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1993-09-20 CC Minutes . 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. . 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. . 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. . ALBERTVILLE CITY COUNCIL September 20, 1993 Page 2 of 7 model homes on the lots adjoining Westwind 2nd Addition. . 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. . 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 . 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!.~ . 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"~ +- .L! ~-." J'", '-- 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. . 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. . . . 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 . 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. . 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. . 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 . 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. . 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 . 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 r /lfnJ . .