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1991-04-15 CC Agenda/PacketALBERTVILLE CITY COUNCIL AGENDA April 15, 1991 I. CALL MEETING TO ORDER II. APPROVAL OF THE AGENDA III. APPROVAL OF THE MINUTES * April 1, 1991 * April 10, 1991, Work Meeting IV. COMMUNITY FORUM * Jerry & Mickey Baron, 11550 51st Street NE - Drainage problem from Hardwood Ponds addition * Robert Drewelow, 6174 Kalland Drive NE - Wants to build a storage shed on his property in Westwind Phase I addition V. DEPARTMENT BUSINESS A. MAINTENANCE - Contract with Otsego for annual blading of the road by the ponds B. FIRE DEPARTMENT - Hepatitis shots for firemen C. LEGAL D. ENGINEERING E. PLANNING & ZONING - Sue Peterson - request for CUP to operate antique business - Ken Lindsay - variance request for storage shed - Westwind Phase II preliminary plat F. ADMINISTRATION - Sewer/Storm Water billing in property owner's name rather than in tenant's name - Approve 3.2 Liquor Licence for Albertville Bar Softball Team (May 3-5) - Approve liquor license for 152 Club - Property deeded to City from Beaudry's - Approval of forms for Fence Permits, Application for Minor Variance, CUP Application - Gopher State One Call letter VI. COUNCIL MEMBER REPORTS VII. OTHER BUSINESS VIII. ADJOURNMENT ALBERTVILLE CITY COUNCIL April 15, 1991 Albertville City Hall 7:30 PM PRESENT: Mayor James Walsh, Councilmen Donatus Vetsch, Mark Barthel, Duane Berning, Engineer Thore Meyer, Attorney Bill Radzwill, Clerk Linda Houghton ABSENT: Councilman Don Cornelius Mayor Walsh called the regular meeting of the Albertville City Council to order. Vetsch made a motion to approve the agenda with the following additions: (1) Minor variance request for Jim Leuer Construction. (2) Request from Mike Zachman from the 152 Club to keep the volleyball courts open until 1:00 AM the weekend of April 26. (3) Correction under Approval of the Minutes to read April 9, 1991, work meeting. (4) Approve minutes of March 15, 1991, special meeting. Barthel seconded the motion. All voted aye. Vetsch made a motion to approve the minutes of the special meeting held on March 15, 1991. Barthel seconded the motion. All voted aye. The minutes of the April 1, 1991, meeting were amended at Paragraph 3, Page 1 to read March 26, 1991, minutes. Barthel made a motion to approve the amended minutes of April 1, 1991. Berning seconded the motion. All voted aye. Vetsch made a motion to approve the minutes of the April 9, 1991, work meeting. Berning seconded the motion. All voted aye. Jerry and Mickey Baron reported that they have a problem with drainage water from the Hardwood Ponds addition draining into their yard. They were assured that the drainage of the area would not be changed when the development was proposed. Sod and dirt have been pushed up at the back of the Hardwood Ponds lots, but that has not solved the problem. The drainage is supposed to travel along the fence line and into Main Street. Attorney Radzwill advised that the Developer's Agreement with Hardwood Ponds be reviewed and a letter sent to the developer asking him to correct the problem. All costs incurred by the corrections will be passed on to the developer. Mrs. Robert Drewelow discussed her desire to put up a storage shed on her lot in the Westwind Phase I addition. According to the developer of Westwind, the restrictive covenants recorded with the plat prohibit storage sheds in the development. Radzwill advised the Council that the City does not and cannot enforce or change covenants. The Council advised the residents that the problem must be worked out with the developer. Ken Lindsay, Maintenance Superintendent, asked the Council to consider contracting with Otsego for blading the pond road. The Council will be meeting with the Otsego Council on April 29, 1991, at Otsego and will address this question at that time. Attorney Radzwill reported that he is working on the road deeded to the City from the Beaudry's. The deed was not recorded and the road has retained a PID number. There are now special assessments listed on that tax statement. Berning made a motion to reinvest the Certificate of Deposit that is coming due April 19, 1991, for a one year period. Barthel seconded the motion. All voted aye. Engineer Thore Meyer reviewed the drainage plans for Westwind Phase II addition to the Council. The pond area proposed is in conformance to the EPA standards for clean water. A vertical standpipe being proposed will allow the water to seep slowly