1996-04-15 CC Minutes Special 7:00 p.m.
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ALBERTVILLE CITY COURCIL
SPECIAL HEftING
April 15, 1996
Albertville City Hall
7:00 PM
PRESENT: Mayor Mi chael Potter, Counci lmembers Duane Berning,
John Vetsch, Curt Muyres and Sharon Anderson (10: 00 PM), Ci ty
Attorney Mike Couri, City Engineer Peter Carlson, City
Administrator Garrison Hal e and Ci ty CI erk-Treasurer Linda Houghton
Mayor Potter called the special meeting of the Albertville
City Council to order.
1996
The agenda was amended by adding the following:
Item 20 - Request from JMJ Properties - Letter dated April 12,
Item 2p - Discuss letter and request for direction from Peter
Schmi tz of Schmi ts & Ophaug, special legal cousel, regarding
annexation proceedings
Item 2q - Approve bid on crack sealing materials
Berning made a motion to approve the agenda as amended. Muyres
seconded the motion. All voted aye.
Mayor Potter removed himself from the Council and turned the
meeting over to Acting Mayor Berning.
Berning explained the Becker property and the Potter property
individually petitioned by the property owners to be annexed to the
City of Albertville lie within the portion of Frankfort Township
that the city initiated for annexation. Attorney Schmitz has
informed the City, that in accordance with M.S. 414.033
subd. 6, the actions presently under the jurisdiction of the
Municipal Board stops the Council from taking any action on either
the Becker or Potter annexation requests at this time.
Muyres made a motion to continue the Public hearings for the
Roman & Donna Becker and Michael & Heidi Potter in accordance with
M.S. 414.033 Subd. 6 for annexation until final disposition of
other boundary adjustments have been decided for the same land.
Vetsch seconded the'motion. All voted aye.
Mayor Potter returned to the Council to continue the meeting
at 7:10 PM.
Because the public hearing on the Northwest Drainage
Improvement Project was not scheduled to begin until 7:30 PM, the
Council continued on with the remaining agenda items.
Jim Krystosek presented an offer for the purchase of the water
tower site. The offer written by an Edina Realty representative is
for $24,000. There are two miscellaneous contingencies--(1) the
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ALBERTVILLE CITY COUNCIL
April 15, 1996
Page 2 of 7
lot is guaranteed buildable and (2) no toxic or hazardous waste is
buried on the site. Mayor Potter stated the Council needed time to
review the offer before making a decision to accept, reject or
counter offer.
Vetsch made a motion to approve the following liquor licenses:
152 Club - On & Off Sale, Sunday
KD's Family Restaurant - On Sale and Sunday
Muyres seconded the motion. All voted aye.
Preston Van Schepen reviewed the list of equipment PSG
recommends for purchase for the wastewater treatment faci I i ty.
Operational equipment includes a Dissolved Oxygen Meter and a pH
meter with miscellaneous attachments. Total cost of the
operational equipment is $2,782.15. Van Schepen provided
recommendation for the purchase of safety equipment, including a
Personal Gas meter, fall restraint system for Lift Station and a
harness for the fall restraint system. Total cost for the safety
equipment is $2,144.10.
Counci lmember Muyres questioned whether the items Schepen
recommended for purchase by the City should actually be provided by
the contractor. Schepen stated that the City will own the
equipment and should the city decide not to renew the contract, the
City would have the necessary equipment.
Potter made a motion to approve purchasing the operational
equipment and the safety equipment as recommended by PSG at a not
to exceed cost of $4,926.25. Vetsch seconded the motion. All
voted aye.
At 7:30 PM, Mayor Potter convened the public hearing on the
Northwest Drainage Improvement Project.
city Engineer Pete Carlson explained the project consists of
installing storm sewer pipe, a new culvert under County Road 19, a
detention pond and a cuI vert under the rai I road tracks. The
project will benefit property owners who will not be required to
engineer detention ponds on their property, will allow Don Barthel
to fill some wetland areas to give 200' depth south of 60th Street,
and will give Andy Savitski's property more room fo~ ~arking and
vehicle movement.
Construction cost for the project is estimated at $195,000.
If the project were assessed 100% to the benefitting 19+ acres of
land, the assessment would be around $10,000 per acre.
Mayor Potter asked for comment from the audience.
