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1987-05-04 CC Agenda/PacketV. 0 CITY COUNCIL AGENDA MAY 4, 1987 CALL MEETING TO ORDER APPROVAL OF THE AGENDA • APPROVAL OF THE MINUTES COMMUNITY FORUM 7:05 SERGEANT DON LINDELL--WRIGHT COUNTY SHERIFF'S DEPARTMENT • 7:30 LOREN KOHNEN--FINDING ON ANDY'S MANUFACTURING 8:00 PAUL AND JANE DALIEDEN--5616 LAKE STREET --A REQUEST TO HAVE THE CITY SEND A LETTER TO HOME BUILDER REGARDING THE CORRECTION OF THE GARAGE FLOOR ELEVATION. 7:45 LeROY BERNING--FINAL PLAT APPROVAL FOR BARTHEL MANOR- 2ND ADDITION 8:45 MIKE POTTER --RESOLUTION SUPPORTING THE LAWCON GRANT APPLICATION DEPARTMENT BUSINESS a. Administration • - Income Recieved/Bills to be paid Possibility of charging for Assessment Searches Draft Ordinance 1987-1 -AN ORDINANCE REGULATING OPEN BURNING AND ADOPTING MINNESOTA POLLUTION CONTROL AGENCY AIR POLLUTION CONTROL REGULATION NO. 8 BY REFERENCE. - Administrator's Update b. Legal - Title Opinion on Barthel Manor 2nd Addition and Consent to Plat signed by Bridget Breun - Pull Tab Lease Agreement between the Albertville Bar (Marvin Vetsch, Pres) and the Albertville Area Jaycees - Indemnification and Holdharmless Agreement (Albertville Area Jaycees and the City of Albertville) - Finding on Parkland Question c. Maintenance Update on Wastewater Pond School Update on Wastewater Treatment Facility • - Overtime Calendar d. Engineering . - Feasibility Study for Underground Utilities for Barthel Manor 2nd Addition and Barthel Industrial Drive (between 50th and 5Znd Street) - Other Business e. Building Inspection - Approval of Building permits COUNCIL AGENA PAGE 2 Permit Type of Amount of #E Name Construction Address Permit 26 Barthel Construction New Home 5289 Lannon Ave. $821.65 VI. MEMBERS' REPORT - PPM Water Problem Update --Loretta Roden and Gary Schwenzfeier - Water Tower OVerflow Demage--Donatus Vetsch VII. OTHER BUSINESS • - May Calendar - Reminder: Board of Review May 5th at 7:00 p.m. VIII. MOTION TO ADJOURN • i • BOARD OF REVIEW MINUTES MAY 5, 1987 The Board of Review was called to order by Mayor Loretta Roden. Members present included Gary Schwenzfeier, Donatus Vetsch, Don Cornelius and Bob Braun. Others present included Maureen Andrews and Orlien Kreitlow of the Wright County Assessor's Office. The Notice of the Hearing was read by Mayor Roden and the records were to show that no one was present at the time the hearing was opened. The Council agreed to keep the hearing open for a period of 20 minutes in case someone wanted to present anything to the Council. At 7:20 there was a motion made by Don Cornelius and a second by Gary Schwenzfeier to close the hearing as no one had come forth with any discussion or complaints. All were in favor and the hearing was closed. CITY COUNCIL AGENDA MAY 4, 1987 I. CALL MEETING TO ORDER II. APPROVAL OF THE AGENDA III, APPROVAL OF THE MINUTES IV, COMMUNITY FORUM 7:05 SERGEANT DON LINDELL--WRIGHT COUNTY SHERIFF'S DEPARTMENT • 7:30 LOREN KOHNEN--FINDING ON ANDY'S MANUFACTURING 6:00 PAUL AND JANE DALIEDEN--5616 LAKE STREET --A REQUEST TO HAVE THE CITY SEND A LETTER TO HOME BUILDER REGARDING THE CORRECTION OF THE GARAGE FLOOR ELEVATION. 7:45 LeROY BERNING--FINAL PLAT APPROVAL FOR BARTHEL MANOR- 2ND ADDITION 8:45 MIKE POTTER --RESOLUTION SUPPORTING THE LAWCON GRANT APPLICATION V. DEPARTMENT BUSINESS a. Administration • - Income Recieved/Bills to be paid - Possibility of charging for Assessment Searches - Draft Ordinance 1987-1--AN ORDINANCE REGULATING OPEN BURNING AND ADOPTING MINNESOTA POLLUTION CONTROL AGENCY AIR POLLUTION CONTROL. REGULATION NO. 8 BY REFERENCE. - Administrator's Update b. Legal - Title Opinion on Barthel Manor 2nd Addition and Consent to Plat signed by Bridget Breun - Pull Tab Lease Agreement between the Albertville Bar (Marvin Vetsch, Pres) and the Albertville Area Jaycees Indemnification and Holdharmless Agreement (Albertville Area Jaycees and the City of Albertville) - Finding on Parkland Question c. Maintenance - Update on Wastewater Pond School - Update on Wastewater Treatment Facility • - Overtime Calendar d. Engineering - Feasibility Study for Underground Utilities for Barthel Manor 2nd Addition and Barthel Industrial