1986-06-16 CC Agenda/PacketCITY OF ALBERTVILLE
_ ALBERTVILLE, MINNESOTA 55301
PHONE: 497-3384
IV.
C
CITY COUNCIL
AGENDA
JUNE 16, 1986
CALL MEETING TO ORDER
APPROVAL OF THE AGENDA
APPROVAL OF THE MINUTES for:
June 2, 1986
June 9, 1986
June 12, 1986
DEPARTMENT BUSINESS
a. Adm$nistration
. - Income Recieved/'Bills to be Paid
- Approval of Building Permits
Permit Type of
Amount of
# Name Construction Address
Permit
27 Barthel Construction, New Home 5233 Lannon
765.10
28 Doug Psyk New Hare 11362 54th St.
685.90 ( pd •)
29 Eugene Bauer New Hare 5620 Lake
729.90 (pd.)
30 Miicbael Deadrick New Home 5547 Lannon
729.90
- Charles Capron --Representative of Minnegasco, Re:
Beaudry
2nd Addition
- Approval of Limited Beer License for St. Albert's
Festival --
June 20, 1986
b. Planning
- Public Hearing for:
• Randy Lebsock--Lot Subdivision @8:00 p.m.
Doug Psyk--Preliminary Plat Approval @8:30 p.m.
- LeRoy Berning--Final Plat Approval (Update)
c. Legal
- Barthel Insdustrial Paak Abstract (Review)
- Update on Easement needed for Psyk Addition
Make our City........ Your City
We invite Home, Industry, Business
d.
Maintenance
-
Request to have City purchase Coveralls for Work
-
Summer Youth Help- Slyvia Kilian
e.
Engineering
-
Contract Award for Buffalo Bituminous
-
Construction Work Schedule
-
Bondibg Request
• -
Update of the Wastewater Treatment Facility
-
Update of Barthel Industrial Drive
-
Call for Feasibility Studies for:
Barthel Project
Psyk 4th Addition
Park Land (Information to be used by the Park
Land Exchange Committee)
V. OTHER BUSINESS
• a.
Final Packet on the Shoreland Management Ordinance as
forwarded to the Municipal Board
b.
REMINDER --First Buget Work Meeting is Scheduled for June
23 at 7:00 p.m.
VI. CALL
TO ADJOURN
COUNCIL MINUTES
JUNE 16, 1986
The June 16th Council meeting was called to order by Mayor Jim Walsh.
Members present included Gary Schwenzfeier, Donatus Vetsch, Don Cornelius
and Bob Braun. Others present included MAureen Andrews, Don Berning,
Gary Meyer and Barry Johnson.
Minutes of the June 2nd meeting were read and approved on a motion made
by Donatus Vetsch and a second by don Cornelius. All were in favor.
Mr. Charles Capron and Mr. Ralph Connelly, representatives of Minnegasco
were present to discuss with the Council why the gas company can not
extend service into the Beaudry 2nd Addition without a deposit, because
of regulations of the Public Utility Commission which does not allow gas
companies to extend gas into future developments at the expense of existing
customers.
The Company's policy is to have a deposit put down and the entire main is
put in, without the deposit the main will have to be put in on a piece
meal basis. Maureen was asked to attach a notice to all building permits
explaining the problem and what Minnegasco can do. This notice should
have a disclaimer that it is beyond the City's control. Maureen was also
asked to contact Loren's office to have to check on the placement of
tanks in the yards.
There was also some discussion about contacting the local representatives
regarding having the disposit sitipulation re-examined by the P.U.C.
A Limited Beer License for the St. Albert's Festival on July 20th was
approved on a motion by Don Cornelius and a second by Gary Schwenzfeier.
All were in favor. The license was approved pending the City recieving
a copy of the Certificate of Insurance.
There was a motion to pay bills made by Don Cornelius and a second by
Bob Braun. All were in favor. Checks h through '-]: I
were approved.
The following building permits were approved on the following motions:
5233 Lannon for Barthel Construction -- New Home
Motion was made by Bob Braun and seconded by Donatus Vetsch. All
were in favor. (Pending payment)
11362 54th Street for Doug Psyk -- New Home
Motion was made by Don Cornelius and seconded by Gary Schwenzfeier.
All were in favor.
Council Minutes
Page 2
5620 Lake Street for Eugene Bauer -- New Home
Motion was made by Donatus Vetsch and seconded by Don Cornelius.
All were in favor.
5547 Lannon Avenue for Michael Deadrick -- New Home
The motion was made by Gary Schwenzfeier and seconded by Bob Braun.
All were in favor. (Pending payment)
Gary Meyer explained to the Council that he had just recieved the abstracts
on the Industrial Park from Barthel Construction and would be reviewing
them before the next Council meeting. He will also be reviewing the
information on the easement needed for the Psyk 4th Addition.
There was a motion to approve the purchase of coveralls for Ken made by
Don Cornelius and seconded by Gary Schwenzfeier. All were in favor.
The Council discussed leveling off dirt long open ditch out in the
Industrial Park. This dirt was piled along side the ditch last fall when
the ditch was cleaned out. Ken is suppose to check with a couple
contractors to find out what the cost will run.
The public hearing on the Randy Lebsock property was called to order at
8:00 p.m. Notices had been sent out and no one was present to object
to the lot subdivision.
There was some discussion regarding the piece of Becker property which
lays between Lebsock's property and the road (51st Street). The minutes
are to note that any future assessments should be on a per lot basis
because of this land and that any future driveway would have to be located
on the west 56.71 feet of the property which is where the property has
frontage on 51st Street.
There was a motion made by Don Cornelius and a second by Donatus Vetsch
to approve the lot subdivision. All members were in favor.
Barry updated the Council on the contract awarding to Buffalo Bituminous.
The contracts are being drawn up for signature. No action was required.
There was a resolution to Request for Bonding for the Beaudry 2nd Addition;
Barthel Residential --Phase II; Barthel Maple Hill; Barthel Manor and
Psyk's 4th Addition. The motion was made by Bob Braun and seconded by
Don Cornelius. All were in favor.
