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1988-08-15 CC Minutes . . . f CITY OF ALBERTVILLE l POBOX 131 ALBERTVILLE, MINNESOTA 55301 PHONE (612) 497-3384 GO[JNCIL MINUTES AUGUST lb. 1988 Th.-. reglllar meetIng of the AllJertvIlle CIty CouncIl wab called to order by Mayor Loretta Roden Member6 present Included Bob Braun, Don CornelIus, Donatus Vetsch and Gary SchwenzfeIer Other6 present included Maureen Andrew&, Bob MJ]ler, Bob Sullentrop and Lorle VIllareal Ken LIndsay came late at the end of the meetIng The agenda for the evenIng'& meetIng was revIewed by the eouncJl Don CornellU& made a motion and Bob Braun seconded It to approve the agenda All were In favor and the motIon carrIed The Council reviewed the minutes of the August 1st CounCIl meetIng and the August 2nd InformatIonal meeting There were no correctIons or addItions so a motion was made by Don Cornelius and seconded by Bob Braun to approve the minutes of August 1st 'vtaAe our 00 'Your (/IV ~ e 1m /Ie Home Indu~lrv BU51nt \~ . . . J All were in favor made a motion to informat10nal meeting and the motion carried Donatus Vetsch then approve the m1nutes of the August 2nd Don Cornelius seconded th1s mot10n All were 1n favor and the mot10n carr1ed Thee was no J01nt Power's update S1nce the meet1ng was not until the end of the month Bob Sullentrop updated the Counc1l on the construct10n projects currently underway with1n the City The Westw1nd project is complete except for the curb, gutter and blacktop Rain has been a b1g problem, washing out the Class 5 gravel tW1ce The project will be f1n1shed as soon as everything 1S completely dry Other than that, Westwind is meet1ng the est1mated project schedule The Council was informed that the Braun's Addition now has all the ut1lities in except the storm sewer The streets w1ll be surfaced with Class 5 gravel on Tuesday Barthel Manor has the blacktop 1n now and they are backf1lling w1th black d1rt Bob informed the Counc1l that the seal coat1ng was scheduled for later 1n the week and that Bob had agreed to allow the contractor to stockpile the extra pea rock out at the 11ft stat10n on 52nd Street provided that Ken agreed The Counc1l was informed that the damaged curbs in Barthel Manor have been repaired. It was pointed out that the repa1red PAGE 2 . area appeared a 11ttle 11ghter but that it looked real n1ce As the color blends you w111 not be able to tell where the damage was . Bob explained to the Council that the curbs on 57th and Main would not be repaired this year since Latour was replac1ng the curb 1n the Braun Addit10n 1nstead of having a subcontractor do the work It was suggested that th1s work get added to the street ma1ntenance program for 1989 Gary Schwenzfe1er quest10ned whether or not the chip in the concrete curb 1n front of Weber's (on Large Avenue) was to be repa1red as part of the street ma1ntenance program The Counc1l was informed that Ken 1S g01ng to go ahead and repair the chip as soon as he has time to do 1t The street maintenance is complete except for the sealcoat1ng wh1ch will be done th1s week A quest10n was ra1sed as to who w111 be d01ng the sealcoat1ng The Counc11 was 1nformed that Buffalo B1tum1nous had subcontracted w1th Al11ed There was also some d1scussion about the complet10n of Barthel Manor--1st Add1t1on and when the work was scheduled to be completed Bob was asked to follow up on this issue with Bowerly Brothers and find out when the work 1S to be completed No formal act10n was taken on this quest10n . PAGE 3 . . . A pay request in the amount of $27,827 14 for Buffalo Bltumlnous was presented by Bob Sullentrop This pay request does not include the recent work on overlayments for Barthel Manor or Hackenmueller-s A motion was made by Donatus Vetsch and seconded by Gary Schwenzfeler to authorlze the pay request for Buffalo Bituminous in the amount of $27,827 14 All were in favor and the motlon carr led The mlnutes should note that two pay requests for Meyer-Rohlin were included in the Councll packet for the Councll-s reVlew It was brought to the Councll-s attention that there are alot of weeds along both sides of the road on 60th Street that need to be mowed down or pushed back before the sealcoatlng is done The Councll requested that Maureen lnform Ken that the - Malntenance Department should schedule the repalr as soon as posslble Mr Sean Hancock. a representative of the Lemna Corporatlon, was present to request that he be allowed to use samples of water pulled from the Waste Water Treatment Facl1lty to test the effects of thelr product on wastewater The testing wl11 have no effect on the ponds and no resldual (or anythlng that grows) wlll be left ln the water PAGE 4 . . Mr Hancock explained that he will be uS1ng less than 2700 gallons of water in 14 indiv1dual cells He wants to use an actual wastewater pond environment and not a test situat10n to secure the real effects A floating sturdy boom system will be used and will be anchored with chains and ropes to the edge and bottom of the pond so that noth1ng will be damaged. The experiment will be finished by m1d-September or by the end of September at the maximum One chemical (one of which is used to kill algae during discharge time) will be used in one cell only, wh~ch will hold approximately 190 gallons of