Drive (between 50th and 52no Street) - Other Business e. Building Inspection - Approval of Building permits COUNCIL AGENA PAGE 2 Permit # Name Type of Construction Address 26 Barthel Construction New Home 5289 Lannon Ave. VI. MEMBERS' REPORT - PPM Water Problem Update --Loretta Roden and Gary Schwenzfeier - Water Tower OVerflow Demage--Donatus Vetsch VII. OTHER BUSINESS - May Calendar - Reminder: Board of Review May 5th at 7:00 p.m. VIII. MOTION TO ADJOURN Amount of Permit $821.65 COUNCIL MINUTES MAY 4, 1987 The regular meeting of the Albertville City Council was called to order by Mayor Loretta Roden. Members present included Gary Schwenzfeier, Donatus Vetsch, Don Cornelius and Bob Braun. Others present included Maureen Andrews, Gary Meyer, Ken Lindsay, Chuck Eberhard, Sergeant Don Lindell and Deputy Bill Correll. There was a motion made to approve the agenda. The motion was made by Bob Braun and seconded by Don Cornelius. All were in favor and the motion carried. There was a motion made by Gary Schwenzfeier and a second made by Don Cornelius to approve the minutes of the April 20, 1987 meeting. All were in favor and the motion carried. Don Cornelius made a motion to approve the bills, which was then seconded by Gary Schwezfeier. All were in favor and checks J15T} through MW were approved. z.,a c- -c am +4. 3 •l (bQ-xw x. G CCCq,. d. Maureen requested that the Council consider charging for assessment searches for title companies, real eastate offices and anyone else other than the property owner. Maureen informed the Council that in checking most of the surrounding cities charge anywhere between $5.00 and $10.00 per assessment search but most have the policy that they do not charge a resident of the City for a search done on their private property. After some limited discussion there was a motion made by Donatus Vetsch and seconded by Don Cornelius to charge $10.00 per assessment search for all searches other than private party ones. All were in favor and the motion carried. There was a motion made by Gary Schwenzfeier and a second by Donatus Vetsch to approve a limited beer license for St. Albert's Parish for their May 9th Action. All were in favor and the motion carried. Loren Kohnen, the City's Building Inspector was present to report to the Council his findings on Andy's Manufacturing located on Co. Rd. 19. The Council had recieved in their packets Loren's Notice of Violation on the conditions out at the site of Andy's. The Council was informed that a hole had been dug and that the materials left laying around the site wre being buried, that there was lots of juck laying around the site and that the fence surrounding the propoerty was falling down and was in really bad shape. _ After a lengthy discussion it was agreed that Maureen should send a certified letter to the business to assure that they had recieved the Notice of Violation on May 2, 1987. It was also agreed that materials sould not be buried on site and that contact should be made with the Minnesota Pollution Control Agency regarding the potential for problems. it should be futher noted that if the problem is not resolved within a certain COUNCIL MINUTES PAGE 2 period of time that the City would be forced to take futher action regarding the problem and any costs incurred by the City would be assessed against the property. The Council was informed the Loren gave the City's Wastewater Treatment Facility two life jackets to use in connection with the pond system. The Council that him for his thoughfulness and told him that they were sure that they would get lots of use out of them. The next item discussed by the Council was the possiblity of having the Building Inspector do the sewer inspection as part of the other inspection charges already included on the Building permit. Chuck said there might be certain language in the Sewer Use Ordinance relating to the Wastewater Operator's control over the system which would include the inspection of the system. he stated that it would be best to look at the ordinance before any action was taken. Other discussion centered around how much time it takes to do a sewer inspection and that if the Building Inspector did the