Loading...
1994-12-19 CC Minutes . . . ALBERTVILLE CITY COUNCIL December 19, 1994 Albertville City Hall 7:30 PM PRESENT: Mayor Mike Potter (8: 05 pm), Counci lmembers Sharon Anderson, Al bert Barthel, Duane Berning, and John Vetsch, Ci ty Clerk Linda Houghton, City Engineer Pete Carlson, City Attorney Mike Couri Acting Mayor Berning called the regular meeting of the Albertville City Council to order. The agenda was amended as follows under Administration: (1) Resol ution #1994-30 (A RESOLUTION AMENDING SECTION III (A) OF RESOLUTION #1994-7 ENTITLED A RESOLUTION ESTABLISHING AN ECONOMIC DEVELOPMENT AUTHORITY FOR THE CITY OF ALBERTVILLE, MINNESOTA (2) Resol ution #1994-31 (A RESOLUTION ESTABLISHING A DEFERRED COMPENSATION PLAN FOR THE CITY OF ALBERTVILLE Barthel made a motion to approve the agenda as amended. Anderson seconded the motion. All voted aye. Check #9019 to Rice Lake Contracting for final payment on the 1992-11A Wastewater Treatment Expansion was removed from the consent agenda. Councilmember Vetsch asked to be on record as stating that he feels there could have been more cuts in the 1995 final budget, but he will not vote against adoption of Resolution #'s 1994-28 and 1994-29. Anderson made a motion to approve the Follow Up Sheet from the December 5, 1994, meeting as presented. Barthel seconded the motion. All voted aye. Anderson made a motion to approve t~e minutes of the December 5, 1994, regul ar meeting as presented. Barthel seconded the motion. All voted aye. Anderson made a motion to approve the minutes of the December 7, 1994, Truth in Taxation Hearing as presented. Barthel seconded the motion. All voted aye. Syl vester Roll es addressed the Counci 1 regarding the barricades that have been installed at the dead end of 61st Street in the Parkside Addition. When the City plows the street up to the barricades, snow drifts over his driveway. He would like the barricades removed from the street. The Council and the project engineer both stated that the barricades are placed to prevent traffic from leaving the street and travelling onto private property. Project Engineer Norm Gartner will meet with Rolles to discuss if the addition of a snow fence or an alternative method of plowing can alleviate Rolles' problem. . ALBERTVILLE CITY COUNCIL December 19, 1994 Page 2 of 6 Aaron Morrison also addressed the Council about the speed of the construction traffic on Kahler Drive in the Parkside Addition. Norm will talk to the developer regarding the complaint. Linda will check the Developer's Agreement for the parkside Addition regarding street sign placement. Fire Chief Dave Vetsch addressed the Council and requested the Council consider increasing the annual Fire Relief Association's fee from the current $350 per year of service to $450 per year of service, effective January 1, 1995. He presented a letter from the Fire Relief Association's auditor showing that the Ci ty' s contribution to the ReI ief Association in 1995 would be $7,700. The City has budgeted $5,000. The Fire Department will amend their portion of the budget to absorb the difference and not make a net increase in the budget. . Vetsch made a motion to increase the annual rate of the Fire Relief Association from $350 per year of service to $450 per year of service effective January 1, 1995. Barthel seconded the motion. Anderson, Barthel and Vetsch voted aye. Berning abstained. The motion carried. Project Engineer Norm Gartner reviewed the One-year Performance Certification for the 1992-11A Improvement Project (wastewater treatment expansion) with the Council. Gartner and Operator Ken Lindsay both explained that the entire plant is operating efficiently and as planned. The plant meets all treatment limits and the operation and maintenance costs have been on budget or below budget. Gartner recommended the Counci 1 approve the Certification and direct him to submit the Certification to the MPCA. Barthel made a motion to approve the One Year Certification for 1992-11A Improvement Project as presented. Anderson seconded the motion. All voted aye. Gartner also explained that Rice Lake Contracting has satisfactori ly compl eted its obI igations for construction. However, there remain two items on the punch list to be completed- -a plastic tubing to the al urn storage is cracked and must be replaced, and a defective