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1996-10-07 CC Minutes . AI..BER!YILLE CIn COURCIL October 7, 1996 Albertville City Ball 7:00 PM PRESENT: Mayor Michael Potter, Councilmembers Curt Muyres, Duane Berning, John Vetsch, and Sharon Anderson, City Administrator Garrison Hal e, Ci ty Cl erk Linda Houghton, City Engineer Peter 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: Add Item 6k - Rental of excess WWTF agricul tural 1 and to Zimmer Brothers Add Item 8h - Report on meeting at Primary School to discuss a joint project Delete Item 8e - Recommendation from Planning Commission to deny rezoning of 60th Street residential properties from R-3 to B-4 Anderson made a motion to approve the agenda as amended. Berning . seconded the motion. All voted aye. Mayor Potter opened the public hearing to consider the assessment of the North Frontage Road Sani tary Sewer Extension Project at 7:02 PM. Ci ty Engineer Pete Carl son presented an overview of the project, which consists of an eight inch (8") main extending the length of the frontage road and jacked under County Road 37. The project benefits five parcels at a cost of $90,205.50. Assessing 100% of the project costs results in an $18,041.10 assessment to each of the five benefitting parcels. Mayor Potter asked for public comment. Tom Schany, who is in the process of purchasing two of the five benefitting parcels, asked the Council how to proceed with getting water across the freeway to serve these properties. He feels the $18,000+ assessment on each lot is high, particularly when water is unavailable. . Mayor Po.tter explained that the casing under the freeway is misaligned and it is impossible to thread a 16" water main through the casing. A smaller diameter pipe could possibly be threaded through the casing, but it is not known at this point whether a small er pipe wi 11 adequatel y serve the area. Joint Powers is currently working on a Comprehensive Water Plan that will help determine where future wells and towers will be necessary. . ALBERTVILLE CITY COUNCIL October 7, 1996 Page 2 of 7 Ed Hackenmueller asked if the state would be willing to pay for the damage to the casing. The Council explained that MNDOT has not admitted responsibility for the damage. John Gries told the Council that the property owners have met privately and have agreed to be assessed for 100% of the project cost if the City elects to proceed with Option 2, which extends the 8" main from the existing manhole to the westerly border of the Hackenmueller property. Project cost for Option 2 is $58,066.00. Gries further explained that the property owners have agreed on an assessment that is not evenly divided between the properties. The agreed upon assessment is as follows: PARCEL ID NO. OWNER OF RECORD TOTAL ASSESSMENT 101-500-364304 John Gries $11,500.00 101-500-361401 John Gries $11,500.00 . 101-500-364401 Steve Birkeland $15,000.00 101-500-361403 Vernon & Agatha Hackenmeller $20,000.00 ---------- ---------- TOTAL $58,000.00 Ed Hackenmueller stated that he agrees to be assessed $20,000. Administrator Hale stated the City did not receive any written objections to the assessment. Berning made a motion to adopt RESOLUTION '1996-60 tit I ed RESOLUTION ADOPTING ASSESSMENT FOR NORTHEAST SANITARY SEWER IMPROVEMENT PROJECT. Muyres seconded the motion. All voted aye. Anderson made a motion confirming the bid award for the North Frontage Road Sanitary Sewer Project to Widmer Construction. Vetsch seconded the motion. All voted aye. Vetsch made a motion to approve the minutes of the September 3, 1996, regular meeting, the minutes of the September 4, 1994, special meeting and the minutes of the September 16, 1996, special meeting as presented. Anderson seconded the motion. All voted aye. . Vetsch made a motion to approve payment of Check #10439 - Check #10482 as presented. Muyres seconded the motion. All voted aye. Mayor Potter asked if anyone in the audience wished to address the Council under Community Forum. . . . ALBERTVILLE'CITY COUNCIL October 7, 1996 Page 3 of 7 Keith Franklin, of Franklin Outdoor Signs, presented Councilmember Anderson with a sketch of the design for the Westwind Park sign for consideration. Lee Kasper told the Counci I there is about 8" of si It approximately five feet back from the culvert along the railroad behind his property. The public works department personnel will check the area and remove the silt to allow Kasper's yard to drain. Muyres made a motion to approve the Financial Statement for August and September as presented. Anderson seconded the motion. All voted aye. Muyres made.a motion to approve the Follow Up Sheet from the September 