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1990-06-21 CC Agenda/PacketCITY COUNCIL AGENDA .JUNE 21. 1990 I. CALL MEETING TO ORDER II. APPRUVA_L OF THE AGENDA III. APPROVAL OF THE MINUTES June 4, 1990 IV. CC2,-TRJNITY FORUM V. DEPARTMENT BUSINESS a. MAINTENANCE - Project updates - Hiring of new maintenance person b. ENGINEERING - Pay request for Latour Cont r..iction - Curb Settlement - Other Business �020.110 - Update on Building Permit`Issue - Storm Water Drainage - Other Business d. ADMINISTRATION - Income Received and Bills to be Paid - Additional Items VI. COUNCIL MEMBERS REPORT VII. OTHER. BUSINESS a. 1989 SHERIFF"S REPORT IX. ADJOURNMENT COUNCIL MINUTES June 18, 1990 The regular meeting of the Albertville City Council was called to order by Mayor Gary Schwenzfeier. Members present included Bob Braun, Jim Krystosek, Don Cornelius. Council Member Donatus Vetsch was absent. Others present included Maureen Andrews, Bob Miller, Kevin Miealhouse, Jackie Peterson, Ken Lindsay, and Mike Rutkowski. The agenda for the evening's meeting was reviewed by the Council. A motion was made for approval of the agenda by Jim Krystosek and seconded by Bob Braun. All were in favor and the motion carried. The minutes of the June 4th meeting were review and approved. A motion was made by Don Cornelius and seconded by Jim Krystosek. All were in favor and the motion was carried. The first item on the agenda was the Maintenance Department. Ken. Lindsay informed the Council that he had just completed the second discharge of the waste water treatment facility, and will begin the third one this week. Ken noted that the pump that is on order will arrive soon. Ken updated the Council on the Four Season Parr. There has been net further progress since the June 4th meeting. There has been too much rain to go any further with the construction of the paths. There was conversation regarding the flooding of the residents` basements. Ken pointed out that with all the rain, the City`s sewer could not handle it all. Mayor Gary Schwenzfeier asked if it was possible to amend the Sewer. Ordinance in order to require that sump pumps be install in all new residential units and that they be installed so that they outlet outside and not into the sanitary sewer system. It was noted that the existing ordinance already prohibits the disc•.harging of storm water through the sanitary sewer system. Kevin Mnalhouse stated that he did not believe that the Building and Plumbing Code would have any ground on which to enforce this stipulation and also noted that riot all homes need to have a sump pumps. He suggested that as an alternative the City of Albertville could try what some other cities have done. That is, each new house be required to have an outlet t axx3gh the wall. The outlet should be 1 1/2 inch PVC pipe with a cap slipped over the end. If there were ever a need to pump water out of the basement, the outlet would be there ready for use. There was further discussion about a sump pump ordinance. There was question as to whether or not the City has the authority in inspect homes to see If a sump pump was installed in the residence that it does not discharge into the sanitary sewer. It was suggested that Bob Miller review the Ordinance and come back to the Council with his findings. Ken then mentioned that it appears that the largest problem with the intake of water appears to be on 51st and 54th Streets, and that the intake flows in the Industrial Park lift station rises significantly after a heavy rain. Ken updated the Council about the City Parks softball field bases. Ken informed them that someone has been randomly stealing bases from Albertville's park and other surrounding cities. The Jaycees replaced the bases with new ones. Don Cornelius suggested. the City send the Jaycees a thank you. letter. Everyone agreed to do so. The next item on the agenda was the hiring of the new Maintenance person. It was pointed out the the interview committee had interviewed 5 persons for the job. After discussion it was agreed that Mike Rutkowski had the best experience and best qualified for the position. Mike had worked for the City a year ago. Mike left in good graces with the City so the Council believes that Mike is trustworthy and will stay with the City this time. Jim Krystosek made a motion to hire Mike and Don Cornelius seconded the motion. All agreed and the motion was carried. The question of wages was discussed by the Council. After some deliberation Dan Cornelius made the motion that the wages should be $8.00 an hour effective immediately. Jim Krystosek seconded the motion. All were in favor and the motion was carried. Ken Lindsay brought up the question of Mike being able to claim his previous time towards sick leave and vacation time. Ken felt that Mike should be eligible to claim his previous time. Maureen and Bob Miller looked up the personnel policy set for City employees. They found no clear policy which would pertain to Mike's individual situation. It was agreed that Bob would check into this matter. The discussion was then tabled till the next meeting. In other maintenance business Ken advised the Council of his meeting with Tbore of Meyer-Rohlin, the City Engineers, regarding the plans for the new maintenance building. They came up the the basic size of the building to be 72 feet by 48 feet with a rough draft of the potential floor plan and other ideas Ken has for the building to make it work for now and in the future as the City grows. There was discussion as to what kind of structure the building will be_ Mayor Gary Schwenzfeier questioned if the City could get bids on steel and pole construction for the structure. Thore said that yes it can be done. Ken suggested that the bid be done on a structure that is 50 feet by 76 instead of the 48 foot by 72 foot originally discussed. His reason is that the City is growing at such a rapid rate that he would like to build the building big enough for future needs, and that the additional couple feet probably would not cost much more to build. The question of the building codes regarding pole buildings was brought up. Since the City's Zoning Ordinance restricts the use of pole buildings, except by Conditional Use