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1993-09-07 CC Minutes Albertville City Hall 7:30 PM . ALBERTVILLE CITY COUNCIL September 7, 1993 PRESENT: Mayor Mike Potter, Counci lmembers John Vetsch, Duane Berning, Sharon Anderson, and Al bert Barthel (7: 40 PM), Ci ty 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 with the following additions: Community Forum: Keith Franklin - request regarding setbacks for a proposed sign Discuss old clinic building to be used as City Hall Bids for Hardwood Ponds 2nd Addition Time clock Office Supplies Legal: Engineering: Administration: Berning made a motion to approve the agenda as amended. Anderson 4It seconded the motion. All voted aye. Berning requested that Change Orders #1-6, 1992-11B Project be removed from the consent agenda. Potter requested that payment of Check #'s 7775 and 7787 be removed from the consent agenda. Anderson made a motion to approve the Follow-Up Sheet from the August 16th meeting. Vetsch seconded the motion. All voted aye. The minutes of the August 16, 1993, meeting were amended on Page 3, Paragraph 5 by adding the following: Barthel seconded the motion. All voted aye. The minutes of the August 16, 1993, meeting were also amended on Page 6, Paragraph 3 to clarify that the Council advised Gary Barthel that he should address his concerns over the deteriorating exterior wood on the old clinic building to Healthspan, the responsible party. Anderson made a motion to approve the minutes of the August 16, 1993, meeting as amended. Vetsch seconded the motion. All voted aye. . Keith Franklin discussed his concerns over the drainage problems at his business with the Council. He has been in contact with the city engineer and is aware that the plans and specs, as well as the request to reimburse the City a proportionate share of . . . ALBERTVILLE CITY COUNCIL September 7, 1993 Page 2 of 6 the expenses after the project is completed, have been submitted to MNDOT for approval. He urged the Counci I to take corrective actions as soon as possibl e. Thore has requested that MNDOT provide the ratio of cost sharing and reimbursement from MNDOT after the project is completed. Franklin questioned if either the state or county could require that Frankfort Township replace the 8" piping Frankfort has installed with a larger pipe to facilitate the drainage. Thore indicated that he wi II contact Frankfort Township regarding the undersized pipe. Franklin also will contact the Township. Franklin also explained that he would like directives on what is considered the front yard for property he is leasing along County Road 19 and 1-94. The only access to the property is from County Road 19. If that side is considered the front yard, the setback for his sign is 35'. He stated that another of his signs is located with the County Road 19 side considered as the front yard. Vetsch made a motion to allow Franklin to locate his sign to be setback 35' from County Road 19 and 20' from I-94. Berning seconded the motion. All voted aye. Ken Lindsay discussed the quote from Dennis Fehn to haul the excess clay from the City Park parking lot to the Westwind park area. Fehn estimates 710 yards of clay will be removed at a cost of $2 per yard. The hourly rate for leveling the clay at new site is $70.00 per hour. The Council directed Linda to notify the Park Board of the prices and let them determine if this is acceptable. Anderson made a motion to accept the quote from Dennis Fehn, contingent upon the Park Board's approval at their next meeting on September 16. Vetsch seconded the motion. All voted aye. Ken explained that he is required to get 16 credit hours of continuing education to renew his Class C wastewater operator's license. His license is renewabl e in a year and a hal f. He requested permission to attend a Stabilization Pond Seminar offered through the MPCA in North Mankato September 14 - 16. Mayor Potter stated he would prefer to send Ken to classes that will pertain more to ultra-violet systems, aerators, and clarifiers, since these items are being added to the current faci I i ty. Anderson agreed with Potter. Ken stated that this seminar covers all of the above items, as well as basic stabilization ponds. The brochure presented to the Council does not state that these other systems will be covered. If he is denied permission to attend this seminar, Ken informed the Council that he will be required to take two classes next year to renew his license. Anderson made a motion to deny Lindsay's request to attend the MPCA Stabilization Pond Seminar September 14 -16. Vetsch seconded the motion. All voted aye. Because of this action, check #7775 and Check #7787 will be