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1996-09-03 CC Agenda/Packet• , ALBERTVIT-T CITY COUNCIL • • AGERM September 3, 1996 7:00 PM 7:00 1. CALL TO ORDER/ROLL CALL/ADOPT AGENDA (Mayor/Clerk/Council) 7 : 0 5 2. MINUTES (council) a. Regular City Council Meeting - August 5, 1996 b. Special Council Meeting - August 16, 1996 7 :10 3 AUDITING CLAIMS (council) 7:15 4. CITIZEN FORUM - 10 Minute Limit 7 : 25 5. CONSENT AGESM [ * ] (Council) a. Financial Statement - August b. Follow Up Sheet - August 5, 1996, meeting C. WWTF Operation Report July 1996 (PSG) d. Approve 3.2 License for Albertville Lioness at City Park on September 20, 1996, from 5:00 PM to 9:30 PM e. Establish Special Council meeting for Personnel Evaluations on September 4, 1996, at 5:00 PM f. Establish Special Council Meeting for Proposed Preliminary 1997 Budget and Tax Levy on September 4, 1996, at 6:30 PM g. Establish Special Joint Meeting with Planning Commission to discuss Comp Plan on September 24, 1996, at 7:00 PM h. Establish Truth in Taxation Hearing for December 3, 1996, at 7:00 PM i. Accept 1997 budget proposal for WWTF Contract in the amount of $92,937 j. Approve agreement for distribution of taxes for 1995/96 and prior for annexed lands and authorize administrator to execute document k. Preliminary Survey Work for Future Improvement Work on County Road 118 (Wright County Engineer Memo Dated August 27, 1996) 1. Receive letter dated August 20, 1996-, from Environmental Quality Board regarding EAW for Minneapolis Factory Shoppes 1 0 7:30 6. UNFINISHED BUSINESS a. Piper Jaffray Settlement - Second Distribution in the amount of $4,938.55 b. STMA Youth Hockey Association Ice Arena (Van Heel) C. Finance Committee Recommendations 1) 1996 Budget amendments 2) Recommendation to provide funding for voter tabulation machine— $5,500 3) Recommendation to provide funding for Comp Plan update for annexed areas - $2,000 `4) Recommendation to provide funding for Parks & Trails survey costs - $1,200 5) Recommendation to fund deficit in Fire Relief Retirement Fund by levying $3,000 per year in addition to required municipal contribution 6) Schedule Council workshop meeting to review 1997 budget and options for Funding CSAH 19/37 Project costs (appraisals) 7) Recommendation to establish a Closed Bond Fund d. RESOLUTION #1996-53 (ACCEPTING BIDS AND AWARDING CONTRACT FOR THE 1996 NORTH FRONTAGE ROAD SANITARY SEWER PROJECT) (Engineer) e. WWTF - Urban Service Area (Engineer) f. RESOLUTION #1996-54 (RESOLUTION ADOPTING STANDARDS • FOR INSTALLATION OF UTILITIES, STREETS, AND OTHER MUNICIPAL IMPROVEMENTS) (Engineer) g. Parkside 3rd Inspections by SEH (Engineer) h. 1996 Street Overlay Project - Pay Request (Engineer) i. RESOLUTION #1996-55(RESOLUTION AUTHORIZING APPROVAL OF APPRAISALS AND PAYMENT TO LANDOWNERS FOR TEMPORARY CONSTRUCTION AND PERMANENT ROADWAY EASEMENTS FOR IMPROVEMENTS TO CSAH 19 AND CSAH 37) (Attorney) 8 :15 7. NEW BUSINESS a. Agreement with David & Virginia Carlson re: reimbursement for water tower lot expenses (Attorney) b. Request from developers to use temporary easements for 60th Street Trunk Line installation (Attorney) C. Discuss vacation of alley in 1978 never recorded on Rademacher/Vetsch properties (Attorney) d. Excess Tax Increment Repayment (Attorney/State Auditor) 9:00 e. Water Tower Lot Title - (3MIM) MMING (Attorney) 9:20 f. Recommendation from Planning Commission to approve preliminary and final plat - Brittany Kay Estates g. Albertville Royalty - City Award Discussion (Council) • h. AN ORDINANCE PROVIDING FOR THE IMPOSITION OF CHARGES FOR THE USE AND AVAILABILITY OF, AND CONNECTION TO, WATER FACILITIES, PURSUANT TO MINNESOTA STATUTES, SECTION 444.075 ( Joint Powers Board) K 40 • i. Joint Powers concerns - Letter dated 8/27/96 9 : 50 8. COUNCIL REPORTS (council) 9: 59 9. ADJOURIDlF. T (council) J ALBERTVILLE CITY COUNCIL September 3, 1996 Albertville City Hall 7:00 PM PRESENT: Mayor Michael Potter (7:07 PM), Councilmembers Curt Muyres, Duane Berning, John Vetsch, and Sharon Anderson, City Administrator Garrison Hale, City Clerk Linda Houghton, City Engineer Peter Carlson, and City Attorney Mike Couri Acting Mayor Berning called the regular meeting of the Albertville City Council to order. The agenda was amended by adding the following: Item 5m. Set special meeting on September 11, 1996, at 4:50 PM for the purpose of canvassing the results of the Primary Election Item 6i. JMJ Outlot Mall Vetsch made a motion to approve the agenda as amended. Anderson seconded the motion. All voted aye. 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 #'s 10380 - 10384 and Check Vs 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 Council under Community 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 Facility 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 evaluations 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. Muyres seconded the motion. All voted aye. Berning made a motion to receive the letter dated August 20, 1996, from Environmental Quality Board regarding the EAW for Minneapolis 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 suggested that the consultants provide recommendations on funding for the 1997 budget. 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. City 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 will 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 hearing 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 #1996-53 titled ACCEPTING BIDS AND AWARDING CONTRACT 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 hearing. Anderson seconded the motion. All voted ave. Carlson explained the Urban Service Area has been defined. He will lay out 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. Muvres made a motion to adopt RESOLUTION #1996-54 titled RESOLUTION ADOPTING STANDARDS FOR INSTALLATION OF UTILITIES, STREETS AND OTHER MUNICIPAL IMPROVEMENTS. 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 motion. 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 to table discussion of the appraisals for the CSAH 19/37 right of way to the September 16, 1996, meeting with the financial advisor. Muyres seconded the motion. All voted aye. Mavor Potter removed himself from the Council prior to the discussina the JMJ Properties outlet mall. Attorney Couri told 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. plann=na and engineering fees, and the building permit fee. Couri recommends that the City show _lexibility on the development costs. Couri explained 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 Citv'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 COUNCIL 1 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 Association Arena Committee arrived to discuss a partnership with the cities of St. Michael, Albertville, and I.S.D.# 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. Councilmember Muyres requested the Council 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. 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 Carlsons 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 Settlement 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 with the Carlsons as presented with a six month option period. Vetsch seconded the motion. Anderson, Vetsch and Potter voted aye. ALBERTVILLE CITY COUNCIL 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's ability 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. Potter 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. 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. 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 Muyres 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 aye. The meeting was adjourned at 11:30 PM. Michael Potter, Mayor Linda Hough/ton, C1er UPCOMING MEETINGS/IMPORTANT DATES September 4 Special City Council Meeting (Personnel) 5:OOEM September 4 Special Council Meeting (1997 Budget) 6:30EM September 10 Primary Election Day - Polls Open 7:00 AM to 8:OOEM September 11 Finance Committee Meeting 5:00FM September 16 Special City Council Meeting 7:00EM September 17 Regular Planning Commission Meeting 7:OOEM September 23 Regular Joint Powers Meeting 7:30E4 September 24 Special Joint Council/Planning & Zoning 7:OOEM Meeting - Comp Plan (Planner) October 7 Regular City Council Meeting 7:OOEM October 8 Regular Planning Commission Meeting 7:00 EM I.1 ALBERTV I LLE CITY COUNCIL 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 Hale, City Clerk Linda Houghton, City 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 #'s 10318 - 10359 as presented. Anderson seconded the motion. All voted aye. Mayor Potter asked if anyone wished to address the Council 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 City 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 Facility 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 City 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 titled 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 Sanitary Sewer Project and to adopt RESOLUTION #1996-50 titled 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 titled 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 of 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 with a public entity, 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 I.S.D.