and then because of special conditions the City would need to review the site and the building materials to justify the Conditional Use Permit. Don Cornelius commented that it did bother him that a pole building was being considered, and that if it were done the City will have to be very careful to follow all the proper codes. He felt that if the City puts up a pole building then it will present a problem with the residents/business owners of the town who will wish to put up a building in the future_ After more discussion it was suggested by Mayor Gary Schwenzfeier that there be a special work meeting called to further discuss the plans of the new building. The Council agreed that the meeting be held Wednesday June 20th at 4:00 P.M_ and that it would be a good idea to had Kevin Mealhouse, the City Building Inspector and Thore, the City Engineer to be present at the meeting_ The next item on the agenda was Engineering. Thore reviewed with the Council the final. pay request for Latour Construction for the 5% retainer in the amount of $3,333.97. Bob Braun made the motion that Pay Request for $3,333.97 on the 1989-3 Improvement Project be approved. Jim Krystosek seconded the motion. All were in favor and the motion was carried. The subject of the Westwind Subdivision's curb repairs was brought up by Thore. He explained that Latour Construction bad repaired the curb at the intersection of Kalland Drive and Kalland Circle on two different occasions. He noted that at the time of the first repair Ted Latour had felt that the failure was not due to their work but rather from the installation of utilities but he had not proven this point to the City Engineer. When the area was damaged. again Ted did find that the cause had been because of improper compaction of the soils after the installation utilities. This point was further substituted when the utility companies were requested to mark their locations. NSP mark their line in one area and then changed the course of their direction when it appeared that it lead right to the problem area in the curb. When the second repair was made Ted's crew found the NSP line in the same location of the dammed area and felt that it was not their responsibility to cover the expense of the repair. Included in the packet was a letter from Meyer-Rohlin to NSP explaining the situation and noting NSP`s liability for paying for the repair. Submitted with the letter was a bill from LaTour Cxistruuction for the repair in the amount $1, 312.00. Thore informed the Council that at this time no contact had been made with NSP regarding the bill. The issue was tabled until Thore has additional information to report back to the Council. Thore noted that the problem with sealeoating project has been turned over to the bonding company. No action was taken on this matter. The Council next went through the legal items. Bob Miller reviewed with the Council the issue on Loren Kohnen's billing for the old building permits. A draft copy of the letter being proposed to be sent to Loren was present to the Council for their review. No action was taken on this matter until the Council had had a chance to review the letter. Storm water drainage problem was discussed next. Mr. Keith Franklin was present to present his concern regarding -the water problem on his property that is a direct result of the water blockage in Frankfort Township. He rued that after the rain received over the weekend that his front driveway and yard were under water and that he had had to rent a pump to pump water away from the building so as not to have water damage to the building. He also noted that the front driveway into the business has had to be closed so that it is not structurally damaged and that sand bagging had been started to help hold back the water on the east side of his driveway. Included in the packet was a letter from the law firm of Lapp, Laurie, Libra, Abramson and Thomson who is representing Franklin Outdoor Advertising. The letter was in reference to the potential legal action they will be taking if the water problem is not resolved. Bob informed the Council that he had taped with the Frankfort Township's Attorney, Bill Goodrich regarding the drainage problem to see if a solution could be found to the problem in a timely fashion. The Council was also informed that Gary, Maureen, Thore and Ken had been out to Franklin site to inspect the water problem first hand and at the same time had discussed the issue with two of the road crew members of the Minnesota Department of Transportation (MN/DOT). At this time Mr. Calvin Howieson, a MN/DOT District Hydraulics Engineer was introduced. Maureen informed the Council that Clarence Bistadeau, Mike Potter, and a representative from MN/DOT had also came to express their grievances, and that something has got to be done soon. Calvin Howieson pointed out that the Minnesota office had been in St. Cloud last week to see what the problem is and if it is any of their responsibility. He informed the Council that they had just recently cleaned the outlet tile, but it's possible the tile could be plugged or broken. Calvin had an old map with him that the Council took a look at to see if it had any additional information that the City does not have. There was no further discussion in this matter and was tabled until the meeting was adjourned and the members of the Council went to the Frankfort meeting to discuss the problem with the Town Board. The Council reviewed the bills to be paid. Bob Miller pointed out an error with one of the cheeks. The check #10597 which was made out to Meyer -Roblin, Inc. and should have been made out to Latour Construction. Hearing no other comments or questions a motion was made to pay the bills. The motion was made by Ian Cornelius and seconded by Jim Krystosek to approve checks 10589 through 1W18. All were in favor and the motion carried. At this time Bob Braun questioned the expenses for the plane trip back from Duluth, and wondered if it should be the responsibility of the City to pay it. Gary, noted that he had some problem with the issue as well. Maureen questioned Gary`s stand on this issue at this time since she had discussed it with him prior to making the arrangements, noting