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1996-08-05 CC Minutes . ALBER!'VILLE CIn COURCIL August 5, 1996 Albertville City Hall 7:00 PM PRESENT: Mayor Michael Potter, Councilmembers Curt Muyres, Duane Berning, John Vetsch, and Sharon Anderson, City Administrator Garrison Hal e, Ci ty Cl erk Linda Houghton, Ci ty 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 by adding the following: 7c-1 Request from Kenco, Inc. to stockpile fill on Roden property 7c-2 Title Problem on Water Tower Lot 7c-3 Excess monies in TIF Bond Fund from TIF's 2, 3, & 4 Berning made a motion to approve the agenda as amended. Anderson seconded the motion. All voted aye. Berning made a motion to approve the minutes of the July 1, 1996, regular meeting, the minutes of the July 16, 1996, special meeting and the minutes of the July 24, 1996, special meeting as amended. Muyres seconded the motion. All voted aye. . Muyres made a motion to approve payment of Check-i's 10318 - 10359 as presented. Anderson seconded the motion. All voted aye. Mayor Potter asked if anyone wished! to address the Counci 1 under Citizen Forum. Several local youths requested the Council to consider locating a place where skateboarding would be permissible. Councilmember Berning suggested that the Council could consider allowing skateboarders to use the basketball areas at City Park and Four Seasons Park. Discussion occurred as to what liability the Ci ty may encounter by allowing this use. The consensus of the Council was to refer the question of liability to the city attorney prior to further discussion at the August 19, 1996, meeting. Muyres made a motion to approve the Financial Statement for June. , Anderson seconded the motion. All voted aye. Muyres made a motion to approve the City Department Report as presented. Anderson seconded the motion. All voted aye. Muyres made a motion to approve the Wastewater Treatment Faci Ii ty Operation Report for the month of June as presented. Anderson seconded the motion. All voted aye. . Muyres made a motion to approve the 1997 Assessment Contract with Wright County at a per parcel rate of $6.50 and to authorize . . . ALBERTVILLE CITY COUNCIL August 5, 1996 Page 2 of 7 the administrator to execute the contract. Anderson seconded the motion. All voted aye. Muyres made a motion to approve Ci ty membership in the Economic Development Partnership of Wright County at a cost of $500. Anderson seconded the motion. All voted aye. Muyres made a motion to adopt RESOLUTION '1996-49 ti tIed APPOINTMENT OF ELECTION JUDGES FOR THE PRIMARY AND GENERAL ELECTIONS. Anderson seconded the motion. All voted aye. City Engineer Pete Carlson reviewed the proposed North Frontage Road Sanitary Sewer Project with the Council. A public hearing was conducted on July 24 on the project. Berning made a motion to order the North Frontage Road Sani tary Sewer Pro jec:t and to adopt RESOLUTION '1996-50 ti tIed RESOLUTION ORDERING PREPARATION OF PLANS AND SPECIFICATIONS FOR THE NORTH FRONTAGE ROAD SANITARY SEWER PROJECT. Vetsch seconded the motion. Berning, Vetsch, Anderson and Muyres voted aye. Potter abstained. The motion carried. Berning made a motion to adopt RESOLUTION '1996-52 ti tIed RESOLUTION APPROVING PLANS AND SPECIFICATIONS FOR THE NORTH FRONTAGE ROAD SANITARY SEWER PROJECT AND AUTHORIZING ADVERTISEMENT FOR BIDS. Muyres seconded the motion. Berning, Muyres, Anderson and Vetsch voted aye. Potter abstained. The motion carried. Charles Van Heel, representing the STMA Youth Hockey Association, addressed the Council with a request that the City pf Albertville consider owning and operating an ice arena to be constructed on the Don Barthel property. In order to qualify for the Mighty Ducks $250,000 grant, the arena must be a partnership wi th a publ ic enti ty , such as a city, a county or a school district. The total construction cost of the arena is anticipated to be $1,000,000. Of that amount, Van Heel explained that $400,000, not including the $250,000 grant, has been raised for the ice arena. Highland Bank has shown interest in providing financing for the balance of the project (approximately $400,000). The STMA Hockey Association is also asking that the City consider issuing bonds for $400,000 for construction of the arena. Councilmember Muyres suggested that the Hockey Association make a similar presentation to the City of st. Michael and the I.S.D. #885 School Board. Potter made a motion endorsing a joint partnership with the City of Albertville, the City of st. Michael, the STMA Hockey . ALBERTVILLE CITY COUNCIL August 5, 1996 Page 3 of 7 Association and 1.5.0.#885, if possible, in an attempt to secure the Mighty Ducks grant. Muyres seconded the motion. All voted aye. Kelsie McGuire and Kelly Browning of PSG reviewed the Eval uation and Planning Survey of the wastewater treatment facil i ty with the Council. The survey must be submitted to the Minnesota PCA after the Counci I has compl eted its review. Potter made a motion to adopt RESOLUTION '1996-52 titled RESOLUTION ADOPTING THE ANNUAL EVALUATION AND PLANNING SURVEY FOR THE MINNESOTA POLLUTION CONTROL AGENCY. Vetsch seconded the motion. All voted aye. Ci ty Attorney Cburi reviewed the draft of the Developer's Agreement for the Parkside 3rd Addition. Couri explained that the agreement provides for the City to reimburse the developer (Kenco Construction, Inc.) for trunk sewer access charges that may be collected in the future from properties that benefit from the trunk sewer line installed and paid for by the developer. The City's obligation