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1993-10-18 CC Minutes Special . . . ALBERTVILLE CITY COUNCIL October 18, 1993 Albertville City Hall 7:30 PM PRESENT: Mayor Mike Potter, Councilmembers John Vetsch, Duane Berning, Sharon Anderson and Albert Barthel, Ci ty Cl erk Linda Houghton, City Engineers Ron Guerts and Norm Gartner, City Attorney Mike Couri Mayor Potter called the regular meeting of the Albertville City Council to order. The agenda was amended under Engineering by adding the addition the letter received from Bridget and David Falbo concerning their concerns over the 50th Street construction. Berning made a motion to approve the agenda as amended. Barthel seconded the motion. All voted aye. Barthel made a motion to approve the follow-up sheet from the October 4, 1993, meeting as presented. Anderson seconded the motion. All voted aye. Barthel made a motion to approve the minutes of the October 4, 1993, meeting as presented. Anderson seconded the motion. All voted aye. Bob Heuring did not attend the meeting to discuss collection of grass clippings. Bob Braun requested that the Council consider a reduction in his letter of credit for the Hardwood Ponds 2nd Addition at such a time when 50% of the assessments have been paid. According to his developer's agreement, the surety will be reduced when 75% of the assessments have been paid. Linda reported that she had contacted the city attorney for his opinion and Couri indicated that the Council could lower the amount of the letter of credit upon petition of the developer when 50% of the assessments have been paid. Vetsch made a motion stating that the Counci 1 wi 11 agree to lower the letter of credit for the Hardwood Ponds 2nd Addition upon petition of the developer when 50% of the assessments have been paid. Barthel seconded the motion. All voted aye. Lion members Donatus Vetsch, Marvin Vetsch, and Ken Tiernan requested permission to withdraw $12,000 from the Lions certificate of deposi t for various pro jects and to have Linda reinvest the balance of the funds. Barthel made a motion to approve the request. Anderson seconded the motion. All voted aye. Gal en Kal ina, representing the Camp Courage Wagon Train, explained that this year the annual wagon train will be leaving from Elk River on Friday, June 17, and would like to travel through Albertville on County Road 19 by the freeway. The wagon train . ALBERTVILLE CITY COUNCIL October 18, 1993 Page 2 of 5 would like a tanker truck to bring water for the horses to the site. Fire Chief Dave Vetsch was in attendance at the meeting and indicated there should be no problem with that request. Linda was directed to contact the city attorney to determine if the City needs any proof of insurance, etc., from Camp Courage. Barthel made a motion to appoint Howard Larson, representing the Planning & Zoning Commission, to the Otsego Creek Commission. Anderson seconded the motion. All voted aye. Ci ty Engineer Norm Gartner was unaware of the si tuation described by the Falbos in their letter and will speak will Thore and report to the next Council meeting. . Norm presented a letter dated October 14, 1993, from Annandale Contracting requesting a thirty day time extension on completion of Hardwood Ponds 2nd Addition improvements. The request results from the fact that the contract for the improvements was delayed because the City had not received the required sureties from the developer. In addition the contractor is requesting approval of an additional $.43 per foot increase in curb and gutter due to the fact that additional time and work are spent installing curb and gutter after November 1. Anderson made a motion to approve a 30- day time extension for completion of improvements in the Hardwood Ponds 2nd Addition and to approve an additional $.43 per lineal foot cost for curb and gutter if installed after November 1 (2,630 feet for an additional cost of $1,130.90). Barthel seconded the motion. All voted aye. Norm updated the Council on various City projects. Norm was directed to have the on-site inspector doublecheck compaction in the Parkside Addition where curb and gutter will be installed. Norm reviewed Change Order #1 on the wastewater treatment facility expansion project (1992-11A). The change order is necessary because the specs for the project were written with a wall-mounted el ectricaI panel for the ul tra-viol et disinfection system. Since there is no wall for the panel to be placed on, change order #1 details a pedestal mounted pane with a hood. Change Order #1 adds $1,837 to the project cost. Barthel made a motion to approve Change Order #1 for Improvement Project 1993- 11A in the add amount of $1,837. Anderson seconded the motion. Barthel and Anderson voted aye. Berning and Vetsch voted no. Mayor Potter cast his vote affirmatively. The motion carried. Norm also briefly explained three other potential change . orders that may arise as follows: (1) Relocate electric line to where existing pole is (approximately $3,000 add) (2) Change heaters in building from electric to . ALBERTVILLE CITY COUNCIL October 18/ 1993 Page 3 of 5 . . gas to conform with the other portion of the building (approximately $9,920 add) (3) MPCA will require the addition