#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 Evaluation and Planning Survey of the wastewater treatment facility with the Council. The survey must be submitted to the Minnesota PCA after the Council has completed 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. City Attorney Couri 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 comfortable with the Council approving the formulas used in the draft agreement with the actual amounts to be calculated based on the 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, explained to the Council that Kenco has requested permission from Wright County to improve County Ditch #9 by cleaning and adding detention/water quality 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 delay payment of the Trunk Charges for Parkside 3rd Addition. He also explained that the seven year period included in the draft agreement was negotiable. The Council agreed to extend the time line for installation of silt 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 fees will be adjusted by deleting 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 title, he is uncomfortable with 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 COUNCIL 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 Vs 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 the 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 City. The City would benefit 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 Council. 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 Councilmembers Vetsch and Muyres to the committee to discuss creation of a master plan 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 Committee. 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 Potter 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 counter 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 12:25 AM. Michael Potter, Mayor Linda Houghton, Clerk -3 August 29, 1996 TO: City Council FROM: Linda SUBJ: Auditing Claims As is customary, I am still processing bills and want to get all of them in the bills list. You will find that this will be forwarded on Friday, August 30, 1996. �� ' Dole ' CITY OF AL BERTVILLE FINANCIAL STATEMENT August 1 - Augst 30, 1996 Beginning Cash Balance August 1, 1996 INCOME (August 1 - August 30) Beer Licenses 10.00 Building Permits 35,819.82 Dog License 10.00 Donation (Park Bench) 350.00 Loan Payment - Fraser 689.06 Park Dedication 2,605.00 Park Rent 200.00 Planning Fees 2,738.23 Piper Jaffray Settlement 4,938.55 Recylcing Incentive 1,300.00 SAC Fees 22,800.00 Sewer License 90.00 Sewer/Storm Water 2,711.53 Special Assessment 3,797.20 Title Search 70.00 Miscellaneous 227.09 TOTAL INCOME EXPENSES (August 1 - August 30) Check #10318-10359 (Approved 8/5/96) 121,118.76 Preapproved Checks 260,550.68 (List Attached) TOTAL EXPENSES 78,356.48 381,669.44 $498,459.70 Ending Cash Balance August 30, 1996 $195,146.74 INVESTMENTS: CD #9226 - Alb. Development Corp. matures 9/5/96 CD #10412 - matures 12/27/96 CD #10190 - matures 3/1/97 @ 5.4% CD #10203 - matures 3/29/97 @ 5.4% Dain Bosworth Investments (7/30/96) TOTAL INVESTMENTS Money Markey Savings Acct. (7/31/96) 7,156.03 14,310.65 121,443.91 404,451.33 1,269,114.64 $1,816,476.64 $340,184.46 CITY OF ALBERTVILLE BILLS TO BE PAID September 3, 1996 Check No. Vendor Reason Amount 10380 AirTouch Cellular Fire Dept. Phone 16.18 10381 Berkley Adminsitrators Deductible/Birkeland 250.00 10382 Business Records Corp. Voter Tabulation 5,595.65 10383 CarQuest Supplies 41.42 10384 Central Rivers Coop Weed Spray 667.50 10385 Century 21 - Christian Soil Borings/ 2,200.00 Commission 10386 10387 10388 10389 10390 10391 10392 10393 10394 10395 10396 10397 10398 10399 10400 10401 10402 DJ's Total Home Care Don's Auto Service Eull's Manfacturing Firstar Bank Franklin Outdoor Sign Gruys Border Carlson Hackenmueller's Highland Bank Home Security Abstract Kennedy & Graven Lake Region Cooperative Larson Publications Lyle H. Nagell Co. Meiny's Diggers Minnegasco MN Dept. of Revenue Newman Traffic Signs Supplies 130.32 Fire Dept. Gas 28.75 Cement 223.66 Fiscal Agent Fees 264.70 Angle Iron/Plywood 235.00 Fire Relief Schedules 322.55 Supplies 88.34 Federal Taxes 2,545.23 Clsoing Costs 233.00 TIF Legal Service 513.25 Tires -Ford Laoder 999.93 Legal Notices 529.84 Appraisals 9,000.00 50th Street 2,000.00 Service 45.07 State Taxes 424.11 Park Signs 83.97 10403 NAC, Inc. Planning Services 5,749.11 10404 Pat's 66 Gas 146.31 10405 Radzwill & Couri Legal Service 7,010.00 10406 Rogers Landscaping Benches/Planters 3,180.30 10407 Schmitz & Ophaug Special Counsel 831.25 10408 Schulte's Greenhouse City Hall Flowers 63.63 10409 SEH, Inc. Engineering 4,169.52 10410 Southam Business Corp. Ad for Bids 199.80 10411 Sprint Telephone Service 415.74 10412 Weber Oil Company Diesel 47.87 TOTAL BILLS $ 48,607.00 CITY OF ALBERTVILLE PREAUTHORIZED CHECKS ISSUED August 1 - August 31, 1996 Check No. Vendor Reason Amount Payroll 8/7/96 P1644 Gary P1645 Linda P1646 Ken P1647 Allen Ruther 10360 Econ.Dev. Partnership 10361 Highland Bank 10362 MN Dept. of Revenue 10363 PERA 10364 USCM Midwest Payroll 8/21/96 P1648 Gary P1649 Linda P1650 Ken P1651 Merlyn Brandt P1652 Allen Ruther 10365 Affordable Sanitation 10366 American Bank 10367 Delta Dental 10368 1st Nat'l Bank of Elk River 10369 First Trust 10370 Medica 10371 Monticello Animal Control 10372 Monticello, City of 10373 NSP 997.01 826.40 897.02 Part -Time Help 336.85 Dues 500.00 Federal Taxes 2,292.82 State Taxes 396.24 7/20 - 8/2 343.73 Payroll Deduction 92.00 997.01 826.40 897.02 Part -Time Help 354.94 Part -Time Help 445.29 Parks 333.80 1988 GO Ref 25,492.50 Group Insurance 102.15 Redeem 1991A 204,286.50 1993C REf Bond 3,416.25 Group Insurance 829.25 July 68.00 Animal Control 270.00 Service 389.72 10374 PERA 8/3 - 8/16 343.73 10375 PSG September 7,519.16 10376 Steve's Lawn & Snow July Mowing 345.00 10377 USCM Midwest Payroll Deduction 92.00 10378 Wr. Co. Sheriff's Dept. July 5,018.75 10379 Wright Recycling July 931.50 August Council & Commissions P1653 Sharon Anderson 253.93 P1654 Duane Berning 124.67 P1655 LeRoy Berning 18.47 P1656 Jim Brown 18.47 P1657 Rod Fraser 18.47 P1658 Howrd Larson 18.47 P1659 Curt Muyres 124.67 P1660 Mike Potter 189.32 P1661 Pete Scherer 18.47 P1662 Donatus Vetsch 18.47 P1663 John Vetsch 106.20 TOTAL $260,550.68 CITY OF ALBMTVILLE FOLLOW—UP a FT As of August 5, 1996 DATE ACTION TO BE TAKEN PERSON 7/95 Personnel - Ordinance/Policies AdmrV Ongoing COLMil 7/95 Cohen Development - Industrial P&Z/ On Hold Staff 01/96 Fire Relief Retirement Fund Mayor/ In Process FD/Clk 01/96 SAC Fee - Cash Flow Eng./ Ongoing Trunk Access Fees 0MAdl 04/96 JMJ Properties (Commercial) Staff In Process 04/96 Comprehensive Park & Trail Plan P&Z/ In Process cxxr it 05/96 WWTF Planning In Process Eng. 05/96 Sidewalk Repairs Oxxril In Process EN Gtm. 05/96 Drainage - Culvert Lowering under RR Tracks Eng/ In Process FWCam. 06/96 Albertville Primary Drainage & Park Project Staff/ In Process ISD885 06/96 Sign Ordinance - Institutional Signs P&Z/ In Process Planer 07/96 Westwind Park Improvement Project CaKicil In Process 8/96 CSAH 19/37 Intersection Realignment Project Staff/ On Hold ct xxzil 08/96 Barthel Industrial Lot (1.54 acres) EDA 08/96 N. Frontage Road Sanitary Sewer Project OAXxil In Process Eng 08/96 1997 Budget & Levy Ct��il In Process FinCtm 08/96 City Planning & Zoning Projects Filing System Atty/ In ProcessUpdate Clerk 08/96 Parkside 3rd Addition Eng. In Process 08/96 Consultants Coordinating on Council Packet Time Lines 08/96 C1eanUp Day September 21, 1996, 9:00 AM-1:00 PM ALb/StM In Process 08/96 Brittany Kay Estates Addition Cbucil Dev. Albertville Wastewater Treatment Facility Monthly Operations Report July 1996 Executive Summary Albertville met all of its NPDES permit requirements for the month of July. Flow averaged 0.161 million gallons per day. Effluent concentrations averaged 8 8 mg/I Total Suspended Solids; 2.3 mg/I Biochemical Oxygen Demand, 0.359 mg/l Total Phosphorous, and <10 Fecal Coliforrn per 100ml. Operations Effluent quality is very good, and operations have run smoothly in July, leading time for housekeeping and maintenance issues. Maintenance Corrective maintenance work included replacement of clarifier torque limit switches, repair of clarifier arm, replacement of bad relay board and intensity probe on U-V system, repair of Lift Station (61 st Street) pump, repair of Weather Station rain gauge. Thorough cleaning of U-V system, effluent channel, and clarifier was performed. A total of 29 preventative maintenance work orders were closed in July The influent flowmeter signal converter was apparently damaged during an electrical storm and has been removed and shipped to the manufacturer for repair or replacement. Safe Use of proper lock -out / tag -out procedures is being emphasized when repairing or inspecting electrical