1994-04-18 CC Agenda/Packet•
•
C
n ALBERTVILLE CITY COUNCIL
AGENDA
April 18, 1994
I. CALL MEETING TO ORDER
II. APPROVAL OF THE AGENDA
III. APPROVAL OF CONSENT AGENDA ITEMS
* Attached List
IV. FOLLOW-UP SHEET
* April 4, 1994
V. APPROVAL OF THE MINUTES
* April 4, 1994 - Regular Meeting
* April 11, 1994 - Public Hearing
VI. COMMUNITY FORUM - 10 Minute Limit
VII. DEPARTMENT BUSINESS
A. PLANNING & ZONING
* Approve recommendation to increase Zoning Fees
as detailed in the minutes of the 4/12/94 minutes
B. ADMINISTRATION
* Financial Statement (Mar. 31 - Apr. 13)
* Approve bills (Check #'s 8374-8406)
* Approve RESOLUTION #1994-7
- Appoint AEDA Commission Members
- Joint Powers Amendment to Operating/Authorization
Agreement
- SAC & Sewer Rate Discussion
- Administrator's Report
VIII. ADJOURN
UPCOMING MEETINGS/IMPORTANT DATES
April
19,
1994
Board of Review Meeting
7:00
PM
April
21,
1994
Park Board
7:00
PM
April
26,
1994
Planning Commission
7:00
PM
April
27,
1994
Long -Range Goal Planning Meeting
7:00
PM
May 2,
1994
Regular City Council Meeting
7:30
PM
ALBERTVILLE CITY COUNCIL
April 18, 1994
Albertville City Hall 7:30 PM
PRESENT: Mayor Mike Potter, Councilmembers Duane Berning,
Sharon Anderson, Albert Barthel and John Vetsch, City Clerk Linda
Houghton, City Administrator Dale Powers
AUDIENCE PRESENT: Judy Roden, Char Zachman, Donatus Vetsch,
Dennis Fehn, Doug Psyk, Clem Marx
Mayor Potter called the regular meeting of the Albertville
City Council to order.
Berning made a motion to approve the agenda as presented.
Anderson seconded the motion. All voted aye.
Barthel made a motion to approve the Follow -Up Sheet from the
April 4, 1.994, meeting as presented. Anderson seconded the motion.
All voted aye.
Barthel made a motion to approve the minutes of the April 4,
1994, regular meeting as presented. Anderson seconded the motion.
All voted aye.
Barthel made a motion to approve the minutes of the April 11,
1994, public hearing as presented. Anderson seconded the motion.
All voted aye.
Judy Roden questioned the progress on enforcing the septic
system ordinance on the Ackerman property. Mayor Potter reported
that the case in the judicial process.
Donatus Vetsch asked to address the Council after Dennis Fehn
arrived at the meeting.
Barthel made a motion to approve the increase in Zoning Fees
as recommended by the Planning Commission in the minutes of the
April 12, 1994, meeting. Anderson seconded the motion. All voted
aye.
Barthel made a motion to approve the Financial Statement for
the period March 31 - April as amended. Anderson seconded the
motion. All voted aye.
Barthel made a motion to approve payment of Check #`s 8374
8406 as presented. Anderson seconded the motion. All voted aye.
Barthel made a motion to adopt- RESOLUTTON #1994-7 entitled A
RESOLUTION ESTABLISHING AN ECONOMIC DEVELOPMENT AUTHORITY FOR THE
CITY OF ALBERTVILLE, MINNESOTA. Anderson seconded the motion. All
voted aye.
Mayor Potter stated that he recommends appointing at the most
ALBERTVILLE CITY COUNCIL
April 18, 1994
Page 2 of 3
/'\
only two Council members to the AEDA. He has contacted Rod Fraser.,
who earlier had expressed interest on assisting the City in
economic development issues. Mr. Fraser has agreed to be a member
of the Authority. Potter has also attempted to contact Curt Muyres
and Roger Scherer about serving on the AEDA. He has been unable
to speak to either of those people yet. The Council agreed to
table the appointment of the AEDA members until notice has been
placed in the official. newspaper recruiting interested persons.
Potter reported that he will be attending a workshop sponsored
by United Power Association on May 18th regarding their programs
to assist economic development.
The Council reviewed the proposed amendment to the Joint
Powers Board's Operating and Authorization Agreement pertaining to
the Board being responsible for the replacement of existing
watermains. Potter stated he prefers that Joint Powers pay only
the cost of the pipe itself, with the municipality paying for the
excavation and installation of new watermains. The Council decided
to table action on the amendment and will suggest to the Joint
Powers an amendment that the City of Albertville will support.
Donatus Vetsch, President of the Albertville Lions, and Dennis
Fohn discussed the Lions project to upgrade the leased railroad
property by City Park. They questioned what to do with the amount
of dirt that will be removed. The park area at. Parkside is too wet
to get into. The other option is to haul the dirt to the
wastewater treatment facility. Because the Lions wish to get the
work done prior to the Friendly Cities Days celebration in June,
The Council agreed to allow the excess dirt to be hauled to the
wastewater plant. Should damage occur to the field leased to
Zimmer Brothers, the City will make reimbursement to Zimmers.