voided. . ALBERTVILLE CITY COUNCIL September 7, 1993 Page 3 of 6 The Counci 1 tabl ed discussion on the Temporary Occupancy Permit from Burlington Northern Railroad until the next meeting because the two bids the Ci ty recei ved to perform the di tch reshaping and relocating were not available. Thore presented a letter dated September 7, 1993, outlining the bid tabulations for the Hardwood Ponds 2nd Addition improvements. Annandal e Contracting, Inc. is the apparent low bidder with a base bid of $186,684.60. Thore advised the Council that he has worked with this company in the past and has found them to be a responsible and responsive contractor. Alternate bids were taken for the use of PVC pipe for watermains and also PVC piping for storm sewer under the roadway proper. The deduction from Annandale Contracting, Inc. for the use of PVC for watermain is $6,704.20. Using PVC storm sewer increased the bid amount in each bid. Because the Counci I has al ready authori zed the use of PVC watermain in psyk's 5th Addition, Thore recommends that the contract for the Hardwood Ponds 2nd Addition be awarded to Annandale Contracting, Inc. in the amount of $179,980.40. . Barthel made a motion to adopt RESOLUTION #1993-28 entitled RESOLUTION AWARDING CONTRACT FOR STREET AND UTILITY IMPROVEMENTS 1993-1 IMPROVEMENT PROJECT (HARDWOOD PONDS 2ND ADDITION) awarding the contract for improvements to Annandale Contracting, Inc. in the amount of $179,980.40, subject to a signed Developer's Agreement. Berning seconded the motion. All voted aye. Attorney MIke Couri reviewed the Developer's Agreement for the Parkside development with the Council. The developer, Kent Roessler, has decided to finance the project himself, and the City will not be bonding for this project. Roessler will have firm bids on the cost of his project by Monday, September 13, and the Developer's Agreement will be finalized when the hard numbers are in. The Developer's Agreement will require surety in the amount of 60% of the contract amount and details how and when the surety will be reduced. The Developer's Agreement also requires that the 14.2 acre park I and wi II be deeded to the Ci ty during this phase. Ci ty Engineer Thore Meyer and Park Board Chairman Marvin Vetsch will visit the park site to determine if the park meets all requirements of City ordinances concerning seeding, etc., before the park is deeded. . Berning made a motion to approve the Developer's Agreement for Parkside Addition, subject to all sureties being provided. Barthel seconded the motion. All voted aye. Couri reported on the meeting held this morning with Michael Boo of Healthspan concerning the old clinic building. Healthspan . . . ALBERTVILLE CITY COUNCIL September 7, 1993 Page 4 of 6 proposes to return the building to the City for use as a City Hall for the outstanding debt on the bond ($160,000). Healthspan will furnish $30,000 for renovations. Soft estimates at this time to convert the building into a useable City Hall are $32,160, plus repair of the parking lot. Boo anticipates that renovations could be compl eted in sixty days after pI ans have been designed. The City could look at possession sometime in December. The $160,000 debt would be refunded and the Ci ty would issue new bonds, for which payments would need to be levied. Bob Thistle of Springsted, Inc. has drafted schedules detailing bonding over a period of 10 or 15 years. Vetsch made a moti on to approve the concept of reI easing Rea 1 thspan from its Ii abi lit y for the bond and returning the building to the City's use as a City Hall, subject to contracts being drawn and approved. Barthel seconded the motion. All voted aye. The Council questioned John Weicht regarding westwind Third Addition. Weicht explained that he has sold one of the apartment bui I dings. The Counci I is concerned how this sal e affects the Developer's Agreement already signed by Weicht and the City. Couri explained that the signed Developer's Agreement applies to Weicht and his partnership personally and Weicht and the partnership are responsible for the terms of the agreement until the City releases him from that agreement or until all items in the agreement are completed. Weicht has provided the City with the surety amounts detailed in his agreement. Barthel made a motion to adopt RESOLUTION '1993-29 entitled RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS for the 1993-2 Improvement Project (Westwind Third Addition). Anderson seconded the motion. Barthel, Anderson, Vetsch and Potter voted aye. Berning voted no, stating that he is opposed because the city engineer designed the plans. The motion carried. Attorney Couri left the meetIng