1993-09-20 CC Minutes
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ALBERTVILLE CITY COUNCIL
September 20, 1993
Albertville City Hall
7:30 PM
PRESENT: Mayor Mike Pot ter, Counci lmembers John Vetsch, Duane
Berning, Sharon Anderson, and Al bert Barthel, Ci ty Cl erk Linda
Houghton, City Engineers Thore Meyer and Norm Gartner, City
Attorney Mike Couri
Berning made a moti on
Barthel seconded the motion.
to approve the
All voted aye.
agenda as
amended.
Mayor Pot tel- call ed the regul ar meeting of the Albertvi II e
City Council to order.
The agenda was amended under Engineering to include a
discussion of the Application for Driveway Access for the Parkside
Addition.
Counci lmember Berning requested that Change Orders #1-6, 1992-
lIB and the Close Old Park & Ride items be removed from the Consent
Agenda.
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Barthel made a motion to approve the Follow-Up Sheet from the
September 7, 1993, meeting as presented. Anderson seconded the
motion. All voted aye.
Barthel made a motion to approve the minutes of the September
7, 1993, regul ar meeting as presented. Anderson seconded the
motion. All voted aye.
Barthel made a motion to approve the minutes of the September
7, 1993, public hearing on Ordinance #199-12 as presented.
Anderson seconded the motion. All voted aye.
Barthel made a motion to approve the minutes of the September
7, 1993, public hearing on Ordinance #199-13 as presented.
Anderson seconded the motion. All voted aye.
Bob Braun requested that building permits in the Hardwood
Ponds Second Addition be issued before the bituminous surface is
installed. Thore explained that the contractor for the project is
requested to complete the first lift of blacktop before winter;
however, if weather conditions are not optimal, the first lift of
blacktop may not be completed before June of next year. The City's
policy has been to allow building permits to be issued after the
curb, gutter and gravel base are in place.
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Don Anderson, representing Kenco' s Parkside Addi tion, al so
appealed to the Council to issue building permits before curb and
gutter are in place. He explained that the Westwind 2nd Addition
is completely filled and Kenco would like to begin construction of
Vetsch made a motion to allow building permits to be issued
in new developments after curb, gutter and gravel base are in
place. Anderson seconded the motion. All voted aye.
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ALBERTVILLE CITY COUNCIL
September 20, 1993
Page 2 of 7
model homes on the lots adjoining Westwind 2nd Addition.
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Henry Becker addressed the Counci I concerning the blocked
cuI vert under 50th street by his property. The water is now
traveling over his driveway toward the area where his septic system
is located. The catch basin shown on the original plan was not
installed and he questioned why that had been deleted. Thore
explained that the natural drainage of the water is to the
northeast and the catch basin was deleted because property owners
on the south side of 50th street did not want additional water
going into the pond behind their properties. The plan was revised
to place a catch basin on the north side of the street on Ron
Becker's property. Becker stated that had he known that the catch
basin would not be installed on his property, he would not have
signed the easement. Thore reiterated the natural drainage way has
not been changed and the water now goes in the same direction as
it has always traveled. Additionally, the drainage area is still
exactly the same as it was before the street was improved.
Henry Becker requested that the culvert under 50th street be
reopened immediately and the Council decide which option to pursue
on Ron Becker's property.
Thore presented another proposal to eliminate the drainage
probl em on the Ron Becker property. This proposal provides for 15"
storm sewer pipe to be install ed on the south border of the
property that drains into a 6' wide X l' deep grassy swale along
the east border of Becker's property and drains onto 51st street.
Ron Becker has told Thore that the dirt removed in creating the
swale could be put into the washout on his field. To pursue this
option, a fence wi II have to be moved that is now located on
several of the back lots in Barthel Manor Second Addition. Three
trees would have to be removed and an easement must be granted by
Ron Becker.
The Council expressed concern over the water from the drainage
swale emptying onto 51st Street. Thore will revise this proposal
to include a catch basin at the end of the swale and storm sewer
piping along Lots 1 and 2, Block I, Barthel Manor Second Addition
to the catch basin now located at the intersection of 51st Street
and Lansing Avenue.
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Subject to Ron Becker granting a permanent five foot easement
along the east side of his property and an additional 10' temporary
construction easement, Anderson made a motion to open the 15"
culvert under 50th street NE, install a 15" storm sewer from the
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ALBERTVILLE CITY COUNCIL
September 20, 1993
Page 3 of 7
west corner of the Ron Becker property to the eastern property
line, construct a 6' X l' grassy swale to the northern edge of the
property, install a catch basin there wi th storm sewer pipe
extending from that point to the existing catch basin on the
intersection of 51st street and Lansing Avenue. Total cost of the
improvement wi II not exceed the $13,000 deduct amount from the
change from the original plans. Vetsch seconded the motion. All
vat ed aYE~"
Barthel mace a motion to aaJou~n to a closed session at 8:45
PM to discuss the Westwind Commercial assessment appeal. Anderson
seconded the motion. All voted aye.