There was also some discussion regarding the frontage road in front of
Hackenmueller's. Maureen was asked to check into how other communities
assess frontage roads.
The Public Hearing on the Psyk 4th Addition was called to order. Doug Psyk
went through the plat with the Council and discussed some of the points
about the plat. There was some discussion about two outlots which are
located was of lot 3, Block 3. Doug was requested to have them notes
as Outlot A and B on the final plat. There was a motion made by Gary
Schwenzfeier and a second by Donatus Vetsch to approve the preliminary
plat with Outlots A and B. All were in favor.
Council Minutes
Page 3
The Council Minutes are to show that notices were sent to adjoining property
owners and that no one was present for the hearing.
There was some discussion about the Park Land Exchange that the City is
looking into with Barthel Construction. It has been decided that
the following items are going to have to be looked at. Appraisal of the
property (born by the developer), differences in taxs, pending and future
assessments and the size of the two propeties under discussion.
Maureen was asked to check with the County Assessor to see if they can
supply any of the information needed on the parkland exchange.
Barry updated the Council on several projects around town. The stripping
on Barthel Industrial Drive has been conpleted and the sod has been laid.
There was some discussion regarding the need to get the signs out on the
Wastewater Treatment Facility project. There was also discussion on the
storm sewer system and the sanitary sewer system.
There was a call to have Meyer-Rohlin do the Feasibility Reports for
strom and sanitary sewer systems in the Barthel Manor Addition and the
Psyk 4th Addition. All were in favor.
There was a motion to approve the Final Plat on the Maple Hills Addition.
The motion was made by Gary Schwenzfeier and seconded by Bob Braun. All
were in favor.
There was a motion made by Gary Schwenzfeier and a seconded by Don Cornelius
to approve the final plat on the Barthel Manor Addition. All were in favor.
There was request that Maureen review a article in the League magizine
regarding weed control and contact Ann Barlament regarding her yard.
There was a motion to call for adjournment. The motion was made by Gary
Schwenzfeier and seconded by Don Cornelius. All were in favor.
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CITY OF ALBERTVILLE
ALBERTVILLE, MINNESOTA 55301
PHONE: 497-3384
PUBLIC HEARING
MINUTES
JUNE 12, 1986
The contunied Public Hearing was reconvened by Acting -Mayor Gary Schwenzfeier.
Members present included Donatus Vetsch, Bob Braun and Don Cornelius,
Mayor Walsh was absent.
Others presenting included Maureen Andrews, Don Berning, Barry Johnson
and Paul Meyer.
Barry reviewed the information presented at the June 9th hearing and
then ansewered questions. After additional discussion there was a motion
made by Don Cornelius and a second made by Bob Braun to approve the Buffalo
Bituminous bid. All were in favor.
The hearing was closed on a motion made by Don Cornelius and a second by
Bob Braun. All were in favor and the meeting was adjourned.
_ *Attached is the copy of those persons attending the hearing.
Make our City........ Your City
We invite Home, Industry, Business
CITY OF ALBERTVILLE
ALBERTVILLE, MINNESOTA 55301
PHONE: 497-3384
PUBLIC HEARING
MINUTES
JUNE 9, 1986
The Public Hearing on Street Improvements (1986-1) was called to order
by Acting Mayor Gary Schwenzfeier. Members present included Donatus
Vetsch, Bob Braun and Don Cornelius, Mayor Jim Walsh was asbesent.
Other present included Maureen Andrews, Donald Berning and Barry Johnson.
The purpose of the hearing is to determine whether or not to make the
street improvements in the following areas:
* Beaudry 2nd Addition
* Barthel Residentail--Phase II
Barry went through each area and explained what would be involved in
the project.
Beaudry 2nd Addition: 36 foot wide streets
surmountable curb
subsurface drainage on 55th Street
additional catch basins located:
1. on the property line between Lake and
Lannon on 55th Street. This catch basin
will be located behind the curb.
2. on Large Avenue between 54th and 55th
Street
3. the middle of the block between 54th
and 55th Street.
Barthel Residential --
Phase II 36 foot wide streets
surmountable curb
On both of these projects an additional 12 inches of gravel will be put down
and then 3 inches of Blacktop. The blacktop will be put down at two
different times. This first 1i" lift will go down this year and the second
1"' will go down next spring once the Engineers have approved the work.
At the same time these two projects are going on 52nd Street will be black -
topped as well. This street will measure 45 feet back-to-back and will
* See attached Notice
Make our City........ Your City
We invite Home, Industry, Business
Public Hearing
Page 2
have B-6-18 curbs. The gravel base will measure 15 inches and will have
3 inches of blacktop. These materials will be laid on the same schedule
as Beaudry 2nd Addition and Barthel Residential -- Phase II.
Barry went into further explaination regarding the schedule that the
contractor had agree to in the bid. The contractor would be required
to come in and do the subsurface drainage work and catch basins as soon
as possible to get the water out of the road bed. The rest of the
construction would begin in Mid -July or early August.
Cost figures for the project is broken out in the following manner:
Beaudry 2nd Addition--55 Lots (4 $3,200.00 * a lot or $176,000.00 for the
area.
Barthel Residential --Phase II--44 Lots a $2,400.00± a lot or $105,000.00±
for the areas.
52nd Street (Barthel Industrial Park)-- $28,000.00
These figures include Engineering, Legal and Administration costs but
do not include any bonding costs.
At this point Barry asked if any of the property owners had any questions
or comments.* Jim Hennum, Gary Anderson and F.H. Schmidt all voiced their
concerns about having the work done in the Beaudry 2nd Addition.
Barry explained that with the fact that the contactor would be required to
come back in the spring of 1987 to apply the second lift on streets any
potential problems would be taken care of before the lift is applied.
Barry also explained that during construction there will be limits on
vehicles going in and out of the development in order for the contractors
to do a good job and that proper bridging of the new curb would be required
while the curb is curing to assure against break-up.
After additional discussion there was a motion made by Donatus Vetsch and
a second by Bob Braun to continue the Public Hearing until Thursday June
12, 1986 at 7:00 p.m. All were in favor.
