1996-07-01 CC Minutes
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N~JVILLE cln mtE'IL
.lull' 1, 1996
Albertville eitf aall
7:00 PM
....D'!': Mafor Micha.l Potter (arrived 8:17 PM),
Counci l...-bers CUrt Murr.., Duan. B.rnin" John Vet.ch, and Sharon
Ander.on (9:50 PM), Citf AdBdni.tr.tor O.rri.on Hal., City Clerk
Lind. Hou,hton, City BD,in..r P.t.r C.rl.on, and City Attorn.y Mike
Couri
Mayor Potter call.d .the r.,ular ....tin' of the Albertville
Citr Council to ord.r.
The
(1)
(2)
(4)
.,.nd. w.. ~nded .. follow.:
Add It.. 5e - Aco.pt Pire In.urance CI..sification
Add It.. 6 - Korth Pront.,. 8anit.rf Sewer Project -
Di.cus.ion
Add before It.. 7. - Clo.ed ....ion (.pproxi..t.ly 9:30
PM) to di.cus. ann.x.tion .ettl...nt
Bernin, _d. . motion to .pprov. the a,end. .. .-ended.
Muyre. .econded the motion. All voted .re.
'fh._nut.. of the Jun. 3, 1996, ...tin, w.re ~nded to .t.te
that Actin, M.ror Bernin, called the ...tin, to order.
Murr.. ..d. a IaOtion to .pprov. the _nut.. of the June 3,
1996, regul.r ...tin, .. .-ended and the .u.nut.. of both special
me.tin,. conducted on Jun. 17, 1996. B.min, .econded the motion.
All voted aye.
Vet.ch ..de a motion to approve p.,..nt of Check ". 110251 -
10288 a. pr..ented. B.rnin, .econded the IaOtion. All voted aye.
Bunnr Hall, Chair of the a.lay for Life Committee, expl.ined
the schedule of ev.nt. to be conducted on July 26 at S'fMA Hi,h
School. 'fh. cOlllli t t.. requ..ted u.. of tb. oi tf' . tabl es and
chai r. for the event. 'fh. Counci 1 .'reed to allow the C~ t tee to
u.e the picnic table. and chair. fro. Citr Park for the event.
Ern..t P.at., .ttorn.r r.pr...nting ..lfanr Development and
Bernard Roden, expre..ed hi. client's pl...ure with the potential
annexation .'r....nt .. th.y und.r.t.nd it. 'fhe Council will
discus. the pot.ntial .Or....nt lat.r in the ..etin,.
B.rnin, ..d. a MOtion to .pprove tb. Pinancial Statement for
June. Murre. ..conded the motion. All voted .ye.
B.rnin, ..d. . IaOtion to .pprov. the Pollow Up Sheet from the
June 3, 1996, ..etin, a. pre..nted. Muyre. .econded the motion.
All voted .re.
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ALBBR~ILLE CI~ COURCIL
July 1, 1996
Page 2 of 6
Berning made a motion to approve the City Department Report as
pre.ented. Muyre. .eoonded the .otion. All voted aye.
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Berning made a motion to approve the Wastewater Treatment
Paci 1 i ty Operation a.port for the ..nth of Nay a. pre.ented.
Nuyre. .eoonded the IaOtion. All voted aye.
Berning made a IaOtion to approve paJlMtnt of the Central
Minnesota Initiative Puad Partner. Pledge for 1996/97 in the amount
of '1,000. Muyre. .eoonded the .otion. All voted aye.
The Council reviewed Ordinanoe '1996-13. The Council agreed
to delete 8eotion 2(c). .erning ..de a IaOtion to approve ORDIBUCE
'1996-13 titled U Gm>>11IUCa UL&lflllCJ ~ ft& UGULA!'IOII 01'
8ID"ALK8, ...181lflllO !lIB va or DSVICIIS .... AS 8U!'88OA1tD8,
aOLLa ..,..,a,.a..., UD ~... Ia aI_ALa UD 8I'ItD!'8 I. 'fIlE
~TdL _1_ DISftICl' or !1m Clft or ILBDWILL8 as amended.
Muyre. seconded the IaOtion. All voted aye.
Bernin9 _de a .otion to approve oaDI.uca '1996-17 titled U
OItDI.uca "'181"1110 1.01,.1110 AIID PItOVIDIIICJ '-AL!'IBS POR
VIOLA"I. MID ~Illia~.. 'IIIa"-. Nurre. aeoonded the motion.
All voted ar..
