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1996-09-03 CC Minutes . . . M,R~tyILLE CIn COURCIL Septellber 3, 1996 \ Albertville City Ball 7:00 PM PRESEIft': Mayor Michael Potter t7: 07 PM), Counci lmembers Muyres, Duane Berning, John Vetsch, and Sharon Anderson, Administrator Garrison Hale, City Clerk Linda Houghton, Engineer Peter Carlson, and City Attorney Mike Couri Acting Mayor Berning called the regular meeting of the Albertville City Council to order. Curt City City The agenda was amended by adding the following: Item 5m. Set special meeting on September 11, 1996, PM for the purpose of canvassing the resul ts of the Election Item 6j. JMJ Outlot Mall Vetsch made a motion to approve the agenda as amended. seconded the motion. All voted aye. at 4:50 Primary Anderson The minutes of the August 5,1996, minutes were amended to add that the July 24, 1996, minutes be amendecd on Page 2, Paragraph 3, to add "Vetsch seconded the motion. All voted aye." Anderson made a motion to approve the minutes of the July 1, 1996, regular meeting as amended and the minutes of the August 16, 1996, special meeting. Muyres seconded the motion. All voted aye. Mayor Potter arrived at 7:07 PM and assumed control of the meeting. The Council agreed to delay approval of payment of Check '10385 to Century 21 - Christian in the amount of $2,200.00 until the attorney reviews the claim in accordance with the listing agreement. Berning made a motion to approve payment of Check 'IS 10380 - 10384 and Check 'IS 10386 - 10412 as presented. Anderson seconded the motion. All voted aye. Mayor Potter asked if anyone wished to address the Council under Citizen Forum. Keith Franklin, owner of Franklin Outdoor Sign Company, explained to the Council that he assisted the City Council in drafting the portion of the Sign Ordinance pertaining to billboards. He does not feel the billboard section of the ordinance needs to be rewritten because it is clearly understandable. The Council explained that the only portion of the sign ordinance under consideration for amendment is the portion of the ordinance relating to readerboard/message signs for institutional -districts. . ALBERTVILLE CITY COUNCIL September 3, 1996 Page 2 of 7 Rod D'Aigle presented a petition he had drafted to change the name of Mud Lake to Lake Hamburg. A total of 15 Wright County residents must sign the petition. D' Aigle also presented information on adding the City of Albertville to the Internet System at no cost to the City. No one else asked to address the Counci 1 under Communi ty Forum. Berning made a motion to approve the Financial Statement for August. Muyres seconded the motion. All voted aye. Berning made a motion to approve the Follow-Up Sheet with the following additions: Center Oaks project, water tower lot sale, and contracted snow plowing. Muyres seconded the motion. All voted aye. Berning made a motion to approve the Wastewater Treatment Faci I i ty Operation Report for the month of July as presented. Muyres seconded the motion. All voted aye. . Berning made a motion to approve a 3.2 Liquor License for the Albertville Lioness at City Park on September 20, 1996, from 5:00 PM to 9:30 PM. Muyres seconded the motion. All voted aye. Berning made a motion to establish a Special Council meeting for personnel eval uations on September 4, 1996, at 5: 00 PM. Muyres seconded the motion. All voted aye. Berning made a motion to establish a special joint meeting with the Planning Commission on September 24, 1996, at 7:00 PM. Muyres seconded the motion. All voted aye. Berning made a motion to establish a Truth in Taxation meeting for December 3, 1996, at 7:00 PM, and a continuation date, if necessary, on December 10, 1996, at 7: 00 PM in the City Hall. Muyres seconded the motion. All voted aye. Berning made a motion to accept the 1997 budget proposal for WWTF Contract in the amount of $92,937. Muyres seconded the motion. All voted aye. Berning made a motion to approve the agreement for the distribution of taxes for 1995/96 and prior for annexed lands and authorize the administrator to execute the agreement. Muyres seconded the motion. All voted aye. . Berning made a motion accepting the memo from the Wright County Engineer dated August 27, 1996, regarding preliminary survey . ALBERTVILLE CITY COUNCIL September 3, 1996 Page 3 of 7 work for future improvement work on County Road 118. seconded the motion. All voted aye. Muyres Berning made a motion to receive the letter dated August 20, 1996, from Environmental Quality Board reCJarding the EAW for Minneapol is Factory Shoppes. Muyres seconded the motion. All voted aye. Anderson made a motion to received the second installment payment in the amount of $4,938.55 from the Piper Jaffrey lawsuit and directing the clerk-treasurer to credit the closed bond fund with the appropriate total for the debt service funds. Muyres seconded