1993-06-07 CC Minutes
Albertville City Hall
7:30 PM
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ALBERTVILLE CITY COUNCIL
June 7, 1993
PRESENT:
Berning, John
Houghton, City
(8:30 PM)
Mayor Mike Potter (8:35 PM), Councilmembers Duane
Vetsch, and Albert Barthel, City Clerk Linda
Engineer Norm Gartner, City Attorney Mike Couri
Acting Mayor Berning called the regular meeting of the
Albertville City Council to order.
The agenda was amended by adding the following items:
(1) Void Check #7504 and add Check #7560 payable to
Barthel Masonry in the amount of $2,250.00
(2) Discussion of Burlington Northern/Savitski property
drainage problem under the Engineering Department
(3) Discuss resolution to be addressed by the City of
Otsego regarding a multi-community sewer plan
Barthel made a motion to approve the agenda as amended.
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Vetsch made a motion to approve the Follow-Up Sheet from the
May 17, 1993, meeting. Berning seconded the motion. All vote aye.
The minutes of the May 17, 1993, meeting were amended on Page
6 Paragraph 2, by adding the following: Vetsch seconded the
motion. All voted aye. Vetsch made a motion to approve the
minutes of the May 17, 1993, regular meeting as amended. Berning
seconded the motion. All voted aye.
Vetsch made a motion to approve the minutes of the May 27,
1993, joint meeting on the Comp Plan. Berning seconded the motion.
All voted aye.
Vetsch made a motion to approve the minutes of the May 27,
1993, special meeting as amended. Berning seconded the motion.
All voted aye.
Dennis Fehn addressed the Counci I regarding his desi re to
maintain two driveway accesses onto 50th Street. Fehn explained
tha this driveway is horseshoe shaped for safety reasons. In
checking the Zoning Ordinance, Linda discovered that residential
properties are allowed only one driveway access and Fehn's property
is zoned industrial, chich allows one driveway access for every 125
feet of property , provided that there is a distance of 40 feet
between the driveways. Fehn also stated he would like to retain
the driveway access on his property onto Barthel Industrial Drive.
Jerry Corbin also requested that he be allowed to retain his
driveway access on 50th Street. He stated that he had bought the
property as is and he uses the driveway off 50th Street to access
.
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ALBERTVILLE CITY COUNCIL
June 7, 1993
Page 2 of 7
the existing building on his property. Corbin agreed to attend the
Planning Commission meeting scheduled for tomorrow night to discuss
a possible conditional use permit.
Barthel made a motion to send both
driveway concerns to the Planning Commission.
motion. All voted aye.
Fehn's and Corbin's
Vetsch seconded the
Mary Ann Barthel and Ray Vetsch addressed the Counci I in
regards to the sewer main replacement on 60th street. Barthel is
concerned that the main in front of her property is not being
replaced and she is worried that she may experience sewer backups
at some point in the future. The Council viewed the video tape of
the sewer main section being discussed. Norm Gartner expl ained
that hydraulic capacity of the main as well as the condition of the
pipe were the criteria used to determine which sections of main
would be replaced. The section of 60th street being discussed did
not meet the criteria established for replacement. To replace the
approximately 100 feet additional pipe would cost somewhere in the
$4,000-$5,000 range.
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Barthel made a motion directing the engineer to issue a change
order to extend the sewer main on 60th street from Main Avenue to
the second manhole on 60th street. Norm will provide actual cost
figures. Vetsch seconded the motion. All voted aye.
Ken Lindsay reviewed the quotations for the replacement of the
outfield fence at City Park. Century Fence's quote for $2,800 to
replace the fence and install a new 10' gate on the north side was
the cheapest. Marv Vetsch, Park Board Chairman explained that the
Park Board had reviewed the quotes and had recommended that the
Council accept Century Fence's quote. However, he was unaware that
the quote included the new 10' gate. He was unsure if the other
Park Board members were aware of the new gate. Barthel made a
motion to accept the quote from Century Fence to replace the
outfield fence at City Park and to remove the 8' gate and relocate
a new 10' gate. Berning seconded the motion. All voted aye.
Ken reported that the second discharge from the ponds has been
completed and the next transfer is already in progress.
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Ken asked for Council directive as to what to do with the
parking lot at City Park. There are areas where the parking lot
is so wet and soft that major corrective measures are necessary.
Ken reported that he had spoken wi th Dennis Fehn about what
corrections should be made and Fehn suggested the only solution
would be to dig out the areas up to two feet deep and fill back in
with gravel but it would be very costly. The Council agreed to
wait until Mayor Potter was in attendance before reaching a
decision.
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ALBERTVILLE CITY COUNCIL
June 7, 1993
Page 3 of 7
Ken also reported that if the ci ty continues to operate a
composting site it must be licensed by the MPCA. At this time Ken
has discontinued all composting.
City Engineer Norm Gartner reported that the grading on 50th
street is mostl y compl ete. A few more days are necessary to
complete the utility work. Depending upon the weather, the sub-
base may be started.