Berning _de a .otion to approve a 3.2 License for at.
Albert'. Churoh on July 21, 1996, fr~ aoon to 7:00 PM at the 8t.
Albert'. Pari.h Center. Nuyre. .eoonded the .otion. All voted
aye.
Berning made a IaOtion to accept a $1000 donation from the
Knight. of Colu.bua for park l..rov...nt.. Muyres ..conded the
motion. All voted aye.
aerning_de a motion ratifying and confirming the charge. for
copies at '0.25 per copy. Nuyre. .econded the motion. All voted
aye.
aerning ..de a ..tion to accept the City Attorney's Project
Update report. aa pre.ented. Nuyre. .econded the motion. All
voted aye.
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Berning made a .otion to aooept the I'ire Insurance
Cla..ification report for the City of Albertville as pre.ented.
Nuyre. .econded the motion. All voted aye.
Potter ..de a motion to table action on R880LU!'IOII '1996-46
pending the outc~ of the potential .ettl...nt of the aanexation
agreement. Nuyre. .econded the motion. All voted aye.
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ALBa'lVILLB Cln OOUIICIL
Jul~ 1, 1996
Pag. 3 of 6
Potter made a motion to allow the Rel.~ for Life Committee to
use the available table. and ohairs from City P.rk .nd Pour Seasons
Park on July 26, 1996. Muyr.. s.oonded the motion. All voted aye.
'lhe Council po.tponed di.ous.ion of tbe Cono.pt Plan Agr....nt
Of or the Sylv..ter Koll.. prop.rty until the cit~ attorney is
present.
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Cit~ Engineer Carlson has r.c~nded that the City Council
work wi th tb. Sohool Board to cr.ate . park and a storm water
retention pond on tbe .cbool-owned fi.ld bebind the primary sohool
to corr.ct the drainage prohl... in tbe are..
Muyres ..de a motion directing Mayor Pott.r to discuss the
issue of drainage and the City &ng1...r'. rec_ndation. for
correcting tb. probl_ with tb.-Scbool Board. Berning seoonded the
motion. All voted aye.
"he Counoil po.tponed di.oussion of the Parksid. 3rd Addition
Orading P.r.dt Letter of Credit until the attorney arriv...
City Engin..r Carl.on will bave plana and .peo. for the Korth
Prontage aoad Sanit.ry Bewer ..ten.ion ready for the July 15, 1996,
speoial ..eting.
Cit~ Attorn.y Couri reviewed tbe CODcept Pl.n Agreement with
Sylve.t.r Kolle. for biB entire property. Potter mad. . motion to
approve the Cono.pt Plan Agre..-nt .s pr..ent.d, contingent upon
the engine.r'. .pprov.l. Mu~r.. .eoond.d the motion. All voted
aye.
'lhe Counci 1 di.cussed tb. Park.ide 3rd Addition Orading Permi t
and the appropriate lett.r of credi t n.c....ry to be beld as
surety. Kent Roe..ler propo.e. to allow the letter of cr.dit in
the amount of '21,450 .till h.ld by tbe City for Park.id. 1st and
2nd Additions for tb. gr.ding permit .ur.ty. Cit~ Engineer Pete
Carl.on ha. r.co_nded that the .urety b. in the amount of
$50,000. Roe..l.r beli.v.. . '50,000 l.tt.r of credit is
exo..sive, but b. will provide tbat amouat.
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Don Jen.en, Develo,..nt Direotor for It.nco Con.truction, has
propo.ed usin9 a c~i..t1OD of . l.tt.r of , credit to cover city's
exp.n.e. in tb. P.rkaid. 3rd Addition and bond to cover the .ctual
construotion .nd install.tion portions of the d.velopment. City
Attorney Couri stated that bonds ar. "dev.lop.r friendly" but he
do..n't se. the benefit to the City to us. bonds. Colleoting on
bonds is more diffioult that drawing on . letter of credit.
Jensen also discussed Itenco's desire to obtain building
permits for three model homes in the P.rkside 3rd Addition before
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ALBBltWILLE CIft OOUIICIL
July 1, 1996
Page 4 of 6
the curb, gutter and street is cOJDpleted. The hOlRes would be
constructed on lots accessible to the eaisting gravel farm road.
The hames will be designed and constructed with a 5' slope to the
curb elevation to ensure that there is adequate slope after the
curb is installed. City Attorner Couri indicated that a separate
agreell8Dt .hould be drafted if the COUDcil allo.s early
construction. Council~r Vetsch is opposed to allowing building
permits to be issued prior to installation of the curb.