*See attached Attendence List
CITY OF ALBERTVILLE
ALBERTVILLE, MINNESOTA 55301
_ PHONE: 497-3384
ALBERTVILLE
NOTICE OF HEARING ON
IMPROVEMENTS
IO WHOM 11 MAY CONCERN:
Notice is hereby given that the City Council of Albertville, Minnesota will
meet in the Council Chambers of the City Hall at 7:00 p.m., June 9, 1986
to consider the making of improvements to the following areas:
- 51st Street N.E. from the East Plat Boundary of Royal Addition
(approcimately 990 feet east of Main Avenue) east approximately
360 feet to Lannon Avenue N.E.
- Lannon Avenue N.E. from Slat Street north to Barthel Industrial
Drive.
- Larabee Circle from Lannon Avenue N.E. to the end of the circle.
- LaSalle Circle from Lannon Avenue N.E. to the and of the circle.
- 57th Street'N.E. starting approximately 350 feet east of Large
Avenue N.E. to the west and of plat.
- 55th Street N.E. from Main Avenue (C.S.A.H. #35) to Barthel
Industrial Drive.
- Large Avenue N.E. from 55th Street to the south approximately 170
feet.
- Lake Avenue N.E. from 55th Street N.E. to 57th Street N.E.
- Lannon Avenue N.E. from 55th Street N.E. to 57th Street N.E.
- 55th Circle from 55th Street N.E. to and of circle.
- 52nd Street N.E. from Barthel Industrial Drive and proceeding
towards the east 452.5 feet.
Improvements as proposed are to consist of final course of grav,lje, concrete
curb and gutter, bituminious driving surface and additional strom sewer.
Pursuant to Minnesota Statutes, Secs. 429.011 to 429.111 (laws 1953, ch. 3989
as amended). The area to be assessed for said improvements are the
properties abutting on said streets. The estimated cost of said improvements
is $324,000.00.
Persons desiring to be heard with reference to the proposed improvements will
be heard at this meeting
Donald Berning, City Clerk
Make our City...:.... Your City
We invite Home, Industry, Busing$$
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CITY OF ALBERTVILLE
AL.BERTVIL.LE, MINNESOTA 55301
PRONE: 497-3384
INCOME RECIEVED
JUNE 16, 1986
DOUG PSYK
BUILDING PERMIT 685.90
PUBLIC HEARING FEE 100.00
ALBERTVILLE INDUSTRIAL DEVELOPMENT CO.
3 PUBLIC HEARING FEES
EUGENE BAUER
BUILDING PERMIT
BILLS TO BE PAID
JUNE 16, 1986
GARY MEYER
STALLAND PROJECT 1,007.00
WASTEWATER TREATMENT PROJECT 209.00
PSYK ADDITION 95.00
COUNCIL MEETING 466.50
U.S. POST OFFICE
NORWEST BANK MINNEAPOLIS
G.O. IMP. 10-1-73 670.75
IMP 7-1-73 916.90
CROW RIVER NEWS
CENTURY LABORATORIES
FRANKFORT TOWNSHIP
BEAUDRY 2ND ADDITION 90.00
BARTHEL RESIDENTIAL 135.00
BOB MINKEMA
HACKENMUELLER'S
T & S TRUCKING
MAUREEN ANDREWS
MAUREEN ANDREWS (INSURANCE)
KEN LINDSAY
KEN LINDSAY (INSURANCE)
SYLVIA KILIAN
MAUREEN ANDREWS (REIMBURSEMENT FOR
IN BACKROOM)
MAUREEN ANDREWS (REIMBURSEMENT ON
GENERAL 212 MILES 46.64
STALLAND 357 MILES 78.54
DNR 158 MILES 34.76
MPCA.'108 MILES 23.76
FEDERATED CO-OP
CHOUINARDS
KILIAN'S HARDWARE
PETTY CASH
$785.90
300.00
729.90
TOTAL $1,815.80
$1,777.50
CURTAINS
MILEAGE)
44.00
1,587.65
46.23
16.49
225.00
200.00
1.67
157.50
461.41
-50.00
592.91
50.00
108.42
76.23
183.70
27.50
65.50
31.93
28.60
TOTAL
5,732.24
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CITY OF ALBERTVILLE
ALBERTVILLE, MINNESOTA 55301
PHONE: 497-3384
May 11, 1986
Mr. Bruce Ragan, Chief
Treatment Works Section
Department of the Army
St. Paul District, Corp of
Engineers
1135 U.S. Post Office and
Custom House
St. Paul, Minnesota 55101-1479
Dear Mr. Ragan:
This response is given in reply of your letter dated April 7, 1986
adressed to Mayor James Walsh of the City of Albertville. With this
correspondence the City hopes that the Corp of Engineer's concerns will be
addressed and that the project can be completed without any futher delays.
In an effort to satisfy your Office's concerns, members of the city
Council, the Mayor and myself met with the City Attorney Gary Meyer and
representatives of Meyer-Rohlin the City Engineers to discuss the points
brought forth in your letter. As a result of these meetings the City
Council requested letters from both Mr. Meyer and Meyer-Rohlin advising
the City on the legal and technical aspects of the Corp of Engineer's
request.
Instead of reiterating the point of these letters the City has
attached them for your review. The City has had ample time to review
the conditions put forth in your letter and the responses prepared by
Mr. Gary Meyer and Mr. Paul Meyer of Meyer-Rohlin and are confident that
that both letters serve as adaquate response to your concerns. It is the
City Council's feelings that it is in our best interest to take the
professional advice of the Attorney and Engineer when dealing with
legal and technical aspects such as the ones under discussion at this
time.
Make our City. . . . . . . . Your City
We invite Home, Industry, Business
Mr. Bruce Ragan
Page 2
Again the City of Albertville would like to stress that with this
letter and the fact that the Minnesota Pollution Control Agency (MPCA)
has released the project money we feel that we have responded to the
issues at hand. The City would like to believe that the points brought
forth in your letter and the MPCA's Notice of Violation have finally
been resolved and that the final phase of this project will be completed
without anymore delays.
