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1993-07-06 CC Minutes . . . ALBERTVILLE CITY COUNCIL July 6, 1993 Albertville City Hall 7:30 PM PRESENT: Councilmembers Duane Berning, John Vetsch, Sharon Anderson and Al bert Barthel, Ci ty Engineer Thore Meyer, Ci ty Attorney Stan Ellingson, City Clerk Linda Houghton Acting Mayor Duane Berning called the regular meeting of the Albertville City Council to order. The agenda was amended under Administration to include the following: (1) Request from the 152 Club for a special use permit to allow live music until 1:00 AM on July 17, 1993 (2) Check #7631 - Albertville Friendly City Days Committee (Donation from Jaycees) (3) Check # 7;5 3 '2 MN state Treasurer (2nd Quarter state Income Tax) (4) Check #7633 - MN state Treasurer (2nd Quarter Building Permit Surcharge) (5) Check #7634 - Radiation Products Design (Used time clock) Barthel made a motion to approve the agenda as amended. Anderson seconded the motion. All voted aye. Councilmember Anderson requested that approval of Check #7616 and Check #7598 be pulled from the consent agenda. The minutes of the June 21, 1993, regular meeting were amended on Page 3, Paragraph 2 and Paragraph 4 by adding the following statement: Extension of the sanitary sewer mains is contingent on MPCA approval. Barthel made a motion to approve the minutes as amended. Anderson seconded the motion. All voted aye. The minutes of the June 21, 1993, publ ic hearing on the vacation of 60th Street were amended to include the following legal description of the portion of 60th Street being vacated: That part of the NW 1/4 of the NE 1/4 of SEction 1, Township 120, Range 24, Wright County, Minnesota, lying southwesterly of the southerly right-of-way line of Wright County Highway Number 37 and between the extension north of the west and east lines of Lot 7, Block I, Plat of Block 1 and Block 2 in the NW 1/4, Section 1, Township 120, Range 24, Wright County, Minnesota, Barthel made a motion to approve the minutes as amended. Anderson seconded the motion. All voted aye. Barthel made a motion to approve the minutes of the June 23, 1993, emergency meeting regarding the wastewater treatment facility. Anderson seconded the motion. All voted aye. Barthel made a motion to approve the minutes of the June 23, . . . ALBERTVILLE CITY COUNCIL July 6, 1993 Page 2 of 6 1993, special meeting. aye. Anderson seconded the motion. All voted The Counci I revi ewed the informati on presented by Carol yn Bauer concerning the potentially dangerous situation on 54 1/2 street created by sump ~7ater being pumped next to the curb. The Counci 1 di rected Linda to send a 1 et ter to LaDonna Eull, the property owner whose sump water is being pumped into the curb, and request that she shorten the length of the piping that carries the water so that it extends only to the easement line. The Council also directed that the maintenance department attempt to clean up the algae growth along the curb. James Thiesen, 5621 Lake Avenue, discussed the drainage water that remains trapped on the back of his lot. According to Thiesen, there are catch basins further down from each side of his property but the water stays trapped in his backyard. The Council asked Thore to revi ew the si te and to determine if the Ci ty has a drainage and utility easement on this lot. Engineer Thore Meyer reviewed the bid tabulations for Psyk's 5th Addition project. The apparent low bidder is Machtemes Contracting with a base bid of $193,908.10. Alternate bids were taken for PVC pipe for the storm sewer portion not under the street and for the water mains. Using PVC storm sewer resul ts in a deduction of $2,624.00. Using PVC water mains resul ts in a deduction of $8,012.60. Thore explained that the City has not used PVC water mains in the past, but PVC storm sewer has been used. Some cities Thore contacted have used PVC water mains and have been satisfied. A lead wire is placed next to the watermains to allow for locating the buried pipe. Thore recommended that the Council award the bid fen..." the Fysk' s 5th ,Adeli tic)).'