Muyres made a ~tion to approve the Orading Contract for the
Parkside 3rd Addition with a $50,000 letter of cr.dit as surety,
and to direct the Citr .ngineer to draft an .gr....nt .llowing for
the early construction of thr.e model ho.es in the P.rk.ide 3rd
Addition. Potter seconded the motion. All voted .re.
The Council briefly diacuaaed the letter of credit vs. bonding
for suretr on the entire P.rkside 3rd Addition. Councilmember
Muyres feels the Council may .llow . c~in.tion of the two types
of sureties, provided the letter of credit covers the majority of
the project.
Engineer Carlson reviewed the Borth Front.ge Road Sewer
Project and stated tbe ..in di_ter could be incr..aed from the 8"
proposed to s.rve a l.rg.r are.. pott.r _d. a motion to .stablish
a public bearing on the Borth Frontag. Road Sanitary Sewer
Eatension for July 24, 1996, .t 7:30 PM .t Citr B.ll. Berning
seconded the ~tion. All voted aye.
C.rlson r.vi...d the proj.ct update list with the Council.
The Council dir.cted C.rlaon to include paving the shoulder of
50th Street to the high school in the bid letting for the 1996
Street Overlar Project.
Carlson was directed to provide a cost e.timates for a
handrail on 50th Str.et for the 1997 budg.t proc....
The Council di.cussed the c~l.int reg.rding mowing at the
Citr Park. City A~nistrator a.le w.s directed to send a letter
to the mowing contractor reg.rding the probl..- areas.
,.he Council diacuased probl... encountered during Friendly
city D.y. with .lcohol in the streets and occupancr lindts eaceeded
in the bar.. ,.h. Council discuased li~ting bar hour., leaving
Main Avenue open to tr.ffic, and fencing beer garden areas as
po..ible .olutions to .~ of tb. probl....
The Council concurred to conducting . Clean-Up Day in the fall
and directed .taff to contact st. Micha.l .nd Frankfort to see if
there is interest in particip.ting.
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ALBaIfYILLB Clft COURCIL
Jul~ 1, 1996
'age 5 of 6
Potter made a motion to table discussion on the Consolidation
Conni ttee budget requests at this ti... Muyres seconded the
motion. All voted aye.
Potter made a motion directing staff to resume conducting
staff meetings with the city planner, engineer, developer and
others prior to scheduling a ..eting with the Planning and Zoning
Commission and/or Council. Staff ..etings will be conducted on the
fourth Wedne.day of the month at 9:00 AM. Berning seconded the
motion. All voted aye.
Muyres ..de a motion to approve the purcha.e of 240 yard of ag
1 ime for the City Park ball field frca Dennis Pehn Gravel and
Excavating at a cost of $15.50 per yard ($3,720.00) and bobcat and
loader costs of $950.00, for a total of $4,670.00. Vetsch seconded
the motion. All voted aye.
CouncilmemberMuyre. reported that the Pinance Committee has
agreed with a propo.al to ladder approximately $770,000 in
investments to meet future debt .ervice needs. 'l'he funds wi 11 earn
between 5-7' interest.
City A~nistrator Hale reported he has reviewed the
performance of PSG after six 1IIOntha and ha. found SORMt inadequacies
that he bas directed to be corrected. PSG personnel have been
reassigned and Hale will continue to~obaerve their perfo~ce.
Councilmember Ander.on arrived at 9:50 PM and reported that
installation of the playground equipsaent at Westwind Park wi 11
begin on July 13 and should be completed the next week.
At 9: 52 PM, the Counci 1 convened in a closed session to
discuss the potential annexation agreement with Special Counsel
Schmitz via telephone conference.
Mayor Potter reconvened the public meeting at 10:30 PM.
Muyres made a motion to approve the annexation settlement
agreement with the following ...nd.ents:
(1) Section 9, Paragraph d on Page 10 will be deleted.
(2) Proper exhibits will be added to the final agreement.
(3) Legal de.criptiona will be corrected. .
Anderson seconded the -.otion. Muyres, Anderson, Potter and Berning
voted aye. Vetsch voted no. ~he motion carried.
Council..-ber Vetsch stated he objected to the settlement
offer because he bel ieyes the eastern border should be been
expanded.
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ALBBRYVILLB CI~ OOURCIL
July 1, 1996
Page 6 of 6
Anderson made a motion to adjourn at 10:35 PM.
seconded the motion. All voted aye.
Muyres