inspection it would free Ken up the time it takes to do them. It was decided that it would be best to contiune the discussion at the special meeting on May 11, 1987 at which time the Council is to look at increasing sewer connection rates and inspection fees. Paul and Jane Dalieden were present to request assistance from the Council in getting their builder to respond to correcting their home which has a garage floor that is at a lower elevation then the final grade of the street. The property owners asked the City write the builder requesting that they inform the City in writing what they propose to do to solve the problem. Chuck entered into the discussion as well because he had talked to the owners of the house and the engineer who signed the site plan. He informed the builder's engineer that he would not make any decisions on what would be in the best interest of the City without seeing plans and that the plans would need to come through the City of Albertville's office before he would be willing to look at them. The property owners indicated that they were not happy with the proposed correction being presented by the builder. They feel that it will require alot of maintenance and that it will not resolve the problems of heavy rains or snow melts. The proposed plan is for a "French Drain", that is a system that slowly drains away excess water. It was the indication of the City Engineer that a french drain may not work well when the likely problems will arise when there are heavy rains and when there are the freeze/thaw periods of normal spring snow melts. It was finally agreed that the City should send a letter to the builders -- Dynamic Designers, stating that the City is requesting a full set of plans, a letter explaing what is to be done and assurances that the home owner is in agreement with the solution. The letter is to give the builder's 15 days from the date of the letter to find an agreeable solution to the problem or the City would look at possible action that could be taken from the City's point of view. In addition, the City Attorney suggested to the property owners that they contact a private attorney to see what options they had in getting the problems resolved. Finally, it was also suggested that Dalieden's contact an engineering firm to be assured that what ever is proposed will in fact work to their advantage. COUNCIL MINUTES PAGE 3 Two members of the Wright County Sheriff's Department was present at the Council request to discuss some current problem in the City. The Officers present included Sergeant Don Lindell and Deputy Bill Correll. Most of the discussion focused on the City Park and the problem with 3 and 4 wheelers. The Council was informed that the Sheriff's Office is making regular patrol of the park in an effort to reduce the problems down there. Councilmember Vetsch brought up an incident that had occurred the Thursday evening the week before involving a 3 or 4 wheeler. It was the the feeling that the officer had ignored a violator and didn't ticket the problem. The discussion of extra lights were brought up. It was agreed that additional lights out in the shelter area would likely deter some or all of the problems the City has had at the park shelter. The discussion then went back to the problems with 3 and 4 wheelers. The Council was informed that if they knew who was causing the problems that they need to contact the Sheriff's Office and that Deputy will follow up with the problem by getting the child and the parents involved. The important key is community involvement when it comes to this type of problem. The next item discussed with the Sheriff's representatives is the speeding on 51st Street in the morning and midafternoon when there are shift changes at Hordis Brother's and Truss Manufacturing. There was a request that a radar check be set up on 51st Street to see if it slows the traffic down. The other problem on 51st Street and some of the other streets leading into the Indsutrial Park focus on the amount of "truck traffic". There was a request that an extra eye be kept on these problems as well. Before the Sheriff's representatives left Gary Meyer suggest that they look at