Norm al so reported that Widmer, Inc. has begun the sewer
replacement project.
Mayor Potter arrived at the meeting at 8:35 PM and conducted
the remaining portion of the meeting.
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Norm reviewed the specs for rebidding the wastewater treatment
plant. He pointed out that if the old storage garage building was
removed, the culvert and the retaining wall to control drainage
would not be necessary. The City would save approximately $5,000
in expenses. Mayor Potter wi II meet wi th Ken and Linda to
determine if the City could find sufficient space to store the
items presently stored in this building.
Gartner explained that the revised plans and specs for the
wastewater treatment faci I i ty call for al ternate bids on the
clarifier with an aluminum dome, with a fiberglass dome, and with
no dome. Norm was also directed to set up an alternate bid request
for the UV disinfecting system just recently available. This UV
system is basically the same technology as the original system bid
but it does not have all the electronic alarms and gadgetry and is
consequently cheaper.
The report from the 106 Group has been received and it finds
there is very lit tIe probabi I i ty of the was tewater t rea tmen t
facility being the site of Indian burial grounds.
Gartner detailed the options to correct the storm sewer at the
corner of Large Avenue to prevent future freeze ups. Mayor Potter
and Ken wi 11 visual I y inspect the si te and determine the best
option to pursue.
Linda was directed to notify the service organizations who
have placed signs at the corner of 60th street and Large Avenue
that the signs will be removed during the sewer replacement project
and will be relocated after completion of the project in compliance
with City ordinances.
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Councilman Berning explained that he had gone to check on the
drainage at the Burlington Northern/Savitski area and had found
that there is a dam blocking the ditch and causing water to back
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ALBERTVILLE CITY COUNCIL
June 7, 1993
Page 4 of 7
up. The Council directed Thore to go to the site and report back
to the Council on the corrective measures to be taken.
Dave Heifort explained that he owns the corner lot on 52nd
street and Main Avenue. He had been assured that after the
sidewalk was installed his lot would be graded to his satisfaction
to the sidewalk. He stated that the contractor had come back to
finish the grading, but he was not satisfied with the finished
product. Since he had contracted wi th a I andscaper to sod his
lawn, Tim Barthel, a neighbor, graded the lot down to an acceptable
level as a favor to Heifort. Heifort's landscaper told him that
the grading done would cost approximately $400. Linda was directed
to check with the engineering inspector on the project as to why
Heifort's lot was not graded to his satisfaction. Linda will
notify Heifort of her findings.
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The Counci I reviewed the proposed septic system ordinance
(Ordinance #1993-7). Because the bui lding inspector had not
reviewed the proposed ordinance and he will be the one to enforce
the ordinance, Berning made a motion to table discussion on the
ordinance until the special meeting on May 15. Vetsch seconded the
motion. All voted aye.
Barthel made a motion to enter into a Developer's Agreement
with Douglas and Beatrice Psyk for psyk's Fifth Addition as
presented. Vetsch seconded the motion. All voted aye.
City Attorney Mike Couri advised the Council that a complaint
had been fi I ed against the ci ty by steve Bi rkel and. Couri has
contacted the League of Minnesota Cities and an attorney has been
assigned to the case.
The Council has received a request from Braun Development,
Inc. for municipal improvements in the Hardwood Ponds 2nd Addition
project. Vetsch made a motion to adopt RESOLUTION #1993-11
directing the City Engineer, upon the City's receipt of the signed
Petition for Municipal Improvements and Agreement To Be Assessed
from the developer, to prepare a feasibility study on municipal
improvements for Hardwood Ponds 2nd Addition. Berning seconded the
motion. All voted aye.
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The Council has received a request from Kenco Construction,
Inc., Inc. for municipal improvements in the Parkside Addi tion
project. Barthel made a motion to adopt RESOLUTION #1993-12
directing the City Engineer, upon the City's receipt of the signed
Petition for Municipal Improvements and Agreement To Be Assessed
from the developer, to prepare a feasibility study on municipal
improvements for Parkside Addition. Vetsch seconded the motion.
All voted aye.
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ALBERTVILLE CITY COUNCIL
June 7, 1993
Page 5 of 7
Couri advised the Counci I that the Parks edge Developer's
Agreement calls for a berm with trees to be installed. Couri
indicated that trees along the berm boroering Barthel Industrial
Drive may create a safety hazard. He recommended that the Council
review the area and decide if the trees and the berm should be
required.
Attorney Couri left the meeting at 10:25 PM.
Couri advised the Council that until all options are explored
regarding a potential purchase of the old clinic building, the
Council should make no decision at this time. He also suggested
that the Council may want to consider establishing an EDA (Economic
Development Authority) rather than an HRA. According to Couri, the
EDA has all the powers of an HRA plus additional capabilities.
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Based on the Findings of Fact as presented by the Planning
Commission and the recommendation that a variance be granted,
Vetsch made a motion to grant DJ's Total Home Care a variance to
allow curb stops to be used in place of curbing around their new
parking area. Barthel seconded the motion. Vetsch, Barthel, and
Potter voted aye. Berning abstained from the voting. The motion
carried and the variance was approved.