Donatus Vetsch requested permission to use the city engineer
to design a 30'X60' park shelter that the Lions will construct on
the leased railroad property. The Lions will pay all expenses.
The Council agreed.
The Council reviewed the Cash Flow Analyses for the wastewater
treatment facility as prepared by Linda. The analyses uses
different scenarios for rates. The Council intends to review an
analysis annually to ascertain how the projections are actually
working. Based on the information available, Berning made a motion
to adopt RESOLUTION #1.994-8 setting the SAC fees for the remainder
of 1994 at $1500 per single family residence and increasing the SAC
fee 10% annually on January 1 of each year through 2014. Sewer
rates will remain the same for the remainder of 1994 and will be
increased three (3%) per cent annually on January 1 of each year
through 2014. Anderson seconded the motion. All voted aye.
ALBERTVILLE CITY COUNCIL
April 18, 1994
Page 3 of 3
Dale presented the Administrator's Report to the Council. The
Council agreed to have the city clerk become a notary public at a
cost of $40. The Council also directed that the evergreen close
to the street in the parking lot be removed because it interferes
with visibility and creates a safety concern for cars exiting the
parking lot onto Main Avenue. Dale offered to install his personal
answering machine on the City telephone to gauge the effectiveness
of its use.
Mayor Potter recommended that the City conduct an open house
in the new City Hall on Saturday, June 4th, in conjunction with the
Albertville Lionesses. The Council agreed..
Potter reported that he and Dale will be attending the initial
riPeting cat thy= Wright County Transportation Study on April 27th at
10:00 AM.
There was no ffurther business and the Mayor Potter adjourned
the meeting at 9:00 PM.
Michael Potter, Mayor
inda Houghton, Cler
/'N
ALBERTVILLE CITY COUNCIL
CONSENT AGENDA ITEMS
April 4, 1994
III. APPROVAL OF CONSENT AGENDA
* Approve Minutes of April 4, 1994, regular
meeting
* Approve Follow Up Sheet of April 4, 1994
* Approve recommendation to increase Zoning Fees
as detailed in the minutes of the 4/12/94 minutes
* Financial Statement (Mar. 31 - Apr. 13)
* Approve bills (Check #'s 8374 - 8406)
* Approve RESOLUTION #1994-7
CITY OF ALBERTVILLE
FOLLOW UP SHEET
April 4, 1994
DATE ACTION TO BE TAKEN PERSON
1/18 Review comp time issue in six months Caxxil
1/18 Prepare semi-annual newletters in May & October Admin.
3/7 Prepare details of purchase requests for Council Ken
3/7 Check budget - cracksealing Linda
Ken
4/4 Inform Council re: solid waste issues Dale
4/4 Inform Council on cost of time-share equipment Ken
4/4 Bill Kenco for 800,000 gallons of inflow Linda
4/12
ALBERTVILLE CITY COUNCIL
April 4, 1994
Albertville City Hall 7:30 PM
PRESENT: Mayor Mike Potter, Councilmembers Duane Berning,
Sharon Anderson, Albert Barthel and John Vetsch, City Clerk Linda
Houghton, City Administrator Dale Powers, Engineer Bob Robertson
AUDIENCE IN ATTENDANCE: Bernard Marx, Clem Marx, Chuck Davis,
Judie Rose, John Oulette, Pete Klinkhammer, Russ Heath, Char
Zachman, Judy Roden, Douglas Psyk, Ken Lindsay, Kristi Powers
Mayor Potter called the regular meeting of the Albertville
City Council to order.
The agenda was amended by adding the following:
Administration:
(1) City Unity Day (Resolution #1994-6)
(2) LMC Conference
(3) Discussion of enforcement of nuisance ordinance regarding
unlicensed vehicles
(4) Upcoming Fire Building Committee meeting
Berning made a motion to approve the agenda as amended. Vetsch
seconded the motion. All voted aye.
Barthel made a motion to approve the Follow -Up Sheet as
presented. Vetsch seconded the motion. All voted aye.
Barthel made a motion to approve the minutes of the March 21,
1994, meeting as presented. Vetsch seconded the motion. All voted
aye.
John Oulette explained to the Council that he is attempting
to purchase the old church building on 58th Street to open as an
antique and clock repair store. He has discovered that if he can
have the building declared of historical significance by the state,
he can avoid having to comply with all the requirements of the
state building codes regarding ADA regulations. He stated he will
not be able to purchase the building because of financial
difficulties if he is required to comply with all the ADA codes.
Oulette requested assistance from anyone who may have information
and/or documents to support his request to have the building
classified as historically significant.
