1997-02-03 CC Minutes
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~ILLB cln COUEIL
r....aar:r 3., 1997
Albertville city ..11
7:00 PH
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PRUBII'f: Mayor Nark Olsen, Councilmembers Patricia
stalberger, Duaneaerning and John Vetscb, City Administrator
Garrison Bale, City Clerk Linda Boughton, City Engineer Peter
Carlson and City Atto~ey Mike Couri
Mayor Olsen called tbe regul ar meetin.g of the Al bertvi 11 e Ci ty
Council to order.
The. agenda was ...nded by adding Item6r (SchedUle Board of
Review Bearing on April 10, 1997, at 7:00 PM) and Item 8i(Reoeive
letter from Ken Linda.y d.tedrebru.ry 3, 1997, requesting a
Veteran's Pref.renoe Be.ring r89~diD9 hi. r....iCjJnment from lJubl ic
Norks Coordin.tor to M.intenance Worker II). Item 61 was deleted
from the .genda. I.rning _d. . IBOtion to approve the .genda as
amended. Stalberger seconded th..DlOtion. All voted aye..
Berning mad. a IBOtionto approve the minutes of the 'Janu.ry 6,
1997, regular City Couacil ...ting and the January 22, 1997,
Special City Council. St.lberger seconded the motion. All voted
aye.
Berning _de . IftOtion to authori.e payaent of bills as
presented (Check "s 10720 - 10741)." Stalb.rger seoonded the
motion. All voted aye. /
Ho one in the audience requ.stedto .ddre.s the Counai I under
Community Porum.
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Mayor Olsen opened the public hearing to consider the vacation
of that portion of Wright County Highway 110.37 shown as the shaded
portion of Wrioht County Right of Way Plat 110.30, on file with the
Nrioht County Recorder's Office. The shaded portion consists. of
that portion of CSAft 37 .vhich viII be bypassed by the pending
realignment of CIAR 37.
City Attorney Couri explained that the vacation will be
effective upon the oocurrenc. of both (1) the turn back of that
portion of CSAft 37 fraa Wright County to the City, and (2) the
completion of tbe Piending r..lignaaent of CIAR 37 to the.buthi and
intersecting CIAR 19 at 61st street. The City of Albertville
reserves a perpetual ...~t for underground utility purposes over
the entire portion vac.ted. Ifhe City also reserves a perpetual
utilityeaa..-nt inf.vor of .11 priv.te utility companies which
currently bave utilities located on or under the vacated portion.
Mayor Olsen asked for public comment.
George Yanltoupe of John-George, Jnc, introduced him&el f to the
. ALBDft'IL.LB Cln COUIfCIL
l'ebruar7 3, 1997
Page 2 of 8
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Council and asked for their approval of the John-George, Inc.
petition for vacation.
There was no other c~t fram the public.
Berning ..de a motion to clo.e the public hear.ing. Vetsch
seconded the.otion. All vot.d aye.
B.rning made. lDOtion to accept the petition from John-George,
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Inc. ,for the vacatlon of a portion of CBIB 31. St.lberger seconded
the motion. All voted are.
Berning made a ~tiOD to adopt ~IOR '1997-8 detailing
the vacation of a portion of CIU 37 to the property owner, John-
George, Inc. Stalberver .ecODded the motion. All vot.d aye.
Mayor Ol.en op_ed the public h.aring to consider the
HortheaatSanitarr Sewer aDd Water Main Ixtenaion.
Citybgineer 'eter Carl.on pres_ted an overview of the
proposed project. The water ..in portion of. the project extends a
12" main acro.s 1-94. with a 10" main .xtending through the
peninaul a between Mud and 8cbool Lakes and a 12" main extending
west to CSAB 19. 'this creates a looped water slstem. The
estimated co.t of the water main portion of the project is
$665,600. If the project proceeds a. a City project, the lateral
benefits of the mains would be a..essed to the abutting lots. If
the project proceeds .. a private project, theoversizing costs of
the project would be reilabur.ed to the developer from the water
main '1'AC (Truck Acce.. Charge) fees. Approximatel, 290 acres woul d
benefit from the trunk line and the charge per acre would be
$1,250.