from the pond into County Ditch 9. Erosion controls placed in Phase II will hinder silt build-up in the pond, and the pond should last between 15-20 years. Attorney Radzwill suggested that the developer be responsible for the maintenance of the pond until Phase III is completed. The developer could be required to clean out the pond before it is turned over to the City. This will insure that the pond should last as long as projected. The Council also heard that Wright County may have some concerns regarding the drainage into County Ditch 9. The developer will be required to comply with whatever the County requires. The City will not participate in any hearing the County calls on the issue of this drainage. Radzwill outlined several items he needs before he can complete the Developer's Agreement for Westwind Phase II. He advised the Council to review the Developer's Agreement prior to granting preliminary plat approval. The Council tabled the Westwind Phase II preliminary plat approval until the next regular meeting on May 6. Vetsch made a motion to approve the hepatitis shots for the 16 First Responders of the Fire Department at a cost of $2,176. Funds to pay for the shots will come from the General Fund. The Council will budget for the hepatitis shots for the remaining Fire Department members in the next budget. Barthel seconded the motion. All voted aye. Rick Wacker requested that the Fire Department get an updated address map of the City. Thore Meyer will get a large updated map for the Fire Department. Vetsch made a motion to approve the Conditional Use Permit for Sue Peterson to operate an antique shop at 5445 Marlowe Avenue NE, as recommended by the Planning & Zoning Commission. Berning seconded the motion. All voted aye. Barthel made a motion to grant a minor variance for Jim Leuer Construction on Lot 3, Block 2, Westwind Phase I addition, allowing a 2.5 feet variance on the garage (north) side yard setback. There will be no fee charged for this variance. Vetsch seconded the motion. All voted aye. The Council considered the variance request from Ken Lindsay for a storage shed on his property. The Planning & Zoning Commission recommended approval of the variance provided the building inspector visited the property and made the determination that this was a hardship situation because of the drainage. Kevin Mealhouse reported to the Council that he does not believe there is a basis for a hardship. Barthel made a motion to grant the variance to allow Ken Lindsay to build a storage shed on his lot, contingent upon his meeting the conditions #1-5 recommended by the Planning & Zoning Commission with the exception that Lindsay would not be required to replace the curbing on the second driveway when the property is sold. Walsh seconded the motion. Walsh and Barthel voted aye. Vetsch and Berning voted no. The vote on the motion resulted in a tie. Vetsch made a motion to send Lindsay's request for a variance •-� back to the Planning and Zoning Commission for one final review. Berning seconded the motion. All voted aye. Mayor Walsh reported that a tentative purchase order for the three lots adjacent to the City Hall property zoned commercial has been prepared. The property is served by municipal sewer and water. The Lions will be contacted to get their approval to use the money they have contributed to the City for the purchase of this property. The current tenants will lease on a monthly basis if the City wishes. Vetsch made a motion that pending approval of the Lions, the City will enter into a purchase agreement and proceed to negotiate a selling price and a lease agreement with the current tenants. Berning seconded the motion. All voted aye. Barthel made a motion directing Linda to sign the City up on the Gopher State One Call system immediately as required by law. Vetsch seconded the motion. All voted aye. The Council established the policy that all sewer and storm sewer accounts will be billed directly to the property owner. Vetsch made a motion to approve the Non -Intoxicating Liquor Limited License for the Albertville Bar Softball Team for May 3rd, 4th, and 5th, pending proof of dram shop insurance from the Jaycees. Barthel seconded the motion. All voted aye. Vetsch made a motion to approve the liquor license for the 152 Club, contingent upon receipt of payment for one-half of the total license fee. Berning seconded the motion. All voted aye. Barthel made a motion to approve the Sunday liquor license