1996-03-04 CC Minutes
.
.
.
Jl.1..--!'VILLE CIn COIl8:IL
I
March 4, 1996
Albertville City Ball
7:00 PM
PRESENT: Mayor Michael Potter, Councilmembers Sharon
Anderson, Curt Muyres, Duane Berning, and John Vetsch, City
Administrator Garrison Bale, City Clerk Linda Boughton, City
Engineer Peter Carlson, and City Attorney Mike Couri
Mayor Potter called the regular meeting of the Albertville
City Council to order.
The agenda was amended as follows:
(1) Add Item 7u - Accept petition for annexation from Roman
and Donna Becker
(2) Add Item 7v - Accept petition for annexation from Michael
and Beidi Potter
(3) Add Item 7w - Set public hearing to consider annexation
request from Roman and Donna Becker
(4) Add Item 7x - Set public hearing to consider annexation
request from Michael and Heidi Potter
Berning made a motion to approve the agenda as amended. Anderson
seconded the motion. All voted aye.
Anderson made a motion to approve the minutes of the February
5, 19966, regular Council meeting with the following amendments:
(1) Page 1, Paragraph 6 to state "Vetsch seconded the
motion."
(2) Page 2, Paragraph 3 to state "Vetsch made a motion to
accept psyk's 6th Addition."
(3) Page 2, Paragraph 3 to state "Vetsch made a motion to
accept Nestwind 3rd Addition."
Berning seconded the motion. All voted aye.
The minutes of the Special City Council meeting on February
12, 1996, were amended to state Councilmembers Berning and Muyres
were absent. Anderson made a motion to approve the minutes as
amended. Berning seconded the motion. All voted aye.
Anderson made a motion to approve the minutes of the February
12, 1996, Joint Meeting with Frankfort Township as presented.
Berning seconded the motion. All voted aye.
Berning made a motion to approve payment of Check "s 1524-
1534 and Check "s 10004-10033 as presented. Muyres seconded the
motion. All voted aye.
Rod D'Aigle addressed the Council regarding his petition to
change the name-of Mud Lake. He would like input from the Council
and residents for a new name. Hamburg Lake has been suggested as
an option, reflecting the name of the original townsite. Staff was
.
.
.
ALBER~ILLE CITY COO.CIL
March 4, 1996
Page 2 of 11
directed to put a request in the local newspaper for suggestions on
a new name and to also contact the schools to get student input and
suggestions.
Councilmember Berning asked that Items 5p and 5q be removed
from the consent agenda and added to the discussion under Item 6h.
Muyres made a motion to approve the Financial statements for
the months of January and February as presented. Anderson seconded
the motion. All voted aye.
Muyres made a motion to approve the Follow-Up sheet from the
February 5, 1996, meeting as presented. Anderson seconded the
motion. All voted aye.
Muyres made a motion to schedule the 1996 Board of Review
meeting for Wednesday, April 10, 1996, at 7:00 PM. Anderson
seconded the motion. All voted aye.
Muyres made a motion to accept January 1996 Wastewater
Operation Report as presented. Anderson seconded the motion. All
voted aye.
Muyres made a motion to accept January 22, 1996, Joint Powers
Board minutes as presented. Anderson seconded the motion. All
voted aye.
Muyres made a motion authorizing the City's membership in the
MMUA in the amount of $200 annual dues. Anderson seconded the
motion. All voted aye.
Muyres made a motion to adopt the MMUA Drug and Al cohol
Testing Consortium policies and procedures and including them with
the City of Albertville Personnel Policy as amended May 2, 1994.
Anderson seconded the motion. All voted aye.
Muyres made a motion to accept and approve the Wastewater
Treatment Facility's inventory list as prepared by PSG. Anderson
seconded the motion. All voted aye.
Muyres made a motion to approve 1996 membership in the Wright
County Mayors Association with annual dues of $150. Anderson
seconded the motion. All voted aye.
Muyres made a motion to adopt RBSOLO'1'IOII 11996-15 titled
RESOLU,.IOIf ES,.ULISBIRO AumORIZAlflOlf POR ftIE ISSUAIICE OF ItBYS FOR
THE ClIfT OF ALBERTVILLE. Anderson seconded the motion. All voted
aye.
