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1995-07-03 CC Minutes . . . ALBKRrvILLE CIfT COOWCIL July 3, 1995 Albertville City RaIl 7:00 PM PRI:8lftnt: Mayor Hi 'ke Pott~r, C01.1n.ci Imemhflrs Sharon Anderson, Curt Muyres, Duane Berning, and John Vetsch, City !ngineer Pete Carlson, City Administ.rator Garrison Halp.; City Clerk {.intht Hnughton Mayor Pntter called thta. rta.<<}uI8T meflting of the ~lhertvi11ta. City Council to order. The agenda was aMended under Rev Business as follows: h. Consider apPftintment of two Council",embers to a COWRi ttee to "ork wi th Wright Countl on cost sharing on the Couat1 Road 31 r..lt~t ,roject MLDOO 1at Addition dr.tn... ...stion a MOtion to .ppro.. th...g.... .. _cled.. Anderson mation. .All voted .le. i. Berning mad. seconded the Vet.ch _ct. . MOtiOla.. to .,prov. the Minutes of the June 5, 1995, regul.r Council ...ting, the IUnut.. of the June 19, 1995, Joint COUftcil...tiaw with ot.4I90, and the aiaut.. of the June 21, 1995, special Council ...ting as ,re.ented. Mutres seconded the motion. All voted .,e. MUlres _dtt . action to a"rove ,.~t of Cheok ,. s 9448 through Check '9100 .. ,r...nted. Anderaoft seconded th. MOtion. All voted ale. Malor Potter a.keel if anlone in attendanoe wished to addres. the council. DOU9Ps,k has two conoerns to aeNress. lie questioned when the blacktop on .54th Stre.t whArA the waterms! n had befltn repaired was scheduled to be replaced. 1'hA Council directed the main.tenancedep..rtMent to repair the street as soon as possible. I Psyk also questioned whether a pe!'1ftcit was necessary to fill in a ditch. According to psy'k, SGMeone is filling in the ditch beyond his 6th Additf.on where the liMited outfall outlets. ,.he Council directed Bngineer carlson to eheek the area regarding the camp la,i nt . Berning..de amotion to .pprove the Pin.ncial statement for the period May 30 - .lUIle 21, 1995, .. pr..ented. bderson seconded the motion. All voted .,e. Berning __ . _tjon to .cc.pt the pi edged s.curi tl , effecti ve June 13 , 1995, frOla.he.uri t, ".nlt, .ol,'th...t. bderson .eoonded the motion. All voted .,.. Jeff and Shell." Burwell .dcIr...ed the Couacil for the second timeeoncerningtlae heN in their hackl.rd. lfhe Bursoh. feel that the developer sheuldbe reapoft.ible for relftOving the berm as it appears on th.ir surve,. . . . ALBBR7VILLR CI7Y oou.CIL .July 3, 1995 Page 2 of 6 City Engineer Pete Carlson has visited the site and reported that the berm is fairly subatantial and "as prior to the home construction. Carl.on does not feel there was enough dirt excavated from the b.....nt to create the berm. 7he developer, Kent Roessler, has also vi.ited the property anA has indicated that the berm existed before construction of the hOMe be9-. Cf ty AdMini.trator Male reported that he bas had discu.sion. with the Cit:f' Attorneyt.. who indicated that this is l.,al1y an issue between the property OWfter and the deYelep.r and the City ahouldnot be involved. Muyre. mad. a MOtion directin9 the Cit, Attorney to draft a letter to Kene-o, lae., and' request a written response to the concern. rai.ed b, the Burseh.. Anderson seconded the motion. All voted aye. Mayer Potter retftOved himsel f. from the C()11ftei I and turned the meeting over to Acting Mayor Werni.ng. Wernard Marx tol d the Counci I that the Marx properties have 8-9 addi tionat acres of wetlands that they f.el the City is responsible for creating. Bernard Marx addressed solutions to the problem in a letter dated