equipment. Regulatory Communications The Monthly Discharge Monitoring Report is attached. Client / Public Relations Bill Duprau from PSG's Technical Services in Canada was on site providing technical support for a few days early in July. The Project Manager from the Pine River Project also spent several days on site providing assistance to the Project. Mayor Potter toured the facility with PSG's Area Manager. Regular contact has been maintained between PSG and Gary Hale concerning plant operation and maintenance. Albertville / PSG Mutual Aid Albertville staff has been addressing most outside grounds maintenance, including dike weed killing. PSG staff assisted in finding economical tire disposal for stockpile, and aided in its removal. Financials Financial Report reflects all activity in the budget year. The financial data does not reflect July bills paid in August. The following summarizes the true variance Project Status Total (3,231) July bills not paid, not reflected (586) Commitment Accrual 2,000 Electricity Accrual 900 TRUE VARIANCE ($917) NEGATIVE Appendices NPDES Discharge Monitoring Report Loadings Client Status Report Monthly Operations At APPLICATION FOR NON -INTOXICATING MALT LIQUOR LICENSE The undersign, certifies that it cc mplies with the Minnesota Statutes, Section 340.001, Subdivision 7, in that it qualifies as a "Bona Fide Club" within that Section, and that this application makes petition for a limited license as a "Bona Fide Club" for a limited nen-intaxii%cating malt liquor licenssje..y�1. Name of Applicant: ///6Lrf A�-, — d&e.,-, �/, Name and Address cf President and Secretary of Applicant: n — D� 57- t�/�.- f�l-e. /�lr✓ /16 / l L/S"8 (,7,,t1( J� P;;rcose for which funds derived will be used: & G.7-,)•tS 4. Date G activities fir licarse -3 5. Premises from whic`` ^c:i��,toxicat�nq ra' t i icucr w 1 i be d i s p e n s e d on said date: o. HOUrs Cf OCerat;Cr OnCate _ ��rc= - --- - -- requested : `� /2 n-i %. Numter of previous 1-cer.sa ,.,,tared _..�s ca:encar year. Q. Name address tela hc. n r - t!^ C:,:C c- � , p -e 1:.:;,e anG �•G=- �Or `gel.. .vi person signing this acclicaticn: r % S� NCTE: License fee of s10.00 aer day is requireC toaccc/ this application. NOTE: Applicant must appear in person tefere the City Council for approval of limited 'License. DATED: Sigrat e of A lie nt(s) 08/19/91 5i PROFESSIONAL SERVICES GROUP, INC. 8/ 16/96 Budget Committee c/o Mr. Garrison Hale, City Administrator City of Albertville 5975 Main Avenue N.E. P.O. Box 9 Albertville, MN 55301 RE: PSG / Wastewater Treatment Facility Budget for FY '97 For the purposes of budgeting please use 3% on our present annual fee. This figures to $92,937. We Rill do a zero based budget as this year comes to a close, but this number should work for budgetitg putlwses. I see no unusual costs except possibly under our chemicals line item as we experiment with meeting phosphorus lun►ts nt wutter weather. however, this will likely not to influence the budget significantly. I would ask that we budget for a phosphorus study for the next year. This will be a one shot deal lasting all of next year. The cost of the study would be $1,238.96, and I will approach Council with the specifics soon. Atis study will be important in our efforts to meet phosphorus limits this winter as well as valuable in planning any treatinent Facility expansion and potentially would have impact on the City's pretreatment program. Thanks, have a great day! Very Truly Yours, Kelsie McGuire Area Manager - PSG JN-rY C � 2 m 10 to 1 404 0 7855 August 23, 1996 City of Albertville Mr Garrison Hale, Administrator 5975 Main Avenue Northeast Post Office Box 9 Albertville MN 55301 Mr Garrison Hale 0 DARLA M. GROSHENS 45 Wright County Auditor / Trea ?i Wright County Gouernment Center 10 2nd Street NW, Room 230 Buffalo, Minnesota 55313-1195 Phone: (612) 682-7578 FAX. (612) 682-6178 Enclosed is the agreement we need signed to handle the distribution of taxes for years 1995/96 and prior for the lands you have annexed under Municipal Board orders dated the 29th day of July, 1996. Sign and return to the Wright County Auditor's office. If you have any questions, please call Rodney R Bunting, Accounting Specialist at (612) 682 7583. Sincerely yours, Rodney R B ting Accounting Specialist Wright County Auditor/Treasurer's Office 10 2nd Street NW Room 230 Buffalo MN 55313 Equal Opportunity / Affirmative Action Employer --49reenzent The annexation of lands from Frankfort Township to the Cities of Albertville, Otsego, and St Michael and from the City of Otsego to the City of Albertville for taxes payable 1996/97 has left some questions unanswered for the balance of 1995/96 taxes and prior years. After discussion with the Township of Frankfort, City of St Michael, City of Otsego, and City of Albertville; the levy amounts for payable 1995/96 and prior will be sent to cities annexing the lands. The monies the Township of Frankfort should have received for payable 1995/96 and prior will be sent to the Cities of Albertville, Otsego, and St Michael according to where the land will be taxed at for 1996/97 with the exception of the Blacktopping fund which will be sent to the City of St Michael. The Blacktopping Fund contains Frankfort Township share of blacktopping roads and should go to the City of St Michael. This amounts to 6.3 % of the monies payable in 1995/96. The specials assessments in Frankfort Township are all in the area becoming the City of St Michael. The monies the City of Otsego should have received in the area the City of Albertville will be taxed at for 1996/97 will be sent to the City of Albertville for taxes 1995/96 and prior. Wright County will be informing the State of Minnesota what percent of the Tax Capacity each of the three Cities is annexing for payable 1996/97 so the State of Minnesota can divide the aid payments the Township of Frankfort would have received. These percents will be established when tax capacity is calculated before Truth in Taxation meetings. City of Albertville Garrison Hale, Administrator, date Please sign and date if this is in agreement with your city on how Wright County is to distribute 1996 and prior years tax dollars from Township of Frankfort and the City of Otsego. This involves only the land that is being annexed by Municipal Board orders dated the 29th day of July, 1996. OJNT Y O" WRIGHT COUNTY i Z DEPARTMENT OF HIGHWAYS (' M Wright County Public Works Building ib 67 1901 Highway 25 North �L 0 Buffalo, Minnesota 55313 7 7855 Jct. T.H. 25 and C.R. 138 Telephone (612)682-7383 Facsimile (612) 682-7313 TO: Landowners Adjacent to County Road No. 118 FROM: Wayne Fingalson, County Engineer DATE: August 27, 1996 fEA.FINGALSON,P.E Highway Engineer 682.7388 VIRGIL G. HAWKINS. P.E. Assistant Highway Engineer 682-7387 RICHARD E. MARQUE17E Right of Way Agent 682-7386 SUBJECT: Preliminary Survey Work for Future Improvement Work on County Road 118 County Road No. 118 between County State Aid Highway No. 75 in Monticello and County State Aid Highway No. 19 in Albertville is a 7.42 mile roadway that is currently on the County's Five Year Improvement plan. The planned improvements to County Road 118 would be in the regrading category which would include the following: - Subgrade soil corrections - Shoulder widening - Slight modifications to road elevations to improve sight distance - Slight modifications to existing alignment where appropriate - Modification to County State Aid Highway No. 37 intersection to improve intersection safety - New pavement surface (may include shoulders) To facilitate plan preparation for this project, it will first be necessary for our survey crews to complete various types of preliminary field work along this route. This field work will include some non-destructive survey work on your property to obtain measurements/locations of buildings, trees, utilities, etc. In addition, some elevation information may be required to determine drainage patterns, etc. We request your cooperation and assistance during this period of time which will be on separate occasions as the plans develop in the next year or so. Any information you wish to contribute to this information gathering phase of the project will be greatly appreciated. This may include such things as septic tank locations, drainage problems, roadway problems, snow problems, etc. As a result of this information gathering part of the project, the Wright County Highway Department will be preparing a concept plan which will be presented in an informational meeting or open house. This concept plan will address the major issues relating to safety and impacts to residents and environmentally sensitive areas. We will be notifying you again when we have established a date for this meeting. If you have questions or wish to discuss this information with someone from our department, please feel free to contact me, Virgil Hawkins or Dick Marquette from my staff. pc: Pat Sawatzke, County Commissioner Steve Meyer, Maintenance Superintendent John Simola, Public Works Director, City of Monticello Gary