3, 1996, meeting with the City's costs involved with the Barthel Industrial Drive lot listed for sale. Anderson seconded the motion. All voted aye. Muyres made a motion to approve the Department Report for August and September. Anderson seconded the motion. All voted aye. Muyres made a motion to approve the Wastewater Treatment Facility Monthly Operations Report for August 1996 as presented. Anderson seconded the motion. All voted aye. Muyres made a motion to reschedule the joint meeting with the Planning Commission for the purpose of discussing the Comprehensive PI an to October 14, 1996, at 7: 00 PM. Anderson seconded the motion. All voted aye. \ Muyres made a motion to accept a $350 donation from PSG for a park bench and the $1,618.80 donation from the Albertville Jaycees for picnic tables~ Anderson seconded the motion. All voted aye. Muyres made a motion to approve the increase in the monthly contract with Wright Recycling to $978.48 per month. The increase is a result on the additional residences annexed into the City. Anderson seconded the motion. All voted aye. Muyres made a motion approving the MPCA 1996 Annual Eval uation and Planning System results. Anderson seconded the motion. All voted raye. Muyres made a motion to approve the letter from Radzwill & Couri to the Wright County Commissioners in regard to the excess TIF funds to be returned. Anderson seconded the motion. All voted aye. . ALBERTVILLE CITY COUNCIL October 7, 1996 Page 4 of 7 Muyres made a motion to adopt RESOI.UTION '1996-58 ti tIed RESOLUTION ESTABLISHING CONSULTANT UTILIZATION GUIDELINES. Anderson seconded the motion. All voted aye. Muyres made a motion to approve an agreement wi th Zinuner Brothers to rent the excess agricultural land at the wastewater treatment site at a cost of $950 per year. Anderson seconded the motion. All voted aye. City Engin~er Carlson reported that he is continuing to work on securing a permit from Burlington Northern to replace the culvert under the railroad tracks. He prefers to have the work done next spring. Carlson reported that NSP has two designs for street lights that are at no additional cost to the City--the cobra style and the lantern style. The cobra style sheds more light but is a utility pole. The lantern style is more attractive but does not give off as much light. There are other street light styles available from . NSP at an extra charge. Muyres made a motion to have the cobra style street lights installed in the Parkside 3rd Addition and to direct the engineer to get information on other styles that may be more aesthetic but that give off more light than the lantern style. The design of the street light will be incorporated into future developer agreements. Berning seconded the motion. All voted aye. Engineer Carlson told the Council that there is a problem with the phosphorus removal at the wastewater treatment plant. PSG has submitted a letter outlining a testing program they want to initiate to determine the amount of phosphorus entering the facility. Carlson reconunended that Council approve the testing program proposed by PSG and to proceed to notify the MPCA that the Cit~ is aware that a problem eX1S~S ~na~ may. prevent the City from meeting phosphorus limits during the winter months and are working to correct the problem. Muyres made a motion authorizing the engineer and PSG proceed with testing to determine the amount of phosphorus entering the pI ant and to noti fy PCA of the potential probl em wi th meeting limits. Anderson seconded the motion. All voted aye. . Muyres made a motion to approve ORDINANCE '1996-21 titled AN ORDINANCE PROVIDING FOR THE IMPOSITION OF CHARGES FOR THE USE AND AVAILABILITY OF, AND CONNECTION TO, WATER FACILITIES, PURSUANT TO MINNESOTA STATUTES, SECTION 444.075. Anderson seconded the motion. All ,voted aye. . Muyres made a motion to approve the City spending up to $3,000 from the storm water fund to resolve the drainage problem with ditching and piping as proposed in exchange for the Marx's signing a release from 'further liability related to 54th street. Anderson seconded the motion. All voted aye. Couri reported there is a problem with the Shirley Peterson property title going back to 1986 when the City and the Peterson's agreed to a land swap that was not completed. Councilmember Muyres asked Couri for the most cost-effective method of resolving the issue. The vacation of Lambert Avenue would pe the simplest. Muyres made a motion to table indefinitely any further action on the Peterson property issue at this time. Anderson seconded the motion. All voted aye. Muyres made a motion to approve a temporary sign permit for the STMA