the motion. All voted aye. Due to the absence of the STMA Hockey Association representatives, Mayor Potter delayed discussion on the ice arena until the association members arrive. . Anderson made a motion to approve the Finance Committee's recommendations for 1996 budget amendments in the amount of $70,700. Vetsch seconded the motion. All voted aye. Councilmember Muyres reminded the Council that the budget amendments were necessary because of over-spending in three areas and the Council must hold a tight line on spending the remainder of the year. Muyres also sUCJgested that the consul tants provide recommendations on funding for the 1997 budgli!t. City Administrator Hale will contact the consultants and ask them to attend the September 16 meeting to discuss the Council's concerns. The Council agreed to meet with Bob Thistle of Springsted, Inc. at the September 16th meeting to discuss options for financing the CSAH 19/37 project. Ci ty Engineer Carlson reviewed the bids received for the North~ Frontage Road Sanitary Sewer Extension. All bids were higher that the engineer's estimates. The apparent low bidder is Widmer, Inc. at $74,705.50. The estimated cost of the improvement is now $12,000 higher than the costs estimated in the Feasibility Study, which wi 11 increase the proposed assessment to each benefiting property. Carlson also explained that the pipe may have to be moved from the original plan if the buried gas tanks at Hack's encroach into the right-of-way. . Carlson recommended the Council formally accept the bids, award the contract to Widmer, Inc, in the amount of $74,705.50, and set an assessment hearinCJ prior to the start of construction to determine if there will be assessment appeals. . ALBERTVILLE CITY COUNCIL September 3, 1996 Page 4 of 7 Muyres made a motion to adopt RESOLUTION 11996-53 titled ACCEPTING BIDS AND AWARDING COBTRACT FOR THE 1996 NORTH FRONTAGE ROAD SANITARY SEWER PROJECT, contingent upon there being no appeals of assessment after the assessment hearing. The start of construction will be delayed until after the public pearing. Anderson seconded the motion. All voted aye. Carlson explained the Urban Service Area has been defined. He will layout the necessary trunk lines and lift stations on an Urban Service Area map for full Council review. Carlson presented standard specifications for streets and utilities that he recommends be adopted by the City of Albertville. Muyres made a motion to adopt RESOLU,.IOB 11996-54 tit 1 ed RESOLU,.IOB ADOPTIBa S,.1UfDARDS FOR IRS,.ALLATIOB OF UTILITIES, STREETS AND O1'BER MUBICIPAL IKPROVEMEB1'S. Anderson seconded the motion. All voted aye. Potter made a motion directing the city's engineering firm to provide full time, on-site inspections on all projects in the City. , Berning seconded the mption. All voted aye. . Carlson reported that a pay request for the 1996 Street Overlay Project has not been received at this time. Berning made a motion for the CSAH 19/37 right of with the financial advisor. aye. to table discussion of the appraisals way to the September 16, 1996, meeting Muyres seconded the motion. All voted Mayor Potter removed himself from the Council prior to the discussing the JMJ Properties outlet mall. Attorney Couritold the Council that development costs, which include SAC, WAC, Trunk Access Charges, etc., are estimated at $441,200 plus the unknown costs such as legal, planning and engineering fees, and the building permit fee. Couri recommends that the City show flexibility on the development costs. Couri expl ained that JMJ Properties has requested that a developer's agreement be drafted through which costs could be negotiated. Couri estimates legal fees for drafting the Developer's Agreement at $10,000. JMJ Properties has not given the City a deposit to cover the City's costs, which total approximately $2,300 at this point. . Councilmember Muyres stated his opposition to the City fronting professional fees for a developer. He prefers a situation where the developer deposits funds to cover those fees and the City reimburses the developer from the increased taxes generated over a ....., . ... . . ALBERTVILLE CITY COUBCIL September 3, 1996 Page 5 of 7 period of years. Muyres is willing to structure financing of the other fees involved. Muyres made a motion directing the attorney to contact JMJ Properties and advise him that he must provide $25,000 in an escrow account for professional fees up front in exchange for a reimbursement of $100,000 to be paid over a period of years from the increased taxes generated. The City agrees to negotiate with the developer on structuring additional financing and to waive the City's portion of the building permit fee.' As a back-up proposal, the Council will consider a 50\-50\ split of up front costs. Anderson seconded the motion. All voted aye. Mayor Potter returned to the Council at 