1996-05-06 CC Minutes• ALBERTVILLE CITY COUNCIL
May 6, 1996
Albertville City Hall 7:00 PM
PRESENT: Mayor Michael Potter, Councilmembers Curt Muyres,
Sharon Anderson (10:05 PM), Duane Berning, and John Vetsch, City
Administrator Garrison Hale, City Clerk Linda Houghton, 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 5o - Award bid for sale of water tanker truck to
Don Anderson for $910 with delivery on or before May 20, 1996
(2) Add Item 9d - Fire Committee Report
(3) Add Item 9e - Senior Housing Discussion
(4) Add Item 9f - Finance Committee Report
Berning made a motion to approve the agenda as amended. Muyres
seconded the motion. All voted aye.
Berning made a motion to approve the minutes of the April 1,
• 1996, regular City Council meeting, the minutes of the special
meetings conducted on April 10 and April 15, 1996, and the minutes
of the April 10, 1996, Board of Review Hearing as presented.
Muyres seconded the motion. All voted aye.
Muyres made a motion to approve payment of Check Vs 10116-
10158 as presented. Berning seconded the motion. All voted aye.
Mayor Potter asked if anyone in the audience wished to address
the Council under Community Forum.
Bernie Marx told the Council he feels the City should correct
the drainage on his property since he has been asked to donate
nearly three-quarters of an acre of land for the County Road
realignment project.
Muyres made a motion to approve the Financial Statement for
the period March 28 - May 1 as presented. Vetsch seconded the
motion. All voted aye.
Muyres made a motion to approve the Follow -Up sheet from the
April 1, 1996, meeting as presented. Vetsch seconded the motion.
All voted aye.
Muyres made a motion to accept March 1996 Wastewater Operation
• Report as presented. Vetsch seconded the motion. All voted aye.
Muyres made a motion to approve a 3.2 Non -Intoxicating Liquor
License for the 152 Club Softball Team from 8:00 AM to 8:00 PM on
May 17th and May 18th at City Park. Vetsch seconded the motion.
• ALBERTVILLE CITY COUNCIL
May 6, 1996
Page 2 of 8
All voted aye.
Muyres made a motion to approve City participation in the
Certification of Local Performance Measures Aid Payable in 1997.
Vetsch seconded the motion. All voted aye.
Muyres made a motion to approve the rate increase from $8 to
$9 for daily impound charges and from $25 to $27 for disposal of
unclaimed animals in the Animal Impound Agreement with the City of
Monticello. Vetsch seconded the motion. All voted aye.
Muyres made a motion to accept the LMCIT Property and Casualty
Inspection Report as presented. Vetsch seconded the motion. All
voted aye.
Muyres made a motion to approve the City Departments Report as
presented. Vetsch seconded the motion. All voted aye.
Muyres made a motion to appoint Councilmember Muyres as the
second representative on the Annexation Committee. Vetsch seconded
• the motion. All voted aye.
Muyres made a motion to approve the purchase of playground
equipment for Westwind Park from Earl. F. Anderson, Inc. in the
amount of $22,295.78. Vetsch seconded the motion. All voted aye.
Muyres made amotion to approve the request from the
Albertville Friendly City Days Committee to close various City
streets during Friendly City Days June 6th - June loth. Vetsch
seconded the motion. All voted aye.
Muyres made a motion to approve the request from Albertville
Friendly City Days Committee to extend City Park hours to 1:00 AM
on Friday, June 7, 1996, and to 12:00 Midnight on Saturday, June 8,
1996. Vetsch seconded the motion. All voted aye.
Muyres made a motion to accept the State Demographer's Office
1995 population estimate of 2,114 and the 1995 household estimate
at 718. Vetsch seconded the motion. All voted aye.
Muyres made a motion to adopt RESOLUTION #1996-41 titled
ESTABLISHING A CAPITALIZATION POLICY. Vetsch seconded the motion.
All voted aye.
Muyres made a motion to award the sale of the old tanker truck
• to Don Anderson for $910. Delivery of the vehicle will be on or
before May 20th. Vetsch seconded the motion. All voted aye.
