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1991-10-07 CC Agenda/PacketL-1 ALBERTVILLE CITY COUNCIL AGENDA October 7, 1991 I. CALL MEETING TO ORDER II. APPROVAL OF THE AGENDA III. APPROVAL OF THE MINUTES * September 16, 1991 IV. COMMUNITY FORUM * Approval of 3.2 license for Jaycees October 18, 1991 7 PM - Midnight * Steve Hopkes - sewer backup * Ron Becker - water problems * Petition RE: Storm water charges * * 0 V. DEPARTMENT BUSINESS A. PLANNING & ZONING * Preliminary Plat Approval of WESTWIND 3rd ADDITION B. MAINTENANCE * Pond Ramp * Manhole raising * Policy on streets RE: backfilling * Tires for pick-up * Project Updates C. ENGINEERING * Frankfort - Albertville Drainage Issue * Discuss putting first lift of blacktop on WESTWIND 2nd ADDITION streets - Letter from Mike Couri to John -George, Inc. * Flow meter quotes * Project Updates * Request from Redstone Construction Co, for an extension of time for completion D. LEGAL * Sunrise Commercial Park Assessments - Andy Savitski * Set Assessment Hearing dates for: 1. Parksedge 2. Savitski Sunrise Commercial Park 3. WESTWIND 2nd ADDITION * Project updates • E. ADMINISTRATION * City Hall rental for Bernice Vetsch, family Christmas - December 22, 1991 * Fall yard waste dump * Approval to pay bills (Check #5533-#5580) * Wright County Planning & Zoning - Public Hearing To Amend Zoning Oridnance - City response * Discuss having Building Inspector do sewer line inspections VI. COUNCIL MEMBER REPORTS * Mike Potter - Park Board * Jim Walsh - Joint Powers VII. OTHER BUSINESS * Mike Potter - Discuss changing City work week from Monday through Sunday to Wednesday through Thursday * Mike Potter - Contract snow plowing * * VII. ADJOURNMENT • ALBERTVILLE CITY COUNCIL September 16, 1991 Albertville City Hall 7:30 PM PRESENT: Mayor Jim Walsh, Councilmembers Duane Berning, Mark Barthel, Mike Potter and Donatus Vetsch, City Clerk Linda Houghton, Engineer Thore Meyer, Attorney Mike Couri Mavor Walsh called the regular meeting of the Albertville City Council to order. The agenda was amended by adding the following items: - Discussion of Joint Powers Water Board charges - Consideration of amendment of Joint Powers Operating and Authorization Agreement Barthel made a motion to approve the amended agenda. Eerniing seconded the motion. All voted aye. The minutes of the September 3, 1991, meeting were amended at Kerning's request on Page 3, Paragraph 8, to state that his reason for voting no on, hiring Ann Bedr.arcyzk as secretary ,s that he '-elieves the City needs a part-time administrator. Vetsch made a mot, on, to aizorrve the amended minutes. Potter seconded the motion. All voted aye. Keith Franklin discussed his storm water drainage problems with the Council. He told the Council the problem has been _cntinuous for the past two years . Before that time, he had no problem with drainage backing up on his property. Engineer Thore Meyer was directed to contact the MNDOT representative and ask him to come out to view the Water problem as it affects the interstate highway. Thore was also directed to contact the Frankfort Township engineer to try to work out a solution to the drainage problem. Jerry Lehn, owner of the WRight County Bag Company, questioned why he is charged a quarterly storm water fee when his storm water doesn't run into the City. The Council explained that there are no exceptions in the storm water billing. Every piece of property in the City is billed for storm water. Potter made a motion to approve the 3.2 Non -Intoxicating Liquor License for the Albertville Jaycees for September 22, 1991, from 10:00 AM to 5:00 PM. Barthel seconded the motion. All voted aye. Steve Hopkes was not present at the meeting to discuss his sewage backup into his basement. Patter volunteered to talk to Eugene Valerius, previous owner of Hopkes' house, regarding a check valve that may exist outside the house. The Council revie;aed the Minnesota Pollution Control Agency's Reconnaissance Inspection Report dated September 4, 1991. Maintenance Superintendent Lindsay was directed to notify the clerk prior to any future verbal or written communication with the MPCA. The Council will tour the drainage problem areas of the City with Ken Lindsay on Tuesday, September 17th at 6:00 PM. The Council reviewed the quote from Feed -Rite Controls for a 725 gallon tank for $1,329.00. The Council tabled the discussion of the purchase of the tank until the City receives another quotation from a different source. Ken