The ....r ..in portion of the projeot extends a gravity main
along the9ravel portion of tbe road north of 1-94 to a force main
and lift station. '1'he e.timated cost of the project is $440,000,
which.wouldb_efitapproximately 228 acres. The sanitary sewer
'l'AC fee per acre. would be 81,300.
Engineer Carlson concluded that the coats\ of the project are
feasible. The project could be staged to coincide with plans for
development.
Mayor Olsen called for public coaaent. City Clerk Linaa
Houghton pre.ented a .ritten objection to the proposed project and
assessment, dated Pebruary 3, 1997, from Arnold Brgen and N. Cox of
Metropolitan Underground.
Rod DtAlgle, one of the petitioners for the project, told the
Council thatsorne property owners are concerned over how theY will
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ALBERTVILLE CI~COUICIL
l'ehruarJ' 3,. 1997
Page 3 of 8
have to pay fOr their assessed portion. However, D'Aigle
reiterated, their position is tbat theJ' would want the project to
proceed.
Harold Swanson, tlbo.,bolds an option of the Balfany Development
land, also stated his desire to see tbe project proceed very soon.
Bernard and Marlene Vetscb explained that a~ though they do not
object to the project, they have no plans to se1'l or develop their
property at this time. 'lhey indicated that the 8a1 e andlor
development of their property may occur 111\5-10 yeara.
There were no other public comments.
Berning made a _tion to close thepubilic hearing.
seconded the 'motion. All voted aye. .
Berning_de a motion to authorfze the engineer to meet with
the landowners to determine the development plans and. needs for
their properties and to mate a rec~ndatifon to the Council at the
March meeting . 'i (~
stalberger
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Berning made a motion to approve the rinancial Statement for
January aa corrected by the treasurer. Stalberger seconded the
IIlOtion. All voted."e.
Berning made a motion to approve the Pol low-up Sheet from the
Januar" 6, 1997, ..eting as pre.ented. Stalberger seconded the
motion. All voted aye.
Berning made a I8Otioll to approve the January Department Report
as pre.ented. Stalberger seconded the motion. All voted aye.
Berning made a .motion to adopt RB8OLD'r!OB 11997-6 (APPOIII'l'IIEII'1'
OF lIAIII'fIDfUCE .~8 I) as ...nded by removing the name of Ken
Lindsay, Jr. Stalberger .econded the motion. All voted aye.
Berning _de a Mtion to approve the December 1996 MWTF l
Operations Report aa pruented. stalberger seconded the motion.
All votedaye.
Berning made a mbtion to approve a reduction in Kenco' s
Parkside 3rd.Addttion letter of credit from $511,124 to $177,600
and a reductioll<in the bond from $489,637 to $88,800. Stalberger
seconded the motion. All. voted aye. .
Berning made a motion to accept the resignation of LeRoy
Berning from the PlanniDgC~s.ion.ffective Pebruary3, 1997.
Stalberger .econded the motion. All voted aye.
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ALBERYVILLB CITT OOURCIL
Pebruar7 3,1997
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~ ALBERTVILLE CITY COUNCIL
February 3, 1997
Page S of 8
The Council considered reVISIons to Ordinance #1995-3 which
regulates how purchases are made for the City. Section 3 will be
amended to state that in emergency cases when expenditure exceed
$1,000 but not more than $5,000 requires written authorization by
the Finance Committee and will be ratified/confirmed at the'next
regular Council meeting. Section 10 will be added repealing and
replacing the original ordinance.
