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1991-11-18 CC Agenda/PacketJ ALBERTVILLE CITY COUNCIL AGENDA November 18, 1991 I. CALL MEETING TO ORDER II. APPROVAL OF THE AGENDA III. APPROVAL OF CONSENT AGENDA ITEMS * Attached list IV. FOLLOW-UP SHEET * November 4, 1991 Meeting V. APPROVAL OF THE MINUTES * October 30, 1991 - Assessment Hearing - Parksedge * October 30, 1991 - Reassessment Hearing - Sunrise Commercial Park # * October-30, October 30, 1991 - 1991 - Assessment Assessment Hearing - Hearing - Westwind 2nd Westwind Commercial Property * November 4, 1991 - Regular Meeting VI. COMMUNITY FORUM - Jerry Denzel - RCM Associates VII. DEPARTMENT BUSINESS A. MAINTENANCE * Monthly Operation Report - October, 1991 B. ENGINEERING - Correspondence from City of St. Michael Engineer RE: Terrace Hills Drainage - Sanitary Sewer Trunk for High School - Project Updates C. LEGAL - 'Sunshine Kennels - Project Updates 8 D. ADMINISTRATION # Financial Statement # Approval to pay bills (Check #5639 to #5674) - Personnel Policy Review RE: Vacation Carryover - Snow Plowing Complaints RE: Tearing up sod in yards # RESOLUTION ENCOURAGING ELK RIVER SCHOOL DISTRICT #726 AND SAINT MICHAEL-ALBERTVILLE SCHOOL DISTRICT #885 TO MODIFY COMMON SCHOOL DISTRICT BOUNDARIES See Attached Letter Dated November 1, 1991 from Superintendent Mario DeMatteis VIII. COUNCIL MEMBER REPORTS VIII. OTHER BUSINESS IX. ADJOURNMENT 41 • ALBERTVILLE CITY COUNCIL CONSENT AGENDA ITEMS November 18, 1991 III. Approval of Consent Agenda Items - Follow-up Sheet from November 4, 1991 Meeting - Minutes of October 30, 1991 - Assessment Hearing - Parksedge - Minutes of October 30, 1991 - Reassessment Hearing Sunrise Commercial Park - Minutes of October 30, 1991 - Assessment Hearing - Westwind Second Addition - Minutes of October 30, 1991 - Assessment Hearing - Westwind Commercial Property - Minutes of November 4, 1991 - Regular Meeting - Monthly Operation Report - Financial Statement - Approval to pay bills (CK #5639 - CK #5671) - RESOLUTION ENCOURAGING ELK RIVER SCHOOL DISTRICT #728 AND SAINT MICHAEL-ALBERTVILLE SCHOOL DISTRICT #885 TO MODIFY COMMON SCHOOL DISTRICT BOUNDARIES. • • ALBERTVILLE CITY COUNCIL November 18, 1991 Albertville City Hall 7:30 PM PRESENT: Mayor Jim Walsh, Councilmen Donatus Vetsch, Duane Berning, Mike Potter, and Mark Barthel, City Attorneys Bill Radzwill and Mike Couri, City Engineer Thore Meyer, City Clerk Linda Houghton Mayor Walsh called the regular meeting of the Albertville City Council to order. The agenda was amended by adding a discussion with Andy Savitski concerning Sunrise Commercial Park under the legal department business. Barthel made a motion to approve the agenda as amended. Vetsch seconded the motion. All voted aye. The Follow-up Sheet from the November 4, 1991, meeting was approved on a motion by Vetsch, seconded by Barthel. All voted aye. The minutes of the October 30, 1991, Assessment Hearing on the Parksedge development were approved on a motion by Vetsch, seconded by Barthel. All voted aye. The minutes of the October 30, 1991, Reassessment Hearing on the Sunrise Commercial Park development were approved on a motion by Vetsch, seconded by Barthel. All voted aye. The minutes of the October 30, 1991, Assessment Hearing on the Westwind Second Addition development were approved on a motion by Vetsch, seconded by Barthel. All voted aye. The minutes of the October 30, 1991, Assessment Hearing on the Westwind Commercial property were approved on a motion by Vetsch, seconded by Barthel. All voted aye. The minutes of the November 4, 1991, regular City Council meeting were approved on a motion by Vetsch, seconded by Barthel. All voted aye. Jerry Denzel, representing RCM Associates, presented the Council with information regarding the engineering services offered by their company. The October Monthly Operation Report for the wastewater treatment plant was approved on a motion by Vetsch, seconded by Barthel. All voted aye. The Council next considered the items under Administration because the city engineer was not yet present at the meeting. Vetsch made a motion to approve the Financial Statement for the period November 1 - November 14, 1991, as presented. Barthel seconded the motion. All voted aye. Vetsch made a motion to approve payment