.
.
.
ALBERTVILLE CITY COOBCIL
March 4, 1996
Page 3 of 11
Muyres made a motion to adopt RESOLUTIOB '1996-8 titled
APPOIR'I'MD'I' 01' BMPLOYDS. Anderson seconded the motion. All voted
aye.
Muyres made a motion to adopt -RBSOLOTIOB '1996-9 titled
BSTABLIS~ 01' VACATIOR LEAVE. Anderson seconded the motion.
All voted aye.
Muyres made a motion to adopt RBSOLMIOB 11996-10 titled
ESTABLIS~ 01' SICK LEAVE. Anderson seconded the motion. All
voted aye.
Muyres made a motion to adopt RBSOLUTIOB 11996-17 titled
RBSOLMIOII ADOP!'IRC CCI8IDCIAL DRIVERS LICDSB SUBSTDCE ABUSE
PRBVDfTIOB PROGRAM FOR DRUGS DD ALCOHOL. Anderson seconded the
motion. All voted aye.
Muyres made a motion to accept the Minnesota Municipal Board's
Resolution dated February 16, 1996, appointing Ken Tiernan, Curt
Muyres, Michael Potter, Sharon Anderson, Shawn Eastman, Daniel
Robertus, LeRoy Berning and John Vetsch as Albertville's
representatives on the Consolidation Committee. Anderson seconded
the motion. All voted aye.
Muyres made a motion to adopt ORDIBDCE '1996-3 titled D
ORDI.DCE AIIBIIDING SEC'l'IO.S 300, 400, 500, ABD 2700 OF ftE
ALBERTVILLE ZOBI.G ORDI.ABCE (1988-12) RELATIBG TO ftE
ESTABLISIDIDfT 01' A OIIE (1) YEAR 'lID LIMIT MIlICH PItoIIIBI'lS
APPLICATIOII UD COKSIDERA'I'IOR OF REQUESTS FOR REZOBIBGS,
COKDI,.IOIfAL USB PERMI'!'S, UD/OR PLABBED tJlfI'l' DEVELOPMElfTS IF
PREVIOUSLY DaIED FOR ftE SAllE OR ART PORTIO. 01' ftE SAME PROPERTY.
Anderson seconded the motion. All voted aye.
Muyres made a motion to adopt ORDI.ABCE '1996-4 titled Aft
ORDI.ABCE AMBRDIRG 8BC'l'IOB A-300 01' ftB ALBERTVILLE SOBDIVISIO.
ORDI.ABCE RBLA'I'IRG TO 'I'IIE ES'I'ABLI8IDIDf'I' OF A OIIE (1) YEAR TIME
LIMI'!' MIlICH PROHIBITS APPLICA'I'IOIf UD COIISIDDA'I'IOR 01' REQUESTS FOR
PLA'!'S OR SOBDIVISIOR8 II' PRBVIOOSLY DEIfIED FOR 'I'IIE SAME OR ART
POR'!'IOIf OF '1'IIE SAME PROPER'I'Y. Anderson seconded the motion. All
voted aye.
Vetsch made a motion to accept the Petition for Local
Improvements requesting that the property on the North side of
Interstate 94 starting from Co. Rd. 37 to MacIver Avenue ME to 70th
street NE be improved by the construction of water lines. Berning
seconded the motion. All voted aye.
Vetsch made a motion to accept the Petition for Local
Improvements requesting that the property on the Morth side of
Interstate 94 starting from MacIver Avenue ME to 70th Street ME be
.
.
.
ALBERTVILLE CITY COUNCIL
March 4, 1996
Page 4 of 11
improved by the construction of sewer lines. Muyres seconded the
motion. All voted aye.
Because City Engineer Peter Carlson was not yet present, the
Council opted to delay discussion of the Feasibility Reports for
the petitioned-for water and sewer improvements until Carlson is
present.
Counci 1 member Anderson has requested the Counci 1 consider
parking on one side of residential streets only. She feels it is
dangerous for children with cars on two sides of a snow-narrowed
street. She reported she has also had requests from residents to
bring up a discussion of one-side only parking.