Mayor Potter reconvened the regul ar meeting of the Ci ty
Council at 8:53 PM.
Couri repOl: ted
purchase of the old
that he ,.,.;i I} pI:esen t
clinic building at the
the
contract
.;.'
mee...lng.
for
",",1-._
LJ!.~
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Attorney Couri explained that he has received copies of the
proposed letters of credit for the Parkside Addition. Because this
is a developer-financed project, these letters of credit are not
the typical format. The letter of credi t covering the costs of
improvements is reduced correspondently with payments to the
contractor as the project is completed. The second letter of
credit in the amount of $29,400 insures compliance with the on and
off site improvements, as well as any other items in the
Developer's Agreement and is not reduced until the Council acts
upon it. Couri recommended accepting the letters of credi t as
proposed.
Barthel made a motion to accept the two letters of credit for
the Parkside Addition as proposed. Mayor Potter and the clerk will
review the documents prior to signing the Developer's Agreement.
Vetsch seconded the motion. All voted aye.
-. .~ 'i"~ +-
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The Couuci 1 rev:i et,.ied the pre:: I lminary pI at for the Parks ide 2nd
Addition. The Planning .~ Zoning Commission has recommended
approval of the plat with conditions detailed in the minutes of the
September 14, 1993, meeting. The Council also reviewed the PUD
speci fications as approved at the August 5, 1991, meeting. This
agreement does not set the standards for front lot widths; however,
it allows a 25' front yard setback. City Ordinance requires a 90'
front lot line on all residential lots. There are also some lots
that do not meet the ordinance in square footage.
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Couri explained
homeowners association
covenants be required
enforce all deviations
that the Council could require that a
is required, but he recommends restrictive
instead because the City has authority to
from the covenant standards.
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ALBERTVILLE CITY COUNCIL
September 20, 1993
Page 4 of 7
Anderson made a motion that Mayor Potter and one member of the
Planning Commission meet with Kent Roessler to discuss the concerns
the Counci I has regarding the prel iminary pI at of Parkside 2nd
Addition. These concerns are lot sizes, lot widths, front setbacks
and garage sizing. Barthel seconded the motion. All voted aye.
Barthel made a motion to adopt ORDINANCE 1993-10 entitled AN
ORDINANCE AMENDING SECTION 1200.4 OF THE ALBERTVILLE ZONING
REGULATIONS (1988-12) RELATING TO OFF-STREET PARKING REQUIREMENTS
IN CASES OF BUILDING EXPANSION AND SPECIAL DRAINAGE NEEDS as
recommended by the Planning Commission at the September 14, 1993,
meeting. Anderson seconded the motion. All voted aye.
Barthel made a motion to adopt ORDINANCE 1993-11 entitled AN
ORDINANCE AMENDING SECTION 1000.6 OF THE ALBERTVILLE ZONING
REGULATIONS (1988-12) REGARDING OUTSIDE STORAGE AREAS ASSOCIATED
WITH NON-RESIDENTIAL PROPERTIES as recommended by the PI anning
Commission at the September 14, 1993, meeting. Anderson seconded
the motion. All voted aye.
Ci ty Engineer Thore Meyer reviewed the Feasibi I i ty Study dated
September 10, 1993, for the I-94 watermain crossing and the
extension of sanitary sewer north of the freeway. Thore explained
that the watermain casing was opened at each end and elevation and
alignment shots were taken at intervals of every 6'-8' through the
260 feet casing length.. He showed the Council an oversized
drawing of the casing which appears to indicate that a 10" ductile
or PVC watermain may be possibl e, however questionabl e. An 8"
ductile or PVC pipe would probably be the maximum size that could
be easily installed. Thore added that the AWWA and the Minnesota
Health Department have recently approved the use of a polyethylene
water pipe. This pipe is fusion jointed and is relatively
flexible. Thore believes that a 14" polyethylene watermain could
be threaded through the existing casing. However, the Joint Powers
Board has not approved the use of polyethylene watermains at this
point. Polyethylene piping is somewhat more expensive that PVC.
Mayor Potter will discuss approval of polyethylene pipe at the next
Joint POwers Board meeting.
Linda was directed to contact Philip Morris and other property
owners north of the freeway in regards to the Feasibility study to
bring water availability to those properties.
Anderson made a motion to proceed with the ditch cleanout by
the Savitski property as proposed at the previous Council meeting,
approve the Temporary Occupancy Permit with Burlington Northern
Railroad (Check #7835 in the amount of $250.00), and award the bid
for the ditch cleanout to Fehn Gravel and Excavating in the amount
of $3,800.00. Vetsch seconded the motion. All voted aye.