heater blanket in the generator was discovered recently. Norm will notify the contractor to take care of these two items. . Gartner recommended that the Council authorize final payment to Rice Lake Contracting (Check #9019 in the amount of $10,042.50) contingent upon the operator indicating the punch list items are complete. The City will continue to hold a $10,000 retainer on the project. . ALBERTVILLE CITY COUNCIL December 19, 1994 Page 3 of 6 Anderson made a motion to approve payment of Check #9019 to Rice Lake Contracting, contingent upon the punch list items being completed. Berning seconded the motion. All voted aye. Mayor Potter arrived at the meeting and conducted the remainder of the meeting. City Engineer Pete Carlson stated that the delineation of the area around County ROad 19 and 1-94 has been done but the actual mapping has not been completed. He should have the map for the Council by the next meeting. . The Council reviewed the minutes of the Planning Commission's December 13, 1994, public hearing and the recommendation to give conceptual approval of outside storage at the maintenance/office building proposed for the Ackerman property. Conceptual approval of outside storage for the site does not guarantee that the Council will give approval of a Conditional Use Permit. What the Omanns are seeking is an indication that the Council will consider in "good fai th" the option of the Condi tional Use Permi t, provided that City staff review and approve all drainage, site and landscaping and screening plans. The Council concurred with the Planning Commission that, upon submission of all complete plans and staff approval of the same, they wi 11 consider issuance of a Conditional Use Permit to allow for outside storage at the site. City Attorney Couri advised the Council that the City's Personnel Policy is unclear about the length of time an employee may be on unpaid medical leave. The policy gives the Council the right to require that an employee on medical leave be examined by a doctor of the City's choice at City expense. Linda was directed to contact Mike Rutkowski to see if he will release his medical records regarding his back injury to the Ci ty. She wi 11 also contact Medformation to locate a doctor who specializes in back injuries to get an estimate of the cost of the examination. Couri addressed the contents of his December 13, 1994, letter to Mayor Potter regarding a potential conflict of interest. Mayor Potter represents one party in the sale of property to a developer who may request City considerations for the development. Up until this point, Potter has abstained from voting on any issue that involved the potential development. Couri recommends that, upon the execution of a purchase or option agreement, Potter refrain from any discussion which pertains to the development to avoid the appearance of conflict of interest. . Anderson made a motion to approve the Financial Statement for the period December 1 - December 14 as presented. Barthel seconded the motion. All voted aye. . ALBDIfYILL. CIft COUIICIL Decellber 19, 1994 .ag. 4 of 6 Anderson Iftade .-.otion toapprove.a,..nt of Check I's 8994- 901S ....and Check I's 9020-902S..pre.ented. Barthel .econded the motion. All voted aye. Anderaonmade a motion .toadopt U80L1Jlf10ll ',l'94-22eatitled' A . USOLU7I(.)I{ADOPrIIlG OB~"" '.LICDn .PDS I. ftI: CIft'OP ALBBR!'VILLB. Barthel seconded the motion. All voted aye. Anderson made a motion to adopt USOLU7IOIf 11994-23 entitled A RESOLO'l' lOft ADOP'I' I ftO CIOARft'I'E LICDSE PDS 1ft TIlE CI'I'Y OP ALBER!'VILLE. Barthel seconded the motion. All voted aye. Anderson made a motion to adopt RESOLU7IOft '1994:-24 entitled A .RESOLtJ'lIOft AJ)OP'I'IftO AIIOSIllElft'LIeElfSES PEES I. '!'BE CIn OP ALBER'l'VILLE. Barthel seconded the motion. All voted aye. Anderson made a motion to adopt U8OLOPIOIf 'l'''.-2Sentitled A RESOLO'I'IOIIADOPt'llKJ .1_......1'1' ......1. ... 'Clft.OP AL8D'PYILL.. Barthel seconded the motion." All voted aye. . Anderson made a IDOtiOll toa4opt:1tIaIOf,ft10B t1tt4-2Sentitled .;A:"8OLft~.ADQIl!fI_""'_'AL ~t. ....Clft 01' 1.L8.....ILU. Barthel seconded the .otion. All voted ale. Anderson _de a motion to adoptltlalOLftIOB '1"4-27 entitled A. HSOIDfIOll.ADOftIIlCJ.... .