of a gate valve on the outlet from Cell #3 into the lake (approximately $1,500 add) Some sort of weir may also be required in the effluent meter sampler and, if necessary, a change order will be required. The consensus of the Council is that the old storage garage located at the wastewater treatment facility will remain where it is and a retaining wall costing approximately $820 will be install ed. Attorney Mike Couri reviewed the revised contract with Heal thspan on the cl inic bui lding. Since al terations have again been made to the renovation plan and those costs are not available at this time, the Council tabled further discussion. Attorney Couri reported that Ralph Ackerman has not complied wi th the Ci ty' s septic system ordinance wi thin the time 1 imi ts allowed. The Council now has only two options regarding the failed septic system: to enforce the ordinance or to choose not to enforce its ordinance. To enforce the ordinance requi res going to the court system and asking a judge to order that Ackerman fix his septic system or cease use of the system. Couri cannot guarantee or predict how the judge will order. He also indicated that the legal costs for taking Ackerman to court could run up to $3,000. There is only a small difference in legal costs if the City decides to pursue the kennel violation against Ackerman at the same time. The judge will determine whether the City's legal fees wi 11 be reimbursed. Anderson made a motion authorizing the city attorney to pursue enforcement of the septic system ordinance against Ralph Ackerman and at the same time enforce the ordinance violation concerning his kennel operation. Vetsch seconded the motion. All voted aye. Couri has checked into the portion of Barthel Industrial Drive that has been closed off. The Ci ty may ei ther contact all emergency agencies that the road is closed or reopen the street and maintain it as any other gravel street. The Counci 1 agreed to reopen the street and directed Linda to contact Dennis Fehn to remove the "Private Drive" sign he has installed and to remove his vehicles from the street. Couri is continuing to check Disabilities Act and how it applies building upon its change of use. on the Americans to the current Ci ty with Hall Barthel made a motion to approve the Financial statement for the period September 30 October 13 as presented. Anderson . . . ALBERTVILLE CITY COUNCIL October 18, 1993 Page 4 of 5 seconded the motion. All voted aye. Barthel made a motion to approve payment of Check #'s 7890- 7918 as presented. Anderson seconded the motion. All voted aye. Bob Thistle of Springsted, Inc. presented his recommendations for the sale of two new bond issues--the refunding bond to purchase the cl inic bui lding and the improvement bond for financing the improvements at Hardwood Ponds 2nd Addition. Barthel made a motion to adopt RESOLUTION '1993-33 entitled DECLARING THE OFFICIAL INTENT OF THE CITY OF ALBERTVILLE TO REIMBURSE CERTAIN EXPENDITURES FROM THE PROCEEDS OF BONDS TO BE ISSUED BY THE CITY. Anderson seconded the motion. All voted aye. Anderson made a motion to adopt RESOLUTION #1993-34 entitled RESOLUTION PROVIDING FOR THE ISSUANCE AND SALE OF $175,000 GENERAL OBLIGATION REFUNDING BONDS, SERIES 1993C. Barthel seconded the motion. All voted aye. Barthel made a motion to adopt RESOLUTION '1993-35 entitled RESOLUTION PROVIDING FOR THE ISSUANCE AND SALE OF $245,000 GENERAL OBLIGATION BONDS, SERIES 1993B. Vetsch seconded the motion. All voted aye. Anderson made a motion to adopt ORDINANCE #1993-14 entitled AN ORDINANCE ESTABLISHING THE ANNUAL BUDGET CALENDAR TO BE USED AS PART OF THE BUDGET PROCESS. Berning seconded the motion. All voted aye. Berning made a motion to adopt ORDINANCE #1993-15 entitled AN ORDINANCE ESTABLISHING A FORMAL ORGANIZATIONAL CHART. Barthel seconded the motion. All voted aye. The members of the Otsego Creek Commission wi II meet on October 20, 1993, at 7:00 PM at the otsego City Hall. The Council agreed to have lighting installed at the new Park & Ride site. Linda will contact NSP to find out what costs will be. Anderson made a motion directing Linda to get prices for the installation of two street lights at the Park & Ride site for Mayor Potter's and Councilman Vetsch's approval with a not-to-exceed cost of $10,000. Barthel seconded the motion. All voted aye. Linda will contact Kevin Mealhouse, the City's civil defense director, and the Wright County Civil Defense Director to discuss working on a civil defense siren for the City. Vetsch made a motion to schedule a public hearing to amend the budget for TIF District #5 for December 13, 1993, at 7:00 PM, or . ALBERTVILLE CITY COUNCIL October 18, 1993 Page 5 of 5 immediately following Taxation if necessary. the continuation hearing for Truth-in- Barthel seconded the motion. All voted aye. Barthel made a motion to adopt RESOLUTION #1993-96 entitled RESOLUTION ON UNFUNDED MANDATES. Anderson seconded the motion. All voted aye. Anderson made a motion to schedule a budget meeting, including wage discussions, for 7:00 PM on Wednesday, November 3. Berning seconded the motion. All voted aye. Vetsch made a motion to adjourn at 9:55 PM. Anderson seconded the motion. All voted aye. Michael Potter, Mayor . .