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1993-05-17 CC Minutes . ALBERTVILLE CITY COUNCIL May 17, 1993 Albertville City Hall 7:30 PM PRESENT: Mayor Mike Potter, Councilmembers Duane Berning, John Vetsch, Sharon Anderson, and Albert Barthel, City Clerk Linda Houghton, City Engineer Thore Meyer, City Attorney Mike Couri Mayor Potter called the regular meeting of the Albertville City Council to order. The agenda was amended by adding the following items under the Administration Department: (1) Review insurance quotes (2) Set meeting for Comp Plan review (3) Letter to property owners with more than one driveway access (4) Grant program for walkways and bikepaths Berning made a motion to approve the agenda as amended. seconded the motion. All voted aye. Barthel . Upon Anderson's request, the bills list was removed from the consent agenda. The ARCA contract and the agreement with Wright County were also removed from the consent agenda. Berning made a motion to approve the Follow-Up Sheet from the May 3, 1993, meeting as presented. Vetsch seconded the motion. All voted aye. Paragraph 6 of Page 6 of the minutes of the May 3, 1993, were amended to state that the Council would check out all other options regarding the possible construction of a fire barn. Berning made a motion to approve the minutes of the May 3, 1993, meeting as amended. Vetsch seconded the motion. All voted aye. Russ Voght questioned the Council about what would be done with the apparently failing septic system on the Ralph Ackerman property. Linda explained that the City's septic system ordinance has no provisions for corrective measures required or for penal ti es. The Ci ty Counci I wi 11 consider adopti on of a new septic system ordinance at the next meeting. . Doug Psyk addressed his concerns with the proposed psyk's 5th Addition plat and the developer's agreement for that plat. Linda will set up a meeting with the city attorney and Psyks to discuss and iron out the disagreements with the developer's agreement. Thore will meet with Psyk to review the plat. Thore pointed out that the bid from Northdale Construction for psyk's 5th Addition has expired without a contract being signed. Attorney Couri . ALBERTVILLE CITY COUNCIL May 17, 1993 Page 2 of 6 reminded the Council that the entire project must be rebid. The project can be bid with an alternate bid for PCV piping and with cast iron piping. Russ Voght also informed the Council that there is still a drainage probl em on his road. He has worked wi th the Wright County engineer, but the problem has not been corrected. Linda was directed to check the minutes and information available from 1984 regarding the PPM building to determine whether the road was dedicated to the City or if any variances were given to the property. . Bob Thist 1 e of Springsted, Inc. reviewed the proposed new bond issue ($675,000 General Obligation Improvement Refunding Bonds, Seri es 1993A) to refund the $1,145,000 G. O. Improvement Bonds of 1979, the $675,00 G.O. Improvement Bonds, Series 1985A and the $575,000 G. O. Improvement Bonds Series 1986A and to finance the cost of the Ci ty' s 1993 50th Street reconstruction project. Thistle reported that the City would save an estimated total of $194,171 in interest over the life of the refunded bonds. The new bond issue would be dated July 1, 1993 and mature February 1, 1994 through 2006, and would be callabe in 2003. The bond sale can be set for June 21, 1993. Anderson made a motion to adopt RESOLUTION PROVIDING FOR THE COMPETITIVE NEGOTIATED SALE OF $675,000 GENERAL OBLIGATION IMPROVEMENT REFUNDING BONDS, SERIES 1993A. Berning seconded the motion. All voted aye. City Engineer Thore Meyer reported that cutting is in progress on 50th Street. Fehn Excavating has been doing a good job attempting to maintain driveway accessibility for the residents. Thore reviewed the drainage feasibility study on the Savitski/Burlington Northern Railroad area. The most beneficial alternative is to lower the culvert under the railroad, but it is also the most expensive al ternati ve. The Counci I concurred to table any decision at this time. Thore has set up a meeting with MNDOT to discuss the drainage problem along 1-94 at 2:00 PM on Friday, May 21. Linda was asked to contact Frankfort Township inviting them to attend this meeting to work out a solution to this mutual drainage problem. Councilman Barthel left the meeting at 8:25 PM. . The Counci I reviewed the contract wi th Wright County for street restoration of Main Avenue NE. The County will pay for 50% of the bituminous replacement only. Vetsch made a motion to table . ALBERTVILLE CITY COUNCIL May 17, 1993 Page 3 of 6 the contract until more information can be gathered regarding costs. Anderson seconded the motion. All voted aye. Thore reported that the contractor for the sidewalk project must come back to finish detail work, but the project is virtually complete. Berning made a motion to tabl e discussions on Ci ty pol icy regarding letters of credit and the 429 statutes until a special meeting set for 7: 00 PM on Thursday, May 27. The Counci I wi II meet in a joint session that same evening at 7: 30 PM wi th the Planning Commission and the Park Board to discuss the Comp Plan. Vetsch seconded the motion. All voted aye. Couri reported that the court documents on the Psyk settlement have been filed. The City is now able to release that portion of the minutes of the closed meetings that pertain to the Psyk settlement. . Couri advised the Council that when a variance or conditional use permit application comes before the Council from the Planning Commission without Findings of Fact, the Council should send the issue back to the Planning Commission. Couri also advised the Council that final plat approvals granted should be conditional. All final plat approvals should be contingent upon the MPCA granting sewer extensions and should state that the City assumes no responsibility for any delays which may occur with the expansion. Mayor Potter announced that he has retained the legal services of Lloyd Grooms to represent the City's interests in the situation involving the City of otsego's questioning of the Environmental Assessment Worksheet. Attorney Couri left the meeting at 9:05 PM. Anderson made a motion to adopt ORDINANCE 1993-7 entitled AN ORDINANCE AMENDING ORDINANCE '1988-12 THE LAND USE (ZONING) REGULATIONS OF The CITY OF ALBERTVILLE BY ESTABLISHING AN I-lA, LIMITED INDUSTRIAL DISTRICT. Vetsch seconded the motion. All voted aye. The ordinance will be effective upon publication. . 