1997-03-03 CC Agenda/PacketAGENDA
March 3, 1997
7:00 PM
7:00 1. CALL TO ORDER/ROLL CALL/ADOPT AGENDA
(Mayor/Clerk/Council)
7 : 05 2. MINUTES (Council)
a. Regular City Council Meeting - February 3, 1997
7 :10 3. AUDITING CLAIMS (,council)
7:15 4. CITIZEN FORUM - 10 Minute Limit
7 : 2 5 5. CONSENT AGENDA [*1 (council)
a. Financial Statement - February
b. Follow -Up Sheet as of February 3, 1997
C. Department Report - February
d. WWTF Operation Report (PSG)
e. Jones Intercable Franchise Fee 1996 ($5,278.18)
f. ISD #885 Thank you for sidewalk "Letter of Support"
(DeMatteis)
g . STMA Ice Hockey Arena Status Report (Jeff Gongel l )
h. Letter of Support for Ken Lindsay ref: Snow Plowing
(Joe Campbell)
i. Thank you note for Skating Rink (ISD #885)
j. CMIF Letter - Thank you letter for pledge
k. MNDOT Letter on Agreement SP 8680-126 I-94 - Receive
letter
1. PSG Letter on $500 Scholarships - Receive letter
M. Establish Special City Council Meeting for March 17,
1997, at 7:00 PM
n. Thank you note from Miss Albertville Andrea Scherber
7:35 6. UNFINISHED BUSINESS
a. CMIF Plaque "Investor" (Commissioner Rose)
b. Lot on Barthel Ind. Dr. - Offer $20,000 (Land For Sale)
C. Vetsch Custom Cabinets (Vets ch/Att orney)
d. Veterans Preference Hearing - Requested by Ken
Lindsay (City Attorney)
e. RESOLUTION #1997-14(RESOLUTION ORDERING IMPROVEMENT
AND ORDERING PLANS AND SPECIFICATIONS - NE SANITARY
SEWER & WATER MAIN EXTENSION PROJECT
1
f. RESOLUTION #1997-15 (RESOLUTION DIRECTING
PREPARATION OF PLANS AND SPECIFICATIONS - CSAH 37/17
INTERSECTION REALIGNMENT PROJECT (City Attorney)
g. Highway 19 & 37 Improvement - Particle Control
Easement (City Attorney)
h. All Metro Builders Illegal Zoning Violation (City
Attorney)
i. RESOLUTION #1997-16 (RESOLUTION AUTHORIZING PURCHASE
OF LANDS - CSAH 37/19 INTERSECTION REALIGNMENT
PROJECT)
j. Strategic Plans - Consider Option (Mayor)
s : 30 7. NEW BUSINESS
a.
Cottages of Albertville - Senior Housing - TIF
Housing District (City Attorney)
b.
STMA Youth Baseball Association - Field Usage
Schedule 1997 (Youth Baseball)
C.
STMA Men's Softball Association - Field Usage
(Frank Hardie, representative)
d.
Francis Beaudry Insurance - Request "Agent of
Record" (F. Beaudry)
e.
RESOLUTION #1997-11 (CLOSING CITY FUNDS FOR 1996)
(City Auditor)
f.
RESOLUTION #1997-12 (RESOLUTION ESTABLISHING
ATTENDANCE REQUIREMENTS AND APPOINTING ALTERNATES
FOR ADVISORY BOARDS, COMMISSIONERS AND COMMITTEES
ESTABLISHED BY THE CITY COUNCIL (City Administrator)
g.
RESOLUTION #1997-13 (ESTABLISHING A POLICY FOR
EMPLOYEE/VOLUNTEER RECOGNITION AND SERVICE
AWARDS) (Council Member Berning)
h.
Establish Joint Services & Transportation Committee
to meet with the City of Otsego (City Administrator)
9 :15 8. COUNCIL REPORTS (council)
- JPWB (Vetsch)
- PW Committee (Vetsch/Olsen)
- Finance Committee (Berning/Muyres)
- Snowmobile Ordinance (Stalberger)
- City Council Vacancies "How to Handle" (Hale)
9 : 30 9. ADJOURNMENT (council)
UPCOKING IETINGS/ IMMRTANT DATES
March
11
Regular Planning & Zoning Meeting
7:00 Bd
March
17
Special Council Meeting
7:00 Bd
March
24
Joint Powers Board
7:00 EK
March
25
Special Planning & Zoning Meeting
7:00 B4
(if required)
March
26
Staff Meeting
9:00 PM
March
xx
Personnel/Finance/Public Works Committees
U*MM
March
xx
Joint Powers Board - STMA Hockey Arena
April
7
Regular City Council Meeting
7:00 B4
April
8
Regular Planning & Zoning Meeting
7:00EI4
April
10
1997 Local Board of Review
7:00 B4
April
21
Special Council Meeting
7:00 IM
April
22
Joint Powers Board
7:00 IM
April
22
Special Planning & Zoning Meeting
7:001M
(if required) '
April
xx
Personnel/Finance/Public Works Committee
ulman
April
xx
Joint Powers Board - STMA Hockey Ice Arena
May 5
Regular City Council Meeting
7:00 IM
May 13
Regular Planning & Zoning Meeting
7:00 Bpi
3
V Y
M E M a R A N D U M
DATE: February 1, 1997
TO: City Council
FROM: City Staff
STMJ : March 3rd Agenda - Overview
CONSENT ITEMS:
(m) Special Council meeting required for March 17th. Items
for consideration will likely include: (1) TIF related o Cottages
" 37/19
of Albertville "for rentand "for sale", ct, (3) Hockey Arena, (4) Snow
Intersection Realignment Proje
Plowing Policy, (5) Public Works - Summer Requirements, (6) Other.
UNFINISHED BUSINESS: (a) CMIF Plaque - Second opportunity for Commissioner Rose to
present a plaque from Central Minnesota Initiative Fund.
(b) Lot on Barthel Industrial Drive - Offer $20,000. You
will find an offer from Eull Concrete which is his second offer.
The first offer was for $22,900. At the time of this writing you
may have another offer that may include tax increment finincludedancing or
Vetsch Custom Cabinets at $8,000. For you reference,
section from the League of Minnesota Handbook
and ookre able li buy or sell
ng with real
property. As you will see in reading, Y
ou uired Council consideration and discussion is in
land as req
order.
Administrator's Recommendation: Consider sale of the lot to the
party that will benefit the City' as
long range needs the most.
Also, be aware that Eull Concrete has been visited by the State of
te of
Minnesota DNR for allegedwetlands
lQuestion--Do ations and the
you want to
Minnesota PCA for air quality
problems.
expand the present situation?
differen differencesoffer
need to be discussedaltor
fee of 10%. Purchase price
(c) Vetsch Custom Cabinet
purchase of the lot located on
with a TIF project. Please see
Administrator's Recommendation:
to' sit
- to consider a possible land
Barthel Industrial Drive coupled
City Attorney memo.
Council discussion as to the "how
(d) Veteran's Preference Hearing - Please read City Attorney
Couri's memo and consider his recommendations.
Administrator's Recommendation: Follow the City Attorney's advice.
L�
�� V7 (e) Resolution #1997-14 starts the process of the NE Sanitary lTc�
Sewer at r "� Vrujck Line ; xtensior- G`l / t
P/ZU PW� �6 J tV �J I �EGJl� -I;g `i a &! T ICJ 40.
Administrator's Recommendation: Move ahead when property owners
execute a 100% petition agreeing to be assessed. Such an approach
insures that are committed to the project. Council would want to
adopt the resolution after receiving the petitions.
(f) Resolution #1997-15 starts the process for CSAH 37/19
Intersection Realignment Project. NOTE: The projects plans are
done. For the Chapter 429 process the city shall follow all steps
which includes performing the steps the County is taking on paper.
Administrator's Recommendation: This is a process step that needs
to be done. You need to adopt the resolution so we can assess the
properties affected.
(g) Highway 19 & 37 Improvement - Particle Control Easement
is confirming the acquisition of an easement that the property
owner has already approved.
Administrator's Recommendation: This is an additional easement not
originally planned. Minor but necessary to obtain the correct
curve of the roadway. We need to approve.
(h) All Metro Builders Illegal Zoning Violation is an ongoing
challenge. The Planning Commission has held hearings on rezoning
property for them and a review of their needs during the Comp Plan
Update considerations. Use of the second story of the building is
in violation of the City Ordinance when the use is other than
residential.
Administrator's Recommendation:
proceed civil or criminal. It is
violation.
Authorize the city attorney to
time to stop the Zoning Ordinance
(i) Resolution #1997-16 authorized the city attorney to
exercise options for land purchases on CSAH 37/19.
Administrator's Recommendation: Adopt the resolution to complete
this phase of the project as previously directed by the Council.
(j) Strategic Plans - Included with this packet you will
find a proposal from Wilcox & Associates to put on a "Strategic
Planning" Session. Idea is to reach a Mission Statement, Goals,
and Objectives for the City. It may well be to the City's
advantage to take a Saturday and lock up at an off -site locution.
Attendees could be the City Council, Planning & Zoning Commission,
city consultants and staff as deemed appropriate.
Administrator's Recominendatign: Let's do it. Thig is will
Things the
first global step for the city establiC pit 1 ng a Improvement Plan and
such as the Comp Plan, Parks & Trails,
the like are parts of the bigger picture.
NEW BUSINESS:
(a) Cottages of Albertville - A discussion on the project
ing
both for sale and for rent'�arts, belFurtherR we rbelieve inwe c
�ieve can
may be available for both p
restrict the projects to residents
other than we old
expect to have the
ready to comment on the project
parts ready for action at the March 17 meeting.
(b) STMA Youth Baseball
andAssociation
break on thenesting field feesllin
services to the 1996 season
exchange for labor.
Administrator's Recommendni tir lnreducede we hfeesoin exchange public ofor
employee, giving the org
field maintenance makes dollars and sense.
(c) Francis Bea r1999 insurancedry yearssireHet wibll °be
the agent of record for 1997
present to discuss.
Administrator's Recommendation: Listen to Mr. Beaudry. You could
table the matter to April if you desire to think about the
discussion. Present "Agent of Record" is Arlan Middleton
Associates of St. Michael.
(d) Resolution #1997-11 Closing City up from
Funds
ns was art of the
1996 Audit for the city. More closing/cleaning
ior
year.
Administrator's Recommendation: Adopt the resolution.
(e) Resolution #1997-12 Attendance Requirements - After
reading the resolution, you see that the idea is to have the
various boards/commissions/committee members attend or be removed.
This makes sense.
Administrator's Rcmmendhis°was a problemthe
twosyears olutioagbefore we
have a problem.Note:
(f) Resolution #1997-13 Policy on Awards - A council member
directed that awards/recognition be set up for two people. As I
thought about it, it seemed that there should be a policy to ensure
consistency/ continuity in how the city similaright pptoa Wright ch the scounty .
To handle this, I drafted a policy
Please consider this matter and look at an approach that is fair to
employees and volunteers.
Administrator's Recommendation: Adopt the resolution with any
changes you feel are required to ensure a fair, consistent policy.
(g) Joint Services & Transportation Committee - The City of
Otsego established such a committee at their February 24th regular
Council meeting. To open the door for new ideas and personalities.
Mark Berning and Virginia Bistodeau, new Council members, were
appointed. You may want to look at appointing two new Council
members.
BACKGROUND: Property owners from Otsego including the
triangle up to 85th Street. NE and beyond are considering their
options to include the future, which may affect utility services
and transportation.
PURPOSE: The Committee would consider how to handle utility
service and transportation requirements of areas in Otsego that
border on the City of Albertville.
Comments: Utility Services sewer and water. NOTE: Otsego cannot
receive water from the Joint. Powers Board. Transportation services
could include I-94 and CSAH; 19 Freeway Ramps, 70th Street, Kadler
Avenue NE as a start.
P.S. - A supplemental issue could well include boundary
modifications. This can be done by joint supporting resolutions
dealing with detachment/annexations on a concurrent basis.
Administrator's Recommendation: Establish a joint services and
transportation committee with two new Council members and explore
the matter in more detail to find out what opportunities may exist
for both cities.
COUNCIL REPORTS:
Please report on what: main items have been considered so that
everyone is kept current. night now there is a lot of: activity and
this is a way to keep everyone in the "loop".
- E N D - - - - -
As always, if you need more information regarding any item on
the agenda, please contact the office as soon as possible.
MINUTES
ALBERTVILLE CITY COUNCIL
February 3, 1997
Albertville City Hall 7:00 PM
PRESENT: Mayor Mark Olsen, Councilmembers Patricia
Stalberger, Duane Berning and John Vetsch, City Administrator
Garrison Hale, City Clerk Linda Houghton, City Engineer Peter
Carlson and City Attorney Mike Couri
Mayor Olsen called the regular meeting of the Albertville City
Council to order.
The agenda was amended by adding Item 6r (Schedule Board of
Review Hearing on April 10, 1997, at 7:00 PM) and Item 8i (Receive
letter from Ken Lindsay dated February 3, 1997, requesting a
Veteran's Preference Hearing regarding his reassignment from Public
Works Coordinator to Maintenance Worker II). Item 61 was deleted
from the agenda. Berning made a motion to approve the agenda as
amended. Stalberger seconded the motion. All voted aye.
Berning made a motion to approve the minutes of the 'January 6,
1997, regular City Council meeting and the January 22, 1997,
Special City Council. Stalberger seconded the motion. All voted
aye.
Berning made a motion to authorize payment of bills as
presented (Check #'s 10720 - 10741). Stalberger seconded the
motion. All voted aye.
No one in the audience requested to address the Council under
Community Forum.
Mayor Olsen opened the public hearing to consider the vacation
of that portion of Wright County Highway No. 37 shown as the shaded
portion of Wright County Right of Way Plat No. 30, on file with the
Wright County Recorder's Office. The shaded portion consists of
that portion of CSAH 37 which will be bypassed by the pending
realignment of CSAH 37.
City Attorney Couri explained that the vacation will be
effective upon the occurrence of both (1) the turn back of that
portion of CSAH 37 from Wright County to the City, and (2) the
completion of the pending realignment of CSAH 37 to the south and
intersecting CSAH 19 at 61st Street. The City of Albertville
reserves a perpetual easement for underground utility purposes over
the entire portion vacated. The City also reserves a perpetual
utility easement in favor of all private utility companies which
currently have utilities located on or under the vacated portion.
Mayor Olsen asked for public comment.
George Yankoupe of John -George, Inc, introduced himself to the
ALBERTVILLE CITY COUNCIL
February 3, 1997
Page 2 of 8
Council and asked for their approval of the John-Georcre, Inc.
petition for vacation.
There was no other comment from the public.
Berning made a motion to close the public hearing. Vetsch
seconded the motion. All voted aye.
Berning made a motion to accept the petition from John -George,
Inc. for the vacation of a portion of CSAH 37. Stalberger seconded
the motion. All voted aye.
Berning made a motion to adopt RESOLUTION #1997-8 detailing
the vacation of a portion of CSAH 37 to the property owner, John -
George, Inc. Stalberger seconded the motion. All voted aye.
Mayor Olsen opened the public hearing to consider the
Northeast Sanitary Sewer and Water Main Extension.
City Engineer Peter Carlson presented an overview of the
proposed project. The water main portion of the project extends a
12" main across I-94 with a 10" main extending through the
peninsula between Mud and School Lakes and a 12" main extending
west to CSAH 19. This creates a looped water system. The
estimated cost of the water main portion of the project is
$665,600. If the project proceeds as a City project, the lateral
benefits of the mains would be assessed to the abutting lots. If
the project proceeds as a private project, the oversizing costs of
the project would be reimbursed to the developer from the water
main TAC, (Truck Access Charge) fees. Approximately 290 acres would
benefit from the trunk line and the charge per acre would be
$1,250.
The sewer main portion of the project extends a gravity main
along the gravel portion of the road north of I-94 to a force main
and lift station. The estimated cost of the project is $440,000,
which would benefit approximately 228 acres. The saLnitary sewer
TAC fee per acres would be $1,300.
Engineer Carlson concluded that the costs of the project are
feasible. The project could be staged to coincide with plans for
development.
Mayor Olsen called for public comment. City Clerk Linda
Houghton presented a written objection to the proposed project and
assessment, dated February 3, 1997, from Arnold E;rgen and W. Cox of
Metropolitan Underground.
Rod D'AiSrle, one of the petitioners for the project, told the
Council that some property owners are concerned over how they will
ALBERTVILLE CITY COUNCIL
February 3, 1997
Page 3 of 8
have to pay for their assessed portion. However, D'Aigle
reiterated, their position is that they would want the project to
proceed.
Harold Swanson, who holds an option of the Balf`.any Development
land, also stated his desire to see the project proceed very soon.
Bernard and Marlene Vetsch explained that although they do not
object to the project, they have no plans to sell or develop their
property at this time. They indicated that the sale and/or
development of their property may occur in�5-10 years.
There were no other public comments.
Berning made a motion to close the public hearing. Stalberger
seconded the motion. All voted aye.
Berning made a motion to authorize the engineer to meet with
the landowners to determine the development plans aLnd needs for
their properties and to make a recommendation to the Council at the
March meeting.
Berning made a motion to approve the Financial Statement for
January, as corrected by the treasurer. Stalberger seconded the
motion. All voted aye.
Berning made a motion to approve the Follow-up Sheet from the
January 6, 1997, meeting as presented. Stalberger seconded the
motion. All voted aye.
Berning made a motion to approve the January Department Report
as presented. Stalberger seconded the motion. All voted aye.
Berning made a motion to adopt RESOLUTION #1997-6 (APPOINTMENT
OF 1AINTENANCE WORKERS I) as amended by removing the name of Ken
Lindsay', Jr. Stalberger seconded the motion. All voted aye.
Berning made a motion to approve the December 1996 WWTF
Operations Report as presented. Stalberger seconded the! motion.
All voted aye.
Berning made a motion to approve a reduction in Kenco's
Parkside 3rd Addition letter of credit from $511,124 to $177,600
and a reduction in the bond from $489,637 to $88,800. Stalberger
seconded the motion. All voted aye.
Berning made a motion to accept the resignation of LeRoy
Bernina from the Planning Commission effective February 3,, 1997.
Stalberger seconded the motion. All voted aye.
ALBERTVILLE CITY COUNCIL
February 3, 1997
Page 4 of 8
Berning made a motion to appoint Dan Robertus to the Planning
Commission filling the vacancy created by Berning's resignation
with the term expiring December 31, 1998. Stalberger seconded the
motion. All voted aye.
Berning made a motion to appoint Carolyn Bauer to the Planning
Commission to a four year term expiring December 31, 2000.
Stalberger seconded the motion. All voted aye.
Berning made a motion to approve the Addendum to Funding
Agreement No. 96-1 between Wright County and the City of
Albertville for the CSAH 19/37 Intersection Realignment Project.
Stalberger seconded the motion.
Berning made a motion to adopt RESOLUTION #1997-9 (SNOW
PLOWING ROUTE PLAN) as presented. Stalberger seconded the motion.
All voted aye.
Berning made a motion to receive the request from Francis
Beaudry Insurance to serve as agent of record for the City's_
insurance coverage for 1997-1999. Stalberger seconded the motion.
All voted aye. (NOTE: Berning suggested the Council consider the
local insurance agent at the next renewal.)
Berning made a motion to accept the Property/Casualty Dividend
from LMCIT. Stalberger seconded the motion. All voted aye.
Berning made a motion to accept the recommendation from the
City Attorney in his memo dated January 20, 1997, regarding the
Authority to Sign Contracts. Stalberger seconded the motion. All
voted aye.