water Mr Hancock went on to explain that he currently has S1X projects, two of which are in Lou~s1ana and Flor~da He hopes to accomplish what effect sed1ments would have 1n action to duckweed It was also explained to the Counc~l that th~s experiment w111 be to Mr Hancock's own benefit and that there will be no cost to the City Mr Hancock expressed that there would be no problem ~n cooperating w1th the City and the City's engineers Taking into consideration the Council's concerns, Bob Miller adv1sed the Council to enter 1nto an agreement w1th the Lemna . PAGE 5 . . Corporation for protection purposes This agreement will include releasing the City from any liability, w111 g1ve start1ng date and deadline date of experiment, will state that Mr Hancock will take everything with him when he's finished and that he w111 keep a day by day log of his operat10ns It was also suggested that the eng1neer should check with the Pollution Control Agency to find out 1f 1t is all r1ght to have such an experiment conducted After careful consideration, all members of the Council agreed to allow Mr Hancock to conduct h1s exper1ment Bob w1l1 prepare the agreement between the C1ty of Albertv1l1e and the Lemna Corporation The proposed sign for Ed Hackenmueller's gas station/convenience store was d1scussed by the Counc11 next The Counc1l was informed that Ed was request1ng that he be allowed to install a second sign relat1ng to gas pric1ng at the front of the store He explained that the sign he had order would measure 12'X 9' X 20' and would 1nclude gas pr1cing 1nformat10n to attract the local customers Bob Miller pointed out that under the current s1gn ord1nance that the s1gn face is allowable but that the proposed size d1d not conform to the ordinance Under present ord1nance requ1rements the sign face can not exceed 16 square feet (or 4X4) . PAGE 6 . . . and that the City could deal w1th 1t one manner or another, 11st1ng the following as options 1 Grant a conditional use Permit to allow the s1gn because it exceeds the maX1mum requ1rement 2 Amend the text to better represent a more realistic requirement 3 Make no changes and only allow the 16 square foot sign Bob went on to explain that the Hackenmueller request fit into two sections of the Ordinance, that is the s1gns would fit under the Multiply Use sect10n of the ord1nance wh1ch allows for add1tional signage when more then one business 1S house under one roof and secondly it fits under the special requ1rements allow1ng add1t10nal signs for those in the gas stat10n bus1ness Because the bus1ness f1ts under these spec1al requ1rements and allowances Bob p01nted out that there is more flexib111ty 1n what lS allowed for signs He also pointed out that in an effort to control the sign1ng that the C1ty could enter into a S1gn PUD" of sorts which would allow the specifics of the s1gnage to la1d out There was some discussion regard1ng whether or not the C1ty wanted to amend the ordinance to allow for larger slgns or grant a variance on the requirement It was pointed out that lf a PAGE 7 . . problem is already occurring then the language needs to be changed It was suggested that the reason the gas slgns seem larger now lS that they are now offering more types of gas therefore needing more room to advertise After some addltlonal discusslon lt was agreed that the Clty would amend the ordinance to change maXlmum Slze of the face front to allow for an 80 square foot frontage lnstead of the 16 square feet set forth and to allow Ed Hackenmueller to lnstall the sign requested once the necessary lnformatlon had been provlded A motion was made by Don Cornellus and seconded by Bob Braun requesting that an amendment be drafted allowing for the change slgn frontage and to allow the Hackenmueller slgn once a sign package has been submitted and reviewed by the Councl1 All were in favor and the motion carr led Gary Barthel was present to dlSCUSS wlth the Council the issue of tree stump removal and who is responsible when the tree is on the City right of way "Dunnell Mlnnesota Dlgest" states that lf the tree was there when the easement went through it lS City property, but if the owner planted It, then the owner malntalns ownershlp of the tree and lt is hlS responslblllty to maintain and care for the tree Bob pOlnted out that tYPlcally when City's acquire easements rlghts they also acqulre the rlghts to everythlng in the easement (i e trees, sOlI, ect ) and that . PAGE 8 . in most cities the municipal1ty tYP1cally removes trees on the boulevard at their own expense, instead of re!Y1ng on the property owner Gary Barthel's tree is on the easement although it was planted by the original owner Mr Barthel 1S g1ving his consent to have the tree removed and is willing to take out one stump 1f the City will agree to taking out the other one After some discussion, the Council agreed to have the City take out one stump and cut down the rema1n1ng tree Gary w111 with the removal It was agreed to leave the removal unt11 when it's cooler The t1me lapse will also allow the new street work to settle some plus g1ve time to find somebody to help fall . take the wood the It City was suggested that 1t would be 1n the best interests of and Mr Barthel to have a liability form 61gned for protect1on purposes Don Cornel1us