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1993-05-03 CC Minutes Albertville City Hall 7:30 PM . ALBERTVILLE CITY COUNCIL May 3, 1993 PRESENT: Mayor Mike Potter, Counci lmembers John Vetsch, Sharon Anderson, Duane Berning, and Albert Barthel, city Engineers Thore Meyer and Norm Gartner, City Attorney Mike Couri, City Clerk Linda Houghton Mayor Potter called the regular meeting of the Albertville City Council to order. The agenda was amended under Administration to add discussion of the League of Minnesota Cities Annual Conference and the Wright County Mayors' Association meeting. Berning made a motion to approve the agenda as amended. Anderson seconded the motion. All voted aye. . The minutes of the April 19, 1993, meeting were amended on Page 1, Paragraph 5 to clarify that Berning rescinded his motion to vacate 60th Street NE only after Paul Ederer of Security Bank Northwest stated that he did not need the vacation of the street in order to construct the new bank building. Vetsch made a motion to approve the minutes of the April 19, 1993, regular meeting of the City Council as amended. Barthel seconded the motion. All voted aye. Vetsch made a motion to approve the minutes of the April 27, 1993, Board of Review hearing as presented. Barthel seconded the motion. All voted aye. Upon the advise of the city attorney, no results of the closed meetings previously held to discuss litigation between the City and Doug and Beatrice Psyk will be announced until after the proper court documents have been filed. . Ken Diers, 11389 54 1/2 Street NE, addressed the Council with his concerns regarding a fire hydrant located in the middle of his lot. Engineer Thore Meyer indicated that the pI ans and specs called for the hydrant to be located on the lot lines and he was unsure of how or why the hydrant was placed in a different spot. Joint Powers had a representative on site during construction of psyk's 4th Addition, and the error was apparently not discerned at that point. Moving the hydrant would cost somewhere in the $1,000 area. The consensus of the Council is that Diers should contact the Joint Powers Board about moving the hydrant, since Joint Powers has accepted psyk's 4th Addition water improvements and subsequent decisions affecting the water system. Judy Roden questioned the Counci I on what wi II be done . ALBERTVILLE CITY COUNCIL May 3, 1993 Page 2 of 6 regarding a failing septic system on the Ralph Ackerman property. Couri advised the Council that he is aware of the situation and is in the process of reviewing Wright County's ordinance, which was adopted as the City's ordinance to determine the proper course of action. . Bob Thistle of Springsted, Inc. reviewed the city's credit profile with the Council. A copy of the Credit Profile is attached as a permanent part of these minutes. Thistle recommended that the Council take four steps to stabilize the City's financial outlook and improve the chances of being rated. The four steps he outlined are as follows: (1) Put together a capital improvement program. (2) Take steps to increase the General Fund fund balance from its current deficit to a positive three-to-four month reserve. (3) Reduce the city's debt. Thistle explained that the majori ty of Ci ty debt is special assessment debt and would be paid of in the next five years. He suggested that some of the current bonds be considered for refunding in order to save interest payments. (4) Establish a five year plan for making capital improvements. Thistl e wi II get Linda copies of other communi ties' Five Year Program to review. Linda reported that nei ther Dave Licht or Bob Kirmis from Northwest Associated Consultants would be able to attend the joint meeting with the Planning & Zoning Commission and the Park Board. The Council agreed to postpone the meeting until Linda can contact Licht to find a mutually convenient date to meet. Linda reported that the composting program had been successful and that the maintenance department had reported several requests that the compost site be open at least one Saturday a month during the summer. The Council decided that the Maintenance Department could open the compost site the first Saturday of the month while he is at the wastewater treatment site checking pumps. This will not cost the City any additional expenses for overtime. Mayor Potter told the Council that he had discussed procedures and pol icies for crack seal ing wi th Ken and they would draft a crack sealing