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1988-05-02 CC Agenda/Packet• COUNCIL AGENDA MAY 2, 1988 I. CALL MEETING TO ORDER II. APPROVAL OF THE AGENDA * III. APPROVAL OF THE COUNCIL MINUTES IV. COMMUNITY FORUM 7:05 Joint Power's Update -- Approval of Resolutions pertaining to the WAC Fees 7:30 Ray Vetsch--Discussion on the Plan to tie the new sewer line into the existing line on 60th Street 8:00 Correction of the Daleiden Drainage Problem * 8:30 Bob and Bill Braun-- Developer's Agreement V. DEPARTMENT BUSINESS a. MAINTENANCE - Fence for Wastewater Treatment Facility - Project Updates - Clarification of allowable time at Council Meetings - Update on Mike's Injury b. LEGAL Sign Ordinance Amendment PPM (Smith Ackermann Developer's Agreement) Other Business COUNCIL AGENDA PAGE 2 C. ENGINEERING - Darkenwald's Development --Update - Other Business d. ADMINISTRATION - Income Received and Bills to be Paid - Planning Commission Vacancy - Maureen's Overtime - Cleanup of Beaudry's Property - Park Board Minutes - Other Business VI. MEMBER'S REPORT a. Donatus Vetsch--Community Center/City Hall Discussion --All Terrian Vehicles VII. OTHER BUSINESS - LEAGUE OF MINNESOTA CITIES UPDATE IS AVAILABLE VIII. MOTION TO ADJOURN COUNCIL AGENDA MAY 2, 1988 I. CALL MEETING TO GIRDER II. APPROVAL OF THE AGENDA * III. APPROVAL OF THE COUNCIL MINUTES IV. COMMUNITY FORUM 7:05 Joint Power's Update -- Approval of Resolutions pertaining to the WAC Fees 7:30 Ray Vetsch--Discussion on the Plan to tie the new sewer line into the existing line on 60th Street 8:00 Correction of the Daleiden Drainage Problem *. 8:30 Bob and Bill Braun-- Developer-s Agreement V. DEPARTMENT BUSINESS a. MAINTENANCE - Fence for Wastewater Treatment Facility - Project Updates - Clarification of allowable time at Council Meetings - Update on Mike's Injury b. LEGAL - Sign Ordinance Amendment PPM (Smith Ackermann Developers Agreement) Other Business COUNCIL AGENDA PAGE c, ENGINEERING * - Darkenwald`s Development --Update Other Business d. ADMINISTRATION - Income Received and Bills to be Paid - Planning Commission Vacancy - Maureen`s Overtime - Cleanup of Beaudryrs Property - Park Board Minutes - Other Business VI. MEMBERS REPORT a. Donatus Vetsch--("immunity Center/City Hall Discussion --All Terrian Vehicles VII. OTHER BUSINESS - LEAGUE OF MINNESOTA CITIES UPDATE IS AVAILABLE VIII. MOTION TO ADJOURN CITY OF ALBERTVILLE P. O. BOX 131 ALBERTVILLE, MINNESOTA 55301 PHONE: (612) 497-3384 COUNCIL MEETING MINUTES MAY 2, 1988 The regular meeting of the Albertville City Council was called to order by Mayor Loretta Roden. Council members ppresent included Bob Braun, Don Cornelius, Donatus Vetsch and Gary Schwenzfeier. Others present included Maureen Andrews, Bob Miller, Bob Sullentrop, Ken Lindsay and Lorie Villareal. The agenda for the evening's meeting was reviewed by the Council. A motion was made by Donatus Vetsch and seconded by Don Cornelius to approve the agenda. All were in favor and the motion carried. The Council minutes of April 18th were reviewed and a motion was made by Gary Schwenzfeier and seconded by Don Cornelius to approve the minutes. All were in favor and the motion carried. The Council next reviewed the Joint Power's resolution regarding the $200.00 increase in the Water Availability Charge (WAC). It had been clarified at an earlier meeting that it was the intent of the Joint Power's Board that these extra funds would be put aside for future growth to the system. Maureen informed the Council that Linda had called and informed her that the attorney for the Joint Power's Board said that before the resolution could take effect and the increase applied to the new --onnection charges that all the governing bodies would need to pass he corrected resolution. It was suggested that the City of #41bertville sign the first resolution, which does not specify what the money will be used for, in addition to the amended copy at the Council meeting and in turn each of the other Councils would approve the second resolution at their regular Council/Town Board meeting. It was pointed out that by doing this the City of Albertville would not have any assurance that the other cities would pass the second resolution and therefore the moneys could be used for the day to day operations of the system. It was pointed out that there was some concern regarding the new resolution regarding the lack of clarification regarding the following paragraph: In addition to the forgoing fee, the applicant shall pay $200.00 for each service connection. This additional $200.00 fee will be maintained in a separate fund to be used for future construction necessitated by additional demands on the system for new growth in the district. The point was raised that this amendment does not specify what types of future construction would qualify to use these set aside dollars. It was pointed out that the language should be limited to the expansion of the main system and not that of trunk line expansion because as Board members change the intent of the original resolution might be lost. It was pointed out that the City of Albertville has a vested interest in this clarification since this is the first city faced with installing new water trunk lines which is being financed through the City and not through the Joint Powers. It would be unfair if sometime in the future one of the other cities would request that trunk lines be extended into undeveloped areas at the expense of the entire ystem. As a result of this concern the following change to the asolution was recommended: In addition to the forgoing fee, the applicant shall pay $200.00 for each service connection. This additional $200.00 fee will be maintained in a separate fund to be used Make our City ........ Your Cite We invite Notne, Industry, Business for future construction OF NEW WATER STORAGE FACILITIES, WELLS AND PUMPS necessitated by additional demands on the system for new growth in the district. A motion was made by Bob Braun and seconded by Don Cornelius to forward to the Joint Power's Board the approved language to the pending resolution. All were in favor and the motion carried. With regards to the request that the City of Albertville sign the first resolution, pending the other cities passing the amended version, it was Bob Miller s recommendation that the City wait until a final version could be agreed on. Gary Schwenzfeier stated that it may be advisable for the Joint Power's to have a special meeting to formally approve the resolution in question. Mr. Andy Savitski was added to the evening's agenda. The Council was informed that he had purchased the S. Sieg property located between DJ's and Don Barthel's bus garage and is requesting City improvements which would include streets, water, sewer and storm sewer It was pointed out that Mr. Savitski is interested in having the work done as part of the 1996 bond issue which would require the waiving of the improvement hearings. It was pointed out that Mr. Savitski is the 100% property owner and is willing to waive any public hearings. Bob Sullentrop informed the Council that Meyer-Rohlin had met with Mr. Savitski and it appears that his plans would allow for the location of the lift station and force main to be relocated to the approximate location that was recommended in the study done earlier this year. It was pointed out the the location of the lift station had been only after it appeared that the City would not have accessibility to the preferred location. This development would allow the lift —Cation to go in on the south side of the railroad while at the same ime giving the Maintenance people accessibility to the equipment. Bob pointed out that at this time the plans would not be changed for the Darkenwald project but that the work could be added as part of a change order to the project, provided that the City decided to go ahead with the project. The Council was informed that in order for any work to proceed on the project that a call for feasibility would need to be called for. After hearing some further discussion on what would be done, a motion was made by Gary Schwenzfeier to order a Feasibility Report for sewer, water, streets and storm sewer by the next meeting in order to move forward with this as quickly as possible. Donatus Vetsch seconded this motion. All were in favor and the motion carried. Mr. Ray Vetsch Sylvester Barthel and Lee Kasper all residents from 60th Street in Albertville were present to discuss their concerns regarding the connection of the Darkenwald development into the sewer line on 60th Street until such time that the force main would be installed north of County Road 37. Ray Vetsch acted as the spokes person for the group. It was pointed out that these residents are concerned about the elevation of the lateral lines feeding into the sewer trunk on 60th Street and what impact the fact that additional sewer will be coming into this existing sewer line. It is the belief that there are several lots that have unusually flat laterals leading from the houses out to the main sewer line because of the shallowness of the same. The Council was informed that the residents are concerned with the r�ossibility of not having enough drop in their lateral lines to otect them from a backup into their basement in the event of a .ockage further down the line. Bob Sullentrop reviewed with the Council and the residents - Meyer-Rohlin's findings regarding this issue. The survey team had )een out and had conducted a survey of the sewer main and the most westerly home on the north side of 60th Street (this being the home that should have the least amount of drop in their lateral line because this is where the sewer line is the most shallow.) It was pointed out that at this location the existing sewer line has a basement elevation of 3.5 feet therefore assuming that the remaining lots should have a equal to or greater then degree in drop for the lateral line. There was additional discussion regarding the size of the pump being used in the lift station and whether or not that it will force to much waste through the line that is will not be able to handle it, causing a potential backup. It was explained that even though the lift station was being fitted with two 175 gpm pumps one will serve as a standby pump in the event that the other becomes none functional. Ken Lindsay pointed out at this time that the 175 gmp is really the rating on the pumP and that typically the pump will only run from a couple minutes a nOur. The engineer also pointed out that the controls that the lift station are being equipped with can be adjusted so that they run at a lower run time. It was also pointed out that the only problem Ken remembers having with this line was a plug up caused by lack of flow rather than to much flow. It was Pointed out by the Engineer that the additional flow will act as self scouring line, keeping the line free