1993-11-01 CC Minutes
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ALBERTVILLE CITY COUNCIL
November 1, 1993
Albertville City Hall
7:30 PM
PRESENT: Mayor Mike Potter, Councilmembers John Vetsch, Duane
Berning, Sharon Anderson and Al bert Barthel, Ci ty Cl erk Linda
Houghton, City Engineers Thore Meyer, Ron Guerts, and Norm Gartner,
City Attorney Mike Couri
Mayor Potter called the regular meeting of the Albertville
City Council to order.
Councilmember Vetsch requested that 50th Street concerns be
addressed under Engineering. Berning made a motion to approve the
agenda as presented. Barthel seconded the motion. All voted aye.
Councilmember Berning requested that Linda draft an ordinance
prohibiting the issuance of building permits before curb, gutter
and Class 5 gravel has been installed for the Council to consider
at the next meeting.
Barthel made a motion to approve the Follow-Up sheet from the
October 18, 1993, meeting. Vetsch seconded the motion. All voted
aye.
Barthel made a motion to approve the minutes of the October
13, 1993, joint meeting with the Park Board. Vetsch seconded the
motion. All voted aye.
Barthel ma.clea motion to approve the minutes of the October
18, 1993, speciai meeting concerning HRA's. Vetsch seconded the
motion. All voted aye.
Barthel made a motion to approve the minutes of the October
18, 1993, regul ar Ci ty Counci 1 meeting. Vetsch seconded the
motion. All voted aye.
Karen Corwin requested the City consider approval of the sale
of alcoholic beverages at KD's Family Restaurant on Sundays at
11: 00 AM vs. the current time of 12: 00 noon. Anderson made a
motion to set a public hearing to consider Corwin's request for
7:00 PM on Tuesday, November 23, 1993. Corwin agreed to pay the
all Ci ty costs for the publ ic hearing. Barthel seconded the
motion. AIl,yoted aye.
Dennis Fehn addresses the Counci 1 wi th his concerns that
Barthel Industrial Dri ve wi 11 be opened as a gravel street. He
stated there is a safety question with the misalignment of MacIver
Avenue NE and Barthel Industrial Dri ve. He bel ieves that truck
traffic from Barthel Industrial Drive will not have enough room to
make the turn onto MacIver Avenue. Dust control will also be an
issue for Fehns. Ken Lindsay suggested that crushed bituminous
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ALBERTVILLE CITY COUNCIL
November 1, 1993
Page 2 of 5
could be used rather that Class 5 to help with the dust issue.
Mayor Pot ter stated that it is his intention to reopen Barthel
Industrial Drive and pave it at the same time. The costs of the
improvements could be assessed partially to the lots in Barthel
Industrial Park. The Council's consensus is that the portion of
Barthel Industrial Drive now closed will remain closed through this
winter. Linda was directed to notify emergency operations that the
street is closed.
Doug Psyk requested the Council reduce his Letter of Credit
for improvements for psyk's 5th Addition. The developer's
agreement for Pysk's 5th Addition was based on the assumption that
the project would be constructed under the 429 assessment statutes.
Psyk has since decided to pay for the improvements himself and has
reimbursed the Ci ty for all costs as they have been presented.
Attorney Couri has been consulted and indicated to Linda that he
could not see a risk to the City in reducing the amount of the
Letter of Credit. City Engineer Thore Meyer will determine the
cost of the improvements remaining and the Council will consider
the reduction in the Letter of Credit at the next Council meeting.
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Ken Lindsay discussed snow plowing with the Council. Since
Mike is required to spend a minimum of two hours a day in the
parks, Ken is unsure whether there wi 11 be adequate time to
compl ete the snowplowing during an eight-hour day. The Counci 1
stated that if it takes more than eight hours to plow snow, the
maintenance department should complete the job and take the extra
time spent off the next day.
Ken was also directed to put together a list of potential
part-time employees to call upon in situations where additional
help is required.
City Engineer Thore Meyer pointed out a safety concern with
the alignment of the County Road 19 and County Road 37
intersection. School buses are unable to make a complete turn from
County Road 37 onto County Road 19 because of the railroad crossing
stop required. Linda was directed to draft a letter to Wayne
Fingalson, Wright County Engineer, to request that this area be
placed on the County's Five Year Plan.
Thore stated that the drainage concerns from Falbo's may be
a 1 egi timate concern, and he wi 11 keep an eye on the drainage
situation from the outlet of the storm sewer in this area.
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Vetsch questioned why a guard rai 1 was not install ed by
Fal bo' s property. Thore stated that a guard rai 1 was ini tiall y
included in the Feasibility Study was not included in the plans
and specs because it was not necessary.
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ALBERTVILLE CITY COUNCIL
November 1, 1993
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The Joint Powers Board also have some concerns with a fire
hydrant along 50th street. Thore was directed to send a letter to
Joint Powers explaining how the hydrants were raised.