reported that -50th Street will be graveled starting tomorrow. The Council authorized Ken to hire temporary help to count the loads of gravel delivered to the City's portion of 50th Street. Ken reported that there has been damage to the dikes at the ponds again. The damage has been reported tot he WRight County Sheriff's Department. The catch basin on 60th Street has been repaired. The area had caved in several times this summer. Barthel made a motion to approve the variance request from Albert Barthel to construct a 28' X 32' detached garage, contingent upon the following contingencies recommended by the Planning & Zoning Commission: (1) The new garage will be stuccoed to match the house. (2) The existing garage will be torn down within 45 days after the new garage has passed final inspection. Potter seconded the motion. All voted aye. Vetsch made a motion to set a public hearing on October 7, 1991, at 7:00 PM, to consider the trunk sewer improvement that will service the new high school. Potter seconded the motion. All voted aye. Barthel made a motion directing the engineer to prepare plans and specs for the trunk sewer improvement that will serve the new high school. Vetsch seconded the motion. All voted aye. Bob Heuring discussed the increased storm water that he has observed on his property. He believes additional water is coming onto his property from the new high school and the Westwind development. He explained that he has been maintaining a ditch on his land that is now being used to drain other areas. He feels that the City should maintain that ditch if drainage water is coming from other areas. Heuring also expressed concerns that storm water from the City of St. Michael is traveling through his drainage ditch. He would also like to see that the City requires contractors to put in the detention ponds before construction on the other improvements are begun. The Council told Heuring that the engineer will be sending a letter to the City of St. Michael regarding the drainage from the Terrace Hills development into the City Of Aibertville. The Council will also consider having the detention po::ds instae- in new developments prior to the start of Other ccrstructiOn. Heuring presented a petition to the Council signed by 16 residents contesting the storm water billings. The Council will consider the petition at the October 7th meeting. The Council discussed the $2,500 charge levied by the Joint Powers Board as escrow deposit for engineering inspection services. It is the Council's opinion that a full-time Joint Powers' inspector is not necessary on the job site and is too costly for the developer. Walsh agreed to make a motion at the next Joint Powers meeting to rescind the $2,500 escrow deposit for inspections. The Council also directed the Joint Powers representatives to make the recommendation that the City inspector inspects the water lines from the shut off to the house at the same time he inspects the sewer line. The Council taxi-_d approval of the amendment to the Joint Powers Operating and Authorization Agreement until the next Council meeting. The Council reviewed the letter dated September 12, 1991, from John -George, Inc. concerning the first lift of blacktop in the West -wind Second Addition. Attorney Mike Couri advised the Council that John -George has a legal right to enforce the terms of the contract. He indicated, however, that John -George, Inc.'s delay in providing the City with the necessary Letters of ^red._ caused the contract with Redstone Construction to be delayed until late August. Couri suggested the most logical alternative i_- to ask the developers to put up a contingency escrow to cover the costs of any repairs to the street fcr a three year period. The Council directed the attorney to send a letter to John -George, Inc. relating the City's concerns. Couri told the Council that the adjusted assessments on Savitski's Sunrise Commercial Park will be ready for the Council's review at the next meeting. Couri reported that he has not found statutory procedures to reduce the taxes on the PPM building before the TI^ district is decertified next year. He also reported that there is approximately $35,000 left in this TIP that the City may be able to spend on specific projects. He will do more checking and report to the next Council meeting. Couri reported that the City has nothing to gain by making a claim against Barthel Construction, Inc. new in bankruptcy court. The Council was ad-:ised