for the 152 Club, pending receipt of the $200 license fee. Berning seconded the motion. All voted aye. Berning made a motion to grant the 152 Club's request to keep the volleyball court open until 1:00 AM the weekend of April 26th. Barthel seconded the motion. All voted aye. Vetsch made a motion to award a two year recycling contract to Polka Dot Recycling in the amount of $467.50 per month. Berning seconded the motion. All voted aye. Barthel made a motion to approve the forms for a fence permit, CUP's, and minor variances. Vetsch seconded the motion. All voted aye. The Council directed Linda to contact the previous city attorney regarding the status of four projects he had been working on last year. The projects are the G & K Milling Company violations, Custom Canopy, Sunrise Kennels, and Road King Campers. The Council asked Kevin Mealhouse to try to get a copy of an ordinance requiring existing buildings to be brought up to code. Vetsch made a motion to pay the bills as presented (Check #'s 5067-5098). Berning seconded the motion. All voted aye. Mayor Walsh reviewed for the Council the letter from Gruys- Johnson updating the Council on the progress of the IRS problem. Mayor Walsh explained that he has directed the city attorney to check into the Errors and Omissions insurance to determine if any of the money that the City has lost can be recouped. Barthel made a motion to adjourn at 11:15 PM. Berning seconded the motion. All voted aye. JCL. es A. Walsh, Mayor �in a Houg n, Cit Clerk CITY OF ALBERTVILLE FINANCIAL STATEMENT April 1 - April 11, 1991 Beginning Cash Balance April 1, 1991 INCOME 4/2 - 4/11 Building Permits 3,675.67 Liquor License 1,000.00 Lock Box Sale - FD 122.00 Rent Payment on Land 475.00 Sewer Accounts 6,899.90 Special Assessments 10,934.52 Storm Water Accts. 1,333.75 Title Searches 20.00 TOTAL INCOME Interest Earned on Account in March EXPENSES 4/1 - 4/11 Ch. Vs 5036-5062 17,838.77 (Approved 4/1/91) Ch. #5063 - HEP 1,933.76 Half payment Check #5064 - 1st 123.60 Qtr. Bldg. Permit Surcharge Check #5065 - IRS 1,072.31 1st Qtr. 91 Check #5066 - State 210.00 1st Qtr. 91 PAYROLL 3/25 - 4/7 Check #5067 - Ken 751.00 Check #5068 - Mike 494.37 Check #5069 - Linda 501.96 Check #5070 - Ann 190.49 Check #5071 - PERA 243.46 Check #5072 -Deposit 718.58 Check #5073 - Bank 40.00 Safe Deposit Box Rent Check #5075 - HEP Final Payment 1,933.77 Check Order Charges 542.25 TOTAL EXPENSES Check #11231 Adjustment to balance with bank MONEY INVESTED FROM THIS ACCOUNT 24,460.84 3,531.10 26,594.32 $842,257.41 (46.71) (45.00) CD #8289 (due 10/10/92 @ 7.25%) (500,000.00) CD #8290 (due 4/10/92 @ 7.00%) (250,000.00) ENDING CASH BALANCE APRIL 11, 1991 $93,563.32 SEWER CONSTRUCTION FUND Beginning Cash Balance March 29, 1991 $1,215,106.97 MONEY INVESTED FROM THIS ACCOUNT 4/10 CD #8286 (due 10/10/92 @ 7.25%) (500,000.00) CD #8287 (due 4/10/92 @ 7.00%) (250,000.00) CD #8288 (due 10/9/91 @ 6.60%) (300,000.00) Ending Cash Balance April 11, 1991 $165,106.97 OTHER INVESTMENTS CD #7640 - matures 4/19/91 @ 7.60% $95,892.32 CD #150231 - matures 6/13/91 @ 7.45% $36,865.55 CITY OF ALBERTVILLE BILLS TO BE PAID April 15, 1991 Check No. Vendor Reason Amount 5074 Don's Auto Maint. Dept. 82.85 279.93 Fire Dept. 197.08 5075* 5076 5077 5078 5079 5080 5081 5082 5083 5084 5085 5086 5087 5088 5089 5090 5091 5092 Already on Expense List Wright Co. Sheriff's Department Monticello Animal Control John's Auto Electric II, Inc. Wright Recycling Chouinard Office Products Northwest Associated Consultants Minnesota Copy Systems Fehn Gravel/Excavating DJ's Northern Gases Miller Law Office Mobile Lock & Safe Co. L. N. Sickels & Co. Albertville Auto Parts MedCenters Wright County Journal - Press Monticello Times February & March 91 4,288.74 3/6/91 Pick-up Repairs to starter/ Replace solenoid March '91 Misc. office supplies March 91 Service Case/Copy Paper Ag lime Fire Dept. 111.24 Maint/Hall 139.32 8 Cylinders/Fire Dept. 3/4/91 Service Cam Locks & Keys (Fire Dept.) Crackfiller Misc. Parts May '91 Subscription Clerk/Treasurer Ad 43.50 111.00 500.00 299.69 480.37 53.50 271.50 250.56 36.00 66.50 100.88 990.00 37.46 243.80 18.00 48.90 5093 Minnesota PCA Annual Fee 5094 Wright County Highway Salt & Salt/Sand Mix Department 5095 Pat's 66 Gas 5096 Minnegasco Service 5097 Fire Department Reimbursement for training schools for firemen 5098 Anoka Technical College Chemistry Class 8/9/90 (Fire Department) 290.00 231.90 115.92 182.50 860.00 75.00 Total Bills $9,875.65