Berning made a motion to accept the recommendation from the
'City Attorney in his memo dated January 22, 1997, regarding City
Personnel Data. Stalberger seconded the motion„ All. voted aye.
Berning made a motion to schedule the Local Board of Review
Hearing on Thursday, April 10, 1997, at 7:00 PM. Stalberger
seconded the motion. All voted aye.
Berning made a motion to aapprove a Non -Intoxicating Malt
Liquor License for the Albertville Jaycees at the St. Albert's
Parish Center for March 15, 1997. Stalberges seconded the motion.
All voted aye.
The Public Works Committee explained that it is continuing to
work out solutions for the Public Works Department and will be
meeting again on February 13. Berning made a motion to table the
Public Works report until the March meeting. Stalberger seconded
the motion. All voted aye.
1 ALBERTVILLE CITY COUNCIL
February, 3, 1997
Page 5 of 8
The! Council considered revisions to Ordinance #1995-3 which
regulates how purchases are made for the City. Section 3 will be
amended to state that in emergency cases when expenditure exceed
$1,000 but not more than $5,000 requires written authorization by
the Finance Committee and will be ratified/confirmed at the next
regular Council meeting. Section 10 will be added repealing and
replacing the original ordinance.
Berning made a motion to adopt ORDINANCE 111997•-1 titled AN
ORDINANCE TO ESTABLISH A PURCHASING POLICY REGULA,T I NG THE MANNER IN
WHICH PURCHASES ON BEHALF OF THE CITY OF ALBERTVILL'E MAY BE MADE.
Stalberger seconded the motion. All voted aye.
The! Council discussed a snowmobile ordinance. City
Administrator Hale reported that the Wright County Sheriff's
Department has had only one complaint regarding snowmobiles from
city residents since the new year. Counci lmember Vetsc:h would like
to tables further discussion on an ordinance. 7:t is his opinion
that the "red tape", legal, publication and enforcement costs of
having an ordinance outweigh the benefits of they ordinance.
After further discussion, Councilmember Stalberger volunteered
to serve on a Snowmobile Ordinance Committee along with City Clerk
Houghton. and volunteer citizen representative LeRoy Berning.
City Engineer Peter Carlson discussed the request from
Commissioner Judie Rose regarding city participation in the costs
of a Feasibility Study for sludge removal. Carlson recommended the
City should be interested in participating provided that the costs
are pro -rated for participant rather than equally divided.
Berning made a motion to a send a letter to Commissioner Rose
stating that the City is interested in participating int he costs
of the Feasibility Study only if the costs are allocated on a pro
rata/percentage of use basis. Stalberger seconded the motion. All
voted aye.
Due to the inability of Commissioner Rose to attend this
meeting, Vetsch made a motion to carry the CMIF Investors Plaque
award forward to the March meeting. Berning seconded the motion.
All voted aye.
The Council reviewed the recommendation of the Planning
Commission to grant preliminary plat approval for the Summerfield
Addition. as presented in the Findings of Fact and Decision dated
January 15, 1997, as well as the recommendations of the city
planner and city engineer. As recommended a temporary turn -around
at the end of 61st Street will be shown on the ;final plat. City
Attorney Couri recommend that Item 9 stating than the approval is
contingent upon the developer entering into a Developer's Agreement
I ALBERTVILLE CITY COUNCIL
February 3, 1997
Page 6 of 8
with the City.
Berning made a motion granting preliminary plat approval for
Summerfield Addition, contingent upon the developer agreement with
all detail included in the Findings of Fact and Decision. Vetsch
seconded the motion. All voted aye.
The council discussed the recommendation from the Planning
Commission that a stop sign be placed at the intersection of 61st
Street and Kahl er Drive. The Council determined that: the request
is premature, since 61st Street in the Summerfielld Addition is not
constructed. Berning made a motion to table indefinitely the
request for a stop sign at 61st Street and KaLhler Drive.
Stalberger seconded the motion. All voted aye.
Councilmember Berning removed himself from the Council
chambers due to a conflict of interest in the Vetsch. Custom Cabinet
discussions.
City Engineer Peter Carlson explained that soil borings have
been completed on the City -owned industrial site on Barthel
Industrial Drive. The borings indicate that below the fill on the
site there is a layer of wet, soft silt that is still consolidating
due to the fill above it. This means that the entire fill area is
still settling. Carlson outlined several options the Vetsch's
could consider if they wish to pursue building on the site:
(1) Place 6'-10' additional fill over the top of the existing
fill.
(2) Install wick drains.
(3) Construct a deeper foundation.
(4) Recognize there will be a settling problem and deal with it as
it -occurs.
City Attorney Couri discussed the creation of a TIF District
for Vetsch Custom Cabinets. Should the City agree to a TIF
District, Approximately one-third of the total '.CIF amount will be
deducted from the city's Local Government Aid (LGA) payment. Those
funds would come either directly out of the General Fund or from an
additional city-wide levy. The law does allow the city to
contribute "in kind" to a TIF District ten percent (10%) of the
increment, which could be through the lowering the sale price of
the land, etc.
Councilmember Vetsch stated from the record that Dave and
Jeanne Vetsch, owners of Vetsch Custom Cabinet,:., are his brother
and sister-in-law. He further stated he has no direct financial
interest in Vetsch Custom Cabinets. The city attorney restated
that a conflict of interest only occurs when there is a financial
interest for the Councilmember. Councilmember Berning is an
employee of Vetsch Custom Cabinets and, therefore, may have a
ALBERTVILLE CITY COUNCIL
February 3, 1997
Page 7 of 8
financial interest. For that reason, he has removed 'himself from
the room.
Dave and Jeanne Vetsch have not made a decision on whether to
proceed at this time.
In the event the Vetsch's decide to proceed, Stalberger made
a motion to grant conditional approval to work on a TIF Ilan by
authorizing Kennedy & Graven to prepare TIF documents. Vetsch
seconded the motion. All voted aye.
City Attorney Couri explained that in the earlier condemnation
resolution adopted by the Council the L & D Trucking parcel and the
Peterson parcel were not included because negotiations were in
process with both landowners. At this time, a settlement has not
been negotiated. Since Wright County must have the right of ways
secured prior b) May 15, 1997, (scheduled start of construction),
Couri recommends that the Council approve Resolution #1997-11
authorizing the acquisition of the necessary right o' ways by 90
day quick take condemnation. City Engineer Carlson also
recommended the 90 day quick take.
Lee and Jim Peterson discussed their concerns with the Council
and asked that the Council not condemn their land, but rather, to
continue to negotiate. City Attorney Couri explained that
negotiations with the property owners would continue even during
the period before the property is condemned.
Vetsch made a motion to approve RESOLUTIO14 #19,97-11 titled
RESOLUTION AUTHORIZING PROCUREMENT OF LAND AND TEMPORARY
CONSTRUCTION EASEMENTS FOR IMPROVEMENTS -TO COUNTY HIGHWAYS 19 AND
37 BY EMINENT DOMAIN. Berning seconded the motion. :All voted aye.
Olsen made a motion to table discussion on the Strategic Plan
until March. Berning seconded the motion. All voted aye.
City Engineer Carlson recommended the Council deny the request
for approval of the utilities and first lift of blacktop in the
Parkside 3rd Addition at this time. Carlson has not done a final
walk-through and inspection at this time.
Berning made a mo+ion to deny Kenco's requeE-t foi ut_ 1 ties
and street acceptance at this time because a final inspection and
report have not been romp10 ed by the engineer. Vetsch seconded
the motion. All voted aye.
\ A letter from Ken Lindsay, dated February 3, 1997, requesting
J a Veteran's Preference Hearing on the change of job titles was
reviewed. City Attorney Couri advised the Council that they must
appoint one person to a three member panel to consider the
ALBERTVILLE CITY COUNCIL
February 3, 1997
Page 8 of 8
situation. Mr. Lindsay must alEc appoint one member to the panel.
The Council and Mr. Lindsay must agree on the third member of the
panel . Each party wil l present thei r cl ^e to the panel . The panel
wi 11 make a deci si on. The panel ' s deci si on can be appeal ed and the
proceedings then advance to t},e next level.
Stalberger made a motion to receive the letter requesting a
Veterans Preference Hearing and to schedule the appointm4ent of the
Council's panel member on the March Council meeting. Berning
seconded the motion. All voted aye.
Joint Powers Representative Mike Potter e:xplai.ned that
discussions are again centering on the ownership of: the water
lines. He asked that the Council authorize City Engineer Carlson
to contact St. Michael City Engineer Jeff Roos to discuss the
situation.
Berning made a motion to authorize Engineer Carlson 'to contact
the city engineer for St. Michael to discuss the water line
ownership question as requested. Stalberger seconded the motion.
All voted aye.
Stalberger made a motion to adjourn at 11:50 PIs. Olsen
seconded the motion. All voted aye.
Mark Olsen, Mayor
Linda Houghton -,.Clerk
AWITING CLAIMS
CITY OF ALBERTVILLE
PREAUTHORIZED
CHECKS ISSUED
February 4 -
Feburary 25
Check No.
Vendor
Reason _
Amount
Payroll
Ending 01/31/97
Ck. #1766-1771
3,530.35
10742
Albertville Fire Relief
2nd Half Contri;but:ion
4,500.00
10743
Diversified Inpection
Building Inspections
5,359.85
10744
Highland Bank
Federal Taxes
2,782.71
10745
MN Dept. of Revenue
Income Taxes
436.97
10746
PERA
1/18 - 1/31
376.14
10747
USCM Midwest
Payroll Deduction
92.00
Payroll
Ending 02/14/97
Cks #1797-1801
3,243.24
10748
Air Touch Cellular
F. D. Cell Phone
7.85
10749
First Trust
1993C Ref. Bond
18,416.25
10750
Firstar Trust Corp.
1989 GO Ref. Bond
4,752.50
10751
LaPlant Sanitation
Jan. Garbage
89.87
10752
Minnegaso
Natural Gas
924.15
10753
MN Dept. of Trade/Econ.
PFA Loan
49,965.26
10754
Monticello Animal Cont.
January 97
72.00
10755
City of Monticello
January 97
360.00
10756
NSP
Service
2,747.02
10757
PERA Life Insurance
Payroll Deduction
12.00
10758
PERA
Pay Period 2/1 - 2/14
357.60
10759
Pitney -Bowes
Postage Machine
195.64
10760
Sprint
Long Distance Calls
45.13
10761
United Telephone
Service
330.88
10762
USCM Midwest
Payroll Deduction
92.00
10763
Wr. Co. Treasurer
February Police
5,246.88
10764
10765
Wright Recycling
First Trust
January
Fiscal Agent Fees
TOTAL
1,028.50
296.75
$105,261.54
CITY OF ALBERTVILLE
BILLS TO BE PAID
March 3, 1997
Check No.
vendor
Reason
Amount
10766
Affordable Sanitation
Jaycee Donation 1,110.00
10767
Affordable Sanitation
February
58.58
10768
American Payment Center
Drop Off Box
432.39
10769
A T & T
Fax Long Distance
19.28
10770
Bergstrom's
Hydro Linkage
40.00
10771
Best Disposal Service
Jaycee Donation
414.53
10772
Bob Pederson Signs
Jaycee Sign
183.13
10773
CarQuest
Supplies/Parts
347.60
10774
Chouinard Office Products
Office Supplies
36.18
10775
Delta Dental
Group Insurance
112.65
10776
DJ's Total Home Care
Supplies
178.97
10777
Don's Auto
Fire Department
93.60
10778
Fehn Gravel & Excavating
Plowing/Hauling 2,447.50
10779
First Trust
Ficsal Agent Fees
647.00
10780
Firstar Trust Company
Fiscal Agent Fees
225.00
10781
Franklin Outdoor Advertising
Jaycees Sign
200.00
10782
Gov't Training Service
P&Z Classes
178.00
10783
Hoglund Bus Company
F . D . Repairs
105.19
10784
Kennedy & Graven
TIF #5 Bond
32.25
10785
Laerdal Medical Corp.
Batteries
292.00
10786
Larson Publications
January Legals
354.37
10787
LMC
Directory/Handbook
423.10
10788
Ken Lindsay
Mileage
6.26
10789
Medica
Group Insurance
930.79
10790
NAC, Inc.
Planning Service
3,597.02
10791
Pat's 66
467.90
10792
Precision Auto Repair
130.17
10793
PSG
March 1997
7,782.59
10794
Radzwill & Couri
Legal Services
7,912.48
10795
SEH, Inc.
Engineering
1,553.89
10796
Signs Plus
Engraving
408.90
10797
Smoke -Eater
F. D. Subscriptions
94.50
10798
Sprint/UTS
Telephone Service
345.60
10799
The Glass Hut
Window for Ford
143.53
10800
Unlimited Electric
Lights/Heater
442.58
10801
Welter's Inc.
Parts
324.84
10802
Wr. Co. Highway Dept.
Salt/Sand Mix
652.76
10803
Wr. Co. Journal -Press
Subscription
25.00
10804
Wr. Co. Mayors Assoc.
1997 Dues
150.00
10805
Wr. Co. Treasurer
Audit/Assessment
45.00
TOTAL $ 32.935.13
WAC
CITY OF AI,SI'VILLE
FINANCIAL STATEMENT
January 30 - February 25, 1997
Beginning Cash Balance
Janaury 30, 1997 $470,841.45
INCOME (January 30 - February
25)
Animal License
10.00
Beer License
10.00
Building Permits
10,502.01
Dog Impound Fees
37.00
Donation - Jaycees
2,500.00
Franchise Fees
5,278.18
Intereset - January
866.53
Investment Income
597.99
Loan Payment - Fraser
689.06
Park Rent
600.00
P & Z Fees
1,850.00
Recycling Incentive
1,175.25
Reimburse - F.S.
2,000.00
Sewer/Storm Water
3,292._73
Sign Permits
3,225.00
TIF Excess
63,703.76
Title Search
70.00
Wr. Co. Settlement
4,830.67
Miscellaneous
41.00
TOTAL INCOME
101,279.18
EXPENSES (Jan. 30 - Feb. 25)
Check Vs 10720-10741
(Approved 2/3/97) 22,424.76
Preapproved Checks 105,261.54
(List Attached)
TOTAL EXPENSES 127,686.30
Ending Cash Balance February 25, 1997 $444,434.33
CD #9226 - Alb. Development Corp. matures 3/4/97 7,296.86
CD #10190 - matures 3/1/97 @ 5.4% 121,443.91
CD #10203 - matures 3/29/97 @ 5.4% 404,451.33
CD #300116 - AFD - matures 6/27/97 @ 4.2% 24,113.92
Dain Bosworth Investments (12/31/96) 1,309,053.64
TOTAL INVESTMENTS $1, 866, 359.66
Money Markey Savings Acct. (12/31/96) $ 51,297.69
a
6
SL
CITY OF ALBERTVILLE
FOLLOW-UP SHEET
As of February 3, 1997
DATE ACTION TO BE TAKEN
PERSON
Staff
5/95 Renumbering ordinance
On Hold
7/95 Personnel - Ordinance/Policies
PITn/
On Hold
Cancil
04/96 JMJ Properties (Commercial)
Staff
In Process
04/96 Comprehensive Park & Trail Plan
P&Z/
In Process
C=r-il
05/96 WWTF Planning
Eng.
In Process
07/96 Primary School Park/Drainage Plan
Eng/
In Process
Admin
08/96 CSAH 19/37 Intersection Realignment Project
Staff/
In Process
Cancil ,
08/96 Barthel Industrial Lot (1.54 acres)
EDA
In Process
09/96 Hockey Arena
Pun/
In Process
Atty
09/96 Cedar Creek Golf Course (Center Oaks)
Kenco/
In Process
Comm.
09/96 Ditch Cleaning - City
Admin/
In Process
Eng.
12/96 Fire Station Parking Lot Drainage X/Eng
On Hold
01/97 Tax Increment Financing Research - Prior Projects Staff/
In Process St•p1w
CC
02/97 New Council Orientation Atnin/
In Process Staff
02/97 Senior Housing - Pilot land on CSAH 19 Staff
In Process
J
02/97 PW Maintenance Building - New or Used Staff/
In Process Coil
02/97 Vetsch Custom Cabinets (Commercial) Staff/
In Process EDA/
Canon
02/97 City Audit 1996 (February 18 thru 21) Clerk/
Auxitcr
M E M O R A N D U M
DATE: February 26, 1997
TO: City Council
FROM: Linda, Ken & Gary
SUBJ: City Department Report - February 3 to March 3
The following represents work assignments status/update:
City Clerk -Treasurer
- Financial Reporting Budget to Actual 1996 with reconciliation
to Bank Statement remains outstanding
- Audit 1996 preparation & on -site field work
- TIF Research for State Auditor
- TIF Reports - 1996
- Year End W-2's, 1099's and other reports
City Administrator/Zoning Officer
- JMJ Properties (Minneapolis Factory Shoppes) - Awaiting
submission of application for project. May be delayed due to
land availability
- Golf course Cedar Creek committee is meeting. Results of the
findings could impact Center Oaks and Cedar Creek - Available
- Summerfield Addition - developers are working with a plat.
- Lambert, Lander and Lamont Avenues (old Hamburg Townsite)
appear to be prime candidates for turn back since use is only
to the adjacent property owners. Reserve only utility
easements. Note: CSAH 19/37 Intersection Realignment Project
has similar approach in mind. Work is taking place now.
- Cohen Companies still have no action on balance of Roden
property. However, a different developer is looking and may
purchase property - Still pending. Option expires November
1997.
- Comprehensive Parks and Trail Plan is progressing. June
finish date
- Personnel Policies need to be completed
- Ordinance renumbering needs to be completed.
- Ditch cleaning - various locations in process. Awaiting DNR
permit. Schedule - Spring 1997
- CSAH 37/19 Intersection Realignment Project Plans for May 15
start
- Developers - Lots of visits and calls
- PW building
Public Works & Parks
Park benches - Working on engraving.
Plan 1997 year
PW - equipment storage, staffing and insourcing vs.
outsourcing
City Attorney
- CSAH 19/37 Intersection Realignment
a) Appraisals approval and implementation
b) Easements - 4th Quarter 1996 - 1st half 1997
- Peterson lot title
- Water tower lot title
- EDA/Fire Hall lot title
- Ice arena
a) Joint Powers Agreement
b) Funding Agreement
c) Operating Agreement
d) Other
Senior Housing TIF Agreement
Ice Arena - Joint Powers Agreement
City Engineer
- Ice Arena - Utilities, drainage, etc.
- CSAH 37/19 Intersection Realignment Project
- Gilmer Industrial Park Feasibility Study
- NE Sanitary Sewer and Water Main Project - Property owners
meeting
City Planner
- Comprehensive Parks and Trails Plan -
survey/prepare/hearing/implementation
- Developer Projects
Gilmer Industrial, Cedar Creek, Center Oaks, & Senior
Housing
- Ice arena planning/site review/legal
- Antennas - Performance Standards - Mapping completed
City Council
- CSAH 19/37 Project - all aspects
- Golf Course Committee - residential/golf course
- Strategic Planning - 5 years
- New Council Member Orientation
- Public Works Committee - Planning for facilities, equipment,
staffing, etc.
Personnel Committee - Finish Personnel Policies
of
• • . r • nr �r. •n r s
ALBERTVILLE WASTEWATER
TREATMENT FACILITY
January 1997
MONTHLY OPERATIONS REPORT
Submitted b .
i�
Kelly Browning
Date: February 18, 19971Professional Services Group
3320 Lander Avenue, NE
St. Michael, Minnesota 55376
(612) 497.8309 Fax: (612) 497-8312
ALBERTVILLE WASTEWATER TREATMENT FACILITY
_Monthly Operations Report
January 1997
Executive Summa
Albertville met all of its NPDES permit requirements for the month of January. Average
Biochemical Oxygen Demand of the effluent was 2.1 mg/I and the average Total Suspended
Solids concentration was 14.4 mg/I. Total Phosphorous averaged 0.92 mg/I. Flows averaged
0.179 million gallons per day in January.
