1992-03-10 PC Agenda Packet
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AGENDA
PLANNING & ZONING COHMISSION
HARCH 10. 1992
1:00 P.H.
I.
CALL MEETING TO ORDER
II.
APPROVAL OF THE AGENDA
APPROVAL OF THE MINUTES
* February 25, 1992
III.
IV.
RE-ZONING PROPOSAL
* Dayle Veches - Review Survey
Public Hearing 3/24/92 at 8:15 P.M.
V.
PRELIMINARY PLAT - DISCUSSION
* Doug Psyk
Public Hearing 3/24/92 at 7:15 P.M.
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VI, RE-ZONING REQUEST
* Dennis Fehn
Public Hearing 3/24/92 at 8:00 P.M.
VII. WESTWIND FOURTH ADDITION
* Proposed Plat
Public Hearing 3/24/92 at 7:30 P.M.
VIII. OTHER BUSINESS
* Planning Commission Vacancy
Applications: John Vetsch
Tim Phillips
* New Application for Planning Commission
IX. ADJOURN
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NOTICE OF PUBLIC HEARING
PROPOSED PLATTING OF
PYSK'S FIFTH AND SIXTH ADDITIONS
To Whom It May Concern:
Notice is hereby given that the Planning and Zoning Commission
of the City of Albertville, Wright County, Minnesota, will meet in
the Council Chambers of the Albertville City Hall, 5964 Main Avenue
NE, Albertville, Minnesota 55301, the 24th day of March, 1992, at
7: 15 PM to hear, consider and pass upon all written and oral
objections, if any, to the proposed platting of property to be
known as Pysk' s Fifth and Sixth Addi tions, and wi thin an area
legally described as:
Part of the Southeast Quarter of the Southwest Quarter of the
Northeast Quarter of the Southwest Quarter and part of the
Northwest Quarter of the Southwest Quarter of Section 1,
Township 120, Range 24, Wright County, Minnesota.
All persons desiring to be heard in connection with the
consideration of the above mentioned proposed plats are hereby
requested to be present at said meeting to make their objections,
if any, to said action.
By Order of the City Council
Linda Houghton
City Clerk
cc: Michael & Elizabeth VanDeBerg
Herbert A. Scherber
Carla L. Isler
James & Patricia Walsh
Terry R. & Colleen M. Harrington
Bryan Carlson
Robert A. & Kay L. Ferrian
Banner Homes, Inc.
Richard P. & Nancy A. Bistodeau
James L. & Karen M. Zachman
Timothy J. & Kathleen L. Philips
Douglas P. & Beatrice E. Psyk
Harry G. & Edna L. Weber
Michael L. & Carmen J. Kolles
Steve D. & Joan M. Panuska
James & Delores Hennum
Clemens Marx
Robert & Christine Heuring
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NOTICE OF PUBLIC HEARING
ON REZONING REQUEST
FOR DENNIS FEHN
City of Albertville, Minnesota
To Whom It May Concern:
Notice is hereby given that the Planning and Zoning Commission
of the City of Albertville, Wright County, Minnesota, will meet in
the Council Chambers of the Albertville City Hall, 5964 Main Avenue
NE, Albertville, MN, the 24th day of March, 1992, at 8:00 PM to
hear, consider, and pass upon all written and oral objections, if
any, to the proposed rezoning from R-3 (Residential Single and Two
Family District) to I-2 (General Industrial District), for the
following legally described property (Dennis Fehn, property owner):
Section 01, Township 120, Range 24, Wright County,
Minnesota. Unplatted land - N. 208.7 feet of the S 416.4
feet of E 208.7 feet of E 1/2 of SE 1/4, except Track
described in Bk 293-50.
All persons desiring to be heard in connection wi th the
consideration of the above-mentioned rezoning are hereby requested
to be present at said meeting to make their objections, if any, to
said action.
Linda Houghton
City Clerk
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NOTICE OF PUBLIC BEARING
PROPOSED PLATTING OF
WESTWIND FOURTH ADDITION
To Whom It May Concern:
Notice is hereby given that the Planning and Zoning Commission
of the City of Albertville, Wright County, Minnesota, will meet in
the Council Chambers of the Albertville City Hall, 5964 Main Avenue
NE, Albertville, Minnesota 55301, the 24th day of March, 1992, at
7: 30 PM to hear, consider and pass upon all wri tten and oral
objections, if any, to the proposed platting of property to be
known as Westwind Fourth Addition, and within an area legally
described as:
PARCEL B
That part of the Southeast Quarter of Section 35,
Township 121, Range 24, Wright County, Minnesota, lying
south of the Burlington Northern Railroad and west of
Westwind Addition and Westwind Second Addition, according
to the plats thereof on file and of record in the office
of the County Recorder, Wright County, Minnesota.