Sincerely,
Ac( � 01 �11 C i
Maureen T. Andrews
City Administrator
Attachments
cc: MPCA - Daune Anderson
EPA - John KElley
Meyer-Rohlin
Gary Meyer
r, IEYER-ROHLIN, «,►c.
ENGINEERS -LAND SURVEYORS 1111 Hwy. 25 N., Buffalo, Minn.55313 Phone 612-682-1781
June 10, 1986
Minnesota Pollution Control Agency
1935 West County Road B2
Roseville, MN 55113
Attn: Mr. Bruce Weaver
RE: 1984-1 Improvement Project
Albertville, Minnesota
Dear Mr. Weaver:
Enclosed please find the required documents certifying the
installation of the liner, construction of the ponds, the liner
warranty and a copy of the shots taken on the pond bottom.
Please note on the enclosed plan sheet which contains the
pond bottom shots that cells 2 and 3 have 36 readings and 30
readings respectively while cell number 1 has only 11 readings.
As you are aware, Meyer-Rohlins' inspector on this job was
killed in an auto accident shortly after he surveyed the pond
bottoms. The data sheets for cells 2 and 3 were recovered from
his car, however, cell #1 data was destroyed. He reported that
all three cells met the required tolerances set by the MPCA
after his pond bottom check, so instead of reshooting the
entire pond bottom (which had 4"-6" of snowmelt/rainfall in the
pond) random locations were checked and verified.
Please contact me if you have any questions.
Sincerely yours,
M YER-ROHLIN, TUC.
arry D. Johns
BDJ:kp
cc:Corps of Engineers, c/o Fred Kelly, w/enclosure
cc:City of Albertville, c/o Maureen Andresw, Admin.
• w/enclosure
cc:E-8401-E
Thore P. Meyer. Professional Engineer Robert Rohlin, Licensed land Surveyor
POLY-AMERICA, INC.
LIMITED WARRANTY
Warranty Number: PF-113
Effective Date: 3% 8 6
POLY-AMERICA, INC. warrants each POLY -FLEX LINER to be free from defects in
materials and to be able to withstand normal weathering from date of installation
or sale, whichever occurs first, for a period of 20 years for normal use
in approved applications. This Limited Warranty does not include damages
or defects in POLY -FLEX LINER resulting from Acts of God, casualty of catastrophe
including but not limited to: earthquakes, floods, piercing hail, tornados,
or force majeure. The term "Normal Use" as used herein does not include,
among other things, the exposure of POLY -FLEX LINER to harmful chemicals;
abuse of POLY -FLEX LINER by machinery, equipment or people, excessive pressures
from any source, or stress from any source.
Should defects or premature loss of use within the scope of the above Limited
Warranty occur, POLY-AMERICA, INC. will, at their option, repair or replace
the POLY -FLEX LINER on a pro-rata basis at the then current price in such
manner as to charge the Purchaser/User only for that portion of the warranted
life which has elapsed since purchase of the material. POLY-AMERICA, INC.
will have the right to inspect and determine the cause of any alleged defect
in the POLY -FLEX LINER and to take appropriate steps to repair or replace the
POLY -FLEX LINER if a defect exists and is within the term of this Limited
Warranty.
Any claim for any alleged breach of this warranty must be made in writing,
by certified mail, to the President of POLY-AMERICA, INC. within thirty (30)
days after the alleged defect is first noticed. Should the required notice not
be given, the defect and all warranties shall be deemed to have been waived by the
Purchaser and Purchaser shall have no right of recovery against POLY-AMERICA, INC.
In the event repairs or replacements are to be effected, said repairs and replace-
ment shall not become due until the area subject to replacement of POLY -FLEX
LINER is delivered to POLY-AMERICA, INC. in a clean, dry, unencumbered condition.
This includes, but is not limited to the area being delivered to POLY-AMERICA,
INC. for repair or replacement of POLY -FLEX LINER be free from all water, dirt,
sludge, residuals and liquids of any kind.
POLY-AMERICA, INC.'s liability under this warranty shall in no event exceed
the replacement cost of the material sold to the Purchaser for the particular
installation in which it failed. Further, under no circumstances shall
POLY-AMERICA, INC. be liable for any special, direct, indirect or consequential
damages arising from loss of production or any other losses due to personal
injuries and product's liability owing to the failure of the material or
installation and no allowance will be made for repairs, replacements or altera-
tions made by the Purchaser without the express written consent of POLY-AMERICA,
INC. POLY-AMERICA, INC. neither assumes nor authorizes any person other than
an Officer of POLY-AMERICA, INC. to assume for it any other or additional
liability in connection with the POLY -FLEX LINER made the basis of the Limited
Warranty. The Limited Warranty herein is given in lieu of all other possible
warranties, either express or implied, and by accepting delivery of the material,
Purchaser waives all other such possible warranties, except those specifically
given.
POLY-AMERICA, INC. MAKES NO WARRANTY OF ANY KIND OTHER THAN THAT GIVEN ABOVE
AND HEREBY DISCLAIMS ALL WARRANTIES, BOTH EXPRESS AND IMPLIED OF MERCHANTABILITY
AND FITNESS FOR A PARTICULAR PURPOSE.
Purchaser acknowledges by acceptance that the Limited Warranty given herein
is accepted in preference to any and all other possible warranties.
The parties expressly agree that the sale hereunder is for commercial or
industrial use only.
* * * * READ BEFORE SIGNING * * * *
I hereby state I have read and understood the above and foregoing Limited
Warranty and agree to such by signing hereunder.
PURCHASER/USER Albertville Waste Water Project
LOCATION OF INSTALLATION Albertville, MN
DESCRIPTION OF INTENDED USE
POLY-AMERICA, INC.
ADDENDUM: The warranty above includes seams.
Sworn before me this the 13th day of March, 1986.
Notary Public in and for
the State of Texas
My commission espires Sept. 2, 1989.
TO
SUBJECT
MESSAGE
=EOiFpRMI, 45 468
�Jl♦ .n[ 4W SETS. Y"f
/, D� FROM
¢� PROGRESSIVE CONTRACTORS, INC.