of the bills (Check #'s 5639 - #5674) with the exception of Check #5662 to Robert Miller Law Office in the amount of $505.00. Barthel seconded the motion. All voted aye. Vetsch made a motion to adopt the following resolution: BE IT RESOLVED, that the City Council of the City of Albertville authorizes the clerk to close the Sewer Construction Account at Security Bank Northwest and to transfer the funds in the account to the City's regular checking account. Potter seconded the motion. All voted aye. The Council discussed the City's Personnel Policy in regards ^ to Section 19, Item e - Vacation. The Personnel Policy states that under no circumstances will employees be allowed to accumulate in excess of 20 days of vacation leave. The Council directed the city attorney to draft several options allowing employees to carry a maximum of 30 days of vacation leave with the condition that the carried over vacation leave must be used by June 30th of the next year. The Council directed the clerk to have all employees draft a job description for his/her position. The clerk was also directed to establish, update, and maintain a personnel file for each employee, including an employment application verifying the date of original employment with the City. The Council reviewed the snow plowing complaint from Gary Herbert, 6030 Kalland Drive NE. According to the complaint filed, sod was torn up by the snow plow in their yard. The Council directed the clerk to write a letter to the Herberts explaining the City's snow plowing policy and the problems associated with plowing. Vetsch made a motion to approve the RESOLUTION ENCOURAGING ELK RIVER SCHOOL DISTRICT #728 AND SAINT MICHAEL-ALBERTVILLE SCHOOL DISTRICT #885 TO MODIFY COMMON SCHOOL DISTRICT BOUNDARIES. Barthel seconded the motion. All voted aye. ^ Potter made a motion directing the clerk to contact Superintendent DeMatteis of the ISD #885 School District requesting that the Albertville City Council be scheduled on the December 2, 19911 school board agenda to present the above resolution and encourage the two school districts to modify their boundaries. The regular meeting of the City Council will be held at the City Hall immediately following the Council's attendance at the school board meeting. Barthel seconded the motion. All voted aye. Vetsch made a motion to set a special joint meeting of the Albertville City Council with the Otsego City Council on December 3, 1991, at 8:00 PM at the Albertville City Hall to discuss fire contracts. Potter seconded the motion. All voted aye. The Council reviewed the letter dated November 5, 1991, from City Attorney Mike Couri regarding Sunshine Kennels. According to the letter, City ordinances do not allow for the operation of a kennel in the current I-3 zone. Sunshine Kennels cannot qualify as an existing, non -conforming use either. Potter made a motion that the City send the owners of Sunshine Kennels a letter directing them to cease operation of the kennel immediately. Vetsch seconded the motion. All voted aye. Andy Savitski, owner of Sunrise Commercial Park, has requested that the City reimburse him by means of a reduction in assessments for the costs he has incurred in replacing and compacting dirt that was removed from one of his lots for the sub -base of his road. The .-� Council reviewed Savitski's letter dated November 18, 1991, detailing his costs. Couri advised the Council that Savitski would be responsible for the cost of the fill (approximately 2800 cubic yards of dirt) used to bring the road up to sub -grade. However, Savitski has indicated that he could have gotten that dirt at $3 per cubic foot, or $8,400. Savitski has paid $12,340.00 for dirt hauled into the lot. In addition to the $3,940 additional expense incurred by Savitski, he anticipates that the extra footing and block necessary to build on this lot will cost an additional $2,625.00. Leveling and compacting the soil has cost Savitski $2,500.00. Potter made a motion to adopt the following resolution: BE IT RESOLVED, that the City Council of the City of Albertville hereby agrees to deduct a total of $9,065 from the assessment on the Sunrise Commercial Park to reimburse the property owner in the amount of $3,940 for fill material, $2,625 in additional costs for footing and block, and $2,500 for leveling and compacting. Barthel seconded the motion. All voted aye. Couri reported that he has met with the Westwind commercial property owners, and there has been no agreement over the assessment on this property. Radzwill reported that the easements necessary to construct the sanitary sewer lines for the new high school are nearly completed. The attorneys advised the Council the City's comparable worth plan must be submitted by December 31, 1991. Couri recommended each of the City's employees draft a job description by next week so that he and the clerk can review and revise them as necessary before the Council approves them. The Council must also establish a wage scale for each job. The Council reviewed the letter dated November 13, 1991, from the Internal Revenue Service denying abatement of penalties and interest on the delinquent taxes from 1988, 1989 and 1990. Clerk Linda Houghton explained that charges for having a inspector/observer from the Joint Powers engineering firm on -site at the Westwind Second Addition cost approximately $7,250 total. Although that cost is charged to the developer, the Council was upset by what appears to be an outrageous charge. The clerk was directed to write to the Joint Powers Board requesting a detailed and itemized bill explaining those costs. The City of Albertville's representatives to the Joint Powers Board will oppose these charges at the next Board meeting. Mayor Walsh reported to the Council that he will be recommending to the Joint Powers Board that the Board hire an qualified individual to operate the water system, rather than to continue to contract a maintenance service. Engineer Thore Meyer reviewed the letter dated November 4, 1991, from the City of St. Michael's engineer concerning the drainage problem from St. Michael into Albertville. Thore indicated that the solution proposed seems reasonable. The Council discussed setting a bid date for the sanitary sewer line to serve the new high school. Attorney Radzwill advised the Council not to set a bid date until the results from Malcolm Watson's appraisal of the property are received. The attorneys expect the results within the week. Vetsch made a motion to adopt the following resolution: BE IT RESOLVED, that the City Council of the City of Albertville will hold a second public hearing on the proposed trunk sewer improvement No. 1991-2 on December 10, 1991, at 7:00 PM at the Albertville City Hall. Potter seconded the motion. All voted aye. The engineer and the clerk were directed to send a letter to Albertville Industrial Development Corporation stating that it is the City's belief that a tile line through the Barthel Manor Second Addition was damaged or destroyed when the development was graded and requesting that they repair the tile line or .reimburse the City for those repairs. Barthel made a motion to adjourn at 10:00 PM. Potter seconded the motion. All voted aye. IIT7Mes A. Walsh, Mayor Linda Houghton, rk CITY OF ALBERTVILLE COUNTY OF WRIGHT STATE OF MINNESOTA RESOLUTION ENCOURAGING ELK RIVER SCHOOL DISTRICT #728 AND ST. MICHAEL-ALBERTVILLE SCHOOL DISTRICT #885 TO MODIFY COMMON SCHOOL DISTRICT BOUNDARIES. WHEREAS, The Elk River School District #728 and the St. Michael -Albertville School District 0885 share common boundary lines within the City of Albertville; and WHEREAS, Such boundaries currently cause the disruption of neighborhood continuity and inefficient transportation of students through duplication of bus routes; and WHEREAS, The City Council of the City of Albertville desires an equitable and efficient school district boundary that would not disrupt neighborhood continuity; and WHEREAS, The City Council of the City of Albertville desires to be consulted with regard to any future boundary adjustments between the two named school districts; THEREFORE, The City Council of the City of Albertville hereby resolves that it is to the advantage of the Elk River School District #728 and the St. Michael -Albertville School District #885 to modify their common boundaries in such a manner that would eliminate inefficiencies in the transportation of students and would establish and maintain neighborhood continuity within the City of Albertville. ADOPTED by the City Council of the City of Albertville this