of potential buildup which could result in a backup. Ken pointed out the City would be relieving some of the potential for problems by installing a basket into the liftstation which will collect those materials too large to safely go through the sewer system without plugging the line. In addition, it was pointed out that the City could undertake the cleaning and jetting of the 60th Street sewer line on an annual basis just as we do with Main Avenue to —educe the probability of the line becoming blocked. And finally, in ie event that a restaurant would be located so that it feeds into the mainline, the City could require that an approved degreaser be used as part of a pretreatment to waste as well as not allowing scraps to be introduced into the line. Ray Vetsch pointed out that he did not disagree with the fact that the sewer line is large enough (6 inch) to handle the additional flows being introduced into the line, he again pointed out that the major concern is that of the elevation and degree of slope to the existing lateral lines and whether or not the City would take the responsibility of covering the expenses of damages that could be incurred as the result of a backup. It was pointed out that a City does not have to take the responsibility for expenses if they can prove that steps were taken to reduce the potential damages (i.e. scheduled cleaning and jetting of known problem areas,) At this time in an effort to resolve the issue, Bob Sullentrop said that Meyer-Rohlin would be willing to come out and survey the basement elevations of the houses that could have problems in the future, provided that the survey crew could get access into the basements to do the work required. The residents present indicated that they would be willing to allow Meyer-Rohlin in to complete the work, Bob Sullentrop told the residents that he would get in touch with them regarding the date and time the work would be completed. One last issue pointed out regarding this issue is that the new lift station will be equipped with an alarm system that will notify the maintenance people of problems, which may reduce the chance for problems. No action was taken on this matter at this time, but Bob Sullentrop will report Meyer-Rohlin's findings back to the Council and the property owners at the next meeting. The Council was updated on the Paul and Jane Daleiden's drainage problem resulting from the fact that their builders constructed the house at an elevation that the garage floor does not have a positive lope to the street. The Council was informed that the homeowners and he builders had completed arbitration hearings. It was the finding of the arbitrator that the builders were found to be responsible for the the problem and are required to fix the mistake in a method that they believe is acceptable to correct the problem. The purpose for the Council's involvement in the matter is that the builder still proposes the solution of the french drain to move the water away from the driveway. The Council recalled that in earlier discussions they had acted to deny the installation of french drain system because of the potential problems which could result in the subsurface of the road bed. The Council was informed that it is the intent of the builder to install the french drain in the yard of the Daleiden's stopping short of the City's 11.5 easement with the assumption that the water will not effect the street road bed. It was pointed that the Engineers are concerned with the fact that because water tends to take the course of least resistant coupled with the fact that the street has had new materials installed that there could be a great potential for substructural damage occurring over a period of years and that the City may not have any recourse for covering the expenses incurred in making a major repair. The Council indicated that it is still their feeling that a french drain is not an acceptable solution from the standpoint of the City streets and therefore should not be installed. There was some discussion regarding the builder, the homeowners and attorneys being at the next meeting of the Council in an effort to resolve the problem. Gary Schwenzfeier pointed out that unless the builder is able to come up with a different solution to the problem that there is no need for them to come to the meeting because the Council had determined that that french drain is not acceptable. It was agreed -that in the event that the builders decided to correct the problem via different route, which would require City approval then the City ill need to meet with the builder to review the plans of correction. A deputy from the Wright County Sheriff's Department was present at the evening's meeting. It was suggested by the deputy that Maureen get the schedule of events for Albertville's Friendly City Days to Don Hozempa at least six weeks before the events take place so that the Sheriff's Department can do their scheduling. The issue pertaining to all terrain vehicles (ATV's) was next discussed. The Sheriff's deputy told the Council that all terrain vehicles are legal to operate as long as the operator is a licensed driver and the vehicle is properly licensed with registered stickers. Traffic laws must also be obeyed. The Council was told that the DNR (Department of Natural Resources) covers the regulations and that ATVs can be ridden, unless an ordinance pertaining to ATVs states otherwise. The deputy went on to say that