} project to Machtemes Contracting in the amount of $183,271.50 and allow the use of PVC storm se\.ier and i.iater rnain. Barthel made a motion to award Machtemes Contracting the contract to make the improvements in psyk's 5th Addi tion as recommended by the Ci ty Engineer, contingent upon a compl eted Developer's Agreement. Vetsch seconded the motion. All voted aye. Ron Becker expl ained to the Counci I that since 50th street construction has been underway his field is being washed out from drainage water from 50th street. The water travels over his field and exits through several other lots. City Engineer Thore Meyer has checked the area. He reported that the cuI vert under 50th Street has been removed and that only water from the centerline of the street now drains toward Becker's. The drainage is concentrated now on the west edge of Becker's property through a storm sewer into a rocked area. At Becker's request, the low area along the street was filled in with several feet of dirt when the street was being graded. Thore believes that prior to this area . . . ALBERTVILLE CITY COUNCIL July 6, 1993 Page 3 of 6 being filled in, it served as a sort of detention area for water and allowed the water to move more slowly. The amount of water that drains across Becker's field and out through the other properties has not increased and very probably has decreased since construction on 50th street has begun. Thore suggested that the old field tile be located through probing to determine if it is possible to pipe water from the storm sewer outlet into the field tile. Thore stated that the storm sewer is 12" and the field tile is only 4" or 5" and connecting the two will not eliminate all the water immediately. Thore was directed to proceed in locating the field tile and present the options to the Council at the next meeting. The Council reviewed the Developer's Agreement for Pysk's Fifth Addition. Linda pointed out that in lieu of a letter of credi t for surety, psyks propose to establ ish an account at Security Bank Northwest in the amount of $67,750. The account will require three signatures for withdrawal. Doug Psyk, the city clerk and the mayor will be authorized signatures on the account. psyk will be unable to with:jraw fllnds fl~;)m thi.s ~(~count without one City signature. However, the Ci.ty can withdt-aw ~onies from this account if necessary to cOITlplete the terms of the Developer's Agreement. Barthel made a motion to approve the Surety Agreement as proposed in the amount of $67,750, the surety required for the improvements and escrow items. Anderson seconded the motion. All voted aye. Doug psyk requested that the Counci 1 del ete the words "and wetland" from the first sentence of Page 11 of the Developer's Agreement. Since the agreement is only for the Fifth Addition and there are no wetlands in this addition, Anderson made a motion to approve psyk's request and amend the Developer's Agreement on Page 11 by deleting "and wetlands" from the first sentence and by accep~ing new surety amounts based on the bid awarded earlier in the meeting. Vetsch seconded the motion. All voted aye. Bob Braun asked the Council to reconsider the amount of the Letters of Credit for the Hardwood Ponds 2nd Addition. He feels that a 75% Letter of Credit if the project is assessed over three years or a 100% Letter of Credit if the project is assessed over five years is excessive for an experienced developer in the City of Albertville. Since the Council has established a policy stating that the amount of sureties required is not less than 50% nor over 100% and 18 determined on a case-by-case basis, and Braun Development Incorporated has been prouen to be a good risk with the first Harch.?()()d PC'Dds Addition, '.JeU~ch made a motion to set the surety arru')unt fC)l- Harcl\.lo Ponds See Addi tien at .S09~ if the project IS asses:3t?d ovel- th !?e yea/.