Anderson made a motion directing the administrator to review
the on-street parking ordinance regarding one side only parking and
take the information to the Planning & Zoning Commission for
consideration. Berning seconded the motion. Anderson and Berning
voted aye. Vetsch, Muyres and Potter voted no. The motion failed.
The Personnel Committee reported that need for space, for
addi tional equipment for maintaining streets, and for personnel are
areas of great concern. The Committee supports the idea of holding
off fi 11 ing of the Maintenance Worker I I position unti 1 these
issues can be addressed and to contract snowplowing and mowing
until the issues are resolved.
Muyres made a motion to authorize the Personnel Committee to
prepare a cost analysis of keeping the services in-house vs.
contracting. The analysis should incl ude all costs, incl uding
labor, capital improvements, etc. Anderson seconded the motion.
All voted aye.
The Personnel Committee will consider the need for the Puhlic
Works Coordinator position and/or a Maintenance Worker II position
once the cost analysis has been completed.
The Council discussed RESOLU~IOR 11996-13 with City Engineer
Peter Carlson and City Attorney Mike Couri. Attorney Couri
explained that if developers request a feasibility study, the
landowners generally pay for the study. Carlson explained that the
feasibility study for the water extension would be the bigger of
the two items and the cost of the study could be anywhere from .5\-
1.5\ of the construction costs, or approximately $2,800.
Anderson made a motion to approve RESOLU~ION 11996-13 titled
RESOLU~ION DIRE~ING ENGINEER TO REPOR~ NJlEftBR PROPOSED
IMPROVI!IID~ IS PEASIBLE AND ES~IMA~ED COSlfS for the water extension
project, subject to the engineer's providing cost estimates of the
study and subject to the landowners' agreement to pay those costs.
.
ALBERYVILLE CITY COORCIL
March 4, 1996
Page 5 of 11
Muyres seconded the motion. All voted aye.
Anderson made a motion to approve RESOLUTION '1996-14 titled
RESOLO'fIOII DIREC'l'I.O DOlDER TO RBPORT NBrraD PROPOSED
IMPROVDOaf'l IS FEASIBLE UD ES'lIMAHD COSTS for the peti tioned
sewer project, subject to the engineer's providing cost estimates
of the study and subject to the landowners' agreement to pay those
costs. Muyres seconded the motion. All voted aye.
The Council reviewed the letter dated February 26, 1996, from
Attorney Peter Schmitz regarding the status of the consolidation
issue, the annexation appeal and the 1996 detachment/annexation
petitions. The Council concurred that detailed minutes of the
Consolidation Commission meetings will be sent to Attorney Schmitz,
that Attorney Schmitz will not actually participate in the appeal
process, and that Attorney Schmitz will be only a sideline player
in the 1996 detachment/annexation petitions unless further directed
by the Council.
.
Muyres made a motion to table RBSOLO'fIOR '1996-16 titled A
RBSOLUTIOR MAltI.O HE APPOIII'lIID" OF SPECIAL LEGAL COO.SEL FOR 'rilE
DftAClDlDT/UIIBXATIOII PROCEBDIIIOS FOR 'rilE CITIES OF ALBERTVILLE UD
O'lSEGO unti I or unl ess it becomes necessary to appoint legal
counsel at a later date. Berning seconded the motion. Muyres,
Berning, Anderson and Vetsch voted aye. Potter voted no. The
motion carried.
Carlson reported he has been in contact with both Laurie
Vanderheider of MNDO!' and with Dan Lais of the DNR concerning the
Frankfort drainage problem. MMDOT wants the drainaqe problem
correct this year and will forward a letter to Frankfort Township
explaining MNDOT's position, as a major freeway maintenance project
witll take place in the summer of 1996.
.
Muyres made a motion directing City Attorney Couri to notify
Frankfort Township via letter of the following:
(1) The City of Albertville's position on a solution to the
problem is that replacing the 8" tile line with an 18"
line is essential.
(2) The City of Albertville will pay one half the cost of
replacing the 8" line with an 18" line, less the 25%
contribution from MNDOT.
(3) If Frankfort Township takes no action within 30 days from
the date of the letter, the City of Albertville will
proceed to file a petition with the courts.
Vetsch seconded the motion. All voted aye.
