1995-11-06 CC Minutes
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ALRERTVILLE CIn COURCIL
Roveaber 6, 1995
Albertville City Ball
7:00 PM
PRESENT: Mayor Mike Potter, Councilmembers Sharon Anderson,
Duane Berning, John Vetsch and Curt Muyres, Ci ty Administrator
Garrison Hale, City Clerk-Treasurer Linda Houghton, and City
Engineer Pete Carlson
Mayor Potter called the regular meeting of the Albertville
City Council to order.
The agenda was amended by adding the following:
Item 5g. Accept donation of $600 from the STMA Women of Today
for use in the Westwind Park
I tern 5h. Accept donation of $14,014.19 from Al bertvi 11 e Lions
for use in the Lions Shelter
The amended agenda was approved by consensus of the Council.
The minutes of the October 2, 1995, meeting were amended on
Page 2, Paragraph 6 to state Vetsch made the motion to adopt
Resol ution #1995-47 and at Paragraph 7 to indicate Berning seconded
the motion. The minutes were also amended on Page 6, Paragraph 7
to indicate Potter voted aye and Vetsch voted no. Berning made a
motion to approve the minutes of the October 2, 1995, regul ar
Council meeting as amended. Anderson seconded the motion. All
voted aye.
Berning made a motion to approve the minutes of the October
16, 1995, special meeting. Anderson seconded the motion. All
voted aye.
Berning made a motion to approve payment of check #'s 9711-
9715 and Check #'s 9717 - 9755 as presented. Check #9716 to Danko
Emergency Equipment is voided and another check to Danko Emergency
Services in the amount of $10,961.96 is approved. Anderson
seconded the motion. All voted aye. Linda was directed to recode
Check #9748 in the amount of $1,422.45 to Springsted to an EDA
expense.
Mayor Potter asked if anyone present wished to address the
Council under Community Forum.
Norm Gartner of Gartner Engineering stated his company was one
of three fi rms which submi t ted a proposal for the wastewater
treatment facility operation to the City. His proposal was $15,000
less per year than the other quotation, but he was the only one of
the three proposers not be called for an interview to discuss the
proposal. Beside the fact that his proposal was the low quote,
Gartner voiced his displeasure that even though he was the design
engineer on the most current upgrade to the facility and he wrote
the operations manual for the faci 1 i ty, his proposal did not
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ALBERTVILLE CITY COUNCIL
November 6, 1995
Page 2 of 9
warrant an interview. The Public Works Committee explained that
his proposal was not considered because he did not have a qualified
operator for the plant. Gartner asked the Council to reconsider
his proposal because he does have a qualified Class C operator in
1 ine--Ken Lindsay, the Ci ty' s current operator. Gartner al so
stated he has another operator who will be licensed as a Class C
operator by the proposed start-up date of January 1, 1996.
Dan and Connie Anderson explained that the grading on their
lot in MLDCO 1st Addition has still not been completed.
Administrator Hale explained that he has shown Dennis Fehn the site
and discussed the completion of the grading. Currently the ground
is too wet to complete the project. Costs for the grading will be
from a draft on the developer's letter of credit.
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Keith Franklin of Franklin Outdoor Advertising addressed the
Council on the on-going drainage problem on his property. The City
and MNDOT both want the 8" tile line through Green Haven Estates
replaced with the original 18" pipe. Frankfort Township has not
yet responded to the letter City Attorney Couri sent them regarding
the drainage. City Engineer Pete Carlson suggested that he, Couri
and the Council address the Frankfort Town Board face-to-face to
discuss the drainage problem.
Dale Kunde informed the Council that his neighbor constructed
a fence on his property. The neighbor did not have a permit for
the fence. He brought this concern to city staff who sent letters
to the neighbor indicating that the fence was in violation of City
ordinance, requesting that he apply for a fence permit or remove
the fence. Neither has been done. Attorney Couri has been advised
on the situation. The neighbor can be prosecuted for violating the
ordinance, but expenses for legal services and staff time will be
costly. Attorney Couri suggested the Council needs to look at what
items are priority with limited resources and pursue those items.
Councilmember Vetsch stated that if the City opts not to enforce
its ordinances, the ordinances should be repealed. Vetsch made a
motion to proceed to prosecute the ordinance violation, with the
first step as a letter from the attorney to the property owner.
Anderson seconded the motion. Vetsch, Berning and Anderson voted
aye. Muyres voted no. The motion carried.
Mayor Potter opened the public hearing to consider the North
Frontage Road Sanitary Sewer Extension at 7:45 PM.