8:50 PM. The STMA Hockey A~sociation Arena Commi t tee arrived to discuss a partnership with the cities of st. Michael, Albertville, and I.S.D.I 885. Chuck Van Heel explained a partnership is essential to the application of the Mighty Ducks grant. Van Heel presented a projected cash flow analysis for the proposed arena. Counci lmember Muyres requested the Counci I view copies of cash flows from other arenas. City Attorney Couri asked the Committee exactly what level of commitment they need by the October application deadline. Couri does not believe it is likely that a complete joint powers agreement between the Cities of Albertville and st. Michael can be drafted and executed by October 1. The City Council may consider a resolution supporting participation in a joint powers agreement contingent upon the City's obligation for one-half the debt, up to $200,000, and an executed Joint powers Agreement with the City of st. Michael. . j The Council will further consider the City's participation with the ice arena at the September 16, 1996, meeting. Attorney Couri presented the Settlement Agreement with David and Virginia Carlson. The Carl sons have requested that Paragraph 4 be amended to allow a one year option. Potter stated he is uncomfortable with the option being extended beyond six months due to the ever-changing real estate market. Muyres made a motion to approve the S~ttlement Agreement with the Carlsons amended to include a one year option. Berning seconded the motion. Berning and Muyres voted aye. Vetsch, Potter, and Anderson voted no. The motion failed. Anderson made a motion to approve the Settlement Agreement wi th the Carl sons as presented wi th a six month option period. Vetsch seconded the motion. Anderson, Vetsch and Potter voted aye. " . . . ALBERTVILLE CITY COURCIL September 3, 1996 Page 6 of 7 Muyres and Berning voted no. The motion carried. Berning made a motion to approve the developer's request to use the temporary easements for the CSAH 19/37 project for the installation of the trunk sewer line on 60th street, contingent upon the City t S abi I i ty to secure such easements. Anderson seconded the motion. All voted aye. Couri explained that documentation vacating the alley in 1978 behind the John Rademacher and Donatus Vetsch properties was not recorded at the County. Couri is comfortable issuing a "Notice of Completion" on the vacation. Berning made a motion authorizing the city attorney to issue a Notice of Completion on the vacation of alleys as detailed in the August 21, 1978, minutes. Anderson seconded the motion. Berning, Anderson, Potter and Muyres voted aye. Vetsch abstained. The motion carried. Couri reported staff is continuing work' on the return of excess TIF payments as directed by the Office of the state Auditor and the Wright County Auditor. Pot ter made a motion to adopt the Findings of Fact and Decision to grant preliminary plat approval for the Brittany Kay Estates development, and to issue a grading permit for the site upon execution of a grading contract. Anderson seconded the motion. All voted aye. Anderson made a motion to recess the meeting at 10:50 PM and meet in a closed session to discuss the water tower lot title issue. Berning seconded the motion. All voted aye. I The regular meeting was reconvened at 11:10 PM. Potter made a motion to refer the issue of realtor commission regarding Check '10385 to the City attorney for recommendation. Anderson seconded the motion. All voted aye. J The Council discussed the question of giving the Albertville Royalty a cash award vs. savings bonds. Anderson made a motion to continue to give a savings bond to each of the Albertville Royalty. The motion dies for a lack of second. Vetsch made a motion to give each of The Albertville Royalty a cash award of $50. Before the motion was seconded, Vetsch asked to rescind the motion. . . . ALBERTVILLE CITY COUNCIL September 3, 1996 Page 7 of 7 Potter made a motion to give the Albertville Royalty a $50 cash award and to give the Albertville Junior Royalty a $100 savings bond. Vetsch seconded the motion. All voted aye. Anderson made a motion to table discussion of the Joint Powers Ordinance to the October 7th meeting. Berning seconded the motion. Vetsch, Anderson, Berning voted aye. Potter and Mpyres voted no. The motion carried. Potter made a motion directing staff to send a letter to Joint Powers stating the position of the City of Albertville as requested: (1) As of September 1, 1996, the Joint Powers Board consists of three equal member cities. (2) There are no assets to be distributed. (3) The Joint Powers Board consists of two member from each of the member cities. (4) Other communities outside the original agreement has any obligation from the Joint Powers Board. Muyres seconded the motion. All voted ay~. . The meeting was adjourned at 11:30 PM. IJJzJJIMr Michael Potter, Mayor