The Phosphorous Study has continued. Some useful data has been collected and will continue
to be collected until performance returns to normal this Spring. The data is being evaluated and
when some final conclusions are met, a detailed report will follow.
Operations
Polymer was utilized in January, in addition to the alum. Settleability only increased slightly,
enough to keep total phosphorous levels within limits. Ferric Chloride then replaced alum use
as settleability began to deteriorate further. Significant improvement was observed almost
immediately, and we are awaiting some preliminary test results as this report is in progress.
There was an indication of a phosphorous release from Pond #3 early in February, after the
Dissolved Oxygen levels had remained low for several weeks. Additional testing and evaluation
of all of the results is in progress. More data will be available for next month's report.
Temperatures remained low throughout the treatment processes.
The UV System is being prepared for use starting March 1, 1997, as Fecal Coliform limits must
resume.
A power outage was experienced on January 5, with no negative impact.
Maintenance
Regular preventative maintenance continues on aerators, sludge pump, hoist, clarifier,
generator, and others.
An hour meter was replaced at the 61 st Street Lift Station.
The polymer mixer was hard wired and is being used to mix polymer drums.
The Polybiend unit was thoroughly cleaned, the diaphragm replaced in the mixing pump, and all
lines flushed. The unit was then put into service.
The influent sample line was unclogged.
The clarifier weirs and troughs were cleaned.
One of the main influent lift station pumps was pulled with bad seals. The bearing and seal
were replaced and new O-rings installed. The stator housing was professionally cleaned and
the windings dipped.
Ice was removed from pond effluent weirs.
Safi:
Hazard Communications (HAZCOM) training was performed in January by Regional
Safety Manager, Sherry Tompkins. SCBA training was postponed until a later date when the
SCBA supplier representatives are available to provide the training.
Reaulatory Communications
NPDES Discharge Monitoring Report
Client / Public Relations
Regular communications have been maintained between PSG and Gary Hale concerning plant
operations and maintenance.
Cooperative Eftorts
PSG assisted Ken with repairing the entrance gate.
PSG and Ken returned the Christmas decorations to basement storage.
Ken sanded hill to provide traction for alum truck to deliver.
Financials
Financial report reflects all activity in the budget year. The financial data does not reflect
January bills paid in February. A 1996 project closing financial report will be issued after receipt
of all bills covering 1996 expenses.
Appendices
NPDES Discharge Monitoring Report
DMR Addendum's
Loadings Summary
Client Status Report
Phosphorous Study Update
ALBERTVILLE VWVTF LOADINGS
Convect V*m B Triggers:
Ave-
0.1690 MOD
Ave-
3078
Ave-
1070
HpM
0.1896 MGD
Hgh.
3690
Hjh-
224 #
Law-
0.1264 MGD
Low-
2440
Low-
160 0
Design:
0.3160 MOD
386 i
3800
FLOW
12 mo
% of
TSS
12 mo
% of
CBOD
12 mo
% of
t►N►tt •
rttr►N►►w►N►ta►ttN
MOD
tt►.tttf►a
Avg.
a N►N a
Design
attt►►►ttN aat•a aN tt►1 t►w1►►►NN
n*
tNNN
Lbs. Avg.
NN►N►N aat •►f a t1N
Design
taaatt►a a aNa►►a t tHt►t►►t►►1►t
mgA Lbs. Avg. Design
Y►1►ttaN►►N►t N►N►N►N►►aaN N►t►.
1996
Jon
0.161
364
483
240
302
Feb
0.143
296
339
164
219
Mr
0.184
299
394
191
201
Apr
0.177
99
146
92
138
MY
0.172
274
392
148
212
Jun
0.163
232
315
133
181
Jul
0.152
222
291
154
196
Aug
0.174
298
418
136
197
Sep
0.185
234
322
100
138
Oct
0.151
294
395
122
164
Nov
0.163
78
106
88
92
Doe
0.168
406
627
234
304
1998
Jan
0.161
0.16"
51.61 %
250
336
331
89.93%
175
235
195
62.97%
Feb
0.158
0.1638
52.01 %
433
671
360
96.16%
179
236
196
63.21 %
Mr
0.179
0.1651
52.41 %
312
486
356
96.79%
221
330
202
64.79%
Apr
0.188
0.1860
62.70%
336
627
399
105A3%
131
205
207
60.30%
Mey
0.198
0.1682
53.39%
388
641
409
111.05%
189
279
213
57.87%
Jun
0.203
0.1716
64.44%
364
699
432
117.48%
161
266
219
69.67%
Jul
0.161
0.1723
54.88%
240
333
437
119.86%
129
173
217
69.07%
Aug
0.141
0.1895
63.81 %
668
866
456
124.04%
179
210
218
69.37%
Sop
0.141
0.1676
63.17%
826
736
491
133A0%
146
17'l
221
60.11%
Oct
0.183
0.1677
53.23%
274
372
499
132.89%
144
106
224
80.83%
Nov
0.26
0.1749
66.63%
244
600
623
142.01%
141
294
241
66A0%
Doe
0.171
0.1782
55.93%
309
"1
616
140.08%
323
461
264
88.94%
1997
Jon
0.179
0.1777
66A0%
432
846
641
147.08%
190
269
266
69.70%
January 24, 1997
City of Albertville
Albertville, MN 55301
Ref: 1403 14-A Buffalo
Vendor # F0438
Account Code 22503
FTA # 20
Enclosed is our franchise fee check based on the following computation.
For the period ending December 31, 1996
Total Gross
Basic
Other
Pay TV
Rental
Revenues
January
$ 12,266.28
818.58
2,003.93
688.76
15,777.56
February
10,044.57
704.10
1,556.01
494.57
12,799.25
March
11,336.08
858.62
2,140.57
657.07
14,992.35
April
11,114.04
733.82
2,089.37
573.95
14,511.18
May
10,569.90
832.37
1,813.57
492.32
13,708.15
June
10,273.08
348.62
1,468.80
473.10
12,563.60
July
11,596.69
1,313.64
2,052.08
641.48
15,603.90
August
10,206.69
771.04
1,609.81
565.16
13,152.70
September
11,461.24
232.83
1,682.86
522.04
13,898.97
October
13,027.94
2,095.68
2,050.49
620.44
17,794.55
November
11,878.30
517.72
2,110.46
764.38
15,270.86
December
11,878.30
1,113.13
2,110.46
764.38
15,866.27
Sincerely,
Charles Cox
Fund Accountant
$ 135,653.11 10,340.16 22,688.42 7,257.67 175,939.36
@ 3%
Payment $ 5,278.18
9697 E. Mineral Avenue, P.O. Box 3309, Englewood, Colorado 80155-3309 303-792-3111
INDEPENDENT SCHOOL DISTRICT
UM .97eI
Tuesday
January 28, 1997
St. Michael City Council
City Hall
216 Main Street South
St. Michael, Minnesota 55376
Dear Council Members:
The St. Michael -Albertville School Board wishes to commend
your action taken at a recent meeting to support the install-
ation of sidewalks on St. Michael city streets. The absence
of city sidewalks has been an ongoing issue for transporting
District students. Improvements in this area will help re-
duce District transportation costs and significantly improve
the safety for children walking to and from school.
Again, thank you!
Respectfully,
Mario De Matteis
Superintendent
cc: School Board Members
Albertville City Council
District Office: 11343 50th Street N.E., Albertville, MN 55301 0 Phone: (612) 497-3180 Fax: (612) 497-4955
Sent by: ALLIED COMPANIES,LLC 612 428 8395 02/24/97 1:25PM Job 168
STM4 IceArena
Date: February 24, 1997
To: City of St. Michael
City of Albertville
STMA School District
From: Jeff Gongoll, Project Manager
subject: ICE ARENA STATUS REPORT
in an effort to keep everyone informed about the impending Ice Arena project, the
following report will be issued to each entity to identify the issues and activities
concerning the project. Each issue is described in terms of the activities that have
occurred, and are identified by a numbering system where I.9.1 = January 9th, item
# 1. Each new issue will then have a similar sequential number, identijFled in italics,
I to track the status of
the issue over time.
Joint Powers Agreement
1.9.8 The Agreement will need review by legal counsel (John Gries) to set up responsibilities of
each entity.
1.17.4 The responsibilities, activities and structure of the Agreement and the Joint Powers Board
must be established to make sure all entities are working together on this project. A Joint
Powers organizational meeting will be set up for February for attendance by all entities to
establish:
• Board Structure & Representatives
• Fiscal Agent
• Fund Accounts
• Arena Operating Board
1.31.1 The draft Agreement (which was submitted with the Mighty Ducks application) was mailed
to Attorney Generals Office for their review and comment as we proceed with organizing the
Joint Powers Board.
2.
Sent by: ALLIED COMPANIES,LLC 612 428 8395
02/24/97 1:26PM Job 168 Page 3/4
Arena Status Report
Page 2
Proper Zoning
1.9.1 Barthel Commercial Park is zoned @ B-3 Highway Commercial; would be compatible for ice
arena activities.
1.17.1 The City Planner, Liz Stockman, recommends that the arena site be rezoned to
"PubliclItLv i[utional" (1W), since this is a municipal recreational facility. A P/I zone allows
40% building coverage, 35' front setback, 25' rear setback, 20' side setback (35' side setback
along a major street).
1.17.2 Preliminary Site Plan indicates compliance within the P/I zoning requirements.
Plat Process
1.9.2 A Preliminary Plat & Final Plat will be required to establish the arena site. Will require
application to the City of Albertville. Estimated application fees are $2,200 - $2,700.
Ditch Relocation
1.9.3 City of Albertville is working with Don Barthel and L&D Trucking on relocating ditch to the
east property line. This work is in conjunction with the impending realignment of County
Roads 37 & 19.
1.9.4 Wright County will be realigning the intersection of County Roads 37 & 19. Work is
scheduled to begin in mid -May 1997. A probable benefit to the arena will be improved traffic
flow on a new 61 st Street, plus a new ingress/egress at the intersection of 61 st Street and
Lachman Avenue. There wi11 be an opportunity to install directional road signs along these
roads, with County approval.
Mighty Ducks Process
1.9.5 The STMA Arena Board has an existing contract with Hall & Associates to construct the
arena. This contract was established in 1995, prior to the Mighty Ducks program. With the
use of state money through the Mighty Ducks program, will we be able to honor this
contract? Will Mighty Ducks require a public bidding process? How will the Joint Powers
Agreement effect this?
1.9.6 Meeting scheduled for 1/23/97 with Minn. Amateur Sports Comm. to discuss the use and
application of Mighty Ducks money and the parameters of this grant program.
1.23.1 The Mighty Ducks grant agreement was distributed; it needs to be signed. Additional
reporting documents are required and need to be reviewed by state officials (e.g., Joint
Powers Board, Arena Use Agreement).
1.23.2 The grant agreement does not speak to the bidding issue or validity of existing contracts (i.e.,
Hall & Assoc.), this will need to be clarified.
Sent by: ALLIED COMPANIES,LLC 612 428 8395 02/24/97 1:27PM Job 168 Page 4/4
Arena 5tatas Report
Page 3
Municipal Fund Accounts
1.9.7 Fund accounts will need to be established to handle the arena construction, debt service,
fundraising, etc. City of Albertville is the designated recipient of the Mighty Ducks money.
1.17.3 The Joint Powers Board may be the appropriate organization to establish these
responsibilities. —
Wetland Mitigation
1.9.9 Svoboda & Associates have begun their review of the site to identify the locations and size
of possible wetlands on the property_
1.23.3 Report is completed, wetlands have been identified on the arena site from a review of aerial
photos since 1979. Further delineation can occur in Spring. A hydrology study may also be
necessary to further define the wetlands.
1.31.2 Jeff Gongoll will meet with the Wright County Soil & Water Conservation District to discuss
the wetlands issue.
2.5.1 Gary Hale followed up with a wetlands delineation map conducted by Wright County; it will
be forwarded to the wetlands consultant.
Electric Utilities
2.10.1 J. Gongoll contacted NSP to inquire about any possible energy savings or rebate programs
which would be available. They will contact Del Erickson for further design details such as
size, refrigeration, etc.
Please refer any questions to Jeff Gongoll at 428-4466.
A tmastalus
2 24%97
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Community.. Family.. Jobs.
February 5, 1997
Garrison Hale
Administrator
City of Albertville
PO Box 9
Albertville, MN 55301
Dear Mr. Hale:
Thank you so much for your final pledge payment of. $1,000.
With this payment you have fulfilled your total pledged
contribution of $2,000.
Your contribution to the Central Minnesota Initiative Fund
provides valuable resources to the people of Central
Minnesota, and we are very,grateful for your support.
Again, thank you for your wonderful contribution.
Sincerely,
Kathy G "a swyk
Executive Director
K th Adams
D r for of Development
P.O. Box 59, Little Falls. MN 56345 (320) 632-9255 FAX (320) 632-9258
Minnesota Department of Transportation
District 3
1991 industrial Park Road
Baxter, MN 56401
February 12, 1997
Mr. Pete Carlson, P.E.
City of Albertville Engineer
P.O. Box 1717
St. Cloud, MN 56302-1717
Dear Mr. Carlson:
RE: S.P.8680-126I-94
Albertville
Special Agreement
SEH #A-Alber 9503.00
Tel: 218/828-2460
Fax: 218/828-2210
Toll Free: 1/800/657-3971
I am writing as a follow up to our phone conversation earlier today. It is my understanding that the
city plans to address drainage concerns at County Road 37 and Interstate 94 by replacing the existing
eight inch tile line with an 18 inch tile line. I further understand that the City is not seeking
participation from MnDOT. If I do not hear otherwise fi-om you by February 26, 1997 the above
referenced project will be dropped from MnDOT's program.
Sincerely,
Lori Vanderhider
District Hydraulic Engineer
cc:
Michael Potter, -Mayor - 5975 Main Avenue NE, P.O. Box 9, Albertville, MN 55301
LV:cjm
An equal opportunity employer
541
Your water and wastewater partner
February 12, 1996
Mayor Mark Olsen
City of Albertville
5975 Main Avenue
Albertville, Minnesota 55301
Re: Scholarship for Graduating High School Seniors
Honorable Mayor and Councilmembers:
Professional Services Group, Inc. (PSG) is pleased to announce that we will be
awarding a $500 scholarship in each Central Region community in which we have a
Contract Operations facility. Our intent is to increase environmental awareness in the
youth of our communities through education.
Scholarships are available to high school seniors planning to enroll in a full-time
approved course of study in an environmental science or related curriculum. All
preliminary information is beeing submitted to Ms. Barb Lynch, Counselor at St.
Michael/Albertivlle Senior High School.
We have selected the Citizen's Scholarship Foundation of America (CSFA) to manage
the scholarship program for PSG. They will be responsible for evaluating all candidates
and selecting the award winners.
PSG has a direct responsibility to the quality of our environment and, as such;
to encourage and reward future environmentalists. We look forward to a very
successful program in the combined St. Michael/Albertville community area.
should have any questions, please let us know.
Sincerely,
PROFESSIONAL SERVICES GROUP, INC.
William A. Coleman
Vice President
Regional Manager
c/ Kelsie McGuire, PSG
Kelly Browning, PSG
we look
If you
Professional Services Group
Wood River Regional WWTF
268 South 14th Street
Wood River, IL 62095
Phone / Fax: (618) 251-4037
FRIENDLY CITY DAYS
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MEMORANDUM
TO: GARY HALE, CITY ADMINISTRATOR, ALBERTVILLE CITY COUNCIL
FROM: MIKE COURI, CITY ATTORNEY
SUBJECT: OFFERS ON BARTHEL INDUSTRIAL DRIVE LOT
DATE: FEBRUARY 25, 1997
The City has recently received two offers for the Barthel
Industrial Drive lot: one from Eull Concrete for $20,000 and one
from Dave and Jeanne Vetsch for $8,000. I have the following
comments:
EULL CONCRETE
This offer is a written offer for $10,000 cash at closing with
the remaining $10,000 payable $5,000 in April 1998 and $5,000 in
April 1999, and earning 8% interest with a purchase money mortgage
as security for the payments. The mortgage would be a standard
mortgage. Eull will not be paying the special assessments
currently outstanding against the property (the City will need to
transfer approximately $6,000 of the purchase price to whichever
bond fund the special assessments have been pledged to). The
purchase agreement is a standard purchase agreement in all other
respects.
VETSCH
Dave and Jeanne Vetsch, owners of Vetsch Cabinet recently sent
the attached letter offer for $8,000 for 2 acres of the 8.32 acre
site (the remaining 6.32 acre portion is primarily unbuildable
wetland) . I believe that this' price would have the City paying the
approximately $6,000 in special assessments to the appropriate bond
fund.
As you may recall, the Vetschs and City staff had worked out
a preliminary arrangement where this lot would be sold to the
Vetschs, the City would establish a TIF district which in turn
would have paid for the cost of the land, parking lot and certain
other items. Once the soil tests came back, this plan was placed
on hold until the Vetschs had time to reexamine their ability to
use the site.
If the Council were inclined to accept this offer, I would
recommend that the Council attach two stipulations to the sale of
the lot to the Vetschs at this price:
1
A. Currently the Vetschs are planning to move out of their
existing building and into a newly constructed building,
estimated to cost approximately $230,000. I recommend
that any purchase agreement with the Vetschs require the
Vetschs to construct such a building on this site, thus
ensuring that Vetsch Cabinet will stay in Albertville and
will add to the tax base of the City.
B. Currently the $40,000 to $45,000 soils correction work is
only an estimate per Dave Vetsch. If the soils
correction work amounts to less than $40,000, then the
Vetschs should pay an additional amount to the City as
part of the purchase price. This could be on a sliding
scale (e.g. for every $1,000 less in soils corrections
needed, the purchase price increases $250) . Thus, if the
property needs less correction work, its purchase price
will reflect this fact.
I have spoken with Jeanne Vetsch regarding these conditions. She
will discuss them with Dave and will be prepared to discuss them
with the Council at the meeting. She did confirm that they intend
to construct a building on the property.
The Vetschs offer is conditioned upon the establishment of a
TIF on this property. The TIF would pay for the soils correction
and for some improvements, but not as many as before, and probably
would not be able to pay for the cost of the land. If the sale of
the land to the Vetschs is structured properly, I believe that the ' c
City can contribute its "local match" for TIF purposes .in property, `�'
on the City.
would have no cash impact u {`
which P P
Should the Council choose to pursue the Vetsch offer, the
offer and its terms will need to be put in purchase agreement form
and approved by the City Council at its next meeting. Because the
exact terms of such a deal have not all been worked out, I would
ask that the Council, if it wants to proceed with the Vetsch offer,
merely authorize City staff to work with the Vetschs in putting
together a purchase agreement.
If the Council sells to either Eull Concrete or to the
Vetschs, a 10% commission on the sale price will have to be paid to
the listing realtor.
2
LAND im Laurie E. Karnes, Broker
ME, INC. A real estate company specializing in land.
P.O. Box 1958, Maple Grove, MN 55311
Phone: (612) 420-4757 Fax: (612) 420-9792
February 18, 1997
TO: Albertville City Council
FROM: Laurie E. Karnes
RE: Lot on Barthel Industrial Drive
Attached please find an offer for $20,000 for this property. This offer is non
contingent.
