they are
being charged include an ordinance change and should not be
charged to this project. Barthel suggested that the attorneys
go through their billing and let the City know exactly what
is charged against this project.
Potter made a motion to approve the Developer's Agreement with
the stipul ation that this was, in fact, approved through the
Planning Commission. Barthel seconded the motion. All voted aye.
Cauri informed the Council that the I.R.S. requires all
municipalities to pass a resolution authorizing the City Clerk to
keep track of all costs related to bonding. A new resolution must
be passed for every project which is to be bonded. Walsh requested
that this be put on the agenda for review and discussion at the
next Council meeting.
Couri released specific information relating to the matters
discussed in the closed meetings. The City authorized Radzwill's
office to accept a settlement from Juran and Moody in the amount
of $3,800 for excessive fees charged relating to refunds on
improvement bonds for Sunrise Commercial Park.
Potter made a motion to recess the meeting for 10 minutes.
The motion was seconded by Barthel. All voted aye.
Information relating to the closed meetings was made available
to interested parties.
Couri presented a synopsis of the closed meetings and stated
that the Council decided to settle with Juran and Moody regarding
the fees charged on the Sunrise Commercial Park and refunding bonds
of 1988. The City has also agreed to release Juran and Moody from
the fees portion of the bonds, not from any other portions of the
bonds. There is no admission of any liability on Juran and Moody's
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ALBERTVILLE CITY COUNCIL
August 17, 1992
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part. The Ci ty decided to sever all ties wi th Juran and Moody
immediately.
The other issues addressed in the closed meetings were
relative to fines and penalties charged to the City by the I.R.S.
on certain matters which had not been attended to. The ci ty
considered making a claim on their errors and omissions insurance
regarding these matters. The City also considered the possibility
of proceeding wi th I egal action against any of the former Ci ty
administration relating to these same issues. Based on
recommendations by the City Attorney, the Council decided not to
proceed with any further legal action against either the former
City Administrator or the former City Council.
Laurie Winters of The Crow River News questioned exactly what
amount of money was spent on legal fees relative to these issues.
The Counci I di rected Linda to provide that figure to Winters.
Radzwill stated that most of the legal fees involved were
corrective in nature, i.e. recording, finishing, compiling, rather
than investigation.
Haller suggested that the Council send another letter to the
citizens of Albertville to explain exactly what has happened during
the closed meetings.
Potter made a motion to approve the minutes from the October
30, 1991, closed meeting. Barthel seconded the motion. All voted
aye.
Potter made a motion to approve the minutes from the March 2,
1992, closed meeting. Barthel seconded the motion. All voted aye.
Potter made a motion to approve the minutes from the May 28,
1992, closed meeting. Barthel seconded the motion. All voted aye.
Potter made a motion to approve the minutes from the July 20,
1992, closed meeting. Barthel seconded the motion. All voted aye.
Potter made a motion to accept Juran & Moody's settlement
offer in the amount of $3,800 for the rebate of the fee paid to
Juran & Moody, Inc. in relation to the 1988 issues dated December
I, 1988. Barthel seconded the motion. All voted aye.
Vetsch made a motion to sever all ties with Juran & Moody and
to have the Counci 1 appoint another financial advisor. Pot ter
seconded the motion. All voted aye.
The Council reviewed the recommendations from the Planning &
Zoning Commission meeting on August II, 1992. Berning made a
motion to approve the site plan for Security Northwest Bank subject
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ALBERTVILLE CITY COUNCIL
August 17, 1992
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to all variances, setbacks, and right-of-way vacation as
recommended. Potter seconded the motion. All voted aye.
Based on the recommendation of the Planning & Zoning
Commission, Potter made a motion to adopt the Resolution 1992-15
which approves the replatting of property legally described as Lots
7, 8 and 9, NW1/4 NE1/4 into one lot, as requested by Security Bank
Northwest. Vetsch seconded the motion. All voted aye.
Based on the August II, 1992, recommendation of the Planning
& Zoning Commission, Potter made a motion adopting Resolution 1992-
16 approving the vacation of that portion of 60th Street described
as follows: That part of Lots 7 and 8, Block I, Plat of Block I
and Block 2 in the NW 1/4 of the NE 1/4 Section I, Township 120,
Range 24, Wright County, Minnesota, according to the recorded plat
thereof, lying northeasterly of the southwesterly right of way line
of Old Minnesota State Highway No. 152. Vetsch seconded the
motion. All voted aye.
Based on the August II, 1992, recommendation of the Planning
& Zoning Commission, Potter made a motion adopting Resolution 1992-
17 approving the vacation of the Drainage and utility Easement on
the rear lots lines of Lots 1 and 2, Block 2, psyk's Third Addition
as requested. This is being done to allow the parcel s to be
replatted. Vetsch seconded the motion. All voted aye.
Based on the August II, 1992, recommendation of the Planning
& Zoning Commission, Potter made a motion adopting Resolution 1992-
18 approving the replatting of the Lots 1 and 2, Block 2, Psyk's
Third Addition as requested. Berning seconded the motion. All
voted aye.
Potter made a motion to accept the resignation of Rick Bishop
from the Planning & Zoning Commission effective August 6, 1992.
Berning seconded the motion. All voted aye.
Barthel made a motion to approve the Financial Statement for
the period July 31 - August 12 with the stipulation that the 7/29 _
8/11 payroll checks listed be numbered 6652-6657. Vetsch seconded
the motion. All voted aye.
Barthel made a motion to pay the bills as presented (Check #'s
6658-6684). Vetsch seconded the motion. All voted aye.
The Council reviewed the plans and specifications for the new
park shelter as presented. Potter made a motion to approve the
plans and specs. Berning seconded the motion. All voted aye.
Potter made a motion to grant a variance to City Park from the
bl acktopped parking lot requi rement because of the inadequate
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ALBERTVILLE CITY COUNCIL
August 17, 1992
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soils. Berning seconded the motion. All voted aye.
Linda informed the Council
a representative from MNDOT
improvements to the Park & Ride
Road 19 & 37 at 9:00 AM, August
the meeting as well.
that she has set up a meeting with
to discuss state financing for
property at the junction of County
22. Berning volunteered to attend
Vetsch made a motion that the City of Albertville approve the
purchase agreement between the Joint Powers Board and Theodore Von
Bank as presented. Berning seconded the motion. All voted aye.
Linda reported that she, Mayor Walsh, Mike Couri and Patti
Salzwedel met with Ralph and Helen Ackerman and their attorney to
discuss upgrading Sunshine Kennels to comply with city ordinances.
Ackerman agreed to present a proposal of improvements he will make
and a time schedule of completion. Another meeting will be held
in a month.
Berning, Potter and Linda will attend the LMC regional meeting
in Hanover on Thursday, September 3rd.
The Council agreed to refund $15 of the park rental fee to
those renters who were not able to use the park shelter facilities.
Potter made a motion to change the date of the next regular
Council meeting from September 7 to September 8 due to the Labor
Day holiday. Vetsch seconded the motion. All voted aye.
Potter made a motion to adjourn at 11:50 Pm. Berning seconded
the motion. Linda advised that the Council should set a public
hearing on the Facilities Plan for the wastewater treatment
expansion before the meeting adjourned.
Potter rescinded his motion to adjourn. Berning rescinded his
second of the motion to adjourn.
Potter made a motion to set a public hearing to discuss the
Facilities Plan for the wastewater treatment expansion for Monday,
September 21, 1992, at 7:00 PM. Berning seconded the motion. All
voted aye.
Berning made a motion to
the motion. All voted aye.
Vetsch seconded