2006-03-14 CC Minutes Special
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ALBERTVILLE CITY COUNCIL
Special City Council Meeting
March 14, 2006
Albertville City Hall
6:00 PM
PRESENT: Acting Mayor LeRoy Berning, Council members Ron Klecker and Torn Fay, City
Attorney Mike Couri, Assistant City Engineer Adam Nafstad, City Administrator Larry Kruse
Absent: Mayor Don Peterson and Council member John Vetsch
Others Present: Lanol Leichty and STMA Superintendent Marcia Ziegler
Acting Mayor Berning called the Albertville City Council meeting to order at 6:00 p.m. followed
by the Pledge of Allegiance.
Acting Mayor Berning opened the special meeting which was called by Mayor Peterson and
duely posted on Friday, March 10,2006. The purpose of the meeting is to review a staff memo
regarding the transfer ofthe A TL Option Agreement on 40 acres ofland to the STMA School
District and give the School and staff direction on the matter.
Superintendent Ziegler reported the School Board is interested in acquiring the A TL Option
which they would exercise very soon as they have money available. They would plan on starting
site grading for the elementary school in May, and need to know if the City and School can corne
to a consensus on jointly using the land. Superintendent Ziegler stated they agree with the
revised memorandum however expressed some concern about the school paying trunk fees on
the entire 160 acres. Other issues such as who will plow the streets appear to be minor issues
which can be worked out. Ziegler stated the School was not in a position to subsidize Albertville
water problem. Ziegler views this project as a win-win for both the City and School.
City attorney Couri summarized that the goal would be for the council to approve the conceptual
agreement and authorize him to work with the School's legal council to draft a formal agreement
with much more detail than what is outlined in the memo. Couri stated both sides need to have
some flexibility to make this work as the school's schedule is moving so fast, that it is impossible
to anticipate all of the legal details. Couri stated the main point of this agreement is to provide
the school with approximately 25 acres of land for the elementary school and that the school
would be responsible to construct all infrastructure (water lines, sewer lines, streets) they need
for the school and as required by St. Michael. The goal for the City of Albertville would be
obtain an option on about 15 acres for stormwater ponding. It would be Albertville's
responsibility to pay for any additional incremental costs related solely to Albertville's
stormwater ponding needs. For example, Albertville will pay to lengthen or raise a street grade
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City of Albertville
City Council Special Minutes
March 14,2006
Pagel of 4
beyond what the School originally planned. Also, the School would pay to excavate their needed
borrow from the area designated for Albertville's stormwater pond. If the Schools cost increase
to transport the borrow the further distance because of the City's stormwater project, then the
City would pay the incremental difference. Thus the School is not subsidizing the City and vice-
versa.
Superintendent Ziegler stated she would leave the council so they could discuss it further. In
closing, Ziegler stated she agreed with the memo and asked for Albertville's consideration of
lowering trunk fees. Ziegler exited at 7:00 p.m.
City Attorney Couri reviewed the following memo with the Council.
Couri, MacArthur &
Ruppe, P.L.L.P.
Memo
Larry Kruse, Dr. Marcia Ziegler, Dave Lenhardt, Robert Rego, Adam
Nafsted
From: Mike Couri
To:
cc:
Date: April 3, 2006
Re: Purchase of 40 Acre Tract for School/Ponding Pmposes.
Below is a summary ofthe points we discussed at our meeting on Wednesday at the School
District's office regarding the purchase of the 40 acre tract immediately west of the City's
border. Assuming that the City Councils and School District are comfortable with the concepts
laid out here, these would be incorporated in a written agreement for approval by all three
entities. The concepts are as follows:
1. The City will assign its option on the 40-acre tract of land to the School District for the
$5,000 in option money the City paid for the option (the $5,000 will be applied to the
purchase price).
2. The School District will exercise the option prior to its expiration and will purchase the
property with its funds.
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City of Albertville
City Council Special Minutes
March 14, 2006
Page 3 of 4
3. The City will provide water and sanitary sewer service to the property, but the School
District will be responsible for constructing all utility lines on the property and providing
any lift stations that may be necessary to serve this property. Albertville will provide
sewer and water service to serve a maximum of students. St. Michael will
need to agree that Albertville is responsible for provision of all municipal utilities to the
property, and will need to exempt this property from St. Michael's SAC, WAC and trunk
fees.
4. The School District will give the City a five-year option to obtain a storm water easement
over 15 to 20 acres of property, with the approximate location and dimension of the
easement area to be shown on a map and incorporated into the written agreement. The
easement will state that Albertville will be solely responsible for maintaining the ponds if
they are constructed (except for the School District's separate pond which shall be
maintained by the School District).
5. The cost of the storm water easement option will be $40,000 per acre of easement area
(excluding easement over wetland areas) and will be offset against Albertville's sanitary
sewer and water trunk line fees ($3,000 per acre combined) to the extent that the fees
cover the cost of the land. Any excess or shortfall from this offset will be paid to the
party to whom it is due. The School District will still be required to pay the SAC and
WAC charge applicable to the property.
6. The School District will allow the City to dike the wetlands, if feasible and permitted
under the Wetlands Conservation Act, to pond additional water in the wetlands.
7. Engineers for the City and School District will work together and share topographic, soil
boring and other data in an effort to place the ponds in the most beneficial location for
both parties. The City will reimburse the School District for any extra soil borings
requested by the City.
8. If the School District needs borrow to develop the site, it will take the borrow from the
pond easement areas and the City will pay any cost over and above what it would have
cost the school to take the borrow from a more suitable site on the property.
9. If the City approves the storm water ponding project, the School District and City will try
to coordinate the construction of the ponds with the construction of the high school
expected to be built in the next few years. Both parties would like to see the high school
grading work and pond excavation work done under one bid, with the City paying any
extra cost incurred due to construction of the pond. If a joint pond is built which would
also handle the School District's runoff, the School District would be responsible for its
proportionate share of the pond, including land and construction cost.
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City of Albertville
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March 14, 2006
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10. If the City constructs the ponds on a timetable that does not coincide with the
construction grading of the high school, the School District will allow the City to spread
the soil excavated from the ponds on the remainder of the School District's property,
provided such soil spreading can be incorporated into an acceptable grading plan for the
School District.
11. If construction of the ponds requires wetland mitigation, the School District will allow
the City to mitigate on the School District's property, provided the City pays the School
District $40,000 per acre for any non-wetland areas that are converted to wetlands.
12. The School District will coordinate with Albertville in the design of its road system and
the connection of these roads to Albertville's roads.
End of Memo
In general the Council supported the information that was presented. It appears to help all parties
involved.
It was the consensus of the City Council that Albertville could exclude the City's ponds from the
trunk fee calculation. Further, the Council felt they could exclude delineated wetlands from the
calculation too. It is estimated that this would equal a total reduction of about 30 acres. Beyond
that, the City needed to think about if it could do any more reductions.
MOTION BY Council member Berning to approve staff developing a formal agreement with
the STMA School District to transfer the City's Option on ATL's land to the STMA School in an
effort to accomplish the Schools goal to construct an elementary school and the City's goal to
have stormwater ponding otptions. Motion carried unanimously.
ADJOURNMENT
MOTION BY Council member Fay, seconded by Council member Klecker to adjourn at
7:35 p.m. Motion carried unanimously.
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