Wright County Commissioner Judie Rose and Environmental Health
Officer Chuck Davis reported on the County's plan to keep Wright
County's solid waste in the county. Cities who participate in the
County plan contract with only one garbage hauler. The collected
materials would be trucked directly to the compost facility. The
advantages to the city are there is less garbage truck traffic
within the city, one hauler will generally be cheaper per unit, and
Wright County offers the city indemnification from any liability
ALBERTVILLE CITY COUNCIL
April 4, 1994
Page 2 of 5
for Superfund cleanup costs if all city garbage goes to the County
Compost facility. Davis recommended that the City pay the County
directly for the compost (tipping) fees on a per ton basis. The
City would bill the users for the garbage pickup.
Mayor Potter expressed the opinion that the residents of
Wright County are already paying for the compost facility and feels
it would be advantageous for all residents of Albertville to keep
the compost facility operating.
Commissioner Rose reported briefly on a proposal that will be
on the agenda of the Wright County Commissioner's meeting tomorrow.
If adopted, there will be some changes in the recycling incentives
offered to cities who organize their waste collection. The County
will also pay the city $1 per capita for expenses incurred in
upgrading software, securing bids from haulers, etc.
The Council directed Dale to keep informed of the solid waste
collection program and to present any new information to the
Council at the next meeting.
Maintenance Foreman Ken Lindsay told the Council he has had
several requests for a compost site for leaves and grass clippings.
Ken explained the City needs a permit from the PCA for the
operation of a compost site. The Council concurred that a compost
site would not be opened this year and directed Ken to contact two
of the local farmers who have requested yard waste for their use
last year and see if they are still willing to accept the compost
materials.
Ken reported that he had been approached regarding a time-
share purchase of equipment --namely a street sweeper and a crack
sealing machine. The Council directed Ken to get information on
the cost of the proposed equipment for the Council to consider.
The odor emanating from the wastewater treatment facility is
coming from Cell #3, which has no added aeration. The odor should
dissipate as soon as the water turns over.
Engineer Norm Gartner reviewed Change Order #2 for the
wastewater treatment facility expansion (Project #1992-11A). The
change order covers six items, which Norm reviewed with the
Council. The grand total of the change order is $15,141.41,
approximately 24% less than first anticipated.
Vetsch made a motion to approve Change Order #2 as presented.
Anderson seconded the motion. All voted aye.
The Council reviewed the minutes of the public hearing
conducted by the Planning Commission on March 17, 1994, to consider
ALBERTVILLE CITY COUNCIL
April 4, 1994
Page 3 of 5
approval of a Conditional Use Permit to allow construction of a 28
X 40 garage on the property owned by Rich Miller. The Commission
recommended approval of the CUP request. Dale presented the
Findings of Fact for the Conditional Use Permit. Councilman
Berning requested that a stipulation be added to the Findings of
Fact stating that Miller will use his driveway access only to enter
the garage, rather than driving over the curb. Dale explained to
the Council that a variance should have also been granted to allow
the construction. Since there was no public input or opposition
to the issuance of the Conditional Use Permit, Dale told the
Council he felt they could approve both the Conditional Use Permit
as recommended and the variance. Berning made a motion to grant
a Conditional Use Permit and a variance from the garage size
restrictions to Rich Miller, contingent upon the addition of the
stipulation that the main driveway only be used to access the
additional garage. Anderson seconded the motion. All voted aye.
City Engineer.Bob-Robertson reported that upon reviewing the
video tape and the surveyed drawings of the casing under I-94, it
is his opinion that the casing can be used to accommodate a
polyethylene water main of sufficient size to serve the area north
of the freeway. He has also reviewed the Feasibility Study written
by Meyer-Rohlin, Inc. and feels the cost projections are fairly
accurate, although he is unsure whether the costs are sufficient
to cover the possibility of encountering poor soils.
Robertson reported that he has reviewed the drainage as
proposed in the MLDCO 1st Addition and finds that the catch basin
is necessary.
Robertson recommended that the Council wait on the results of
the MNDOT traffic study to determine the need for stop signs on
57th, 51st and 53rd Streets. He suggested that yield signs may be
more appropriate and less restrictive. Councilmember Berning
requested that if the traffic study from MNDOT has not been
received by May 1 that the Council address the stop sign issue at
their next meeting.
Barthel made a motion to approve the Financial Statement for
the period March 17 - March 30 as presented. Vetsch seconded the
motion. All voted aye.
Barthel made a motion to approve payment of Check #8329-8370
and Check #'s P1044-P1051 as presented. Vetsch seconded the
motion. All voted aye.
Barthel made a motion to approve the following liquor
licenses:
Albertville Bar - On -Sale, Sunday and Off Sale
KD's Family Restaurant - On -Sale, Sunday
ALBERTVILLE CITY COUNCIL
April 4, 1994
Page 5 of 5
meeting to be held on Wednesday, April 6. Councilmember Anderson
requested that minutes be taken at the committee meeting in order
that the other Council members not present at the meeting can be
kept informed. Dale indicated he will attend the meeting.