Jim Valerius, President of the STMA Youth Hockey Association,
explained that the association has applied for a state -funded
• ALBERTVILLE CITY COUNCIL
May 6, 1996
Page 3 of 8
Mighty Ducks grant to help finance the proposed hockey arena. The
application was rejected because the association did not have
governmental support. The Association is applying again for the
grant and is requesting that the City of Albertville enter into an
Partnership Agreement to facilitate the application. The agreement
would not require any financial commitment from the City but may
require that the City agrees to plow the parking lot and/or mow the
grounds. The Hockey Association will also be contacting the school
district to request support for the arena. Similar agreements have
been drafted between associations and cities in Blaine and in Elk
River.
Muyres made a motion to table a decision on City participation
until the attorney and the administrator have the opportunity to
review sample agreements and STMA Youth Hockey Association's
application for the Mighty Ducks grant. Vetsch seconded the
motion. All voted aye.
Jim Krystosek reviewed the counter offer proposed for the
purchase of the water tower lot. The offer is a non -contingent
• offer for $26,500 with a July 26 or sooner closing. The buyer
agrees to pay for the soil borings on the lot but requests that the
City (seller) pay for the lot survey.
Berning made a motion accepting the offer to purchase the
water tower lot from David and Virginia Carlson in the amount of
$26,500. Muyres seconded the motion. All voted aye.
The Council reviewed RESOLUTION #1996-33 titled A RESOLUTION
APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT OF
BIDS FOR THE NORTH FRONTAGE ROAD SANITARY SEWER PROJECT. City
Attorney Couri explained that state law requires that a project be
accepted within six months of the public hearing or another public
hearing must be conducted. Because of uncertainties regarding
sizing of the pipe and area to be served by the sanitary sewer,
Berning made a motion to table RESOLUTION #1996-33 indefinitely.
Muyres seconded the motion. All voted aye.
The City has been advised that the illegal fence at 6247 62nd
Street NE has not yet been brought into compliance with city
ordinances. City Attorney Couri explained that he had sent a
certified letter to the property owners, but the property owner
refused to accept the letter. The consensus of the Council is to
have the Sheriff's Department hand deliver the letter to the owner
prior to further action by the City.
. The Council discussed the non -conforming use of property at
5667 Main Avenue NE. The lower level of the building is commercial
and the upper level is residential. The property owner has
indicated that he will pursue rezoning on the property to bring it
• ALBERTVILLE CITY COUNCIL
May 6, 1996
Page 4 of 8
into compliance with city ordinances. The attorney recommended no
action at this time, contingent upon a rezoning application being
submitted for consideration on or before May 22, 1996.
The Council reviewed the quote from Richard Miller to install
storm sewer pipe on his property to complete the agreement between
the City and Miller. The project was approved for construction by
the City in return for an drainage easement across the Miller
property. Potter made a motion directing the administrator to
secure a second quote on the installation of a storm sewer pipe on
the Richard Miller property and to proceed to have the project
completed by the low bidder. Berning seconded the motion. All
voted aye.
The Council reviewed the quotes on the purchase of a new copy
machine. Potter made a motion authorizing staff to select and
order the copy machine best suiting their needs between the Minolta
and a Toshiba copy machine and to advertise the City's old copy
machine for sale by sealed bids closing June 3, 1996, at 4:30 PM.
The Council will consider the bids at the June 3, 1996, regular
. meeting. Vetsch seconded the motion. All voted aye.
Mayor Potter opened, the public hearing to consider the
realignment of County Roads 37 and 19.
City Attorney Couri gave the Council an overview of the
project and the options available to the Council. The three
options are:
(1) Full Project Option. This would improve CSAH 37/19 as
proposed by Wright County. This City could finance its portion of
the project through use of $180,000 in excess TIF debt service
funds and by bonding for the balance. Bond sale totaling $400,000
would require a city levy of $20,000-$30,000 per year for eight
years.
(2) Highway 19 and West 37 Only. This option would improve
only that portion of County Road 37 west of County Road 19. By
choosing to proceed with this option, the City would not be
required to obtain right of way from any property owner east of
County Road 19 (Savitski, L & D Trucking, Peterson properties).
Bonding for this project would require a City levy of $8,000-
$10,000 annually for eight years.