1. The developer will comply with all recommendations in the Northwest Associated Consultants' report dated April 22, 1993. Vetsch made a motion to grant a condi tional final pI at approval to Hardwood Ponds Second Addition, contingent upon the foll owing: . ALBERTVILLE CITY COUNCIL May 17, 1993 Page 4 of 6 2. The developer wi II compl y wi th all recommendations in the Meyer-Rohlin, Inc. report dated April 22, 1993. 3. The developer will enter into a Developer's Agreement with the City. 4. The developer agrees to dedicate property for a walking path, if feasible, and/or a cash park dedication fee. 5. Final plat approval is contingent upon the MPCA granting sewer main extensions and connections. 6. The City of Albertville accepts no responsibility for delays caused by the inability to connect to the sewer system. Berning seconded the motion. All voted aye. Anderson made a motion to approval for Parkside (formerly contingent upon the following: . 5. grant conditional Westwind Fourth final plat Addition) , 1. The utilities and street construction on Kahler Drive is extended to County Road 37, as indicated; however, the proposed use of Outlots A and B will be determined so service leads for water and sewer can be provided at the proper locations. The existing berming as developed in Westwind' s 1st and 2nd Additions be continued along the northerly property lines of Lots 1-4, Block 1, and the easterly property line of Outlot B to County Road 37. The developer enters into a developer's agreement with the City. Final plat approval is contingent upon the MPCA granting sewer main extensions and connections. The City of Albertville accepts no responsibility for delays caused by the inability to connect to the sewer system. 2. 3. 4. Vetsch seconded the motion. All voted aye. . Berning made a motion to presented (Check #'s 7458-7492). approve payment of the bi 11 s as Vetsch seconded the motion. All Thore was directed to check into the 50th street sidewalk issue raised by the Planning Commission. Berning made a motion to approve the Financial statement for the period April 29 - May 13 as presented. Vetsch seconded the motion. All voted aye. . ALBERTVILLE CITY COUNCIL May 17, 1993 Page 5 of 6 voted aye. Berning made a motion to approve the 3.2 Liquor license for the Albertville Jaycees on June 11 from 5:00 PM to midnight. Vetsch seconded the motion. All voted aye. Berning made a motion to void the 3.2 Liquor License approved for the Albertville Fire Department for June 11 from 8:00 PM to midnight as requested. Vetsch seconded the motion. All voted aye. Berning made a motion to approve the 3.2 Liquor License for the Albertville Lions on June 11 from 5:00 PM to 9:00 PM and June 12 and June 13 from Noon to 9:00 PM. Vetsch seconded the motion. All voted aye. Berning made a motion to approve the contract for recycling appliances on May 22, 1993, with ARCA, contingent upon the specification that the City assumes no billing responsibilities. Anderson seconded the motion. All voted aye. . stan Barthel requested that the City Council consider voiding the Developer's Agreement entered into for Barthel Commercial Park. Linda advised the Counci I that the document has been recorded already and that in her opinion a developer's agreement cannot be voided upon request. Barthel will meet with Linda to discuss the situation. The City concurred that there will be no change in the City's regular 40 hour work week for all employees. Vetsch made a motion to set City Hall office hours from 8:00 AM to 4:30 PM. Anderson seconded the motion. All voted aye. The Council discussed putting a time clock in City Hall for all employees. Councilmember Anderson will check with her employer regarding using an old time clock he has. The Counci I discussed making all Ci ty owned bui I dings and vehicles smoke-free. Linda was directed to prepare an ordinance establishing the smoke-free zones for the Council to consider at the next meeting. The Council was advised of a grant program offered through the state for bicycle and walk paths. The information has been referred to the Park Board for their consideration. . The Counci I reviewed the insurance quotations. Linda was directed to get prices on increasing the property in the open category on Four Seasons Park to $25,000 and to delete coverage on the snowplow truck and wing recently sold by the City. The Council . . . ALBERTVILLE CITY COUNCIL May 17, 1993 Page 6 of 6 will make a final determination at the next Council meeting. Anderson made a moti on di recting Linda to send letters to Dennis Fehn, Jerry Corbin and Ron Andrea concerning those properties having more than one driveway access and advising them that when major construction is undertaken on the adjoining streets that the second driveway access will be removed. Anderson made a motion to adjourn at 10: 30 PM. seconded the motion. All voted aye. Berning Michael Potter, Mayor