that the letters of credit cn t`_.,_ Parksedge development have not been renewed as of this date despite the fact that the clerk has notified the developers in writing of our intention to draw upon the letters of credit if they are not extended. The Council will determine the amount to draw from the letters of credit at the next meeting. Couri will prepare an itemized list of expenses that he has found Fraser Steel may owe to the City. Couri also reminded the Council that the City is obligated to reimburse Fraser Steel the tax monies paid under the terms of TIF District #6. Couri was directed to set up a meeting with Juran & Moody and the mayor and clerk. The Council agreed to send the clerk to the Pay Equity Workshop on October loth at the Brooklyn Center Community Center. Vetsch made a motion to approve payment of the bills (check Vs 5492-5523). Barthel seconded the motion. All voted aye. Barthel made a motion to adjourn at 11:25 PM. Berning seconded the motion. All voted aye. James A. Walsh, Mayor Linda Houghton, Clerk PUBLIC HEARING TRUNK SEWER IMPROVEMENT NO. 1991-2 October 7, 1991 Albertville City Hall 7:00 PM CITY REPRESENTATIVES PRESENT: Mayor Jim Walsh, Councilmen Mike Potter, Duane Berning, Donatus Vetsch, and Mark Barthel, City Engineer Thore Meyer, City Clerk Linda Houghton MEMBERS OF THE PUBLIC PRESENT: Bea and Douglas Psyk, Clem Marx, Judy Roden, John Darkenwald, and Bernard Marx Mayor Walsh called the public hearing to order. Clerk Linda Houghton read the Notice of Public Hearing for Proposed Trunk Sewer Improvement No. 1991-2. City Engineer Thore Meyer explained with the use of maps the proposed location of the trunk sewer extension. The sewer main will be a gravity line that will flow to the lift station near Sunrise Commercial Park. The line will make sanitary sewer service available to the Eicher property at the south edge of Albertville as well as the new high school and the undeveloped property it crosses. The portion of the line running along 50th Street will be installed within the right of way of the street. The cost of installing the sewer lines will be assessed to the abutting property owners at an equivalent rate of a lateral line. The cost of oversizing the line and the overdepth expenses will be deducted from the total cost of the project prior to the assessment. The cost of running the lines through the wetland areas will be borne by the City. Thore calculated that the total assessable amount will be approximately $219,000, based on approximately 9,650 assessable feet at between $22-$23 per foot. The assessment will be spread over a 15-20 year period. The Council asked Thore if a lateral line could be run west on 50th Street to provide sanitary sewer service to the houses west of the Joint Powers property. Thore explained that this could be done, but those property owners should contact the City to make the request that the City extend a lateral line to serve their property. There were no further questions or comments from the audience. Barthel made a motion to close the public hearing. Potter seconded the motion. All voted aye. Vetsch made a motion to proceed with the project as presented and to order plans and specs for the proct. Bart el seconded the motion. All voted aye. ( ` / Linda Houghton, /C]1 erk ALBERTVILLE CITY COUNCIL October 7, 1991 Albertville City Hall 7:00 PM PRESENT: MAyor Jim Walsh, Councilmembers Mike Potter, Duane Berning, Donatus Vetsch and Mark Barthel, City Engineer Thore Meyer, City Attorney Bill Radzwill, City Clerk Linda Houghton Mayor Walsh called the regular meeting of the Albertville City Council to order. Vetsch made a motion to approve the agenda as presented. Barthel seconded the motion. All voted aye. Vetsch made a motion to approve the minutes of the September 16, 1991, minutes as presented. Barthel seconded the motion. All voted aye. Barthel made a motion to approve the 3.2 Non -Intoxicating Liquor License for the Albertville Jaycees on October 18, 1991, from 7:00 PM to midnight. Potter seconded the motion. All voted aye. Steve Hopkes was not present at the meeting to address the Council on his sewer back-up problem. Ron Becker explained that he has been experiencing drainage problems on his property since the plat of land adjacent to his property was developed. City Engineer Thore Meyer explained that there was no indication that the tile line could have been taken out when the plat was graded. He suggested that a possible solution to Becker's