at 9:15 PM. Thore reported on the progress of various City projects. The drainage question on the Becker property along 50th street is the only thing remaining to be completed. Thore recommends that the cuI vert under 50th street by Henry Becker t s be restored, storm sewer pipes be install ed along the front side of Ron Becker's property, extending northward along the east side of Becker's property and finally turning east and tying into the existing storm sewer on Lansing Avenue. Thore recommends that the costs be assessed to the benefitting property owners. Thore estimates the cost to install the storm sewer at $15,000-$18,000, incl uding possible tree and fence removal. This option will require an psyk's 5th Addition is ready for curb and gutter installation. . ALBERTVILLE CITY COUNCIL September 7, 1993 Page 5 of 6 easement from Ron B.'."cker. Ron Becker approves this option but doesn't want to be assessed for the costs. The Counci 1 tabl ed discussions on the drainage problem. Thore reviewed the Change Orders #1-6 on the sewer replacement project with the Council. Because the Council requested clarification on Change Orders #3 and #6, approval of the change orders was tabled until the next meeting. Widmer, Inc. has a September 8th deadline for completion of the sewer repl acement project, whi ch wi II not be met. Berning suggested that Widmer, Inc., be contacted and directed to replace the bituminous on the section of Large Avenue and Barthel Industrial Drive as damages for failure to meet the deadline. Thore will talk to the contractor. The expansion of the wastewater treatment facility is still ahead of schedule at present and is progressing well. . Anderson made a motion to approve the Financial Statement for the period August 12 - September 1 as presented. Vetsch seconded the motion. All voted aye. Anderson made a motion to approve payment of Check #'s 7753- 7805, wlth the exceptlon of Check #7775 and Check #7787 which were earlier voided. Vetsch seconded the motion. All voted aye. Anderson made a motion to accept the resignation of Jim Walsh from the Joint Powers Board and to authorize the clerk to send a letter of appreciation to Walsh. Vetsch seconded the motion. All voted aye. Anderson made a motion to approve RESOLUTION #1993-26 entitled RESOLUTION APPROVING PERMIT FOR STATE GAMBLING LICENSE FOR ALBERTVILLE AREA JAYCEES allowing the Jaycees to operate such lawful gambling from Albertville Bar. Vetsch seconded the motion. All voted aye. Anderson made a motion to approve RESOLUTION #1993-27 entitled RESOLUTION APPROVING PERMIT FOR STATE GAMBLING LICENSE FOR ALBERTVILLE AREA JAYCEES allowing the Jaycees to operate such lawful gambling from st. Albert's Parish Center on January 2, 1994. Vetsch seconded the motion. All voted aye. . Councilmember Vetsch asked Linda about the time clock. Anderson explained that she will return the time clock to City Hall later. It is the consensus of the Council that employees will punch the clock if they leave the premise. . ALBERTVILLE CITY COUNCIL September 7, 1993 Page 6 of 6 Barthel seconded the made a motion to adjourn motion. All voted aye. at 11:00 PM. Berning Vetsch requested that Linda order office supplies from a vendor who wi II del i ver the products instead of travel ing to Bizmart to purchase supplies. Linda told the Council that she has been unable to find better pricing on supplies from any other source, but she agreed to order from a company who delivers. Linda was directed to contact the attorney to determine if the ci ty could charge a 1% Administrative Fee to those projects financed by the developer. She wi II report back at the next meeting. Berning made a motion to set the Truth-in-Taxation meeting for December 7, 1993, at 7:00 PM. If a continuation of the Truth-in- Taxation hearing is necessary, the Council will meet on December 13,1993, at 7:00 PfY-l. Ander2011 secorld.ecl tl-le lTIotion" All \!tJted aye. Barthel made a motion ~o set the preliminary levy for taxable year 1994 as follows: . Revenue 88 Bond 89 Bond 90 Bond 92 Bond 93A Bond 325,525 53,000 8,500 15,500 5,000 8,000 Total market val ue based referendum prel iminary I evy wi II be $415,525. Anderson seconded the motion. All voted aye. Anderson made a motion to approve the Fire Protection Contract with the City of Otsego for service to the triangular area south of I-94 for the period October 1, 1993, through December 31, 1993, at a cost of $665.51 and for the period January 1, 1994, through December 31, 1994, at a cost of $2,806.00. Barthel seconded the motion. All voted aye. Linda will send the executed contract to the City of Otsego for their approval. Mlchael Potter, Mayor .