1993-06-21 CC Minutes
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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.
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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.
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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
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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.
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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.
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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.
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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.
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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.
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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.
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ALBERTVILLE CITY COUNCIL
June 21, 1993
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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.
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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.
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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.
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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.
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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.
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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
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