The Council reviewed the two proposals from realtors to list
the Barthel Industrial Drive site. Both Land for Sal e, Inc.,
represented by Laurie E. Karnes, and Burnet Realty, represented by
.
ALBERTVILLE CITY COUNCIL
March 4, 1996
Page 6 of 11
.
Donald D. stoner, charge a 10% commission. Because Laurie Karnes
has recently sold commercial property in the City, Muyres made a
motion to contract with Land for Sale, Inc. of Maple Grove, MN, to
list the Barthel Industrial Drive site for a 12-month period.
Anderson seconded the motion. All voted aye.
The Council reviewed the contingent offer for the sale of the
water tower lot. The offer is for $27,500 and includes the
following additional terms on the Vacant Land Addendum:
32. Seller will provide and pay for sewer and water lines to
be stubbed into the property.
33. Seller agrees to pay for extra footings if needed under
garage as per the building inspector.
34. Seller to pay for removal of unforeseen debris buried on
property and fi 11 ed wi th proper compacted soi I as per
building inspector.
35. Lot is to be guaranteed buildable.
36. Closing to be on or before April 30, 1996, providing the
buyers have sold their home at 217 Oak Street, st.
Michael, MN, by March 30, 1996.
37. Earnest money to be returned if buyers cannot perform.
The Council discussed making a counter-offer eliminating '32-37.
Vetsch made a motion to reject the offer and to hold firm on
the established price and terms. Anderson seconded the motion.
All voted aye.
Kent Roessler, of Kenco Development, reviewed his concept plan
for a golf course and single and multi-family housinq for the
Council. Concept approval has been denied by the Planninq & Zoninq
Commission because of smaller lot sizes and annexation questions.
Roessler proposes that the entire 350 acres be zoned PUD (Planned
Unit Development) to allow for both the golf course and the mixed
housing densities/lot sizes. He stated that it is not feasible
financially for him to construct a golf course without havinq the
additional 30 lots to sell to pay the costs.
Roessler introduced two of his associates on the project--
Garrett Gill of Williams & Gill, a golf course architectural firm,
and John Valories, of Effective Golf Course Systems, a golf course
management company. Gill and Valories both answered questions from
the Council concerning the design and management of the proposed
golf course.
.
Roessler further explained that he is agreeable to reservinq
the property along County Road 19 currently zoned B-3 for
commercial use for a period of ten years, provided that if the
property has not been sold for commercial development during that
time period, he can proceed to develop the property into multi-
family housinq units, not to exceed 136 units.
.
.
.
ALBERTVILLE CITY COUNCIL
March 4, 1996
Page 7 of 11
John Darkenwald told the Council that one of the problems he
has experienced with selling commercial properties in the City is
the lack of density in the City. He feels that more "rooftops"
must be in before commercial development will occur.
City Attorney Couri advised the Council it could approve the
concept plan, contingent upon the annexation to the city of the
portion of the plan (approximately 59.6 acres) currently lying in
Frankfort Township.
Councilmember Vetsch suggested that the concept plan be sent
back to the Planning & Zoning Commission. He does not recommend
sacrificing smaller lots for a golf course. He prefers to see the
area zoned R-l with minimum lot sizes of 12,500 square feet and no
golf course.
Councilmember Muyres stated he has no problem with the varied
mixture housing as presented, as long all lots average 12,500
square feet.
Mayor Potter would prefer less lots with a 75' frontage.
Roessler stated that the 75' frontage lots are mixed into the first
tier street and vary in size between 75'-80' frontages.
Councilmember Muyres recommended that Roessler play with the
lot sizes to see if he can create fewer 75' frontage lots.
Vetsch made a motion to adopt RESOLU'I'IOR 11996-18 titled
RESOLU'1'IOR DBWYIRO '1'BE CORCEPT PLAB POR PARKSIDE 3RD ADDITION AKD
CEDAR CREEK GOLF COURSE AS PRESEIf'1'ED BY ItDCO, IRC. Anderson
seconded the motion. Vetsch and Anderson voted aye. Berning,
Muyres and Potter voted no. The motion failed.