(3) No Project Option. By choosing this option the City opts
not to make any improvement to the area.
Couri further explained that the agreement with Wright County
as proposed calls for the County to pay approximately 80% of the
• total project costs. The City is responsible for securing all
right of way. The County proposes to begin construction this
summer on the west portion of CSAH 37 with completion of the east
portion of CSAH 37 and all of CSAH 19 from 57th Street to I-94 next
• ALBERTVILLE CITY COUNCIL
May 6, 1996
Page 5 of 8
summer. Should the Council opt to proceed with any portion of the
project, Couri advised that an appraiser should be brought in to
verify benefit to specific parcels and to establish right-of-way
values.
Mayor Potter opened the meeting for public comment.
Diane Vinge, owner of L & D Trucking, questioned if the
improvement east of CSAH 19 would be constructed. She is waiting
to proceed with various improvements to her property until she
knows exactly what the City and County are going to do.
A resident of the Westwind Addition questioned whether the
proposal would include any noise reducing barriers or screening
between the newly constructed street and the residential portion of
the area. There are no plans for any barriers at this time.
Lee Peterson questioned whether discussion with MNDOT
regarding an freeway entrance/exit ramp on County Road 19 is being
pursued. Mayor Potter explained he feels that eventually an
• entrance/exit ramp will be constructed on County Road 19 but not
immediately.
There were no further comments from the audience.
Attorney Couri explained that a street into Di's Hardware from
61st Street is shown on the plans. However, the City has no legal
obligation to put in this street since the DJ's property actually
has no present access to County Road 37. Couri recommends that if
the Council proceeds with the east portion of the project, the City
will put in the street to DJ's in exchange for DJ's giving the City
right of way. He further recommended that an appraiser be hired to
continue negotiating with property owners. However, in order to
guarantee that the County can proceed with the first phase of
construction this summer, Couri recommended that the Council adopt
a resolution authorizing condemnation of properties for right of
way purposes.
Potter made a motion to proceed with the full project to
improve CSAH 37/19 through an intersection realignment, to
authorize the city attorney, engineer, and administrator to proceed
with securing right of way and obtaining a land appraiser, and to
enter into the Funding Participation and Construction Agreement
with Wright County. Vetsch seconded the motion.
Councilmember Berning stated he is in favor of improving the
west portion of CSAH 37 only. He does not feel the City should
force property owners to the east to have CSAH 37 realigned through
their property.
ALBERTVILLE CITY COUNCIL
May 6, 1996
Page 6 of 8
Diane Vinge stated she is not against the project, but she
does have concerns over how the project will affect her parking and
drainage.
Attorney Couri reiterated that without an appraisal on the
properties it is impossible to determine the benefit/detriment
there may be to the properties.
Berning further added that there is a major cost difference in
the levy amounts required to finance the entire project compared to
financing only the west portion of the project. Couri suggested
that the cooperative agreement could possibly be revised to allow
the City to option out of the eastern portion of the project.
However, there are no guarantees that the County would agree beyond
the present time frame.
Councilmember Muyres stated that he feels the project is
feasible with minor impact on taxes. The levy for the General Fund
Reserve could be decreased in amount equal to the levy necessary to
fund the new debt. Muyres supports either proceeding with the full
• project or no project.
Mayor Potter called for a vote on the motion on the floor.
Potter, Vetsch, Muyres and Berning voted aye. The motion carried
by the necessary four -fifths of the Council.
Berning made a motion to adopt RESOLUTION #1996-42 titled
RESOLUTION AUTHORIZING PROCUREMENT OF LAND AND TEMPORARY
CONSTRUCTION EASEMENTS FOR IMPROVEMENTS TO COUNTY HIGHWAYS 19 AND
37 BY EMINENT DOMAIN. Vetsch seconded the motion. All voted aye.
Muyres made a motion authorizing Kennedy & Graven to proceed
with modification of the TIF District #5 budget to include use of
funds for the CSAH 37/19 Improvement Project. Vetsch seconded the
motion. All voted aye.
Based ont he recommendation of the Planning Commission, Muyres
made a motion to grant preliminary plat approval for the Parkside
3rd Addition and to adopt the Findings of Fact and Decision
regarding the plat, subject to the developer entering into a
Developer's Agreement with the City. Vetsch seconded the motion.