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City Engineer Carlson explained the proposed improvement is
for an 8" sanitary sewer pipe to be installed at a normal depth of
12'-14' to the Skoglund sign property toward CSAH 37 approxiamtely
1800 feet. The pipe could be extended in the future if the City
chooses. The project is proposed to be assessed equally to five
benefitting property owners.
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ALBERTVILLE CITY COUNCIL
November 6, 1995
Page 3 of 9
Mayor Potter asked for comment from the public.
Dick Matlazek,
owns approximately
objects to being
unbuildable parcel.
representing Skoglund Signs, stated his firm
3.5 acres that is basically wetlands. He
assessed on what he stated was basically
There was no other public comment.
Muyres made a motion to close the publ ic portion of the
hearing at 8:00 PM. Anderson seconded the motion. All voted aye.
The Council discussed the next step for the project. Attorney
Couri advised that the Council next get a good estimate of the
costs, perhaps through bidding the project, and then have an
appraisal of the properties done to determine whether the project
is 100\ assessable.
Berning made a motion to contact all affected property owners
to determine if each is agreeable to the proposed $15,000+
assessment to his property. If the property owners object to the
assessment amount, the City will order an appraisal of the
properties. Anderson seconded the motion. All voted aye.
Muyres made a motion to approve the Financial Statement for
October as presented. Berning seconded the motion. All voted aye.
Muyres made a motion to approve the Follow-Up Sheet from the
October 2, 1995, meeting as presented. Berning seconded the
motion. All voted aye.
Muyres made a motion to adopt RESOLUTION '1995-50 ti tl ed
RESOLUTION ESTABLISHING QUARTERLY FINANCIAL REPORTS. Berning
seconded the motion. All voted aye.
Muyres made a motion to accept the Public Works Projects List
for November and December as presented. Berning seconded the
motion. All voted aye.
Muyres made a motion to schedule a special City Council
meeting on Monday, November 20, 1995, at 7:00 PM. Berning seconded
the motion. All voted aye.
Muyres made a motion to approve the 1996 Law Enforcement
Contract with Wright County at a cost of $33.00 per hour for five
hours a day and for 1997 at a cost of $34.50 per hour for five
hours a day and to authorize the mayor and the clerk to execute the
contract. Berning seconded the motion. All voted aye.
Muyres made a motion to accept the $600 donation from the STMA
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ALBERTVILLE CITY COUKCIL
Kovember 6, 1995
Page 4 of 9
Women of Today for use in Westwind Park.
motion. All voted aye.
Berning seconded the
Muyres made a motion to accept a donation of $14,014.19 from
the Albertville Lions for use at the Lions Shelter. Berning
seconded the motion. All voted aye.
Anderson made a motion to schedule a special meeting of the
City Council for the purpose of evaluating the City Administrator
for Thursday, November 30, 1995 at 7:00 PM. The meeting will be an
open meeting per administrator's request. Berning seconded the
motion. All voted aye.
The Council reviewed the Public Works Committee recommendation
to contract the operation of the wastewater treatment facility to
PSG. Councilmember Vetsch stated the Public Works Committee opted
not to interview Gartner Engineering is that he was concerned with
Gartner's proposal using current city staff for the operations.
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Councilmember Muyres questioned whether there was merit in
considering a $30,000 increase in costs of operation to contract
wastewater operations versus using ci~y staff to operate the plant
as is currently being done.
A representative of PSG stated that the City's increased cost
of operating the wastewater treatment facility would actually be
onl y around $15,000 per year, considering the Ci ty' s costs of
potential workers' comp claims and the expertise and maintenance
data provided by PSG.
Councilmember Berning asked if the Public Works Committee was
recommending that the two maintenance workers currently on staff be
kept full-time if the wastewater treatment operations is
contracted. Potter indicated that the Committee feels there is
enough work for two full-time employees even without the wastewater
treatment facility.
Councilmember Anderson asked City Engineer Carlson what his
recommendation for contract maintenance firms is. Carlson stated
that if the Council chooses to contract the operations, he would
recommend PSG. Carlson further stated his opinion that by hiring
a contractor for the wastewater treatment facility, the City still
cannot operate with less than two full-time maintenance employees.
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Anderson made a motion to pursue a contract for the operations
of the wastewater treatment facility with PSG as recommended by the
Public Works Committee and to direct the Committee and Attorney
Couri to draft a contract for Council review. Vetsch seconded the
motion. All voted aye.
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ALBERTVILLE CITY COUNCIL
November 6, 1995
Page 5 of 9
The Counci I discussed NAC' s proposal to update the City's
base, zoning and uti I i ty maps, ei ther by hand or by computer.