that on Tuesday he had approved it. It was also pointed out to the Council at the time the issue had been discussed with Gary that Maureen had told him that if the Council was not willing to pay for the expenditure that she was considering doing so herself. There was some other discussion on the matter. Doan noted that he was not even aware of the situation and Jim stated he thought the issue had been resolved the week before. At this time Maureen stated that she would reimburse the City for the $1W.80 for the City`s share of the plane if that was the Council's wishes, noting that Juran and Moody had already paid $125.00 for their share. No action was taken on this matter. In other business Maureen brought up the issue that Clarence Bistodeau had stopped in at City Hall to raise the issue regarding the condition of the weeds on the railroad line as well as the condition of the storage area of Rill Concrete, and if they were encroaching on City property. She further explained that the railroad company has been contacted in the past and have not been very receptive to correcting the problem. It was noted that the City's Weed Ordinance requires that a notice be sent and if after 10 days nothing has been done, the City can correct the -_ problem and charge the property for the work. Bob noted that he was under the understanding the weeds have to be cut in order to charge for the work. Don Cornelius suggested sendu)g the railroad a notice to clear the weeds or the City will contract out the work and send these the bill. All were in favor and there was no further discussion. Maureen suggested Bob Miller to look into the matter of Hall Concrete encroaching of the City property. Maureen also informed the Council that the issue of failed septic systems on the Becker/Haag properties were discussed. The Council was informed that Becker"s have gotten a permit to dig in their new septic system but no work has been started. It was noted that Merlin Haag has not taken any action to correct his problem. It was pointed out that Bob Miller had sent letters to both parties regarding this matter. The issue of a street vacation of the Old 152 Flight -of -Way along Franklin Outdoor Advertising was discussed. Included in the packet was a Certificate of Survey for the proposed vacation that had been prepared for Franklin_ Bob Miller noted that it was his opinion that the City could hold the public hearing on the issue but that no action should be taken on the matter until the water problem is resolved. He noted that the reason for this is because if the water problem goes to court that the City will not want to have to pay damages on this land. A point was raised that a Quick Claim Deed was not necessary because there was no fee taking for the property at the time the easement had been obtained for road purposes. Furthermore it was noted that even the land lays adjacent to the Franklin property it does not assure the land will revert back to them once the vacation occurs, because of the fact that the land would revert bank to the original land owner or its successor and that the only was this can be be resolved by undertaking a title search on the property. It was noted that the hearing could in fact be held prior to water issue being resolve but that the Council should hold on taking any action until the matter is resolved. A motion was made to hold a public hearing on the vacation of road right-of-way on August 6, 1990 at 7:00 p.m. The motion was made by Don Cornelius and seconded by Bob Braun. All were in favor and the motion carried. It was pointed out that the City was on the Frankfort Township Agenda to discuss the water problem. There was some discussion regarding whether or not the entire Council could adjourn to the Frankfort Town Hall. It was decided that if the City posted a notice at the City Hall and the Post Office noting were the Council was that the entire Council could go over to Frankfort. Hearing no other business a motion was made to adjourn the meeting. The motion was made by Don Cornelius and seconded by Bob Braun. All were in favor and the motion carried. Gary Schwenzfeier, Jim Krystosek, Don Cornelius, Maureen Andrews, Thore Meyer, and Bob Miller attended the meeting at the Frankfort Town Hall to discuss the water problem in Frankfort. Keith Franklin reviewed with the Town Board the problem he is having because of plugged or broken tile. There was some discussion regarding the Letter of Intent to sue the City of Albertville and Frankfort Township. One of the Township Board members noted that there was an easement in Green Haven Estates and Barthel`s Rolling Hills and that if someone wanted to go in and fix the problem they were free. Mr. Bill Goodrich clarified this statement noted that the easement allows the Township to enter onto the property to make repairs not anyone else. There was some discussion regarding what needed to be done to get the water flowing, who was going to pay for it and when it was going to be done. It was rioted that the long term solution would require a Feasibility Report and hearing to do the work. The representative of MN/DOT stated that after the rain on Saturday night there was water standing an the shoulder of the freeway and that something would have to be done immediately to correct the problem. It was agreed that all the parties involved should get together and find -- a solution to the problem. It was agreed that representatives from the Frankfort, Albertville and MN/DOT would meet out at the site to see if a solution can be found to the problem. The meeting was scheduled for 4:00 p.m. on Tuesday at the site unless it rain, in which case the group would meet at City Hall in Albertville. There was no other discussion, so the City excused themselves and left. WON&A COUNCIL MINUTES •June 4, 1990 The regular meeting of the Albertville City Council was called to order by Acting Mayor Don Cornelius, Mayor Gary Schwenzfeier arrived late. Members present included Bob Braun, Don Cornelius, Doratus Vetsch and Jim Krystosek. Others present included Maureen Andrews, Bob Miller, Kevin Mealhouse, .Jackie Peterson, and Ken Lindsay. The agenda for the evening's meeting was reviewed by the Council. A motion