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
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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
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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
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F. 01
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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
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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