Barthel made a motion to approve the 3.2 Liquor License for
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ALBERTVILLE CITY COUNCIL
September 20, 1993
Page 5 of 7
Thore was directed to check who did the engineering on the
Large Avenue blacktopping project that covered a storm sewer
manhole. If Meyer-Rohlin was the engineer on the project, Meyer-
Rohlin will pay for uncovering the manhole. Berning made a motion
to approve Change Orders #1-#6 for the 1993-11B Improvement Project
(sewer replacement). Barthel seconded the motion. All voted aye.
Norm Gartner reported that Widmer, Inc, has requested that the
sod work on 60th street and Large Avenue be completed after the
second lift of blacktop is laid to allow the blacktopper to better
match the grades. These areas do not have curb and gutter. Other
areas with curb and gutter will be seeded this year. The Council
concurred with the request and directed Linda to notify the
affected property owners of the delay.
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Gartner explained that the Wright County Engineer has approved
an access for both the Parkside and Hardwood Ponds 2nd Additions
conditioned upon the installation of a paved shoulder. Gartner
reported that Dave Montebello had explained to him that the paved
shoulder was required for maintenance purposes. Gartner does not
feel that the City nor a developer should be required to pave the
County's houlders for maintenance purposes. He asked the Council
for directives. The Council's consensus is to have Gartner
negotiate with the Wright County Engineer to see if the permit can
be changed.
Linda wa directed to send a letter to Wright County
Commissioner Judy Rose asking that the County appeal to have the
speed limits on County Road 35 by the high school and on County
Road 37 by the Westwind additions reduced.
Gartner reported that the expanSlon of the wastewater
treatment plant is still ahead of schedule. Most of the reinforced
concrete has been poured and most of the piping has already been
installed.
Barthel made a motion to schedule a work meeting to discuss
the assessments for the improvements to 50th street NE for 7:00 PM
on September 28, 1993. Anderson seconded the motion. All voted
aye.
Barthel made motion to approve the Financial Statement for the
period September 2 - September 15 as presented. Anderson seconded
the motion. All voted aye.
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Barthel made a motion to approve payment of Check #7811 -
#7834 as presented. Anderson seconded the motion. All voted aye.
Barthel made a motion to approve Zimmer's Brothers
lease the property located next to the wastewater
facility under the terms established for the 1993 lease.
seconded the motion. All voted aye.
request to
treatment
Anderson
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ALBERTVILLE CITY COUNCIL
September 20, 1993
Page 6 of 7
the Albertville Lionesses from 5:00 PM to midnight on October 22,
1993. Anderson seconded the motion. All voted aye.
Barthel made a motion to approve Mayor Potter's attendance at
the Minnesota Mayors' Association Conference on October 15th and
16th in Rochester. Anderson seconded the motion. All voted aye.
The Council discussed Richard Bistodeau's complaint regarding
contractor's work hours, noise, etc. The city engineer was
directed to incorporate specific work hours in the specifications
on all future projects. Linda was asked to procure a copy of a
model nuisance ordinance for the Council to consider.
The Fire Building Committee will conduct a meeting October 5,
1993, at 7:00 PM at City Hall. Linda will notify all committee
members.
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Barthel made a motion to close the old Park & Ride lot
effective October 1 and to have the maintenance department set up
barriers on that date. Linda will prepare notices to place on the
cars in the lot notifying them that the new Park & Ride lot has
been completed. Anderson seconded the motion. All voted aye.
The Council set a meeting with the park maintenance employee
to be conducted on September 28, 1993, at 7:00 PM. The meeting
will be closed to the public if requested by the employee.
The Council asked Linda to contact NSP to see if an additional
light can be installed on the light pole next to County Roads #19
and #37 to add more light to the new Park & Ride area.
Linda informed the Counci I of
Councilmembers to be held October 19
will attend the meeting, along with
can attend.
a Property Tax Seminar for
in st. Cloud. Mayor Potter
any other Councilmember who
Councilmember Anderson requested that a Procedures Book for
the administrative personnel be started. She requested a
completion date of three months.
Berning made a motion to set a budget meeting for October 6,
1993, at 7:00 PM. The Council will not consider wages at this
4It meeting. Barthel seconded the motion. All voted aye.
Barthel made a motion to adjourn at II: 10 PM.
seconded the motion. All voted aye.
Anderson
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ALBERTVILLE CITY COUNCIL
September 20, 1993
Page 7 of 7
Wright County Commissioner Judy Rose briefly explained the
Economic Development Partnership that has been established. This
is both a private and public sector project. The next meeting is
scheduled for September 28 at 2:00 PM at Rockford.
Michael Potter, Mayor
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