When I was operating under the premise that there was a 9,600 Square Foot building
pad for this property 1 had interest from a Landscape Company in Maple Grove and
another party --both to build an office building. However, with the results of the
recent soil borings done by SEH that show the property is not suitable for building,
this limits its use to outside storage.
Since FULL CONCRETE is adjacent to the property, it has more value to EULL than
any other party. Since this offer has no contingencies and no added costs to the
city, given the soil borings, I recommend you accept this offer.
This offer will allow a good employer to stay and expand in Albertville, as they plan
to use this land to expand their business to patio supplies and add additional
employees.
LAND FoR, Laurie E. Karnes, Broker
SALE, INC. A real estate company specializing in land.
P.O. Box 1958, Maple Grove, MN 55311
Phone: (612) 420-4757 Fax: (612) 420-9792
February 18, 1997
Estimated Proceeds to CITY on Barthel Industrial Drive\EULL Concrete
Sales Price: $20,000
Interest: 1.200
Total Proceeds: $211200
Less Payments Due at Closing:
Estimated Assessment balance
(assumes no payments made since 2/96) $6,117
Real Estate Broker 21000
Closing 200
Abstract Update 200
Total Expected Payments: -8,517
Expected Net Proceeds:$12r683
PURCHASE AGREEMENT
This lean approved by the Minnesota Anion of
REALTORS". which disclaims any liability
j!a"
out of use or misuse of this torn.
1. Date ¢b. 1 2. 1911
2. Page I of Pages
,l
3. RECEIVED OF C„3 ) �jY 1C1'e$j
e -
j 4.
i
j 5. the sum of
Dollars
& by EC SH-NOTE i s earnest money to be deposited upon acceptance of Purchase Agreement by all parties, on or
7. before the next business day after acceptance, in a trust
account of listing broker but to be returned to Buyer if Purchase
B. Agreement is rat accepted by Seiler. Said earnest
isr►p�ait payment for the purchase of the property located at:
9. Street Address: �j� Ooe- �_�Y�� - bG
v l t u e ,
10. City Of
County of (+ n%lvo , Stare of Minnesota,
i 11. Legally described as: ey_ C, p
`
�s
13. i the following property, if any, arced by Seller and used and located on said property: garden bulbs, plants, shrubs
14. trees; storm screens and awnings; window shades, blinds, traverse and curtain and drapery rods; attached . `ng
15. fixtures and Iles; plumbing fiheating plants (with any burners, tanks, stokers and other equi used in I
i& connection air conditioning equipment, electronic Softener OWNED / RE built-in humidifier I
I
17. and dehumid' tank and controls (d the sump pum ad television antenna, cable TV jack
1& and wiring; dishwashers, trash compactors, ovens, cook top ovens, hood tam i
19. intercoms; A ED: ; mirrors; garage door openers and all controls; smoke detectors; fi veers, doors anit
20.
following Personal Property:
�I
22. _
23. all of which property Seger has this day agreed to sell to Buyer for sum of:
24. l `a 1)na Ole Dollars,
2& which Buyer agrees to pay in the following manner: Earnest money of $
26. and $ !�A , S 0e) cash on the date of closing, and
277 the balance ot $ NO ay o U by financing in accordance with the attached addendum:
2& Conventional
al FHA_ _ VA__ Assumption Contract for Deed Other. T i CC%1a5e _ f' ce1 crw-) n;(.�c'a4T_
29 This Purchase Agreement IS Aiiisubject to a coMingengr addendum. (If answer is IS, see attached addendum.)
30L This Purchase Agreement IS /,Ci&) subject to cancellation of a previously written Purchase Agreement dated _
31. This Purchase Agreement IS, �,($ i subject to an Inspection Addendum. (If answer is IS, see attached addendum.)
32. Attached are other addenda which are made a part of this Purchase Agreement. (Enter page or pages on line 2)
33 DEED/MARKETABLE TITLE: Upon performance by Buyer, Seger shall deliver a (�rQr s✓ C a 1 Warranty Deed
34. joined to by spouse, if any, conveying marketable title, subject to:
35. (A) Building and zoning laws, ordinances, stare and federal regulations; (B) Restrictions relating to use or improvement of the property without
36. effective forfeiture provisions; (C) Reservation of any mineral rights by the Stare of Minnesota; (D) Utility and drainage easements which do not
37. interfere with existing improvements; (E) Rights of tenants as follows (unless specified, not subject to tenancies):
3&
39. (F) Others (Must be specified in writing):
40. SPECIAL ASSESSMENTS shag be paid as fellows:
41. BUYER AND SELLER SHALL PRORATE AS OF THE DATE OF CLOSING SHALL PAY ON DATE OF CLOSING installments
42. of special assessments certified for payment with this real estate taxes due and payable in the year of dosing.
4a BUYER SHALL ASSUME SELLER SHALL P on dare of closing all other special assessments levied as of the dare of closing.
44. BUYER SHALL ASSUME SELLER SHALL PROVIDE FOR PAYMENT assessments pending as of the dare of this agreement for
4S improvements that have been ordered by the City Council or ogner assessing authoinhes. (Seller's provision for payment shag be by payment into
46. escrow of 2 times the estimated amount of the assessments, or less as required by Buyer's lender.)
47. BUYER SHALL ASSU / SELLER SHALL PAY data of dosing any deferred real estate taxes (i.a Green Acres, etc.) or special
4& assessments payment of which is required as a result of the dosing of this sale. Buyer shag pay real estate taxes due and payable in the
49. year following dosing and thereafter and any unpaid special assessments payable therewith and thereafter, the payment of which is not
50. otherwise provided.
51. As of the date of this agreement, Seger represents that Seder HAS «� received a notice of hearing fix a new pubic improvemert
52. project from any govemmental assessing authority, the costs of which project may be assessed against the property. If a notice of pending
5a special assessment is Issued after the date of this agreement and on or before the date of dosing, Buyer shag assume payment of
ALL NE / OTHER: of any such special assessnrertta, and Seger shag provide for payment on
55. dare of closing ALLNON OTHER: of any such special assaesmerta If such special
511 asaesarrsnts or escrow amounts for said special assessments as required by Buyer's lender shall exceed $ \�J this
57. Purchase Agreement shall be nug and void at Seller's option; parties agree to sign cancellation of Purchase Agreement and and earnest
5& money paid hereunder shad be refunded to Buyer, unless one or both of the parties ns)
writing on or before the date of dosing, to
5% assume, pay, or provide fax the payment of such Media
60 11pller and Buyer Initial SOWS) Date IEW
fit. •ad:PA.t (01110)
VACANT LAND ADDENDUM
This form gvmved by the minnseft Anodedon of
REALTOR3s, wtrich declaims any kbfUltr
erbfrq oume out of tor misuse of this form.
1. Data `� `R Ten
2. Page tr\ of _ Pages
3 Addendum to Purchase Agreement between parties dated o , 19_1 pertaining to the purchase
4. and sate of the property at - 22.: — &Z) '::Lnl -9lDif f-8/ I 'l l V ct,
a SPECIAL CONTINGENCIES: This Purchase Agreement is subject to the following omtIngencies and 9 fhe following contingencies checked
7. below cannot be satisfied or waived, In wrttirtg, by Buyer by . 19 - this Purchase Agreement shall become
6 null and void and all earnest money shall be refunded to the Buyer. Buyers and Sellers agree to sign a cancellation of the Purchase Agreement.
& (SOW appropriate options a-h)
10. O (a) BUYER / SELLER shall provide a certificate of survey of the property, at BUYER / SELLER ®cpertae, not later than
11. , 19
12. O (b) Buyer obtaining approval of city4bwrrship of proposed building plans and specifications at BUYER / SELLER expense.
f--
13 ❑ (c) Buyer obtaining approval of cWownship of proposed subdivision development plans at BUYER / SELLER expense.
14. O (cQ Buyer obtaining approval of cityl ownship for retuning or use permits at BUYER / SELLER expense,
1& O (e) Buyer obtaining at BUYER / SELLER expense, percolation tests which are acceptable to Buyer
1& ❑ (f) Buyer obtaining at BUYER / SELLER expense, sod tests which iriicate that the property may be intprared without 00sordetary buiding
17 methods or cost. —
18.0(0 Buyer obtaining appal of Melding piers arxlfor specifications in accordance with any recorded subdivision co w a ft and approval of
19. the architectural control committee.
20. O (h) OTHER:
21.
22. Seder's expenses for these contingencies (d any) shall not exceed $
23 Seder grants permission of access to the property for testing and surveying purposes.
24. PLEASE NOTE: Buyer may Incur additional charges improving the property Including but not limited fo: Hook-up andlor access charges,
28 municipal charges, casts for sewer mess, stubbing access, water access, park dedication, road access, utdity connection and connecting
2a fees, curb cuts and tree planting charges.
27. SPECIAL WARRANTIES: warrants Seller wants that the property described in this Purchase Agreement of
28. AChQ>SGUARE FEET and is currently zoned 9: m;= QCC to
29. Seder warrants that the property IS / IS NOT in the designated 100 year flood plain area.
30. Seder warrants that the property DOES / DOES NOT currently receive preferential tax treatment pa., Green Acres, eta).
31. OTHER:
A(PC-1) ISO, 1�1q� �5, o0o
Ape -IN 6-0> 14vizi -55,L)dd
32. it W Z-16r1i
3. v
(aMM
34. THIS IS A LEGALLY BPIDING CONTRACT BETWEEN BUYERS AND SELLERS
X IF YOU DESIRE LEGAL OR TAX ADVICE, CONSULT AN APPROPRIATE PROFESSIONAL.
311 mN: vLA Mp
PURCHASE AGREEME T
104. Address
105. Page 3 D��
10a REAL ESTATE TAXES
107. Buyer shall oaf PRORATED FROM DAY OF CIASINGJ I2THS ALL NONE real estate Wm due and payable in the year 19_L1.
106 Seiler shale piLy�ORATED TO DAY OF CLOSI i2THS, ALL, NONE real estate taxes due and payable in the year 19_1. 9 the
109. closing date is changed, the real estate taxes paid shall if prorated, be adjusted to the new closing data Seiler warrants Wtes due and
110. payable in the year 199-1 will be FUL4PAIR N NI -homestead classification. If part or non -homestead classification is circled,
111. Seller agrees to pay Buyer at closing It�..,».toward the ran -homestead
112. portion of the real ester taxes. Buyer agrees to pay any remaining balance of norrhomesteed texas when they become due and payable.
Ila No representations are made concerning the amount of subsequent real estate taxes.
114. POSSESSION: Seller shall deliver possession of the property riot later than h cu < S after dosing.
11a Ail interest, homeowner association dues, rents, fuel oil, liquid petroleum gas and all charges for city water, dry sewer, electricity, and natural
Ila gas shall be prorated between the parties as of data of closing. Seller agrees to remove ALL DEBRIS AND ALL PERSONAL PROPERTY
117. NOT INCLUDED HEREIN from the property by possession date.
11a ENVIRONMENTAL CONCERNS: To the best of the SeWs knowledge two are no hazardous subelances, or underground storage tank% sioept
119. herein noted:
120.
121. SPECIAL WARRANTIES:
122. SE R WARRANTS THAT THE PROPERTY IS DIRECTLY CONNECTED TO: CITY SEWER❑YESkNO CITY WATER❑YESJaNO
12f,R lL »_YER AGREES TO PROVIDE WATER OUAUTY TEST RESULTS AND/OR SEPTIC SYSTEM CERTIFICATION IF REQUIRED BY
124. GOVERNING AUTHORITY AND/OR LENDER. SELLER WARRANTS THAT ALL APPLIANCES, HEATING, AIR CONDITIONING, WIRING
125. AND PLUMBING SYSTEMS USED AND LOCATED ON SAID PROPERTY WILL BE IN WORIONG ORDER ON THE DATE OF CLOSING,
126. EXCEPT AS NOTED ON ATTACHED ADDENDUM. BUYER HAS THE RIGHT TO INSPECT PROPERTY PRIOR TO CLOSING.
127. OTHER:
1211
IM,#UYER ACIQK NVLEDGES THAT NO ORAL REPRESENTATIONS HAVE BEEN MADE REGARDING POSSIBLE PROBLEMS OF WATER
130. IN 'NT, OR DAMAGE CAUSED BY WATER OR ICE BUILD-UP ON THE ROOF OF THE PROPERTY AND BU ES
131. SOLELY IN RD ON THE FOLLOWING STATEMENT BY SELLER:
132. SELLER HAS / HAS NOT HAD A MENT, AND HAS / HAS NOT HAD ROOF, WALL G DAMAGE CAUSED BY WATER
13a OR ICE BUILD-UP. BUYER HAS / HAS NOT RECEI �. ESTA R DISCLOSURE STATEMENT.
134. BUYER HAS RECEIVED THE TR ECTION RE QUIRED BY MUNICIPALITY.
135. BUYER E WELL DISCLOSURE STATEMENT REQUIRED BY MINNESaW STATUTES SEC. 1031.235.
13(1 BUYER & SELLER INITIAL: Buyer(s) Sellers)
137 WLEDGE THAT 1 HAVE RECEIVED AND HAD THE OPPORTUNITY TO REVIEW THE ARBITRATION DISCLOSURE AND
138, RESIDE ���110141�AGMREEMENT.
139. SELLER(S) BUYERS)
140 ) BUYER(S)
141. NOTICE
.Y
142. � r) -1 T1 Z: fYZ T 1 �a Tr )a a1 ) !• gepresernts � b � 1 /
143 �-�� 1 Y >na C �� S in r_ Represents ,f�a)10J
(A"M rAb pry
144. THIS NOTICE DOES NOT SATISFY MINNESOTA STATUTORY AGENCY DISCLOSURE REQUIREMENTS.
145. I, the owner of the property, accept this agreement and authorize
146 the listing broker to withdraw, said property from the market,
147. unless intruded otherwise in writing.
14a X
r AIK-5
14R
P*"d )
15a
(9aW SOMAY N~ (tend 91160)
I to purchase the property for the price and on the
and set forth above. g
X � C7c
A 9�) on"
(L,,Wy PrI Nrro)
(so" s.a.+y Nunes PAWN SOMA
151. X X
(91W* SO%" (0+A) (eurw'l 9rvran) maw
152.
15a
Nun6" RArw scup
154. FwAL AccEPpNOE DATE
155. THIS M A LEGALLY BINDING CONTRACT BETWEEN BUYERS AND SELLERS
IS& MN:PA-3 RM IF YOU DESIRE i ERAL OR 7AX ADVIM CONSULT AN APPROPRIATE PROFESSIONAL.
February 24, 1997
City Of Albertville:
We are offering a bid of $8000.00 for 2 acres for the buildable portion of the
8.32 acre site along Barthel Industrial Drive.
We feel this offer is fair do to the corrections that will be needed to make this
a buildable lot. We have gotten some rough estimates for these corrections.
At this time the estimates are coming in at approximately $40,000 to $45,000.
We hope you will consider this offer and we would like an answer shortly after the
next council meeting (3/3/97).
Thank You.
�,C11a
=eanne
' .moo C),..
Detsch.
Acquisition, Sale, and Other
Disposal of Real Estate
The law permittft-the-o5fi-veyance of
tax -forfeited land to a city 14 may be a
method a city could use to acquire land as
part of its community development pro-
granl. 55
In addition to the law permitting cities
to acquire tax -forfeited land, statutory
cities may acquire, either within or with-
out their corporate limits. such real and
personal property by purchase. gift
devise, condemnation, lease, or otherwise.
It may hold, manage, control. sell, convey,
lease, or otherwise dispose of such prop-
erty as its interests require-m This is
ample authority for the city to dispose of
land it does not hold in trust for a speci-
fied public use.5' Home rule charters
usually contain similar provisions.
Any county. town. city, or other public
corporation may convey its lands for
nominal fee or without consideration to
any governmental subdivision. another
public corporation, or to the Minnesota
state armory building commission for
public use when its governing body
authorizes it.38
Special problems arise in conveying
ark4unpertv or property the city holds in
trust for some particular public purpose.
Usually a statute or charter is necessary
to enable a city to alienate lands it holds
in trust and uses for a specific purpose. If
a city has dedicated land for a public park
or square, for example. the city corpora
tion holds the property in trust for the
public and has no power to divert the land
from the uses and purposes of its original
dedication.-%
If a city acquires a park or public square
by dedication on a plat. by condemnation.
or by deed. it may hold only an easement
in the property, not absolute fee simple
title. Consequently, it has no interest to
convey. Perhaps the city can eliminate the
limitation to use an area as a public park
or square through formal vacation in the
same way it would vacate a street.00
If a city has acquired park property by a
deed containing no restrictions on its use,
authority to sell it for other purposes is
uncertain. Most cases have held that if a
public entity acquired land without
restriction as to use, it may sell it for
other purposes.81 This is true even though
the public entity improved and used the
land for a certain period. such as a park.
There is some authority, however, for the
stricter view that where a city purchases
land for a park and uses it uninterrupt-
edly as such for a long period. the use
itself amounts to a dedication, and the
city cannot sell or lease it for other pur-
poses, even though the deed of purchase
does not limit the use to park purposes.'
If the deed restricts the purpose, the city
must examine the specific language to
determine whether the deed created a
trust. If so, the city cannot sell the prop-
erty. or the "fee simple determinable
interest." In this case the city may sell the
property, but the buyer's interest will
terminate if the buyer uses the property
for a purpose other than those mentioned
In the deed to the city.63 In some cases,
the courts have said that a statement of
purpose is merely an attempt to explain
the reason for the conveyance and does
not have legal effect."
A city's power to convey land which is
limited to a particular purpose is a com-
plicated legal consideration.' The council
should not authorize any sale or disposi-,
tion of the property without seeking the
advice of its attorney and. possibly, even A
court action clarifying its authority.
After a planning commission or other
planning agency has approved a compre-
hensive plan, the city may not acquire or
dispose of any real property until after the
planning agency has reviewed the pro-
posal and reported its findings to the
council. Failure of the agency to report
back within 45 days after referral is the
same as approval. The council may dis-
pense with this referral requirement when
it finds. by a two-thirds vote, that the
proposed acquisition or disposal has no
relationship to the comprehensive plan."
If no bond issue is involved in a real
property purchase. the statutes do not
require the city council to submit the
question of purchasing real property to
the voters. Ordinarily, the decision is
wholly one for the council. This is true
246
HAN0BOOK FOR MINNESOTA CITIES
whether the city has money on hand to
pay for the land or purchases the property
on a contract for deed, which cannot
exceed five years, and where the only
remedy of the seller for non-payment is
repossession of the property.67
However, if the contract price exceeds .
one percent of the assessed valuation of
the city, the city must publish, in the
official newspaper, a resolution stating the
intention to make such a purchase by
contract. It must then wait 10 days before
entering into the contract. If. in that 10-
day period, 10 percent of the voters voting
in the last regular election petition for an
election on the purchase, the council
must submit the question at a regular or
special election.
in cases. a city may buy or sen
property without advertising for bids
unless there is a specific requirement
in the statutes or charter. There is no
such or statutory cities for
real property. The law only requires
statutory cities to advertise for bids for all
contracts for the purchase of merchan-
dise, materials. equipment. or for any kind
of construction work which requires an
expenditure of $15,000 or more-' The
uniform municipal contracting law ex-
cludes real property from its contracting
requirements.00
The Minnesota Supreme Court has held
that a city charter requiring advertise-
ments for bids for all contracts involving
more than $250 for commodities or
services does not apply to leases of real
estate. This is because there is no way of
stimulating competition through a bid
requirement as would be the case If the
city were buying materials or supplies.70
The same reasoning applies to the
purchase of real estate. It would be mean-
ingless for a city to advertise for bids
when it only wants a particular piece of
property and can only obtain it through
negotiating with the owner of the prop-
erty. 6tatutory city bid reouirements do
not�3ppiy to the rty and.
consequently. councils may sell real
pro a without advertising for bids
The procedure for cornevingseal es_
is simple U bids are not necessary. and a
b�;ter la willing today what the council
believes is a reasonable price. the council
may n _a reso ion malange e
of-
the property and directing the clerk and
mayor o execute the necessary convey-
ance. The mayor an c erk shoula—ek—edute
the deed and seal it with the corporate 1�
seal. In the case of home rule cities.
councils should follow charter require-
ments.