the ridingg of ATVs is hard to enforce and that all cities have problems. Donatus asked if the Sheriff's office had been authorized to purchase an ATV to use for enforcing purposes. The deputy stated that he was not aware of any plan to purchase equipment in the near future. Donatus then asked if the City have received any information regarding the same and Maureen informed him that nothing had come through her office. The deputy suggested that if the City had any additional questions regarding the use of ATVs and the licensing requirements that we get a hold of Mr. Tom Kiellberg, who is the conservation officer for the County, who would have more information pertaining to the matter. It was the deputy's suggestion that the City adopt an ordinance pertaining to the control of all terrain vehicles. The minutes should also note that a Council member brought to the ,,neriff's deputy's attention that the traffic control at accidents has been lacking, with the example given of the fatality Saturday before on 60th Street. The Council member felt that this matter should be brought to the attention of the Sheriff's Department and that some steps should be taken to eliminate the problem in the future. It was pointed out that the lack of traffic control provides an unfavorable reflection on the Sheriff's Office, the City's Fire Department and the City as a whole. In addition, it opens the door for additional accidents or injury. The Developer's Agreement for Braun's Addition was included in the Council packet for review. Bob Braun had no corrections or problems with the Developer's Agreement. Being there was no conflict, Don Cornelius made a motion and Gary Schwenzfeier seconded it to approve the Developer's Agreement for Braun's Addition All were in favor and the motion carried. The minutes should note that Bob Braun abstained from voting as this is the Developer's Agreement for his plat. The first issued discussed from the Maintenance department was the possibility of installing a new fence or some type of guard rail system around the dikes at the Wastewater Treatment Facility. Ken reported to the Council that there has been driving on the dikes again as there is fresh tracks. It was pointed out that the Sheriff's Department has also received some complaints regarding the same. The Council was reminded that there has been trouble on all three sides in the past but was informed that most of the damage is now occurring on the east and south sides of the dikes now. At an earlier meeting Ken had been asked to get information regarding the costs associated with the installation of fence or guard rail system. Ken informed the Council that in checking with the County he found that they do not have short round poles available, only square. The County's cost is $9.50/foot for guard rail and post. The lumber yard in St. Michael has 8 foot treated posts, 6-7 inches in diameter available, at a cost of $8.28 per post. Ken has figured that he will need approximately 130 posts to do up to the field and two sides. The posts would be positioned 18-20 feet apart with 1 strand of wire fence cable. Each of the posts must have a reflector. Cable is available at $.20 a foot and comes in 800 foot rolls for the 1/2" or 5/8" size. Cable is available for $.25 a foot for lesser quantities. Ken has figured that it will take about 1600 feet of cable to complete the job. Discussion also included the possibility of using used telephone or power poles, however, they are expensive and are not treated. It was pointed out that the treated guard rail posts are State approved and last longer. Ken gave an estimate of $1500.00 in costs plus labor. There was some discussion about using restitution workers for the labor, but it was pointed out that the City does not always get the worker and that the City would need to first determine what is "fair" in restitution work. It was also suggested that perhaps we should bid to move the upper fence down as it may be easier to maintain and mow. Nearing no further discussion it was decided that Ken will get a price on material and installation costs. Ken informed the Council that the crack sealing is now finished. This year the City used 3000 pounds of cracking sealing material. Last year the City used 2400 pounds. The work at the park to get it ready for softball activities has been completed. Dennis Fehn has been contacted for the gravel at the dikes and the gravel will be forthcoming. Pond 3 met all the limit requirements and Ken was given permission from the PCA to discharge. Pond 1 will then be transferred into Pond 3 and prepared for discharge. Results of samples taken April 24th on Ponds 1 and 2 did not meet the limit requirements and will have to be treated. Pond 1 came in at 4.89 and Pond 2 at 3.49. Pond 3 came in at .50 which is under limit. Ken asked permission from the Council to sell an old bucket that belonged to the tractor. The City has not used it for about 12 years and someone would like to purchase it. It was agreed that since the City never uses the bucket, to go ahead and sell it for as much as possible. Ken again brought to the Council's attention that perhaps arrangements should be made to have the garbage dumpster emptied the following morning after functions at the City hall. There appears to be too much garbage to fit into the dumpster and dogs are getting into it. Discussion included the fact that the overflow of garbage does not happen too often and the