problem would be to regrade the back of the lots and drain the water into the storm sewer. The Council directed Thore to inspect the area and try to come up with a solution to the problem. The Council took no action on the petition concerning the storm water charges because there was no one in the audience to address the Council on their concerns. The Council reviewed the letter dated September 27, 1991, from Kelvin Howieson, District Hydraulics Engineer from MNDOT concerning the interstate drainage problems. Howieson stated that the reduced tile line installed by Frankfort Township has not solved the drainage problem. MNDOT has given funding approval for a proposed drainage project along I-94. The Council directed City Engineer Thore Meyer to contact Frankfort Township's engineer with the plans and cost estimates for solving the drainage problems. The Council reviewed the letter dated September 24, 1991, from Dennis D. Douglas of Redstone Construction Company, Inc. requesting an extension of time for completion on the Westwind Second Addition due to the owner's financing delays. Thore recommended that the contract be extended as follows: (1) Completion date for all underground work (sanitary sewer, water main, storm sewer and service connections) is extended to October 12, 1991. (2) All phases of street construction, except the final wearing course of bituminous is extended to October 31, 1991. (3) Detention pond construction is extended to May 31, 1992. (4) Final wearing course construction to remain at August 30, 1992. Potter made a motion to extend the completion dates on the Westwind Second Addition as recommended by the City Engineer. Vetsch seconded the motion. Potter, Barthel, Vetsch and Walsh voted aye. Berning voted no. The motion carried. Thore discussed the first lift of blacktop on the Westwind Second Addition streets. The attorney has sent the developers a letter indicating that if the first lift of blacktop was installed this year, the City would require an escrow deposit of $10,000 to insure that the street would be repaired if settlement occurred. Thore explained that the specs call for a two year warranty on the street construction beginning after the project is completed. This warranty would bind the contractor to repair the streets until August of 1994. The attorney advised the Council that it would be a waste of resources to proceed to require a letter of credit, or escrow from John -George, Inc. when the project is already protected by the contractor's warranty. Thore explained that construction costs for the detention pond in Westwind Second Addition was not included in the contract awarded to Redstone Construction, because the Corps of Engineers had not approved the plan at the time bids on the other aspects of the project were let. Thore has spoken with Redstone Construction about a Change Order at the original contract prices to include the construction of the detention pond in Westwind Second Addition. Redstone is not willing to add the change order. Berning made a motion directing Thore to advertise for bids for the detention pond construction for Westwind Second Addition. Potter seconded the motion. All voted aye. Thore reported that he has only received one bid on the installation of the flow meter and manhole at this time. He is expecting to receive two more bids. The Council tabled further discussion. Maintenance Superintendent Ken Lindsay presented the Council with two bids for a tank and pump to be used in pond transferrals. �. The bids were not broken down in separate price items. Berning explained that Mike Potter has a 550 gallon tank that he has offered to sell to the City for $100. He is willing to allow the City to try the tank to be sure it works before the actual sale. The Council sought the attorney's opinion about conflict of interest issues if the City were to pursue this option. City n Attorney Radzwill advised the Council that since bids were taken and nothing equivalent was found at the same price of $100, there was not a conflict of interest issue. The Council took no action on the purchase of the tank and pump. Lindsay reported that he is still waiting for other bids on the cost of raising several manholes. The issue was tabled. Lindsay explained that he had asked Thore to prepare a list of specs to be followed for backfilling. There was a water main break on 51st Street recently and Lindsay was dissatisfied with the method of backfilling. The Council reviewed the bids