policy prior to working on next year's budget. . Anderson made a motion to adjourn to a closed session to discuss pending litigation regarding the assessment appeal by John- George, Inc. at 9:25 PM. Vetsch seconded the motion. All voted aye. . . . ALBERTVILLE CITY COUNCIL May 3, 1993 Page 3 of 6 Mayor Pot ter reconvened the publ i c porti on of the Ci ty Counci I meeting at 9:47 PM. Attorney Couri reported he has determined that the concerns over the assessment on the Virgil Pouliot problem that were brought to the Council's attention appear to be a problem between the buyer and seller of the property. The City had done everything properly in placing the assessment on the one PID. The property should have been split and given two PID number when it was sold. Couri explained that the Radzwill Law Office cannot represent the City of Albertville nor the City of Otsego in the disagreement that has risen over the expansion of the wastewater treatment facility. He advised the Council to retain an outside attorney to represent the City's interests. Engineer Norm Gartner recommended that the Ci ty have an attorney present to represent the Ci ty' s interests when the PCA Board meets on May 25, 1993, to consider approval of the recommendation of the PCA staff that an Environmental Impact statement is not necessary for the wastewater expansion. Vetsch made a motion to authorize Mayor Potter to retain counsel to review the Environmental Assessment Worksheet submitted to PCA and to be prepared to attend the PCA Board meeting on May 25. Barthel seconded the motion. Berning questioned the need for and the cost of retaining another attorney. He questioned if a not-to-exceed cost figure should be establ ished. There were no cost figure limitations added to the motion. Mayor Potter called for a vote on Vetsch's motion. Barthel, Vetsch, and Anderson voted aye. Berning voted no. The motion carried. The Council decided to table discussion on City policy regarding on the 429 statutes and Letters of Credit until after the joint meeting to discuss the City's Comp Plan has been held. Engineer Norm Gartner presented three proposals for an Archaeological Reconnaissance Survey for the wastewater treatment faci I i ty needed to answer issues raised by the Minnesota Historical Society. The three proposals are as follows: The 106 Group Ltd. Archaeological Research Service Braun Intertec not to exceed $1,226 not to exceed $1,887 $2,400 Vetsch made a motion to accept the proposal from The 106 Group Ltd. at a not-to-exceed cost of $1,226. Anderson seconded the motion. All voted aye. Gartner recommended that the Council consider increasing the sewer rates wi thin the next six months by approximatel y 10% in . ALBERTVILLE CITY COUNCIL May 3, 1993 Page 4 of 6 order to build up a cash reserve in the sewer fund at the end of twenty years. He also suggested that the Council review the sewer rates and consider an increase in another two or three years. The Council will discuss a rate increase at the meeting to discuss the City's comp plan. Norm reported that he is sti II wai ting for word from the electrical contractor regarding any non-essential cuts in the bid for the expansion of the wastewater treatment plant. Engineer Thore Meyer reported that the pre-construction meeting on 50th street had been held. Fehn wi II be beginning grading 50th street, possibly tomorrow. All but one easement from property owners has been secured. Wilfred Becker has been traveling and is expected to return soon. Thore reported completion of the first lift on blacktop on 50th is scheduled by August 1. . Thore reported the Main Avenue sidewalk project is basically complete. The City removed more curb than necessary as requested by the developers of Hardwood Ponds 2nd Addition. The additional costs to the City will be billed to that developer. Thore presented a Feasibi 1 i ty study for correction of the drainage problems in the Burlington Northern Railroad/County 19 area ( a copy of which is attached as a permanent part of these minutes) for the Council's review. The Council agreed to review the study and discuss what should be done at the next Council meeting. Thore was directed to contact MNDOT concerning their participation in the correction of the drainage problems along the interstate. Frankfort Township is apparent I y not wi 11 ing to participate in the costs, but the City Council has concurred that the problem be corrected regardless. Thore reported Widmer, Inc. will be