Based on the Findings of Fact as presented by the Planning
Commission and the recommendation that a variance be granted,
Barthel made a motion to grant the City of Albertville a variance
to allow a crushed grani te surface, rather than a bi tuminous
surface, on the parking lot at Ci ty Park. Berning seconded the
motion. All voted aye.
Barthel made a motion to adopt ORDINANCE #1993-8 entitled AN
ORDINANCE AMENDING SECTION 200.2 OF THE ALBERTVILLE LAND USE
(ZONING) REGULATIONS (1988-12) REGARDING THE TERM "BUILDING HEIGHT"
as recommended by the Planning Commission. Vetsch seconded the
motion. All voted aye.
Based on the Findings of Fact as presented by the Planning
Commission and the recommendation that a variance be granted,
Vetsch made a motion to grant a variance to allow School street
Development to construct a building higher than 35 feet. Berning
seconded the motion All voted aye.
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Berning made a motion to appoint Councilman Barthel as the
representative from the Planning Commission for budget meetings as
requested by Planning Commission. Vetsch seconded the motion. All
voted aye.
Vetsch made a motion to approve the Financial statement for
the period May 14 through June 2 as presented. Berning seconded
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ALBERTVILLE CITY COUNCIL
June 7, 1993
Page 6 of 7
the motion. All voted aye.
Vetsch made a motion to approve Check
#7504 voided) and Check #'s 7:.25-7560 as
seconded the motion. All voted aye.
#'s 7502-7523 (Check
presented Berning
Berning made a motion to approve Check #7524 after his
questions had been answered. Barthel seconded the motion. All
voted aye. Linda was directed to remind the maintenance department
damage reports should be turned in on all equipment damage.
Berning made a motion to appoint Jim Walsh and Cheryl Robertus
to the Fire Building Committee. Barthel seconded the motion. All
voted aye.
The Council reviewed the appointment of the official newspaper
after the six month trial appointment of the Wriqht County Journal-
Press. Berning made a motion to appoint the Crow River News as the
official newspaper effective July 1. Barthel seconded the motion.
Berning, Barthel and Potter voted aye. Vetsch voted no. The
motion carried.
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Barthel made a motion to adopt ORDINANCE #1993-9 entitled AN
ORDINANCE AMENDING ORDINANCE NO. 1988-2 ENTITLED "AN ORDINANCE
PROHIBITING SMOKING IN THE COUNCIL CHAMBERS OF CITY HALL AND
PROVIDING A PENALTY FOR VIOLATION THEREOF" BY PROHIBITING SMOKING
IN ALL CITY OWNED BUILDINGS AND VEHICIJES. Berning seconded the
motion. All voted aye.
Linda explained that Paul Ederer of Security Bank Northwest
has made a request fOL a public hearing to reconsider vacation of
60th street. The Council agreed to set a public hearing on the
vacation request for 7:00 PM on Monday, June 21.
Mayor Potter reported that the City has received a letter from
Health One offering to transfer the clinic building to the City for
the $160,000 remaining debt on the bond. The City could use the
building as a new City Hall. Linda was directed to contact the
City's financial advisors to see if the City's acquisition of the
building is feasible.
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Councilman Berning requested that Linda investigate the two
letters the City has received from Marvin Vetsch concerning the
problems he has encountered with the Maintenance Department in the
parks and prepare a staff report for the Council. The Council will
set a meeting with the maintenance department and the Park Board
after the staff report has been completed.
Vetsch
application
made a
for a
motion to
charitable
approve
gambling
the Albertville
license and to
Lions
adopt
The Council tabled a decision on Wright County Funding
Participation and Construction Agreement until June 21st in order
to have the engineer provide costs to the City.
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ALBERTVILLE CITY COUNCIL
June 7, 1993
Page 7 of 7
RESOLUTION '1993-10 entitled RESOLUTION APPROVING CLASS B GAMBLING
LICENSE FOR THE LIONS CLUB OF ALBERTVILLE. Berning seconded the
motion. All voted aye.
Mayor Potter reported that he has received information on the
procedure to follow to establish an HRA. Potter will contact the
person in st. Cloud who was instrumental in establishing that
ci ty' s HRA and ask him to attend the next Counci I meeting to
explain an HRA and EDA to the Council.
Berning made a mation to set a special meeting of the Council
for the purpose of reviewing the septic ordinance for 7:00 PM on
June 15 for 7:30 PM to review the 1992 audit report. Vetsch
seconded the motion. All voted aye
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Brain Bebeau told the Council that the culvert by the Joint
Powers Board building is below ditch level and is not allowing the
water to drain. The Council directed Thore to check the area and
report to the next Council meeting.
Barthel made a
seconded the motion.
motion to adjourn at
All voted aye.
11:35
PM.
Berning
Michael Potter, Mayor
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