Hile, City Administrator, City of Albertville Equal Opportunity / Affirmative Action Employer �l August 20, 1996 Garrison Hale City Administrator City of Albertville P.O Box 9 Albertville, MN 55301 RE: Environmental Assessment Worksheet (EAW) for the Minnesota Factory Shoppe, City of Albertville Project Dear Mr. Hale: This letter acknowledges that we'have received the EAW for the above -named project. We would also .like to remind you that according to the Environmental Review Program rules (at Minnesota Rules, part 4410:1500, item B), your agency.is required to notify the public , that the EAW is available by submitting a press release to at least one newspaper of general circulation within the project's area and that you send copies of the EAW to all points on the EQB distribution list. We presume that these requirements have been met. Notice of the EAW availability will be published in the EQB Monitor on August 26, 1996. The 30-day-comment period will begin on that day and will expire on September 25, 1996. Pursuant to Minnesota Rules, part 4410.3100, subpart 1, no final governmental decision to grant a permit, approve the project, or begin the project may, be made -until a negative declaration or EIS adequacy .determination has been made.. Please contact me if any questions arise about the Environmental Review process. My phone number is (612) 296-8253. Sincerely, ,tec Gregg Downing r Environmental Review Coordinator c: Jim Morse, JMJ Properties, Inc. f1111111[N1II Illllfl IIIII, 151 MAX 111111, 11 FIII,1155155 112111-2111 FAX 112 t11-1111- 11Iff FI1111011 UNFINISHM BUSINESS lWaMKS :ter-•.., rl" .`i_) ^. / �i�;� _,,ifi=:1 70 :�i 411252624 CITY OF A t_ E i= 'T `1 I L E 4, 585. 60 PRINCIPAL 352.95 INTEREST 4, 938. 55 TOTAL ATTN LINDA HOUGHTON 5975 MAIN AVE NE PO BOX c? ALBERTVILLE; NN 55301 Please retain this payment voucher for your tax records Enclosed is the second payment of the settlement reached with Piper Jaffray in connection with the litigation involving the Piper Funds. Inc. Institutional Government Income Portfolio Litigation. We previously advised you that you would receive your second payment in December 1996 or January 1997. We are pleased that we are able to make the Payment several months earlier than anticipated ins- a P ead of receiving one p3.;ment in December 1996 or January !?9�, you are receiving this distribution and will one more tat r receive Otis year. The enclosed distribution represents Piper's payment of the first installment of a three year promissory note. The next distribution you will receive will represent Piper's payment of the Tax Note and should be paid in early October 1996. Tha remaining two installments on the promissory note are due in August 1107 and August 1998. We are continuing to pursue the claims asserted against MPMG Peat Marwick and will keep you advised of any significant developments in that case. It you havenq questions, please feel free to contact any of the lawyers listed ed below Richard Lockridg? `v'ernom J. Vander Weide Gregg Fishbrain r u Marianne E. Durkin Schatz Paquin Lockrid e 9 Head; Seifert ?: Vander Weide, Gr.indal =< t•i•aistein P. L. L. P a Prcr", essicnai Association 2220 Washing tan quar,� One r inaclal Plaza, Suite 2400 too Washington Avenue sguth' Minne 1,._0 South Sixth Street ap:7 4 .i r?Iv 534 Tel: � G . � r .-i � 'y -' 7 `i' lJ �.l �'i l n ^� 3 d p �, .. � S • MN55402 I e L. , •6 1 2) 339..- 1 60 i Our recommendation is to provide funds to cover spending and to provide funding for essential services remainder of 1996 by increasing the budgeted line items as City Attorney - $36,000 City Engineer - $10,000 City Planner - $16 000 Total $62,000 6e deficit for the follows: We also were directed to find funding sources for the voter tabulation machine ($5,500), a Comp Plan update ($2,000), and a Parks & Trails survey ($1,200). It is our recommendation to amend the 1996 budget by increasing the line item budget as follows: City Clerk, Elections - $5,500 P & Z. Planning Contract - $3 200 Total $8,700 Because of the amounts of cuts immediately necessary, we are Proposing to fund the Fire Relief deficit (approx. $24,000) by levying $3,000 per year in addition to the annual required municipal contribution. (In 1997, the required municipal contribution is $1,272. We have proposed to budget $4,272.) We are proposing the following cuts in the amount of $70,700 to the 1996 budget: DEPARTMENT ACCOUNT NAME AMOUNT Clerk Treasurer Temporary Employees $4,000 Overtime 11500 Repair/Mntn. - Equipment (Reserve) 1,736 C/O - Furniture (Reserve) 11000 Planning & Zoning Buildings/Plant General Supplies Training/Instruction Wages General Supplies 500 Natural Gas 1,000 Electricity 700 C/O - Buildings 2,300 C/O - Machines/Equipment 400 C/O - Machines/Equipment (Reserve) 500 PW - Streets Wages 6,000 Repair/Mtn - Unpaved Roads 5,000 Training/Instruction 300 C/O -Mower (Reserve) 6,000 Parks Wages 7,000 Equipment Rental 11000 C/O - Machines/Equipment 4,000 C/O - Non -Buildings (Reserve) 4,000 Working Capital Reserve 71,514 We also reviewed the 1997 budget as proposed by staff and made our recommendations. A copy of our proposed budget is enclosed. We are requesting that the full Council meet in a workshop session to go over the entire 1997 budget. In CITY OF ALBERTVILLE RESOLUTION #1996-53 ACCEPTING BIDS AND Ak1ARDING CONTRACT FOR THE 1996 NORTH FRONTAGE ROAD SANITARY SEWER PROJECT WHEREAS, the City Engineer has prepared final plans and specifications for the 1996 North Frontage Road Sanitary Sewer Project, and such plans and specifications have been presented to the City Council for approval. WHEREAS, said project has been duly approved and ordered, and bids for said project have been advertised for the period requires under state statute; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ALBERTVILLE as follows: 1. All bids for the 1996 North Frontage Road Sanitary Sewer Project were duly opened at City Hall on Wednesday, August 28, 1996; and 2. The bid of in the amount of $ for the construction of said improvement in accordance with the plans and specifications and advertisement for bids is the lowest responsible bid and shall be and hereby is accepted. 3. The Mayor and Clerk are hereby authorized and directed to enter into a contract with said bidder for the construction of said improvements for and on behalf of the City of Albertville. 4. The City Clerk is hereby authorized and directed to return forthwith to all bidders the deposits made with their bids, except the deposit of the successful bidder. PASSED BY THE CITY COUNCIL OF THE CITY OF ALBERTVILLE THIS 3RD DAY OF SEPTEMBER, 1996. Michael Potter, Mayor ATTEST: Linda Houghton, City Clerk Z 0� ���� E�W,47 7/D gb Y � SHEET OF SHEETS '0,74 �0 5 !�-, sB.S ,$B9 433 0199 &> 7 9�.go7 5a �9G 43o-�s 4Sz /Zo �e wt87 605 7s SUBJECT PROJECT DATE. JOB Y: BY: CHECKED BY DATE. :?J ❑ ST. PAUL. MN ❑ MINNEAPOLIS, MN ❑ ST. CLOUD, MN O CHIPPEWA FALLS, WI O MAD/SON, WI 0 LAKE COUNTY, IN 6f CITY OF ALBERTVILLE RESOLUTION #1996-54 RESOLUTION ADOPTING STANDARDS FOR INSSTALLATION OF UTILITIES, STREETS AND OT�IER MUNICIPAL IMPROVE292ITS WHEREAS, the Albertville City Council is desirous of adopting standards for use in the installation of utility, streets, and other improvements; and WHEREAS, the City Council is establishing standards as prepared by the City Engineer Short, Elliot & Hendrickson from St. Cloud, Minnesota, dated NOW, THEREFORE, BE IT RESOLVED that the City Council of Albertville, Wright County, Minnesota, does hereby establish standards for the installation of utilities, streets, and other municipal improvements and directs the incorporation of such standards into all municipal projects, subject to City Council modification by formal action. The City Engineer shall serve as the administrator of these standards and will report to the Council from time to time on adherence to said standards. PASSED BY THE CITY COUNCIL OF THE CITY OF ALBERTVILLE THIS 3RD DAY OF SEPTEMBER, 1996. Michael Potter, Mayor ATTEST: Linda Houghton, City Clerk CITY OF ALBERTVILLE COUNTY OF WRIGHT STATE OF MINNESOTA RESOLUTION AUTHORIZING APPROVAL OF APPRAISALS AND PAYMENT TO LANDOWNERS FOR TEMPORARY CONSTRUCTION AND PERMANENT ROADWAY EASEMENTS FOR IMPROVEMENTS TO CSAH 19 AND CSAH 37 WHEREAS, the City of Albertville proposes to improve CSAH 19 and CSAH 37; and WHEREAS, the improvement consists of reconstructing and realigning CSAH 19 and CSAH 37; and WHEREAS, certain temporary construction and permanent roadway easements are required to reconstruct said roads as set forth in detail on Wright County Highway plat numbers 30 and 34 on file at the Wright County Courthouse, which describe the temporary construction and permanent roadway easements stating the location and the descriptions of the needed property, and the affected property owners; and WHEREAS, the City has authority to acquire said easements by eminent domain pursuant to Minn. Stat. 117.011 and 117.042; and WHEREAS, the properties over which said temporary construction and permanent roadway easements are