to reimburse the developer will cease after a period of seven years. . Surety for the project is proposed as a combination of an irrevocable letter of credit and a performance bond. The letter of credit represents 75% of the estimated cost of the improvements and the performance bond represents 150% of the remaining 25% of the cost of the improvements. The exact amount of the surety required is unknown at this time, but Couri is comfo~table with the Council approving the formulas used in the draft agreement with the actual amounts to be calculated based on th~ bid prices. Park dedication will consist of 2.7 acres of park land included on the plat and the balance in a cash payment to the City. The Council agreed to have City Engineer Peter Carlson inspect the proposed park property to ensure that the property is outside of the wetland areas. Don Jensen, representing the developer, expl ained to the Council that Kenco has requested permission from Wright County to improve County Di tch #9 by cleaning and adding detention/water qual i ty ponds at the developer's costs. The developer has not received permission at this time. . Jensen further requested that the City not require payment of the $400 per acre lift station portion of the trunk sewer access fee at the time of final plat, but rather, make it payable on a 60 day notice of billing. Jensen also asked that the Developer's Agreement be changed to extend the reimbursable period from seven years to ten years. . . . ALBERTVILLE CITY COUNCIL August 5, 1996 Page 4 of 7 Couri recommended that the Council deny the request to payment of the Trunk Charges for Parkside 3rd Addition. He explained that the seven year period included in the agreement was negotiable. delay also draft The Council agreed to extend the time line for installation of s~lt fencing no later than 37 days after the curb is installed. Anderson made a motion to approve the Developer's Agreement for Parkside 3rd Addition with the following: (1) The exact amounts of the sureties to be provided will be determined as soon as costs are known. (2) Park dedication fe~s wi 11 be adjusted by del eting the commercial acreage in the formula used for calculating fees. (3) The trunk sewer fee will be recalculated. (4) The plat meets all specifications. (5) The dedicated park land meets the engineer's approval. (6) The reimbursable time period for the trunk sewer charges will be extended to July 31, 2006. Potter seconded the motion. All voted aye. Potter made a motion to grant final plat approval for the Parkside 3rd Addition, contingent upon the developer entering into a Developer's Agreement with the City. Vetsch seconded the motion. All voted aye. Couri reported that Kenco has rescinded the request to stockpile dirt on the Beatrice Roden property and no action by the Council is necessary. Couri reported that a title defect has been identified on the water tower lot. When the City purchased the property from the Marx family thirty or so years ago, the title to the land was never completed. Accordingly, the City of Albertville is shown to have only a one-ninth interest in the property. Several of the other parties listed are now deceased. Couri explained the City can attempt to get a quiet title in court, but if the quiet title is challenged, the issue would go to trial. The closing was scheduled last week and the closing documents signed by the clerk state that the City is responsible for "any or all" costs for securing a clear title. Although Couri does not anticipate a lengthy or costly process to secure a quiet ti tl e, he is uncomfortabl e wi th the clause stating "any or all". He advised the Council to reject the agreement at this time and in good faith attempt a quiet title action. Should the buyers still wish to purchase the property after the title is clear, the City would give them first rights. The would-be purchasers of the lot explained that they have expended approximately $5,300 in anticipation of purchasing the . ALBERTVILLE CITY COONCIL August 5, 1996 Page 5 of 7 water tower lot. Their expenses include soil borings, a lot survey, building plans for the house planned for construction and improvements (siding, carpeting, and finished basement) to their current home to improve chances of selling that home. Muyres made a motion to void the closing contracts and to request the Carlsons submit receipts for expenditures directly related to the lot for consideration by the Council on August 16, 1996. Vetsch seconded the motion. All voted aye. Couri explained that there are excess monies in the debt service fund for the 1984A $270,000 Tax Increment Bonds of approximately $180,000. The bonds financed TIF #'s 2, 3, and 4. The bonds have been paid and the TIF's have been decertified. The City cannot amend TIF districts that are decertified to make use of the excess funds. Couri has been in contact with the state Auditor and the Wright County Auditor regarding these funds. The County and tne school district portion of the excess TIF funds must be returned to the County for normal tax disbursement. The City is entitled to keep the City's normal share of the taxes, approximately $60~000, to use for any purpose. . Anderson made a motion to table discussion of the Sign and Zoning Ordinances due to the absence of the city planner. Vetsch seconded the motion. All voted aye. Muyres made a motion to approve the request from Wright County Community Action for use of the old city hall an additional day per month for WIC services (Third Thursday of the month 8:00 AM to $:30 