was made by Bob Braun and seconded by .Jim Krystosek. All were in favor and the motion carried. The minutes of the May 21st meeting were reviewed and approved. A motion was made by Donatus Vetsch and seconded by Jim Krystosek. All were in favor and the motion was carried. The first item on the agenda was the Park Edge Subdivision. Maureen Andrews informed the Council that Barthel Construction had submitted an application for the rezoning and subdivision of a parcel of land located directly west of the intersection of Barthel and Drive and 52nd Street. The proposal included a request to rezone the property. from a "R-8", Mixed Housing District to a Planned Unit L)evelopment (PUD) District and for Preliminary Plat Approval of the Parks Edge Subdivision. Maureen reviewed with the Council the findings of the Planning Report from Northwest Associated Consultants, Inc. Some of the points noted included disci.zssion on the following issues: 1. Land use for the proposed use and its relationship to the surrounding land use. It was noted that the land uses surrounding this property included the following zoning designations: Land Use Ton n� North Single Family R-3 South Public Park R-3 East Industrial I-1 West Single Family R-3 It was also noted that this area serves as a transition between the Industrial Park and the Single -Family Residential land uses. The Comprehensive Plan designated the land use of the said area as high density residential development (lid or more unites per acre) because its location to the Industrial Park, the odd configuration of the site and the difficulty of providing a single family type subdivision within its boarders. The submitted preliminary plat does provide a gradation in land use via varied lot sizes and provides a functionally efficient division of property which minimizes the adverse effects of the adjacent industrial park. It was noted that to allow a deviation from the proposed land use in the Comprehensive plan is a policy decision for the Council to make and should be done prior to approving the rezoning and the preliminary plat. 2. The appropriateness of the use of Planned Unit Development (PTJD) zoning. It was noted that due to the odd configuration of the site, the applicant requested a PUD zoning designation to allow a number of lots to lie smaller than typical R-8 requirements. The PUD zoning would allow smaller lots to be situated along the industrial park and the larger lots to abut similar sized single family lots which lie to the west. It was further noted that because of the odd configuration of the site, strict conformance of the sit"s existing R-8 requirements would impair the reasonable development of the property. It, was also pointed out that the City does maintain ultimate control in establishing the performance standards within a PUD District. 1. The size of the lots within the plat. It was noted that the lot size range from 9,6W to 19,161 square PAGE 2 feet in size with an average lot measuring 12, 119 square feet. It was noted that even though the subdivision's average lot size is less than 12,500 square feet typically required within r-8 districts, the proposed lot areas are considered acceptable via the provision of the PUD. 2. Lot setback. The preliminary plat conforms with the minimum R-8 requirements of 25 feet rear yard setbacks. Because of the flexibility allowed in the PUD District the interior yard setbacks do not have to be in as strict conformance with the R-8 requirements. The plan proposed less stringent setbacks than the standard which were commented on by the Planner. Proposed Front Typical R-8 Front Planner --- Yard Setback Yard Setback Recommendat.i nn Lots 1 & 2 30 feet 35 feet 30 feet Lot 3 25 feet 35 feet 25 feet Lots 4-6 30 feet 35 feet 30 feet Lots 7-9 20 feet 35 feet 25 feet It was also noted that to further improve the aesthetics and improve lot functioning, notably parking that it was being suggested that the single family homes be situated in a manner in which attached garages are setback as far as possible. The report included house footprints to further clarify this matter. 3. Streets size and location. The subdivision is to be accessed via a single cul-de-sac from Barthel Drive which is considered positive because it reinforces an inward neighborhood focus and also minimizes the negative impacts (i.e., noise, views, pedestrian safety) produced by stop -and -go semi -truck trailer traffic. Because of the narrowness of the lot the subdivision is designed with a 40 foot, wide right-of-way, with a 37 foot driving surface instead of the normal 60 foot R.O.W. which is required by Ordinance. The plan does show a 60 foot radius on the cul-de-sac to provide for appropriate maneuvering space for emergency vehicles. 4. Site grading and drainage. The plan submitted indicates a significant amount of earthwork needs to be completed on Lots 2, 3, and 4 prior to the construction of homes. The grading plan needs to be modified to PAGE 3 guard against any adverse properties. Plans will need to on by the City Engineer. 5. Public Utilities. erosion upon the adjacent westerly be further reviewed and commented Plans were submitted for preliminary water and sanitary sewer installation but will be subject to review and comment of the City Engineer. 6. Landscaping plans. This section of the report, dealt with steps needed to be taken to lessen the potential negative impacts of the close proximity of the industrial park and the adjacent high volume roadway (Barthel Drive). It, was suggested that both berming and coniferous tree plantings be placed along the subdivisions eastern border within the Barthel Drive right-of-way, which will need to be maintained by the adjacent property owners. 