required are owned by the persons listed on Exhibit A. WHEREAS, the City has retained William R. Waytas, a certified appraiser, to procure appraisals for the affected properties. The appraisals are on file with the City. The results of said appraisals are listed on Exhibit A; and NOW THEREFORE BE IT RESOLVED, that the Albertville city council hereby approves the appraisals and authorizes the payment of the appraisal amounts shown on Exhibit A to the court or property owners as necessary for acquisition of said easements. Motion to adopt this Resolution made by Councilmember and seconded by Councilmember , this day of , 1996. IN FAVOR: OPPOSED: CITY OF ALBERTVILLE Michael Potter Mayor ATTEST Linda Houghton City Clerk EXHIBIT A PARCEL NAME TEMPORARY PERMANENT PARCEL 20 Center Oaks $600.00 $2,000.00 Partnership PARCEL 21 Kenco Construction, $3,800.00 $7,200.00 Inc. PARCEL 22 Beatrice I. Roden $600.00 $3,300.00 PARCEL 24 Clemens Marx $3,600.00 $11,750.00 PARCEL 25 Donald G. Barthel and $1,340.00 $12,110.00 Betty L. Barthel PARCEL 26 Donald G. Barthel and -0- $3,725.00 Betty L. Barthel PARCEL 34 Andrew H. Savitski $1,580.00 $8,890.00 and Pauline C. Savitski PARCEL 35 Pauline C. Savitski, as $4,330.00 $17,520.00 trustee of the Pauline C. Savitski Revocable Trust Agreement dated January 11, 1996 Andrew H. Savitski, as trustee of the Andrew H. Savitski Revocable Trust Agreement dated January 11, 1996 PARCEL 36 DJ's Heating and Air $1,390.00 $8,480.00 Conditioning, Inc. TOTAL: $17,240.00 $74,975.00 TEMPORARY EASEMENT TOTAL: $17,240.00 PERMANENT EASEMENT TOTAL: $74,975.00 GRAND TOTAL: $92,215.00 I z I D 'AlmV*3wjzFDlRR� 00-29-1'996 12:54Pr FROM Padzwi 1 1 & i--our i Law Off i TO 49732100 P.02 SETTLEMENT AGREEMENT 7^ �WHBREAS, the City of Albertville ("Albertville") has contacted to sell and David and Virginia Carlson (collectively "Carlsons") have contracted to purchase a parcel of land ( "Lot" ) in the City of Albertville legally described on the attached Exhibit A; a nld "EREAS, due to title problems with said property, Albertville and tie Carlsons desire to void the purchase agreement; I NOW, THEREFORE, the Carlsons and Albertville agree as follows: 1. ,That purchase agreement entered into by Albertville and the ,carlsons dated April 7, 1996 is hereby null and void. 2. Albertville shall reimburse the Carlsons in the amount of $827 !in costs related to the lot which the Carlsons have expended 1(representing Meyer Rohlin's bill in the amount of $275.00, ;Country Homes invoice in the amount of $472.00 and Nailbender ,Corp.'s invoice in the amount of $80). 3. The Carlsons hereby release Albertville from any liability for fits failure to deliver marketable title to said lot and for ;any damages which the Carlsons may have incurred which in any way relate to the attempted purchase of said lot. 4. Should Albertville obtain marketable title to said lot within ;six months of the date of this agreement, the Carlsons shall have the option to purchase said lot at the price contained in laid April 7, 1996 purchase agreement, provided that should the Carlsons exercise said option, the Carlsons shall reimburse the City ( in addition to the purchase price) for the ;cost of those services described in paragraph 2 above which remain applicable to said lot. The Carlsons shall have 30 days from the date of written notice of marketable title from jthe City in which to exercise this option. If Albertville Ooes not obtain marketable title (whether by court decision or ;by Albertville's choice) within six months of the date of this aagreement, the Carlsons shall have no option rights in said clot . 5. �n the event the Carlsons exercise the option described in paragraph 4 above, the Carlsons agree to dedicate to the City ;the southerly 60-feet of the property for road purposes. Said dedication shall occur at time of closing. i i i Dated': i i 08-29-1996 12:54PM FROM Radzwill & C-ouri Law Offi TO 49732100 P.03 E CITY OF ALBERTVILLE i Potter, Mayor t Linda' Houghton, Clerk I i CARLSONS David Carlson Virginia Carlson Oe-29-1996 12:55PM FROM Radzwill & Couri Law Offi TO 49732100 P.04 EXHIBIT A TO SETTLEMENT AGREEMENT That part of the Southwest Quarter of the Northeast Quarter of Section 1, Township 120, Range 24, Village of Albertville, described as follows: Beginning at the northeast corner of Lot 9, Block 2, Eull's Addition, according to the plat of record; thence easterly on the south line of 50 foot street, !extended distant 160 feet; thence north parallel to the east ;line of said Eull's Addition, 211 feet to the 1/16 line of ;said quarter; thence westerly along said 1/16 line, 160 feet; thence southerly parallel to said east line of said Eull's ;Addition, 211 feet to the point of beginning. EXCEPT the west :25 feet thereof as described in Book 221 of Deeds, pages 551- 552. R//. [-�feSd Minutcs of Proowdings df the Village Council of the cL- „-�c-�..e o,.� �r•4, -_ v �e�.�. �-- ,4 1 e�Cik. ��( �-o�-�-�✓ LCnL Gc�t ce.e— z4c mar 3 0 700 F,�:%L,Xll ANSM11 7AL ir -Illy o V 1 �s 1. ,Ole Now/1• II AV E• r L AN OE R _- � f. t•M t. s. Ya Ya � f• a•' • is ie f4.4 m Vk Q 0 • P103 43 s o ca a+ c�� 212 r CD �1 aim J� W + N a o _. • i = • A o w� N• ' a 0 j a o-4• • S7d - �� � QD �Y • �1�v v� � R� I . • Ce So i� !o ie 1. •6 CV 4i. f+ 7r to Te fr so fe Y• � Oo W d NO 35 )-4-- .� Aa �� .• T1 IVY 7o 44 io. �► r N t 0 P_LA I- »: IVO y W K Y � M V1 ,�s•. s � _ � w � � .�! M �, ITT r ..� / J r r f • i. �&A xw Q O { •i i CD v + .^ • r `- ass. • r " �/ t0 f i Q / • �yA GE�E N.E.M y / N N gj)0 roe. t .•t. ct •nT.tt .e+. eep• j C t o { M -ov .r . I.e CI N ]* M N LAKE SiT u � 1- • 1-T uCC T _ �-_t'u11-� AUG-2n-1996 14. 43 F. 01 5 E SOME SECURITY ABSTRACT Sc I IrITLE COMPANY Tu. Cltr -f AlborLvliie FVL \.V"LLUL.L .•1CCL21l� . Covering Property legally described attached. i 1 Legal Description to the property is: on the attached: Parcel A and Parcel B. The Legal description for the vacated alley are: I I That part of the vacat d I1 e a ey in said $u11 s Addition to the Townsite of Albertvilly lying north of said Lotsj6 and 7, east of the northerly extension of the west line of said Lot ¢ and west of the northerly extension of the west line of said EastI10.12 feet of Lot 7. I AND i That part of the vacated alley in said Cull's Addition to the _r *,1L_,.i_..1jj, 1,1_, --Lt. -f ;—la r_,_ 0 .,,I p,.r the northerly extension of the west ling of said East 10.12ufeet of Lot 7 and west of the northerly QxraVsion of the east line of said Lot S. I ------------------------------------------------------------- i Enclosed is copy of the half section ma#s regarding Eull's Addition, Wright County, Minnesota. After the council meeting please call Theresa at Home Security Abstract & Title Company Or John Rademacher to pick up the original Notice of Completion of Proceedingc of this vacated alley, so we can record at the County Recorders office. Theresa 241-9241 John Rademi chet Phone: Ll '614t i i n011ge Ave. N.W. River, MN 55330 2) 241.9241 c (612) 241-1944 An Agent of Aucagontie boom Comps qg 601 S. LaGrandc, Ave. Princeton, MN 55371 Local 389.9090 Metro 339-3737 Fax 339-2122 AUG-27-1996 14:44 P.02 I l ! i I I i F �L `� i 0 i M A W j 1-4 M+� y m44 ���w aa► gr��07 y a O^ W to 00 o .310 C i+ ri E a y ►areom 4. w4 w0gW a AC ;h w m -4 ,C rOC i m q row �: M.�a► � u 3 U ✓b O 0 c , , C, 0 � I V.4J.0 w r. +� C s� CwO ►L 4' ►M� ; 04J u4, ,r� �0 �CwC y� O'O► ���'Q) rR o o�� ' Q N ;' r, br O -A -� f.1 m w -4m0� Z c 4. r; rom 441 +C 4-4 C13 _4 .,I ,, w >1 o o u, :1 .J a .• i „.. C'. > > () L+ A " X . 7 $4 H as 4Jgo r+ WO0. 9 a1 � � v 8 ii m U 4J ix � CO O 4J a �� +, u 4J O ,C � o 4� w .� C O +' 4� r► .4 a cr u; r i Ow �Q OWN 4.4 O� ' a CO -.4 �+ 4) 4J 4J O O C 01 I cal W ts, s~ a tp m i,. c� K L. a �3[ bGa CAW atM 410 0w 1 aFarw u aHa,°a J '-_� 14S pa .•I EA 41'' m 'd �~ �' e � M i .", m �W ++ y 4-1CJ IV U d 4: LL C - C: Qj w�•� j �0§ O � 4 J a� O w,...l V i� t7 E'` O 41 41 W C* x E' � to � lu Ca 4 O .fit w tx 41 O a ..a�qi a a� J I • i T it i I i HUG- 10 9-19136 13: z I I'1! 612 595 9837 P.01/03 CITY OF ALBERTVILLE Applicants Name: Brittney Kay Estates, Dick Sybrant City Council Findings of Fact & Decision Request: The original preliminary plat of Brittney Kay Estates was approved by the Planning Commission on 9 January 1996 and by the City Council on 5 February 1996. Filing of the final plat was not submitted within the required one -hundred (100) days which allowed the preliminary plat to expire. The request for preliminary and final plat approval at this time is being sought concurrently. The plat has not changed; it still includes 38 lots (plus the one existing home previously owned by Heuring). The property was previously zoned R-3, but rezoned to R-1 as part of the action following Comprehensive Plan updates. City Council Meeting Date: 3 September 1996 Based on review of the application and evidence received, the Planning Commission now makes the following findings of fact and recommendation: 1) The legal description of the subject property is as follows: (see attached) 2) The Planning Reports dated 30 January 1996 and 31 July 1996, prepared by NAC, Inc. and the 29 July 1996 Memo prepared by SEH are incorporated herein. 