PM). Anderson seconded the motion. All voted aye. The Council discussed the recommendation from the Planning Commission to deny the rezoning request from R-1 to B-1 for the All Metro Builders building located at 5667 Main Avenue. Chuck Krchema, owner of All Metro Builders, explained that he wants to make the entire building professional offices. He provided a sketch plan of his ideas for the renovations and improvements that he is proposing. The Planning Commission has found that rezoning the property would be "spot rezoning" . and has recommended against rezoning. Krchema suggested that if the Council chooses not to rezone the property B-1, allowing professional buildings as permitted uses, the Council consider amending the R-1 district to allow professional buildings to be a conditional use. . Councilmember Muyres suggested that although it is not ideal to have mixed uses in residentially zoned property~ the Council must deal with the past and allow spot zoning in the old areas of . . , ALBERTVILLE CITY COUNCIL August 5, 1996 Page 6 of 7 the Ci ty. The Ci ty would benefi t from the increased tax base created by the improvements Krchema is proposing. A petition signed by residents within 350 feet of the property was presented to the Counci 1.. The residents are opposed to rezoning the All Metro Builders property. Councilmember Berning feels that spot zoning is a big issue and should be avoided. Based on the recommendation of the Planning Commission and the planning consultant, Anderson made a motion to adopt the Findings of Fact and Decision as 'presented and to deny the rezoning request from All Metro Builders. Berning seconded the motion. Berning, Anderson, and Potter voted aye. Vetsch and Muyres voted no. The motion carried. Don Jensen and Kent Roessler, representing Center Oaks, asked the Council to refer their rezoning request back to the Planning Commission. Jensen presented a letter to the Council requesting the Council appoint two members of the Council and two members of the Planning Commission to meet with the developers fact finding, workshop oriented basis for a period of two months to attempt to develop a master planning schedule and goals mutually beneficial. Berning made a motion directing staff to notify Center Oaks in writing of the necessity of a 60 day extension on their rezoning request and to appoint Counci Imernbers Vetsch and Muyres to the commi t tee to discuss creat~ on of a master pI an of development. Potter seconded the motion. Berning, Vetsch and Potter voted aye. Anderson and Muyres voted no. The motion carried. Anderson made a motion to table action on the request from the Planning Commission to fund a portion of the survey costs for the Comprehensive Park and Trails Plan to the August 19, 1996, meeting. Vetsch seconded the motion. All voted aye. Anderson made a motion to refer consideration of recalling the 1988 Sewer and Water Revenue Bonds to the Finance Commi t tee. Vetsch seconded the motion. All voted aye. Robert Heuring and his attorney, Andy Bond, presented a claim for crop damages and ditch cleaning to the Council. Heuring claims that the construction of the high school and the development of the surrounding property has caused excessive amounts of storm water to be directed onto his property, causing $5,000 in damages and losses to his crop over the past three years. In addition, Heuring claims he had spent $1,315 to improve the drainage ditch located on his property in an attempt to get the excess storm water off his crops and into County Ditch 9. . . . ALBERTVILLE CITY COUNCIL August 5, 1996 Page 7 of 7 City Engineer Pete Carlson explained that the ditch Heuring has cleaned is a private ditch and is not a part of the County ditching system. Further, Wright County has recommended that County Ditch 9 not be cleaned until problems down stream are corrected. City Attorney Couri told the Council the issue of drainage from the high school is an issue between two private property owners and he recommended that Heuring take his concerns to the school board for consideration. Potter made a motion to deny payment of the claims presented by Heuring and his attorney. Anderson seconded the motion. All voted aye. Laurie Karnes, representing Land For Sale, presented an offer on the Barthel Industrial Drive,site from Eull Concrete Products, Inc. in the amount of $22,974. The property was listed for sale at $75,000. Mayor Pot ter indicated that he is more in favor of directing the lot to' the EDA for use as an incentive in attracting a new business than sell the lot for $23,000. The Council also discussed the fact that the City has more money tied into the lot than the what is being offered. Muyres made a motion to reject this offer fromEull Concrete Products in the amount of $22,974, to propose a cou~ter offer after the City has determined its total costs involved in the lot, and to order an abstract for the lot to ensure a clear title. Anderson seconded the motion. All voted aye. Anderson made a motion to approve Meyer-Rohlin's request to utilize the temporary construction easements associated with the CSAH 19/37 Intersection Realignment Project to install the 60th Street Sewer Trunk Line Extension. Vetsch seconded the motion. All voted aye. Because there is a question as to whether notice of the public hearing to amend TIF District #5 was published as required by law, Anderson made a motion to schedule a rehearing on September 16, 1996, at 7:00 PM. Muyres seconded the motion. All voted aye. The meeting was adjourned at 12:~ Michael otter, Mayor