and Maureen updated the Counc11 on the Ma1ntenance Department S1nce Ken was not yet at the meet1ng The Burl1ngton Northern Ra1lroad Roadmaster had contacted Don Cornel1us and had agreed to make a s1te v1sit out to look at the dra1nage d1tch by the railroad tracks After the s1te V1S1t was made the ra11road company agreed that the C1ty could enter the1r property to correct the drainage problem but asked that no . PAGE 9 . . . work be done until the City had received a letter from BurlIngton Northern granting the same No problems are foreseen Dennis Fehn was contacted and It WIll take hIm approxImately 1 to 1 1/2 hours to come in with a scraper and clean out the drainage ditch by Barthel Industrial Drive and the freeway The next item discussed was that of the sale of the street sweeper Because Ken was not at the meeting at thIS tIme the dIScussIon was somewhat limited There was some dIScussIon concernIng what the City had deCIded on for a prIce The general concensus was that it was $800 or a best offer over $700 would be considered The Council next made motIons to adopt the following ordInances ORDINANCE NO 1988-5 AN ORDINANCE RELATING TO CERTIFICATE OF OCCUPANCY (COMMERCIAL AND INDUSTRIAL BUILDINGS), PROHIBITING USE THEREOF UNTIL ISSUED, AND PROVIDING A PENALTY THEREOF Gary SchwenzfeIer made a motIon to adopt OrdInance No 1988-5 Donatus Vetsch seconded thIS motion All were In favor and the motIon carried PAGE 10 . . . ORDINANCE NO 1988-6 AN ORDINANCE RELATING TO WEED ELIMINATION, ASSESSING OF COST AND PROVIDING A PENALTY FOR VIOLATION THEREOF (Claus reference to Ord1nance 1986-1) Bob Braun made a motion to adopt Ordinance No 1988-6 Gary Schwenzfe1er seconded this mot1on All were 1n favor and the motion carried ORDINANCE NO 1988-7 AN ORDINANCE RELATING TO SITE IMPROVEMENT PERFORMANCE AGREEMENTS AND SURETY Don Cornel1us made a mot1on to adopt Ord1nance No 1988-7 Bob Braun seconded this motion All were 1n favor and the motion carr1ed The discuss10n next went to the pet1t1on regard1ng the weed problem in the C1ty and the letter sent to the effected property owners Maureen requested that someone else also ver1fy the addresses of the effected owners If the CIty does the weed , el1minat1on work, the cost w1l1 be assessed back to the property owners A motion was then needed to act on compla1nts of weeds Don Cornel1us made a mot1on and Gary Schwenzfe1er seconded 1t to allow the C1ty to act on the weed complaints PAGE 11 . . . The 1ncome received and the bills to be pa1d were reviewed by the Council A question was ra1sed as to whether or not any income had been received by the City for Friendly C1ty Days J1m Walsh was to approach all the organizat10ns, however, he has not yet done so Let the minutes show that only income from the Albertville Lioness Club has been received Hear1ng no other questions or comments, Donatus Vetsch made a mot10n to approve the bills Gary Schwenzfe1er oeconded the motion All were in favor and checks 8939 through 8964 were pa1d The Mayor stated that the Counc1l had met 1n regards to the pay request for Lorie The Council agreed to a $1 00 per hour more 1ncrease The Council feels that 1S what the C1ty can afford . , at th1s t1me Maureen has not been able to reach the dog catcher, so the matter was tabled A letter has been sent by Loren Kohnen, the C1ty'S build1ng 1nspector, to Custom Canopy requesting them to clean up their bU1ld1ng s1te The Counc1l was informed that a public hearing needed to be set regard1ng Subdivision Regulat10ns Don Cornel1us made a mot10n and Gary Schwenzfeier seconded 1t to set a publ1c hearing for September 6th at 8 00 p m All were 1n favor and the mot1on carr1ed PAGE 12 . Don Cornelius made a motion to change the September 5th because of the Labor Day All were In favor and the CouncIl holiday meetIng to September 6th Bob Braun seconded the motion . motion carried The matter of junk cars was brought up again In regards to how are we going to follow up on the certIfied letters that were sent out by the City It was agreed that those persons who received letters should now be contacted by phone Then. 48 hours after phone contact, if nothing has been done. the vehIcle will be towed and the cost assessed back to the owner The CIty should decide who they will be contracting to do the tOWIng should It become necessary The first budget work meetIng was scheduled for Tuesday, August 30th at 7 p m There was no members report Ken LIndsay was present at the meetIng at thIS pOInt Ken Informed the Council that Don from DJ's was Interested In purchaSIng the street sweeper There had been no dISCUSSIon about what DJ would offer for the sweeper Ken brought to the attention of the CouncIl that he had a personal complaInt about a person that has harassed and threatened hIm because of a curb not beIng replaced Ken stated that as a citizen and a fireman he has a right to have something . PAGE 13 . . . ~ done about the situation It was suggested that the C~ty get Bob Miller's adv~ce before taking any action on this matter Ken informed the Counc~l that he will f~nd out what to use to fix the curbs The speech Ken gave at the Minnesota Wastewater Operator's AssocIat1on seminar was very well received by those who were present Hearing no other comments a motion to adJourn was made by Bob Braun and seconded by Don CornelIus All were In favor and the meet~ng adJourned '-1Y\ CUDtlli2n 'i ~~ PAGE 14 . INFomiATIONAL MKETlOO ON ())()N'I'Y DITCH NUMBER 9 AOOUST 2. 