Al. 8736 Zachary Lane
Osseo, MN 55369
(1-612) 425-4515
DATE
r
SIGNED
REPLY NECESSARY F1 REPLY REQUESTED - USE REVERSE SIDE
F 'OLY-1;MERICA Inc. 2000 W. Marshall Drive Grand Prairie, Texas 75051
800-527-3322 817-640-0640 Telex 79-2851
May 20, 1986
Mr. Barry Johnson
Meyer-Rohlin, Inc.
1111 Highway 25 North
Buffalo, Minnesota 55313
RE: Albertville Waste Water Treatment Lagoons
Dear Mr. Johnson:
The installation of the synthetic liner at
Albertville was done according to Poly -America's
recommendations. The Poly -America twenty (20)
year warranty is in effect.
Sincerely,
POLY-AMERICA, INC.
William C. Neal
Vice President of Marketing
WCN/skk
CITY OF ALBERTVILLE
ALBERTVILLE, MINNESOTA 55301
PHONE: 497-3384
June 3, 1986
Municipal Board
% Mr. Terrence Merritt
Suite 165 Metro Square Building
St. Paul, Minnesota 55101
Dear Mr. Merritt:
Please find enclosed the following items:
1. Adopted Ordinance No. 1986-2, entitled "AN ORDINANCE
AMENDING ORDINANCE NO. 1975-5 IN ORDER TO ADOPT
CONTOLS COMPLIANT WITH THE STANDARDS AND CRITERIA
FOR THE MANAGEMENT OF MUNIPAL SHORELAND AREA OF
MINNESOTA
2.. Notice of Public Hearing
3. Extracts of Minutes of Meeting of the City Council of
of the City of Albertville, State of Minnesota
4. Certification of Authenticity
5. Public Hearing Attendance List
6. Copy of Revised Zoning Map
7. Letter to Mr. Lonnie Thomas of the DNR (dated May 20, 1986)
8. Letter to Mr. Dale Homuth of the DNR (dated June 3, 1986)
These materials should show that the City of Albertville has in fact adopted
the required Shoreland Management Ordinance.
If you have any questions or need any additional information please feel
free to contact me at 497-3364. Thank you for your attention.
Sincerely,
tJ (�c
Maureen T. Andrews
City Administrator
cc: Gary Meyer
Thomas Hayes
Peter Stalland
Bill RAdzwill
Make our City........ Your City
We invite Home, Industry, Business
ORDINANCE NO. 1986-2
AN ORDINANCE AMENDING ORDINANCE NO. 1975-5
IN ORDER TO ADOPT CONTROLS COMPLIANT WITH
THE STANDARDS AND CRITERIA FOR THE
MANAGEMENT OF MUNICIPAL SHORELAND AREAS OF MINNESOTA
The City Council of Albertville, Minnesota, does ordains:
Ordinance No. 1975-5, entitled "Regulation of the Use of Land, the
Location, and the Use of Buildings and the Arrangement of Buildings on Lots
and the Density Population in the City of Albertville, Minnesota" is hereby
amended by the addition of Section 420(10B), after 420(10A) and preceding
Section 420(11):
Section 420(10B). SHORELAND OVERLAY DISTRICT REQUIREMENTS.
Subdivision A. POLICY. The uncontrolled use of Shoreland Areas affects
the public health, safety and general welfare by contributing to the pollution
of public waters, causing over -crowding of surface waters and impairing the
local tax base. The Legislature of the State of Minnesota has delegated
responsibility to the municipalities of the State in Minnesota Statutes,
Chapters 105 and 462 to regulate the subdivision, use and develop ent of
shorelands in accordance with regulations (NR 82-84) developed by the
Commissioner of Natural Resources. The City of Albertville recognizes this
responsibility and adopts the following requirements to satisfy this mandate.
Subdivision B. ADDITIONAL DEFINITIONS. In addition to the definitions
contained in Section 420(1) of Ordinance No. 1975-5, the following definitions
shall also apply within the Shoreland Overlay Districts. In case of conflict
between these definitions, the most restrictive shall apply.
(1)bg1tbg= means a structure used solely for the storage of boats
or boating equipment.
(2) Building -line means that line measured across the width of the lot
at the point where the principal structure is placed in accordance
with setback provisions.
(3) Gear -cutting means the removal of an entire stand of trees.
(4) -ster deveg,. at is considered to be a type of Planned Unit
Development and is subject to the same review criteria.
(5) JQJ means a parcel of land designated by metes and bounds
description, registered land survey, auditor's plat, or other
accepted means and separated from other parcels or portions by
said description for the purpose of sale, lease, or separation
thereof. For the purposes of these regulations, a lot shall be
considered to be an individual building site which shall be
occupied by no more than one principal structure equipped with
sanitary facilities.
-1-
(6) Ordinary high water mark means a mark delineating the highest
water level which has been maintained for a sufficient period of
time to leave evidence upon the landscape. The ordinary high
water mark is commonly that point where the natural vegetation
changes from predominately aquatic to predominately terrestrial.
The ordinary high water mark of School and Mud Lake shall be an
elevation as estimated by the Department of Natural Resources.-
(7) Manned -Unit- DevelgB=t (PLD) means a type of development which
may incorporate a variety of land uses planned and developed as a
unit. The Planned Unit Development is distinguished from the
traditional subdivision process of development in that zoning
standards such as density, height limits, minimum lot sizes and
set back requirements, may be altered by negotiation and agreement
between the developer and the municipality with notice to and
recommendation by the Commissioner of Natural Resources. PUD's
include such developments as townhouses, condominiums and
manufactured home parks.
(8) Setback means the minimum horizontal distance between a structure
or sanitary facility and the ordinary high water mark or between a
structure or sanitary facility and a road, well, highway, or
property lines.
(9) QjCL d means land located within 1,000 feet from the ordinary
high water mark of a lake, pond or flowage or within 300 feet of a
watercourse.
