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1995-09-05 CC Minutes . ALBERTVILLE CITY COUNCILl September 5, 1995 Albertville City Hall 7:00 PM PRESENT: Mayor Mike Potter, Councilmembers Sharon Anderson, Curt Muyres, Duane Berning, and John Vetsch, Ci ty Administrator Garrison Hale, City Clerk-Treasurer Linda Houghton, City Engineer Pete Carlson and City Attorney Mike Couri Mayor Potter called the regular meeting of the Albertville City Council to order. The agenda was amended as follows: Item 5h. Moved to New Business - Engineering Item 7b. Removed from the agenda upon request of applicant Berning made a motion to approve the agenda as amended. Anderson seconded the motion. All voted aye. Vetsch made a motion to approve the minutes of the August 7, 199.5, regul ar Counci I meeting and the minutes of the Augus t 3, 1995, J oint Counci I meet ing wi th Otsego. Vetsch seconded the motion. All voted aye. . Berning made a motion to approve payment of Check #'s through Check #9623 as presented. Vetsch seconded the motion. voted aye. 9590 All Mayor Potter asked if anyone present wished to address the Council under Community Forum. Dan Paulson addressed the Council regarding problems in the Parkside Addition with getting the home builder to handle building issues with the homeowner. Paulson stated he is aware that the City Council does not involve themselves in disputes between the homeowner and the builder, but Paulson indicated his reason for addressing the Counci I is to make them aware of some of the problems he and other homeowners are facing. The Council may wish to consider these concerns when considering other developments by this developer. The Council told Paulson that the City would keep any written complaints on the developer/development on file for future reference. Richard Faris, owner of Taco Junction, explained that he will be ho 1 ding a Grand Opening toward the end of September. A band will be hired to play outside until 10:00 PM. He would like to get a beer and wine license for that evening. . Berning made a motion to approve a 3.2 License for Taco Junction's grand opening during September, contingent upon the submission of a completed application, proof of liquor liability insurance, and Ci ty At torney approval. Anderson seconded the motion. All voted aye. . ALBERTVILLE CITY COUNCIL September 5, 1995 Page 2 of 7 Faris also requested the Council to consider approving an annua 1 Wine and Beer Li cense wi thin the Ci ty of Al bert vi 11 e . Current 1 y Ci ty ordinances make no provisions for this type of license. The Council was not opposed to offet-ing this type of license and directed staff to investigate the ordinance and suggest possible amendments to allow for a Wine and Beer License. Janet Berning, representing the CMIF/Albertville 20/20 Senior Housing Committee, explained that the Committee is interested in purchasing a piece of property from Clem Marx. However, Marx has indicated he is unwilling to sell the property until the City has resolved drainage problems on his property. Berning requested that the City Council attempt to resolve this issue as soon as possible. Muyres made a motion to approve the Financial Statement for August as presented. Vetsch seconded the motion. All voted aye. Muyres made a motion to accept Security Bank Northwest as presented. All voted aye. the pledged securities from Vetsch seconded the motion. . Muyres made a motion to approve the Follow-Up Sheet from the August 7, 1995, meeting as presented. Vetsch seconded the motion. All voted aye. Muyres made a motion to adopt RESOLUTION #1995-41 entitled ESTABLISHMENT OF COMPENSATORY TIME. Vetsch seconded the motion. All voted aye. Muyres made a motion to adopt RESOLUTION #1995-42 entitled ESTABLISHMENT OF WORK HOURS. Vetsch seconded the motion. All voted aye. Muyres made a motion to adopt RESOLUTION #1995-43 entitled ESTABLISHMENT OF SALARY ADMINISTRATION. Vetsch seconded the motion. All voted aye. Muyres made a motion to approve a Non-Intoxicating Malt Liquor License for the Albertville Lionesses at City Park Park Shelter on September 15, 1995, from 5:00 PM to midnight. Vetsch seconded the motion. All voted aye. Muyres made a motion to set a special meeting to consider the proposed 1996 budget and set the preliminary tax levy for September 11, 1995, at 7:30 PM. Vetsch seconded the motion. All voted aye. . Out t.he the Muyres made a motion to accept the Report on of a Portion of County Ditch 9 as prepared by Wright Soil and Water Conservation District. motion. All voted aye. Possible Clean Kerry Saxton of Vetsch seconded . ALBERTVILLE CITY COUNCIL September 5, 1995 Page 3 of 7 Muyres made a motion to approve the revision to the approved site and building plan submitted by Omann Brothers as requested which shows removal of one gate. Vetsch seconded the motion. All voted aye. Muyres made a motion to acknowledge the letter from Michael Couri to the developer regarding the drainage on Lot I, Block 1, MLDCO 1st Addi tion as directed by Counci 1. Vetsch seconded the motion. All voted aye. Muyres made a motion acknowledging Frankfort Township's response to participating in a Uniform Curfew Ordinance. Vetsch seconded the motion. All voted aye. Muyres made a motion accepting the memo from Brian Aslesaon, Assistant County Attorney regarding MN Statutes, Section 115A.471 (Public Entities; Management of Solid Waste). Vetsch seconded the motion. All voted aye. The Council discussed the sale