1988 Mayor Loretta Roden called the informational meeting regarding County Ditch Number 9 to order and introduced Thore Meyer of Meyer-Rohlin. who was to . present the finding of facts l"'ElSarding the storm water run off from the WES'lWIND development. The list of those attending has been attached to the back of this document. Thore explained that this meeting had been called at the County Ccmnissioner's and Ditch 9 Coamittees request so that the property owners along County Ditches Numbers 9 and 21 could hear what is being proposed for the area that had been the Michael Becker farm prior to being p.l.:rchased and developed by John-George. 100. Thore first introduced those present to the details of the plans for Phase I of WES'lWIND and the pl'OPOBal for the subsequent phases of II and III, which include the possible installation of a detention pond to hold the storm water run off. The discussion included these findings of facts: * That the developoent of WESTWIND will be COIrG?leted in phases, at which time storm sewer, streets. sewer and water will be designed to adequately handle the developnent as it ooours. . . . . INFORMATION MKETlOO PAGE 2 * That WESTWIND (Phase I) consist of 52 single-family lots, 4 IIJ.lltiple family lots and 14.2 acres of park land (Attachment A). which conBists of approximately 18 acres of land. * That approximately two-thirds of the entire plat (105 acres) drains to the south into County Ditch 9. while the remaining one-third drains northeasterly into Schcx:>l Lake. * That in designing a system that can adequately handle rain for a develo~nt the Engineers design the storm sewer system for a five year storm Thore went on to explain that it is standard engineering practice to size storm sewer system in this manner beca1 tRe of the expense involved in installation. In the event that the storm brings the water faster then the sewer system can handel it temporary ponding ooours in the street. which will then eventually drain away (typically water does not stand for more than an hour or so). * That the p.trpose of a detention pond is to hold water in a confined area until the water can drain away at the same rate it would have if the land had been left in ita natural state. This is accomplished by restricting the water and forcing it to outlet through a downsize culvert which is located at the bottom of the pond. * That the design of proposed detention pond was done only after doing the necessary calculations to determine the number of acre feet needed to adequately handle the storm water run-off from the WESTWIND developnent. The Engineers calculations indicated that the. . . . INFORMATION MEETlOO PAGE 3 pond needs to be approximately 11. 5 acre feet to detention. which can be obtained in a variety of ways. either by a large shallow pond or a pond that takes up less land mass rot is roil t deeper to retain the water. * The Engineers explained that the actual design of the pond has not . been determined rot it appears that in all likelihood the pond would be developed so that the base of the pond would be approximately 2 feet above the base of the County Ditch and would have a substantial dike system arot.md the three sides of it as well as around the entire park so not to create any hardship to the adjoining properties. (Attachment B). It is important to note that the detention pond would be done in conjunction with the park, knowina that in the event of heavy downpours the pond could have a potential to back up into the playing fields. * I t was pointed out as an example that with the dike system arot.md the pond that if water reached the top of the dike that the area would be holding some 45 acre feet or 4 times the amot.mt of water going into the ditch, which is a reality to an unlikely extreme. At this time the d1scuseion was opened for questions. which included some of the following: * Has the drainaae system been adequately designed for Fhases II and III? "'" . INFORMATION MKETIltG PAGE 4 Thore explained that the actual design of the detention pond/storm sewer system will be designed and calculated so that it will be able to handle the storm water run-off. It was also pointed out the definition of a lRI2I year storm is 6 inches of rain in 24 hours. * Harry Welter. Mayor of St. Michael expressed his City's concern regarding the i.Jr.lpact of the City of Albertville's water on Regal . Creek which runs t.hrough their corporate boundaries and asked what assurance they have that there will not be problems further down the road? . Again it was pointed out that by the use of the detention pond the rate of discharge will not cha.nae. therefore the City of Michael should not receive any additional water from the City of Albertville. It was pointed out that the basis for this statement relys on the fact that the County ditch system is cleaned and is being maintained properly by the County Board, because it falls under their jurisdiction. * The question was asked regarding how the water would be controlled?m Thore explained that the control for such a structure will be done by placing a culvert in at the bottan of the pond which would then let the water out at a prescribed rate. It was pointed out that there would be no gate valve located on the outlet to allow water to be released at a faster rate then allowed. . . INFORMATlOO MEETlt-li PAGE 5 * Someone asked what the differences in elevations would be between the County ditch. the detention pond and the tops of the dikes? The floor of the ditch ~ to be at an elevation 944 feet above sea level. the base of the pond would be constructed at approximately 946 feet above sea level and the tops of the dikes would be abcJUt 3 or 4 feet . higher then the pond (or approximately 952 feet above sea level). * The cx.