City Engineer Norm Gartner reported that all contractors in
the city are having a very difficult time meeting the density
requirements because of the excess moisture in the soil. The
contractors are getting the best density possible, somewhere in the
95% area. The City specs calls for a 98% density test.
Consequently the first lift of blacktop will probably not be
installed until next spring. Norm stated there should be no voids
because the soi 1 is wet, but set t 1 ements may occur. He wi 11
determine if a geotextile fabric is necessary beneath the gravel
base.
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Attorney Couri presented the agreement to release Healthspan
from its clinic lease. The agreement calls for Healthspan to
provide $30,000 for the costs of renovating the building. Of that
amount a bid for $28,762 for interior renovations has been received
from Timco. Healthspan will place the balance of the $30,000 not
needed for interior renovations in a capital projects account for
the Ci ty to use in the parking area. Berning made a motion to
approve the Agreement to Terminate Lease as presented. Anderson
seconded the motion. All voted aye.
The Developer's Agreement for the Parkside 2nd Addition was
presented. Since all uti 1 i ty and street improvements in this
addition were included with the Parkside 1st Addition, there is no
need for a Letter of Credit for those improvements. A Letter of
Credi t must be provided, however, for boul evard improvements, total
costs estimated at $17,280. Anderson made a motion to approve the
Developer's Agreement for Parkside 2nd Addition with the Letter of
Credit established at 60% of the estimated boulevard improvements
costs. Barthel seconded the motion. All voted aye.
Barthel made a motion to grant final plat approval to Parkside
2nd Addition, subject to the following:
(1) The developer enters into a Developer's Agreement with
the City.
(2) Payment of Park Dedication Fees for the plat J.n the
amount of $6,120.00.
(3) The developer provides an irrevocable letter of credit
in the amount of $10,368.00.
(4) Sewer connections are subject to MPCA approval of the
wastewater treatment facility expansion.
Vetsch seconded the motion. All voted aye.
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Berning made a motion to conduct a public hearing to certify
the assessment roll for the 50th Street Improvement Project for
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ALBERTVILLE CITY COUNCIL
November I, 1993
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Tuesday,
motion.
November 23, 1993,
All voted aye.
at
7:30
PM.
Vetsch seconded the
Barthel made a motion to adopt RESOLUTION #1993-37 entitled
RESOLUTION DECLARING COST TO BE ASSESSED AND ORDERING PREPARATION
OF PROPOSED ASSESSMENT. Vetsch seconded the motion. All voted
aye.
Anderson made a motion to set a special
proposed assessment roll for the 50th street
for Thursday, November 4, 1993, at 6:30 PM.
motion. All voted aye.
meeting to adopt a
Improvement Project
Vetsch seconded the
At torney Couri reported that the compl aint concerning the
fai 1 ed septic system on the Ralph Ackerman property is mostl y
complete and should be submitted to the County by Wednesday.
Barthel made a motion to approve the Financial statement for
the period October 14 through October 27 as presented. Vetsch
seconded the motion. All voted aye.
Barthel made a motion to approve payment of Check #7924-#7961
as presented. Check #7951 to Rice Lake Contracting in the amount
of $15 6 , 43 4 . 6 0 wi II be he 1 d un t i 1 the C i t y r e c e i v e s the fir s t
portion of the reimbursement of expenses from PFA funds. Vetsch
seconded the motion. All voted aye.
Anderson made a motion to delegate local government unit
responsibility for the City of Albertville for wetland regulations
to the Wright Soil and Water Conservation District (SWCD) on a one
year trial basis. Barthel seconded the motion. Berning, Vetsch,
Anderson and Barthel voted aye. Potter voted no. The motion
carried.
Barthel made a motion to approve the Law Enforcement Contract
with Wright County Sheriff's Department for 1994 and 1995. Vetsch
seconded the motion. All voted aye.
Barthel made a motion to adopt ORDINANCE #1993-16 entitled AN
ORDINANCE LICENSING AND REGULATING THE SALE AND CONSUMPTION OF
INTOXICATING LIQUOR, REPEALING INCONSISTENT ORDINANCES, AND
PROVIDING A PENALTY FOR VIOLATION. Anderson seconded the motion.
All voted aye.
Berning made a motion to adopt ORDINANCE #1993-17 entitled AN
ORDINANCE REGULATING THE LICENSING OF COIN OPERATED AMUSEMENT
DEVICES AND SETTING FEES FOR SAME. Barthel seconded the motion.
The Council reviewed proposed Ordinance #1993-18 entitled An
Ordinance Relating to Noise, Providing for the El imination and
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ALBERTVILLE CITY COUNCIL
November 1, 1993
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Prevention of Prohibited Noise,
Violation. The Council concurred
proposed ordinance and consider it
Council meeting.
and Imposing Penalties for
to table discussion of this
again at the next regul ar
Anderson made a motion to adjourn at 10: 10 PM.
seconded the motion. All voted aye.
Barthel
Michael Potter, Mayor