Councilmember Muyres recommended a compromise. He wants up-
front assurance that the golf course will be constructed with the
Frankfort portion annexed to the city and a reduction in the number
of lots with a 75' frontage. Potter indicated a reduction of 15
lots with a 75' frontage would be agreeable.
Administrator Hale pointed out the list of items Roessler will
need for approval, including a liquor license and a billboard
advertising the golf course and housing development.
Potter made a motion to refer the issue back to the Planning
& Zoning Commission recommending they consider the compromises
suggested and address the list of items that the development will
require. Muyres seconded the motion. Potter, Muyres and Berning
voted aye. Vetsch voted no. Anderson abstained. The moti on
carried.
.
ALBERTVILLE CITY CooRCIL
March 4, 1996
Page 8 of 11
Anderson made a motion to approve the concept plan submitted
for the Summerfield Addi tion as presented. Muyres seconded the
motion. All voted aye.
.
Engineer Peter Carlson presented the Northwest Drainage Study
relating to the realignment of CSAH 37/19. Property owners
affected by right-of-way requirements all have a degree of concern
over drainage--Barthel wants to fill some of the wetland area on
his property; Darkenwalds want to eliminate a detention pond that
may be required on their commercial property; L & D Trucking wants
the ditch moved to the lot line; and Savitiski wants the ditch
behind his lot replaced with piping to give him more parking space.
Carlson proposes that 1.6 acres of the Barthel wetland be filled
and mitigated with a detention pond that outlets into the existing
wetlands. storm sewer pipe would be installed to carry the
drainage. Carlson estimates construction costs of approximately
$135,000, plus engineering, legal, and bonding costs. The costs
could be assessed to benefitting properties.
John Darkenwald indicated he is willing to pay a fair share of
the costs if the county roads are realigned.
Carlson indicated the next step on the drainage issue is to
set a publ ic hearing, probably tied together with the publ ic
hearing to be conducted for the CSAH 37/19 improvement project.
Potter made a motion to accept the construction estimate of
$135,000 for the Northwest Drainage Study as presented by Carlson.
Anderson seconded the motion. All voted aye.
Potter made a motion to adopt RESOLUTIOR 11996-24 titled A
RESOLUTION DIRECTIKG DGIKED TO REPORT NBETHER 'l'HE PROPOSED
lfORTlDfEST DRAIRAGE IMPROVEMDT IS FEASIBLE AltD THE ESTIMATED COST.
The study will include a description of the project, cost estimates
and maps outlining the project. Berning seconded the motion. All
voted aye.
Anderson made a motion to adopt RESOLUTIOR 11996-23 titled A
RESOLUTION CALLING FOR A PUBLIC HEAR IRa ON THE PROPOSED NORTHWEST
DRAINAGE IMPROVEMENT PROJECT, schedul ing the publ ic hearing on
April 15, 1996, at 7:00 PM. Berning seconded the motion. All
voted aye.
.
Carlson updated the Council on the progress of the CSAH 37/19
realignment project. The County is currently designing the project
and anticipate July 1, 1996, as start of construction.
Carlson discussed having a two-foot contour map of
approximately 3,580 acres of the city completed. Cost per acre is
$5-$6, for a total of approximately $20,000. Carlson suggested the
.
ALBERTVILLE CI~ COUNCIL
March 4, 1996
Page 9 of 11
City could recoup some of the cost by selling the maps to potential
developers.
Muyres made a motion to table discussion of the two-foot
contour map indefinitely. Anderson seconded the motion. All voted
aye.
Potter made a motion to allow Engineer Peter Carlson to appear
before the Municipal Board, if requested, at no cost to the City.
Anderson seconded the motion. All voted aye.
.
Attorney Couri and Engineer Carlson discussed the need to
review both the SAC charges and the sewer rates. Both consultants
feel a cash flow analysis of both charges should be done. Anderson
made a motion authorizing staff to prepare cash flow analysis and
report the results at the May meeting. Muyres seconded the motion.
All voted aye.
Anderson made a motion to adopt ORDINANCE '1996-5 titled AN
ORDINANCE ALLOWING 'I'IIE CI"l'Y COUNCIL TO Sft SEMER ACCESS CHAROES AND
WATER ACCESS CHARGES, AND DESIGNATING THE USE OF THE PROCEEDS OF
SUCH CHARGES. Muyres seconded the motion. All voted aye.
