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1994-06-20 CC Minutes . . . ALBERTVILLE CITY COUNCIL June 20, 1994 Albertville City Hall 7:30 PM PRESENT: Mayor Mike Potter, Councilmembers Duane Berning, Sharon Anderson, Albert Barthel and John Vetsch (7:35 PM), City Clerk Linda Houghton, City Administrator Dale Powers, City Engineer Bob Robertson, City Attorney Mike Couri Mayor Potter called the regular meeting of the Albertville City Council to order. The agenda was amended under Administration as follows: (1) Delete Microtech discussion (2) Change Resolution #1994-7 to Resolution #1994-9 (3) Accept letter of resignation from the Park Board from Anita Roden Berning made a motion to approve the agenda as amended. Barthel seconded the motion. All voted aye. Councilman Berning requested that a follow-up sheet be included in all future agenda packets. Mayor Potter presented certificates for $100 savings the new Albertville Royalty: Miss Albertville Lisa Princesses Jenny Holland and Shari Lindenfelser, Junior Kari Valerius, Emily Vorderbruggan, Jacob Bebeau and O'Donnell. bonds to Roden, Royalty Matthew The minutes of the June 6, 1994, meeting were amended as foll ows: Page 2, Paragraph 12 "Anderson/Vetsch unanimous to authorize getting specs prior to letting of bids for a new tanker truck". Page 3, Paragraph 13, Sentence 2 "Mayor Potter wi 11 attend the June 23rd meeting of the Frankfort Township Sewer Committee". Barthel made a motion to approve the June 6, 1994, minutes as amended. Anderson seconded the motion. All voted aye. Dayle Veches discussed his inability to get a Certificate of Occupancy for the house he has constructed on Lot 1, Block 1, MLDCO 1st Addition, because the drainage plan cannot be completed until the beehi ve requi red by the plat has not been ins ta 11 ed on the corner of the lot. Closing on the house has been scheduled for Friday, June 24, and if the house does not close on that day, the buyers will lose the lock on their interest rate. Veches and realtor Dan Frie asked the City Council to enforce the conditions of the Developers Agreement and either force the developer to have . . . ALBERTVILLE CITY COUNCIL June 20, 1994 Page 2 of 5 the beehive installed or have the CIty install the beehive with the funds provided by the developer's letter of credit. Berning made a motion to allow the building inspector to issue a temporary certificate of occupancy for Veches' house provided that only the drainage and grading are incomplete and to give the developer thirty (30) days in which to have the beehive installed. If the beehive is not completed in that time frame, the City will have the beehive installed with the funds provided by the developer's letter of credit. Anderson seconded the motion. All voted aye. Gerald Johnsted requested permission to install a mounting pole to hold an antenna for his ham radio. Mayor Potter advised Johnsted to apply to the Planning Commission for a Conditional Use Permit before the Council would act on his request. Clem Marx requested permission to change the culvert that he stated collapsed when the trunk sewer line was installed. The culvert is located west of the st. Albert's Church and north of the proposed 57th Street. Marx indicated that if the cuI vert is replaced, the ditch would need to be cleaned to allow proper flows. City Engineer Bob Robertson reported that the topo map indicated that is the culvert is located properly and the ditch cleaned, the ares should drain. The Council agreed to have the wetlands areas delineated before proceeding with a clean-out of the ditch. Dale was directed to contact Kerry Sexton of the Wright Soil and Water Conservation office to have the delineation process started. The City will also get a quote from Dennis Fehn on the cost of getting the ditch cleaned. Attorney Couri advised that until the wetlands are delineated, he would not advise that City to take any action on the ditch cleaning. He further indicated that the first step to the delineation process should be up to Marx. Linda was directed to check if the performance bond for Kadlec Excavating has expired and to contact both the bonding company and the contractor regarding recently discovered along the trunk sewer line. Since Ron Becker was not present, the Counci 1 agreed to discuss the drainage swale on his property under Engineering. Engineer Bob Robertson reported on his findings regarding the Marx/Psyk drainage probl em. One potential sol ution that would allow Pysk's 6th Addition to proceed is to have the drainage from the north end of the proposed development go to the end lot into a detention pond and detained on that lot by a wide berm. This would prevent quick run-off into the Marx wetland. This solution would be a temporary (interim) solution and would be changed once permanent storm sewer pipe is installed. Attorney Mike Couri advised that the addition of a second detention pond on the last lot as Robertson suggested may be workable if calculations show . ALBERTVILLE CITY COUNCIL June 20, 1994 Page 3 of 5 that the amount of drainage and the velocity of the drainage is not increased. He suggested that the runoff factors and calculations be submitted to the city engineer for his review prior to Council action on the proposed development. Robertson reviewed the Feasibi 1 i ty study for Barthel Industrial Drive and 52nd Streets. The study estimates the cost of street and watermain construction from the finished section of Barthel Industrial Drive to 50th Street at $163,125. Street, sanitary sewer, watermain and storm sewer construction along 52nd street is estimated at $282,790. Street, sanitary sewer and watermain for the MacKenzie Circle portion is estimated at $72,026. The entire total project (Barthel Drive, 52nd Street and MacKenzie Circle) is