Vetsch made a motion to adjourn at 10:15 PM. Anderson
seconded the motion. All voted aye.
Michael Potter, Mayor
Linda Houghton, Clerk
CITY OF ALBERTVILLE
PUBLIC HEARING
April 11, 1994
PRESENT: Cour_cilmembers Duane Berning, John Vetsch, Sharon
Anderson, and Albert Barthel, City Administrator Dale Powers, City
Clerk Houghton_, City Attorney Mike Couri
AUDIENCE IN ATTENDANCE: Judy Roden, Gerry Wenner
Acting Mayor E,r!ir_g opened the pub! -c hearing. The purpose
of is 1! -a_--.-lr, is to consider the passage of an enabling
-resolution estaa'i.-'_ing an Economic Development Authority within
the C; .,
City Clerk Linda Houghton read the Notice of Public Hearing.
Attorney Couri advised the Council that the City must notify
Wright County and Department of Trade and Economic Development if
the Council decides to create an HRA. The creation of an EDA with
the powers of an HRA does not require that notification.
The Council reviewed the enabling resolution (Resolution
#1994-7) creating an Economic Development Authority for the City.
The Council amended the resolution as presented under Section III,
establishing that the Authority shall have five members, of which
at least one member must be a member of the City Council. Section
C was amended to indicate a vacancy exists when a member resigns
or when a Council member on the AEDA ends Council membership.
Paragraph XII was amended by deleting Item 3.
Attorney Couri recommended that the Council make appointments
to t_!? AEDA at the ne`vt. Counc4. i m eting.
,a_t:-e" Ae ac.ion to close the public hearing at $.55 PM.
Ar`z!cr_ seconded _.- Notion. All vott-d aye.
The Council agreed to have the derision on approval of the
amended ReJ'?:�..tior_ #_L994-7 on the Council agenda on April 18th.
Anderson_ made a motion to adjourn at 9:00 PM. Barthel
seconded the motion. All voted aye.
Duane Berning, Acting Mayor
Linda Houghton, Clerk
MINUTES
PLANNING AND ZONING COMMISSION
APRIL 12, 1994
COMMISSION MEMBERS PRESENT: Anderson, Berning (7:06), Johnson,
Larson, Vetsch
STAFF PRESENT: City Administrator Powers
ALSO PRESENT: Mike Potter
The meeting was called to order by Larson @ 7:05pm
Vetsch/Johnson unanimous to amend agenda to include discussion on
changing the time for future Commission meetings.
Johnson/Vetsch unanimous to approve amended agenda.
Anderson/Vetsch unanimous to approve minutes of 3/17/94
Commission meeting.
Powers discussed the proposed changes in the City's zoning fees.
(See attached proposed fee schedule). He is of the opinion that
the fees are not reflective of the actual cost, to the City in the
areas of commission member stipends, publication of official
notice, notification to,adjacent property owners, staff review of
request,, etc. Powers surveyed other growing communities and
averaged the fees charged for similar services. This formed the
basis for the proposed zoning fee schedule.
Discussion centered around the following concerns:
-Larson: Concerned about any additional charges involving the
building inspector and the attorney. Powers assured Larson that
those charges would be in addition to the fees, as is current
practice.
-Larson: Concerned that park dedication fees for
commercial/industrial property are too high, and cited a $500,000
structure would pay a $25,000 park dedication fee under this
proposal. Powers offered to lower that to 5% of assessed value of
the land at time of construction, which met with Larson's
acquiescence.
-Johnson: Does the City have a say on where parks are located?
Powers replied that the City can recommend to the developer that
a park be relocated during the site plan review stage.
-Berning: Concerned that these fees would "scare off
development". Potter replied that these fees are in line with
other communities that are growing, and it hasn't "scared off"
development in those towns. Good parks tend to attract business.
Powers concurred with that opinion.
-Vetsch and Larson: Would like an audit to Fee if the City is
losing money on fees. Powers offered to review 1993's activity to
show additional income the City would have gained if this
proposed fee schedule was in effect.
-Anderson moved to table the matter. Motion died for lack of a
second.
-Vetsch/Johnson unanimous to approved amended revised fee
schedule.
Discussion on moving meeting time to 7:39pm.
-Anderson/Vetsch 4-1 to move meeting time to 7:30pm. Larson
opposed.
Discussion on items for the City newsletter.
-Larson/johnson unanimous to direct Powers to write on the
Commission's behalf an item for the newsletter.
-Anderson/Johnson unanimous to adjourn.
Meeting was adjourned at 8:55pm.
LeRoy Berning, Chairman
Dale Powers, City Administrator
Proposed Zoning Fee Schedule:
Public Hearing Fee: $100
Minor Single Family Residential Variance ..... $100
All Other Variances ..........................$200 + Public Hearing Fee
Conditional Use Permit .......................$300 + Public Hearing Fee
Zoning Amendments ............. I .............. $300 + Public Hearing Fee
Site Plan Review.............................$300 **TABLED**
Subdivision and Platting........... (1 lot)..$450
(more than 1 lot)..... Division... .$100 + $50/lot ;+ Public Hearing Fee
Preliminary Plat. , .$300 + $50/lot/outlot
Final Plat ......... $200 '
Park Dedication -Single Family Residential .... $500/lot
-Duplex-Triply-Fourplex...... $450/unit.