>noern was expressed that work would be done and the other land owners would not know anything abcJUt it. . Arlyn Nelson. County CoDIDission. stated that under the proceedings of ditch law. any time work is done on a County ditch that the benefitting property owners UI.lSt receive notice of improvement. So those present. who are on the County ditch have the assurances that they will be aware of what is happening. * Someone questioned who would be responsible for cleaning out the ditch? I t was pointed out that the City has no control over the cleaning of a County ditch, that it would be the responsibility of the Board to arrange for the cleaning and that work would be assessed back to the benefittine property owners 'once a Redetermination of Finding had been ooq:>>leted. . . INFORMATION MEETIt-li PAGE 6 At this time Thore reminded everyone that the original p..u:'P06e for di tche6 were to RECLAIM lands for farming that wi thc>ut proper drai.na6Je would not be tillable. He al60 pointed out that these ditches were designed 60 that they followed the natural drainage ways, therefore not disrupting the laws of nature. And under current practices the ditches are also used for drainage outlet storm water J without the benefit of clear Statutory language to define what is acceptable practices. * One of the parties present pointed out that in fact the ditch is not draining properly becanse of not being cleaned out. It appears that the last time the ditch was cleaned out was in 1983. . Ar lyn Nelson pointed out that the County does not go forth with ditch cleaning unless it is requested by those that will ben.efi t from the work. * There was some questions regarding the City' s sewer 6Y6tem and whether or not the storm water run-off could go through those lines? It was explained that the WES'lWIND project would be serviced with City sewer and water, rot that it is not allowable under Minnesota Pollution Control Agency regulations to discharge storm water run-off into the sewer System. . INFORMATlOO MEETlt-li . . . PAGE 7 At this time City staff went ~ the materials which were handed out to the participates in the meeting. The packet included the followina: 1. A letter from Mr. George Yankoupe of John-George, Inc. di6CU68ing the platting of WKSTWIND (Phase 1) and its impact on Ccunty Ditch l'lunber 9. ; . 2. A letter from Heyer-Roblin Engineers-Land Surveyors which provides the findings for the basis of the Yankoupe letter; .,.-'~ l . I ' '"/ Iff 3. A portion of the minutes of the I ., ( I /\ l- I . J 1988 County Board minutes regarding the City of Albertville's assurance that to take full liability /reaponsibili ty for findinp of the Enaineer with regards to the impact of Phase I on County Ditch l'lunber 9 j and 4. The City of Albertville's RESOLOTIctI RELATIt-li TO SURFACE WATER IN WESTWIND DEVELOPMENT J which provides written assurance that the City of Albertville does indeed warrant the findings of the City Engineer and will accept liability and responsibility resul tins from surface water drainage frail proposed develo:poent as such develo:poent (first phase) impacts on Ditch lbnber 9. The resolution provides additional af;SsuranceB that as a condition of further develo:poent J the developer will need to join in a proceaa which wi'll include the interested parties (i. e. the City, Wright County, the drainage authority and the owners of 'benefitted landowners) to address the impact of Fbases II and III, including INFORMATION MEETIt-li '" . PAGE 8 physical facilities, costs and other matters relating to the proper and appropriate resolution of the drainage and discharge of surface waters into Ditch Number 9. At this time &>b Mi ller, the City Attonley. addressed the City - 13 standing on this issue. He J?Clinted out that the Council SUPJ?Clrts the findings of the Engineer and passed the resolution rP...garding this m"itter as the vote of confidence in the fUldings. He J?Clinted out that the City has never taken tihe stand that a petition for outlet should not be filed and in fact set forth assurances tJlat prior to any future platting being approved that the City will . proceed under the Statutory regulations for completing the p~-ess. The representative of the City of St. Michael stated tihat if their City was not satisfied wi th the solutions presented that they would be forced t..o stc>p the wat.er from draining through Regal Creek. He stated that no one had ever approoched them to see if they approved of the drainage plan. I t was again J?ClUlted out that the development of Wh:STWIND does not change the natural drainage flow but rather changes the