~..._.... ~"'I_"" IOIt _ COIIIIftOmIOB I. .,... Clft or AJ.BatI9IIiLS. Barthel .econded the motion. All voted aye. Anderson made a motion to adopt IUI8OL1ft'IOB '1"4-28 entitled AItB8OLnIOll ADOPI'IIIO . !'lIB :PIBALALBIllt'fYILLB BUI)(Jft POll 1995. Barthel seconded the motion. All voted aye. Anderson made a motion to adopt aB80L1JlI' lOR '1'94"'29' entitled A RESOLO'I'IOIfADOP!'lftO '!'lIE .PI.AL ALBBR!'VILLE 1994 !'AX LEVY, COLLECl'IBLE III 1995. Barthel seconded the motion. All voted aye. Andersonmede a motion to adopt R880LO'I'I0If '19'.94-30 entitled A RESOLO'I'IORAMElIDI.O SRCfIOft III (A) OP RESOLO'I'IOft 11994-7 EIf'l'I'I'LED A RESOLO'I'IOIf ES'l'ABLISHlftO U ECOlIOMICDEYELOhD'f' AOftORI'l'YPOR 'l'BE CI'I'Y OF ALBER'l'YILLE, MI_SMA. Barthel seconded the motion. All voted aye. . Anderson made a motion to adopt U8OLO'I'IOB'1994-S1entitled A R880LO"10II ESI'ULISH.IIIG A.DDmtJtEDCC*P.8At'IOII .LU POll ftIE CIn OP ALBD'rYILLE. ~arthel secoadedthe motion. All voted aye. Anderson made a motion to approve the 80n-lntoxicating Liquor Licens. for the st. Michael Jaycees atth.'ISOC200 SnowmobileRac. at School Lak. on January 6, 1995, from 5:00 PM to midnight, on . . . ALBERTVILLE CITY COUftCIL December 19, 1994 Page 5 of 6 January 7, 1995, from 11:00 AM to midnight, and on January 8, 1995, from noon to midnight . Barthel seconded the motion. All voted aye. Anderson made a motion to approve 1995 Cigarette License. for the following: Albertville Bar, Dan's Auto Service, Pat'. 66, the 152 Club, and Hackenmueller's. Barthel seconded the motion. All voted aye. Anderson made a motion to approve the 1995 Amuaement Licenses for three machines for the 152 el ub and for 4 ..chines for Albertville Bar. Barthel seconded the IIOtion. All voted afe. The Council discuasedthe .paflHDt request frOll "'ore MeJer for payment of the final engineering fees for the 50th Street Project in the amount of '8,121.52 as billed on August 26, 1994. The Counci lat the 8Bpt.-ber _etin9 denied pa,..ent' of the c1ai. at the September 6, 1994,..eting.AttorneJ Couri explained that if the Council believe it should not paf the entire 'bill, they need to prepare a list ofwhichi temsthey will not pay and the reason why. If the cost of the solution exceed. the total bill ,presented, the Counci 1 may opt to noti fyMeyer-Rohl in that payment is being withheld for that reason. The Council should_ consider what extra costs the City absorbed or will absorb in correcting the drainage. ' If the Council feels the engineering was deficient, those deficiencies should . be itemized and presented to Meyer-Rohlin. This would require a review of the engineering design, probably by another professional engineer. The Counci 1 di rected C6uri to contact Meyer-Rohlin, Inc. regarding the decision not be pay the claim based an the extra costs the City will experience to correct the drainage. Harold Swanson presented a petition requesting the extension of sanitary sewer and water to the properties north of the freeway. A portion of the 'property Swanson hope. to develop lies with the corporate limits of Otsego.The Council authorised a feasibility study on the extension of water and ae"erlasty.ar and the study waspr.sentedon, Sept-.ber 10, 1993. Petereco_ended tbe Council wait to update that feasibility study until the attachaDent/detac"'ntqu.stion"ith the 'cttf of otsego i. .ettled. If property ia added to the current corporate limt., that propertf must also be ,serviced. 'Phefirst step f'or -the City is to e.tablish a Urban Service Area. 'fhisdeterMines the maxi.um area the eitf can service and that infonaatioD is, used to determine .ise of pipes and the depth necessary to service the entire area.. The Council directed Pete to continue working on the truck access charges to be adopted. The Council agreed to table further consideration of the petition until the Municipal Board resolves the attachment/detachment issue. . . . ALBERTVILLE CIYY COUKCIL December 19, 1994 Page 6 of 6 Potter made a motion to accept the resignation of Park Board member Dale . Langsdorf . Berning seconded the lDOtion. All voted aye. Linda was directed to place a notice in the official newspaper of two vacancies on the Park Board and to contact Park Board Member Kevin McIntosh r89arding his in-tentions to r_in on the Board. Anderson made a motion to adjourn at 10: 38 PM. seconded the motion. All voted aye. Berning Michael Potter, Mayor