-Multifamily ..................$400/:snit
-C.ommercial/Industrial..... ...5% of assessed valuation of land at time of
construction
PLANNING COMMISSION: Please review this schedule for any errors. If there are any, please
let me know.
Thank you,
Dale Powers
CITY OF ALBERTVILLE
FINANCIAL STATEMENT
March 31 - April 13, 1994
Beginning Cash Balance March 31, 1994 $312,884.31
INCOME (Mar. 31 - Apr. 13)
Building Permits 2,783.89
Dog Licence
20.00
Donation -Jaycees (numbers)
250.00
Donation-Lions(Flag/stand)
84.55
Donation -Lions (Flagpole)
575.00
Interst Income (March)
570.12
Lease PAyment (Zimmer)
475.00
Liquor Licenses 4,200.00
Loan Payment(FraserSteel)
585.27
Park Rent
350.00
P & Z Requests
490.00
Reimrusement (Pysk's 5th)
308.75
Sewer Licenses
45.00
Sewer Receipts
110.18
Sewer Penalties
3.00
Special Assessment Paid 15,577.46
Storm Water Receipts
9.00
Storm Water Penalties
.42
Title Search
20.00
TOTAL INCOME 26,157.64
EXPENSES (Mar. 31 - Apr. 13)
Check #'s 8329-8370 &
P1044-P1051
(approved 4/4/94 28,364.46
PAYROLL 3/23 - 4/5
Check #'s P1052-P1055
VOID
Check
#
P1056
- Linda
810.70
Check
#
P1057
- Dale
132.17
Check
#
P1058
- Ken
940.89
Check
#
P1059
- Mike
638.44
Check
#8328 -
PERA
303.16
Check #8372 - Dale (Pager) 17.20
TOTAL EXPENSES 31,207.02
Ending Cash Balance April 13, 1994 __$307,834.93
INVESTMENTS:
CD #9066 (Fire Dept)
CD #9145 (Lions) - matures 4/21/94 @ 2.68%
cd #9196 - Alb. Development Corp. matures 4/21/94
CD #8925 - matures 6/1/94
CD #8579 - matures 6/28/94
CD #8807 - matures 9/28/94
Piper-Jaffray Investments
TOTAL INVESTMENTS
12,079.28
19,582.51
6,939.78
110,452.64
161,967.11
366,931.99
1,075,469.58
$1,753,422.89
CITY OF ALBERTVILLE
BILLS TO BE PAID
April 18, 1994
Check No.
Vendor
Reason
Amount
8374
Albertville Auto Parts
Switch
7.64
8375
Anderson, Sharon
March P & Z
15.00
8376
Berning, LeRoy
Jan -Mar P & Z
45.00
8377
Black, Scott
First Responders
150.00
8378
Chouinard Office Prod.
File Folders
42.81
8379
Communications Auditor
Repair Radio
51.81
8380
Crow River News
March Publications
150.51
8381
DJ's
Shop 54.50
253.11
WWTF 33.09
CityHall 60.12
Park 2.12
FireDept. 103.28
8382
Dept. Trade/Econ. Dev
Star City Manual
26.23
8383
Don's Auto
Fire Dept Gas 13.00
151.89
FireDept Rep 138.39
8384
Federated Co-ops
WWTF Fuel
332.25
8385
Feed -Rite Controls
WWTF Testing
89.00
8386
Gopher State One Call
Locate Requests
9.00
8387
HEP Computer
Repair Computer
110.00
8388
Hack's
WWTF Diesel 87.42
208.15
Gas - Street 10.67
Park 10.66
WWTF 10.66
WWTF Supplies 4.24
CH Supplies 84.50
8389
Harvest Printing
Fire Dept - Supplies
21.30
8390
Johnson, Roger
Jan -Mar P&Z
45.00
8391
Larson, Howard
Jan -Mar P&Z
30.00
8392
Lindsay/Ken
MWOA Meeting Reimb.
6.00
8393
Med-Compass, Inc.
Fire Dept. Physicals
983.20
8394
Meyer-Rohlin, Inc.
1992-11A Project
4,643.22
8395
Monticello Animal Control
March Service
16.00
8396
Monticello, City of
Animal Control
25.00
8397
NSP
City Hall 119.10
393.48
Park&Ride 19.81
FCD Power 7.46
City Sign 7.80
City Park 75.43
4-S Park 22.47
WWTF 141.45
8398
NAC, Inc.
Fire Hall Study
333.97
8399
P.E.R.A. Life Ins.
Linda's Ins.
12.00
8400
Pat's 66
Plow 19.40
87.20
Streets 22.60
Park 22.60
WWTF 22.60
8401
RCM, Inc.