rates at which the water runs. rJUt that through the controls established through the p.vening r s discuss.lonf; shcluld not have any adverse impact on the ~)ple downstrt"'..,an'l of the development. It was questioned whether or not the CUy of St. Michael was attempting to stop Alber-t,ville from developing through the prClCess of tying the drainage issue up. There was no real COll'lJlent back in reSJ?ClnBe to this statement. . INFORMATION MEETlOO . PAGE 9 At this time Bob Miller pointed out that the City of Albertville has ordered a feasibility report on the storm water drainage plan for the undeveloped areas of the City. It is the City's intent to use the findings of this study to determine which is the beat outlet for storm water run-off. In an effort to 6UDIDal'i.ze the issue at hand. Bob reviewed with the parties present that the project (Phase I) is on the table. the engineering studies no adverse :i.Jnpact on Ditch 9. the City has aareed to take the . responsibility for Phase I and the City is currently undertaking the study for future storm water drainage. He asked what IOOre needed to be done or said before the County and the land owners had enouah assurances that the City is . working in the best interest of those involved. Bob also explained that all OOIIIIlmities are faced with the problem of what to do with storm water and that in most si tuationa the problems can be resolved without hurting anyone. Some other questions that where brought up included: * Who would maintain the detention pond? The group was informed that it would be part of the City' s general maintenance progr8lll. The group was al60 informed that when the pond is drained dry that the City will keep the area IOOWed 60 not to effect the detention pond storage space. . INFORMATION MEETlt-li . . . PAGE 10 * Someone COIIIIlellted on whether or not that meant the farmers would be doubled taxes? I t was explained that the maintenance of storm sewer systems is a regular maintenance item which makes up part of the tax levy. It was pointed out that the develo:poent will aenerate additional tax dollars which in effect will ~te for any additional costs. . * Someone asked if the City was planning on lining the base of the detention pond in the same fashion as the Waste Water Treatment Facility was lined? It was explained that there was no reason to go to that expense because the p.u:pose of that liner is keep frcm contaminating the soils. Storm water run-off does not need to be separated and treated before discharging . Again the p.trpOBe of the detention pond was explained. that the reason for this type of system is to provide for short-term storage of water until the ditch or the ground around the p:>nds can take on the water. It was al60 pointed out that detention ponds are used in IOOBt cities and are accepted as a standard method of storm water removal. At this point aomeone expressed their concern that this iB6ue has been taking place without anyone knowing abcJUt it. In an effort to clarify what has happened up to thiS point. Ar lyn Nelson presented a chronolOfCY' of events. INFORMATION MEETltG . PAGE 11 1. County Officials noticed that Prelim1nary Plat for the entire WBSTWIND project showed outlet of water into Coonty Ditch tbDber 9. 2. Repxeeentativee of the City and the Developer II.Iet with the Ccunty Board to explain the proposal and atteq1ted to oaDe up with a solution which would be satisfactory to all thoee involved. 3. Arlyn Nelson called to omer the meetina of the County Ditch 9 ooardttee to review with them the issue of WBSTWIND. This meetina was held at . the Frankfort Town Hall. 4. The City and the developers II.Iet apin with the Coonty Board to discuss . and ~te them on the events to date. It was at this meetina that the City Attorney eave the City"s 8uuranoe that Albertville would take the reepoosibility of liability ..with reprde to the iIpIct of Fbase I on the Chmty ditch. 5. The City of Albertville passed the resolution aupportina the Attorney's assurances. 6. A meetina was held at the WIS'lWIND site with the Chmty Ditch 9 <X.taDittee. Arlyn NelsGn , City repreeentativee and the developers to see hands on the effects to the ditch. It was at this meetina the City agreed to hoe't the informational meetina. 7. The Information meetina was held. . INFORMATION MlmTlOO . PAGE 12 Arlyn pointed out that in order to stop the work from being done. the Cotmty would have to prove harm is being done from the result of the improvement. There would have to a diffel'P...nt finding of fact that t,he Engineer"s report is incorrect and that these CCJsts would have to be borne by those on the ditch. It was her feeling that this was not necessary. Bob Miller again stated that the City realizes that Fhase II and III have potential impact on the dit..ch and agree that before any work is done with . regards t..o these phases that the ditc'.Jl issue will have t..o be resolved. He pressed the point that this is rl9Quired in the st.at.ute af; Wf;lJ .:::1:3 heing responsibl.e as a City. He stated that this was probably just the beginning in . the way D'Jeet,ingfj n::-,garding this issue and that the City will D'jI'Ne cauti')llf;]Y in making any decisions. At this point Bob asked that the matter rJe wrapped up by a SUPPClrt of confidence