June 13, 1995. Ragin,er ~arlson has looked at the property and indicated that cle.niftg out the ditch and low.ring th.. culvert under the railroad tracks, as Marx has suggested, mayor may not resolve the problem, but it still may be the best option. Anderson _de a MOtion directing the eDgift.er to proYide a solution and/or options for the Counct1 to eonsider at the next regular meeting. Nuyre. seconded the MOtion. All voted aye. Mayor Pottet resUMed his duti.s as "YOI'. ~he Council reviewed the coat ..timat.s provided for construction of a '50' wood. pardrai 1 alon, 50th stre.t. EngineerCarlsoa does notreeo/lllll/land a "guardrail" as such, but J:'ather a "pedestrian handrai 1". carl.on ..ti_ted that a two-rai I, one. and one-hat finch ateelld.., 42' high pedestrian handrail wou I d cost a round '5,000. . Muyres ..de. motion to "aYe Carlson prepare several options and cost esti..tes for the Council to consider at the ne.t regular meeting. Anderson seconded the motion. All voted aye. bgineer Carlsono ..platned that the Corps of Engineers has issued ...permi t for the "arthe] Dri.ve Storm Sewer Improvement Project. However, the Deparl:ment of Natural Itesources (DQ) i.s requesting additional survey work on the wetland area north of the railroad tracks to determine if the lowering the culvert under Barthel Industrial Drive would be beneficial. Carlson bel ieves lowering that cui vert woul d el iminate having to di. toh behind . ALB~ILLE CIYr COUICIL Jul!, 3, 1995 pa.8 3 of 6 . Franklin Sign. The additional surveying work would add approximately $2,000 more to the project cost. Carlson continued to explain that the drainage problem was initially created when Prankfort 'l'own8hip l'fItptllced II broken tile Une originally 18" in diameter with an 8" line. He and Pete Raatikka, Frankfort 'l'ownship's engineer, have discussed the situation and Carlson urged ~aatikka to discuss replacing the 8" li.ne with another 18" line to eliminate the drainage problem. Apparently the Frankfort "'own Board is unwilling to do that unless the City of Albertville is willing to pay the costs. Carlson added the cost of replacing thfl tile line with.. larger pipe i.s about half of the projected storm sewer costs. Muyres made a motion directin~ Carlson to draft a letter outlining his findings regarding the probl_ and the solution to the Prankfort 'l'own Board and to r8llfU.st a wri t.ten re.pons. from t.he Board within 30 days. A ...ting can t.hen be ..t with representat.ives fr_ Pranltfort and Albertville to discuss the options available. And.r.OIl seconcled t..he MOt.ion. All voted aye. Carlson r-.o~ted that Count,. Ditch '9 haa a hi,h .,ot in the middle thatpre".te .t" ..ter fr~ flowin9 th.....h the clit.ch. He bel ieves the cl en-out is a Ci t, project. ~..ioll.r Jucli. Ros., explained that the City needs to _It. a for:w-l rttetuest. to the County Audi tor to clean out the di toh without an a.s...~t. to the abutting property oners. W01n: 'l'he COUnt, Board ha. jurisdiction and needs to formall,. act on the r&9U..t. Carlson had not viewed the drainage problem reported in the BeaudrY'9 'nd Addition. Mul'res madfl a motion to tsble further di scussi on unt! 1 Carlson has seen the area and can report to the Counc; I. ~nderl'4on !Ilflt~ondflut themnt. ion. "I I vot.ed 8Y~. Car180n report.ed that the Ci ty of Al b~rt.vi..l J fI! has adequate c8pseltYllt the WAstewater treatment facility to hsndle 5,000 gallons of waste from two residential developments i.n the City of st. Michael. Carlson recommended t.hat the waste be discharged into the most f1tasterl"J pend at the wastewater si te. Based on his cal cui ati.ons, a 'charge of $2.!JO per thousand gall ems discharged would be a fair and equitable rate to charge the d.veloper. Potter made a ~tion to ac~ept the engineer's recommendations andauthori.e the .ttorne, to draf~.a formal .'r....nt betw.en thee devel.oper and the eft, to all_ 5,OOO.,allons of waste per d., to be discharged into the cit,.'