3) On 13 August 1996 the Albertville Planning Commission conducted a meeting to consider the applicant's request. Upon review of the application and evidence received, the Planning Commission closed the meeting and recommended that the City Council approve the project. Decision: Based on the foregoing considerations and applicable ordinances, the applicant's request has been approved based on the most current plans and information received to date, subject to the following conditions: Revised plans are submitted which reflect the changes as discussed in the NAC reports and SEH memo. 2. All lots conform to the R-1 District standards including the changed front yard setback, building height, and lot coverage maximum. 3. Structures on Lots 1-4 and 6-8, Block 3 and Lots 2-4 of Block 4 are limited to twenty-five (25) percent of the lot area exclusive of wetlands which may affect the footprint size of homes and/or accessory buildings. AUG-29-1996 13: Cs HPC b12 595 983 r P. 02/03 4. The buyers of Lots 1-4 and 6-8, Block 3 and Lots 2-4 of Block 4 are made aware of the space limitations of these lots as it relates to the preservation of wetlands, usable yard area, and ability to construct decks, or sheds and the potential restrictions on building expansion/variances. 5. The developer (through and by Mr. Psyk, the landowner to the north) has agreed to establish an easement for access and utility purposes over the necessary property prior to the first phase of construction and the layout is included on plans. 6. The developer agrees to construct the required roadway (connection to CSAH 19 via 53rd Street) with the second or final phase of development or no later than four (4) years from the date of first phase final plat approval. The alignment and easement for this roadway must be included on plans. 7. The owner of proposed Lot 1, Block 1 (Mr_ Masloski) and his mortgage company are required to sign off on the plat because of the replatting of the lot within the subdivision which allows the proposed land swap. 8. The location and configuration of the proposed park (.38 acres) is acceptable to the City Council and is dedicated to the City for use as a tot lot and trail while the remaining cash contribution is satisfied based on the amount of $500 per lot. 9. The proposed trail easement is revised to be a separate parcel from the adjacent home sites so that the land may be dedicated to the City. The revised plans must reflect this change which shall also be considered in the calculation of park dedication costs. 10. The City shall install a fence where necessary within the park and trail areas to prevent the trespassing of users upon adjacent private property and define the property boundaries. The fence type and size is to be determ ined at the time of second phase final plat approval or at the time these areas are developed by the City. The park dedication monies shall be used to pay for the fence, which will be maintained by the City. 11. Following phase two implementation and based upon upcoming completion of the Park and Trail Plan, the City shall consider striping a trail on the east side of the paved portion of 51st Street NE to connect the designated trail areas at the north and south boundaries of the plat. 12. A revised landscaping plan is submitted which shows the reduction or elimination of Poplar trees by incorporation of varying species as identified in the NAC report. Evergreen trees are planted along CSAH 35 as verbally agreed by the developer and are also shown on revised plans. The City's minimum planting standards are followed. KA HUG-29-1996 13:59 NHC 612 595 9e37 P.03iO3 13. All grading, drainage, utility and erosion control plans are submitted as required and all issues are reviewed and are subject to the approval of the City Engineer_ Specifically, the drainage issue relating to the cleaning of the private ditch on the west side of CSAH 19 is resolved prior to final plat approval. The City shall consider the establishment of an easement over the ditch area to allow for continued maintenance and proper drainage of adjoining wetlands located within the plat and to the east of CSAH 19_ 14. A formal delineation of the wetland on the west side of CSAH 19 has not been done and should be pursued by the City Engineer to ensure proper alignment of 53rd Street in the future. 15. The developer installs sanitary sewer from its existing location on PsyWs property to all areas within the plat as necessary in the first phase of construction. 16. All items made conditions of approval must be included within the development contract. The document will be subject to the review and approval of the City Attorney. 17. A letter of credit should be required by the City to cover the costs of roadway and utility installation (including the full cost of future 53rd Street access) and landscaping. The amount and procedure for such shall be determined by the City Engineer and City Attorney. Adopted by the Albertville City Council this Attest: PC. City of Albertville By: Linda Houghton, City Clerk day of , 1996. Michael Potter, Mayor Dick Sybrant, Ken Gust, Gary Hale, Linda Houghton, Mike Couri, Pete Carlson, Kevin Mealhouse, Adjacent Property Owners 3 0 PLAMING & ZONING COMISSION August 13, 1996 Albertville City Hall 7:00 PH PRESENT: Chair LeRoy Berning, Commission Members Howard Larson, Donatus Vetsch, and Sharon Anderson, Zoning Administrator Garrison Hale, City Planners Licht and Stockman Chair Berning called the meeting of the Planning & Zoning Commission to order. Moved by Larson, supported by Vetsch, to adopt agenda as presented. All voted aye. Moved by Larson, supported by Anderson, to approve the minutes of July 9, 1996. All voted aye. Chair Berning opened the public hearing at 7:08 PM on Brittany Kay Estates. Planner Stockman presented the Brittany Kay Estates Preliminary/Final Plat. Basic changes were related to R-3 to R-1 zoning and lot sizes. Wetland lots had a concern related to buildable lot size. Need easement from Psyk and road alignment. Written agreement from landowners adjacent to plat fronting on CSAH 35 on Lot 1, Block 1. Commission members discussed specifics of the plat with a focus on buildable lot area. Wetlands maintenance came up. How to handle. Life of trees came up and the Commissioners though two years and include in a development contract. Joint Powers did not want a park by their facilities nor a fence. Parks are a monetary contribution. A fence could be an offset for the park. Property owner concerned about plowing walkway. Walkers due to local drifting would utilize themselves the route of least resistance. Doug Psyk questioned the ditch through Heuring property and need for future maintenance agreement. Commission discussed drainage and include concerns in point 12. Note the trees are included in city ordinance and developer's agreement. Moved by Larson, supported by Anderson, to close public hearing at 8:10 PM. Moved by Vetsch, supported by Larson, to recommend preliminary plat for Brittany Kay Estates including Findings of Fact and Decision. All voted aye. PLANNING & ZONING COMMISSION August 13, 1996 Page 2 of 4 Moved by Larson, supported by Vetsch, to recommend final plat for Brittany Kay Estates approval conditioned on Findings of Fact and Decision. All voted aye. Chair Berning convened the public hearings on 60th Street Rezoning and Interim Use. Planner Licht overviewed the 60th Street rezoning. Issue 1 Mortgage, Issue 2 Insurance Coverage and Conclusion. Licht overviewed the proposed B-4 General Business Zoning District. Planner Stockman distributed copies of the ordinance and a memo on 60th Street rezoning. The residents present were allowed time to read the information and an opportunity to speak. City Planner Licht suggested rezoning the twelve properties and designate as non -conforming. Chair Berning asked about vacant lots. Kasper called his insurance company and mortgage company with results not at full reimbursement when non -conforming status. Licht explained interim use permit would leave the door open for reasonable use of property. Kasper stated lending firm would not make a loan for purchase as commercial. Mrs. Nancy Varnerborgen tried to find a loan as a commercial zone and had problems. Her property was commercial. David Licht explained the interim use permit would allow the twelve properties to be zoned commercial and would be legally conforming. Question on Council attitude on rebuilding. Guarantee for Council approval on rebuild. David Licht stated there are no guarantees. Commissioner Vetsch asked about B-4 General Business District and Interim Use. Lee Kasper mentioned the home is your most important life investment. Chair Berning asked audience their thoughts on R-3 to B-4. Show of hands. All were in favor of residential. Harry Weber suggested commercial. David Licht further discussed the problem of rezoning from residential to business a small number