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1993-11-01 CC Minutes . . . 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 . 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. . 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. . 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. . ALBERTVILLE CITY COUNCIL November 1, 1993 Page 3 of 5 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. . 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. . Berning made a motion to conduct a public hearing to certify the assessment roll for the 50th Street Improvement Project for . . . ALBERTVILLE CITY COUNCIL November I, 1993 Page 4 of 5 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 . . . ALBERTVILLE CITY COUNCIL November 1, 1993 Page 5 of 5 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