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1998-06-01 CC Minutes . ALBERTVILLE CITY COUNCIL June 1, 1998 Albertville City Hall 7:00 PM PRESENT: Mayor Mark Olsen, Councilmembers Robert Gundersen, Patti Stalberger, Duane Berning and John Vetsch, City Administrator David Lund, City Clerk Linda Goeb, City Engineer Pete Carlson and City Attorney Mike Couri Mayor Olsen called the regular meeting of the Albertville City Council to order. The agenda was amended as follows: · Add Item 6d(6) - Joint Powers Water Board - Report (Councilmember Vetsch) · Add Item 6d(7) - Letter from Albertville Lions regarding park shelter · Add Item 5c(2) - Discuss rebuilding proposal for Bob Heuring Berning made a motion to approve the agenda as amended. Gundersen seconded the motion. All voted aye. . The minutes of the May 18, 1998, meeting were amended on Page 3, Paragraph 1, to read "contingent upon Wright Soil & Water Conservation District's approval of the Svoboda wetland delineation report. Stalberger made a motion to approve the minutes as amended. Gundersen seconded the motion. All voted aye. Mayor Olsen asked if anyone present in the audience wished to address the City Council. No one present addressed the Council. Vetsch made a motion to approve the Financial Statement for the period May 18 - May 27 as presented. Gundersen seconded the motion. All voted aye. Vetsch made a motion to approve payment of Check #'s 10578 - 10597 as presented. Gundersen seconded the motion. All voted aye. Vetsch made a motion to accept the WWTF Monthly Operations Report for the month of April 1998. Gundersen seconded the motion. All voted aye. Vetsch made a motion to approve a 3.2 Non-Intoxicating Malt Liquor License for the Albertville Jaycees at the City Park on June 12, 13 and 14. . Gundersen seconded the motion. All voted aye. . ALBERTVILLE CITY COUNCIL June 1, 1998 Page 2 of5 Vetsch made a motion to approve a 3.2 Non-Intoxicating Malt Liquor License for the Albertville Lions at the Lions Shelter on June 12, 13, and 14. Gundersen seconded the motion. All voted aye. Berning made a motion to adopt the City Council Findings of Fact and Decision, granting Pat's 66 a variance from the setback requirements, allowing a curb cut 36' from CSAH 37. Vetsch seconded the motion. All voted aye. Stalberger made a motion to adopt the City Council Findings of Fact & Decision, granting a Conditional Use Permit to allow a secondary structure on the Jeff & Kim Flaten property located at 5687 Main Avenue NE. Variances to allow a seven-foot side yard setback, a five-foot rear yard setback, and a 430 square foot variance from the accessory area limitation are also approved along with the CUP. Gundersen seconded the motion. All voted aye. . Stalberger made a motion to adopt the Findings of Fact & Decision, granting a Conditional Use Permit to Donald Savitski to construct and operate a two-lane automated car wash in a B-3 zoned parcel at the intersection of CSAH 19 and CSAH 37. Vetsch seconded the motion. All voted aye. City Engineer Pete Carlson reviewed the plans for the 1998 Street Overlay and Trail Construction Project. The estimated cost for the street overlay project is $50,000 and the estimated trail construction cost is $70,000. The trails to be constructed are in the Parkside 3rd Addition and along Barthel Industrial Drive. The Council requested that the overlay along the curve of Barthel Industrial Drive be imprinted to encourage slower traffic. Stalberger made a motion authorizing the city engineer to advertise for bids for the 1998 Street Overlay and Trail Construction Project. Vetsch seconded the motion. All voted aye. Carlson reviewed the Feasibility Study for the construction of 57th Street from CSAH 19 east to St. Albert's Church. An 8" sewer main will be installed on each side of the existing 12" sewer line. A 12" water main will be installed to the east from the 16" water main on CSAH 19. The street will be 45' from the back of the curb to the back of the curb with an 8' trail on the south side of the street. The heavier pavement section will be used due to the soil conditions. The street . will be constructed to a 9- Ton standard with drain tiles at the low points. The total . ALBERTVILLE CITY COUNCIL June 1, 1998 Page 3 of 5 estimated cost of the project is $446,390. The total figure includes a 15% contingency and estimated legal and bonding costs. The project spans 1830 lineal feet assessable on both sides of the street. Cost per lineal foot is $112.60. Should the City purchase the 13-acre parcel from Marx, the City's share of the assessment would be $63,056 and the assessment on the remaining property would be $128,054 (excluding the $221,000 land purchase/ donati on). Stalberger made a motion to accept the Feasibility Study on the 57th Street Construction Project but to table further action at this time. Gundersen seconded the motion. All voted aye. Carlson reported that the developer for the property between School and Mud Lakes does not appear to be proceeding at this time. Consequently plans and specs for the sewer and water main extension have been slowed. . Carlson reported that the Savitski Drainage Ditch Project should be completed by the end of the week. Councilmember Berning expressed his displeasure with having open water at the site. Carlson explained that the culvert installed by the County is lower than the