eighteenth day of November, 1991., r ATTEST TO: Linda Houghton, C1 y Clerk FOLLOW-UP SHEET November 4, 1991 Meeting THORE, - Check to see if the costs of re airin p g/replacing the BILL on Ron Becker's property should be the responsibility of the developer. COUNCIL - Review the list of bills that the city attorney feels MEMBERS are reimbursable from Fraser Steel before the invoice is sent. LINDA - Contact Ralph Ackerman about City's costs for his Conditional Use Permit request CITY OF ALBERTVILLE ASSESSMENT HEARING PARKSEDGE SUBDIVISION October 30, 1991 Albertville City Hall 7:30 PM PRESENT: Mayor James Walsh, Councilmen Duane Berning, Donatus Vetsch, Mark Barthel, and Mike Potter, City Attorneys Bill Radzwill and Mike Couri, Engineer Thore Meyer, Clerk Linda Houghton Mayor Walsh opened the assessment hearing to act upon the proposed municipal improvements assessment of all of the properties within the Parksedge Subdivision, including lots one through four in block one and lots one through five in block two. The clerk read the Notice of Hearing on Proposed Assessment. Engineer Thore Meyer explained that the total costs to be = assessed on the nine parcels in this addition is $95,000. The nine parcels will be assessed at an annual interest rate of 8.25%. The City still holds two letters of credit for this subdivision. No one in the audience asked to address the Council concerning the proposed assessment. The clerk stated no objections, either oral or written, have been filed at the City Hall concerning the proposed assessment. Vetsch made a motion to approve the RESOLUTION RATIFYING ACTIONS OF CITY CLERK IN REGARD TO MATTERS PERTAINING TO ASSESSMENT HEARING AND DETER*1I*DING COSTS TO BE ASSESSED TO BENEFITED PROPERTY OWNERS. Potter seconded the motion. All voted aye. Berning made a motion to approve RESOLUTION ADOPTING ASSESSMENT. Barthel seconded the motion. All voted aye. Potter made a motion_ to adjourn the public hearing. Barthel seconded the motion. All voted aye. Linda Houghton, Clerk CITY OF ALBERTVILLE REASSESSMENT HEARING SUNRISE COMMERCIAL PARK October 30, 1991 Albertville City Hall 7:30 PM PRESENT: Mayor James Walsh, Councilmen Duane Berning, Donatus Vetsch, Mark Barthel, and Mike Potter, City Attorneys Bill Radzwill and Mike Couri, Engineer Thore Meyer, Clerk Linda Houghton Mayor Walsh opened the assessment hearing to act upon the proposed municipal improvements reassessment of the properties within Sunrise Commercial Park, including lot one in block one, lots one through three in block two and lot one in block three, all in the City of Albertville, Wright County, Minnesota. The clerk read the Notice of Hearing on Proposed Assessment. Attorney Mike Couri advised the City Council to reconvene this reassessment hearing to another date until an agreement can be worked out with Andrew Savitski, owner of Sunrise Commercial Park. Mr. Savitski was in attendance at the hearing and agreed to reconvene the reassessment hearing on November 19, 1991, at 7:30 PM. Berning made a motion to adjourn this public hearing and reconvene the meeting on November 19, 1991, at 7:30 PM. Barthel seconded the motion. All voted aye. Linda Houghton. Clerk CITY OF ALBERTVILLE ASSESSMENT HEARING WESTWIND SECOND ADDITION October 30, 1991 Albertville City Hall 7:30 PM PRESENT: Mayor James Walsh, Councilmen Duane Berning, Donatus Vetsch, Mark Barthel, and Mike Potter, City Attorneys Bill Radzwil.l and Mike Couri, Engineer Thore Meyer, Clerk Linda Houghton Mayor Walsh opened the assessment hearing to act upon the proposed municipal improvements assessment of all of the properties within the Westwind Second Addition, including lots one through eighteen in block one, lots one through six in block two, and lots one through twelve in block three, all in the City of Albertville, Wright County, Minnesota. The clerk read the Notice of Hearing on Proposed Assessment. Present in the audience to address the Council concerning the proposed assessment of Westwind Second Addition were Wally O'Dell, George W. Yankoupe, and John Darkenwald. President of Joan George, Inc. John Darkenwald presented the Council with a letter of objections, dated October 30, 1991, to the special assessments proposed for Westwind Second Addition. Attorney Mike Couri advised the Council