- ,~"r 7:,Q;, 1 f t11f? p1-oject 15 assessed over five years Bal~thel se(~on.ded the motion All 'Toted aye~ . . . ALBERTVILLE CITY COUNCIL July 6, 1993 Page 4 of 6 Pursuant to Minnesota statutes 471.705 Subdivision Id, Barthel made a motion to adjourn to a closed meeting at 9:15 PM to consider litigation matters with John-George, Inc. Anderson seconded the motion. All voted aye. Acting Mayor Bel.}li.ng rec'~nvened regular C,ity Counci.l meeting at 9:33 t }}~" f;llrlJic port i OIl of tJ",!e '"'u t"l"'J, Erlg nee!' Mever re~(~ t€d th~t the amendment to the Pa L-J~S i cle Ad.cli t i ori Feas i 1)i. 1 i t Y St 'ud y aclcLi 110 a ;1 ra 'vi ty s ani ta ry sewe r from the proposed lift station site to the southerly boundary of the westwind Park ares increase the estimated cost of the project by $8 ,600. This figure incl udes the engineering fees but not include additional costs for bonding, financing or legal fees. Thore advised the Council that the apparent low bidder for the wastewater treatment facility expansion is Rice Lake Contracting with a base bid of $816,400. Engineer Norm Gartner will review the bids with the Council at a later date. Thore explained that he and Norm Gartner had met earlier in the day with Larry Kosack, otsego's city engineer, to discuss a ditch clean-out agreement for otsego Creek. A preliminary outline is being drafted by the engineers and should be available for the otsego City Council to consider at their Monday, July 12, meeting. The preliminary draft will establish a formula for assessing costs of the clean-out based on the percentages of acreage draining into otsego Creek from each city, including a basis for calculating a percentage of use from the expanded wastewater facility. Based on very preliminary estimates of acreage, Thore estimates that Albertville's percentage of the costs would be around 25% of the cleanout costs. The City of Albertville will not participate in any i.mprovementsi only the di.tch cleano11t The cost of the ditch clearl{)ut is llnkI10tJrl tl~lis }.:>o ,1. 1-1 t TI-le pr-c.:posal ~~ill haile tlAro rnernbers ::.\f ,,",,"; .L -. f' .'- ....-~ : ~ ','"L ;:.~ i.~ ;:.~ [if; {)l r, '7: t:=.: d rr~ee t :3. !-:-~n 13.3,11 Y t Cl r e\} i e~i,-7 ~J,'l :ba t ~-:ec ,;~~:::~2 t-:,~ (~_: ty <' > A 11:'e~ct\Ti 1.1 e \Ari 11 a:J~-eer~l(':.-;t ........ cn.~::-" l~; ~cctin.{J -,'_J/'.J:; t r": t j,'" 1. f the SS11ance of the NPDES permit is withdrawn. ea c1 ean-Otlt \coiL.'';'' -"-,- s t i, [11J I ate t 1-~ ~t t t h otsego's protest of The engineers also discussed the regional sewer study resolution proposed by the City of otsego. According to Otsego's engineer, otsego is requesting that a committee be established to meet once a year only to discuss regional sewer needs. Anderson made a motion to set a special Council meeting for Monday, July 12, 1993, at 6:00 PM to review the preliminary ditch agreement worked out between the engineers. If the Council passes the agreement, the agreement will be faxed to the City of otsego for their action. Barthel seconded the motion. All voted aye. . . . ALBERTVILLE CITY ,]l,IIy 6;- 1991 Pa~}E' 5 "Jf 6 ......,.,-..T""r~~-rt. -r 'T ~~_, ~..i 0-_'1'\1 ~v- .i L Vetsch made a motion to approve the Conditional Use Permit for Gerald Corbin allowing him a second driveway access on 50th street, as recommended by the Planning Commission on June 29, 1993. Barthel seconded the motion. All voted aye. Vetsch made a motion to approve the site plan for Security Bank Northwest contingent upon the following: (1) The true property lines of the site will be determined and the curb located five feet from the property lines on all sides, (2) A catch basin is install ed inside the curb wi th an underground piping system connected to the storm sewer, (3) The curb is extended to include the radius on the vacated portion of 60th Street Anderson seconded the motion. All voted aye. Barthel made a motion to approve the Financial Statement for June 17 - June 28 as presented. Anderson seconded the motion. All voted aye. BarttJel rti () t_ -1 f\ -:-, . . -, --- ~-..