Also, that part of the north 35.0 acres of the Northeast
Quarter of Section 2, Township 120, Range 24, Wright
County, Minnesota, lying west of Westwind, according to
the plat thereof on file and of record in the office of
the County Recorder, Wright County, Minnesota, and lying
west of the following described line: Beginning at the
southwest corner of said Westwind; thence South 0
degrees, 50' 26" West to the south line of the north 35.0
acres of the said Northeast Quarter and terminating
thereat. For the purpose of this description the south
line of Westwind is assumed to bear N 89 degree 42' 05"
E.
Excepting therefrom the following described parcel: That
part of the Southeast Quarter of Section 35, Township
121, Range 24, Wright County, Minnesota, lying south of
the Burlington Northern Railroad, described as follows:
Beginning at the southwest corner of Lot 1, Block 1,
Westwind, according to the plat thereof on file and of
record in the office of the County Recorder, Wright
County, Minnesota; thence S 15 degrees 21' 10" W, plat
bearing, along the west line of Lot 2, Block 1 of said
Westwind, a distance of 211.00 feet to the southwest
corner of said Lot 2, Block 1; thence N 74 degrees 03'
45" W, a distance of 224.00 feet; thence N 84 degrees
53' 00" W, a distance of 363.50 feet; thence N 0 degrees
16' 43" E, a distance of 356.00 feet; thence N 7 degrees
45' 35" E I a distance of 116.66 feet; thence N 24 degrees
00' 00" E, a distance of 195.00 feet; thence N 29 degrees
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11' 06" E, a distance of 83.00 feet to the southerl y
right of way I ine of Burl ington Northern Rai I road; thence
S 60 degrees 48' 54" E along said right of way line, a
distance of 730.00 feet to the northeasterly extension
of the west line of said Lot 1, Block 1; thence S 28
degrees 49' 50" W along said northerly extension and
along the west line of Lot 1, Block 1, a distance of
293.00 feet to the point of beginning. Containing 9.44
acres and subject to the right of way of Wright County
state Aid Highway No. 37 over the northeasterly 66.00
feet thereof.
All persons desiring to be heard in connection wi th the
consideration of the above mentioned proposed plat are hereby
requested to be present at said meeting to make their objections,
if any, to said action.
By Order of the city Council
Linda Houghton
City Clerk
cc: School street Development
Roman Becker
Beatrice Roden
J. Philips Construction Co.
Quality Builders, Inc.
LDK Builders, Inc.
Burlington Northern Railroad
Sylvester Kolles
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Sohoel Street Development
P.O. Box aGa
Elk River, MN 65330-0368
Roman Becker
5171 La Beaux Ave. N.E.
Albertville, MN 55301
Beatrice I. Rodsn
5963 La Beaux Ave. N.E.
Albertville, MN 55301
J. Phillips Construction Co.
(6215 62nd St. N.E.) Property Address
11512 Crow - Ha.sen Park Rd.
Ro,ers, MN 55374
Quality BUilders, Ino.
(6180 62nd Street N.E.) Property Address
P.O. Box 143
Albertville, MN 55301
LDK Builders,
(6164 Kalenda
14225 Highway
PlYlllouth. MN
Inc.
Lane)
55
55447
Property Address
Burlington Northern Railroad
Division Ottioe
176 E. 5th Street
St. Paul, MN 55101
Sylvellter Kolles
10487 65th Street N.E.
Albertv!lle, MN 65301
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Attaohment A
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ALBERTVILLE CITY COUNCIL
March 2, 1992
Albertville City Ball
7:30 PM
PRESENT: Mayor James Walsh, Councilmen Duane Berning, Mike
Pot ter and Mark Barthel, Ci ty Attorneys Bi 11 Radzwi 11 and Mike
Couri, City Engineer Thore Meyer, City Clerk Linda Houghton
Mayor Walsh called the regular meeting of the Albertville City
Council to order.
The Council reviewed the.' agenda and made the following
additions under Community Forum:
Rob Ferrian - request for on-street parking
Dennis Fehn - discuss office addition to current building
and under Administration:
Bids for the sale of the used computer
Potter made a motion to approve the amended agenda.
seconded the motion. All voted aye.
Barthel
Barthel made a motion to direct Ken Lindsay, Working Foreman
in the Maintenance Department, to attend the first regular Council
meeting of the month. Berning seconded the motion. All voted aye.