7. Park dedication. The plan does not provide for any park dedication. According to Section A-600.15 of the City Subdivision Ordinance. a cash contribution may be provided in lieu of land dedication. Per the Ordinance, a cash contribution of $170.00 per dwelling unit shall be required, which would total $1,530.00. This issue shall be subject further review of the Council. CONCL[TSION The report reiterates that fact that if the request is approved that the City`s Comprehensive Plan will need to be emended, .again noting that the decision of appropriate Use is a policy matter to be determined by City Officials. If the City finds single family development to be an acceptable use upon the subject site, the firm would recommend approval of the requested rezoning from R-8, Mixed Housing District, to PTJD, Planned Unit Development as well as the submitted preliminary plat. The approvals, however shall be contingent upon the fulfillment of the conditions described later in these minutes. It was noted that at the time of the public hearing the issue of single stall garages were raised. It was pointed out that this discussion had not been part of the original application and therefore had not been formally commented on by the Planner or the Planning Commission. PAGE 4 The Council was informed that, the Planning Commission had commented on the matter, indicating that they did not feel that it was appropriate to allow single stall garages when the Ordinance required two stall garages. It was noted that David Licht had commented as well, pointing out that financial justification (FmHA Financing for new construction) is not enough justification to providing for the deviation to the Ordinance. Mayor Gary Schwenzfeier raised the question of what does the P.U.D do for the property? The Council was informed by Bob Miller that the P.U.D allows for more flexibility in handling land that doesn't meet the normal zoning standards. Ken pointed out that the preliminary plat did not include a walkway from Lansing Circle to the Four Season Park. He pointed out that the other cal -du -sacs adjacent to the park have access provided and suggested that because of the plat's location to Barthel Drive that it, might be advantageous to do so here as well. It was that a walk path be located between lot 04 and 5 to access the playground and eliminate people from walking across property owner grass. Don Cornelius expressed concern that the homes on Barthel Drive would lower the value of the adjacent houses. He felt that the public might not realize how small and close together the houses will be. Maureen Andrews noted that even though the lots are smaller that they will still allow for standard housing to be situated on the property. She also noted that the Zoning finance requires that a house have a minimum floor area of 960 square feet for a two bedroom home and 1,040 for a three bedroom of main floor living. Bob Miller pointed out that he felt that a declaration be included to not allow access on Barthel Drive, requiring that all driveways access onto Lansing Circle. Don Cornelius questioned who will maintain the berm. After discussion the Council agreed that the residents adjacent to the berm shall be responsible for the maintenance of the berm after purchase of the property, with the stipulation that they do not alter the design or make changes without the City's approval. The berm on the vacant lots would be the responsibility of the builder. It, was further noted that this would be included as part of the Developer's Agreement. There was some discussion regarding the number of lots shown in the preliminary plat. It was pointed out that the original draft of the plat showed two cal -du -sacs with 5 lots on one and 4 on the other. There was was some concern regarding the size of the lots and it was suggested the maybe the developers should consider the possibility of reducing the plat by one lot to make the lots abutting Barthel Drive a little larger. PAGE 5 Mayor Gary Schwenzfeier asked Dave Wolff if Barthel Construction would be opposed to cutting back one lot to allow for more space between the houses for lawn and walkways. Dave expressed that it would be very difficult to do and still keep this a feasible single dwelling project. Staff noted that the reduction in the number of lots will not likely add a lot to the subdivision because the major problem with the plat is the dept of lots 7, 8, and 9 not the width. Bob Miller noted that because of the constraints due to land configuration there is not much that can be done to add any additional debt to the lots. It was also noted that another problem with reducing the number of lots in the subdivision has to do with the pending and current assessments on the lot. It was pointed out that to make the project cash flow, the subdivision needs to have enough lots tAD justify the expense of the public improvements. The Council was reminded that the parcel of land in question already has special assessments levied against it for the improvement of Barthel Drive and will have additional assessments levied in the future for the public improvements within the subdivision. Bob Braun noted his concern regarding the downzoning of the property from the R-8, Mixed Housing District designated for multiple housing to the PTJD zoning for the single family subdivision. Bob questioned whether it was wise to down zone the property when the City knows that multiply housing is a good transitional zone between the industrial park and the single family housing. He pointed out that there was no assurance that Barthel Construction will not come back to the City to request the rezoning of some of the land that is currently zoned I-1, Light Industrial to multiple when the market will support this housing type. Bob Miller pointed out that the City's Comprehensive Plan provides a guideline for how the land should be developed and used and that the Council will be able to address the issue if it was ever to arise. He also noted that there should be a balance of single family and multiple housing in a City. He pointed out how there has been problems with some older cities having to many rental units and the various problems it causes. He suggested that the City try to keep the multiple housing to a ma-ximum of 25% rental units. With rental units you will have a lot of transient movement of people and that home owners tend to stay and take better care of their ow-n property. Hearing no other questions or comments a series of motions regarding the Park's Edge Subdivision were approved. A motion was made to amend the Comprehensive Plan to reflect the change from High Density Housing to Single family was made. The motion was made by Donatus Vetsch and seconded by Jim Krystosek. All were in favor and the motion carried. PAGE 6 A motion was made to approve the rezoning of the R-8; Mixed Housing District to PUD: Planned Unit Development District and to direct staff to prepare the amendment to the Zoning Map reflecting the change. The motion was made by Donatus Vetsch and seconded by Don Cornelius. All were in favor and the motion carried. A motion was made to approve the preliminary plat for Park"s Edge with the stipulations recommended by the planners. The recommendations are as follows: 1. A Comprehensive Plan amendment is approved which allows the subject plat to be consistent with the City`s land use plan. 2. Front yard setbacks imposed upon Lots 7-9 of the subject plat are increased from 20 to 25 feet to provide greater visual and functional consistency within the subdivision. 