Youth Hockey to locate a sign on Pat's 66 property for a not to exceed one year period. Anderson seconded the motion. All voted aye. Anderson made a motion to approve ORDINANCE '1996-20 titled AN ORDINANCE AMENDING ORDINANCE 1987-3, THE ALBERTVILLE ORDINANCE, WITH RESPECT TO SIGNS FOR/INSTITUTIONAL USES as amended by deleting Paragraph (d),(2). Muyres seconded the motion. All voted aye. . Mayor Potter moved to di~cussion of the request to rezone the Vetsch Custom Cabinet property from B-4 to PUD. Councilmember Berning stated he would abstain from the discussion and vote on this matter due to a potential conflict of interest. Attorney Couri advised the Council that a PUD Agreement should be included with consideration of the rezoning request. At this point the Council should indicate whether or not they are opposed to rezoning the property PUD before time and money is expended in drafting a PUD agreement. The consensus of the Council is that the PUD rezoning would be acceptable if a PUD agreement is drawn. Muyres made a motion to approve the relocation of WWTF reading equipment at a cost of $1,187 from the Sewer Revenue Fund. Anderson seconded the motion. All voted aye. The Council expressed interest in possibly participating in the proposed Wright County/Humane Society contracted agreement for impounding dangerous animals. . Engineer Carlson explained that he and the administrator have met with the Primary School Principal to discuss a possible joint project which would benefit both the City and the school. The City would use the eastern portion of the current ag land for storm ALBERTVILLE CITY COUNCIL October 7, 1996 Page 7 of 7 . . . ALBERTVILLE CITY COUNCIL October 7, 1996 Page 5 of 7 Muyres made a motion to approve a reduction in the letter of credit for Parks ide 3rd Addition in an amount to be determined by the City Engineer up to but not to exceed a reduction of $410,000. Anderson seconded the motion. All voted aye. Potter made a motion to release the letter of credit held by the city as agreed to in the Developer's Agreement for the Hardwood Ponds 2nd Addition because more than 75\ of the assessments have been paid to the City. Muyres seconded the motion. All voted aye. Anderson made a motion to approve the AMENDMENT TO AGREEMENT DATED AUGUST 1, 1977, AND AHENDMEBTS REGARDING RESTRUCTURING OF BOARD MEMBERSHI P AND PROCEDURE AND AHEHDMEHT OF BOARD NAME OCCASIONED BY THE UREXATION OF FRANKFORT TOWNSHIP as presented by the Joint Powers Board. Muyres seconded the motion. All voted aye. Based on the attorney's op1n1on that the terms of the real estate contract in regards to securing a willing and able buyer for the water tower lot have been met, Potter made a motion to release Check #10385 to Christian Realty. Vetsch seconded the motion. All voted aye. City Administrator Hale reported that an ad had been run for bids for snowplowing. The City received no bids. The Council discussed how to proceed. Mayor Potter explained that another plow truck is essential for in-house plowing, as well as additional help to operate the plow. Muyres made a motion to a~thorize the Public Works Committee to look at a plow truck offered for sale by another city and to report back to the Council, to direct the administrator to place an ad for part-time seasonal workers for snow plowing, and to direct the administrator to attempt to sub-contract some of the City's plowing. Berning seconded the motion. All voted aye. Anderson made a motion to approve RESOLUTION '1996-59 titled ESTABLISHMENT OF A CAPITAL IMPROVEMENT PLAN as amended. Muyres seconded the motion. All voted aye. City Attorney Couri reported that he, along with the engineer and the administrator, had met with Bernie and Clem Marx to view the drainage concerns from the Psyk 4th Addition onto the Marx property. All were in agreement that water from that development drains directly onto the Marx property. ALBERTVILLE CITY COUNCIL October 7, 1996 Page 6 of 7 l . . . water management and the western portion of the property could be jointly developed into ball parks or playground. Carlson is looking for guidance from the Council on how, or if, he should proceed. Muyres made a motion directing the engineer to develop a conceptual plan for the project at an approximate cost of $200 and present it to the Council for consfderation. Vetsch seconded the motion. All voted aye. Councilmember Anderson reported that the sign for the Westwind Park should be in place by October 15th. The engraving on the park benches should also be completed by then. Mats making the park assessable for the handicapped will be installed in the spring. The meeting adjourned at 10:00