in the findirJgs of the meeting. HI":: asked that anyone strongly opposed t~,') the idea indicate it by a show of hands. The notes should show that only one person raised their hand. There were no other COlT.lllents so the meeting adjoUl'Tled. ~ . " darkenwald, ine, Industrial an~ Commercial Real Estate rn .....JOI. .67 N,E, River Road River, Minnesota 55330 (612) 4jtlU~ 8, 1988 darkenwald REAL ESTATE D Wright County Auditor Wright County Courthouse Buffalo, MN 55312 Dear Sir. Re: Pial. of Westwind, City of Albertville County Ditch .9 John George Inc. entirely by John is now the owner in the Southeast Section 2-120-24. prior to Becker. is a Minnesota Business Corporation that is owned F. Darkenwald and George lJ. Yanl<oupe. The corporation of the former Mike Becker farm consisting of 105 acres 1/4 of Section 35-121-~4 and the Northe~st 1/4 of The Clemens Dehmers Est.ate was the..owner of the farm The portion of the farm within the County 9 ditch watershed was assessed for benefits when the ditch was first constructed. The farm was also included in the 1983 assessment. . An 18 acre portion of the farm was recently platted as lJestwind. The plat lies entirely withi'n the City of Albertville. It is unlikely that the platted area would use the existing Ditch 9 as an outlet since the storm drainage outlet for the portion of the plat that drains to the South would outlet onto relatively flat land at a dislance of approximately 1760' from County Ditch 9. (cf. attached Engineer repolt. da ted May 31, 1988) W hen, i fan d ass II b 5 ~ que n t p I a t ti n g and de vel 0 pm e 11 toe C IH son the I and s immediately west and south of the plat of Westwind, it may become f.eCtif>>sary to use Ditch 9 as an out.let for storm drainage. WI? would like to therefore suggest that appropriate county represent.ativesmeet with our engineer to determine to what extent if any. it would be necessary to use Ditch 9 as an outlet. Based on their finding:; we would then be in position to file an outlet petition and have the matter determined by the County Board in a timely fashion befo~e subsequent development occurs. We are prepared to me.t with you and the County Board in Older lo expedite handlin~ of this matter. ~ S i nee r I Y',,'F\', i \ ~Lr- Geo g lJ. Yank9'Jpe CAf'T CEe lISI" y'm::l'} Professional Entineer . MEMBER MINNEAPOLIS BOARD OF REALTORS ~ , . ~~~t!:/J/?UJ;!!it!s I::!,~ 25 N., Bul/aJo. Minn. 55313 Phone 612- 682-/78/ May :31, 1988 TO WHOM IT MAY CONCERN: The former Becker farm located in the southwest corner of County Roads 19 and 37, Albertville, Minnesota, is currently being developed into proposed single-family residential, multiple-family residential, and conunercial properties, to be known as Westwind Development. Concerns have been expressed regarding the impact of this development upon County Ditch No.9, as it currently exists within the city of Albertville, Minnesota. County Ditch No. 9 starts approximately i mile south of County Road 137 and approximately 1 mile west of County Road #19, and flows in a southerly direction. The existing conditions of County Ditch #9 are not conducive to a proper drainage flow. stagnant water now stands approximately 2 feet deep in the upper reaches of the ditch. Obviously the lower reaches of County Ditch #9 and the outlet ditches (County Ditch 121 and Regal Creek) need cleaning to provide . proper operation. , Phase I of the Westwind Development includes 52 single-family residential lots and 4 multiple residential lots. The drainage of the multiple lots is to the north, away from County Ditch #9. The 52 single-family residential lots will drain to the south and outlet onto overland flow approximately one-third of a mile from the start of County Ditch 19. Considering the condition of the existing County Ditch 19, the long distance of overland flow at a very flat gradient and the restricted outlet of the Phase I drainage, we would expect no appreciable impact upon County D1 tch 19. At the time of the development of Phases II and III (the single-family residential portion only), a detention pond can be constructed, if deemed necessary. The proposed multiple residential and conwercial areas of Phase II and III are designed to flow to the north and not included in the County Ditch 19 watershed. Respectfully submitted, ,-M~Y'!:-;k7:N: ~ ~t'tMeYer .Sl cc: Darkenwald Real Estate City of Albertville Thore P. Meyer. Professional Engineer Robert Rohlln. Licensed Land Surveyor 2chi11ewaert to appoint Dr. Ronald Brown as Wright County Coroner. as follows: McAlpine, SChillewaert, Engstrom - Aye. Nelson Motion carried 3-1. l '-,- - "-' ... ::: - i'J.=.."