If the city advertises for bids. the council
should adopt a resolution directing the
clerk to make the advertisement and, after
determining which is the best bid. it
should adopt another resolution accepting
the bid. It should then make a sale to the
successful bidder, and direct the clerk
and mayor to execute the necessary
conveyance. The resolution should pro-
vide for the disposition of funds if they are
not to go into the general fund.
A statutory city may sell property on a
contract for deed when the council deter.
mines that such a sale is in the best
interest of the city." A city may give an
option to purchase even though the result
may be to prevent acceptance of another
offer which comes along later. Similarly. a
city's power to purchase real estate by an
option contract is implicit in its general `
power to purchase, even though it may
lose the option payment If it fails to make
the purehase.72 The city may attach a use
or other condition in its deed of convey
ance in order to secure what the council
reasonably conceives to be in the interest
of the eity.79 In order to facilitate sale or to
further municipal planning objectives. it
may, before sale, plat into lots and blocks
land it holds in fee simple."
A city may acquire a conservation
easement from landowners.75
Eminent Domain
Eminent domain is the right of the state
to appropriate private property to public
use upon the payment of just compensa}
tion. The statutes give every city this right
in order to acquire private property either
within or without the corporate limits for,
any Iwiful purpose.7e Under the right of
eminent domain cities may only take
property for a public purpose.
Eminent domain, or condemnation.
allows a city to acquire property against
the will of the owner by paying the value
of property, fixed in Minnesota by court-.
appointed commissioners. The refusal of a
246
CHAPTERIG
property owner to sell. however, does not
mean the council has the right to institute
eminent domain proceedings."
The council must decide whether it
should exercise the right of eminent
domain and begin condemnation proceed-
ings."
To acquire property by eminent domain.
cities must follow the procedure in the
comprehensive eminent domain law."
Under that law, the council begins pro-
ceedings, normally by resolution. The city
must then file a petition with the district
court. If the court determines that the
purpose is an authorized public purpose,
it appoints commissioners to appraise
damages. The parties may appeal the
commissioners' award.
When one city needs part of a tract of
land for some public purpose and some
other city needs other parts for a public
purpose, they may enter into an agree-
ment for joint acquisition of the land by
eminent domain.B0
A city may condemn land that another
public body holds, but only if it can show
a strong necessity for the condemnation.8'
RELOCATION AND APPRAISAL FEES
The city must pay relocation assistance
and benefitsm to residents or businesses
the city displaces through eminent do-
main or by purchase of property if federal
relocation assistance and benefits are not
available.89 This is a cost of almost every
acquisition and the council should con-
sider it in making a decision to acquire
land. In some limited circumstances,
owner -occupants may waive relocation
benefits.84 The purchase of property with
the proceeds of industrial revenue bonds
does not constitute an acquisition which
would require payment of relocation
benefits.85Also, utilities forced to move
from a right-of-way do not qualify for
relocation beneiits.ee
In both acquisitions by purchase and by
eminent domain, the owner is entitled to
reimbursement for appraisal fees. not to
exceed $500, if the owner is otherwise
entitled to reimbursement under federal
law. The city. as purchaser, must inform
the owner of the right. if any, to reim-
bursement for appraisal fees, together
with relocation costs, moving costs, and
any other related expenses to which an
owner is entitled under federal law."'
Advertising Devices
Cities cannot remove lawfully erected
advertising devices until the city has
acquired all rights in the property.86 A city
cannot use amortization. However, this
law affects only signs adjacent to high-
ways.BD
Vacating Publicly Owned Utility
Easements and Land Dedicated
to Streets and Alleys
Statutory cities and home rule cities of
the third and fourth class may abandon
ownership or control over all or any part
of land they have set aside, dedicated., or
used as streets or alleys.90 A statutory city
may also vacate any publicly owned utility
easement or boulevard reserve.91 The
steps are as follows:
• The council may initiate the action by
resolution. or a majority of property
owners who abut the land to be
vacated may petition for this action.
Such petitions probably need
signatures from both a majority of
landowners and the owners of at least
50 percent of the land area.92
• The council must hold a public
hearing on the proposal following two
weeks' published and posted notice.
The city must provide written notice to
each affected property owner at least
10 days before the hearing.
• If the land to be vacated abuts or
terminates on any public water, the
city must give written notice to the
commissioner of natural resources.
• If. after completing the above steps.
the council decides that the action is
In the public interest, it may vacate
the land by passing a resolution.
Vacating a street or alley must be in
the public interest.98
• After adopting the resolution. the clerk
must prepare and present to the
county auditor and the county register
of deeds a notice that the council has
completed the vacation proceedings.
When a city lawfully vacates a street,
the owner of abutting property holds title
to the land in the former street. presum-
217
HANDBOOK FOR MNNESOTA CITIES
ably to the center line, free of easements
either in favor of the public or owners of
other property abutting on the street.
Cities may specify the extent to which a
proposed vacation affects existing utility
easements, including reserving the right
to maintain and continue utility ease-
ments.94 However. where a piece of land
was formerly a platted street but the city
vacated the street its prior status would
not prevent a dedication by statutory user
if the city maintained it for a six year
period.98
If the city actually owns the dedicated
street, which is an unusual case, and
does not occur if the street has been
dedicated by plat. the resolution vacating
the street does not divest the city of its
rights to the property. It still may dispose
of the property on which the street was
located.
An abutting property owner who suffers
peculiar damages from the vacation of the
street is entitled to compensation. but not
if the only complaint is that the person
must travel further or over a poorer road
in going to and from the property.°° For
streets in private and certain platted
territories. there is also a district court
procedure for vacations' Before a court
may grant an application for this. how-
ever, the mayor of the city must receive
personal notification of it at least 10 days
before the court intends to hear the
application.
The action of a council in vacating a
street would ordinarily be void if it does
not hold a hearing or if it does not publish
and post notice of the hearing for the
period of time the statute requires.98
w This a ter Applie o 3
Home ule harter C' ies
Land use control o inances pply to Some rs con provisi for the
charter as well as stat tory es.99 If a acqu n and disposi on of prop" -
charter c�ntains confli tin rovisions. erty. a statutes do n give ons .s
refer to a chapter on ome rule for r cities to fo nt charter
chart city. pr ons.
Legal Notes for Chapter 16
1.
Hay v. 7bwnship of Grow, 296 Minn. 1.
10.
Minn. Stat. 462.355. subd. 1.
206 N.W. 2d 19 (1973): National Capital
11.
Minn. Stat. 462.355. subd. 2.
Corporation v. Village of Inver Grove
12.
Miirm. Stat. 462.355. subd. 3.
Heights, 301 Minn. 335, 222 N.W. 2d 560
13.
Minn. Stat. 462.356. subd. 1.
(1974).
14.
Minn. Stat. 462.356, subd. 2.
2.
Sun Od Company a New Hope. 300 Minn.
15.
Minn. Stat. 462.354, subd. 2
326. 220 N.W.2d 256 (1974).
16.
Fbr a complete discussion, aft League
3.
Minn. Stat. 462.352. subd. S.
publication local and Regional PlanMrg
4.
Minn. Stet. 462.365.
in Minnesota. pert u, Riegulatory Devices
5.
Minn. Stat. 462.364, subd. 1 (1): see
for Implementing the Plan.
League memo Planning Commissions-
17.
Gobden v. Ramapo Planntrig Board 285
Notes and Ordinances. 430a.18.
N.L. 291 (N.Y. 1972): Construction
6.
Minn. Stat. 462.364. subd. 1 (2).
Industry Association v. City of Pietaluma,
7.
Minn. Stat. 462.353. subd. 4.
522 F.2d. 897 (1975); Uxbridge
S.
Minn. Stat. 462.355.
Associates v. 7bwnship of Cherry H91. 48
9.
Minn. Stat. 462.355, subd. 1: see
LW. 2695. (N.J. 1980); Minn. Stet.
Chapter 17 on Intergovernmental
360.063 to 360.069. See. McShane v. C/ty
relations and the section of this chapter
ofFwtbai4 292 N.W. 2d. 263 (1980).
on extraterritorial zoning and subdivision
18.
Southern Burlington County NAAC-P. v.
control.
246
MEMORANDUM
TO: GARY HALE, CITY ADMINISTRATOR
FROM: MEGAN MCDONALD/MIKE COURI, CITY ATTORNEY
SUBJECT: VETERAN'S PREFERENCE HEARING REQUESTED BY KEN LINDSAY.
DATE: FEBRUARY 24, 1997
I was advised by Gerry Bender, Office of Veteran's
Administration, Division of Veteran's Preference Hearings, that no
written guidelines exist for conducting a Veteran's hearing.
Rather, all parties are to be guided by reason and due process.
The Supreme Court of the United States has held that the formality
and requisites of a "pre -termination hearing" vary, depending on
the importance of the interests involved and the nature of the
subsequent proceedings.
However, there are certain mandates set by state statute. For
example, because Albertville does not have its own civil service
board or commission the Veteran's hearing requested by Ken Lindsay
should be conducted by three appointed individuals. The City must
appoint one individual, the Veteran must appoint the second
individual, and the two so appointed appoint a third individual.
The one person appointed by the City should not be a City official;
the appointees do not have to be residents of Albertville. If the
two appointed individuals do not select a third person within ten
days of their own appointment, a judge of the district court will
make the third appointment. The three individuals comprising the
Hearing Board are usually paid a reasonable wage for their time,
and usually the employer (Albertville) is responsible for their
payment.
The Veteran's hearing may be informal, and both sides may be
represented by an attorney. At a minimum, the hearing must include
notice of charges, an explanation of the employer's evidence and an
opportunity for the employee to present his or her side of the
story. The burden of proof lies with the employer to prove that it
acted reasonably. At the conclusion of the hearing the Board must
issue written Findings of Fact and Conclusions of Law. If the
Board decides to reinstate Ken to his prior position or otherwise
modify the City's decision, the Board must make detailed listings
of those extenuating circumstances which it relied upon to modify
the City's action.
The task of the Hearing Board is two fold: (1) to determine
whether the City has acted reasonably and (2) to determine whether
extenuating circumstances exist justifying modification of the
City's actions. If the Hearing Board determines that the City
1
acted reasonably in removing the veteran from his position, the
hearing Board can modify the sanction only if it finds extenuating
circumstances supported by substantial evidence in the record.
An adequate record of the hearing must be made for review by
appellate courts to insure that the rights of the veteran were
protected. Although the law is not expressly clear, it is my
recommendation that the hearing be transcribed by a certified court
reporter (note that this can run several hundred dollars, depending
upon the length of the hearing).
The location of the hearing should be a neutral site. Perhaps
a good location would be the St. Michael City Hall, although
Albertville's City Hall can be used if Ken agrees. Whatever
location is chosen, it should be convenient for Ken and the City.
RECOMMENDATIONS: It is my recommendation that the City
schedule the hearing as soon as possible, perhaps thirty days out.
Because the hearing may take several hours, I would suggest that it
be scheduled on a night with no other City business. I think that
the City should select a local resident to be its panel
representative. The Council can either vote on an individual or
delegate to the City Administrator the authority to appoint the
individual. I expect that if the entire panel is composed of
citizens, the cost to the City will probably be more reasonable
than if professionals are appointed (i.e. attorneys, mediators,
etc.). I also recommend that the City Administrator and myself
meet with Ken Lindsay and his attorney (if he has retained one) in
an attempt to agree to the basic ground rules of the hearing
(location, format, stipulation as to documents to be presented,
etc.).
The Council must also decide how much preparation it wants to
put into the hearing. Because the hearing will consist of
witnesses testifying and the introduction of documentary evidence,
I do recommend that the City be represented by an attorney
(although this is not required by law). If this will be the case,
I will need some guidance from the Council as to how much time the
Council would like devoted to this issue. I anticipate five to
seven hours of preparation at a minimum, with the hearing taking
several more hours. Briefing of the issue would likely take
another four to five hours or so.
I strongly recommend that the Council hire a court reporter to
transcribe the hearing.
2
CITY OF ALBERTVILLE
COUNTY OF WRIGHT
STATE OF MINNESOTA
RESOLUTION 1 1997- 14
RESOLUTION ORDERING IMPROVEMENT AND ORDERING PLANS AND
SPECIFICATIONS
WHEREAS, the Albertville City Council held a public hearing on
February 3, 1997 to consider the following proposed improvement:
The extension of sanitary sewer and municipal water service to
the north east quadrant of the City (known as the Northeast
Sanitary Sewer & Water Main Extension Project);
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF ALBERTVILLE, WRIGHT COUNTY, MINNESOTA:
1. Such improvement is hereby approved and ordered.
2. The City Engineer is hereby requested to prepare plans and
specifications for the making of such improvement.
ADOPTED BY THE CITY COUNCIL OF THE CITY OF ALBERTVILLE THIS 3RD DAY
OF MARCH, 1997.
Mark Olson, Mayor
ATTEST:
Linda Houghton, City Clerk
CITY OF ALBERTVILLE
PETITION TO INSTALL SANITARY SEWER AND
MUNICIPAL WATER SERVICE; REQUEST TO ASSESS COSTS
TO ABUTTING LANDOWNERS AND WAIVER OF APPEAL RIGHTS
The undersigned landowners (referred to collectively as
"Landowners"), all of whom own property in the City of Albertville
which will be served by the proposed N.E. Sanitary Sewer and
Municipal Water Extension Project (as shown on the attached Exhibit
A), hereby petition that said sanitary sewer and municipal water
extensions be installed to serve the Landowners' land, and that the
Landowners be assessed 100% of the cost of the improvements (but
minus any trunk costs applicable to other landowners), including
construction costs, cost of easements, engineering fees, bonding
fees and expenses, attorney's fees, and other costs incurred by the
City of Albertville relating to said extensions.
Further, it is understood by and between the Landowners and
the City of Albertville that the construction improvements will
benefit the property. Landowners agree that. the benefit to the
property will be greater than the cost of construction of the
improvements described above.
Further, Landowners hereby waive any objection to being
assessed loot of the cost of the project (minus any trunk costs
applicable to other landowners) against the properties identified
below. It is anticipated that said assessment shall be spread over
several years.
Landowners hereby waive their right of appeal to the District
Court herein, pursuant to Minnesota Statute 429.081.
Further, the spreading of the assessment against the above
described property shall be in the best interest of the City of
Albertville. The assessment shall be against the properties owned
by Landowners.
Further, Landowners guarantee the payment of the assessment
due and payable in each and every year or at any time thereafter,
and hereby agree and consent to all of the stipulations contained
herein.
Dated , 1997
OWNER DESCRIPTION OF PROPERTY
PIDI
PID1
PID,I
PIDI
PIDI
PIDI
PID,f
67F
CITY OF ALBERTVILLE
COUNTY OF WRIGHT
STATE OF MINNESOTA
RESOLUTION # 1997- 15
RESOLUTION DIRECTING PREPARATION OF PLANS AND SPECIFICATIONS
WHEREAS, a resolution of the City Council adopted on the 6th
day of May, 1996, ordered the following improvement:
The improvement and realignment of Wright County Highways
37 and 19, along with accompanying utility, sidewalk and
other work related to the improvement, all in the City of
Albertville, Minnesota;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF ALBERTVILLE# WRIGHT COUNTY, MINNESOTA:
1. The City Engineer is hereby requested to prepare plans and
specifications for the making of such improvement;
ADOPTED BY THE CITY COUNCIL OF THE CITY OF ALBERTVILLE THIS 3RD DAY
OF MARCH, 1997.
Mark Olson, Mayor
ATTEST:
Linda Houghton, City Clerk
MEMORANDUM
90
TO: GARY HALE, CITY ADMINISTRATOR, ALBERTVILLE CITY COUNCIL
FROM: MIKE COURI, CITY ATTORNEY
SUBJECT: HIGHWAY 19 & 37 IMPROVEMENT; PARTICLE CONTROL EASEMENT.
DATE: FEBRUARY 24, 1997
The City will need a temporary easement (but no permanent
easement) from Particle Control as part of the Highway 19 & 37
improvement project. I have met with Norm Arns, one of the owners
of Particle Control to discuss the easement, and we have reached an
agreement on how Particle Control should be compensated. The
attached letter explains how the $366 value of the temporary
easement was derived.
By basing the easement value on the Peterson appraisal, the
City will avoid the approximately $600 cost of obtaining an
appraisal for the Particle Control property. In addition, by
arriving at an agreement with Mr. Arns, the City will be able to
dismiss Mr. Arns from the condemnation litigation immediately.
I recommend that the Council authorize the payment of $366 to
Mr. Arns as general partner of N.J. Partnership (the owner of the
Particle Control property) in exchange for the required temporary
easement.
1
(06
MEMORANDUM
TO: GARY HALE, CITY ADMINISTRATOR, ALBERTVILLE CITY COUNCIL
FROM: MIKE COURI, CITY ATTORNEY
SUBJECT: ALL METRO BUILDER'S VIOLATION
DATE: FEBRUARY 24, 1997
Via letter dated February 18, 1996, Mr. Kevin Mealhouse has
informed the City that the 2nd floor of the All Metro Builders
property (5667 Main Ave.) is currently being used for office
purposes, in violation of the City's zoning ordinances (see
attached letter). As you may recall, this property is currently
zoned residential, although the first floor has for several years
been used for office purposes. The second floor was used for
residential purposes until sometime last summer, when the current
owner attempted to use that floor for office purposes.
The use of the first floor as office space is currently
classified as a legal, non -conforming use. A non -conforming use
cannot be expanded, and thus, the second floor cannot be converted
from residential (which it was last summer) to commercial, as Mr.
Mealhouse has currently observed its use. As you may also recall,
the owner of this property recently requested a rezoning of this
property back to a commercial use, which was denied by the City
Council. The landowner was notified on August 8, 1996 that the use
of the second floor area as any use other than residential was
prohibited under Albertville's zoning ordinance.
I suggest that our office be authorized to send the owner a
letter demanding that the use of the second floor as office space
cease immediately, and requesting that the owner let the City
Administrator inspect the second floor for compliance with the
ordinance. If the landowner fails to comply, the City must decide
if it wants to prosecute the owner in Court.
If the City wants to enforce its ordinance with regard to this
property, it will likely have to prosecute the owner of the
building for a violation of its zoning ordinance. This prosection
would be a criminal prosecution, most likely as a misdemeanor, with
a fine up to $700 (if the Court chooses to award a fine that high),
or imprisonment up to 90 days (Courts rarely send someone to jail
for this type of offense) or both, plus the cost of prosecution
(again, assuming the Court will award attorney fees). Should the
City choose this route, I suggest that the City have the Sheriff
cite the owner for a violation of the ordinance.
The cost of enforcing the ordinance can vary significantly
1
depending upon how far the court action proceeds. If the landowner
agrees to plead guilty and to cease violating the ordinance early
in the process, the cost could be only a few hundred dollars. If,
on the other hand, the landowner takes the case through a full
trial, the cost could exceed $1,000. If found guilty, the Court
may require the owner to pay some of the City's expenses, but the
amount is clearly within the discretion of the Court.
An alternative enforcement option would be to attempt to
obtain a temporary restraining order and an injunction against the
use of the second floor as any use but residential. This option is
very time consuming and expensive, and is best used for violations
which pose an immediate health/safety violation. It is a civil
remedy, not a criminal remedy. I do not recommend the civil remedy
in this instance.