estimated at $517,941. Bob will have a complete report available for the next Council meeting. Dale was directed to set up a meeting with the property owners whose property wi 11 be affected by the proposed improvements, including Ed Lenz , who actually is a resident of Frankfort. Bob reported that the corners of the Westwind Park have been staked. . Linda was directed to check the Developer's Agreements and the PUD Agreement for the Westwind Addi ti on to see if 1 anguage is included that requires excess dirt from the development to be reserved for the park. Ron Guerts will put together a status report on the MNDOT/I- 94 drainage project for the Council's review. Dale reported that he had visited the Ron Becker property and observed two breaks in the swale allowing water to go to the pond. Dale also observed that the berm originally placed next tot he swale has been plowed under and Becker is actually farming the easement. Attorney Couri indicated that if no other property is being affected, the responsibility for rebuilding the berm could rest with Becker. Dal e was directed to contact Ron Becker regarding restoring the berm and to meet with him regarding his Kelly Koopmeiner, who lives next to Becker's pond on 51st street, told that Council that water ponds in her back yard and she would like to have the drainage corrected to eliminate the ponding. Ron Guerts from Meyer-Rohlin, Inc. will have the swale reshaped from the back corner of her lot to the beehive. This should stop the water from ponding. The maintenance department will haul dirt around the beehive to improve the aesthetics. . Bob Braun, one of the developers of Hardwood Ponds 2nd Addition, requested City assistance in getting the engineer and contractor to proceed with his improvements. Linda will speak to . . . ALBERTVILLE CITY COUNCIL June 20, 1994 Page 4 of 5 the engineer. Attorney Couri presented Resolution #1994-8, as requested by Mayor Potter. The resolution details the reason that Mayor Potter is recommending that the Municipal Engineering Services contract with RCM, Inc. be terminated because RCM has been unable to appoint a permanent engineer to repl ace Pete Carlson. Bob Robertson indicated that RCM does have an engineer in the st. Cloud office who he woul d recommend to represent the Ci ty , if the Counci I agreed. Mayor Potter explained that the determining factor in appointing RCM as engineer was that Pete Carlson would be the City representative, and he is recommending 'in the resolution that Carlson be appointed city engineer. Anderson made a motion to adopt RESOLUTION '1994-8 terminating REC as city engineer effective thirty days from the mail ing of wri tten notice and retaining Pete Carlson of Short, Ell iot & Hendrickson as city engineer, pending approval of a written contract. Berning seconded the motion. All voted aye. Barthel made a motion to approve the Financial Statement for the period June 1 - June 15 as presented. Anderson seconded the motion. All voted aye. Barthel made a motion to approve payment of Check #8527 - #8573 as listed. Anderson seconded the motion. All voted aye. The Council reviewed the 1993 Audit Report. Because of errors discovered in the employee benefit and insurance portions of the audit, Anderson made a motion to set a meeting with Mark Babcock to finalize the audit on June 27th at 6:00 PM. Vetsch seconded the motion. All voted aye. Barthel made a motion to accept the resignation of Anita Roden from the Park Board effective immediately and directing Linda to send a letter of appreciation to Ms. Roden. Anderson seconded the motion. All voted aye. Barthel made a motion to approve Change Order No. 3 for the 1992-11A (Wastewater Expansion Project) which deletes floor hardener from the plan. The net result of the change order is a deduct of $220. Anderson seconded the motion. All voted aye. The time of the meeting for Dale's performance evaluation was changed to 6:00 PM on June 22nd. The meeting will be closed to the public. The Council reviewed Resolution #1994-9 entitled A RESOLUTION DIRECTING THE LMCIT TO COMPLY WITH THE COURT OF APPEAL DECISION REGARDING AFT ON CITY OFFICIALS. Discussion of the resolution was . . . ALBERTVILLE CITY COUNCIL June 20, 1994 Page 5 of 5 tabled. Anderson made a motion to prohibit parking on both sides of 58th street due to the narrowness of the street. Berning seconded the motion. Anderson and Berning voted aye. Barthel and Vetsch voted no. Mayor Potter cast a no vote. The motion failed. The Council agreed to continue with the parking of vehicles on one side of 58th street, and directed that "No Parking on this Side of the Street" be placed on the sod side of 58th Street. Vetsch made a motion Administrator attend Council motion. All voted aye. to have the meetings. City Clerk and Berning seconded the the Berning made a motion that the City of Albertville not become a member of the Minnesota Association of Small Cities. Barthel seconded the motion. All voted aye. Berning made a motion to deny the request to sponsor youth on a trip to Washington, D.C. made by Word of Peace Lutheran Church. Barthel seconded the motion. Barthel, Berning, Vetsch and Potter voted aye. Anderson abstained. The motion carried. The Council reviewed the correspondence between the City and property owner Jim Hennum. The Council decided to table further action. Anderson made a motion to hire Katie Buttweiler to update the community profile for the City at a rate of $8 per hour for eight hours per week, not to exceed 10 weeks total. Funding for the employment will be from the AEDA. Barthel seconded the motion. Anderson, Vetsch, Berning and Barthel voted aye. Potter voted no. Berning made a motion to adjourn at 11: 35 PM. seconded the motion. All voted aye. Barthel Michael Potter, Mayor Linda Houghton, Clerk