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1993-06-21 CC Minutes . ALBERTVILLE CITY COUNCIL June 21, 1993 Albertville City Hall 7:30 PM PRESENT: Mayor Mike Potter, Councilmembers John Vetsch, Duane Berning, Sharon Anderson, and Albert Barthel, City Engineer Thore Meyer, 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 to include the following items under Administration: (1) Request from Sheriff Don Hozempa to meet to discuss contracted police protection (2) Resolutions for DTED funding application (3) Purchase order for signs to be donated by Lions (4) Set joint meeting of the City Council and Park Board (5) Appoint committee to meet with Security Bank Northwest regarding property Berning made a motion to approve the agenda as amended. Anderson seconded the motion. All voted aye. . Vetsch .made a motion to approve the Follow-up Sheet from the June 7, 1993, meeting. Barthel seconded the motion. All voted aye. Vetsch made a motion to approve the minutes of the June 7, 1993, regular City Council meeting. Barthel seconded the motion. All voted aye. Vetsch made a motion to approve the minutes of the June 15, 1993, special meeting conducted at 7:00 PM. Barthel seconded the motion. All voted aye. The minutes of the June 15, 1993, special meeting to review the 1992 audit report were amended at Paragraph 3 to include the following: "Linda will also provide the auditor with the amounts of the reserved capital outlays from the 1992 budget". Vetsch made a motion to approve the minutes as amended. Barthel seconded the motion. All voted aye. . Bob Thistle of Springsted, Inc. presented the Council with the bid tabulations (COpy attached) for the $675,000 General Obligation Refunding Bond, Series 1993A, which refunds the $1,145,000 General Obligation Improvement Bonds of 1979, the $675,000 General Obligation Improvement Improvements Bonds, Series 1985A, and the $575,000 General Obligation Improvement Bonds, Series 1986A and provides new money for financing the 1992-13 Improvement Project (50th Street construction). Four bids were received. The lowest bid was received from Park Investment Corporation at a true interest rate of 4.9714%. Thistle told the Council that refunding . ALBERTVILLE CITY COUNCIL June 21, 1993 Page 2 of 6 the previously mentioned bonds at the rate bid from Park Investment Corporation results in a savings to the City in the amount of $191,281.67. Thistle recommended that the Council accept the low bid from Park Investment Corporation. Berning made a motion to adopt a resolution entitled RESOLUTION ACCEPTING BID ON THE COMPETITIVE NEGOTIATED SALE OF $675.000 GENERAL OBLIGATION IMPROVEMENT REFUNDING BONDS, SERIES 1993A, PROVIDING FOR THEIR ISSUANCE. PLEDGING FOR THE SECURITY THEREOF SPECIAL ASSESSMENTS. AND LEVYING A TAX FOR THE PAYMENT THEREOF. Barthel seconded the motion. All voted aye. . Stan, Don, and Betty Barthel discussed their interest in having the Developer's Agreement for Barthel's Commercial Park amended by delaying the construction of the street, sanitary sewer, water, and storm sewer as required. Councilmember Barthel stated that he would abstain from the discussion and any vote taken by the Council because of a conflict of interest. Don Barthel explained to the Council that the cost of putting in the street, even the 250 feet required immediately, was prohibitive if there were no additional lots sold in the plat. Barthel requested that he be allowed to construct only a partial street with no curb, gutter or water mains. City Attorney Mike Couri explained to the Council that the Developer's Agreement is a legally binding document and he cannot see a basis for amending the agreement. City Zoning Ordinances require that streets be constructed to City standards. In order for the Council to deviate from the street requirements, the City ordinance must be changed. A variance can only be granted on criteria established that expressly denies financial hardship as a reason to grant a variance. Betty Barthel told the Council that she believes they were misled by the Planning Commission, the Council and others in the City, including the engineer and the attorney, about the need to plat their property. She stated there was no reason to plat the property because their bus garage was in a separate parcel. Couri explained that the City only approves