Mike Couri explained that Rod Fraser has been out of the
office for the past two weeks and, therefore, the agreement with
Fraser Steel has not been finalized yet. The follow-up sheet from
the February 18, 1992, meeting was approved on a motion Berning,
seconded by Potter. All voted aye.
Berning made a motion to approve the minutes of the February
18, 1992, regul ar Counci I meeting. Potter seconded the motion.
All voted aye.
The Council reviewed Ken Weber's letter of complaint dated
February 25, 1992, regarding all eged improper sump pump
inspections. Weber requested that the Council direct the clerk to
register this compl aint in each of the maintenance employee's
files. Weber told the Council he personally knows of several other
houses that were not inspected. Counci lman Berning told the
Council he has spoken with the maintenance employees and they told
him they did not, in fact, visually inspect every house. Potter
requested that a letter be placed in the personnel files of both
maintenance employees stating that the Council was mislead and
reports to the Council were falsified. Berning stated that lying
to the Council and falsifying reports should be grounds for
suspension without pay if it occurs again.
Weber presented the Counci I wi th signed statements stating the
maintenance department did not visually inspect their sump pumps
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from Kevin Roden, Mark Weber, Ken Evavold, and Jeff Chounard.
Mayor Walsh stated that he believed that the maintenance foreman
should reinspect these houses on his personal time.
Attorney Radzwill told the Council that the employees must be
notified in writing of the complaint against them. The City Clerk
should be directed to prepare a staff report on the incident, which
will be available only to the City Council. The clerk will
investigate the charges and the staff report should document the
facts of the case only. The employees must be notified that they
have the option of requesting a closed hearing to discuss the
matter with the Council.
Potter made a motion directing the clerk to inform the two
employees involved of the situation and to prepare a staff report
detailing the facts in the situation for the Council to consider
on April 6, 1992. Barthel seconded the motion. All voted aye.
Tom Wiswell, 5696 Main Avenue NE, reported that he has had
several sewer back-ups at his home. He asked the Council what
steps were being taken to correct this si tuation. The Counci 1
explained that they are currently working with he city engineer
and the MPCA to correct problems in the wastewater system.
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Wiswell also explained that he has a problem wi th storm
drainage in his back yard. Water flows from the street, over the
curb and into his yard. The Council directed Thore to inspect the
area and make a recommendation to the Council on what needs to be
done to correct the problem.
Rob Ferrian, 5449 Lambert Avenue NE, requested permission to
park his vehicles on the street in front of his home, because his
driveway has not been completed and the driveway is nearly
impassable. The Council directed Linda to contact the Wright
County Sheriff's Department notifying them that the Council has
granted Ferrian an exception that allows his cars to be parked
overnight on Lambert Avenue NE.
Dennis Fehn addressed the Council on his request for a grading
permit to remove approximately 40,000 cubic yards of dirt from the
Eicher property. Because Thore was not in attendance at the time,
the Council decided to table this discussion until the engineer is
present.
The Council reviewed the report on the fire at the skating
rink warming house. The Council agreed to have the maintenance
department remove the stove and the fuel from the warming house as
soon as possible and to lock and board the entry into the warming
house.
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Because the Planning and Zoning Commission did not follow
legal procedures in selecting a candidate to fill the vacancy on
the Commission, the Council tabled action on the appointment until
a legally valid recommendation from the Commission is presented.
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Barthel made a motion to adopt RESOLUTION '1992-10 amending
the 1992 Fire Department budget by moving the $3,200 budgeted in
account #101.422.000.574.130 (Capital Outlay Air Packs) to
account #101.422.000.574.120 (Capital Outlay - Turn-Out Gear),
pending an official written request from the Fire Chief. The total
dollar amount budgeted in #101.422.000.574.120 (Capital Outlay -
Turn-Out Gear) will be $5,700. Potter seconded the motion. All
voted aye.
Mayor Walsh asked the Council to make a clarification of how
the closed meeting scheduled for later this evening was determined.
The consensus of the Council members present was that the closed
meeting was schedul ed because each of the Counci I fel tit was
necessary.
Mayor Walsh stated he will no longer speak to newspaper
reporters via telephone. He will be available to the press on City
Council meeting nights and any other time he is at City Hall.
Berning made a motion to recess the public portion of the City
Council meeting at 8:55 PM, conduct the closed meeting pertaining
to attorney/client matters, and reconvene the public meeting at
9:20 PM. Potter seconded the motion. All voted aye.
PM.
Mayor Walsh reconvened the public City Council meeting at 9:25
Arlan Middleton, the City's insurance agent, explained to the
Council how the Errors and Omissions liability insurance works.