Engineer Carlson stated the City would benefit from CAD mapping,
which makes updating future updating simpler. The City would own
the maps on disk and could provide them to other staff when and if
it chooses. Costs estimated at between $5,000-$6,000.
Muyres made a motion to authorize NAC, Inc, to proceed with
updating City base, zoning and utility maps on CAD and to direct
that the updated map disk be sent to City Engineer Pete Carlson for
his information. Vetsch seconded the motion. All voted aye.
City Engineer Pete Carlson discussed the letter which will
need to be sent to property owners with property needed for right-
of-way if the CSAH 19/37 realignment is done. Wright County has a
sample of a typical right-of-way letter for the City to utilize.
Carlson suggested that the letter ask property owners if they are
willing to donate the property needed for the right-of-way.
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Vetsch made a motion directing the city engineer, in
conjunction with the city attorney, to prepare a letter to be sent
to property owners whose property must be secured for right-of-way
for CSAH 19/37 Intersection Realignment Project. Berning seconded
the motion. All voted aye.
Muyres made a motion to accept the bid from structural
Building for the construction of a 20' X 30' X 16' Salt Storage
Facility at a cost of $8,950. Anderson seconded the motion. All
voted aye.
Anderson made a motion to adopt ORDINANCE '1995-15 titled AN
ORDINANCE AMENDING THE CITY'S LIQUOR ORDINANCE '1993-16, an
ordinance creating an on-sale wine license and to establish the
annual fee for the on-sale wine license at $100. Berning seconded
the motion. All voted aye.
Muyres made a motion authorizing Bob Thistle of Springsted,
Inc. to proceed with a Debt Management Plan in conjunction with a
Capital Improvement Plan at cost of $1,500-$2,000. Berning
seconded the motion. All voted aye. The Council will prioritize
a list of capital improvements for the special meeting on November
20.
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City Attorney Couri explained the request from Old Title
Republ ic to purchase interest in a 66 foot wide strip of I and
located immediately west of Lambert Avenue between 60th Street and
County Highway 37, parallel to Lambert Avenue. Old Republic wrote
a ti tl e insurance pol icy for the current owner of the property
immediately to the west of the City-owned parcel. Old Republic
erroneously identified the City property as owned in fee by the
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ALBERTVILLE CITY COONCIL
November 6, 1995
Page 6 of 9
landowner with the City holding an easement for road purposes.
Couri explained there is no practical difference between a City
owned and an easement road. Couri suggested the Council find out
what will potentially be needed for an easement and set a price on
what the City can or will sell. Since the CSAH 19/37 realignment
may require some of the land for right-of-way, Anderson made a
motion not to sell any of the Ci ty-owned property. Berning
seconded the motion. All voted aye.
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Couri reviewed the proposed amendment to the contract between
the City and Clarey's Fire Equipment for apparatus on the new
pumper truck. CI arey' s sub-contracted the apparatus work to
Braatz, which is now out-of-business. The chassis of the truck is
currently in Rochester, but no apparatus has been installed. The
contract with Clarey's called for a completion date in July of 1995
and incl udes a $100 per day in I iquidated damage penal ty if
del i very is not provided on the due date. Members of the Fi re
Truck Commi t tee have met wi th CI arey' s in Rochester and have
arrived at a list of additional equipment installed on the truck in
lieu of a total cash payment of damages.
Muyres made a motion to amend the contract with Clarey's to
incl ude the additional equipment requested by the Fire Truck
Commi t tee and an $8,000 cash payment in I iquidated damages.
Delivery of the completed vehicle is required within 90 days or by
January 31, 1996. Anderson seconded the motion. All voted aye.
Couri reported that the two property owners--Jim Hennum and
Clem/Bernard Marx--have refused to sign the agreement proposed by
the City to split the costs of correcting the drainage on the Marx
property. Hennum disagrees to the location and Marx objects to the
agreement because of the clause that releases the City from further
claims if the proposed solution does not work.
Ci ty Administrator Hal e expl ained that the Wright Soi I & Water
Conservation people have indicated that the proposed solution will
make very little difference because of the elevation of the culvert
under the railroad crossing.
Muyres made a motion to table further discussion and action on
the Marx drainage probl em indefini tel y. Anderson seconded the
motion. All voted aye.
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The Council reviewed the request from Meyer-Rohlin, engineer
for the Parkside 2nd Addition, to reimburse the developer for the
cost of repairing damages to the base coat. Attorney Couri stated
that Paragraph 10 of the developer's agreement requires the
developer to repair any damages to the streets.