for the purchase of four tires for the city pickup. Vetsch made a motion to accept the bid from Carl's Tire & Auto Service to purchase four new tires at a cost of $391.60. Berning seconded the motion. All voted aye. The Council reviewed the recommendation of the Planning & Zoning Commission to grant preliminary plat approval for the revised Westwind Third Addition. The revised plat reduces the number of lots from five to two. Two 75-unit apartment buildings are proposed for the lots vs. five 30-unit apartment buildings as proposed in the original plat. Berning questioned if the City had the capacity to serve the apartment buildings with sanitary sewer, based on the letter the City has received from the MPCA. Thore is continuing to work out corrective measures to eliminate some of the storm water from entering the sanitary sewer ponds and provide those proposals to the MPCA. The attorney recommended that the Council postpone action on preliminary plat approval for Westwind Third Addition until some decision is forthcoming from the MPCA. The Council tabled further discussion. Berning made a motion to set assessments hearings on the following projects for October 30, 1991, at 7:30 PM: (1) Savitiski's Sunrise Commercial Park (reassessment) (2) Parksedge (3) Westwind Second Addition (4) the commercial portion of the Westwind PUD that had not been assessed for the sewer construction. Vetsch seconded the motion. All voted aye. Andy Savitski addressed the Council about the 2,125 cubic yards of dirt that were removed from Lot 1 of the Sunrise Commercial Park and used to construct the road. He stated he did not give the City or anyone else permission to remove the dirt. He presented the Council with a letter asking for reimbursement for the cost of replacing the dirt and for the additional costs involved in putting a foundation on this lot. The Council requested that the attorney attempt to submit this claim under the City's Errors & Omissions insurance. The Council discussed the question of whether to allow City Hall to be rented out. No decision was reached until Linda checks into whether the City's liability insurance would provide coverage for this type of rental. The Council tabled action on the proposed amendments to the Wright County Zoning Ordinance. The Council discussed having the City building inspector do the sewer line inspections at the same time he does the water line inspections in the City. Cornelius Paulson asked the Council why they would consider doing this when the City already employs two maintenance people to do this work. A discussion about the competence of the maintenance superintendent began. Councilmen Potter, Berning and Barthel expressed the opinion that the maintenance superintendent was not doing his job adequately. Mayor Walsh stated for the record that he feels that those Council members are specifically trying to get Lindsay out of a job with the City and that he would not listen nor participate in anymore discussion of this nature. He asked Potter, Berning and Barthel to provide written proof that Lindsay is not doing his job. Attorney Radzwill advised the Council that discussion of personnel issues should be held in a closed session in compliance with the Data Privacy Act. Mayor Walsh requested that a closed session of the Council be scheduled to discuss Lindsay's job performance at the next regular meeting. Berning made a motion to have the building inspector perform the sewer line inspections as detailed in his proposal for a one year trial period. Barthel seconded the motion. All voted aye. Potter reported that the hockey rink has been painted by the Jaycees, the retaining wall in Four Seasons Park has been installed through donations from the Albertville Lions, and a Girl Scout troop has indicated they would like to put a shrub bed around the park signs. Walsh reported on the meeting of the Joint Powers Board. He recommended that the City not approve an amendment to the Joint Powers Agreement granting the Board the right of eminent domain. The Council took no action on the question of changing the City's work week from Monday through Sunday to Wednesday through Tuesday. Because of the condition and the age of the City's snowplowing equipment and the number of streets to be plowed, Potter suggested the Council consider contracting for snowplowing. Mayor Walsh stated he was totally opposed to contracting the snowplowing. There was no further discussion. Vetsch made a motion to approve