Engineer 341.30
1,593.41
FireHall 1,252.11
8402
Ross, John
Mileage 30.00
180.00
1st Resp. 150.00
8403
Sentry Systems
Montior Park Shelter
57.51
8404
St. Michael Drug
Film & Development
16.02
8405
St. Michael Floral
Gift - Mane Ave. Hair
24.25
8406
Wright Recycling
March Service
600.00
TOTAL BILLS $10,710.36
;ITY OF ALBERTVILLE
RESOLUTION #1994-
A RESOLUTION ESTABLISHING AN ECONOMIC DEVELOPMENT
AUTHORITY FOR THE CITY OF ALBERTVILLE, MINNESOTA
WHEREAS the City of Albertville, Minnesota ("City") desires to
encourage, attract, promote, and develop economically sound
industry and commerce within the City for the prevention of
unemployment in the City, and
WHEREAS to these ends it is necessary that there be established
within the City an entity which can undertake the activities
necessary to encourage, attract, promote, and develop
economically sound industry and commerce within the City, and
WHEREAS it is recognized than an economic development authority
is a means to these ends, and that the City is authorized and
empowered to establish an Economic Development Authority under
the provisions of Minnesota Statute Section 469 et. seg. ("Art"),
and
WHEREAS the City Council for the City finds it in the best
interest of the City and its residents that the City establish an
economic development authority to encourage, attract, promote,
and develop economically sound industry and commerce within the
y
�,it ,
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ALBERTVILLE AS FOLLOWS:
I. GRANT OF POWERS
A. The City Council does hereby establish the Albertville
Economic Development Authority (AEDA).
B. Subject to the limitations and conditions set forth in Section
II, the authority is granted all powers contained in Minnesota
Statute Section 469 et. seg., including that of an Housing and
Redevelopment Authority and a city.
C. If and when the City decides to participate in the Star Cities
Program., the AEDA will be the organizational vehicle for its
implementation.
II. LIMIT OF POWERS
The following limits are hereby imposed upon the actions of the
Albertville Economic Development Authority:
A. Resolution
1. The AEDA must not exercise any powers without the prior
approval of the City Council.
2. The sale of all bonds or obligations issued by the AEDA
shall be approved by the City Council before issuance,
3. The AEDA shall follow the budget process established for
city departments.
4. The actions of the authority must be consistent with the
adopted comprehensive plan of the City,
5. The authority shall submit its administrative structure and
management practices to the city council for approval.
B . Mod if icat ion of 'Reno lut ion
1. The resolution may be modified at anytime.
C. Report on Resolution
1. Without limiting the right of the authority to petition the
city council at anytime, each year, within sixty (60) days
of the anniversary date the authority shall submit a report
stating whether and 'now the enabling resolution should be
modified.
III. COMMISSIONERS
A. Appointment
1. The AEDA shall consist of five members appointed by the
mayor with the approval of the City Council, One member
must be a member of the City Council.
B. Terms
1. Those initially appointed as voting members shall be
appointed for terms of two, three, four, five, and six
years. Following the expiration of the original terms, each
voting board member term will be for six years.
C. Vacancies
1. A vacancy is created in the membership when:
a. A City Council member of the AEDA ends Council
membership.
b. A non -City Council member of the AEDA resigns or is
removed for cause.
2. A vacancy for this or any other reason must be filled for
the balance of the unexpired term, in the manner in which
the initial appointment was made.
D. Increase in Commission Members
1. The AEDA may be increased from five to seven voting members
by a resolution adopted by the City Council.
E. Removal for Cause
1. A commissioner may be removed by the City Council for
inefficiency, neglect of duty, or misconduct in office.
2. A commissioner shall be removed only after a nearing.
3. A copy of the charges must be given to the commissioner at
least ten day, before the hearing.
V. OFFICERS ORGANIZATIONAL MATTERS
A. Bylaws, Rules, Seal
1. The AEDA may adopt bylaws and rules of procedure.
2. The AEDA shall adopt an official seal.
B. Officers
1. The AEDA shall elect a president, vice president,
treasurer, secretary, and assistant treasurer, from among
its membership, on an annual basis.
2. A commissioner may not serve simultaneously as president
and vice president,
3. The other offices may be held by the same commissioners.
VI. EMPLOYEES, SERVICES STJ T F
A. Employees
1. The AEDA may employ an executive director, a chief
engineer, other technical experts and agents, and other
employees it may require.
2. The AEDA shall determine their duties, qualifications and
compensation.
B. Contract for Services
1. The AEDA may contract for the services of professionals
needed to perform its duties and exercise its powers.
C. Leoal Services
1. The AEDA may use the services of the city attorney or hire
a general counsel for its legal needs.
D. Supplies and Purchasing
1. The AEDA may purchase the supplies and materials it needs
to carry out its functions.
The AEDA may use the facilities of the city's purchasing
department in connection with construction work and to
purchase equipment, supplies, or materials.