that when the date of the assessment hearing was set, the proposed assessments were calculated on estimated cost figures. As of this date, the first lift of blacktop has nearly been completed. Engineer Thore Meyer indicated he should be able to have the exact cost figures for bonding purposes, excluding the final lift of bituminous very soon. Darkenwald, Yankoupe, and O'Dell agreed to a continuation of the assessment hearing for Westwind Second Addition on November 19; 1991. Barthel made a motion to adjourn this proposed assessment hearing and to continue the hearing on November 19, 1991, at 8:00 PM so that more accurate cost figures on the project can be compiled. Potter seconded the motion_. All voted aye. Linda Houghton, Clerk CITY OF ALBERTVILLE ASSESSMENT HEARING WESTWIND COMMERCIAL PROPERTY October 30, 1991 Albertville City Hall 7:30 PM PRESENT: Mayor James Walsh, Councilmen Duane Berning, Donatus Vetsch, Mark Barthel, and Mike Potter, City Attorneys Bill Radzwill and Mike Couri, Engineer Thore Meyer, Clerk Linda Houghton Mayor Walsh opened the assessment hearing to act upon the proposed municipal improvements assessment of the properties within part of the Southeast quarter of Section 35, Township 121, Range 24, and the North 180 feet of the Northeast quarter of Section 2, Township 120, Range 24, all such properties lying West of Wright County Highway 19, South of Wright County Highway 37 and East of Westwind Addition, all in the City of Albertville, Wright County, Minnesota. The clerk read the Notice of Hearing on Proposed Assessment. Present in the audience to address the Council concerning the proposed assessment of this property were Wally O'Dell, George W. Yankoupe, and John Darkenwald. President of John George, Inc. John Darkenwald presented the Council with a letter of objections, dated October 30, 1991, to the special assessments proposed for this property. Attorney Mike Couri has allocated the costs of the 1988-1A and the 1988-3A projects on a proportional basis. All property that benefited from these projects, with the exception of the Westwind commercial property, has already been assessed. The assessment was based on linear feet of abutting properties. There are 592' of frontage in the Westwind commercial property that was not assessed. Couri has calculated the costs of the project attributable to the WEstwind commercial property as follows: Watermain construction $11,341.81 Sanitary sewer construction $11,984.15 Engineering costs $3,630.65 Soft costs & Engineering X soft cost ration $2,649.93 Total costs to be assessed $29,606.54 Statutory 105% assessment factor $1,480.33 Total Assessment $31,086.87 The proposed assessment for the Westwind commercial property is based on the same costs as the assessment on the other properties already assessed. Wally O'Dell asked the Council to continue the public hearing to allow the developers time to meet with the city engineer and the city attorney to discuss the proposed assessment. The Council agreed to a continuation of the public hearing. Potter made a motion to continue the public hearing regarding the assessment of the Westwind commercial property to November 19, 1991, at 7:30 PM. Vetsch seconded the motion. All voted aye. Linda Houghton, Clerk ALBERTVILLE CITY COUNCIL November 4, 1991 Albertville City Hall 7:30 PM PRESENT: Mayor Jim Walsh, Councilmen Duane Berning, Donatus Vetsch, Mike Potter, and Mark Barthel, City Attorneys Bill Radzwill and Mike Couri, City Engineer Thore Meyer, City Clerk Linda Houghton Mayor Walsh called the regular meeting of the Albertville City Council to order. Berning requested that the agenda be amended by adding discussion of a snowplowing complaint under the Maintenance Department area. Vetsch made a motion to approve the agenda as amended. Barthel seconded the motion. All voted aye. The minutes of the October 21, 1991, meeting were approved on a motion by Barthel, seconded by Potter. All voted aye. The Council discussed the drainage problem on the Ron Becker property. City Engineer Thore Meyer has viewed the area and made ,..