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1993-11-15 CC Minutes . . . ALBERTVILLE CITY COUNCIL November 15, 1993 Albertville City Hall 7:30 PM PRESENT: Mayor Mike Potter, Counci lmembers John Vetsch, Duane Berning, Sharon Anderson and Al bert Barthel, Ci ty Cl erk Linda Houghton, City Engineers Ron Guerts and Norm Gartner, City Attorney Mike Couri Mayor Pot ter ca 11 ed the regul ar meeting of the Al bert vi 11 e City Council to order. Approval of Ordinance #1993-18 was removed from the consent agenda. The agenda was amended by adding the following: (1) Judy Rose - Discussion of Economic Development Partnership of Wright County (2) Resolution #1993-45 (3) Resolution #1993-46 Berning made a motion to approve the agenda as amended. Anderson seconded the motion. All voted aye. Barthel made a motion to approve the Follow-Up Sheet from the November 1 meeting. Berning seconded the motion. All voted aye. The minutes of the November 1, 1993, meeting were amended on Page I, Paragraph 5 to read "It is the Council's hope that the relationship between the Park Board and Mike Rutkowski will improve and the park maintenance probl ems have been resol ved. " Barthel made a motion to approve the minutes as amended. Berning seconded the motion. All voted aye. Barthel made a motion to approve the minutes of the November 3, 1993, special budget meeting as presented. Berning seconded the motion. All voted aye. Barthel made a motion to approve the minutes of the November 4, 1993, special meeting for the purpose of establishing an assessment roll for the 50th Street improvement project. Berning seconded the motion. All voted aye. Barthel made a motion to approve the minutes of the November 8, 1993, special meeting to amend the assessment roll for the 50th Street improvement project. Berning seconded the motion. All voted aye. Wright County Commissioner Judy Rose addressed the City Council with information concerning the establishment of the Economic Development Partnership (EDP) of Wright County. The next meeting of the EDP will be conducted in Albertville on December 16. Rose encouraged the Council to join in the EDP and presented the . ALBERTVILLE CITY COUNCIL November 15, 1993 Page 2 of 5 annual membership dues that have been established. Each municipality represented on the EDP will have one vote regardless of the size of the community. Vetsch made a motion to join the EDP for a one year peri od (January 1 December 31, 1994) at a membership fee of $500. The Council questioned where the membership fee would be budgeted from. Vetsch withdrew his motion until Linda has time to determine where in the budget the expenditure can be made. Rose also explained to the Council that the regional wastewater treatment committee has been awarded two grants from the Central Minnesota Initiative Fund. Bob Thistle of Springsted Inc. presented information on the sale of the City's $245,000 General Obligation Bonds, Series 1993B. Moore, Juran and Company, Incorporated is the low bidder on the bonds at a true interest rate of 3.887%. Thistle recommended the Council accept the bid from Moore, Juran and Company, Inc. Anderson made a motion to adopt RESOLUTION #1993-45 enti tled A RESOLUTION AWARDING THE SALE OF $245,000 GENERAL OBLIGATION BONDS, SERIES 1993B; FIXING THEIR FORM AND SPECIFICATIONS; DIRECTING THEIR EXECUTION AND DELIVERY; AND PROVIDING FOR THEIR PAYMENT. Berning . seconded the motion. All voted aye. Thistle explained that Moore, Juran and Company, Incorporated was also the low bidder on the $180,000 General Obligation Refunding Bonds, Series 1993C. The bonds have a true interest rate of 4.9316%. Barthel made a motion to adopt RESOLUTION #1993-46 entitled A RESOLUTION AWARDING THE SALE OF $180,000 GENERAL OBLIGATION REFUNDING BONDS, SERIES 1993C; FIXING THEIR FORM AND SPECIFICATIONS; DIRECTING THEIR EXECUTION AND DELIVERY; AND PROVIDING FOR THEIR PAYMENT. Vetsch seconded the motion. All voted aye. Engineer Norm Gartner presented a letter dated November 3, 1993, detailing the amount of all work remaining to be completed in the Psyk' s 5th Addi tion. A total of $28,078.11 of work is uncompleted. Norm recommended that the Council include an additional $5,000 in contingencies and reduce the letter of credit for Psyk' s 5th Addi tion to $33,000. Berning made a motion to reduce Doug Psyk' s 1 et ter of credi t for psyk' s 5th Addi tion to $33,000. Barthel seconded the motion. All voted aye. . Gartner reviewed the reduction in the letter of credit for the Parkside Addition. Since Kenco Construction, Inc. is financing the improvements, as the contractor is paid, the letter of credit is reduced. Norm recommends a reduction in the amount of $81,838.19. Barthel made a motion to reduce Kenco Construction's letter of credit by $81,838.19. Anderson seconded the motion. All voted aye. . . . ALBERTVILLE CITY COUNCIL November 15, 1993 Page 3 of 5 Gartner reviewed the status of the Ci ty projects. Widmer I Inc. will be back in town next week to wrap up details from the sewer reconstruction project. The turn lane into Barthel's Commercial Park has been paved. However, Norm reported that the gravel base for the turn lane was not compacted properly and will affect the bituminous surface. He recommends that the turn lane be redone next year. 60th street in the same addi tion is not up to ci ty specs and Norm recommends holding off the paving until next spring. Norm reported the contractors In both the Parkside and Hardwood Ponds 2nd Additions are