E. City Facilities
1. The City may furnish offices, structures and space, and
stenographic, clerical, engineering, or other assistance to
the AEDA.
VII. CONFLICT OF INTEREST
1. Except as authorized in MN Statute Section 471.88 a
commissioner, officer, or employee of the AEDA must not
acquire any financial interest, direct or indirect, in
any project or in any property included or planned to be
included in any project, nor shall the person have any
financial interest, direct or indirect, in any contract
or proposed contract for materials or service to be
furnished or used in connection with any project.
VIII. OBLIGATIONS
A. Budget to the City
1. The AEDA shall send its budget to the Council at the time
fixed by the charter.
2. The budget must include a detailed written estimate of the
amount of money that the authority expects to need from the
city to do authority business during the next fiscal year.
B. Fiscal Year
1. The fiscal year of the AEDA shall be the same as the fiscal
year of the City.
C. Report to the City
1. Annually, at a time and in a form fixed by the City
Council, the AEDA shall make a written report to the City
Council,
2. The report shall give a detailed account of the AEDA"s
activities and of its receipts and expenditures during the
proceeding fiscal year, together with additional matters
and recommendations it deems advisable for the economic
development of the city.
D. Audit
1. The financial statements of the AEDA must be prepared,
audited, filed, and published or posted in the manner
required for the financial statements of the city.
2. The report must be filed with the state auditor by June 30
of each year.
IX. ECONOMIC DEVELOPMENT DISTRICT; SCHEDULE OF POWERS
A. Establishment
1. The AEDA may create and define the boundaries of the
economic development districts.
2. The AEDA may use the powers granted to carry out its
purpose.
B. Acquire Property
1. The AEDA may acquire by lease, purchase, gift, device, or
condemnation proceedings the needed right, title and
interest in the property to create economic development
districts.
2. Property acquired shall be leased, owned, controlled, used,
or occupied by the AEDA for public governmental and
municipal purposes and is exempt from taxation by the state
or by its political subdivisions.
3. The exemption only applies while the AEDA holds property
for its; own purposes.
C. Options
1. The AEDA may sign options to purchase, sell, or lease
property.
D. Contracts
1. The AEDA may make contracts for the purpose of economic
development within the powers given it.
E. Limited Partner
1. The AEDA may be a limited partner in a partnership whose
purpose is consistent with the authority's purpose.
F. Rights; Easements
1. The AEDA may acquire rights or an easement for a term of
years or perpetually for development of an economic
development district.
G. Sup -plies: Materials
1. The AEDA may buy the supplies and materials it needs.
H. Receive Public Property
1. The AEDA may accept land, money, or other assistance,
whether by gift, loan, or otherwise, in any form from the
federal or state government, or any agency of either, or a
local subdivision of state government.
I . Public. Facilities
1. The AEDA may operate and maintain a public parking facility
or other public facilities to promote development in an
economic development district.
X. GENERAL OBLIGATION BONDS
A. Authority
1. The AEDA may issue general obligation bonds in the
principal amount authorized by three -fourths majority vote
Of the city council.
2. The bonds may be issued in anticipation of income from any
source. The bonds may be issued:
a. to secure funds needed by the AEDA to pay for
acquired property.
b. for other purposes in Minnesota Statutes Sections
469.090 to 469.108.
3. The bonds must be in the amount and form and bear interest
at the rate set by the City Council.
B. Maturity
1. The first installment shall be due in not more than three
(3) years and the last installment in not more than twenty
(20) years from the date of issuance.
C. Detail
1. The AEDA, with the consent of the City Council, shall set
the date, denominations, place of payment, form, and
details of the bonds.
D. Signatures
1. The bonds shall not impose any personal liability on a
member of the AEDA.
E. Pledoe
1. The bonds shall be secured by the full faith, credit, and
resources of the city.
2. The AEDA may pledge the full faith, credit, and resources
of the City only if the City specifically authorized the
AEDA to do so.
F. Tax Levy
1. The AEDA that issues bonds shall, before issuing bonds,
levy a tax for each year on the taxable property in the
city.
2. The tax shall be for at least five (5) percent more than
the amount required to pay the principal and interest on
the bond as the principal and interest matures.
3. The tax shall be levied annually until the principal and
interest are paid in full.
4. After the bonds have been delivered to the purchasers, the
tax shall not be repealed until the debt is paid.
5. The AEDA shall transfer the surplus from the excess levy to
a sinking fund after the principal and interest for which
the tax was levied and collected is paid.
6. The City Council may, by resolution, require the AEDA to
transfer any portion of the reserves generated by
activities of the AEDA that the City Council determines is
not necessary for the successful operation of the authority
to the debt service fund(s) of the City, to be used solely
to reduce tax levies for the bonded indebtedness of the
City, provided said reserves have not been previously
pledged by the AEDA.
7. The AEDA's bonds are instrumentalities of a public
governmental agency.
XI. REVENUE BONDS
A. Authority
1. The AEDA may decide by resolution to issue its revenue
bonds either one (1) at a time or in series from time to
time.