Subdivision C. SHORELAND MANAGEMEATr CLASSIFICATION. The protected
waters of the City of Albertville have been classified by the Commissioner of
Natural Resources as follows:
(1) Nat-iir. i0vi rmnment Lakes DNR- I . Q. #
(a) School Lake
(b) Mud Lake
(a) Otsego Creek
86-25
86-26
Subdivision D. SiORELAND OVERLAY DISTRICTS. The shorelands of the City
of Albertville are hereby designated as Shoreland Overlay Districts. These
Districts are further divided into a S-1 and S-2 Districts as shown on the
Zoning Map. The S-1 designation applies to most of the shorelands of
Albertville. The S-2 designation applies only to a small portion of the
shorelands located in and near the downtown business area. Requirements
applicable to the S-1 Districts follows: (Requirements for the S-2 District
are contained only in Subdivision G and J).
(1) Permitted -of Principle Uses. All permitted uses allowed and regulated
-2-
by the applicable zoning district underlying this Shoreland Overlay
District as indicated on the official zoning map of the City, and any
subsequent changes thereto.
(2) Qnnditiana -tkftfi.
(a) All conditional or special uses allowed and regulated by the
applicable zoning district underlying this Shoreland Overlay
District as indicated on the official zoning map of the City and
any subsequent changes thereto.
(b) Boathouses, subject to the requirements of Subdivision E. (5)(a).
(c) Public facilities located within the required building setback
area.
(3) prohibited Uses. Any uses which are not Permitted or conditional Uses
as regulated by the applicable zoning district underlying this Shoreland
Overlay District as indicated on the official zoning map of the City and
any subsequent changes thereto.
Subdivision E. KNING PFIMSIONS:
(1) - . The following standards shall apply to
all shoreland areas within the City. Where the requirements of
the underlying zoning district as shown on the official zoning map
are more restrictive than those set forth herein, then the more
restrictive standards shall apply, unless PUD variances or
conditional permits are granted.
Natural General
Environment Development
Lakes (NE) Lakes (GD)
(a) Lot Area (square feet)
(i) waterfront lots 40,000 15,000
(ii) other lots 20,000 12,500
(b) Water frontage and lot width
at building line (feet) 125 90
(c) Structure setback from Ordinary 50
High Water Mark (feet) 150
(d) Structure setback from roads
and highways (feet) 50 Federal, State, or County
35 Municipal or Private
(e) **Structure height limitation (feet)
(f) Maximum lot area covered by
impervious surface (t) 30
35
30
-3-
**Agricultural buildings are exempted.
(2) Substandard mots: Lots of records in the office of the County
Register of Deeds (or Registrar of Titles) prior to the date of
enactment of this Ordinance which do not meet the lot area and
width requirements of this Section may be allowed as building
sites provided:
(a) Such use is permitted in the zoning district.
(b) The lot is in separate ownership from abutting lands.
(c) All other dimensional requirements of this shoreland
ordinance are complied with insofar as practical.
(3) Roads and Parking_Areas: Roads and parking areas shall be located
to retard the runoff of surface waters and nutrients in accordance
with the following criteria:
(a) Where feasible and practical, all roads and parking areas
shall meet the setback requirements established for
structures in this Ordinance.
(b) In no instance shall these impervious surfaces be placed
less than 50 feet from the ordinary high water mark.
(c) Natural vegetation or other natural materials shall be used
to screen parking areas when viewed from the water.
(4) Elevation of ia►est-Floor: The lowest floor of all structures,
including basements, shall be placed at a level at least three
feet above the highest known water level.
(a) Setback requirements from the ordinary high water mark shall
not apply to boathouses, piers, and docks. Location of
piers and docks shall be controlled by applicable state and
local regulations. Boathouses may be allowed as a
conditional use provided they are not used for habitation
and do not contain sanitary facilities.
(b) On undeveloped shoreland lots that have two adjacent lots
with existing principal structures on both such adjacent
lots, any new residential structure may be set back the
average setback of the adjacent structures from the ordinary
high water mark provided all other provisions of the
shoreland overlay district are complied with.
(c) Public facilities requiring location on public waters may be
allowed as a conditional use closer than the specified
-4-
building setbacks.
(d) Exceptions to the structure setback requirements as set
forth in Subdivision E (1) hereinabove may be allowed
pursuant to Subdivision I.
Subdivision F. SHORELAND ALTERATIONS:
(1) The removal of natural vegetation shall be restricted to prevent
erosion into protected waters, to consume nutrients in the soil,
and to preserve shoreland aesthetics. REmoval of natural
vegetation in the Shoreland Overlay District shall be subject to
the following provisions:
(a) Selective removal of natural vegetation is allowed, provided
that sufficient vegetation cover remains to screen cars,
dwellings, and other structures when viewed from the water.
(b) Clear -cutting of natural vegetation is prohibited.
(c) Natural vegetation shall be restored insofar as feasible
after any construction project is completed to retard
surface runoff and soil erosion.
(d) The provisions of this section shall not apply to permitted
uses which normally require the removal of natural
vegetation.
(2) Grading and filling in shoreland areas or any alteration of the
natural topography where the slope of the land is toward a
protected water or watercourse leading to a protected water must
be authorized by a grading and filling permit. The grading and
filling permit may be granted by the City subject to the
conditions that:
(a) The smallest amount of bare ground is exposed for as short a
time as feasible.
(b) Temporary ground cover, such as mulch, is used and permanent
ground cover, such as sod, is established.
(c) Methods to prevent erosion and trap sediment are employed.
(d) Fill is stabilized to accepted engineering standards.
Subdivision G. SEKAGE TREATKW AND WATER SUPPLY.
(1) Any premises intended for human occupancy shall be provided with
hook-up to the municipal sewage treatment system, if available.
If municipal sewage treatment system is available, private on -site
sewage treatment facilities are prohibited within the Shoreland
District.
-5-
(2) If municipal sewage treatment is unavailable and private on -site
sewage treatment facilities are used, such private sewage
treatment facilities must meet the requirements of Ordinance
1985-2, Section 4, together with Minnesota Pollution Control
Agency Individual Sewage Treatment Standards, reference 6 MCAR
Section 4.8040.
(3) All existing on -site sewage treatment systems shall be eliminated
within five (5) years of the effective date of this Ordinance
provided the following criteria are met:
(a) Public sewer is available as provided for in Ordinance
1985-2; and
(b) Meets the requirements of Ordinance 1985-2, Section 4, with
respect to private wastewater disposal.