the ordinance regulating charging for fire calls that were started without a burnign permit. It was at the request of the Fire Department that the City develop an ordinance that would assess for fire calls that occur when someone is out burning off grass, weeds, etc. without a permit which then gets out of hand and the department is then called out. Comments regarding the ordinance focused on recreational fires and what needs to be obtained in order have that type of fire. It was the feeling of the Council that this type of fire shouldn't be included as a misdemeanor charge but could be considered a petty misdemeanor in the case that the fire got out of hand. It was agreed that Gary would make a couple changes regarding the fines and other areas of of concern for the Council. With the changes suggested to Gary Meyer the Council decided to pass the motion and then forward it to the two effected Townships requesting that they pass on the same motion. The motion to approve Ordinance 1987-1, AN ORDINANCE REGULATING OPEN BURNING AND ADOPTING MINNESOTA POLLUTION CONTROL AGENCY AIR POLLUIOTN CONTROL REG- ULATION NO. 8 BY REFERENCE. The motion was made by Gary Schwenzfeier and the second was made by Bob Braun. All were in favor provided that all the needed changes were made. Maureen was then requested to forward copies to the Otesgo and Frankfort Township. Mr. Jim Walsh, a representative of the Albertville Development Corporation, was present to thank the Council for buying the Administrator's share in COUNCIL MINUTES PAGE 4 the Corporation. The group feels that it was a good example of the Council's committment to the development of the City's future. Jim next informed the Council that the Development Corporation is looking at installing a central directory and is looking to the City for some suggestions and possible committment to the project. It was agreed that nothing would be done until the marketing project is completed by Bruce Nelson. It was suggested that the Council report back to Maureen their feedback on the sign and she will in turn report to the Development Corporation. LeRoy Berning and Ken Barthel were present to get the final plats for Barthel Manor--2nd Addition approved. The Council was informed that the Planning Commission had reviewed the final plat and had move to recommend approval to the Council. Gary Meyer then informed the Council that he had reviewed the abstracts and the consent to plat signed by Bridget Breun and said that from the legal standpoint everthing was in order. After a little discussion, a motion was made by Gary Schwenzfeier and a second was made by Donatus Vetsch to approve the final plat for Barthel Manor--2nd Addition. All were in favor and the motion carried. The next item discussed was the Indemnification and Holdharmless Clause that was prepared by the City Attorney in connection with the Jaycee's Limited 3.2 Beer License. Gary informed the Council that he had developed a general agreement so that it could be used for more than just the Jaycees. After reviewing the agreement there was a motion made by Gary Schwenzfeier and a second by Donatus Vetsch to approve the INDEMNIFICATION AND HOLDHARMLESS AGREEMENT. All were in favor and the motion carried. Gary next discussed with the Council the findings on the Parkland question. In reviewing the information from the League of Minnesota Cities, Gary agrees that the City can not exchange or sell the parkland which is located at the corner of 51st Street and Barthel Industrial Drive. It was decided that nothing else should be done about the park at this time, because of the Park Board's grant application. Mike Potter was present to request the support of the City Council in the LAWCON grant application. The Council was shown the proposal for the park located at the corner of 51st Street and Barthel Industrial Drive. The Council was informed that because the Ctiy does not have a Comprehensive Plan that the City would need to pass a resolution making park development a number one priority item for the 1988 budget year. It was agreed that the Council would commit up to $155,000.00 toward the grant application as long as there was an understanding