- ',,- ..,,-, ).nacl~ " tr:) a [;[; .'"' ".__ _1 .-i ."1 <OJ i.J e-- r ~~:':_ }:' ~~ri po :'11+ () f n ~ C:J": k # 1.s 7590- 7!S97 Cl-!eck~ 1t!s C,l r:: 7 F. ~_""'7 ~n..__ :Ct c1 ~? _t~ :3 ,-1 ~ h;<;:. A 1 '1 ~; .i- _ .. w _ < ;tter clar tjr'at +- -:- 1- ;:;:. "!::._nd~T_q,nn ,.. _.~ __ -.._'. _" n.. __ _~ __ ,~- ~~ ~I ._ ~;!::j !_te ""1 n ~r;-: ::t rnCtt]. orl seconded t r\ arjI"}J'(~'.'./e l)a-::lf()e:n t of (::'_bec'l-:: # '7 ~', (~8 ;:-heck # 7 6 J. E, ~ 1,7 e t s c h the motion~ All voted aye. Linda was directed to prepare a monthly camp hours report for each employee. The Council reviewed the lease agreement with Security Bank Northwest for City owned property adjoining the bank' property. Anderson made a motion to amend the lease agreement from a 99-year lease to a 30-year lease. Vetsch seconded the motion. Anderson, Vetsch and Berning voted aye. Barthel voted no. The motion to approve an amended lease carried. Barthel made a motion to approve the Wright County Funding Agreement for reconstruction of Main Avenue. Anderson seconded the motion. All voted aye. Anderson made a motion to appoint Councilmember Barthel and Mayor Potter to a committee to meet with representatives of the City of otsego to :"cork out a di tch 8.9reement for otsego Creek clearl-c~ut. ~le,tsc}-! is a:p:pointed t:he alterrtate tc tr-l<? cornrnittee~ Vetsch see ~d tl"e rnotion~ AJl voted aye. ,. r ., .l... _ _ V 1:::' ,_ ;:~ :_ ",:'ut t b'." ~~ 1-. ,J:.. i'-' "'_"" _ rn(,) r: "'!. or, ;'_ ,~. '"'"' _'''' d"'-. '-,,-, ,~- c <:t _:... '~: i.L!. ~'~~ ~' 1:' ''''' ; f-:;.":;.'^t ;;;':"'1-.,;::;:,;-; ~.> _,. '.o'~,'~ ~.__' _._ ':'~ ';-', ~~;' ~-7, ~~. .? -- t~ '.~~ ]' () .",,,, P r", \".7 ,~;:. 1- ..... ,.,' , -. ... . . . ALBERTVILLE CITY COUNCIL July 6, 1993 Page 6 of 6 Board. Barthel seconded the motion. All voted aye. Barthel made a motion to grant MNDOT a permit to construct and cooperatively maintain and operate a public park and ride site at the corner of County Roads 19 and 37. Anderson seconded the motion. All voted aye. ,f v.Je~~.t.. :,)f SC~lG(-il Str::-::.et De\Teloprnent requE<3tecl t11at tl"}i2 C01:l-1CiI autI-lcrize tI1~. h lclirlg irlSp'e(:-t I ~"S':.:t."le fc:,o: s a.nd :f: ()l1Tld ~:lr:.1 on rr1];3 t ;:.,.-1 +: 1'-12 +- 'h ~~ r!-",";, , -- - ~~. - -- -. "f l:." v. '_~, t. _ r .!. ,_ a ['3. r t rc;~~ I) t. t}}at ~' ~ vJ !--;-.. ~ ;-: h t ~ ~"'~ 1-, ~'::.l ~ 'i'~; , '-- --~ ..... - '.' .,,-- ,,_.'- ,. ,. ".,"" ',-" .... .~-- ..; 1 ,~1 "(\ ,-'; _c:_ -- ".. --"-- ,--- ,,-- ..,', '~.- (~ }:; j, /1 i D._ 'J .~: ~"3, 1- t '2 (1 t c'.] a .~) f-{ .; i_ d 1. ();3 .i. l.'! .-;; :te i:;f the H;:.. _~_ ris tllat tJ8 may not d.:b 1 I:-' t ;:~ ;~L; c E.,~ "; ;~, t c':_" t rL ,= S e~~l t=~ l~' S ":l-S t. errt i f t wa3t~water faci.li y (;annot be constructed as scheduled and he is willing to take th2t risk. The Council agreed to authorize the issuance of a footings and foundation permit with the stipulation that in issuing this permit, the City does not guarantee that the building will have sewer accessibility. Barthel made a motion to approve a special use permit for the 152 club to have outdoor live music until 1:00 AM on July 17th. Anderson seconded the motion. All voted aye. Anderson reported that the Park Board requests a City map and a schedul e of uses. They have al so requested that the Ci ty purchase a copy of the Bikeway Design Manual from MNDOT. Barthel made a seconded the motion. motion to adjourn All voted aye. at 11:17 PM. Anderson iJ \,~~ ~,~)--~ T)u~ar:;::- Be :CT1 1.111;! j F> ':.: t i rl\i Ivla}" D t- ~""")'.~"" . . ..... i' ../ !.. . ~Wn l ~ "" T:, -'~, ,~1 ~ 1-1' ~ ~ .-t 1.-, ;~ ,-\ "...., ,--:4 .c:-" .,.-1,~ ;...; - "-,.:. "-- '."", ..:- .'. ,....- ':;J.' .~.l "._ c.,_,'.....:. '.L..- ".. ,...... ,J.. ,,~.