platting upon the owner's request and is under no authority to tell property owners when or how to plat their property. Don Barthel stated that he has no objections to the plat as it is. . Ci ty Attorney Couri stated that the Council has limited authority to alter a developer's agreement and warned that if this development agreement is altered, there may be several other requests to alter developer's agreements. Couri advised that unless the Council finds a very compelling reason to alter the agreement, the Developer's Agreement should not be altered. . ALBERTVILLE CITY COUNCIL June 21, 1993 Page 3 of 6 Engineer Thore Meyer presented the Feasibility Study for the Hardwood Ponds 2nd Addition. The total estimated cost for the construction of the project is $239,330, exclusive of bonding, financing, or legal costs. The estimated costs work out to approximately $8,900 per lot. Anderson made a motion to adopt RESOLUTION 1993-12 entitled RESOLUTION ACCEPTING PETITION FOR IMPROVEMENTS, ACCEPTING FEASIBILITY STUDY, ORDERING IMPROVEMENTS AND ORDERING PLANS AND SPECIFICATIONS FOR HARDWOOD PONDS SECOND ADDITION. Barthel seconded the motion. All voted aye. . Thore presented the Feasibility Study for the Parkside Addition. The total estimated costs for the construction of the project is $896,055, exclusive of bonding, financing, or legal costs. The feasibility study includes the cost of 18 service leads for water and sewer along Outlots A and B. The Westwind Third Addition development has not yet presented a proposal for extending the 12" water and sewer trunk line along County Road 37, which is necessary to provide service to Parkside Addition. Attorney Couri also pointed out that the Feasibility Study does not include the extension of the main beyond the temporary lift station. Unless the developer pays or installs this main, the City will be required to install the main at some point in the future and will be unable to assess those costs. The Council concurred that this extension should be included in the Parkside improvements. Barthel made a motion to adopt RESOLUTION 1993-13 entitled RESOLUTION ACCEPTING PETITION FOR IMPROVEMENTS, AMENDING THE Feasibility STUDY TO INCLUDE THE EXTENSION OF SEWER AND WATER MAINS ALONG COUNTY ROAD 37, AND ACCEPTING THE FEASIBILITY STUDY FOR PARKSIDE ADDITION AS AMENDED. Anderson seconded the motion. All voted aye. Thore reported that he had viewed the ditch along the Savitski/Burlington Northern property and has found that the culvert underneath the drive is plugged and the water is not flowing. Linda was directed to send a letter to L & D Trucking and request that they remove the dirt that has been added to the ditch. . Corny Paulson told the Council that he has found that the City is encroaching on his property with the alleyway. He requested that the City restore his property (approximately 10 feet from the back of his garage) back to grass. The Council agreed to have the Maintenance Department remove the gravel from Paulson's property and replace it with black dirt and grass seed. . ALBERTVILLE CITY COUNCIL June 21, 1993 Page 4 of 6 Paulson also questioned the difference between the survey for his property and the survey for the adjoining bank property. Thore explained that the only solution to the question is to have both the bank's surveyor (Dennis Taylor) and Paulson's surveyor (Bob Rohlin) meet to establish the exact line so that both surveys reflect the same lines. Attorney Couri left the meeting at 9:10 PM. Thore reported that the storm sewers and the retaining walls along 50th Street have been installed. Depending on the weather, gravel will be hauled in for the sub-base this week. The sewer replacement project is moving ahead. The engineering inspector reports they have found large sources of infiltration that the replacement will correct. . Barthel made a motion to replace an additional 128 feet of sewer main along 60th Street as previously agreed upon at an additional cost of $7,960. Vetsch seconded the motion. All voted aye. The contractor for the Main Street sidewalk project still has some final things to be completed. The Council questioned Thore regarding Dave Heifort's request that the City pay for additional sloping on his property. Thore stated that the contractor originally sloped Heifort's property back to his property