that the City's share would include volunteer labor, commitment from the different organizations ect. A motion to this effect was made by Donatus Vetsch and seconded by Don Cornelius. All were in favor and the motion carried. Mike also asked that Ken spend some time in the Park getting things ready for the Park Review Committee. Some of the items needing taking care of include the removal of the spring from the "duck ride" and exposed nails on the climbing equipment. COUNCIL MINUTES PAGE 5 Kne Lindsay was present to update the Council on the school he had attended. In addition he also updated the Council on the Wastewater Treatment facility. He requested that he be allowed to purchase a 20 gallon portable gas tank w/ pump for the back of the pickup so that he can carry gas out to the pond site when he is using the portable pump system. The discussion then focused on what still needed to be done by PCI. It was agreed that after the meeting on May 5, 1987 Chuck would be forwarding a letter to PCI giving them one week to complete the remaining work or the City would be contacting the bonding company. The council agreed that this was the correct action at this time. Ken next discussed with the Council the problems arising as the result of the way Joint Powers is flushing the system. Gary Schwenzfeier agreed to bring it up at the next meeting of the Joint Power's Board. The next item discussed was the problem with the dumping that is occuring on the Cyril Beaudry property on Barthel Indsutrial Drive. After some discussion it was decided that the City should prepare a letter that the Beaudry's would sign directing the City to take some action to correct the problem. Some options could include putting up a no trespassing sign, recontacting the EPA and DNR regarding dumping in a natural wetland. Gary Meyer and Maureen are to prepare something in the near future. The last item Ken LIndsay wanted to discuss was the maintenance of the drain field out in Barthel's Industrial Park. Ken felt that the City was to maintain all of the system (including the Drain Field ) for one year and _ felt that the fact that Ken Barthel had a horse on the property was a violation of tresspassing. Ken Barthel informed the Council that he felt the sitution had not been handled correctly because Ken Lindsay had called his 12 year old daughter telling her that Ken needed to get the horse off City property right -a -way. Ken Barthel asked Gary what was his opinion of the Developer's Agreement regarding the drain field. They both were under the same opinion that once the ponds were completed that the property would revert back to Barthel. It was also agreed to that it would be best that the developer's agreement be looked at in more detail to be sure on this opinion. Ken Lindsay overtime calendar was reviewed by the Council. It was suggested that the beginning balance be listed at the beginning of the month so that the Council can see how many hours were added each month. Chuck Eberhard next reviewed with the Council the Feasibility report for Barthel Manor--2nd Addition. (each member of the Council recieved a copy of the report before the meeting.) In reviewing the alternatives it was the recommendation of the City Engineers to go with Alternative #2 which would cut across an area of Frankfort Township. This alternative would require an easement from Ken Barthel and Gary Meyer believes the approval of Frankfort Township. Chuck has indicated that Meyer-Rohlin has used this method in the past, but Gary Meyer feels that the issue needs to be looked at before the public hearing. Other items discussed included the fact that LeRoy thought that the land had been bought by Ken Barthel for the purpose of having the line run across the property. There was a motion made by Gary Schwenzfeier and a second by Donatus Vetsch to approve Alternative #2 of the Feasibility report provided that Gary Meyer found it to be an acceptable proceedure and that the City was able COUNCIL MINUTES PAGE 6 to get the blessing of Frankfort Township. All were in favor and the feasibility report bor Barthel Manor-2nd Addition was accepted. There was then a motion made to set the Public