the bills (Check #5533-#5580)' as presented. Barthel seconded the motion. All voted aye. The Council approved the recommendation to upgrade, at a cost of around $90.00, the computer in the secretary's office so that it is more compatible with the new computer system. Barthel made a motion to adjourn at 11:10 PM. Berning seconded the motion. All voted aye. "zz mes A. Walsh, Mayor Li da Houghton, Cl r CITY OF ALBERTVILLE FINANCIAL STATEMENT September 13 - September 30, 1991 Beginning Cash Balance September 12, 1991 INCOME (September 13 - September 30) Building Permits 1,726.42 Interest Income 1,187.35 Planning & Zoning Charges 240.00 Recycling Incentive 198.03 Sewer Digging License 45.00 Sewer Digging Permits 75.00 Sewer Receipts 2,417.77 Sign Permits 2,400.00 Special Assessments 11,050.97 Storm Water Receipts 273.00 Title Search 40.00 TOTAL INCOME EXPENSES (September 13 - September 12) Check Vs 5492-5523) 19,244.09 (Approved 9/16/91) Check #5524 - Dept. of 5.00 Employee Relations PAYROLL 9/9 - 9/22 Check #5525 - Ann 482.97 Check #5526 - Ken 751.00 Check #5527 - Mike 566.65 Check #5528 - Linda 642.47 Check #5529 - PERA 301.63 Check #5530 - Federal 896.88 Check #5532 - State 716.00 Check #5531 - Petty Cash __4.7_._99 TOTAL EXPENSES Ending Cash Balance September 30, 1991 SEWER_.CONST__RUCTION_ FUND Beginning Cash Balance 9/12/91 Interest Earned in August Ending Cash Balance 9/12/91 19,653.54 23,654.68 $288,168.03 $289,375.26 $175,523.03 ^7 nO 1 n $176,231.21 INVESTMENTS: CD #150231 (GF) - matures 12/12/91 @ 5.90% CD #8288 Sewer - matures 10/9/91 @ 6.6% CD #7640 - matures 10/18/91 @ 6.00% CD #8287-Sewer - matures 4/10/92 @ 7.00o CD #8290 (GF) - matures 4/10/92 @ 7.00o CD #8286-Sewer - matures 10/10/92 @ 7.250 CD #8289 (GF) - matures 10/10/92 @ 7.25% TOTAL INVESTMENTS 99,454.52 300,000.00 38,262.60 250,000.00 250,000.00 500,000.00 500,000.00 $1,937,717.12 CITY OF ALBERTVILLE BILLS TO BE PAID September 16, 1991 Check # Vendor Reason Amount _ _ 5533 AT&T Mo. Maint. 46.56 5534 Am. Natnl. Bank GO Ref. Bonds 2/1/89 275.51 5535 Bizmart Gen Ofc. Supplies 155.38 5536 Colonial Jewelers Apprec. Nite - Plaques 139.76 5537 James Farris Gravel 50th St. 16.16 5538 Feed -Rite Testing 59.50 5539 Fire Chf. Assoc. Membership Dues 65.00 5540 Gruys, Johnson Acct. Fees 7/1-9/15 925.00 5541 Hackenmuellers Gen. Supplies & Gas 36.23 5542 LaPlant Sanit. Refuse Disposal 9/1-10/1 58.04 5543 MedCenters Empl. Health Ins. 857.50 5544 Cty. of Monticello Animal Control -Aug. '91 198.00 5545 Minnegasco Fire Hall 26.33 5546 NSP 6002 Main 11.69 City Hail 125.75 Skating Rink 75.41 Sewage Disposal 163.22 Lift Station 56.71 Lift Station 25.87 St. Lighting 1,711.47 2,170.12 5547 Pitney Bowes Rent -Postage Machine 33.00 5548 Simonson Lumber City Park -Hockey Rink 89.87 5549 Sunrise Plumbing Youngdahl check valve 98.00 5697 Main - FINAL 5550 Temporary Assets Ann Bednarczyk - FINAL 972.00 5551 Wright Cnty. Treas. R.E. Taxes - 2nd Half �-. 4 Seasons Park 2,316.10 Land Rent -Ponds 114.00 2,430.10 5552 United Telephone Srvc. 9/21-10/20 227.58 5553 Ann M. Connors Computer restoration 40.00 5554 Ann Bednarczyk Payroll 10/6/91 482.97 5555 Ken Lindsay Payroll 10/6/91 751.00 5556 Linda Houghton Payroll 10/6/91 642.47 5557 Mike Rutkowski Payroll 10/6/91 5558 Security Bank NW Payroll Taxes 5559 PERA Payroll Contribution 5560 Donatus Vetsch Council - September 189.32 5561 Donatus Vetsch Mileage to LMC Mtg. 30.80 5562 Duane Berning Council - September 124.67 5563 Mark Barthel Council - September 147.76 5564 Mike Potter Council - September 5565 Jim Walsh Council - September 5566 MN Dpt. of Revenue 3rd Qtr. PR Taxes 144.00 5567 MN State Treas. Bldg. Permit Surcharges 3,018.08 5568 Albertville Auto Spark plugs 6.60 5569 Crow River News Legal notices 240.28 5570 DJ's Park Dept. - 258.80 445.61 Fire Dept. - 37.17 Wastewater - 5.00 Shop/CityHall 92.32 Street Dept.- 52.32 5571 Dehmer Fire Fire Extinguishers 50.00 Protection (Fire Dept.) 5572 Diversified Insp. Services 1,010.80 5573 Don's Auto Propane & gas (Fire Dept) 27.00 5574 IRS 3rd Qtr. 91 tax return 7.60 5575 Meyer-Rohlin, Inc. Engineering - Westwind 15,991.25 Second Addition 5576 Pat's 66 Gas 5577 Polka Dot Recycling September '91 5578 Radzwill Law Office Legal expenses 5579 Redstone Constr. Partial Payment - 1991-1 Imp. Proj. Construction 5580 Scharber & Sons Repair - John Deere * TOTAL *TOTAL DOES NOT INCLUDE: Check # 5557 Check # 5558 Check # 5559 Check # 5564 Check # 5565 208.19 467.50 7,435.50 93,108.56 12.10 $133,461.70