All voted aye.
Muyres made a motion to refer the mowing bids to the Public
Works Committee for a recommendation. Berning seconded the motion.
All voted aye.
• Berning made a motion to authorize the engineer to acquire an
easement/permit to allow the culvert under the railroad tracks to
be lowered and to proceed with the project using funding from the
• ALBERTVILLE CITY COUNCIL
May 6, 1996
Page 7 of 8
storm water billings and connection charges. Muyres seconded the
motion. All voted aye.
The Council discussed platting standards with the city
engineer. City Engineer Pete Carlson explained that problems with
sizing utilities are created when only a portion of a larger piece
of property is presented for platting. Carlson gave the example of
the proposed Summerfield Addition, a ten acre parcel, adjoining the
Sylvester Kolles property. In order to determine what the proper
storm sewer sizing in the Summerfield Addition, the entire Kolles
property should be platted, at lease conceptually, since that
property will drain through the Summerfield Addition as well. The
other option Carlson discussed is that the City could determine
that in similar situations the proposed plat is ruled premature and
is denied on that basis.
Anderson made a motion directing staff to prepare a policy
regarding large parcel platting. Vetsch seconded the motion.
Anderson, Vetsch, Berning, and Potter voted aye. Muyres voted no.
The motion carried.
Councilmember Muyres explained he voted no on the issue
because he feels that the City already has a solution to the
problem in determining a plat is premature.
Councilmember Anderson updated the Council on the Westwind
Park development. Walking paths are being cut into the park this
week. Playground equipment has been ordered and will be installed
by the Albertville Jaycees. Completion of Westwind Park is
targeted by the end of June.
Councilmember Muyres updated the Council on progress on
annexation issues. A meeting with Frankfort Township has been
scheduled for May 13th in an attempt to reach a compromise.
The Council discussed placement of the salt shed. City
Engineer Carlson feels that the City should consider purchasing
some of the Skoglund Sign property and construct a Public Works
building on that site along with the salt shed. The only other
feasible option is to place the salt shed at the wastewater
treatment site. The consensus of the Council is to construct the
salt shed at the wastewater treatment facility.
City Administrator Hale has met with Fire Chief Dave Vetsch
about establishment of a Fire Committee to iron out building needs,
recruitment and retention of membership and the Fire Relief Fund
deficit. Hale recommends appointment of two Councilmembers and
himself to the Fire Committee.
•
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ALBERTVILLE CITY COUNCIL
May 6, 1996
Page 8 of 8
Muyres made a motion to appoint Mayor Potter, Councilmember
Berning and Administrator Hale to the Fire Committee. There was no
second to the motion and the motion failed.
Berning made a motion to appoint Mayor Potter, Councilmember
Muyres and Administrator Hale to the Fire Committee. There was no
second to the motion and the motion failed.
Anderson made a motion to appoint Mayor Potter, Councilmember
Vetsch and Administrator Hale to the Fire Committee. Muyres
seconded the motion. Anderson, Muyres, Vetsch and Potter voted
aye. Berning voted no.
Doug Psyk, representing the CMIF Senior Housing Group,
requested that the City consider purchasing 12 acres of property
west of the Catholic church, have it appraised and sell a portion
of the land to the Feneis Brothers for a senior housing plat.
Councilmember Muyres stated that the Council has already made
the decision to participate in the senior housing project only by
the creation of a TIF Housing District.
Councilmember Muyres reported that the Finance Committee is in
the process of restructuring the City's investments through Shirley
Hogan of Dain Bosworth.
The Council reviewed the memo from the Public Works Department
about the repair of the tractor/loader. Anderson made a motion to
authorize the Public Works Department to have the tractor/loader
repaired. Muyres seconded the motion. All voted aye.
Councilmember Anderson commended the Public Works Department
on the quality report submitted on the tractor/loader repair, which
outlined rental costs, repair costs and uses for the
tractor/loader.
Anderson made a motion to adjourn at 11:10 PM. Muyres
seconded the motion. All voted aye.
A;&� PR�
Michael Potter, Mayor
Linda Houghton, Cl
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