of the water tower lot. City Attorney Couri recommended that, if the Council chooses to have the lot designated for a single family home, a deed restriction, rather than a spot rezoning, would be the easiest means. . Potter made a motion directing the City Attorney to draft a Deed Restriction clause designating the lot as a single family home site. Muyres seconded the motion. All voted aye. The Council next considered how to market the lot. The consensus of the Council is to list the property with a realtor. If the Council wants to list the property exclusively, Couri recommends that the City seek bids from local realtors. Anderson made a motion to list the water tower site with an exclusive realtor and to direct staff to secure bids from local real tors for the Council to consider at the October meeting. Muyres seconded the motion. All voted aye. City Attorney Couri reviewed the Fehn PUD Agreement with the Council, including the minor changes in language clarifying Paragraph 6. No amount has been determined for the letter of credi t, but the let ter of credi t wi 11 cover the parking 1 at and landscaping. Fehn agreed to supply the City with a $10,000 surety as insurance that the improvements will be made. The drainage easement referred to In the PUD Agreement will state that the parties intend to negotiate temporary easement rights. Couri recommends that the Council negotiate the temporary easement rights within two to three months. . . ALBERTVILLE CITY COUNCIL September 5, 1995 Page 4 of 7 Vetsch made a motion to approve the PUD Agreement with Dennis and Bertha Fehn as amended. Berning seconded the moti on. All voted aye. Couri reviewed the draft Developer's Agreement for the Parks ide 3rd Addition. He directed the Council specifically to the paragraphs dealing with the reimbursement of a portion of the cost of installation of the sani tary sewer mains. Couri urged the Council to act upon the trunk sewer changes being considered before thi s Deve I oper' s Agreement must be compl et ed. The Deve I oper' s Agreement could then be written with specific dollar amounts to be reimbursed. Couri also suggested that the Council consider requiring a letter of credit to cover the warranty period on the street improvement. The consensus of the Council is to require surety that extends through the warranty period on all future developments as a part of the Developer's Agreement. . Couri reviewed the process for assessing City costs on the County Road 19 & 37 pro ject . He advi sed the Counci I agains t entering any agreement with Wright County or for the purchase of right of way properties before the Counci I conducts a publ ic hearing. Muyres made a motion authorizing the City Administrator to solicit bids for grading the entire MLDCO 1st Addition and to make a draft upon the developer's letter of credit for the entire cost of the grading work, if the developer has not compl eted the required grading by September 23, 1995. The motion also authorizes the City Attorney to secure an easement agreement prior to completion of the grading. Berning seconded the motion. All voted aye. Ci ty Engineer Pete Carlson discussed upgrading the street pavement section requirements. Carlson pointed out that there has been several failures in the bituminous base in some developments and suggested that by increasing the thickness of the base bituminous from the current 1 1/2" standard to 2 1/2" of bituminous base on 12 inches of Class 5 aggregate base. Carlson indicates that the increased standard would be the minimum standard, but soil condi tions may dictate even more stringent requirements. Vetsch made a motion to approve the minimum street section requirements as recommended by the city engineer. Anderson seconded the motion. All voted aye. , Carlson reviewed his findings concerning the drainage problems on Locust Court. The probl em he found is there is no posi ti ve overflow on the detention pond. Carlson recommends that a 18" culvert by installed under Barthel Industrial Drive at a depth of . . . ALBERTVILLE CITY COUNCIL September 5, 1995 Page 5 of 7 1 1/2' below the basement elevation of the homes on the circle. The cost of installation would be between $500-$600. This should prevent homes from being flooded out during a heavy rain. Potter made a motion directing the city engineer to notify Frankfort Township of the pI an to install the cuI vert and to proceed with the installation of the culvert at a not-to-exceed amount of $700. Vetsch seconded the motion. All voted aye. Carlson presented a proposed revision to the 1992 Feasibility study earl ier prepared by Meyer-Rohl in, Inc. for extending sewer and water to the properties north of the freeway. The revision would extend an 8" sewer main at an 8'-10' depth. This main would service Hack's store and extend to the property which is owned by Phil Morris and may be developed in the future. Carlson estimated the costs to be $73,850, which would be 100% assessable to benefitting property owners. Potter made a motion to adopt RESOLUTION #1995-44 entitled RESOLUTION ORDERING PREPARATION OF REPORT ON IMPROVEMENT. Vetsch seconded the motion. All voted aye. Carlson reviewed his findings on the Marx Property Drainage question. Within the Marx property there is a large wetland that has been delineated by the Wright Soil and Water Conservation District. Within this wetland there is a low area where water ponds. It appears the pond has increased in area due