City would be charged extra for the additional pick up. No action was taken. The clarification of allowable time at Council meetings was tabled until the next meeting. An update on Mike's injury included the fact that Mike will be seeing his regular doctor this week. He will be available next week for light duty with restrictions on what he can do given from the doctor. The Sign Ordinance Amendment was tabled until the next meeting. The Smith Ackermann Developer's Agreement with PPM was tabled until the next meeting. The signed Darkenwald Developer's Agreement was included in the Council packet for the Council's review. Bob sullentrop informed the Council that the WESTWIND PLAT and the plans and specifications were submitted to the County last Tuesday. Some changes may be forthcoming. Maureen informed the Council that the County Board would be reviewing the WESTWIND PLAT on Tuesday morning at 9:05 a.m. The topic of discussion regards drainage of the Darkenwald project into County Ditch #9. Maureen will update the Council once additional information is available. Bob Sullentrop stated that the County engineer's office also have some concern regarding the driveways coming off of County Road 35 on the Braun Addition, but informed the Council that nothing had been resolved regarding the matter. The income received and the bills to be paid were reviewed by the Council. It was brought to the Council's attention by Ken Lindsay to not pay the $235.70 bill from Dennis Fehn Gravel as this was for the aglime for the softball fields and the Park Board wants the ball teams to pay for this. Hearing no other comments, a motion was made by Bob Braun and seconded by Don Cornelius to approve the bills. All were in favor and checks 8660 through 8698 were paid. The next issue discussed was the vacancy on the Planning Commission. Don Berning plans to stay on for awhile yet so there is one vacancy to be filled. Some discussion was heard about whom should fill the vacancy. Both Duane Sweep and Kevin Mealhouse are competent enough to hold the position. It was suggested that the applications should be updated and —`he person waiting the longest should be chosen to fill the vacancy nd the other person fill in as an alternate. The alternate would not vote unless a regular member of the Commission is not available to vote. Don Cornelius made a motion to have Duane Sweep as a Planning commission member and Kevin Mealhouse as an alternate. Bob Braun seconded this motion. All were in favor and the motion carried. Maureen's overtime calendar was available to the Council for their review. Maureen commented that she will not come back in a month and ask to be ppaid for these hours. However, she did want the Council to be aware of tier overtime. Cyril Beaudry has now decided that their propPerty on Barthel Industrial Drive can be cleaned up and posted if the Cit wants to do the work. Whatever the Council decides, Beaudry's will not be opposed. There was some discussion as to when the work should be done as this is the first image to incoming people to the City of Albertville. A cat will be hired to do the work (at an approximate cost of $75.00 per hour) just prior to Friendly City Days in June. Ken will order three signs (at $11.00 a piece) that will state NO DUMPING ALLOWED to be posted after the land is leveled off. There was no further discussion. Mike Potter had the Park Board minutes available for the Council. A copy of the minutes will be included in the next Council packet. Bob Miller presented a signed Minnesota Strikers soccer ball to Maureen. The City has been asked to donate to the St. Michael -Albertville Senior Graduation party. Donatus Vetsch made a motion to donate $100.00 to the graduation party. Don Cornelius seconded this motion. All were in favor and the motion carried. It was agreed that a letter should be sent to Hordis Bros. pertaining to their delinquent sewer bills. Donatus Vetsch updated the Council on the money the Lions have Available. The Lions have agreed to donate $10,000.00 to the Fire Department for a new Rescue Van. The Lions want to know what the City has in mind and see some sort of plans drawn up before they turn any of their money over to the City to invest. It was agreed, after hearing some discussion that the emphasis should be put on a Community Center and not a City Hall. If when it comes time to build the Community Center it appears that City offices could be incorporated into the Center that it could then be reviewed by all those involved. It was also suggested that the Lions be sent a Thank You letter from the City for the new kitchen sink and cupboard they had put in at the City Hall. Maureen was asked to contact the County Engineer regarding the "Yield" sign that was place in the wrong location to find out when it will be corrected, since the sign was installed as part of the county sign program. Mark Barthel's driveway was discussed because he still has not installed the new curb that was removed when the driveway was put in. As a result, the street is getting the runoff of any wash outs. The owners were sent a letter last fall noticing them to make the repair, however nothing was done about it. Maureen will send another letter requesting that the work is done prior to the time that the street improvements begin. There was no other business so a motion to adjourn was made by Donatus Vetsch and seconded by Don Cornelius. All were in favor and the motion carried.