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ALBERTVILLE CITY COUNCIL
November 6, 1995
Page 7 of 9
Potter made a motion to deny the claim of $6,100+ for repairs
to parkside 2nd Addition streets. Anderson seconded the motion.
All voted aye.
The Council discussed the establishment of a Task Force to
discuss the CSAH 19/37-1-94 ramp (Transportation study). The task
force will need to create a plan for what the City wants. If the
City wants the 1-94 ramp, the City will have to push for it. There
will be no need for expenditures at this time for the Task Force.
Berning made a motion to appoint Counci lmember Muyres and
Mayor Potter to the Task Force, with Councilmembers Anderson and
Berning as al ternates. Vetsch seconded the motion. Berning,
Vetsch, Anderson and Muyres voted aye. Potter voted no. The
motion carried.
Muyres made a motion to attempt to sell the City-owned
circulating pump and suction pump. Anderson seconded the motion.
All voted aye.
Dan Wilson, an associate of NAC, Inc., who has met with the
Ci ty' s CMIF group working toward a senior housing project, reviewed
the progress the group has made. Wilson asked at what level the
Ci ty would participate in financing or guiding the group. Ci ty
Engineer Carlson said the first step should be to determine if
there is really enough demand to justify the project. A market
analysis should be done in the City to determine the demand. Cost
of a market study could be from $5,000-$10,000. CMIF Group Member
Janet Berning indicated that unless land can be secured for the
pro ject there is no reason to proceed. Counci lmember Berning
stated he would not object to the City participating in a project
by using a TIF district.
Berning made a motion directing the administrator to work with
the CMIF group to determine how the CMIF $10,000 grant can be used
in the project and to attempt to find developers interested in
doing a senior housing project. Vetsch seconded the motion. All
voted aye.
Berning made a motion to appoint Councilmember Anderson as a
al ternate on the otsego Creek Authori ty. Muyres seconded the
motion. Berning, Muyres, Vetsch and Potter voted aye. Anderson
voted no.
Muyres made a motion to select the regular premium option for
the City's Worker's Comp Insurance at a cost of $5,338. Berning
seconded the motion. All voted aye.
At 10:40 PM Councilmember Vetsch removed himself from the City
Council. The Council discussed the request for reimbursement of
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ALBERTVILLE CITY COUNCIL
November 6, 1995
Page 8 of 9
costs associated with replacing 28' of defective curb in front of
Vetsch's house. The Council discussed the defective curb at their
meeting on October 3, 1994, and Vetsch agreed to share in the costs
of replacing the curb. The curbing was replaced in July of 1995.
Anderson made a motion to reimburse John Vetsch in the amount
of $320 (one-half of the total cost). Berning seconded the motion.
All voted aye.
Councilmember Vetsch returned to the Council at 10:45 PM.
Councilmember Anderson reported that the City of Otsego is in
the process of setting up a meeting to discuss curfews, probably
later this month.
Mayor Potter removed himself from the Council at 10:50 PM.
Potter reported that Les Cohen, the developer with the
interest in the Roden property, has an alternate plan for
developing the property that does not require a ramp on 1-94
immediately. Cohen is requesting that the City agree in writing to
working with the developer on wetland mitigation on the property.
Cohen is requesting assistance in overcoming the obstacles
presented by the wetlands on the property.
Councilmember Muyres feels this is an opportunity to increase
tax revenues to the City without creating a financial burden at
this time. Muyres made a motion to send a letter to Les Cohen
stating that the City agrees to work with him on the wetland issues
and to enhance the development of the property and to recommend
that he meet with the EDA to discuss specifics of what the City
needs to do. Anderson seconded the motion. All voted aye.
Mayor Potter returned to the City Council.
Potter reported that the Municipal Board is meeting on
Thursday, November 9 to make a determination on the
detachmant/ annexation question on the Kenco and D' Aigl e properties.
The Council directed staff to send out a 1996 recycling and
composting calendar to all property owners.
The Council considered the request from Wright County
Community Action to use the old City Hall building to administer
the W1C program on the Friday following the third Wednesday of each
month, from 8:00 AM - 4:30 PM. Anderson made a motion approving
the request from WCCA, contingent upon their agreement to be liable
for damages and cleaning. Muyres seconded the motion. All voted
aye.
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ALBERTVILLE CITY COUNCIL
November 6, 1995
Page 9 of 9
Anderson made a motion to adjourn at 11: 10 PM.
seconded the motion. All voted aye.
Muyres
/f/IUl! #It
Michael Potter, Mayor