3. Single family homes to be constructed within the subdivision are configured in a manner in which attached garages are setback to the furthest extent possible. Such a configuration is intended to lessen the visual impact of minimal front yard setbacks and visually open the neighborhood plus provide more off-street parking. Building design and garage position on Lots 7, 8 and 9 shall therefore be subject, to approval of the City Building Official. 4. The proposed 40 foot street right-of-way is found to be acceptable by the City Engineer. 5. The submitted grading and drainage plan is modified to identify specific erosion control measures. The plan shall be subject to the review and comment of the City Engineer. 6. The utility plan is subject to review .and comment by the City Engineer. 7. Both berming and coniferous tree plantings are ptovided along the subdivision's eastern border within. the Barthel Drive right-of-way. Such a barrier will visually and audibly screen negative impacts associated with the adjacent industrial park. The said landscaping is to be maintained by adjacent property owners. That a declaration be added to the Developer's Agreement that no alteration of the ber.r,irg small be allowed. 8. The subject plat meets the City "s park land dedication requirements and is subject to review by the City Park Board. And that a walkway will be required from the plat to the Four Season's Park. It was further stipulated that if it was not feasible to install the walkway to the park within the plats current design that the plat size should be reduced by one lot t:) compensate for the needed space. PACE 7 9. A declaration will be added to the Developer's Agreement requiring all driveway access shall be on Lansing Circle and no driveways will be allowed to front, on Barthel Drive. 10.Cther comments as may be made by the City Administrator, City Building Official, City Engineer and City Attorney. The motion was made by Bob Braun and seconded by Donatus Vetsch. All were in favor and the motion carried. The next item of the agenda was Maintenance. Ken updated the Council on the new playground, informing them that it had been delivered and will be installed within the next couple weeks. He also noted that the blacktopping is in the process of being done for the walkways and the basketball court. Ken informed the Council that he went ahead and added the extra 80 feet to the waterline construction so that the waterline will be looped into the Park"s Edge Subdivision. The cost of the extra 80 feet will be picked up under the 429 Improvement Project for the subdivision. Ken also pointed out that the bases and the pitchers mound are missing at the bail park. He expressed concern that there is a problem with the Park Board and that there should be some kind of guideline drawn up for them to follow. Ken asked the Council when interviewing for the new maintenance employee will begin. The Council is trying to schedule time for reviewing the applications and will try to schedule interviews as soon as possible. Ken raised the issue of the water drainage problem, and what can be done o resolve it. Ken and Sob Miller walked the problem areas prior to the meeting to see if they could determine were the problem is and what legal obligation the City,Township Developers and `residents in the Green Hazren Subdivision have. Bob Miller brought, up 3 points that have to be considered. 1. We don't know the history of who installed the drainage tiles. There is the question whether the drainage line is public or private, was the installation of the tile a joint effort by several of the areas" residents and was the City involved with assisting in the financing of the lire or was it, a private drain tile. Bob noted that without knowing the answers to these questions we may riot, be able to determine who is responsible for repairs. 2) We may never know the entire history. 3) The City may not have any authority to have the corrections made. PAGE 8 The Council discussed the possibility of getting some of the long term residents of the town together for a meeting to combine old memories to get the story of what really happened. The point was raised whether or not this information would hold up in a Court of Law. Bob responded that "Old memories are good memories in Court." It was then discussed that if it is determined that the City of Albertville had contributed to the initial installation of the tile then we should share in the cost along with Frankfort Township and the Minnesota Department of Transportation. Bob Miller updated the Council on the discussion regarding the pending payment of the building permits for Loren Kohnen. Bob informed the Council that he had met, with Kevin and they had gone through the permits again. Bob said that he would be preparing a report on his findings, There was discussion regarding a memo received by Northwest Associated Consultants, Inc, regarding adult, entertainment, and the possibility of updating the Albertville's' Zoning Ordinances. The memo suggests the Adult Bookstores be restricted from being located within 100 feet of a day-care operation, 300 feet of a church, and 400 feet of a single family residential neighborhood, to prevent future controversy in the City, if an Adult Bookstore wish to locate in Albertville. A motion was made by Jim Krystosek and seconded by Bob