� his recommendation to the Council in his letter dated October 17, 1991. Thore reported that the tile line appears to have been destroyed at some point before the sewer and water installation occurred. The Council directed Thore to contact the developer of the Barthel Manor Second Addition to determine if the developer should be responsible for the costs associated with correcting the drainage problem. The Council assured Becker that they would find a solution and remedy the problem in the spring. Mayor Walsh read the following memo, dated November 4, 1991, that he directed be placed in the personnel files of the two City maintenance department employees: "The purpose of this memo is to recognize and to congratulate you on the tremendous job of snowplowing that you performed for the City beginning early Friday morning, November 1, and continuing through the remainder of the snow storm. As mayor, I am taking this opportunity to commend you for doing your job as quickly and efficiently as possible." The memo is signed by Mayor Walsh. Councilmen Vetsch and Barthel chose to add their signatures to the memo. Berning told the Council that he had received a snowplowing complaint from Jeff Chounard. Chounard reported to Berning that Ken was using the wing on the snow plow and literally knocked him ^ down as he was snowblowina his driveway. Chounard claims to have a witness to the event. Ken explained that he had blown the horn to alert Chounard that he was coming and that he motioned to Chounard, with whom he had made eye contact. Ken told the Council he is not aware of Chounard being knocked down. Councilman Vetsch explained that he was riding in the snowplow with Ken at the time the incident occurred. He verified that Ken had honked the horn and motioned Chounard back. It is Vetsch's opinion that eye contact had been made, although he does not know that Chounard was knocked down. Vetsch recommended that each of the Council ride the snowplow with Ken at some point in order to get a better understanding of the problems associated with snowplowing. Ken reported that the maintenance department will need two or three days of work using the snowblower and loader to completely clear the streets in the City. Clerk Linda Houghton presented the Council with the number of overtime hours that the maintenance department has put in over the preceding weekend in plowing the streets. She recommended that the Council consider paying Ken for the 40 hours of overtime that would ordinarily be attributed to comp time hours. Vetsch made a motion to pay Ken Lindsay for 40 hours of overtime accrued over the snow storm of November 1-3. Barthel seconded the motion. Vetsch and Barthel voted aye. Potter and Berning voted no. Mayor Walsh cast his vote in favor of paying Lindsay for 40 overtime hours. The motion carried. ^ John Darkenwald and George Yankoupe addressed the Council regarding having the streets in the new Westwind Second Addition plowed to enable the electric company to install their underground wiring. Thore explained to the Council that it has been past policy to plow new streets before they are officially approved. He recommended that the City plow the Westwind Second Addition streets so that the utilities can be installed in the development. After the utilities are in, Thore suggests that the City not continue to plow the unfinished portion of 62nd Street. Potter made a motion directing Ken to plow only two strips in the Westwind Second Addition as soon as possible so that the utility companies can get their lines in. Barthel seconded the motion.. All voted aye. Thore reviewed the bids for the 1991-3 Project ;Westwind Second Addition. Retention Pond;. He recommended the Council award the contract in the amount of $13,690 to Veit and Company, the lowest responsible bidder. Vetsch made a motion to approve the following resolution: Be it resolved, the Council of the City of Albertville awards the bid for the construction of the 1991-3 Improvement Project to Veit and Company at a contract price of $13,690. Potter seconded the motion.. All voted aye. Thore reviewed Improvement Project 1991-2 (Sanitary Sewer Trun): Line Project) with the Council. Radzwill told the Council C� that he is waiting for the appraisal report from Malcolm Watson regarding the area assessment possibility. Attorney Mike Couri presented a letter dated November 4, 1991, to the Council outlining what should be agreed upon by the City and the developer before preliminary plat