having problems stabilizing the sub-grade. Norm recommends that the street construction in both additions be delayed until next spring to insure more stable sub- grades. Kent Roessler, developer of Parkside Addition, explained that he is willing to sub-cut the road an additional 6" I add geotexti 1 e fabric and an addi tional 6" of cl ass 5 gravel to two sections of roads in Parkside to get them finished this season. He stated he is willing to assume all liability and additional costs for the extra work and is confident that it will be effective. Roessler questioned whether the Council desired him to install curb and gut ter on these sections yet this year. Norm explained that although curb and gutter could still be poured this year, there may be a problem getting a decent job of backfilling. Roessler told the Council he feels it is in the best interests of the City to delay the curb and gutter until next spring because of potential damages to the curb and gutters. It is the consensus of the Council that it is in the best interests of the City to allow Kenco to delay installation of the curb and gutters in the Parkside Addi tion unti 1 next spring. The Ci ty wi 11 approve temporary Certificates of Occupancy for houses in the addition, provided that Kenco signs an amendment to the indemnification agreement releasing the City from all liability and agrees to maintain the streets in the development this year. Berning made a motion to approve temporary certificate of occupancy for homes in the Parkside Addition contingent upon the signed amendment to the Indemnification Agreement with Kenco. Barthel seconded the motion. All voted aye. The Counci 1 agreed wi th Norm 's recornmenda ti on to ho 1 d of f further construction of streets in the Hardwood Ponds 2nd Addition and Westwind 3rd turn lane. Anderson made a motion to adopt RESOLUTION #1993-43 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 for the Westwind Third Addition project. Barthel seconded the motion. All voted aye. . ALBERTVILLE CITY COUNCIL November 15, 1993 Page 4 of 5 Vetsch made a motion to adopt RESOLUTION #1993-44 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 for the Hardwood Ponds 2nd Addition project. Berning seconded the motion. All voted aye. Attorney Couri explained that the Developer's Agreement for the Parkside Addition was written to include the 18 lots in Outlots A & B that have since been pI at ted as Parkside 2nd Addi tion. Consequently the letter of credit for boulevard improvements was based on 90 total lots, instead of the actual 72 lots in Parkside Addition. The Developer's Agreement for the Parkside 2nd Addition requires a letter of credit for the boulevard improvements. Couri recommends that the letter of credit for boulevard improvements for Parkside Addition be reduced by $5,184.00. Barthel made a motion to approve the reduction in the letter of credit for Parkside boulevard improvements by $5,184.00. Berning seconded the motion. All voted aye. . Couri reported that there are no specific answers in state statutes concerning whether TIF funds can be used to fund an already completed project. The intent of the TIF statutes is to designate a project first and then set aside TIF funds to pay the costs of the project. Barthel made a motion to approve the Financial statement for the period October 28 - November 9, 1993, as presented. Berning seconded the motion. All voted aye. Barthel made a motion to approve payment of Check #'s 7968- 7993 as presented. Berning seconded the motion. All voted aye. The dirt pile on the railroad lot has been leveled and the Council took no action on the complaint from Mark Barthel. The Counci 1 directed Linda to redraft Ordinance #1993-18 regarding noise to include only hours of construction operations for the Council's action at the next meeting. Barthel made a motion to adopt ORDINANCE #1993-19 entitled AN ORDINANCE REGULATING THE ISSUANCE OF BUILDING PERMITS IN THE CITY OF ALBERTVILLE. Berning seconded the motion. All voted aye. Barthel made a motion to adopt RESOLUTION #1993-40 entitled RESOLUTION ADOPTING ON-SALE LICENSE FEES IN THE CITY OF ALBERTVILLE. Berning seconded the motion. All voted aye. . Barthel made a motion to adopt RESOLUTION #1993-41 entitled RESOLUTION RESERVING BALANCES REMAINING IN 1993 BUDGET. Berning seconded the motion. All voted aye. . . . ALBERTVILLE CITY COUNCIL November 15, 1993 Page 5 of 5 Barthel made a motion to adopt RESOLUTION '1993-42 entitled RESOLUTION DESIGNATING RESERVED FUNDS. Berning seconded the motion. All voted aye. The Council reviewed the quotation from Federal Warning Systems for the installation of a 127db rotating civil defense siren in the amount of $14,447.50. The Council has reserved $15,000 in TIFfunds for a new civil defense siren. Anderson made a motion to approve the purchase of the siren from Federal Warning Systems. Barthel seconded the motion. All voted aye. Anderson made a motion to table discussion of the letter from Bui lding Inspector Kevin Meal house unti 1 the Counci 1 meets in a closed meeting on December 6, 1993, at 8:30 PM. Vetsch seconded the motion. All voted aye. The Council discussed hiring a part-time administrator at its budget meeting on November 3, 1993. The Council will opt to pursue this avenue. The Council opted to make no response to the amendment of the Wright County Zoning Ordinance. proposed Barthel made a seconded the motion. motion to adjourn at All voted aye. 9 : 35 PM . Anderson Michael Potter, Mayor