. wastewater tre.tMent facility until the City of St. Michael's e.pansion ef their w.stew.ter treatment faci I H:y is cOmpleted .t . oo.t of '2.50 per thou.and gallons. Vetsch seconded tile motion. All voted a,... . .' . "t.Rft1'Vn.f.R crn ceowcn. .1'lly 3, 1995 P3gP. .. of Ii Carl~on reported that he has sent a memo and a map of the proposed Urban Service Area to bothPrankfort ~ownship and the city of Otsego. Mayor Potter removed hilRS.1 f fr_ the Counci 1 and the meeting continued with Acting Mafo~ Berning conducting the ..eting. Engine.r Carraon has p.~ tog.th.r estimated cost. to extend the sanitary....... line to the OIMnft Brothers property. "otal cost is eattMated around ..0 I 000. o.nns hav. agreed to pay the construction cOlltai f the ei ty f.-I ooat" the ..nhole on County .oad 19 to the ditch right-of-_y and the legal and .ngine.ring f.es (appro.imat.lf $9,'60-$1.,GOO). IfIh. citf propos.d to have the other benefitting prop.~tl own.rs (Bernard & JUdy Roden and otaego Tool) enter intoan,..re..ent to pay for those costs. At this point, it seem<<! unlik.ly that thft other property owners. are in agreement. Rodens have an option contract for the sale of their property and the. option holder (Cohen Development company) i!l unwilling to pay the eost$.. . .. ~nderson made a motion authorizing lit not-to-p'xcfl!ed 8mount of $~,OOO as the Ci.ty share to hfl! used to rfl!loeate thfl! msnhole from ; t~ currfl!nt locatton .. n County Road 19 tot. he di teh j n right-of- way. Vp.t.seh stltconded the moti.on . Anderson, Vet!lt!h sndRern'lng votfl!d aYfl!. MUYTe~ voted no. ~he mot.ion csrried. Anderson made a motion to have the property owners meets with the ci. ty engineer and attorney to draft aft agreement for the payment of the other costs of constructing the sewer line to the Omann Brothers propertf and authorizing the city administrator and the acting mayor to officially approve the agr.8fleftt. Vetsch seconded the Ift(')t ion. Anderson, Vetsch and Bftrning voted aye. Muyres voted no. ..h....'MOtion carri.d. MaJor Potter r.turned to his position on the Counci 1 and conducted the~eting. Anderson mad. a motton to offe... the former water tower site for sale .s isthr6ugh s.aled hids, r.taining the tight of refusal on any and all bids. 'Phe Ci tJ Attorney wi 11 be contact.d for advise on the sale proeedures. Vetsch second.d the 'MOtion. All voted are. Muyr@s mad8A motion to withhold acceptance of th@ 1994 Audit Report. until thfl! manAg~ment lfl!tt~r is received, submit thfl! report "!II j s to the state Audi. tor' 8 Offi ce, and wi thhnl d pAyment tn Babcock, TJangbein_andgompany for pre'paration of the audit. unt.i.l the management lett~r is rfl!ceived. ~nder8on seconded the motion. "11 vot~d ay~. . . . . \ "'1'\ AL8~JLLE CI~ OOOWCIL .lu]:r 3, 1995 Pag~ 5 of 6 Ander80n made a motion to recommend the Pinance Committee set a meeting with the adMinistrator and the clerk to research how to finance the updating of the Comp Plan and to authorize the first tw~ steps in the update.t this time. Muyres seconded the motion. All voted a:re. Muyresmade a motion to accept the request from Mike Rutkowski to~eturn to work anc,J totable the decision to. have Rutkowski ret rn to work until the City has received a full release letter fr" Ihltkowski' s doctor. ..Purther / the Personnel Commi ttee wi.11 ~UlJt am... .et1ng tOdi.