2
FED-18-97 FRI 09:36 AM CITY OF ALBERTVILLE 612 497 3210 P.01
February 18, 1996
Mr. Garrison Hale
Zoning Administrator
City of Albertville
Dear Mr. Hale,
It is my understanding that the City Council of the City of Albertville denied
the request for the rezoning of the property at 5667 Main Ave., and that the
building could only be used for residential 0009PRAcy on the upper 1eve1, sad
offce use on the ground teveL Because I live adjacent to the property, I have
observed that the upper level is, and has for the past savoral months beam
occupied as office space. What I understood the City Planner say at the
public heating on July 9.1996 is thst this is a direct violation of the Cities
Zoning Ordinance and should be dealt with immediately. Please inform me if
I have misunderstood ibis sidratiom, or inform we of the action the City
proposes to take regarding this violation. Thank you for your
response to this matter. as ttte neighborhood is awaift the outcome ofthis
matter.
Sincerely,
Kevin Mealhouse
5697 Maim Ave.
Albertville, MN.
cc: Michael Couri
City Attorney
61
MBMORANDUX
TO: GARY HALE, CITY ADMINISTRATOR, ALBERTVILLE CITY COUNCIL
FROM: MIKE COURI, CITY ATTORNEY
SUBJECT: PURCHASE OF RIGHT-OF-WAY FOR HIGHWAY 19 & 37 PROJECT.
DATE: FEBRUARY 24, 1997
Last fall, the City Council approved the appraisals for the
Highway 19 & 37 improvement project, and authorized the City to
obtain options on the properties. To date, we have obtained
options from Kenco (Pilot Land), Center Oaks (also Pilot Land),
Beatrice Roden, Clem Marx and the Barthels. All options call for
the City to pay the appraised price for the land. We have not
obtained options from DJs, Andy Savitski, Diane Vinge or the
Petersons, although we are still actively working with several of
these landowners.
At this point I would like the Council to authorize the
purchase of the lands for which options have been obtained. The
proceeds from the Highway 19 & 37 bond issue would be used to fund
these purchases, and the amounts per the appraisals are as follows:
Kenco $11,000
Center Oaks $ 2,600
Beatrice Roden $ 3,900
Clem Marx $15,350
Betty & Don Barthel (Parcel 25) $13,450
Betty & Don Barthel (Parcel 26) $ 3,725
All parties from whom we have obtained options will be dismissed
from the condemnation litigation.
F4
02-26-1997 10:39PM FROM Radzwill & Couri Law Offi TO
49732100 P 2
f
CITY OF ALBERTVXLLS
COUNTY OF WRIGHT
STATE OF MINNESOTA
AXSOLUTION # 1997- .16
t
ims" O UTION AUTMORI2ING TEE PURCBA88 OFI IMP
FOR I19PAOVMM Or COUNTY HIGHWAYS It' '& 37,
• iI I .
WERPAW,:the City has approved appraisals Od ha•authorized
City Staff 'to. obtain options on all properties' xequ.. for the
Cqun y Highway 19 & 37 improvement project; and
WABREASv City Staff has obtained several options exercisable
at'r spective appraisal prices;
NOW, THEREFORE, BE IT RESOLVED BY THE 306BOTYILLB CITY
CORN IL, WRIGHT COUNTY# MINNESOTA:
1: City Staff is hereby authorized to exerdiso:options to
purchase' land from the'following owners ait the following
prices:
Kenoo $11,000
Center Oaks $ 21600 !
Beatrice -Roden $ 31900
Clem Marx $15,350
Batty & Don Barthel (Parcel 25) $13,450
Betty & Don Barthel (Parcel 26) $ 31725
2.
OF
ity Staff is authorized to acquire a temporary easement from
.J. Partnership for $366.
D. BY THE CITY COUNCIL OF THE CITY OF ALAZRTVXLLE I,THIS 3R16 DAY
C8, • 1997..
Mark Olson, MAyor
i
i
Koughton, City Clerk
_JONES ! TEL:612-474-8202 Feb 26,97 0:40 No. 01 P.01
f
1
- 1
Wilca�� .
AN10,01 St4 i. PIES
Y7.;•ii'�? v
' MOM 612,474.9?0 • ►atc flsftAf4,N1H
U95 owwopha {egad BacCW04 Mir9W OW $W1 f
February 25, 1997
Mr. Gary Hale
' City Administrator
City of Albertville
5975 Main Ave. N.E. ,
P.U. Box 9 ,
Albertville, MN 55301
Dear Gary: ,
I am. delighted to provide additional information regarding my approach to
your Strategic Planning project. This letter outlines my understanding of your
request and the project parameters, as well as a proposed a fee structure for
MY services.
As you know, I've designed and conducted similar planning initiatives with
over 40 Minnesota communities, a number of Fortune 500 companies, and a
variety of agricultural cooperatives. My graduate education in economics and
management, plus practical experience in the business of creating healthy
communities, has positioned me well to work with community governance
and "planning projects such as yours. `
As T understand it, the City of.Albertvillo is interested in initiating a Strategic
Planning Process that would include the mayor, city cotincil,
planning/zoning commission, and city, staff including a city planner,
engineer, and attorney. You have asked me to consider designing and .
facilitating a one -day Strategic Planning Session that will accomplish the
following, outcomes: .
• impro0ed communication and cooperation among elected officials
• articulation of the' city's long-term vision and mission
• alignment of,near-term strategies and actions with the long-term
focus
'roonsulting for . personal and organizational effectiveness ' X' training facilitation training design coaching strategic planning
JONES ! TEL:612-474-8202 Feb 26.97 0:40 No.001 P.02
integration of long-term visioning and planning into Albertville's
approach to city governance
• engage all participants in the above
My fee for the design and delivery of a one -day Strategic Planning Session is
$2,500 plus expenses (mileage, workshop supplies, etc.). 1 would like to
schedule a meeting with one or more representatives from the city (including
the mayor) to more clearly identify the specific outcomes and challenges we
would be addressing in the proposed session.
Thanks for your interest, and I will look forward to your response.
Warm Regards,
Cynthia iicox
Northwest Associated Consultants, Inc.
U R B A N PLANNING • DESIGN • MARKET RESEARCH
MEMORANDUM
TO:
FROM:
DATE:
RE:
FILE NO:
BACKGROUND
Frankfort Town Board/Albertville - Otsego - St. Michael
City Councils
David Licht
1 June 1995
Northeast Wright County Communities - Inter -community
Communication/Coordination: Visioning Session (Outline
and Agenda)
222.01
As a continuation of the effort to build an awareness of independent activities, as well as fostering
possible cooperation on common issues, a visioning session has been agreed upon by the four
communities. The meeting will be held on 14 June at 7:00 PM to 10:00 PM in the Senior
Citizens Room at the St. Michael -Albertville High School. The entrance which should be utilized
is door "AB" on the north side of the building. This session is viewed as a critical initial step in
the identification of possible issues and activities where combined, cooperative efforts might be
possible. In contrast to our previous meeting where planning and development matters were the
sole focus of attention, the horizon will be broadened to also include administrative and
operational topics (i.e., police, fire, public works, etc.)
PARTICIPATION
Given the purpose and topics to be considered, it is expected that the City Council and Town
Board members will attend. Additionally, the clerks and administrators are also viewed as critical
participants in the session.
5775 Wayzata Blvd. - Suite 555 - St. Louis Park, MN 55416 - (612) 595-9636-Fax. 595-9837
MEETING PREPARATION
In order to make the session as productive and meaningful as possible, it is important that a
limited amount of preparation be undertaken by those attending. Each individual should take time
to identify issues and activities where a combined effort of two or more communities might
facilitate the resolution of a problem. Additionally, where areas of conflict between communities
may exist, these should also be identified and possible means whereby to resolve such matters
should be outlined.
It is important to remember that the session will not deal with actual problem solving, but rather
the means and procedures whereby issues can be confronted and addressed.
MEETING AGENDA
The basic format of the meeting is quite limited and simple. The four major items to be
considered and addressed are:
1. Joint issues and problems.
2. Individual and joint assets and opportunities.
3. Priority projects/issues to be addressed.
4. Identification of procedures and approaches for problem/issue resolution.
MEETING ORGANIZATION
So as to facilitate the active participation and discussion of all those attending, the group will be
divided. into work teams comprised of four to six individuals each. The intent is to have one
person from each community be part of each work team. These subgroups will be asked to
address each of the agenda topics and present their conclusions to the other groups. Our office
will serve as meeting facilitator and staff for the session.
Other governmental officials who have shown interest in this communication/coordination effort
and attended the first meeting have been invited to attend this next work session.
2
MEETING RESULTS AND FOLLOW-UP
Upon completion of the session, our office will prepare a summary of the meeting. To the extent
possible, we will also assist in organizing those activities which have.been generally agreed to as
matters which should be further pursued. It will, however, be. each community's own
responsibility and especially that of the respective clerks/administrators, to follow through on the
orchestration of joint meetings and activities which are to be undertaken. The full requirements
and details of this follow-up and possible future meetings will not, however, become evident until
the joint projects or issues are identified as part of the visioning session.
CONCLUSION
An outstanding opportunity is available to the Albertville, Frankfort, Otsego, and St. Michael
communities to maintain respective independence, but simultaneously undertake joint and
cooperative projects and programs which transcend jurisdictional lines. In this regard, it is fully
recognized that possible areas of inter -community conflict exist. These, however, should not be
the prime focus of concern. By addressing those topics which can be positively pursued on a
cooperative basis therd' will be benefit to all concerned. Moreover, by building . positive
cooperative relations, those areas where conflict may exist should become easier to resolve.
Prior to the meeting, do not hesitate to contact our office should there be questions. We look
forward to this meeting and what we view as an exciting opportunity for each community and the
area as a whole.
PC: Elaine Beatty
Sharry Berning
Dawn Grossinger
Gary Hale
Judie Rose
Pat Sawatzke
Mark Ourada
Mario DeMatteis
3
FRF
Northwest Associated Consultants, Inc.
AC URBAN PLANNING • DESIGN• MARKET RESEARCH
MEMORANDUM
TO: Elaine Beatty/ShF
Bernin /Dawn Grossinger/Gary Hale
FROM: David Licht �
DATE: 15 June 1995
RE: NE Wright County Communities - Inter -Community
Communication/Coordination
FILE NO: 222.01
Attached is a summary of the visioning session which was held on 14 June. Hopefully you will
provide copies to your elected officials as well as the advisory bodies in your respective
communities.
In undertaking this project, our office had several objectives. A basic intent was simply to
acquaint public officials with each other and to establish a dialogue on both a formal and informal
basis. To a significant degree, this end appears to have been accomplished. A second objective
was one of basic communication. Through the fast large group session where each community
outlined their various physical planning and development activities, a fundamental level of
awareness would appear to have been established. The third and final objective was to identify
problems and areas of common interest, and to outline possible means of joint response. The third
session involving primarily the elected officials from each community would seem to have
achieved this end.
If the efforts which have been put forth todate are to bare fruit, the respective communities will
now need to carry on with specific attempts to initiate and pursue joint activities. To a major
extent, the burden of maintaining this momentum will rest with each of you. There most certainly
are topics such as fire protection, policing services, sewer and water systems and the like which
can be aggressively undertaken. We sincerely hope that you take up this challenge and begin
immediately to institute action.
We would also suggest, that through your leadership, consideration be given to holding broad
based inter -community communication sessions on an annual or semi-annual basis. These could
be part social and part "business" meetings which would hopefully continue the basic contacts
which have now been established. To the extent that our office can assist with such matters, we
5775 Wayzata Blvd. • Suite 555 - St. Louis Park, MN 55416 • (612) 595-9636-Fax. 595-9837
are most certainly available. Moreover, I believe the County Commissioners who have positively
contributed to efforts thus far would also be available if they could be of service.
In closing, I would like to thank you for your help in organizing and coordinating the activities
we have just completed.
PC: Judie Rose
Pat Sawatzke
NORTHEAST WRIGHT COUNTY COM AUNITIES
(ALBERTVILLE/FRANKFORT/OTSEGO/ST. AUCHAEL)
INTER -COMMUNITY CON %IMCATIONS/COORDINATION
MEETING SUlVIMARY
VISIONING SESSION
14 JUNE 1995
ST. NUCHAEL/ALBERTVILLE HIGH SCHOOL
BACKGROUND
Through the perspective afforded by providing community planning services, Northwest
Associated Consultants (NAC) identified a growing coordination need and commonality of
problems between the bordering Wright County communities of Albertville, Frankfort, Otsego
and St. Michael. This prompted an initial meeting between the respective Town Board Chair and
Mayors which resulted in an agreement to undertake a basic effort at communication and
coordination involving.the four jurisdictions. A broad base meeting involving the elected and
appointed officials and staffs from each community was held on 10 May 1995. At this- meeting,
each community made a presentation of the various planning and development activities and
problems which it was experiencing. Through this fundamental communication effort, neighbors
became more aware of common area -wide issues and concerns.
The session devoted to communicating respective individual community activities also served to
Jay the basis for the second meeting involving fundamental strategic planning. The details of this
second session are highlighted in the following summary.
ORGANIZATION AND PARTICIPATION
The session was attended by twenty-two individuals (excluding session staff), comprised primarily
of elected officials. The two Wright County Commissioners representing the area as well as
senior administrative staff persons from each community comprised the majority of other persons
participating in the session.
The group was divided into four work teams, each with a mix of community representation. This
sub -group approach was utilized to facilitate the active involvement of all persons attending the
session. From the sub -groups, a rotating spokesperson presented the conclusions which had been
formulated by the four groups in each of the topic areas listed below.
SESSION SAY
I.
H.
Individual/Joint Community Problems/Concerns/Issues � ��
The four sub -groups were first asked to identify what were the primary issues and concerns
which the involved communities are confronting which could be possibly approached on
a cooperative, inter -community basis. A summary of the items identified is as follows
(this is not a priority listing):
1. Sewer availability and service extensions
2 Water availability and extensions
3. Fire protection
4. Road maintenance and plowing
5. Economic development
6. Annexation (border disputes/cooperation)
7. Police protection/service
8. Administrative/purchasing services
9. Inter -community communication
10. Public works - equipment/materials/storage sharing
11. Recreational/school facilities development and maintenance
12. Storm drainage controls/systems
13. Road capacities and improvements
14. Civil defense planning/implementation
15. Library facilities
16. Professional services availability/costs
17. Solid waste disposal/cleanup days
18. Animal control
Area Assets and Opportunities
In contrast to problems and issues being confronted, the participants, through their sub-
groups were asked to identify what positive features, characteristics and opportunities are
available in the Northeast Wright County area. The intent of this aspect of the session was
to identify the positive assets upon which the four communities can expand and build.
Again, in a non -priority order, the items identified were:
1. Quality of life
a. Good schools
b. Good natural environment
C. Low crime rate
d. Annual civic festivals/events
2. Country, small community setting and atmosphere
2
3. Good access
a. I-94
b. Close to metropolitan area
C. Local road systems
4. Recreational opportunities - natural and man-made
5. Inter -community relations
a. Private and civic groups (extensive)
b. Joint water
C. Joint sewer
d. Wright County services and cooperation
6. Strong planning background and concern with proper development
7. Economic development
a. Good commercial industrial base
b. Metro phone system
C. Available labor force
d. Land available for development
8. Relative low taxes
M. Areas of Possible Cooperative Efforts
In order to facilitate further combined projects and programs between several or all of the
participating local units, the sub -groups were asked to identify possible issues which
should be jointly pursued at this point in time. It was generally concluded that the
responsible parties initiating such actions should be the respective elected bodies and they
should likely designate one or more of their members as well as senior staff to be involved
in the various inter -community actions which may be pursued. Th topic areas on which
cooperative efforts should be further pursued through coordinating committees were
identified as:
1.
Sewer
2.
Fire
3.
Solid waste/composting
4.
Economic development
5.
Freeway access/street planning
6.
Parks and recreation
7.
Storm drainage
8.
Police
3
SESSION WRAP UP
In closing, note was made that the Cities of Albertville and Otsego are undertaking several border
area discussion sessions prompted by a recent Minnesota Municipal Board order. Mr. Terry
Merritt, the MMB Executive Director, has agreed to serve as meeting facilitator/mediator and will
also make a presentation at the first session scheduled for 19 June of the various inter-
governmental cooperation examples which have been established in the State. Officials from
Frankfort and St. Michael were invited to attend this meeting for informational purposes.
As it pertains to the four communities and this present effort of inter -community cooperation and
communication, the responsibility for continuing the process now rests with the respective
communities and their officials and staffs. Each community should have a better idea of what
neighboring jurisdictions are undertaking and confronting as well as a knowledge of common
interests and concerns. Moreover, a number of basic areas of common interest where cooperative
efforts are possible have been established. For the betterment of each individual jurisdiction as
well as the area as a whole, attempts should be made to undertake and aggressively pursue these
opportunities for joint and combined services or problem confrontation. Not to be overlooked are
possible State grants which may help expedite and achieve end results.
n
W
NORTHEAST WRIGHT COUNTY COMMUNITIES
PLAN/PROJECT BRIEFING SESSION
7:00 PM 10 MAY 1995
ST. MICHAEL ALBERTVILLE HIGH SCHOOL CAFETERIA
(North.Parking Lot - Door B-D)
7:00 PM*
I.
Opening Remarks - David Licht
7:05 PM
II.
Presentation: Albertville - Introduction -Mayor Mike Potter
7:35 PM
M.
Discussion/Questions
7:45 PM
IV.
Presentation: Frankfort - Introduction -Board Chair Bob Turnquist
8:15 PM
V.
Discussion/Questions
8:25 PM
VI.
Presentation: Otsego - Introduction -Mayor Norm Freske
8:55 PM
VII.
Discussion/Questions
9:05 PM
VIII.
Presentation: St. Michael - Introduction -Mayor Roxanne Packa
9:35 PM
IX.
Discussion/Questions
9:45 PM
X.
Visioning Session - David Licht
A. Need
B. Schedule
9:55 PM
XI.
Concluding Remarks - David Licht
10:00 PM
XII.
Adjourn
* T"unes are approximate. Presentations are scheduled for 20 to 30 minutes maximum. This
will allow the meeting to conclude at a reasonable hour yet permitting coverage of each
community.
For advanced information contact David R. Licht, Northwest Associated Consultants, Inc., 5775
Wayzata Boulevard, Suite 555, St. Louis Park, MN 55416 (595-9636).
NORTHEAST WRIGHT COUNTY COMMUNITIES
(ALBERTVII.LE/FRANKFORT/OTSEGO/ST. NUCHAEL)
INTER -COMMUNITY COMMUNICATIONS/COORDINATION
VISIONING SESSION
14 JUNE 1995
Name ('om Position_ _
Participants:
Suzanne Ackerman
Sharon Anderson
Stan Barthel
Elaine Beatty
Sharry Berning
Mike Bruner
Mark Daleiden
Ken Duerr
Larry Fournier
Norman F. Freske
Dawn Grossinger
Vern Heidner
Linda Houghton
Wayne Kessler
Curt Muyres
Judy Roden
Judie Rose
I. G. Roskaft
Pat Sawatzke
Bob Turnquist
Greg Vetsch
Kevin Zachman
Staff:
Otsego
Albertville
Frankfort
Otsego
Frankfort
St. Michael
Frankfort
St. Michael
Otsego
Otsego
St. Michael
Otsego
Albertville
St. Michael
Albertville
Albertville/Otsego
Wright County
Otsego
Wright County
Frankfort
Frankfort
St. Michael
Council
Council
Board
Clerk/Zoning Administrator
Clerk
Council
Board Chair
Council
Council
Mayor
Clerk
Council
Clerk
Council
Council
Resident
Commissioner
Planning and Zoning
Board
Board
Board
Council
David Licht, Northwest Associated Consultants, Inc. Facilitator
Daniel Licht, Northwest Associated Consultants, Inc. Assistant
I
la.