Braun. All was in favor and the motion carried. A motion was made to approve the Income Received and Bills to be paid. The motion was made by Don Cornelius and seconded by Jim Krystosek. All were in favor and checks 10536 through 10585 were approved. There was discussion regarding Kevin Roden's garage addition. NSP said that he has to have a 9 foot vertical and 12 foot horizontal clearance. Kevin will try to reduce the garage to get, the clearance. There was no further discussion regarding this matter. The Council next reviewed the bids on the purchase and installation of an air conditioner for the City Hall. At the present there are 2 bids in on the project. Comparing the two, it was pointed Rout that it was not a fair comparison since one of the bids did not include the duct work installation. The Council felt that the cost of the Air Conditioners were too expensive. A motion was made by Don Cornelius, to have the two bids redone. The bids are both to include the cost of a 2.5 & 3.0 ton air conditioner and duct work needed. Also to get a couple more bids from other companies with the same information. When all the bids are in, the motion is also to accept the lowest cost, The motion was seconded by Bob Bra n . All was in favor and the motion was carried. The subject, of the driveways that are caving in the Westwind Subdivision. There was discussion as to why this is happening. It was pointed out by Jim Krystosek that it is due to the drought of the past couple years. Since the ground is dry it prevents the construction crew from being able to compact the soil enough. After time and rain the soil settles and causes the big holes. PAGE 9 Donatus Vetsch and Kevin Mealhouse pointed out that the water shut off valves were placed in bad locations. It was requested that future plats are to be in the middle of the lots. The Council discussed having Kevin Mealhouse do the inspections on the valves since it is part of the housing inspection. Donatus Vetsch expressed his concern regarding the removal of the dead bushes and trees before Friendly City Days. After some discussion it was decided that the maintenance crew had to many other things to take care of before Friendly City Days and that the City would hire V&E Landscaping to clean it up. The Council briefly discussed the problem of what happened to the City signs. Mayor Cary Schwenzfeier said that they were to -back up by Wednesday. There was .also questions as to what happened to the Albertville sign. Someone has been changing the letters around. With no further discussion the Council requested Ken to look into the matter. Jim .Krystosek Jested the City run a notice in the paper to inform the residents of the recycling schedule. He pointed out that it was windy the day the containers and notices were delivered to the residents, and that some of the notices may have blown away. A motion was made to adjourn the meeting. The motion was made by Bob Braun and seconded by Donatus Vetsch. All were in favor and trig motion carried. s PAGE 10 MEYER-ROHLIN, INC ENGINEERS -LAND SURVEYORS 1111 Hwy. 25 N., Buffalo, Minn. 55313 Phone 612 - 682 -1781 June 5, 1990 City of Albertville c/o Maureen Andrews, Administrator Box 131 Albertville, MN 55301 Re: 1989-3 Improvement Project Albertville, Minnesota Final Payment The Contractor for the above referenced project has requested partial payment for work completed to date. Below you shall find the quantities for the work performed. BID "A" - Storm Sewer West of 53rd Street Item Bid Inst. No. Item Qty. Qty. Unit Unit Price Total Price 1. 48" RCP Class III 495 490 l.f. $ 68.40 $33,516.00 2. 72" catchbasin 2 2 each $ 2020.00 $ 4040.00 3. C.B. extra depth 2.66 2.66 l.f. $ 155.00 $ 412.30 4. 42" x 48" reducer 1 1 each A $ 900.00 $ 900.00 5. Crushed rock 300 194 ton $ 10.00 $ 1940.00 TOTAL BID "A" $402808.30 BID "B" - Storm Sewer East of 53rd Street 1. 42" RCP Class III 400 399 l.f. $ 58.80 $23,461.20 2. 42" RCP flared end section 1 1 each $ 790.00 $ 790.00 3. Crushed rock 250 162 ton $ 10.00 $ 1620.00 TOTAL BID "B" $25,871.20 Thore P. Meyer, Professional Engineer Robert Rohlin, Licensed Land Surveyor Item Bid No. Item Qty. BID "C" - Sanitary Sewer 1. 10" DIP sanitary sewer (12-141) 232 2. Crushed rock 100 3. Density testing 7 Inst. Qty. Unit Unit Price Total Price 0 l.f. $ 0 ton $ 0 each $ TOTAL BID "C" 27.10 $ 0.00 10.00 $ 0.00 55.00 $ 0.00 $ 0.00 BID "D" - Backfill Trench Above Pipe Springline 1. Common borrow 5229 0 c.y. $ .75 $ 0.00 2. Seeding w/mulch 3.5 0 acre $ 780.00 $ 0.00 TOTAL BID "D" $ 0.00 TOTAL BIDS "A", "B", "C", "D" $66,679.50 LESS PREVIOUS PAYMENTS 63,345.53 FINAL PAYMENT $ 3,333.97 We therefore recommend Final Payment be made to Latour Construction, Rt. 1 Box 7C, Maple Lake, MN 55358, in the amount of $3,333.97. Since all items have been completed, we reommend that the City accept the project. If you have any questions, please feel free to contact me. Sincerely yours, MEYER-ROHLIN, INC. i Bob Sullentrop Professional Engineer sl cc: File E-8901-L Latour Construction MEYER-ROHLIN, INC. ENGINEERS -LAND SURVEYORS 1111 Hwy. 25 N., Buffalo, Minn. 55313 Phone 612 - 682 -1781 June 6, 1990 Mr. Bruce Zemke Northern State Power Company Box 386 Monticello, MN 55362 Re: Westwind Development Albertville, MN Dear Mr. Zemke: Over the winter of 1988-1989 curb settlement occurred at the northern intersection of Kalland Drive and Kalland Circle in the Westwind Development. The contractor for the project, Latour Construction, replaced two sections of curb in the spring of 1989. Over the summer of 1989 these two sections settled again. The pavement adjacent to these two sections also settled. The two curb sections and the sunken section of pavement were recently replaced by Latour Construction. When the curb sections first settled, Latour Construction stated that their settlement was due to a utility crossing because there are no water or sanitary sewer services at this location. We requested that this be verified. When the curb sections again settled, along with the adjacent pavement, Latour Construction again stated that this was due to a utility crossing. We again requested that this be verified. While replacing the curb and pavement Latour Construction located a power cable which crosses the roadway directly below the settlement area.