1994-10-03 CC Minutes
MINUTES
CITY COUNCIL MEETING
OCTOBER 3, 1994
~ COUNCILMEMBERS PRESENT: Mayor Mike Potter; Councilmembers Sharon Anderson,
Albert Barthel, Duane Berning, John Vetsch
STAFF PRESENT: Interim City Administrator Dale Powers, City Engineer Pete
Carlson
The meeting was called to order by Potter @ 7:30pm.
Berning/Anderson unanimous to approve agenda as amended.
Anderson/Barthel unanimous to approve the fOllowing consent agenda items
amended:
*Financial Statement (September 16-29)
*Approve Bills (Check .rs 008803-008820, P001153-P001157)
*Zimmer Brothers lease
*Minutes of the 9/19/94 regular City Council meeting
COMMUNITY FORUM
John Vetsch: (Vetsch stepped down from the Council table at this time to
discuss his concerns.) Vetsch discussed with the Council the condition of
the curb in front of his new house at 5618 Large Av NE. The curbing is
uneven due to the settling of the soil after the placement of the sewer
trunk line. Potter and Barthel stated that this is not a unique situation,
~ and that the City has paid to raise curbing in the past. Carlson mentioned
.., the fact that the City has a street maintenance fund, and that perhaps the
City could do several projects at the same time, maybe when Doug Psykrs
contractor is in town. Vetsch said he is willing to contribute to the cost
of the reconstruction. Carlson cautioned the Council to clarify the
situation; work of the type envisioned for Vetsch should be placed in a
different category than a total road reconstruction that can be assessed to
the property owners. Vetsch needs a letter from the City to his mortgage
company stating what the City will do about the curbing. The Council
directed Powers to send such a letter.
(Vetsch returned to the Council table.)
Pat Adamski: Adamski addressed the Council concerning a situation involving
a telephone answering machine message left by Powers concerning Adamskirs
construction of a deck without the requisite permit. Adamski replayed the
answering machine message for the Council. Adamskirs concerns were that the
message left by Powers was polemic; the City failed to respond to a request
for information about the derivation of building permit fees; a certified
letter was sent to him, instead of using first class mail delivery; and
that City Hall was not open, during normal business hours, when he came in
to pick up his permit.
Potter responded that, after Powers conveyed the entire situation to him,
he authorized issuance of certified mail to correspond to Adamski on this
issue.
~Powers explained his side of the story, and, while apologiZing again to
Adamski for his misunderstanding of the answering machine message, defended
his actions as proper and necessary to get a response. Powers further
mentioned that the reason Adamski constructed the deck without a permit is
that his neighbor put up a fence on the property line without a permit and
without his consent. Adamski agreed with this assessment of the situation,
and elaborated on the fence situation. Adamski concluded with the thought
that it appears that, if one doesn't get caught, one can get away with
~ anything.
Potter responded that the City lacks the staffing to properly enforce the
City's ordinances, and out of necessity relies on the goodwill and civic-
mindedness of the public to perform in a lawful manner. Regarding the
fence, Potter was unaware of the situation and indicated he would contact
City Building Inspector Kevin Mealhouse about the situation.
ENGINEERING
WWTP Pavina Project: Former City Engineer Norm Gartner reviewed with the
Council bids for the paving project at the wastewater treatment plant
(WWTP). Six (6) bids were solicited, and two (2) were received: Aero
Asphalt and Buffalo Bituminous. Aero Asphalt was the low bidder; however,
Gartner recommended rejecting all the bids for two reasons: each bid came
in higher that the anticipated cost amount. and that Powers indicated that
there may be additional paving projects in 1995 that could be combined with
this project. resulting in a lower per unit cost of the projects.
Berning/Anderson unanimous to reject all bids for the WWTP paving project.
1-94 Drainage Project: Carlson reviewed with the Council correspondence to
him from MN/DOT District Agreements Engineer Lori Vanderhider regarding
this project. Essentially. Vanderhider stated that funding for this project
will be available in FY 1996 (commencing 7/1/95) and that MN/DOT's share of
the costs will. most likely. be no higher than 25%.
~ Carlson stated that he could try to negotiate a higher participation level
out of MN/DOT. but the amount of documentation required. when combined with
the tenuous nature of state funding. leads Carlson to believe the City
would be better served by working with the 25% MN/DOT participation amount.
Potter agreed. citing documentation requirements. and mentioned that he was
asked by the Frankfort Township engineer what the City is asking for in the
way of Frankfort's participation. Potter mentioned that the City should
negotiate with Frankfort for a mutually agreeable participation level.