MEMORANDUM
TO: GARY HALE, CITY ADMINISTRATOR, ALBERTVILLE CITY COUNCIL
FROM: MIKE COURI, CITY ATTORNEY
SUBJECT: PROPOSED SENIOR HOUSING TIF
DATE: FEBRUARY 25, 1997
Steve Fenies has recently submitted an application for a
senior housing development. As part of his application, he is
asking that the City establish a housing Tax Increment Financing
(TIF) district under which the tax increment from some of the
housing development would be "captured" and would be used to pay
some of the development expenses incurred by the developer. The
TIF is proposed to be a "pay as you go" TIF, in which the City does
not issue a bond but merely reimburses the developer for
development costs as the tax revenue is received by the City.
The particulars of a housing TIF are complex. Steve Bubel of
Kennedy & Graven has recently sent the City a letter regarding some
of the details of the proposed TIF (see attached letter dated
February 25, 1997).
The senior housing development would require two different TIF
districts. The first TIF district would be set up on the rental
housing, assuming that this housing met the strict "qualifying"
criteria as evaluated by the state. This type of TIF would not
carry any "penalty" (either a Local Government Aid [LGA] penalty or
a "local match" requirement).
The second TIF district would be set up on the "for sale"
housing. This TIF would not be a "qualifying" district and would
thus require the City to provide some funding (called a "local
match", usually about 10% of the total tax increment captured) or
to have the City's LGA reduced in an amount approximately 30% of
the tax increments generated by this TIF. The approximate amount
of the penalty cannot be estimated until further information
related to the valuation is obtained from the developer.
Staff is in the process of compiling all necessary information
(including the financial impacts upon the City from either of these
TIFs) so that this issue can be brought to the Council for a
decision, probably at the next Council meeting.
Should the Council desire to establish either of the TIF districts,
at least one special meeting would be required.
1
470 Pillsbury Center 's
200 South Sixth StreetKennedy
1
Minneapolis MN 55402
(612) 337-9300 telephone
(612) 337-9310 fax
e-mail: attys@kennedy-graven.com
CHARTERED
STUN J. Basv[.
Aaomay at Law
Direct Dial (612) 337-92n
February 25, 1997
Garrison Hale
City of Albertville
5975 Main Avenue NE
Albertville, MN 55301
RE: Housing Tax Increment District
Dear Gary:
I understand that the City of Albertville is considering a proposal for a senior housing project to be
financed in part with tax increment financing. Mike Couri asked me to explain to explain the rules and
limitations that would apply for such a project. As I understand the facts, the project would involve partly
rental units and partly owner -occupied units. It would be built at a site that is essentially vacant. I also
assume the property has not qualified for "greed acres" tax treatment in any of the past five years (see
comments below if this assumption is incorrect).
In this circumstance, the most advantageous choice would be to create two housing tax increment districts:
a "qualified housing district" that is exempt from state aid loss, for the rental component; and a regular
housing district, for the owner -occupied component, which would qualify for an exemption from aid loss
if the City agrees to make a local contribution to project costs. (Note: if the property has qualified for
green acres status in the past five years, the City may only create a qualified housing district; the owner -
occupied district could not be created at all.)
The "qualified housing district" status is available only if tax increment is used solely to assist
development of a rental housing facility that receives, or is eligible to receive, federal low-income housing
tax credits. Tax credit eligibility means that at least 40 percent of the units are occupied by persons or
families with no more than 60 percent of area median income, or 20 percent are occupied by persons or
families with no more than 50 percent of median income. and rents in those units do not exceed 30
percent of the maximum income -for those units. Even if the project does not actually receive tax credits
(which requires an allocation from the state), the facility will be eligible for "qualified housing district"
status if the income and rent restrictions described above are met. The limits apply during the entire life
of the tax increment district.
If the proposed rental lousing will meet these tests, a qualified housing district could be created, along
with a separate tax increment district for the owner -occupied housing. Tax increment from the qualified
district could be used only within that district; it could not be transferred over to the owner -occupied
district. However, increment from the owner -occupied district could be used in the qualified district.
The owner -occupied district must meet a different set of income limits: at least 95 percent of the units
must be initially purchased by persons or families with no more than 100 percent of area or state-wide
8JB117915
AL141-23
Garrison Hale
February 25, 1997
Page 2
median income (whichever is greater) for one and two person households, or 115 percent of median
income for any larger households. These limits apply only to the first buyer of the homes.
To avoid state aid loss created by the owner -occupied district, the City may elect to make a local
contribution towards project costs in the amount of 10 percent of the annual tax increment. These costs
must be paid from unrestricted City funds, and may not be paid from tax increments or payments from
a developer. The costs must be used for some aspect of the housing project. which could include public
improvements, but the contribution may not be used for any activity the City would have undertaken
absent the project.
If the rental facility will not meet tax credit requirements, there is still another option the City could use.
A single housing tax increment district would be possible including both the rental and the owner -occupied
housing, if the rental housing meets a more limited income restriction: at least 50 percent of the units are
occupied by persons or families with no more than 80 percent of area median income. There are no rent
limits. The owner -occupied units would have to meet the same income test for first-time buyers described
above.
This single district would not be a qualified housing district, but would be eligible for the local match
option described above. The local match would be larger in this case, because it would be 10 percent of
the increment from both the rental facility and the owner -occupied facility.
Whether one or two districts is created, the duration of each district would be 25 years after the date of
receipt of the first increment (though the City could terminate earlier if desired). Also, the tax increment
from any of these districts would be restricted to the typical tax -increment eligible costs, such as land
acquisition, site improvements and public improvements. For the rental housing only. another alternative
is that the tax increment could be used to finance an "interest reduction program" operated by an HRA
(or an EDA using HRA powers). Under this program, tax increment may be used to finance the interest
cost on private construction financing for rental units. However, the increment may be used for only 15
years, rather than the full 25 years that otherwise applies for housing districts.
This is a lot of information to digest. Let me know if you have follow-up questions for need any
additional information.
Ve ly yours.
Step L Bubul
cc: Mike Couri
SJB117915
AL141-23
FEB 11 '97 13:13
p 'Z
Engineering and Men.uf
8800 XYLON AVENUE NORTH, SPOOK
(012) 425.9331 PAX, (f
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luring Company
PARK, MINNESOTA 65446
42&9332
TO: Z-Z&QA
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FROM:nfdr-,P
COMPANY:-e/rt
'HONE: (612) 425-9331'
DATE: ;2
FAX
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FEB 11
All fields are needed frot.n'*,May1.:- August 15 1997
St-PlichaeL119A. Center
STIVIA Youth Raiseball Association
Softball Field # 2 Fields are needed
Koufax Field 3 -.Monday, Tuesday,
Albertville Q#V Park
Field is needed Tuesday, Wednesday'and Friday evenings.
We would also Ilk* to use it on Monday -eVenimp when the Knights of Columbus
don't have games scheduled.
P.2
7C
CITY OF ALaE TVILLE
RESOLD. IOLR #1997-11
WS MERE, the Albertville City Council is desirous of closing
city funds based on recommendations of the City Auditor Kern,
DeWenter, Viere.
NOW, THEREFORE, BE IT RESOLVED that, the City Council of
Albertville, Wright County, Minnesota, hereby orders that the
following actions be taken effective December 31, 1996:
t:
Fund
202
Fund
101
$42,939.89
Fund
411
Fund
400
$ 5,128.07
Fund
412
Fund
400
$13,116.04
Fund
413
Fund
300
$ 5,626.78
Fund
417
Fund
400
$ 2,259.14
Fund
419
Fund
400
$ 409.02
Fund
420
Fund
400
$ 1,598.98
Fund
425
Fund
400
$ 556.31
PASSED BY THE CITY COUNCIL OF THE CITY OF ALBERTVILLE THIS 3rd DAY
OF MARCH, 1997.
Mark S. Olsen, Mayor
ATTEST:
Linda Houghton, City Clerk
%F
February 21, 1997
TO: City Council
FROM: G.L. Hale, City Administrator
SUBJ: RESOLUTION ESTABLISHING UNIFORM ATTENDANCE REQUIREMENTS
AND APPOINTING ALTERNATES FOR ADVISORY BOARDS, COMMISSIONS
AND COMMITTEES
You will find with this memo a resolution that was sent
to me as an example of something the city may want to
adopt setting standards for attendance for its various
boards, commissions and committees.
The policy follows pratices that I have seen in other
communities. It eliminates questions on how to deal
with the situation of non-attendance. You will notice
the policy is brief, straight forward and easy to
understand.
This matter comes up from time to time and since we
have a model to work from, I would like to recommend
serious consideration to such a policy while we don't
have the problem.
An ordinance may be preferable to a resolution but either
way, such a policy would/could be useful.
CITY OF ALBERTVILLE
COUNTY OF WRIGHT
STATE OF 1' I ESOTA
RESOLUTION NO. 1997-12
RESOLUTION SETTING UNIFORM
REQUIREMU AND APPOINTING ALTERNATES
FOR ADVISORY BOARDS& COMISSIOM
1 1 COMMITTEES :r: ESTABLISHED BY THE CITY COUNCIL
WHEREAS, the City Council believes it to be important and in
the best interest of the City to set uniform attendance
requirements and appoint alternate members for advisory boards,
commission and committees.
NOW, THEREFORE, BE IT RESOLVED that:
1. Any member of an advisory board, commission or committee
established by the City Council may be removed from office -with or
without cause by a 4/5 vote of the entire City Council.
2. Any member of an advisory board, commission, or committee
who missed three (3) consecutive meetings or a total of one-third
of all meetings in a calendar year, due to unexcused absences,
shall automatically be removed from office without City Council
action, and the City Administrator shall notify the member of his
or her removal. Excused absences include: a serious personal or
family medical condition, death in the immediate family, or
unanticipated work -related committees. It shall be the duty of
each member to notify the staff liaison or recording secretary if
the member is unable to attend a meeting.
3. One alternate member shall be appointed by the City
council to advisory boards, commissions, and committees. The terms
of office for alternate members shall be for one year. Alternates
are encouraged to attend all meetings and take part in discussions.
Alternate members shall act as regular voting members in the
absence of any regular member.
4. This resolution is effective upon its adoption and shall
apply to all existing advisory boards, commissions, and committees
and to those appointed in the future, unless specifically exempted
by the City Council.
ADOPTED BY THE CITY COUNCIL THIS 3rd DAY OF MARCH, 1997.
Mark S. Olsen, Mayor
Attest:
Linda Houghton, City Clerk
AD VISOR Y BOARDS, COMMISSIONS & COMMITTEE'S
ABSENTEE NOTICE
I
(Name)
absent from the
(Date)
of the was
(Name of Board, Commission, or Committee)
meeting.
I was absent from the meeting due to the following reason: (Please check one)
13 Serious personal or family medical condition
E3 Death in immediate family
13 Unanticipated work related commitment
❑ !taus— mi---- ---
MI
CITT OF ALBERTVILLE
CO�ITT OF iRtICHT
STATE OF H1110 ES4TA
RESOLUTION NO. 1997-13
1:-; 14 E01 4 --- A22 02i a 4:0:- M 2 i�#2: � 0 4 im
I1 1}' t:
704
WHEREAS, the City Council of the City of Albertville is
desirous of amending their present Personnel Policy to included a
policy for employee/volunteer recognition and service awards; and
WHEREAS, the City Council is interested in determining the
parameters for such a policy.
NOW, THEREFORE BE IT RESOLVED, that the City Council of
Albertville, Wright County, Minnesota, orders the amendment by
adding a policy on employee/volunteer recognition and service
awards into the Personnel Policy of the City as amended May 2,
1994, with the following additions:
EMP160YER /VOLUNTEER RECOGNITION AND SERVICE AWARDS
Policy:
It is the policy of the City of Albertville to recognize that
employees/volunteers are a valuable asset in service -oriented city
government and to commend employees/volunteers who have shown
loyalty, dedication and/or performance exceeding job requirements.
Comment:
SPECIFIC AREAS OF RECOGNITION:
Welcome to New Employees - The City Council wishes to
acknowledge and welcome new employees/volunteers.
Length of Service and Retirement Recognition - Employees are
eligible for a service award for each five-year interval of
continuous permanent full-time or part-time service with City of
Albertville employment and are recognized upon retirement after ten
years of service at age 55 or after any length of service at age
65.
Achievement Awards - The city recognizes employees/volunteers
whose performance substantially exceeds requirements in
contributions and accomplishments in service to the public,
community, co-workers and/or governmental organization of the City
of Albertville.
PROCEDURES:
Welcome to New EmDlovees
The city clerk/administrator shall see that new employees
receive a letter of welcome from the City Council signed by the
mayor.
Lenath of Service and Retirement Recocnition
(1) The city clerk/administrator shall maintain a current
list of service anniversaries. A listing of each department's
employees who have reached their five-year interval anniversary
during the preceding calendar year shall be provided to the
department head by January 1 of each year.
(2) The city clerk/administrator shall confirm the
anniversary for each employee in a department within five days.
(3) The city clerk/administrator and the mayor shall provide
for the appropriate certificates, plagues and gifts as follows:
5 years -
Certificate
10 years -
Certificate
15 years -
Certificate
20+ years -
Framed Certificate
Retirement -
Plaque
(4) The certificates and plaques shall be presented at an
annual award presentation ceremony, generally scheduled for the
February regular Council meeting in accordance with the section on
"Awards Presentation Ceremony" contained in this policy.
Achievement Awards
(1) Nominations for special achievement awards "for any
individual or group may be initiated by any city employee or
elected/appointed official.
(a) The nomination must provide specific data indicating
how the employee/volunteer exceeded normal requirements
of the position or activity. Endorsgments, opinions and
general performance characteristics do not in themselves
provide a basis for determining performance which exceeds
normal requirements.
(b) Award nominations should provide a short statement
which summarizes the contributions followed by specific
examples, data, etc., relating how the contribution
provided tangible (savings in time, materials, personnel
effort or other costs) or intangible (increased
efficiency, better working conditions, better service,
improve public relations, etc.) benefits to the city.
(c) The clerk/administrator/mayor shall send a reminder
of the deadline for the nominations of city
employees/volunteers by November 1 each year.
(d) The nominations should be sent to the city
clerk/administrator in a sealed envelope clearly marked
that it is an award nomination. Nominations must be
received by December 1 for consideration for the awards
presentation for that year.
(2) The city clerk/administrator shall collect the award
nominations and retain unopened for delivery to the personnel
committee.
(3) The personnel committee shall serve as the "Award Review
Committee".
(a) The Award Review Committee shall meet at least once
after December 1 and before December 31 to review the nominations
and, applying established standards to ensure uniformity of
treatment, shall determine the most deserving individual and/or
group from those nominated to receive the achievement award(s) for
that year. In this function, the committee may ask for input from
the department head or other appropriate persons.
(4) The following achievement awards shall be presented at an
annual presentation ceremony:
Individual Achievement - Plaque
Group Achievement - Plaque
Y. I . 1 � _ � I � i •. � .1� T
(1) An awards presentation ceremony shall be held in February
of each year to be presided over the city council. The ceremony
may be held in conjunction with a regularly scheduled council
meeting at the council's discretion.
(2) Awards shall be publicized in newspapers, newsletters and
other appropriate media.
ADOPTED BY THE CITY COUNCIL OF THE CITY OF ALBERTVILLE THIS 3RD DAY
OF MARCH, 1997.
Mark S. Olsen, Mayor
ATTEST:
Linda Houghton, City Clerk
HANDSOOIC FOR MINNESOTA CRIES
GrJ G l IPA PG,e7s
The governor may remove any collector,
receiver, or custodian of public moneys.
after receiving evidence that the person
has been guilty of malfeasance or nonfea-
sance in performing official duties. 70
Individuals convicted of violating munici-
pal ordinances or petty misdemeanors
remain eligible for office unless the offense
involves violation of the Individual's oath.
People lose their civil rights if convicted
of a misdemeanor, gross misdemeanor. or
felony. " Discharge restores an
individual's civil rights including the
individual's full right to hold office, except
an individual convicted of bribery or
attempted bribery can never qualify to
hold public office. 22
City officials should consult an attorney
when they are considering removal of a
public official.
Resignations
An official should sub t a resignation.
in writing to the -officer who has au
to appoint a renlacement. In cities, all
resignations should go to the council.
After receiving a resignation, etY
should pass a resolution stating that it
has received and accepiLOthe resignation
an that a vacancy exists. Except in cases
where the resignation specifies it takes
effect at a future date. it will be effective
when the council receives it. If the resig-
nation states that it takes effect on a
specified date, the vacancy occurs on that
date whether or not the council has
accepted it. To withdraw a prospective
resignation, the offer who submitted the
resignation must submit a written state-
ment of withdrawal in the same manner
as the resignation, and must submit it
before the council accepts the resignation
or before the officer authorized to receive
it has issued a written acceptance.23
Vacancies
Whatever the reason for a vacancy, the
council should fill the office as soon as
P-095911p--
When an office entailing responsibility
for handling city funds becomes vacant.
the council must provide for an examina-
tion of the retiring officer's accounts.2* if
the examination shows any shortage or
irregularity, the council must immediately
notify the retiring officer and the sureties
on the officer's bond (the insurance
company which underwrites the official
bond covering the officer). This notice
must be in writing and must go to the
officer and sureties by mail to their resi-
dences, if known.
Because the council must till vacancies
In elective offices, it must also determine
whether a vacancy exists. After investigat-
ing the facts, the council must pass a
resolution stating them and declaring that
a vacancy exists.
REASONS FOR VACANCIES
Vacancies in an elective office in a
statutory or home rule charter city may
occur for any of the following reasons: "
Death
The vacancy exists as of the date of
death unless the elected officer had not
yet begun the term of office in which case
the vacancy exists from the date the tern
would have started.
Resignation
(See previous discussion).
Removal
(See previous discussion). 28
Termination of city residency
Residence is a factual question which
the council must determine in each ease.
Voting in the city is only one indication of
residence. The office holder's intent and
availability to perform official duties are
additional criteria. A member of the
council becomes a non-resident when the
property on which the member lives is
detached from the city.
Failure to qualify for office
Failure to qualify may consist of refusal
or neglect to take oath of office. failure to
give or renew an official bond or to deposit
such oath or bond within the time prei-
scribed by law, or an indication of an
intent not to qualify. This type of vacancy
is not automatic. A newly elected official
may qualify at any time prior to the
council declaring the office vacant.
Abandonment
Whether or not an abandonment actu-
ally occurs is difficult to determine be-
84
CKWEA e
C
cause the intent of the officeholder is the
controlling factor. The attorney general,
while cautioning that this is a question of
fact, has indicated that failure to partici-
pate in the activities of the council for
three months is sufficient grounds for
declaring an abandonment of office. "
Qualifying for a second or incompatible office
Incompatible offices are any public
offices which an individual may not hold
simultaneously.
Termination of elected term
Generally, of course, the vacancy occur-
ring at the conclusion of an incumbent's
term of office is filled immediately by the
successor. If no one has been elected, the
office is filled by the incumbent until the
council appoints a successor and that
person qualifies for the office.
The recall of an elective officer to active
duty in the military service of the United
States does not create a vacancy in a
persoes office. 28
FILLING VACANCIES
In statutory cities, the council fills
vacancies in elective offices by avi;@
election.10 To
Lion namin_ the appointee and the office.