approval is granted for Westwind Third Addition. Thore has sent a letter to MPCA regarding the City's plans for decreasing the flow into the sanitary sewer system and long-range proposals for the expansion of capacity of the ponds. Wally O'Dell pointed out to the Council that John - George Inc. object to Paragraph 2 of the November 4, 1991, letter to the City Council. Mayor Walsh indicated he objects to Paragraph 4 of the letter. Mayor Walsh set up a meeting with the city engineer, the city attorney, Councilman Vetsch and himself for Thursday, November 7, 1991, at 7:30 PM to discuss the sanitary sewer issues. Potter made a motion to have each of the Council review the billings that the attorneys have found to be reimbursable from Fraser Steel. If none cf the Council have objections or questions regarding the billings, Attorney Mike Couri is authorized to send an invoice to Fraser Steel. Barthel made a motion to approve the Financial Report for the period October 100 - October 31, 1991. Potter seconded the motion. All voted aye. Barthel made a motion to approve payment of the bills (Check #'s 5606-5638). Potter seconded the motion. All voted aye. Ba:-t:-:c_ made a -:ct; to approve the Follow-up Sheet from the October 1991, meeting. Potter seconded the motion. All voted aye. rawl=h _-e^^r`ed `"e Joint Powers Board meeting. It is Albertville's recommendation to the joint board that each community's engineers meet and jointly come up with some long- range clans fc_ the expansion of the water system. Putt-r reper`_ed thy_ the Park Board has requested a job descript_cr sort_, ?e•--l;ng th ei_ dut_Jes, responslbiIIties any-? 1 i mi tati ons . Berning questioned f- the City would be able to recover the costs associated with the Ralph Ackerman conditional use permit application. Linda -aas directed to contact Mr. Ackerman and have a` he will be responsible for all costs incurred ay the City in _.e conditional use permit process. The Council __ a budget meeting for Tuesday, November 12, 1?91, at 30 PM. Potter made a motion to adjourn at 10:00 PM. Barthel seconded the motion. All voted aye. James A. Walsh, Mayor L_nda Houg"ton, Clerk ME THIS FORM 'MIISTBBTORN$DINTOCITYHALLBY,bHOPMw',THS '*_ �t BBFORE:THE SC HEDOLSD�CITYxCOQNGIM siTING r t s J jam_ t y •!i': . -".r '!i QUEST -TO BE 'SCHEDULED ON AGENDA .dLBERTVILLE CITY COUNCIL MEETING s Ii •r, . f. _, w%.T i F x - 4 I< . 1 4, .:`L (Y, .':k� 411 r a ' 3 rb e�• .. ..s.:a. •� �.ni_ '�'6":�� «.:�.'i..{�..�w.�i�irn..nd.'3u"".c.: Y :-'...•....: <. a. . I DATE .OF MSBTING = .: s' - - .. Nam:` .., M O DEPARTMENVADDRESS . BUSINESS TO BE' BY CITY COUNCIL: «� ; -ADDRESSED +fY"•4y�{"i".,r."n ART ACTION REQUESTED OF COUNCIL:• r �•� -�i, �, •• S't+I J�jy Sr My� f�.Y,.yyJlryT . �' - P .• � - .Ly �Y�iy T'�'f'4yN��yE��'i��}h5 •-.*. l .: ._', • _ wit Kr ,},.�v A ^•[ � jY .. - - ar gip::.. 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M m 0 ; m _< C� X acNmr Z a w Ix, y r > a C N �M > (.4 tee— �y V (>O 0 D Z v cz, n -mi c �r - v m --i Z 0 n (N a 2 �' w %� C` n m m 0 �" -� D m c D D r O '" 0 z m Q o zo 0 Q ©� N D Ct rca � zm I+ N D X X /� X X X - o 40 m J 01 N u N + W N - O w m V m v A W N _ o w m J O' U A w N - i m 1XI, m XXIXXX X REMARKS W + m -4 O A� INDEX K Z 0 m Z m m O O In D N m D m m D -I m Z -I D r Z D m �r'nU> pCm0 Mzoo C W w r OD0O mal Z O cn Z O r Z D n O m m n { O Z MEYER-ROHLIN, INC. ENGINEERS -LAND SURVEYORS 1111 Hwy. 25 N., Buffalo, Minn.55313 Phone 612-682-1781 November 6, 1991 City of Albertville c/o Linda Houghton, Clerk PO Box 131 Albertville, MN 55301 Re: St. Michael Drainage Terrace Hills Drainage Honorable Mayor & Council Members: Enclosed is the reply from the St. Michael engineer regarding the drainage overflow and resulting erosion on the embankment between the Terrace Hills Addition in St. Michael and the Eicher property in Albertville. The calculations for runoff, pipe sizing and catch basin sizing submitted with his response are proper. The creation of a ponding area upon the cul-de-sac by raising the boulevard elevation along the north side of the cul-de-sac would appear to be a reasonable solution to this problem. No indication was given as to the height of the berm nor the extent of the berm to the west to contain the storm water; however, the results will be obvious