Carlson responded by stating that. while Frankfort's participation would be
preferable. the City should proceed with the project irrespective of any
other pending cost-sharing arrangements. Carlson noted that the time spent
in negotiating with Frankfort could cause MN/DOT to pull their funding for
the project. resulting in no net financial gain for the City.
When asked by the Council when construction could begin, Carlson responded
by saying it could start. at the earliest, in spring-to-early summer 1995.
Sanitary Sewer Smoke Test Summary: Carlson reviewed with the Council the
summary of the smoke test results of 9/14/94. Powers stated that the
private property owners have been notified of the concerns and the
requirement to correct the deficiencies. Ken had been previously instructed
to seal the manhole on Lander Av NE adjacent to City Park.
~Dundee draina~e: Carlson reviewed with the Council the drainage map
submitted by Meyer-Rohlin on behalf of Jerry Theis of Dundee Nursery
affecting the property, between Main Av/Lander Av and 55/54 Sts. Carlson
feels the drainage plan is unrealistic due to the flat grades on the swale.
Powers informed the Council that Carlson discussed this issue last week
with Theis. and that Theis was disappointed that Carlson would not do any
"ad-hoc" engineering for him. Carlson agrees with the first of two points
in correspondence to Theis from Thore Meyer of Meyer-Rohlin. but the
. elevations on the print are not accurate. leading to the insufficient
grade. Carlson disagrees with Meyer on the second point of his letter
regarding assessibility of the project. Carlson feels that this dispute is
between two private property owners (Clemens Marx and Theis). This could
become a City issue if the property owners petition the City for relief. in
which the City could respond under the authority of Minnesota Statute 429.
Barthel stated that maybe the City should just wait until Theis wants.the
property to sell. Carlson responded that Theis is aware that no certificate
of occupancy will be issued on new residential construction on his property
until the drainage issue is resolved. Perhaps Marx should be instructed to
proceed with his drainage plan independent of Theis. Powers recommended a
letter be sent to Marx. with a copy to Theis. stating that this issue is
between the two of them and. if Marx and Theis can't mutually resolve it.
proceed on your own. The Council rejected that approach. and instead City
Attorney Mike Couri to correspond with Theis on this issue. Specifically.
the Council instructed Couri to advise Theis to submit an approved drainage
plan within 30 days or Marx will be able to proceed on his own.
Hack's sewer: Carlson discussed the situation regarding the malfunctioning
of the septic system at Hackenmueller's Groceries/Gas/Liquors at 11850 NE
62 St. The preferred installation plan would be for a 12" sanitary sewer
service that could serve adjacent properties to the east. There is a
question of assessibility. Stating that "assessing is a matter of timing".
in Hackenmueller's case the timing is too late. while for the other
property owners it is too early. The City is in a Catch-22 in that the City
can't afford to proceed with the project unless the property owners waive
. their rights to notice and a hearina. while the majority of property owners
are not ready to develop their land and. consequently, may be averse to
foregoing those rights.
The Council discussed with Carlson the cost estimates for the project.
Carlson indicated that the costs were assuming wet soil conditions, and
that if the soil is dryer than anticipated the costs should be adjusted
accordingly. Potter stated that the property owners are aware that the
sewer service will increase their property values, so there should not be
much opposition to any assessment costs. Powers was directed by the Council
'to set up a meeting with the property owners to discuss the "sewer only"
option.
I-94/CSAH 19 feasibility study: Carlson advised the Council that the Wright
County Transportation Study will be completed soon. and their findings will
have an impact on this issue. This is due to the fact that the property in
question contains a "Type 3" wetland, which mandates a policy hierarchy of
avoidance-mitigation-replacement. If the transportation study shows no
significant need for a full-service access at I-94/CSAH 19. DNR most likely
will not allow construction of the off-ramp and interior road network.
Carlson further stated that. even with a positive response from Wright
County, there are significant hurdles to overcome. MN/DOT requires a one-
mile separation between interchanaes on its rural network, and the distance
between.CSAH 19 and CSAH 37 is nine-tenths (.9) of a mile. Carlson
'intimated that the City may have to give up the interchange, or part of it.
at CSAH 37. The effect this treatment will have on traffic patterns will
have to be part of any environmental assessment worksheet (EAW) study. When
asked by the Council when and how long the EAW study will take, Carlson
relied that. if the study were to start 11/1/94. it would take at least
until 6/95 to complete.
Vetsch stated a concern that the City needs to know how the CSAH 37
interchange will be affected before committing tot he CSAH 19 interchange
plan. Carlson replied that the EAW study needs to analyze all potential
. situations that could impact traffic flow, so as to be able to answer
questions from the public on this issue.