2. The revenue bonds may be issued to provide money to operate
the authority, to purchase or construct facilities, to
purchase, construct, install, or furnish capital equipment
to operate a facility for economic development.
3. The AEDA shall state in the resolution how the bonds and
their attached interest coupons are to be executed.
B. Revenue Pledge
1. In issuing general obligation or revenue bonds, the AEDA
may secure the payment of the principal and interest on the
bonds by a pledge of and lien on authority revenue.
2. The revenue must come from the facility to be acquired,
constructed, or imposed with the bond proceed; or from
other facilities named in the bond authorizing resolution.
3. Revenue bonds are not a debt of the city nor a pledge of
the city's full faith and credit.
XII. LEVY TAXES
A. City Tax Levy
1. The city may, at the request of the AEDA, levy a tax in any
year for the benefit of the AEDA.
2. The tax shall not be for more than .01813% taxable market
value.
3. The tax shall not be subject to levy limits.
Passed: April 18, 1994
Mike Potter, Mayor
Attest:
Dale Powers, City Administrator
AMENDMENT
TO AGREEMENT DATED AUGUST 1, 1977
REGARDING REPAIR, REPLACEMENT, UPGRADE,
AND INSTALLATION OF UTILITY SYSTEM
WHEREAS, the Cities of Albertville, Hanover and St. Michael
and the Township of Frankfort entered into a Joint Powers
Agreement dated August 1, 1977 (hereinafter "Agreement"), pursuant
to Minn. Stat. Section 471.59, for the operation of a utility
system; and
WHEREAS, the entity established by said Agreement is known as
the Hanover, Frankfort, St. Michael and Albertville Water and
Sanitary Sewer Board (hereinafter "Board"); and
WHEREAS, it w..s previously implicitly agreed between the
Parties to said Agreement that the Board would, at its expense,
repair existing watermains within the utility system, and each of
the signatory parties would, at their own expense, replace,
upgrade, or install new watermains within their respective
Jurisdictions; and,
WHEREAS, the Board and the Parties, desire to change this
implicit arrangement and incorporate said change into the
Agreement by means of this Amendment.
NOW, THEREFORE, it is hereby mutually agreed by the Board as
follows:
1. Paragraph 14 of the Agreement is hereby created by adding
the language below to read as follows:
14. When deemed necessary by the Board, the
Board shall, at its expense repair, replace, or upgrade,
any existing watermain in any member jurisdiction as
referred to in the Watermain Repair, Replacement and
AMENDMENT REGARDING REPAIR, REPLACEMENT, UPGRADE, AND
INSTALLATION OF UTILITY SYSTEM
Page 2
Upgrade Policy as periodically updated and amended by
the Board. Notwithstanding Paragraph 13 herein, at the
termination of this Agreement, each member municipality
or town shall retain any existing watermain repaired,
replaced, or upgraded pursuant to this Paragraph.
2. The undersigned, being all the members of the Board, have
duly adopted the foregoing.
Dated:
Dated:
Dated:
Dated:
APPROVED BY:
1994
CITY
OF ALBERTVILLE
Ly:
Its:
Mayor
By:
Its:
Clerk
1994
CITY
OF HANOVER
By
Its:
Mayor
By
Its:
Clerk
1994
CITY
OF ST. MICHAEL
By..
Its:
Mayor
By:
`ts:
Clerk
1994
TOWNSHIP OF FRANKFORT
By:
Its:
Chairman
By:
Its: Clerk
WATERMAIN REPLACEMENT/IMPROVEMENT POLICY
The Joint Powers Water Board's position on initiating watermain replacement or improvement has
not been well documented in the past. From a fiscal standpoint, the following reasons point to the
Joint Powers Water Board as having responsibility for distribution system improvements.
A. The Joint Powers Water Board (JPWB) is the water system utility and receives all the water
system revenues.
B. The JPWB is responsible for watermain repairs. If the cost of repairs dictates replacement
of a segment of watermain, the JPWB should have the authority to do so.
Policy:
A. Replacing or constructing new watermain not combined with a community project.
With this scenario, the JPWB Engineer would be responsible for the project design. The
JPWB would solicit bids, receive bids and award the contract. The JPWB plans would be
subject to review by the member community for street, site, and utility restoration.
New watermain construction refers to projects initiated by the Board for system
improvements. New watermain proposed by member communities or developers to extend
the service area would follow the present course.
B. Replacing or constructing new watermain in connection with a member community project.
Obviously, this approach would benefit both parties and is preferable. With a street
reconstruction and/or a sanitary sewer replacement project, the member community would
likely take the lead role on the project. The design of the watermain would be completed by
the JPWB Engineer. The drafting of the watermain design would be worked out between the
JPWB Engineer and the community's engineer.
A cooperative agreement would need to be entered into by the Board and the member
community. The Board should develop a standard cooperative agreement form and have that
form ratified by the member communities.
745/000.2802.mu