Berning made/a motion to adopt ORDINANCE '1997-1 titled AN
ORDINANCE TO ESTABLISH A PURCHASIRGPOLICY REGULATING THE MANNER Il{
WHICH PURCHASES ON BEHALF OF THE CITY OF ALBERTVILLE MAl BE MADE.
Stalberger seconded the motion. All voted aye.
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The Counci I discussed a snowmobile . ordinance. Ci ty
Administrator Hale reported that the Wright County Sheriff's
Department has had only one complaint regarding snowmobiles from
ci ty residents since the new year. Counci lmember Vetsch would like
to table further discussion on an ordinance. It is his opinion
that the "red tape", legal, publication and enforcement costs of
having an ordinance outweigh the benefits of the ordinance.
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After further discussion, Councilmember Stalberger vol unteered
to serve on a Snowmobile Ordinance Committee along with City Clerk
Houghton and volunteer citizen representative LeRoy Berning.
City Engineer Peter Carlson discussed the request from
Commissioner Judie Rose regarding ci ty ,participation in the costs
of a Feasibility Study for sludge removal. Carlson recommended the
City should be interested in participating provided that the costs
are pro-rated for participant rather than equa'lly divided.
Berning made a motion to a send a letter to Commissioner Rose
stating that the City is interested in participating int he costs
of the Feasibility Study only if the costs are allocated on a pro
rata/percentage of use basis. Stalberge~s~conded the motion. All
voted aye.
Due to the inability of Commissioner Rose to attend this
meeting, Vetsch mad.e a motion to carry the CMIF Investors Plaque
award forward to the March meeting. Berning seconded the motion.
All voted aye.
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The Council reviewed the recommendation of the Planning
Commission to grant preliminary plat approval for the Summerfield
Addi ti:on as presented in the Findings of Fact and Decision dated
January 15, 1997 ,as well as the recommendat~ons of the city
planner and city engineer. As recommended a temporary turn-around
at the end of GIst Street will be shown on .the final plat. City
AttorneyCouri recommend .that Item 9 stati.ng that the approval is
contingent upon the developer entering into a Developer's Agreement
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ALBERTVILLE CITY COUNCJL
February 3, 1997
Page 6 of 8
with the city.
Berning made a motion granting preliminary plat approval for
Summerfield Addition, contingent upon the developer agreement with.
all detail included in the Findings of Fact and Decision. Vetsch
seconded the motion. All voted aye.
The council discussed the recommendation from the Planning
Commission that a stop sign be placed at the intersection of 61st
Street and Kahler Dri.ve. The Council determined that the request
is premature, since 61st Street in the Summerfield Addition is not
constructed. Berning made a motion to table indefini tely the
.request for a stop sign at 61st Street and Kahler Drive.
Stalbetger seconded the motion. All .voted aye.
Councilmember Berning removed himself from the Council
chambers due to a confI ict of interest in the Vetsch Custom Cabinet
discussions.
City Engineer Peter Carlson explained that soil borings have
been completed on the City-owned industrial site on Barthel
Industrial Drive. The borings indicate that below the fill on the
site there is a layer of wet, soft silt that is still consolidating
due to the fill above it. This means that the entire fill area is
still settling. Carlson outlined several options the Vetsch's
could consider if they wish to pursue building on the site:
(1) Place 6'-10' additional fill over the top of the existing
fill.
(2) Install wick drains.
(3) Construct a deeper foundation.
(4) Recognize there will be a settling problem and deal with it as
it,occurs.
City Attorney Couri discussed the creationofa TIF District
for Vetsch Custom Cabinets. Should the City agree to a. TIF
District, Approximately one-third of the total TIF amount will be
deducted from the city's Local Government Aid (LGA) payment. Those
funds would come either directly out of the General Fund or from an
additional city-wide levy. The law does. allow the city to
contribute "in kind" to\a TIF District ten percent (10%) of the
increment, which could be through the lowering the sale price of
the land, etc.