However, any on -site system that is found by the City Council or
the Commissioner of Natural Resources to be polluting public
waters or to be a public nuisance shall be eliminated within sixty
(60) days after receiving written notice of the problem from the
City.
(4) Water Supply: Public or private supplies of water for domestic
purposes shall conform to Minnesota Department of Health standards
for water quality. Public or municipal water supplies shall be
used where available and where feasible. Private wells shall be
located in a manner to be free from flooding and the top shall be
so constructed and located as to be above all possible sources of
pollution. Wells already existing in areas subject to flooding
shall be flood -proofed.
Subdivision H. SUBDIVISIONS:
No land shall be subdivided which is held unsuitable by the City for the
proposed use because of flooding, inadequate drainage, soil and rock
formations and severe limitations for development, severe erosion potential,
unfavorable topography, inadequate water supply or sewage treatment
capabilities, or any other feature likely to be harmful to the health, safety,
or welfare of future residents of the proposed subdivision or of the
community.
Subdivision I. PLANNED UNIT DEVELOPMENT (PUD):
Altered zoning standards variances or conditional uses may be allowed as
exceptions to this ordinance for PUD's provided preliminary plans have been
submitted to the Commissioner of Natural Resources for recom*ndation to the
City prior to their approval by the City and further provide:
(1) Sewage collection facilities shall be installed which are
connected to a municipal sanitary sewer.
-6-
(2) open space is preserved through the use of restrictive deed
covenants, public dedications or other methods.
(3) The following factors are carefully evaluated to ensure the
increased density of development is consistent with the resource
limitation of the protected water:
(a) suitability of the site for the proposed use;
(b) physical and aesthetic impact of increased density;
(c) level of current development;
(d) amount of current development;
(e) levels and types of water surface use and public accesses;
(f) possible effects on over-all public use.
(4) Any commercial, townhouse, condominum, manufactured home park,
recreational, community or religious facility allowed as part of
the planned unit development shall conform to all applicable
federal and state regulations including, but not limited to the
following:
(a) licensing provisions or procedures;
(b) waste disposal regulations;
(c) water supply regulations;
(d) building codes;
(e) safety regulations;
(f) regulations concerning the appropriation and use of
protected waters as defined in Minnesota Statutes 1974,
Chapter 105; and
(g) applicable regulations of the Minnesota Environmental
Quality Board.
(5) The final plan for a planned unit development shall not be
modified, amended, repealed, or otherwise altered unless approved
in writing by the developer and the municipality, after having
been submitted to the Commissioner for recommendation.
(6) Shoreline recreation facilities, where applicable such as beaches,
docks and boat launching facilities, shall be centralized.
Subdivision J. S-2 OVERLAY DISTRICT RDQUIREM NIS. With all lands
designated on the Zoning Map as S-2 (Supplemental Shoreland Overlay District)
-7-
only the following requirements shall apply:
(1) All provisions of the underlying zoning district(s) shall apply in
the S-2 Overlay District.
(2) All requirements contained in Subdivision G (sewage treatment and
water supply) of this Ordinance shall apply in the S-2 Overlay
District.
Subdivision K. NOTIFICATION PfCCED(IlS:
(1) A copy of the notice of a public hearing to consider a variance,
inconsistent plat, ordinance or amendment, conditional use,
rezoning in the Shoreland Overlay Districts shall be sent to the
Commissioner of Natural Resources for receipt at least ten (10)
days prior to such hearing.
(2) A copy of all amendments to this ordinance, all plats, and final
decisions granting variances or conditional uses within the
Shoreland Overlay Districts shall be sent to the Commissioner of
Natural Resources(or receipt within ten (10) days of the amendment
or final action.
Subdivision L. ZGNING MAP. The Zoning Map is hereby amended to include
the Shoreland Overlay Districts' boundaries in accordance with this ordinance
and 420(2) of Ordinance No. 1975-5.
Adopted by the City Council this ►�, day of J ` ,-'z , 1986.
Donald Berning, City Clerk
Att7
Walsh,_Ma
Published in the Crow River News --- , 1986.
-8-
CITY OF ALBERTVILLE
ALBERTVILLE, MINNESOTA 55301
PHONE: 497-3384
ALBERTVILLE
NOTICE OF PUBLIC HEARING
PLEASE TAKE NOTICE that a public hearing will be held by the
Planning Commission of the City of Albertville on May 229
1986 at
8:00 p.m. for the purpose of amendineddin Ordinance
thereto Section7420 5-5
(Regulation of the Use of Land), by 9
entitled "Shoreland Overlay District Requirements"
PLEASE TAKE NOTICE that a public hearing will be held by'the
City Council of the City of Albertville on June 2, 1986 at 7:30 p.m.
for the purpose of amending
Ordinance
No. 5ttt
ion
of Use of Land), by dddding thereoSection420(108)eniled"Shoreland
Y
Overlay District Requirements".
(A copy of said Oidinance is available at City Hall during regular
business hours for review.)
Donald Berning, Clerk '
City of Albertville
Published in the Crow River News , 1986.
Make our City........ Your City
We invite Home, Industry, Busineu
Extracts of Minutes of Meeting of the City Council
of the City of Albertville, State of Minnesota
Pursuant to due call and notice thereof, a regular
meeting of the City Council of the City of Albertville, Minnesota,
was duly held at City hall in slid City, on Monday, June 2, 1986,
at 8:09 o'clock P.M.
The following Council members were present:
Mayor James Walsh, Gary Schwenzfeier, Donatus Vetsch, Donald Cornelius, and
Robert Braun
and Cis following were absent:
None
Council Robert Braun introduced and read the following
It. . T. ... .
•'•gip I M i� •"�• M • I • "I �I' •
IN ITAND II Oil bDol
V Vol
was duly seoo xW by Council member Gary Sd werufeier, and upon vote
being taken therem, the following voted in favor thereof :
and the following voted against the saw:
wherovon said resolution was declared duly Passed and adopted.
M
CERTIFICATION OF AUTHENTICITY
SATE OF 14INNESO►TA )
) ss.