Mayor Potter stepped down from the Council and Acting Mayor
Berning conducted the meeting.
The Council reviewed the memo from City Attorney Couri dated
February 28, 1996, in which he discusses a local effort TIF.
Unlike a standard TIF where the city takes 100% of the increase in
taxes on a parcel of land that is developed under the program, a
formal TIF is never established, but the city, county and school
voluntarily agree to dedicate all or a portion of the increase in
taxes from the developed property to help pay for infrastructure,
etc. Couri recommended once statutory authority of the county and
school district to enter into a local effort TIF is confirmed, a
committee should be appointed to approach the school district and
the county regarding the concept in general. Each project could
then be approved on a case by case basis.
Anderson made a motion authorizing Attorney Couri to contact
either Steve Bubel of Kennedy & Graven or Mary Ippel of Briggs &
Morgan to research the statutory authority of the county and school
district to enter into a local effort TIF and to report the
findings back to the Council. Muyres seconded the motion. All
voted aye.
.
Mayor Potter resumed his duties as mayor.
Berning made a motion to table appointing two additional EDA
members at this time. Anderson seconded the motion. All voted aye.
m_n____~
.
.
.
ALBERTVILLE CITY COUNCIL
March 4, 1996
Page 10 of 11
Muyres made a motion to apply the $4,283.73 franchise fee
payment from Jones Intercable toward payment of special counsel
legal services. Potter seconded the motion. All voted aye.
Potter made a motion to authorize payment of Check #9965 in
the amount of $2,314.00 to Schmitz & Ophaug. Muyres seconded the
motion. All voted aye.
Muyres made a motion to appoint Administrator Hale and City
CI erk Houghton to the Copier Procurement Commi t tee. Vetsch
seconded the motion. All voted aye.
Potter made a motion to approve the recommendation of the
Finance Committee to reinvest approximately $562,000 in three month
Treasury bills and to renew two certificates of deposit maturing
this month for one year at Highl and Bank at 5.4% interest.
Anderson seconded the motion. All voted aye.
Potter made a motion authorizing the
Department's old tanker truck as presented.
motion. All voted aye.
sale of the Fire
Muyres seconded the
Potter made a motion affirming the Personnel Committee's
decision to lease a pager for the Public Works Department. Vetsch
seconded the motion. All voted aye.
Anderson made a motion to authorize the sale of the City's
1979 Hustler Model 285 with cab. Muyres seconded the motion. All
voted aye.
Pot ter made a motion di recting the Finance Committee to
determine how to allocate the first distribution of the Piper
Jaffrey settlement in the amount of $10,253.46. Anderson seconded
the motion. All voted aye.
Muyres made a motion to accept the petition from Roman and
Donna Becker to annex 59.6 acres of property into the Ci ty of
Albertville from Frankfort Township. Anderson seconded the motion.
All voted aye.
Mayor Potter removed himself from the Council.
Muyres made a motion to accept the petition from Michael and
Heidi Potter to annex 16.84 acres of property into the Ci ty of
Albertville from Frankfort Township. Anderson seconded the motion.
All voted aye.
Anderson made a motion to schedule a public hearing to
consider the Becker and Potter annexation petitions for April 15,
1996, at 7:00 PM. Muyres seconded the motion. All voted aye.
.
.
.
ALBERTVILLE CITY COUNCIL
March 4, 1996
Page 11 of 11
Mayor Potter returned to his duties as mayor.
Anderson made a motion directing the clerk to draft RESOLUTION
'1996-25 congratulating the STMA High School Wrestl ing Team on
their State Class A Wrestling Championship. A congratulatory
message will also be placed on the city sign. Berning seconded the
motion. All voted aye.
Potter reported that there will be a town baseball team this
year for the first time since the 1960' s. Practice time may be
scheduled for the ball fields.
Councilmember Anderson reported that the curfew ordinance is
being drafted at this time and will be ready for Council
consideration in April.
Berning made a motion to adjourn at 11: 55 PM.
seconded the motion. All voted aye.
Anderson
1/!kJJfJ&
Michael Potter, Mayor
/
t~~/\
Linda Houghton,