starting the sewer main replacement by 60th street and Large Avenue on June 1. Norm will put together a proposal for repairing the storm sewer on Large Avenue in conjunction with the sewer replacement project for the Council to consider at their next meeting. . Anderson made a motion to approve the recommendation of the Planning Commission to grant the variance request from L & D Trucking allowing only partial blacktopping of the parking area, the remainder to be of crushed cement for trailer parking and allowing the pI acement of curb stops as opposed to curbing the parking area, as presented in the site plan submitted. Berning seconded the motion. All voted aye. (2) Addition, contingent upon the following: The developer will comply with all conditions outlined in the report from Northwest Associated Consultant dated April 22, 1993. The developer will comply with all conditions outlined in Meyer-Rohlin's report dated April 22, 1993. The developer enters into a Developer's Agreement with the City. The developer wi II, at his discretion, dedicate property for a walking path, if feasible, and/or make a cash payment for required park dedication. . ALBERTVILLE CITY COUNCIL May 3, 1993 Page 5 of 6 Vetsch made a motion to approve the recommendation from the Planning Commission granting preliminary plat approval to Hardwood Ponds 2nd (1) (3) (4) Barthel seconded the motion. All voted aye. Vetsch made a motion to approve the Financial statement for the period April 14 - April 28 as presented. Barthel seconded the motion. All voted aye. . Vetsch made a motion to approve payment of Check #7408 and Check #' s 7425-7452 as presented. Barthel seconded the motion. All voted aye. Vetsch made a motion to approve the 3.2 Liquor License for the Albertville Jaycees for May 7 from 5:00 PM to midnight, May 8 from 10:00 AM to midnight, and May 9 from noon to midnight. Barthel seconded the motion. All voted aye. Vetsch made a motion to approve the 3.2 Liquor License for the Albertville Jaycees for June 11 from 5:00 PM to midnight, June 12 from 10: 00 AM to midnight, and June 13 from noon to midnight. Barthel seconded the motion. All voted aye. Vetsch made a motion to approve the 3.2 Liquor License for the Albertville Fire Department for June 11 from 8:00 PM to midnight. Barthel seconded the motion. All voted aye. Vetsch made a motion approving the sale of the 1973 plow truck for $1,500. Barthel seconded the motion. AIl.voted aye. Because of the lateness of the meeting, the Council agreed to table the insurance review until the next meeting. . Anderson made a motion to approve the amendments to the 1993 budget as presented (a copy of which is attached as a permanent part of the record). Vetsch seconded the motion. All voted aye. . . . ALBERTVILLE CITY COUNCIL May 3, 1993 Page 6 of 6 The Council took no action on the awarding a bid for improvements in the psyk's 5th Addition pending a decision from the developer and a signed Developer's Agreement. Doug psyk questioned whether the City would allow PCV water main to be installed instead of cast iron in Psyk's 5th Addition. Joint Powers has updated its specs to allow PCV to be used, but each community has the option of requiring the use of cast iron. Thore was directed to check into the pros and cons of PCV vs. cast iron. The Counci I discussed Joint Powers' request that the Ci ty require each developer to provide an additional letter of credit or cash escrow to cover construction of the water system. Anderson made a motion to have Joint Powers secure and maintain its own letter of credit or escrow deposit. Barthel seconded the motion. All voted aye. Mayor Potter announced that the annual League of Minnesota Cities Conference is being held in st. Cloud June 8-11 and told the Council that if any of the Council was interested in attending to contact either him or Linda. Albertville will be hosting the June Wright County Mayors' Association meeting. Mayor Potter briefly reviewed his discussions with Winkelman Construction regarding a lease/purchase program for a new fire barn. Anderson questioned why the City had not received more than one proposal and recommended that the Council should have at least one other proposal to consider before any decision is reached. The general consensus of the Counci I is to check around for other companies that may provide lease/purchase agreements. Berning made a motion to seconded the motion. All voted adjourn at 11: 45 PM. aY~~ Michael Potter, Mayor } Barthel