Skin patchinR at Westwind: Carlson mentioned that City Public Works Working
Foreman Ken Lindsay was interested in performing some skin patching of some
of the local road network in the Westwind area. Carlson stated that this
action would not be a waste of money, and that from what he has seen of
past skin patching Ken has done a good job.
Other enaineerina issues: Potter asked Carlson about the condition of the
land around Psyk"s 6th addition, stating that it appeared to be quite wet
out there. Carlson replied that the soil was worked on last Thursday
through Saturday, then farmed for two days after that. The soils. did not
pass roll testing, and that for the roads the soil is too wet for any class
5 to be laid down. A possible solution would be to scrape off some of the
top "muck" to reveal a stable soil surface for class 5 and eventual paving
and curbing.
ADMINISTRATION
Speed limits: a clarifica~ion: Powers reviewed with the Council
correspondence to him from MN/DOT District Traffic Engineer Anthony J.
Kempenich concerning speed limits on 50 St. The letter states that the
previous conclusion (that the roadway meets urban district criteria and,
therefore, can be posted at 30 MPH) covered only the section of 50 St under
the City"s jurisdiction (between Main and Mac Iver Av"s). The section of 50
. St that is also known as CSAH 35 was authorized at 45 MPH under a separate
study performed earlier.
Proposed amendment to JPA re: watermains: Powers reviewed with the Council
the proposed amendment to the Joint Powers Agreement establishing a
regional water service. This amendment would transfer ownership of each
member"s watermains to Joint Powers, establish a depreciated surplus
account for future watermain replacement, and prepare and present a five
year capital improvement plan. Council discussion centered on the
inappropriateness of the City agreeing with this amendment due to the fact
'that it benefits one member jurisdiction only. The amendment was never
formally brought up for a vote.
Chanae Order # 7 for the 1992-11B Improvement Project: Gartner discussed
this change order and the reasons for the change. Part of the problem,
according to Gartner, was incorrect information contained on 15 year old
prints of the project area. Vetsch mentioned that the City should not have
to pay for costs associated with bad information provided by the City
engineer. Powers asked Carlson to put this into perspective, and asked
whether the final cost overrun of 1.08% is normal, high, or low for a
project of this type. Carlson responded by saYing that, assuming there were
no substantive changes to the project, the cost overrun seemed within the
range of respectability.
Anderson/Barthel unanimous to approve, with reservations, Change Order # 7
. for Project 1992-11B.
Staff Hours: Potter and Berning wished to discuss with Powers reported
incidents of staying late at the office and occurrences of no staffing
during normal office hours at City Hall. Both elected officials had
concerns about overtime. Powers gave a reply to the situation that, due to
Council directives, there was an occasion that prompted him to stay until
10:45 pm one evening, This was due to leaving early the day before to
attend to a personal matter that needed immediate attention. Powers further
. mentioned that, as a temporary employee, he has no vacation or sick time;
as a result, when personal situations arise that need attention, he has to
shift hours to meet the competing priorities. Anderson mentioned that
employees have to earn vacation and sick time. Powers responded to Anderson
by saying that, according to the City's personnel policy, vacation time
starts accruing at six (6) months, and he has worked seven (7) months.
Powers advised the Council, in addressing the "overtime" issue, that he had
requested of the Council the ability to work as many hours as nece8sary to
complete Council directives without being paid overtime. In other words, to
get paid the same weekly wage, but put in more hours for that same wage.
The Council turned him down. Addressing the reports of lack of staffing
during normal City Hall office hours, Powers responded that with only two
staff people at City Hall, rare situations occur that result in temporarily
closing City Hall for a period of time. Powers stressed that these
incidents were extremely rare, but are unavoidable. The Council was
satisfied with Powers' response to the situation. I
Replacement Maintenance Department Worker: Powers discussed with th~
Council the results of the interVieWing for the temporary maintenance
worker position. Powers felt that all three candidates have their strengths
and weaknesses. but recommended to the Council the hiring of Mike Koch of
Albertville for the position due to the immediate needs of the City.
Barthel/Vetsch unanimous to approve the hiring of Mike Koch as a temporary
maintenance department worker, at a wage of $7.00/hour to start. with
performance increases of 50 cents a hours every other pay period.
. "Turn Off The Violence": Potter discussed with the Council correspondence
from the Wright County Attorney's office regarding "Turn Back The Violence"
week.
Anderson/Berning unanimous to approve a letter to the editor on this issue
to be published in the North Crow River News.
Anderson/Barthel unanimous to adjourn @ 10:45 pm.
Mike Potter. Mayor
Dale Powers. Interim City Administrator
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