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ALBERTVILLE CITY COUNCIL
April 15, 1996
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Albert Barthel questioned why the Marx property was not
included as a benefitting property. Carlson explained that the
Marx property will drain to the north through storm sewers and he
could therefore not show a direct benefit.
Don Barthel stated he feels the concept is good but more
properties should be assessed.
Albert Barthel asked if the City could contribute to the cost
of the project by using funds collected through storm sewer
quarterly billings. Councilmember Berning indicated he would not
be opposed to the City using storm sewer funds to pay for the cost
of the culvert under the railroad tracks. .
Andy Savitski believes the City Park will benefit
improved drainage and the Ci ty shoul d be responsibl e for
additional costs.
from
some
Although representatives from John-George, Inc. were not
present, Attorney Couri reported they have indicated to him that
they would be willing to pay assessments of $5,000 per acre. If
all other property owners agree, John-George Inc. would pay up to
$6,000 per acre assessment.
Diane Vinge, owner of L & D Trucking, does not believe her
property benefits from the improvement and therefore should not be
assessed. Ci ty Engineer Carlson stated that her parcel was not
included in the assessable acreage.
Mayor Potter asked the property owners to state what amount
per acre they would agree to be assessed.
Don Barthel believes more outlying acreage also benefits from
the proposed improvement and should be assessed as well. He would
not be opposed to an assessment of $5,000 per acre.
Andy Savitski would agree to be assessed in the $5,000 per
acre range.
Mayor Potter asked for any other public comment. There was
none.
Muyres made a motion to close the publ ic hearing. Berning
seconded the motion. All voted aye.
City Attorney Couri advised the Council to either have the
landowners sign an assessment agreement before proceeding with the
project or hire an appraiser to evaluate the properties before the
improvement is made.
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ALBERTVILLE CITY COUNCIL
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City Engineer Carlson was asked if the project could be
revised to eliminate some of the estimated costs. Carlson
explained that approximately 300 feet of 24" storm sewer pipe along
County Road 19 could be eliminated by ditching and possibly some
piping from Lachman Avenue to 60th street may be excluded if the
elevation of the storm sewer on 61st street is adequate. Carlson
further explained that the cost savings from eliminating the piping
would not exceed $30,000, leaving approximately $65,000-$70,000 of
the project unassessed.
Muyres made a motion to table the Northwest Drainage Project
indefinitely. Berning seconded the motion. All voted aye.
City Engineer Carlson explained to the Council that he will
not be leaving SEH, Inc. as he reported at the I ast meeting.
Carlson suggested the Council table action on appointing Scott
Harri as city engineer until after Carlson and Harri meet with the
administrator and the council to discuss his job performance and
the City's expectations.
Pot ter made a motion
engineer's office from st.
Muyres seconded the motion.
to tabl e the transfer of the
Cloud to Minnetonka at this
All voted aye.
city
time.
Potter made a motion directing the Council and staff to review
Carlson's work as City Engineer and make comments in writing to the
City Administrator prior to meeting with Carlson. Muyres seconded
the motion. All voted aye.
City Planner David Licht reviewed the proposed Land Use Plan
portion of the Comp Plan with the Council. The Land Use Plan will
be revised as discussed and presented at the Planning Commission
meeting on April 30.
Licht reviewed the proposed Comprehensive Park and Trai I
System proposal. The Planning Commission has recommended that the
Council approve using the $10,000 CMIF grant to proceed with the
project without the optional Community Recreation Survey.
Potter made a motion to approve a contract with NAC, Inc. to
proceed wi th a Comprehensive Park and Trai I PI an wi thout the
Communi ty Recreation Survey and detai I ed design at a cost of
$10,265. Further, to approve the Community Recreation Survey at an
additional cost of $2,327.00 if the service organizations agree to
donate the cost of the survey. Vetsch seconded the motion. All
voted aye.
As recommended by the Planning Commission at their April 9,
1996, meeting, Potter made a motion to deny the preliminary plat of
Summerfield Addition because complete plans have not been
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submitted. Muyres seconded the motion. All voted aye.
Potter made a motion to approve RESOLUTION #1996-39 titled
ESTABLISHING A PROCESS FORA SUBDIVISION REVIEW PROCEDURE. Berning
seconded the motion. All voted aye.
The Council discussed methodology for gathering census data
pertinent to the Frankfort Township annexation issues. Ci ty
Attorney Couri told the Council that the state demographer provides
the Municipal Board wi th population figures for annexed properties.