Councilmember Vetsch stated from the record that Dave and
Jeanne Vetsch, owners of Vetsch Custom Cabinets, are his brother
and sister-in-law. He further stated he has no di~ect financial
interest in. Vetsch Custom Cabinets. The ci ty attorney restated
that a conflict of interest only occurs when there is a financial
interest for the Councilmember. Councilmember Berning is an
employee of Vets.ch Custom Cabinets and, tp.erefore, may have a
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ALBERTVILLE CITY COUNCIL
February 3, 1997
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financial interest. For that reason, he has removed himself from
the room.
Dave and Jeanne Vetsch have not made a decision on whether.to
proceed at this time.
In the event the Vetsch's decide to proceed,. Stalberger made
a motion to grant conditional approval to work on a TIF plan by
authorizing Kennedy & Graven to prepare TIF documents. Vetsch
seconded the motion. All voted aye.
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City Attorney Couri explained that in the earlier condemnation
resolution adopted by the Council the L & D Trucking parcel and the
Peterson 'parcel were not included because negotiations were in
process with both landowners. At this time, a settlement has not
been negotiated. . Since Wright County must have the right of ways
secured prior by May 15, 1997" (scheduled start of construction),
Couri recommends that the Council approve Resolution #1997-11
authorizing the acquisition of the necessary right of ways by 90
day quick take condemnation. City Engine,er Carlson also
recommended the 90 (day ~uick take.
Lee and Jim Peterson discussed their concerns with the Council
and asked that the Council not condemn their land, but rather, to
continue to negotiate. City Attorney Couri explained that
negotiations with the property owners would continue even during
the period before the property is condemned.
Vetsch made a motion to approve R~OLUTION '1997-11 titled
RESOLUTION AUTHORIZING PROCUREMENT OF LAlfD AND TEMPORARY
CONSTRUCTION EASEMENTS FOR IMPROVEHERTS TO COUNTY BIGBWAYS19 AND
37 BY EMINENT DOMAIN. Berning seconded the motion. All voted aye.
Olsen made a motion to table discuss'ion on the St1;ategic Plan
until March. Berning seconded the motion. All voted aye.
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City Engineer Carlson recommended the Council deny the request
for approval of the utilities and first lift of 'blacktop in the
parkside 3rd Additio~ at this time. carlson has not done a final
walk-through and inspection at this time.
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Berning made amotion to deny Kenco's request .for ut.ilities
and street acceptance at this time because a final inspection and
report have not been yompleted by the engineer. Vetsch seconded
the motion. ~11 voted aYe.
A letter from Ken Lindsay, dated February 3,1997, requesting
a Veteran's Preference Hearing on the change of job ti tIes was
reviewed. City Attorney Couri advised the Council that they must
appoint one person to a three member panel to consider the
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ALBERTVILLE CITY COUNCIL
February 3, 1997
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situation. Mr. Lindsay must also appoint one member to the panel.
The Council and Mr. Lindsay must agree on the third member of the
panel. Each party will present their case to the panel. The panel
wi 11 make a decision. The panel's decis:j.on can be appeal ed and the
proceedings then advance to the next level.
stalberger made a motion to receive. the letter requesting a
Veterans Preference Hearing and to schedu1 e the appointment of the
Council's panel member on the March Counci I meeting. Berning
seconded the motion. All voted aye.
Joint Powers Representative MLke Potter explained that '
discussions are again centering on the ownership of the water
lines. He asked that the Council authorize City Engineer Carlson
. to contact st. Michael City Engineer Jeff Roos to discuss the
situation.
Berning made a .motion to authorize Engineer Carlson to contact
the city engineer for st. Michael to discuss the water line
ownership question as requested. Stalberg~r seconded the motion.
All voted aye.
Stalbergermade a motion to adjourn at 11: 50 PM.
seconded the motion. All voted aye.
Olsen
Mark Olsen, Mayor
Linda Houghton, Clerk