~.(,!USlll the 1d.tlulltion lIInd develop the c..,r'f.te.,r.'fll for II job lIInalY!!Jis with an ergomunet.ric !!Jur.vey which must,be signed off hy fhp. doct.or prt or t.o Rutkowlllki 's return to work. Pot.ter seconded thp. motton. ~ll votp.d aye. .Judi P. 'ROlllP. and Sharry 'Rerni ng / reprp.!Ilent.i ng the Economi ('! Developmp.nt Partner~hip of Wright County, reported on the progr~m and its progress, Potter made II moti.on to rl!l!ma1n a member of the Part.nership at a cost of $500 for 1996 dues. Muyres seconded the motion. All voted aye. 'l'hp. Counci.l ('!onsider~d the Pi ndings . of Pact 8nd the reeommendlltion from the. Phllnn'fng Commi !IIsion to IIpprove a pun zone for thp. Denn;!II Jll'ehn property, S1 nefl! l"fl!hn and t.hfl! COlln('!1} Wfl!rp. 1JnS1Jn~ of thp. 1 angulIlge detat It nq the sa 1 fI! of thfIIJ home port; on nf Ttp.m #6 in t.hp. Findings nf ";let , ~nderson made a motton to t.ahl P. fllrthp.r di scussion unti.l the nfllJ~t rfllJgul ar mp.eting !lIO thp. issue can he clarified. 'Rerning seconded thp. mnt;on. All voted aye. vetseh m~de II mot.ion to waivp. the requir...ment requi.ring Pp.hn to rp.i mhurse thf! Ci t.y for thfl! expensp.s i ncurrfl!d by thf! Ci ty Planner hp.e~tJse Fehn did not request thfl! Ptm ~oni ng but rathp.r the Ci ty rp.que~ted that to he in eonfoTmlllnce wi th Ci t.Y'!II ordinances / the PUD was necessary. pehn agrees to pay ~o, of the leqal fees involved . . . AI.BRR'l'VTT.I.'E ern. couwcn. Ju 1:1 3, 1 C)9S Page 6 of ~ ' :f n the re!:one. Muyre~ l'I'econded the moti on. All voted aYflL Mayor Potter presented the trophies and offtcial portrait of the ~lbertvtlle Royalty to the Council. The Council reviewed thfll! letter from .13net Berning requel'l'ting that the Counci I con~ider ~etting a curfew for young resi.dents. Th... Council directed the admini~trator to get information on what ordinances the Ci ty m8Y aI ready have in pI ace dealing with curfew~ and to work wi th the City of Otsego regard! ng the curfew question. Anderson made. motion to. appoint Mike Potter and Duane Berning to a comtft~ tt&f) to work wi th staff and Wright Coun~y officUals to. develop a "cost-flharing ..thod for the real ignlMlftt . of County Road 31. Vetsch seconded the motion. All voted a1e. The Council agreed to establish. a PUblic Jforks C~ittee meeting monthly on the second Monday of eaeh month at 3:30 PM to make r8Commendations to the full Council. Engineer Carlson reported that the grading on, tot I, Block 1, '4T.JDCO 1st Addition is improper and does not drain al8 designed. .The homeowner would like to have the area graded l'I'O that it drains. Carlson tUIlS visited thesi te and st.ated he feel 18 the grading was not done prior to the !lUll e of the property. The Developer' 8 Agreement requi res the grading h... comp l...ted by th... ~...ve 1 op...r. Muyr...l'I' made a motion directing the City ~ttorn...y to ~end a le~ter to the deve 1 nper advi ~1 nq hi m that t.he grad; ng mUl'I't be cnmpl et....d. Anderson seconded the motion. All voted aye. Anderson madflJ a ~econded thfll! motion. mntinn to adjrl'tlrnat. JO:05 PM. AI~ "voted '1~:~~ Miehs@} Pott~r, Mayor Muyres "