/. O.J. Arlien, Auditor/Treasurer, presented agenda items at 9:05 A.M. ". l::ngthy discussiun evolved on the Albartville City "~estwind" pl:1:' ~=m and its impact on County Ditch ~9 with Inany interested parties i~ attendance. Thore Meyer, as spokesMan, noted that since their previews County Board appearance on May 3rd, they have completed some calculations and have submitted a letter to the developer and the City of Albertville analyzing their findings and their fEeling ~hat tnere will be no i~pact un County Ditch #9 from Phase I. He added that with Phases II ~ III they may have to consider a detention pond, so they would like some airection from the Board today. Nelson commented that the main issue is whether or not all systems are going to be able to accommodate the kind of water runoff from this size development in the wet years of the future as well a$ t~e present dry years. Arlien said he had suggested to the developer at the recent meeting at the Town Hall to submit a Petition for an outlet fer Ditch #9 similar to the situation with Ditch #20 in Maple Lake a few y~ars ago. MacPhall commented that he left that meeting thinkin9 they would be submitting a petition as ~ form of cooperation to handle the situation, but no ~etition was filed. He added that they maintain it would have no impact on the ditch, and if the County finds that to be true, perhaps we do not have a problem. He sai d it shaul d be made cl ear that any TLlture development may resul t in delay and inconvenience to the developer and the impac~ becomes .reater on Ditch #9. George Yankoupe, representing ~~~ developer ade several statements clarifying the objective of ~ll three phases o~ the project. McAlpine commented th~~ the County is fully responsible for a County ditch. M~Phail said the County simply manages the ditches. Bu~ Miller, legal counsel Tor the City of Albertville, made the statel.~c:nt that the Cf~.X...~ol.:lfd warra.nt to the County Board' tha.t. should the data represented by their Engineer prove not to be true, the City would accept ful~ li~b~li~;%r~sponsibility. Nelson stated" that' she would like the opportunity to convene a meeting of that local group of people who have had a historic interest in Ditch #9 including the people of St. Michael. Nelson then moved to table any further discussion about County Ditch #9 ,and the WestwindPlat until next week providing an opportunity to meet wi~h the peopl:: of both Ditches 9 & 21 and the people of the St. Michael area. McAlpine seconded the motion and it carried unanimously by those present. Arlien presented the Board with ~ copy of a Resolution adopted by Ottertail County urging that Wright County consider a similar resolution voicing Objection to the 1988 tax law and requesting their legislators to repeal that law and work for meaningful and effective property tax reform. Arlien said he was not asking for action on it today. He recommended they review it fer a week and ha will place it en the agenda again next week. . a motion by McAlpine, seconded by SChillewaert, all present voted to prove the application for Game ~ Fish Agent fer the Clearwater Travel Plaza, Clearwater, MN. . Pa.ul Jordan, Woodland Township resident, met with the Beard to request approval of an easement on Section 12 in the area of the County Park to construct a bridge on the property. Arlien said the mattarw4S c1 "6 . . . . . . ~ . . .". ...' " .....wa.r.. .~ IILA.JIII 10 IUIIAea ..............." 81 1'1 lUOLV..... Cit, CoUDOil of tb. City of Alb.r,vil1., 0.'".;.;,.1........, .....ta, .. follOW" 1. !'bat t..!'=~=..ftMto.rtaia r..J.clenti~l aDd ::-::e!;~.==-c.1}'...,=~ =-~='~~l~a:O=O:~ ;%::: .... .f tM ...J"~I/. .tt'..>........... ......J..... 2. '!ba' ..,........"',<...., Ute .,ia..r. for tbe City 0' Albertvill., .....;.........'.~. ...,1 tN' t.be propo..' drUM,. pl.. ..'.....11"....,..... ,I,.t pIla'. of tIl. MUGpllMt .... ................,.. DralM,1 01 teb 10. I. 1M' f.r ..............<.'1....... ...It..... ....... II aa4 III) .. ....1.....'< .....r.' . r....tJ._ poacl to ........... 'r~.",>. .... .......,.. .,.. ",.t part 01 tbe ...i'" ,1.....~;.i'III~_...........rl' ,I.,..,loa. , :t. !'bat ..".....>..a _I.oa.r. for .rilbt County ba.. ..pr..... e.......~".loi"'....' 0_ '" ...tw.l." o.".lopMllt OIl Dru.u.. D.l.tO" ..;..',~.'....._'1 ........t. to tbe County, -- _.. .f ..1_ .....';..".-...W tM ta.. ,.,r...at.. by the at, ..,.I..'" p...._l'.....,...., "'.,. .I.. ao appreciable '.plot .. D'..I.........'... ",. tIae ....lopMDt of lbe ...arind '1"), ....,...', wou. ..ept l.l..bility and i::r::r:r~_.',;;;;.::'~l:::l;:::.fr:~::. !l~ .. "'.t t" .','MPI.,equ.l.r. a. a eoncl.ltJ.onfor tIl. furtb.r ....1.....' ............... "oj..., tNt tbe cI.veloper. jo". 1ft , ,roe.. ........11 ,...1.. "'I City, 'rJ.9bt County, ~. . .r.illAl. ....... r'". (... ..... ...... .f tbe b...,1 ttec1 land for Dltcla 110. ,to ...........,..t of ....... II and III (or ....tIII..at pba'" '........... .. ....l..Dt of tbe ...twind '. project), iDCJ"I...~OI1f..llltj.., oo.t. .ncl otber ..tt.r. =.::::..:..~f~-=~':,::=1:~1:0:' ':-:t~r'.lQll9' I. ~ba~ tM a"....ai.'r.to' .1.1 b.reby directed to -1- >t:'~ . . . ft' , pr...nt to the ................ioll.r. 0' Wright CoLlllty aad to th. ....loper. a CO". _",I..",.lwtioa. I..... h . . '\ Adopt.d tb.l.~......'" 0' _~L~o\o-------, 1988. t \ L~.~_ "'0' &ftl8", ' ~ I))('~,,~( '~\~~'\'\ W I,~ .~ A~.! /~M~'J ~DJ..tr.wr/.'1"'" (SIAL) aur~~!tQ' . I, MaLlr_ AD4r...,"~.. t.be ckaly appoillt.d Acla11lJ..tratorlc.t.t,a__et.. City 0' Alb.rt"ill., her.by "rti'y tlaat tile ."....~l.tloa i. a trLl. alld correct copy of a ..801ut10. r.latiat. i" . """. ..t.r. 0' _..t"lnd Project, dLl11 Mopted by tbe ~,"\..U... .'~, C~ty 0' Alb.rtv1lle, ....lOta, tlMt ~l"'i~"Mr". ............I._~.J...~..._.__, 1.... ,... ... .. . \ J ' '. II ~~~~.;lL_....~11r~.!.J.:'~"':; laur ADelrew. ........ ,trator/Ci ty Cl'.r k ( .IAL) >.'-:::. '....i.-..'. J .,.