He stated that overt acts committed by the City Councilor City
employees under Council direction would be legitimate claims
against the policy. Oversights or mistakes made by the Councilor
Ci ty employees are not covered under the Errors and Omissions
policy.
Berning made a motion to request Middl eton to contact the
League of Minnesota Cities and ask that a representative of the LMC
address the full Counci I regarding insurance coverage. Pot ter
seconded the motion. All voted aye.
It was the unanimous opinion of the Council that if no
satisfactory explanations were provided by the League of Minnesota
Cities, the attorney general's office will be contacted and asked
to look into these questions.
The Council reviewed Dennis Fehn's site plans for the
excavation of the Eicher property. The Council tabled a decision
on granting an excavation permi t until after the Ci ty of st.
Michael has been notified of the proposal and been asked for their
input on the effect the excavation may have.
Attorney Radzwill advised the Council request a performance
bond from Fehn if and when the permit is granted.
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Linda was directed to invoice Fisher-Porter for the
reimbursement of the $87.40 freight bill to send the flow meter
back to the manufacturer.
Linda was directed to request the service maintenance records
on the pick-up from the maintenance department.
Berning made a motion to approve the Financial statement for
the period February 11 - February 26, 1992. Potter seconded the
motion. All voted aye.
Berning made a motion to pay the bills as presented (Check
#6189 - 6223). Potter seconded the motion. All voted aye.
Thore reviewed the memo dated February 26, 1992, that was
prepared by Thore and Frankfort Township engineer Peter Raatikka.
Barthel made a motion to accept the recommendation of the engineers
and to appoint Counci lman Berning and Counci lman Vetsch (Mayor
Walsh, alternate) to the committee to resolve the drainage problem.
Berning seconded the motion. Barthel, Berning and Walsh voted aye.
There were no "nay" votes. Councilman Potter abstained from the
vote because he owns land that would directly be benefitted by this
proposal. The motion carried.
Berning made a motion to postpone the public hearing scheduled
for April 6, 1992, at 7:00 p.m. for the purpose of reallocating the
monies from TIF districts #4, #5 and #6, until after the engineer
has compl eted his report on the wastewater treatment expansion.
Potter seconded the motion. All voted aye.
Linda presented the Council with her written recommendation
dated March 2, 1992, that Ann Bednarczyk be promoted to permanent
employee status. Councilman Potter stated that Ann has done an
excellent job putting together the ordinances that were codified.
Attorney Mike Couri stated that Ann works extremely well with the
legal department. Barthel made a motion that Ann Bednarczyk be
promoted to permanent employee status effective immediately.
Potter seconded the motion. All voted aye.
The City received two sealed bids for the sale of the old
computer. Potter made a motion to accept Kevin Mealhouse's bid of
$210.05 to purchase the computer. Berning seconded the motion.
All voted aye.
Barthel made a motion to proclaim the week of March 9th as
Girl Scout Week in the City of Albertville. Potter seconded the
motion. All voted aye.
Doug Psyk indicated that Thore Meyer has engineered all of his
plats and he wishes to continue to use Thore as his engineer for
his Fifth and Sixth Additions. He explained to the Council that
the project will fall under the 429 statutes. The Council will not
have a problem with Thore designing and engineering the project.
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Mayor Walsh reported that a Joint Powers commi ttee wi 11
conduct interviews for an engineer at City Hall on March 10th.
Potter reported that there will be a meeting to discuss the
boundary between the st. Michael-Albertville district and the Elk
River District on Thursday, March 12th at 7:30 PM at the community
center in Elk River. Linda was directed to contact the state
representative and senator to advise them of the meeting.
Barthel made a motion to adjourn at 11:00 PM. Potter seconded
the motion. All voted aye.
James A. Walsh, Mayor
Linda Houghton, Clerk
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CITY OF ALBERTVILLE
PLANNING AND ZONING COMMISSION
APPLICATION TO SERVE ON COMMISSION
You have recently expressed interest in serving on the Albertville
Planning Commission. In an effort to fill the vacant position. we
ask that you complete this application and return to City Hall by
Thank you for your interest. Should you have any further questions
regarding this application. please feel free to contact City Hall
at 497-3384. .
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NAME:
ADDRESS:
PHONE:
Home:
Work:
PLACE OF EMPLOYMENT:
Are you available to attend Planning Commission meetings on the 2nd
and 4th Tuesday of each month? YES NO
What experience or knowledge do you possess that would be applied
to the position you are interested in?
Reasons that you would like to serve on the Planning Commission:
I hereby certify that all answers to the above questions are true,
and I agree and understand that any false statements contained in
this application may cause rejection of this application.
Applicant Signature
Date