COUNTY OF WRIGHT )
I, the undersigned, being the duly qualified and acting
City Clerk of the City of Albertville, Minnesota, do hereby
certify that the attached copy of Ordinance is cmT red, true
and correct oopy of an ordinance (No. 1986-2, entitled, "AN
ORDIKUCE SING ORDIN;a4CEW. 1975-5 IN GIRDER TO ADOPT CCUTROM
CCIap-LIANT WITH THE STANDARDS AND CRITERIA FOR THE MANAGDEZU Cffi
MUNICIPAL SAND AREAS OF NMZMSOTA," duly adopted by the City
Council of the City of Albertville an June 2, 1986, at a meeting
thereof duly called and held, as on file and of record in my
office, which Ordinance has not been amended, modified or rescinded
since the date thereof, and which Ordinance is in full force and
effect as of the date hereof, and that the attached Extract of
Minutes as to the adoption of the Ctdinance is a true and accurate acoo
account of the proceedings taken in passage thereof.
WITNESS My hand and the seal of the City of Albertville,
this 2nd day of June , 1986.
(Seal)
City Clerk
le
I
CITY OF ALBERTVILLE
ALBERTVILLE, MINNESOTA 55301
PHONE: 497-3384
May 20, 1986
Mr. Lonnie Thomas
Department of Natural Resources
Division of Waters
P.O. Box 370
St. Cloud, Minnesota 55302
Dear Mr. Thomas:
Please find enclosed a copy of the revised draft of Albertville's Shoreland
Management Ordinance. The City Attorney has reviewed the ordinance and has
requested some changes from Dale's draft. Your office should have a copy
of the Draft Dale sent me, please review the changes and contact me if you
have any questions.
I would also like,to inform you that the Planning Commission will be holding
its Public Hearing'on Thursday May 22, 1986 at 8:00 p.m. and the Council
has scheduled their Hearing for June 2, 1986 at 8:00 p.m. Both of these
meetings are going to be held at City Hall. I will forward an approved
copy of the Ordinance to Dale so that he can seek official state approval.
If you have any comments or question regarding the draft please feel free
to call me, Maureen Andrews at 612-497-3384. Thank you for your help
while Dale is gone.
Sincerely,
�__
) ) lou j ) cc/ tcu,�j
Maureen T. Andrews
City Administrator
Make our City........ Your City
We invite Home, Industry, Business
w
CITY OF ALBERTVILLE
ALBERTVILLE, MINNESOTA 55301
PHONE: 497-3384
June 3, 1986
Mr. Dale Homuth
Department of Natural Resources
Division of Waters
P.O. Box 370
St. Cloud, Minnesota 55302
Dear Mr. Homuth:
Please find enclosed a copies of the following materials:
1. Adopted Ordinance No. 1986-2, entitled "AN ORDINANCE
AMENDING ORDINANCE NO 1975-5 IN ORDER TO ADOPT CONTROLS
COMPLIANT WITH THE STANDARDS AND CRITERIA FOR THE
MANAGEMENT OF MUNICIPAL SHORELAND AREAS OF MINNESOTA
2. Notice of Public Hearing
3. Extracts of Minutes of Meeting of the City Council of
the City of Albertville, State of Minnesota
4. Certification of Authenticity
5. Public Hearing Attendance List
6. Revised Zoning Map
As you will note the Albertville City Council followed your recommendation
and changed the language of Subdivision G, Section 2 by deleting-- together
w1tM-6erti�+iadieRe�-e€-Watdrat-Resee�eee-�egd�eteAe-wbe�e-epp}ieable and
added together with Minnesota Pollution Control Agency Individual Sewage
Treatment Standards, Reference 6 MCAR, Section 4.8040, as per our phone
conversation on June 2, 1986.
In addition, the following changes were made:
1. Subdivision E, Section 1, Subpoint a(ii)
Changed 10,000 to 12,500 to bring the amendment into
conformance with the rest of Ordinance 1975-5.
2. Subdivision E, Section 1, Subpoint b
Changed 75 to 90 to bring the amendment into conformance
with the rest of Ordinance 1975-5.
The City Council would to request that the Department of Natural Resources
Make our City.. ...... Your City
We invite Home, Industry, Business
set the Ordinary High Water Mark and forward a copy to the City so that
in the event that any development occurs along the lakeshore we will
have the Ordinary High Water Mark for reference.
Finally, the City Council would ask that you would contact the Municipal
Board and let them know that the City of Albertville has adopted the
required Shoreland Management Ordinace.
If there are any additional questions or y4ou need to contact me on any
matter, please feel free to call me at 497-3384. I would like to thank
you for all the help that you have given us in getting our ordinance
adopted.
Sincerely,
Maureen T. Andrews
City Administrator
cc: Gary Meyer,'City Attorney
Municipal Board
File Copy
�rl�SnTATE OF
LJ �J LJ V IEZ Q)�IrG"�
DEPARTMENT OF NATURAL RESOURCES
--� PHONE NU_ ______
DIVISION OF WATERS FILE NO
P.O. Box 370
St. Cloud, MN 56302
(612)255-4278
June 3, 1986
Maureen T. Andrews
City Administrator
City of Albertville
Box 131
Albertville, MN 55301
Dear Ms. Andrews:
REVIEW OF ALBERTVILLE SHORELAND ORDINANCE
As you requested, I have reviewed Ordinance No. 1986-2 relating to Shoreland
Management within the City of Albertville. It is my opinion that this Ordinance
meets or exceeds the minimum "Standards and Criteria for the Management of
Municipal Shoreland Areas of Minnesota".
I intend to recommend that the Commissioner of Natural Resources certify State
_ approval of this Ordinance in accordance with Minnesota Statutes, Section 105.485,
Subd. 6.
The concerns I expressed in my 03/31/86 letter to the Minnesota Municipal Board
have been satisfied.
Sincerely,
Dale E. Homuth
Area Hydrologist
hh
c: Minnesota Municipal Board
Wright County Zoning
St. Paul Waters
Regional Hydrologist
AN EQUAL OPPORTUNITY EMPLOYER