line. Upon a request from Heifort, the contractor went back and continued to slope the ground past the City right-of-way. Thore believes the City is not responsible for the additional grading that Heifort had done. Linda was directed to send Heifort a letter to that effect. Berning made a motion to adopt RESOLUTION 1993-14 requesting funding from the Department of Trade and Economic Development for the sewer replacement project (Project 1993-11B). Vetsch seconded the motion. Barthel made a motion to adopt RESOLUTION 1993-15 requesting public financing from the Department of Trade and Economic Development for the wastewater treatment facility expansion project (Project 1993-11A). Anderson seconded the motion. All voted aye. . Vetsch made a motion to approve the Financial Statement from the period June 3- June 16 as presented. Barthel seconded the motion. All voted aye. Vetsch made a motion to approve payment of Check #'s 7566-7583 and to void Check #7584. Barthel seconded the motion. All voted aye. . . . ALBERTVILLE CITY COUNCIL June 21, 1993 Page 5 of 6 The Council directed Linda to prepare a purchase order for seven City of Albertville signs and posts when quotes have been received. The Lions have agreed to pay for the signs and posts. The Council denied the request for a donation to the STMA Marching Band. Barthel made a motion to approve the request from the St. Albert"s Parish Center to close off one block of 57th Street west of Main Avenue for their parish festival on July 18, 1993, from 9:30 AM to 5:00 PM. Anderson seconded the motion. All voted aye. The Council discussed the resolution entitled Authorization to Participate in Regional Sewer Facility Study as requested by the City of Otsego. Upon the advice of Attorney Lloyd Grooms, the Council agreed not to adopt the resolution as presented, until the language in paragraph 7 is clarified to state that each community prepares at its own cost its own comprehensive sewer plan. The Council also reviewed the Agreement for the Restoration and Maintenance of Otsego Creek as prepared by the City of Otsego. Since there are areas within the proposed agreement where the details have not been completed, the Council is unwilling to enter into such an agreement until those details are specified. Barthel made a motion to adopt RESOLUTION 1993-16 entitled AGREEMENT FOR THE RESTORATION AND MAINTENANCE OF OTSEGO CREEK, which commits the City of Albertville to participate in Otsego Creek maintenance and restoration but establishes a committee consisting of two members each of the Albertville and Otsego City Councils and the respective engineers to work out the details of the agreement. Vetsch seconded the motion. All voted aye. The Council set a Fire Board committee meeting for Thursday, July 1, 1993, at 7:00 PM. Mayor Potter will serve as the alternate committee member. The Council agreed to table discussion on the Wright County Funding Participation Agreement for replacing Main Avenue until additional cost figures are presented. Anderson made a motion to increase the sewer rates by 10% effective July 1, 1993. The minimum rate will remain at $30 per quarter and will allow use of up to 15,000 gallons. The cost per additional 1,000 gallons of use will be $2.31. Barthel seconded the motion. Anderson, Barthel, Berning and Potter voted aye. Vetsch voted no. The motion carried. The Council will review the sewer rates again in six months. . ALBERTVILLE CITY COUNCIL June 21, 1993 Page 6 of 6 Councilmembers Barthel and Vetsch were appointed to meet with Sheriff Don Hozempa of the Wright County Sheriff's Department to discuss contracted services for the City of Albertville. Mayor Potter and Linda were authorized to meet with Paul Ederer of Security Bank Northwest to resolve a lease or purchase of the City owned property bordering the bank's lot. Berning made a motion to set a joint meeting with the City Council, the Park Board and the Maintenance Department for Wednesday, July 21st at 7:00 PM. Anderson seconded the motion. All voted aye. . Anderson made a mot ion to adj ourn at 10 : 50 PM. seconded the motion. All voted aye. Berning Councilmember Anderson reported that the City can purchase a used time clock from Radiation Products Design for $30. Kevin Mealhouse has volunteered to install the time clock at no cost. Michael Potter, Mayor e