culvert under the railroad tracks and this requires that a portion of the ditch remain open for water to collect. Carlson also advised the Council they might wish to consider a graduated sewer and water rate to encourage water conservation. The Council directed Carlson to contact area communities to determine their rate systems. Vetsch made a motion authorizing the city engineer to prepare a study for the extension of sewer and water to the southwest quadrant of the city. Gundersen seconded the motion. All voted aye. . City Attorney Couri reviewed the draft of the Vacant Land Purchase/Donation Agreement and the Addendum to PurchaseIDonation Agreement for the 13 acre Marx parcel. The Marx's attorney has received a copy of the draft but has not yet commented. The agreement calls for the City to construct 5ih Street from LaBeaux Avenue (CSAH 19) east to the church, in exchange for the 13 acre parcel the City would use for additional park land and a fire hall site. The City would credit Marx with approximately $221,000 ($17,000 per acre) toward the assessments the property would normally be charged. Marx . ALBERTVILLE CITY COUNCIL June 1, 1998 Page 4 of5 would agree to pay assessments in the maximum amount of $128,054, based on the figures presented in the Feasibility Study. The City would pay the assessments charged to the 13-acre parcel, in addition to the costs of upgrading 57th Street from a 7-ton standard to a 9-ton standard. Couri advised the Council that in the case that bids for the construction of 5ih Street exceed the $353,258 figure anticipated in the Feasibility Study, a clause should be added in the Purchase/Donation Agreement giving the City 60 days to consider voiding the agreement. Mayor Olsen expressed the opinion that the land price and the construction cost projections are too high. . Stalberger made a motion to approve the Vacant Land Purchase/Donation Agreement and the Addendum to Purchase/Donation Agreement with the addition of the clause giving the City 60 days to consider voiding the agreement if the bids for the construction of sih Street exceed the Feasibility Study projected costs. Vetsch seconded the motion. Stalberger, Berning, Gundersen and Vetsch voted aye. Olsen voted no. The motion carried. City Administrator Lund explained that Bob Heuring lost a building during the storm on May 15. He wants to replace that building with a larger structure. Heuring's property is zoned R-lA and the farm operation is a legally non- conforming use. According to the city's zoning ordinance, a non-conforming structure can be replaced as it previously existed if less than 50% of the structure is damaged. However, if more than 50% of the structure is damaged, a non- conforming structure cannot be rebuilt without a variance. Heuring told the city administrator that he intends to proceed with the construction of the larger building without a variance. The Council directed the administrator to notify Heuring immediately that he will be in violation of city ordinance should he proceed to construct a larger structure than what had existed and to inform Heuring of the process he must follow to secure a variance. . Lund reported on the one bid received for the reroofing and siding of City Hall. Buysse Roofing of St. Cloud presented the only bid and it was higher than the engineer's estimate. Lund recommends that the Council reject the bid, adjust the specifications and rebid the project. . . . ALBERTVILLE CITY COUNCIL June 1, 1998 Page 5 of5 Gundersen made a motion to reject the bid from Buysse Roofing of St. Cloud and to authorize a revision of the specifications for the reroofing and siding of City Hall and rebid the project. Vetsch seconded the motion. All voted aye. The Council reviewed the invoice from PSG for Repair and Maintenance overruns and Capital Expenditures in the amount of $13,179.00. Since the PSG representative was unable to attend the meeting to explain the charges, Mayor Olsen tabled further discussion of the charges until the next meeting. Olsen made a motion to leave the compost site open to the public on a continuing basis until further notice and to authorize the purchase of signage indicating what materials can be composted. Berning seconded the motion. All voted aye. Councilmember Vetsch expressed concerns with the location of the proposed horseshoe pits at City Park. He feels that players may be in danger of being hit by home run balls from the softball field. The Council took no action on relocating the horseshoe pits. Administrator Lund reported that he is waiting to hear back from Rod Fraser regarding the date for rescheduling an EDA meeting. Councilmember Vetsch discussed some concerns with the restructuring of the Joint Powers Board. The Council concurred to stand by the Concept Plan previously adopted by the Council. The Council accepted a letter from the Lions Board of Directors expressing their concerns over skateboarding at the Lions Shelter. Administrator Lund reported that Ken Lindsay was able to secure free dirt to fill the ditch area along CSAH 37 and Main Avenue. City Engineer Peter Carlson and the SEH inspector were also able to secure free fill for the Oakside Park area. B9fitng made a motion to adjourn at 10:00 PM. , mutioo/ All vote<}ilye. L /l, ( &/ ; '.-' ./:/j'A i.tf1 /,~I f ( K _ Lmda Goeb, City Clerk Gundersen seconded the Mark S. Olsen, Mayor