to failure of its outlets. Un ti I the property deve lops, the owners desi r e to control the size of this pond. The least expensive solution to correct the problem is to regrade the ditch to the southeast and lower the storm sewer pipe at Lander Avenue. The ditch could be graded to the pond's historical high water elevation, which would be determined by the Wright Soil and Water Conservation District. The estimated cost for grading the ditch and lowering the storm sewer pipe is $4,800. Muyres made a motion authorizing the administrator to prepare a cost sharing agreement with the property owner(s) to regrade the di tch and lower the storm sewer pipe at Lander Avenue Hhich requi res the property owner (s) to pay 50% of the cos ts . Upon completion of the cost-sharing agreement, the engineer is authorized to have the job performed. Anderson seconded the motion. All voted aye. Carlson reported that the Becker property will be required to connect to the sanitary sewer system. Carlson recommended that the City consider a requirement that all developments are required to have a drain tile along the rear lot lines that outlet at a nearby catch basis. Sump pumps in the . ALBERTVILLE CITY COUNCIL September 5, 1995 Page 6 ot 7 new homes then are plumbed directly into the tile line, thereby reducing, if not eliminating, wet rear yard problems. Muyres made a motion to adopt the sump pump drainage requirement in all new developments and to authorize staff to prepare an ordinance outlining the details. Anderson seconded the motion. All voted aye. Based on the recommendation of the City Engineer, Anderson made a motion to reduce Omann Brothers letter of credit by 80%, from its current $75,000 amount to $15,000. Vetsch seconded the motion. All voted aye. Councilmember Anderson explained established to begin work on the Westwind Council authorize expenditures from the grade and do preliminary work. a committee has been Park. She requested the Park Dedication Fund to Potter made a motion authorizing Councilmember Anderson and the commi t tee to proceed wi th the Westwind Park development and expending funds not to exceed $45,223 from the Park Dedication Fund. Vetsch seconded the motion. All voted aye. A.dministrator Hal e was directed to send a memo to the st. . Michael Park Board regarding an Inter-Community Park System plan. Muyres made a moti on to set the Ci ty' s Truth hearing on December 11, 1995, at 7:00 PM and the hearing, if necessary, on December 18, 1995, at 7:00 seconded the motion. All voted aye. in Taxation continuation PM. Berning Muyres made a mot i on accept. ing t.he 1994 Audi t Report. and releasing payment for the report to Babcock, Langbein & Company. The Finance Commit.tee will review the management letter received. Vetsch seconded the motion. All voted aye. Berning made a motion to approve the installation of three poles with 250w h.p.s. cobra style lights and four spans of overhead conductor from otsego Road along 62nd Street to Co. Rd. 37. street lights will be installed at Co. Rd. 37 and 62nd Street, at the west drive area of Hack's, the corner of otsego Road and 62nd Street, and approximately half way between Hack's west driveway and otsego Road at no cost to the City for installation. Muyres seconded the motion. All voted aye. Potter made a motion to accept the low price for a two year bid on sewer main cleaning from Pipe Services Corp. at a cost of $0.35 per 1 ineal foot of main. Vetsch seconded the motion. All voted aye. . . . . ALBERTVILLE CITY COUNCIL September 5, 1995 Page 7 of 7 Potter made a motion to accept the MPCA Evaluation and Planning Report as presented. Berning seconded the mot.ion. All voted aye. The Council further directed Administrator Hale to review the City's sewer ordinance for compliance with all requirements detailed in the Evaluation and Planning Report. Berning seconded the motion. All voted aye. The Public Works Committee recommends placing recycled blackt.op on the pond road at a cost of $3,500. Vetsch made a motion to approve the Public Works Committee recommendation and have recycled blacktop placed on the pond road. Muyres seconded the motion. All voted aye. Vetsch made a mot i on to deny the Publ i c Works Department. request to install a gate into the City Park parking lot. Vetsch explained that he 1S opposed t.o the installation of the gate because it creates a safety issue should the gate be locked and access through the park denied. Anderson seconded the motion. All voted aye. Muyres made a motion to authorize staff to prepare a RFP for wastewater treatment facility operation contracting and to obtain bid prices on contracting. Anderson seconded the motion. All voted aye. Mayor Potter reported on the CMIF meeting conducted in August. The next meeting is scheduled in January in Mora. Potter reminded staff that the progress report for CMIF is due in September. Councilmember Muyres reported that he and Councilmembel Berning have met again with the Otsego EDA to discuss joint issues. The discussions have focused on three areas--servicing properties considered joint I y, financing those servi ces, and marketing the properties. Mayor Potter reported that the Joint Powers Board is currently working toward developing a complete Comprehensive Water Plan. Berning made a motion to adjourn at 10:48 PM. Muyres seconded the motion. All voted aye. ,*/ If4 . Michael Potter, Mayor ',,-- " , , . ~-.(. .l~ i ( ";) \ ....: / "- Linda Houghton, Clerk