The demographer may do so for a petitioning party as well. Berning
made a motion to continue the census data issue to the May 6, 1996,
meeting and to direct the administrator to contact the
demographer's office to determine if census data can be obtained
through the department. Potter seconded the motion. All voted
aye.
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Mayor Potter explained that the bids for contracted mowing
have been reviewed by the Public Works Committee. The ad for bids
call ed for prices on a per hour basis. Due to the variety of
equipment provided, it is impossible to compare bids. Muyres made
a motion rejecting all bids submitted for contracted mowing and
directing staff to prepare a Request for Proposal (RFP) for the
contracted mowing service. Vetsch seconded the motion. All voted
aye.
The Personnel Committee is recommending the City advertise for
a part-time typist/file clerk aide position. Funds to cover the
part-time position for 16 hours per week have been included in the
1996 budget. Anderson made a motion to advertise for the position
of typist/file clerk aide on a 16 week per hour basis (Tuesdays and
Thursday from 8:00 - 4:30). Potter seconded the motion. All voted
aye.
Potter made a motion to approve RESOLUTION '1996-40 titled
DECLARING THE OFFICIAL INTENT OF THE CITY OF ALBERTVILLE TO HAVE
MINNESOTA STATUTES SECTION 272.162 RELATING TO RESTRICTION ON
TRANSFERS OF SPECIFIC PARCELS OF PROPERTY ENFORCED BY WRIGHT
COUNTY. Anderson seconded the motion. All voted aye.
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Attorney Couri reviewed the two letters from steven J. Bubul
of Kennedy & Graven regarding Local Tax Assistance and Local Tax
Assistance/School District Participation. Couri recommended that
a concept of how local tax assistance could encourage business to
locate in the city and benefit the city, the school district and
the county. Councilmember Vetsch is opposed to using tax dollars
to bring businesses into the Ci ty. Berning made a moti on to
appoint Councilmember Muyres and Administrator Hale to take the
Local Tax Assistance concept to both the school district and Wright
County for their input. Anderson seconded the motion. Berning,
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ALBERTVILLE CITY COUNCIL
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Pot ter, Muyres and Anderson voted aye.
motion carried.
Vetsch voted no.
The
Mayor Potter removed himself from the Council at 10:45 PM.
Acting Mayor Berning conducted the meeting.
The Council reviewed the letter dated April 12, 1996, from Jim
Morse of JMJ Properties Inc. requesting that the City guarantee
35,000 gallons per day sani tary sewer capaci ty in 1997 for his
proposed development and that a state permit to cross the creek
with a sewer line be secured by mid-1996. Muyres made a motion
directing the administrator to contact Morse and inform him of the
costs of connection to the sanitary sewer system and of the fact
that the City is having our engineer look into sewer extension to
service his property. Further, the City cannot guarantee a state
permit to cross the creek, as it is questionable whether a permit
is necessary, but the Ci ty can give a condi tional guarantee of
35,000 gallon per day sewer capacity for a limited time period.
Anderson seconded the motion. All voted aye.
The Council reviewed the letter from Attorney Peter Schmitz
concerning the annexation issues. Schmi tz recommends that the
Counci 1 authorize him to meet wi th attorneys from st. Michael,
Frankfort, and otsego prior to the Municipal Board's hearing on May
9 in an attempt to work out a possible solution. Schmitz also
requested the use of City resources (engineer, planner, etc.) to
prepare the City's position at the annexation hearings.
Councilmember Muyres stated there would be no benefit to
having the attorneys meet at this point as he believes the
Municipal Board will require a minimum of three meetings between
all parties prior to making their decision.
Anderson made a motion to schedul e a closed meeting wi th
Special Attorney Schmitz to discuss the City's options on
annexation and the possibility of litigation related therein on
April 25, 1996, at 6:30 PM. Muyres seconded the motion. All voted
aye.
Mayor Potter explained that the Public Works Department has a
quote on crack sealing material at $.30 per pound. The amount of
material needed wi 11 exceed $1000.00. Muyres made a motion to
approve the Public Works Department's purchase of crack sealing
material at a approximate cost of $2000. Berning seconded the
motion. All voted aye.
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Berning made a motion to adjourn at 11:25 PM. Muyres seconded
the motion. All voted aye.
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Michael Potter, Mayor