- Since the presence of a utility crossing has now been verified, we agree that the cause of the settlement is due to this crossing. Most likely, the boring trench was located within the roadway zone of influence and improper compaction when backfilling the trench resulted in the settlement. Enclosed is a copy of the bill from Latour Construction for the repairs made at the above -mentioned location. Please make the check payable to the City of Albertville. Please read the attached permit form which is currently in use. Although this permit form was not in use at the time this project was done, the provisions of the last highlighted sentence apply. Thore P. Meyer, Professional Engineer Robert Rohlin, Licensed Land Surveyor page 2 If you have any questions, do not hesitate to call. sl cc: File E-8801-D City of Albertville Sincerely, MEYER-ROHLIN, INC. Bob Sullentrop Professional Engineer F „ LATOUR CONSTRUCTION Rt.1, Box 76 • Maple Lake, MN 55358 •963-5993 • Fax 963.6017 May 25, 1990 Meyer-Rohlin, Inc. 1111 Hwy 25 North Buffalo, MN 55313 Attn: Bob Sullentrop RE: Request For Payment Damages Caused By Utility Company at Kalland Drive & Kalland Circle - Westwind Addition Albertville Project 1988-3A Item May 15, 1990 Foreman, Pickup & Sm. Tools 3 HRS. 44.00 132.00 750 Backhoe & Operator 3 HRS. 71.00 213.00 2 Laborers 3 HRS. 64.00 192.00 537.00 Concrete C & G 1 L.S. 500.00 500.00 Bituminous Patch Repair 1 L.S. 275.00 275.00 AMOUNT DUE THIS ESTIMATE ..................$1,312.00 CITY OF ALBERTVILLE Permit No. APPLICATION FOR PERMIT FOR INSTALLATION OF UTILITIES OR FOR PLACING UNDERGROUND CONSTRUCTION Name of Party or Organization performing work: Address: Telephone: Nature of Work: Type of Surface to be Disturbed: Gravel ( ) Bituminous ( ) Concrete ( ) Location: Street, Avenue and House Number: Size and Kind of Pipe, Conduit or Cable: Depth from Surface: Dimensions of Excavation: Method of Installation or Construction (including method of compaction and excavation) Machine Excavation: Yes No Work to start within days and be completed within days thereafter. Will detouring of traffic be necessary: If so, describe rerouting: The date when work is completed For must be reported to the person designated by municipality. (Applicant) Signed Dated -------------------------------------------------------------------------------------------- AUTHORIZATION OF PERMIT Upon payment of permit fee in the amount of $ and submission of a surety bond in the amount of $5000.00 (if required), and in consideration of the agreement to comply in all respects with the street or alley excav4ation ordinances and regulations applicable covering such operations, permission is hereby granted for the' work to be done as described in the above application; said work to be done in accordance with special precautions required, as hereby stated: It is expressly understood that this permit is conditioned upon replacement or restoration of the road surface, right-of-way, and utility easement to its proper condition in accord- ance with the appropriate rules and regulations. Failure to comply with the appropriate rules and regulations which causes the City extra expenses, will result in those expenses being charged to the permitee. No new permits will be issued until all monies owed have been paid. - DATE: APPROVED: All requirements shown on the next page to be complied with. LAPP, LAURIE, LIBRA, ABRAMSON & THOMSON CHARTERED GERALD T. LAURIE• WILLIAM S. LAPP DAv10 A. LIBRA FRANK ABRAMSON RICHARD T. THOMSON JOHN R. STOEBNER GREGORY O. PUSCH KAREN A. RISKU ANDREW E. TANICK FREDERICK H. LEWIS City of Albertville Box 131 Albertville, MN 55301 ATTORNEYS AT LAW ATTENTION: City Administrator June 6, 1990 Frankfort Township c/o Sherry Berning, Township Clerk 2775 Lander Avenue Northeast St. Michael, MN 55376 ATTENTION: Township Board of Supervisors Dear Sir/Madam: 1800 FIRST BANK PLACE WEST 120 SOUTH SIXTH STREET MINNEAPOLIS. MINNESOTA 55402 TELEPHONE 16121 338-5815 FACSIMILE 16121 349-6986 'CIVIL TRI.L SPEa.11 T CERTIFIED BY MINNElOT. STATE aA MSSOC'.TION Our firm represents Franklin Outdoor Advertising Company. As you know, due to the recent destruction -of a drain tile system located next to Interstate Highway 94 near Albertville, the property upon which Franklin Outdoor Advertising Company facilities are located has had a substantial accumulation of water. This accumulation has a negative effect on the business operation of Franklin Outdoor Advertising Company and substantially diminishes the fair market value of the property. It is my understanding that several other property owners in Albertville and Frankfort Township are encountering similar problems as a result of the destruction of this drain tile system. Please be advised that if this problem is not alleviated, we will take all necessary legal action against the City of Albertville, Frankfort Township, and any other parties involved in permitting the destruction of the drain tile system and/or directly causing its destruction. Please respond to this letter no later than June 20, 1990, or we will take action to enforce our legal rights. Sincerely, A�� . Joh R. Stoebner JRS:lls ►t IV 1 'IF i : ../ SEWER ACCOUNTS i 1-J-'S HEATING & AIR CONDITIONING 15.5G KENNETH TWM/PARK RENTALI / UNITED TELEPHONE ►i OF I i'i 100.00 •' vi' : 1 PARTNERSHIP ii 0i SHERBURNE COUNTY AVSTRACT & TITLE ►i TOTAL6,277.20 i • it i It : • 99 i5: • CHOUINARDS _02.66 im90 CROW RIVER NEWS 136.85 U6591 NORTHWEST1 E1 CONSULTANTS 940.16 10592 SOUTH SIDE LUMBER 77-47 10593 ENGINE INC. 170.64 ' ' NORTHERN OXYGEN SE' '/ ti • 10595 PATIO DOORS 910.00 ',• MID CENTRALit 10597 MEYER .1 I3,333.97 10598 BRIGGS c MOFCA 2,035.20 'i • • WRIGHT COUNTY 1 1 t ' ' .I' 2,619.00 i : / ri MOBILE LOCKI / SAFE 630.00 1"i RICK WACKKEVENT TRAINING 233.70 10603 DIVERSIFIED S•1'Et r. SERVICES 1,979.24 10604 ROBERT MILLER 1,815.00 10607 QUALITY INDUSTRIES INC- 9,354.00 W i .T 112" I'i FEED RITE r ✓r1,578.75 10610 CCU• .O:. GARl)EN EQUIP. 26.90 imil TOWNOF OTSEGO 75.00 M12 T : S TRUCKINGa. F,To7l3 SCHERER SANITATION SERVICE 330.00 06 IC TIME 1,516.09 10616 S1' 278.95 rig M • •• 'i• i BILL CORRELL 103.80 TOTAL s