of lots. Moved by Berning, supported by Anderson, to continue the public hearing on B-4, Rezone, and Conditional Use to September 10, 1996, at 7:00 PM. All voted aye. PLANNING & ZONING COMMISSION August 13, 1996 Page 3 of 4 Moved by Vetsch, supported by Larson, to continue R-3 moratorium to September 10, 1996, at 7:00 PM. All voted aye. Chair Berning opened discussion on the Sign Ordinance Amendment - Institutional/Motion Sign amendment. Planner Licht presented a draft ordinance with key points: pylon signs, special standards, size and reader boards with no motion. Mr. Licht stated the proposed sizes in the ordinance matches several other communities and uses acreage to determine sign size. Chair Berning discussed flashing signs. Keith Franklin of Franklin Outdoor Signs questioned limiting any type of flashing sign. School district representatives were present. Dave Licht suggested that the City should move carefully until a new sign ordinance is drafted. Commissioner Larson revisited what is permitted as a readerboard sign, number of lines and sizes. Superintendent DeMatteis requested a tabling of the sign ordinance for research on the part of the school district. Moved by Berning, supported by Anderson, to table action on the Sign Ordinance to September 10, 1996, at 7:00 PM. All voted aye. Moved by Berning, supported by Larson, to table action on the Comprehensive Park and Trail Plan to September 10, 1996, at 7:00 PM due to funding. All voted aye. Liz Stockman distributed a map incorporating the annexed lands. Chair Berning liked the map as it illustrated what was developing in the neighboring communities. Zoning Administrator Hale requested a discussion on amending the Comprehensive Plan and Zoning Map to ref 1 ect the annexed 1 ands. Moved by Anderson, supported by Vetsch, to recommend a Comp Plan Amendment and Zoning Map Amendment of $2,000 for the newly annexed lands. All voted aye. David Licht discussed Subdivision and Zoning Ordinance needs as it relates to being updated for 1996. The sign ordinance needs to be totally replaced. Moved by Larson, supported by Anderson, to recommend to the City Council a Planning Department Budget for 1997: Zoning PLANNING & ZONING COMMISSION August 13, 1996 Page 4 of 4 Ordinance/Comp Plan est. $8,500, Mapping $2,000, Subdivision $2,000 and Sign Ordinance $3,500. All voted aye. Chair Berning discussed Planning Futures. Focus R1-A 90 foot versus 100 foot front footage lots. Main concern was the map part of the plan went too fast. Mr. Licht requested more information from Planning & Zoning. Are more meetings required to revisit the comp plan? Commissioner Anderson recommended an orientation for new Planning Commissioners. Moved by Anderson, supported by Vetsch, to recommend new Planning & Zoning Commissioners receive orientation from the City Planning Consultant. All voted aye. Moved by Berning, supported by Anderson, to appoint Jim Brown and Howard Larson to serve on a temporary planning committee to meet with Kenco on a proposed golf course. All voted aye. Moved by Larson, supported by Berning, to adjourn at 10:20 PM. All voted aye. LeRoy Berning, Chair Garrison Hale, Zoning Adm. 08/27/1396 13:11 612-497-4908 J01HT PGWEPO 2 RG C ORDINANCE NO. AN ORDINANCE PROVIDING FOR THR IMPOSITION OF CHARGEa FOR THE U93 AND AVAILABILITY OP, END cONNECTION TO, WATER FACXLXTIES, VtMSTJAN'P TO NINM OOTA STATUTES, SECTION 444.075. wgDRnA5, Minnesota statutes, Section 444.075 authorizes a city to impose just and equitable uuargco rcr t z uzz and availability of, and connection to, among other things, water system facilities, to par fcr the ...._.c.r,�^� ; _r., reconstruct i nn . ranair. . enlargemont, improvement, maintenance, operation and useof such facilities; and WARRIM, the Minnesota gover=ontal units of Albertville, Frankfort. Hanover, and St. Michael have, pursuant to Minnesota Statutts, S471.59, entered into a Aein!- powers agreement to form and operate the Albertville!, Frankfort, Hanover and St. Michael .:sin:' powers water and se_war tsoard (nereinaftei ti-le "joint Powers ward"),, and WHERMAS, said Joint Powers Soard, on behalf of the above -named governmental units did undertake the construction project known as the 19,78 wateermaLn project and did impose just: tend equitable charges to properties not in "Green Acres" or agricultural preservation at the "me Cie nclp 4ai r a j: `w`av v.7v -a of said project; and WKSPAAs , the construc;t1 _•n, maif-?.cg...i:F a n .1 e;pp r a~ ion of said watermain as part of the water system facilities did cauase the Board to lncii7 c aa'ra, and the City v _ _._-...,W_ , together with the Joint Powers Board, and its tithe+, above -named individual m ;,.btrc ;i-,r uant to Mira- s4-mt. - 1444.075. in order to holy defray n; those costs incurred as a result of Lhe 15,12 Watera i .n Prnj egr, as listed above desires to impose just and equitable charges 1.o rice properties :c�r�aF�.-ii�� in "Green Acres" or agricultural pray- z va' i on but which have since basn removed from such programs. Noo Therefore, The city Council of the city of— _, does Ordain: Section 1. a. Imboaition__of Charges. The of may impose just and equitable charges for the use and availability of, and connection to, water system facilities (hereinafter "charges") to assist in the payment of costs for the construction and maintenance of the 1978 watermain facilities as inourred by the above - described Joint powers Board (hereinafter "Facilities work"). b. Calculation of Ghargeea. Having previously imposed charges for the 1979 watermain Project an eligible 0AW?DATAVT-MW1W4".Q 7$ I 08/27/1996 13:11 61 497-4908 JOINT POWERS V PAGE ' 03 C. properties, the .joint powers Board shall use the previously determined formula for the imposition of said Charges on those properties that have boon removed from "Green Acres" or agricultural preserve programs and are no longer exempt from, or ineligible for, the imposition of charges pursuant to Minn. Stat. 5444.075. Notice of Intant to Impose Charges. The shall set a specific date at which the proposed imposition will be discussed (hereinafter the "Imposition Meeting") and shall send notice of the date, time, place, and purpose of tna mdetit,4 trri those yeople or: w•h.La it is intended to impose such Charges. Anyone proposed to be ;.;barged pureuar;t to this Oruinalice uhall be pL--•mitt•►d 1:1,t present any information: t.ciey deem Q;pLi�;ablei, to the at the Imposition Meeting. The rtti� 051§ildty a, v :'�fCt;.•lra-ion It t`14t� -[ Vag } deems relevant to the impos it..ir.r, 0 ; Chzi:rq.a: alld A just the formula, or amend the list cS: thcm.;u ',.ropartlet 11pon which it is proposed to i:aPl:'V a Charges, in an3f Manner ,that rese ltz in a just and egL.ttai^le inpoaition of said Charges. erg d, Notigg of Igposition of Ch r DTI. Qnce the JD1n-_VbWU5 has reviewed and veijh.en any i.r.fvr"Pition it deems relevant it may eithe at t Smposiicion Me acing, or at any other mBetit?gr 4isstablish rr+ r, _ ggs to oa Imposed for the Favilit.3 o-tt Work in question, and a corresponding list of vropert. &,a" agair,at which said Charges are to be i posed. Upon the establishment of said Charges, the ��--,-� . staff shall send, by certifisd a Notices of Imposition of Charges to each propertj aww-nar on whom said Chargers are to be impoac*d . Q. ob j fiction Hes�i,ns bpori receipt of a iJr; i, 'a a imposition Charges, alp; rrri:ipsrty owner or ;sk:1'.3on upon whom said arges a to be impo ad may request a hearing before the 1 (hereinafter "Objection Hearing") . Any Objection Hearing must be requested, in writing, within ten days of mailing the Notice of Ymposition to the person to be charged. Failure to request a hearing within said ten days shall be deemed a waiver of that person's right to a hearing. upon receipt of a written request for an Objection Hearing, the Staff shall set a date for said Hearing and notify, in writing, the person requesting the Hearing. Any person upon whom Charges► are to be imposed may, at the Objection Hearing, present to the _ � �-�- Pow2�� fl,&Lf any information or evidence they believe will demonstrate the propos d C arges to be njust or inequitable. In the %event the `� cLdeterminss that said Ch es 8Oa�c are unjust or inequitable as presentsd, the 2 08/27/1996 13:11 612-497-4908 JOINT POWERS PAGE 04 _ shrill take whatever action is necessary to cause the final charges to be just and equitable in their imposition. f. Notice of Final Charges. In the event the ten days following mailing of Notice of imposition expires ithout a request for an Objection hearing, or once the ;r PovJ ed- has heard ano mails "s decision regarding all t Objection Hearings, the S staff shall send, by certified mail, a Notice of Final Charges to each perc;a n re--4.1'v#ac1 a of Tnar_•siti.on VE Charges, informing them of the ern vVbm&Kr2 Q�na.rd 's decision regarding the property in which they have an interest. g. Certification of Unpaid charges—tQ___County Audit. pursuant to K:.nrl. !;t+►t g.144 .0'J E , hereby authorizes the .:nb Pevyt Sxa Pf 4;4; �.ny x:r)?