Hearing of the Improvements. The motion was made by Bob Braun and seconded by Don Cornelius to set the Imprvoement Hearing for June 1, 1987 at 8:00 p.m. for Barthel Manor-2nd Additon. All were in favor and the motion carried. Chuck next updated the Council on the work being done in Barthel Manor Addtion and Psyk's 4th Addition. He told the Council that the gravel had been place ant the the test were being run on the streets. There was a question raised about the the easements and who was to get them into shape. Chuck informed the Council that he would have to look into the matter and let the Council know. The blacktop work has not really gotten underway. Some patching of areas has been started but that is all at the present time. Chuck informed the Council that the permits have been submitted to the Department of Transportation so that the City can determine what has happened to the casing for the waterline that runs under the freeway. As soon as the Engineer's office hears anything they will let the City know what options we have. The Council approved one building ermit on the following motion: Permit #26 for Barthel Construction at 5289 Lannon Avenue-- New Home. The motion was made Don Cornelius and seconded Bob Braun. All were in favor pending payment. Gary Schwenzfeier and Loretta Roden informed the Council that they had been out to view the PPM Water Problem. Chuck said that he would try to contact the propoerty owner to see what can be done to solve the problem. No formal council action was taken at this time. Gary Schwenzfeier was asked to take the Council's concerns regarding the water tower overflow demage back to the Joint Power's Board meeting. The overflow resulted in yard and garden demage to Donatus Vetsch back yard. With no other business there was a motion to adjourn. The motion was made by Gary Schwenzfeier and seconded by Donatus Vetsch. All were in favor and the meeting was adjourned. DATE TIME CITY OF%�rt7��. /!�- CALLED -IN INSPECTION NOTICE SCHEDULED PERMIT NO. COMPLETED 4.14 ADDRESS . OWNERICONTR. TEL. NO. OCCUPANT USE ❑ SITE INSPECTION ❑ PLUMBING FINAL ❑ EXCAV /GRADING/FILLING ❑ CONC SLAB ❑ BUILDING FINAL ❑ REINSPECTION ❑ FOOT'NG ❑ SEPTIC MAINT. ❑ FOLLOW-UP j [IFRAMING ❑ SEPTIC INSTALL. j$ COMPLAINT W ❑ PLUMBING RI ❑ SEPTIC FINAL L] ROUTINE � ElMECHANICAL ❑ PROGRESS ❑ El INSULATION ❑ DEMOL ❑ y ❑ WALL BD z /{/p ❑ FI E PREV ❑ �lJq,rra� t COMMENTS: %,„A, <<D W J -% r. c4 eo Cacc s ,eeLAJ Q .. a W cc I L gmg. /,i . f - W A d, y y Co --d , l O ❑ WORK SATISFACTORY: PROCEED ❑ PHOTO TAKEN O ❑ CORRECT WORK d PROCEED U ❑CORRECT WORK. CALL FOR REINSPECTION BEFORE COVERING ❑CORRECT UNSAFE CONDITION WITHIN HOURS. INSPECTOR WILL RETURN. ❑ STOP ORDER POSTED. CALL INSPECTOR. ' ❑ INSPECTION REQUIRED. CALL TO ARRANGE ACCESS. call for the next Inspection 24 hours in advance Owner/CoMr. o sfte Inspecto Phone 47y- ZJ-1a 4 INCOME RECIEVED MAY 4, 1987 MEINY'S DIGGERS $ 35.00 NORTHERN STATES POWER CO. 25.85 JIM VALERIUS 7,193.88 BARTHEL CONSTRUCTION 685.90 TRI-COUNTY ABSTRACT & TITLE GUARANTY, INC. 7,193.88 WILLIAM JOHN BUILDERS 663.90 ZIMMER BROTHERS 475.00 JIM LEUER CONSTRUCTION 641.50 MEINY'S DIGGERS 40.00 DON CORNELIUS 58.50 WRIGHT COUNTY TREASURER (MARCH 87 SETTLEMENT) 3,974.41 KEITH AALDERKS 55.55 UNITED TELEPHONE 16.80 GARY KRELLER 60.00 $18,120.17 BILLS TO BE PAID MAY 4, 1987 PERA $ 133.42 - DON'S AUTO 384.29 G.D. LaPLANT 33.00 WRIGHT COUNTY TREASURERE/AUDITOR 1,688.12 NSP 1,599.24 UNITED TELEPHONE 85.91 FEDERATED CO-OPS, INC. 33.90 WRIGHT COUNTY TREASURER/AUDITOR 71.40 L.N. SICKELS AND CO. 300.00 ALBERTVILLE AUTO PARTS 11.86 FEED -RITE CONTROLS 43.00 KEN LINDSAY 629.52 MAUREEN ANDREWS 535.47 BOB BRAUN 85.00 GARY SCHWENZFEIER 80.00 DONATUS VETSCH 85.00 * DON CORNELIUS 65.00 * LORETTA RODEN PETE MERGES --SEWER INSPECTION--$25.00 90.00 --5 HRS ® $5.00--$25.00 --5 HRS ® $8.00--$40.00 GARY SCHWENZFEIER 29.56 CINDY OAKS --I HR ® $5.00 - .07(MEDICARE WITHHOLDING) 4.93 Kew LA. VA!,,Vl -----_I k o If SUBTOTAL $ , * NO MEETING VOUCHER WAS SUBMITTED. cr 0 r Eel f' l -k FIRST TRUST (G.O. COAST TO COAST WELTERS ADDITIONAL BILLS MAY 4, 1987 IMP. CONSTRUCITON BOND-84A) $381.37 44.57 3.80 SUBTOTAL $429.74 PLUS $6,059.70 TOTAL �C