Ainalority of the council voting on the
question must pass the resolution. A
quorum must be present 90 TbP r-n1--`
ma int in who would be
eligible for el n to that office. The
council is not ob gated toAppoint any
candida a pr eated in an
election for the office.
If the vacancy occurs before the elected
officer assumes duties, the appointee's
term runs from January 1 until the next
city election. If the vacancy occurs during
the first two years of a four-year term, the
appointee serves until the next city elec-
tion when a special election Is necessary
to fill the remaining two years of the
term.91 If the next city election is in No-
vember, the newly elected councilmember
would take office the following January.
just as if it were a normal election. If the
vacancy occurs in the last two years of a
term. the appointee serves for the remain-
der of the term.
A retiring council member may not vote
on the appointment of the successor to
that vacancy. 32 However, if the retiring
member does vote on the appointment,
the appointee may still serve as an offi-
cer.33 A council member who is elected
mayor may, as mayor, participate in the
appointment to fill the vacancy on the
council. 94
If the council votes on an appointment.
and the vote results in a tie, the mayor
may make the appointment without
council approval, even when the mayor
has voted on the appointment. The mayor
may select any eligible person for the
position and does not need to choose fiom
those the council considered. The mayor
should make the appointment in writing
and file it with the city clerk. 95 When the
vacancy is for mayor and the council casts
a tie vote, the acting mayor should make
the appointment as by law that person
may perform all duties of the mayor in
case of a vacancy.
COUNCIL MEMBERS INELIGIBLE TO
FILL CERTAIN VACANCIES
City council members. including mayors
and elected clerks, may not fill vacancies
in other elective offices in the city. 37 This
rule applies even though a council mem-
ber resigns the position on the council
before the council makes the appoint-
ment. An exception to this rule is that the
council may appoint one of its members to
the office of either mayor or clerk, but in
such a case the person up for appoint-
ment may not vote. -'*
Mayor
As the head of the city, the mayor
speaks officially for both the government
and the community as a whole. In all
statutory and most charter cities, the
mayor is the presiding officer and a
regular member of the city council and
1
I
1]
COGlN1LfG
CITY OF ALBERTVILLE
C70TY OF WRIGHT
STATE OF MI10 ESOM
RESOLUTION #1996-65
CANVASSING THE (1EMEitAL ELEMOR
BE IT RESOLVED that the City council of the City of
Albertville, County of Wright, State of Minnesota, serving as the
Canvassing Board, hereby approves the results of the Municipal
Election held as November 5, 1996, as presented:
MAYOR, 2 year term, expiring January 1, 1999
Curt Muyres
330
Mark S. Olsen
433
Duane Berning
5
Sharon Anderson
2
Mike Potter
2
Jennifer Sustaek
1
Curt Hahn
1
Gordon Berning
1
Vern Thorsa
1
Don Berning
1
Undervotes
185
Total Ballots Cast 963
COUNCILMEMBERS, 4 year terms, ending January 1, 2001
Patricia Stahlberger
405
Robert Gunderson
384
John Vetsch
433
Steve Klitzka
2
Mike Potter
1
Ken Weber
1
Tim Barthel
1
Bob Rasmusser
1
Duane Berning
1
Kurt Carlson
1
Duane Koolidge
1
Larry Lee
1
Rick Wacker
1
Undervotes
690
Total Ballots Cast 963
Number of Person Registered at 7:00 PM 1,128
Number of New Registrations 269
Total Ballots Voted
963
ADOPTED BY THE CITY COUNCIL OF THE CITY OF ALBERTVILLE THIS 6TH DAY
OF NOVEMBER, 1996.
6�lj
Michael Potter, Mayor
Of MEW I
Linda -Houg1i"t-on, city
mi'm
C
r
F YOUR INFUMATICK
MISC.
In other actions, the
board:
• discussed an opportu-
nity to meet with Congress-
man David Minge on Feb.
20 at Buffalo Run Dining to
provide some input on fed-
eral legislation that could
affect the county;
• approved a Communica-
tions Committee report that
included a $5,630 project
that will involve installing
radio equipment that will
establish a less costly link
with Clearwater (The mon-
ey will come out of the
arrnunt_): and
a^ pproved a Transporta-
tion Committee report that
included a recommenda-
tion to revoke County Road
120 to the City of St. Michael
and ' ded discussion
out the posse i i
bui ing a er i ee over I.94 (east of Ave,t.
William S. Radzwill
Andrew J. MacArthur
Michael C. Couri
Megan M. McDonald
February 19, 1997
RADMILL & COURI
Attorneys at Law
705 Central Avenue East
PO Box 369
St. Michael, MN 55376
(612) 497-1930
(612) 497-2599 (FAX)
Mr. Dave Shannon
Color Sign Service, Inc.
P.O. Box 124
11096 61st Street North East
Albertville, MN 55301
Re: City of Albertville --Installation of Sign for STMA School
District.
Dear Mr. Shannon:
As you are aware, your company recently installed a reader -
board sign at the STMA School District's high school in the City of
Albertville. On October 14, 1996, the City's building inspector,
Kevin Mealhouse, informed you by letter that a building permit for
the sign had not been issued and could not be issued until
electrical and load bearing -information relating to the sign had
been provided to the building inspector. That information has not
been provided to date.
Without a building permit, the sign remains an illegally
installed sign. I have enclosed copies of the ordinance related to
the information needed by the City. Please provide this
information immediately. If the information is not provided by
February 28th, I will contact the School District and request that
the School District remove the sign.
The City would appreciate your cooperation in resolving this
matter immediately. Thank you.
Sincerely,
2-7 �-c
Michael C. Couri
RADZWILL & COURI
cc: ,-Mr. Gary Hale
STMA School Board Members
C: NUMAMER'nGENERAUSCHOOLSI
NOW MIMM COHMIT-22m
March , 1997
7:00 PM
2. SPECIAL ORDER
a. Personnel Policies
b. Staffing
C. Personnel File Review
d. Other
3. ADJOUPJ*U 'P ,
IM COtBICIL ORIENTATION
ALBERTVILLE CITY COUNCIL
March 1997
PM
2. 3PECIM OMER
a. Role of the City Attorney & City Engineer in Local
Government
b.. Engineering & Legal Overviews (Engineer/Attorney)
1) Capital Projects
- CSAH 37/19 Intersection Realignment
- Northeast Trunk Sewer & Water Main Extension
- Railroad Culvert Lowering
- WWTF Futures Planning/Action
- Minneapolis Factory Shoppes
Center Oaks/Cedar Creek Development Projects
Northwest Drainage Plan
- Other Projects
b. Administrative Services
- Personnel Policies -
- Financing Reporting/Accounting
Tax Increment Financing/Levies
- Other
GOLF COURSE CSC HMI"I
AGENDA
March 11, 1997
6:30 PM
6 : 30 PM 1. CALL TO ORDER
6:31 PM 2. SPECIAL ORDER (cazmi.ttee/Pilot)
Cedar Creek/Golf Course/Center Oaks
7:00 PM 3. ADJOURNMENT
ATTENDEES: Patricia Stalberger
John Vetsch
Howard Larson
Jim Brown
Gary Hale
Liz Stockman
PLANNING & ZONING CtISSION
March 11, 1997
7:00 PM
7:00 PM 1. CALL TO ORDER/ROLL CALL/ADOPT AGENDA
(Chair/Secretary/Commission)
7:02 PM 2. APPROVAL OF MINUTES (Ca ussion)
- Regular Meeting - February 11, 1997
7 : 0 5 PM 3. UNF INI SHED BUSINESS
a. Comprehensive Parks & Trail Plan & Policies
(Planner)
b. Proposed change of Subdivision Ordinance
regarding preliminary plats and deadend streets
(Planner)
C. Antenna - proposed ordinance #1997-2 (Planner)
d. 57th Street NE Extension (Commission)
e. Cedar Creek/Center Oaks/Golf Course (Pilot)
f. D'Aigle/Swanson Development (D'Aigle/Swanson)
8 : 2 0 PM 4. NEW BUSINESS
a. Cottages of Albertville (Feneis Brothers)
b. Other
8:45 PM 5. ADJOURNMENT (Cannission)
03MMITTEE
t':r It
.
1. CALL TO ORDER
2. SPECIAL 0PJ=
a. Snow Plowing & Ice Control Policy (12/4/95) Discuss need
for revision for contact person & direction of plowing;
and snow plow contracting
b. In -Sourcing vs. Out -Sourcing (Lawn Mowing, Crack Sealing,
Snowplowing, Pavement Marking, WWTF)
c. Equipment Maintenance & Repair
d. Other
Equipment needs
Storage needs
PW staffing
ENDEES: Mark Olsen
John vetsch
Patti Stalberger
Gary Hale
FINANCE COMITTEE
!larch 3, 1996
6 : 00 PH
2.. SPECIAL MDER
a. Dain Bosworth Investments
- $329,000 matures March 6 - Recommendation to reinvest
b. Preliminary Audit 1996 - Overview
C. Schedule 1996 Audit Report Review meeting last week in
March
d. Other
3. ADJOUUVEMW:
ATTENDEES: Duane Berning
Curt Muyres
Linda Houghton
ALBERTVILLE STAFF MEETING
February 26, 1997
9:00 AM
1. CALL TO ORDER
2. SPECIAL ORDER
a.
9:00
AM -
Highland Bank -Albertville (Sign Variance)
b.
9:30
AM -
D'Aigle Housing Development
c.
10:30
AM
- Sewer & Water Extensions (Floyd Roden, Dan
Eide, Ed Hackenmueller)
d.
11:00
AM
- Cedar Creek/Center Oaks/Golf Course (Pilot)
e.
11:30
AM -
Other
STAFF TO ATTEND: Garrison Hale
Liz Stockman
Pete Carlson
NOTE: Due to time constraints, agenda items may be
carried forward to future staff meetings.l
E
PUBLIC WORDS CJCWI�l
AG�1,QA
rebruar= 24, 1997
6 : 45 PH
2.. SPECIAL ORDER
Snow Plowing & Ice Control Policy (12/5/95) Discuss need
for revision for contact person & direction of plowing;
and snow plow contracting
3. ADJOURIO4EW
ATTENDEES: Mark Olsen
John •Vetsch
Patti Stalberger
Gary Hale
NEW COUNCIL AND PLANNING AND ZONING
MEMBER ORIENTATION
CITY OF ALBERTVILLE
AGENDA
FEBRUARY 24,1997
7:00 pm
Convene
II. Special Order
A. Introduction (all)
B. Rolle of the Planning Commission in Local Government (NAC/All)
C. Role of Staff/Consultant in Planning and Decision -Making Process (NAC)
D. Local Government Planning: An Overview
1. Comprehensive Plan
a. Legal Requirement
b. Process
C. Use
2. Comprehensive Park and Trails Plan
a. Legal Issues
b. Use
3. Other Planning Matters
a. Strategic Planning
b. Budgets
C. CIP
E. Zoning: An Overview
1. Legal Background/issues
2. Ordinance Text/Map
3. Mechanisms
a. Districts/Uses
b. Conditional Uses
C. Interim Uses
d. Variances/Appeals
e. PUD
4. Processing Procedures
a. Sixty Day Rule
b. Application Processing
C. Notices (Newspaper/Mail/Posted)
d. Public Hearings
e. Findings of Fact and Recommendations/Conclusions
F. Subdivision: An Overview
1. Legal Background/issues
2. Ordinance
3. Application Processing
4. Special Considerations
a. Development Contract
b. Fees/Deposits
C. Preliminary/Final Plat
G. Intergovernmental Relationships
1. County/City/Township
2. Annexation and Detachment/Concurrent Annexation, etc.
3. Other
H. Other Issue and Discuss Proposed/Actual Projects
Ill. Close
Attendees:
Mark Olsen, Mayor
Patti Stalberger, Council Member
Carolyn Baurer, P & Z Commissioner
Dan Robertus, P & Z Commissioner
Gary Hale, Zoning Administrator
David Licht, NAC
Others, NAC
1 PLANNING & ZONING COMISSION
February 11, 1997
Albertville City Hall 7:00 PM
PRESENT: Commissioners Jim Brown, Donatus Vetsch, Carolyn
Bauer, Howard Larson, and Dan Robertus, Zoning Administrator Hale
and City Planner Stockman
Zoning Administrator convened the meeting at 7:00 PM and
administered the oath of offices to the Planning & Zoning
Commission. Hale then moved to the annual meeting and called for
the nomination for chair, vice chair, secretary and assistant
secretary.
Moved by Larson, supported by Robertus to nominate Donatus
Vetsch for chair. All voted aye.
Moved by Vetsch, supported by Brown to nominate Howard Larson
for vice chair. All voted aye.
Moved by Brown, supported by Robertus, to nominate Carolyn
Bauer for secretary. All voted aye.
- Moved by Robertus, supported by Brown, to nominate the Zoning
Administrator or' Deputy Zoning Administrator as Assistant
Secretary, who will record the minutes, keep the records, and
process the Commission's actions on behalf of the secretary. All
voted aye.
Moved by Brown, supported by Vetsch to adopt the agenda as
presented. All voted aye.
Moved by Brown, supported by Vetsch to approve. the minutes of
the January 14, 1997, meeting. All voted aye.,
Planner Stockman requested that the chair allow some movement
to the agenda for the purposes of accommodating those present in
the audience.
Stockman presented a draft ordinance on antennas and informed
the Commissioners that the ordinance is based on the federal model.
It includes a section on antennas previously lacking in the City's
ordinances. Recommends antenna locations in Public/Institutional
Zoning Districts with the use of Conditional Use Permits in certain
specified circumstances. Satellite dishes in residential districts
would require a conditional use permit for dishes over one meter.
(Federal regulations authorize up to one meter.)
Commissioner Larson discussed towers and their danger of
collapsing. How to handle? An attorney from Larkin, Hoffman, and
Daly explained that a weak can be engineered into the tower to
0
PLANNING & ZONING COMMISSION
February 11, 1997
Page 2 of 5
prevent a large area collapse.
Chair Vetsch asked about grandfathering in existing dishes.
Planner Stockman stated they should be included in the ordinance as
pre-existing. Commissioner Larson discussed lot setbacks.
Liz Stockman moved to Commercial and Public Radio and
Television Transmitting Towers. Larson was concerned about
transmitters bleeding/interfering with local residents. Further
concerns related to Ham Radio Operators.
Commissioner Brown distributed information on "co -location"
and requested that the Commission consider the approach to minimize
the cost and number of towers.
Moved by Brown, supported by Robertus to table Ordinance No.
2500 Antenna Regulations to March 11,, 1997. Further, to
incorporate items introduced by Larkin, Hoffman & Daly, Attorneys
at Law as appropriate. All voted aye.
Steve Feneis and Terry Mick were present to discuss the
Cottages of Albertville Senior Housing for those 55 years and older
or handicapped. Proposed project scheduled for 57th Street NE and
CSAH 19 (Pilot Land Development Property).
Feneis Brothers requests from the city the following:
(1) PUD Zoning (Presently B-3 and Rl-A)
(2) Subdivide Lots (3 Lots)
(3) City Participation (TIF Housing District "pay as you go"
Due to requirements of rental units and lower rents, Feneis
would utilize a non-profit corporation coupled with .tax increment
financing required for the "For rent". Use development note.
Feneis recommends development agreement with minimum age limitation
of 55 years for rentals with no one under 18 years of age permitted
to live in the property. Build slab on grade, 1250 square foot,
double attached garage/town house owners agreement.
Steve Feneis or Feneis Realty and Investment, explained that
increases in property values above initial frozen amount goes back
to school/county/city.
Commissioner Brown was concerned with and had questions
regarding the number of units as being more than the market can
bear.
Chair Vetsch explained need for senior housing. Larson
l confirmed there was a "seniors" meeting at the Parish Center with
approximately 80 attendees with interest.
PLANNING & ZONING COMMISSION
February 11, 1997
Page 3 of 5
Commissioner Robertus expressed concerns about using prime
commercial land for housing. Brown echoed the same concerns.
Larson discussed quad -homes and can they be controlled as to
ownership mix.
Steve Feneis discussed building quad homes in other
communities. Terry Mick, a partner in the project, is constructing
quad homes in Mt..Iron (13 out of 16 sold).
Brown felt the market would take care of some problems related
to owner/rental mix. Commissioners were cautious.
Feneis stated cottage homes and town homes are "rental". Quad
homes are the "for sale". There is a community room in the rental
area with laundry facilities.
Commissioner Larson discussed the need for parking and asked
the planner. Stockman was satisfied on parking.
Steve Feneis estimated taxes on the quad homes at $1,000 per
-� unit.
Developer Feneis requested support for a TIF Housing District
with 44 units of rental property limited to seniors 55 years of age
or older.
Commissioner Brown requested an opportunity to become more
familiar with the project and develop a comfort for the project.
Moved by Larson, supported by Robertus, to recommend the
Cottages of Albertville; 44 units of Senior Housing (55 years of
age or older) to the City Council for consideration as a tax
increment financing project utilizing a "Housing District" and will
be "for rent" with the term of the district matching the bond up to
state maximum. Robertus, Bauer, Vetsch and Larson voted aye.
Brown voted no. The Motion carried.
Brown was concerned about benefits and costs of the total
project.
Chair Vetsch opened the Cedar Creek/Center Oaks/Golf Course
discussion.
Richard Harrison of Planning Design and Don Jensen of Pilot
Land Development presented "Cedar Creek Addition" using an approach
called "coving". Mr. Harrison utilized slides and floor models to
give the audience a feel for the concept of coving. Lots were more
varied, with less footage for streets so city and developer save
money and coving softens the perception of the development.
PLANNING & ZONING COMMISSION
February 11, 1997
Page 4 of 5
Don Jensen explained to use coving would require a "PUD"
zoning.
Planner Stockman was concerned about rear yards and lot lines.
Rich Harrison discussed modifying the rear yard lines to
accommodate areas of concern.
Don Jensen discussed lot size, fencing, and redrafting lot
lines to accommodate commissioners' concerns.
Liz Stockman and Richard Harrison discussed trail locations
and front yard setbacks.
Dan Robertus asked about home values, $120,000-$180,000 was
Don Jensen's response with lot sizes of 18,000+ square feet.
Jim Brown asked how the number of lots compare between
traditional and coved design. Liz Stockman stated that the number
of lots about the same.
Howard Larson and Gary Hale liked "coving". Don Jensen asked
for a "PUD" with setbacks, etc., predetermined. Lot sizes 14,500
to 18,000+. 90 lots.
Don Jensen stated builder Tony Emrich used a coved development
in the City of Centerville. Richard Harrison said coved can be
moved around to accommodate innovative ideas.
Jim Brown asked does the concept work. Richard Harrison
explained the coved concept is about three years old. The home
ownership, housing types and the like are the same as traditional.
Yards, streets, green space, etc. are new.
Consensus of Commissioners Larson, Robertus, Bauer, Brown and
Vetsch is to continue with the coved idea.
Consensus of the Commission after a brief review of the second
part of the Comprehensive Park & Trail Plan was to continue
discussion at the March zoning meeting.
Planner Stockman reviewed the preliminary platting
requirements proposal.
Stockman reviewed deadend roads and lack of access. She
distributed a proposed ordinance for consideration.
1 Don Jensen discussed accesses out of the development. When
l would approvals be stopped. What is a reasonable time?
PLANNING & ZONING COMMISSION
February 11, 1997
Page 5 of 5
Chair Vetsch discussed condemnation and need for a Findings of
Fact on 57th Street NE.
PM.
E
Moved by Larson, supported by Robertus, to adjourn at 10:26
Donatus Vetsch, Chair
Garrison Hale, Zoning Admin.