_td Cht►rcJes rip scd �r1C'�Y'.:N.rt: to ';hi,v Ret3*�1:,tt.iUra, to the County Auditor for c:)l.t.,_n:jtic)n au oth-6r zaea. r� Each Notice sent to a pexton or! whom thEl ihtends t0 impose Vharqes n%gall gain languagm informing them of the ,nk Pom4eC2 _ rif 's ability to certify un:7&J-.d Charges puronart: to thi ; Paragraph q. Section 2. eTh.iF; Ordinance shm-11 bw in full force and effeot after its adoption and publication in accordance with law. Attest: Clerk 3 Mayor , or Board President 08/27/1996 13:11 612-497-4908 JOINT POWERS GEV01 JOINT POWERS BOARD • Hanover, Frankfort, St. Michael and Albertyi& ' P.O. Boa 10 • 11100 - 50th Street N.E. • Albertville, MN 55301-0010 • Phone- 612-497-3611 - Fax: 612-497-49( August 27, 1996 Linda Houghton City of Albertville Dear Linda Houghton, The Board requests that your community review and consider approval of the attached 1978 Watermain Improvement assessment ordinance and review the attached annexation amendment and consider the following list of questions in regards to the annexation, 1. How are Frankfort Township's share of the assets distributed? 2. Does a community outside the original agreement receive a share of assets and/or placement on the Board when annexing a member community (Otsego)? 3. That happens to the large debt still owed when the watermains are not owned by the Board except for the 1978 Watermain Improvement project and the original amount contributed by the communities has been paid back? 4. What obligation does another community outside the original agreement have if part or all is annexed by a member community (Otsego, Hassan Township)? If you have any questions, please contact me weekdays between 8 am and 1 pm. Sincerely, JOINT POWERS BOARD Donna M. Ki ka Secretary Attachments (q P-,O) 08/27/1996 13:11 612-497-4908 JOINT POWERS PAGE 05 TO AGREEMENT DATED AUGUST 1, 1977, AND AMENDMENTS REGARDING RESTRUCTURING OF BOARD MEMBERSHIP AND PROCEDURE AND AMENDMENT OF BOARD NAME OCCASIONED BY THE ANNEXATION OF FRANXFURT TOWNSHIP. wKzREAS, pursuant to Minn. Stat. Section 471.59, the Cities of Alk -ter i 1e, lir�::� vR t� and it.. 'Yi.che-4J. - ::;j the 11 awueh ip of ? 1301eri entered into a Joil;•c loot~-aro da<:ecl -kugunt 1; 1177 (hereinafter „Joint Powers Agreement"), for the purpose of oreatinq a Joint Powers Board to operate crater and sanitary sewer utilities; and W-FE RAS,. the entity established kry oa.id Agreement is known as the Hanover, Frankfort; St. Michael and Albertville 'water and Sanitary sewer Board (hereinafter "Board"); ar.-& wPiER AS, since its inception, the Board has not operated or maintained sanitai-1, sewer- facilities; and WHEREAS, the township of Frankfort is scheduled to be annexed in its entirety by Wie cA.-ties c f St, Mj,Tr.z,el Fjid Albertvia.la, 3rd the annexation is achaduled to be completed by January 1, 1997; and WHEREAS, rranXfort. TownShip reMbCr S of the Board shall remain on the Board until January 1, 1997; and WHEREAS, the distribution of township property, duties and obligations will be addressed within the context of the annexation; and WHEREAS, the current governmental entitles comprising the board desire to amend the Toint powers Agreement and relevant a!%avr ATAVT410%%1xAWM-Aoa 08/27/1996 13:11 612-497-4908 JOINT POWERS PAGE 06 amendments thereto, to provide for the continuation of the Board after the annexation and dissolution of Frankfort Township, and to also change the name of the Board to reflect it's non-involvement with sanitary sewer facilities. NOW, THEREFORE, it is hereby mutually agreed by the Board that those sections of the Joint Powers Agreement set forth below are a:a.,tndee- tha, ate-0*n"i and m•-idir,c the double underlined language to rAad aB follows: 2 ) BeQinr�ina Jahuary 1. ?.P9?^` zFt-b.A Board shall be csppr se �' iKa7iB1 �� the �n����r L...�.,. ,,,,,,.,�M.. v shall e knovn as the nianover, cs M hael , and Albertville Water ••� _ Boaard. 3) The Board shall be composed of two (2) members from e4oh of the municipalities sod- �-n that ale parties to this Agreement. All members of the BoarC uhall im_- appointed by their rasps,;ti•.a gone --_zing �;�, a i�,alit ices. t i•��_b4,,,et. 'i'1• ay shall serve at the pleasure of the governing body for each of the municipalitie$ gel- te". The rC!i:pe!_t1Ve eznd-4,&,v t may appoint an alterr,zito •1oul:#sr t:.% the Board to fill a vacancy at any regular or special meeting. 4 ) The Board shall mvo, t moratbl.y 1,,r,'• ,� a s sn as __ stabs i she•-i +�Y. -'J1e Hr_,ar �' , eR•.�'nhF--f-3 �+��--e,: -� At r e- f f tst mestir,:!f of the gcard hold. each year, the Board shall select a chairman, treasurer and secretary to serve for that year. 5) A quorum shall Consist of a simti g iority of..the ,R} members. 6) The Board shall make all policy decisions relating to the water system, it's operation, maintenance and 4Ae location. ZP the event costs are not suffici� Tthe cost of maintaining the water a d system and the financing of any Improvement, shall be spread among the municipalities **A --town on a per capita equivalent basis sanitary --Ever) of the planning area served. The population from each municipalities shall be determined on an annual basis by the Board as of January 1st of each year. 08/27/1996 13:11 612-497-4908 JOINT POWERS PAGE 07 7) The Board shall establish an annual budget. The funds for the annual budget shall be provided to the Hoard by the respective municipalities ern— bown on a ;der nf.pita equivalent basis as set out in Paragraph 6 of this Agreement. Each respective municipality *nd--tewn shall approve the budget of the Board. Upon approval of the budget, payments for the funds for disbursement shall be made by, the municipalities $ted to" in a timely manner. tis far as practicable, tao Board shall adopt and fellow the budgetary praatic;vs au required by Minnesota statute for municipalities. 11) The Board shall submit to the demo-44) respective governmental bodies an annual account of all and disbursements. 12) That this Agreoi4ent may be terminated by tha unanimous consent of all €em&-44) parties to this Agreement. The termination shall be six (6) months from the date of approval of all of the parties. 13) Should the Board acquire property, real or personal, an a result of this joint exerai$e of power, said property shall be retlirnpd in proportion of the contributic;ns o: the r—mnicipalitins ;�..l---4E!he dt the nation of .iris hgr_ eement . z. The underaigped, being all t::a nitumbers os the Board, .have duly adopted the foregoing. Dated: , 1996. APPROVEC S: CITY OF ALBERTVILLE By• - ztw Mayor B Its: clerk Dated: 1996. CITY OF HANOVER 13y s — it8: Mayor by, Its: Clark 08/27/1996 13:11 612-497-4908 JOINT POWERS PAGE 08 Dated: , 1996. Dated: 1996. CITY OF ST. MICSAEL By. Its: Mayor its: clerk TOWNSHIP OF FRANKFORT AxI Its: Chairman its: Clark TOTAL P.08 08/27/1996 13:11 612-497-4908 AM -14' 96 MEDI 10:26 OLSORMSET P.A. JOINT POWERS %L:611 W1 )Sj� PAGE 09 r-uVz OLSON9 USSET & WMGARDEN P,L.L.P. AVIOWSW AT 1.Aw soli! as aw FAM OZAM a" rAtlf{, A. v ZVMAUD • .a aar JM11i Iaow I. �+oir• Tn�asalw •,yr�.iswroir,. n.r`os NKNMCFGM of oM MA*AL August X4 . 1996 VX& i,Z 619-497-1873 AttDr SUe Vergia City of Mover 11260 sth Street N.B. HajW#x, ITT S5341 (91 u go, �Toimt powers Agreement Dear sue I reviewed the letter regesditag joint P�swera �reenaent which you forwarded on t a, 1996 along with tihe docuc>Mbaatatiest you •ukaitted with the letter. Aftax r%viawiag this &;w- entatian and doing aO� legal research, Y Coneiude that the City of 3t. Mi.chsel does not h*Ve a right to , four votea, but tut the Agreement remains SAeffect ffecttfor at the retalala Inn[ pa tiea>E . The joint powers �n provides bass tact' each ao�aanui has two 1pemberaR� and lbws each as Y +mtse. wino& there no Ioaggr ie :, gra�kforC Q it folic s that there remain three parties and thas a total of sac votes. Aside tz the tact that tkLe ement deeen't allow for it. the id*a tMt it is necessary for St. Mi4hael tt have faux votes YrOaokfort tc on asC^aa�i is nnOt Y*ri8uutei,�i�eg fore Vqralareliax asona.wzth the 1. Sveryc * has )movm► about this for aaaua time, &U* the affective date is not until September 1 1996. This should be �l.Psty of t Mw to gain the necessary famt`liaritY- u The at. 3licb l "Preventatives . vea re i absol,u elysnotbi.ut gasrs-r :ius�tes Frith anyme they Qhooae. Tlw3 preventing tb m frost co"r 41 irg, tc�c.it3 r+ Ff representattivss iu arriving at 0 3 . if. this is truly an ia�eu*, St _ Michae would beanlB fee is relithaltep radn With �S Ov* one of the � he form" �lY t I -AV- .a . Ky apjz:L n is censistent wttlb th4Z or teL - �ar the !� trim ici.nt i8t earsoi rd-bairdv rh �-nuaiti' A" ties, and a present canted 08/27/1996 13:11 612-497-4908 JOINT POWERS PAGE 10 AUG. -14' 96(11EU) 10;16 OLSON/033V P.A. ThV611 910 1519 r. uw Bus ` ergin August 14, 1996 Pegs Z tote, o± s3x VDCLZ g ire . Thes agrvwre:tt zhquld be &wAmdsd by the rsmalni� pi7ct3.ae eq that it deals with the situation an it t3o*r £Yee to get is touch with %* if you have WY furthersqus$time DxDtlm TnTAL P.02