with each storm event that occurs. In any case, the city of St. Michael by their action has agreed to rectify the problem area. If you have any questions, please contact me. Yours very truly, Meyer ohlin, Inc. T ore Meyer Professional ng'neer cc: file E- Thore P. Meyer, Professional Engineer Robert Rohlin, Licensed Land Surveyor McCombs Frank Roos Associates, Inc. 15050 23rd Avenue North, Plymouth, Minnesota 55447 Telephone Engineers 612/476-6010 Planners 612/476-8532 FAX Surveyors November 4, 1991 Mr. Thore Meyer, City Engineer City of Albertville 1111 Highway 25 North Buffalo, Minnesota 55313 SUBJECT: City of St. Michael, Minnesota Terrace Hills Drainage MFRA #9741 Dear Mr. Meyer: The St. Michael City Council received your September 18, 1991 letter regarding the drainage problems on the Eicher property and directed me to examine the situation and report my findings and recommendations. I have done so; they have now directed me to respond to your letter. My field examination confirmed some of the items related in your letter. During some storm events, the surface drainage has overflown the catchbasin and boulevard, causing erosion of the slope between the cul-de-sac and the adjoining field. I also noted sediment deposits at the storm sewer outlet by Main Street. The catchbasin structure was designed to receive large amounts of flow. It has a standard grate, but then has an oversized box with a recessed flume approach. Therefore, I assumed that this structure was intended to take the majority of the flows from the Terrace Place cul-de-sac. There were no drainage calculations in the original plat file, so I did a brief runoff computation using the rational method. The area that drains to this catchbasin is relatively small, approximately 1.2 acres of developed property along Terrace Hills Creek and 0.8 acres of undeveloped property to the southeast. The runoff rate from the developed area will vary from 3.66 cfs for a 10-year storm to 4.90 cfs for a 100-year storm. When the undeveloped area is added, the flows increase to 4.02 cfs for the 10-year storm and 5.32 cfs for the 100-year storm. The storm sewer line leading from the catchbasin to the ditch along Main Street is a 24" diameter pipe with ample capacity to handle these flows. The catchbasin also has ample capacity to handle the flows from the developed area, but has apparently clogged or experienced storm events with a greater severity than the 100-year design storm. An Equal Opportunity Employer Mr. Thore Meyer November 4, 1991 Page Two The situation was recently worsened by an unapproved mining operation in the undeveloped area. The City has stopped that operation, but a large area was denuded, which causes a more rapid runoff rate, and is the source of the sediment problem. The City has started legal action to make the Owner of the undeveloped property do restoration work, which will reduce and clean-up storm drainage flows. The work includes the installation of silt fences and dikes. In addition, the City Public Works Department will begin repair of the washouts and increase the height of the boulevard along the north side of the cul-de-sac. This will create a ponding area in the street and increase flows into the catchbasin. An overflow flume may be placed to protect against erosion in an extreme rainfall event. If you have any questions or need additional information, please contact US. Very truly yours, Mc OMBS FRANK ROOS ASSOCIATES, INC. Je r J. Roos, P.E. JJR:jmj Enclosures �•i ~� 122201 00000' N000 z -'-71 T4--- ' 0 U 30� i ytrr • t 2 2 Q a 1'ttS.. Cl A ct �h o W4 Was�C(���5.44? / Z�30! °- 11., .T3 Arc: .ee TERRA ROAD - oft �., A8.3T ,,Fj2 2 �' IZ`3oL tiZZ� 3�S / t3c.oz 1 LL3 C h 1 Z3 I r1 N 1 2L3 -7 LA�ti� Zz 31 9 3 3 e� N .t= �' '' 31z.S1 Rz•5 yr• i4.S. ! ' SryS• 5ves. ! CJ � 20 r,j Soo IV Co \titi ti N 00 N titi c Z Z 3 0 9 ID r6 I d0 ZOr HEIGHTS Izz31 4-"Zo ROAD L - gr�S. •'I -06--al it or u >'C )J QS•ol Srda. Srla. 120 loo " it Z.loU lo0 1 > .75 i 3 rz s HEIHTS a 1 ,° _ " N ^ vw LTEF cj N 3 °WELTER : '� a �_ ESTATES] 0 1zz3 �3 =' S TH k /� N ° N ; v �" '^ n I N ESTATES 2nd a AC ,1 4 I�Z,43 10 0o I 2.,s l 4s.c1 $ IZo.79 yS' go.00 9a.00 80.00 .7O , "102• �i �k 4 :: I tij1t WELTER` �o.,a 90.00 ,�.oti ° WELTR mE�TATES ems. �5 a o a a ESTt4T ES ° d i Ln 5� ti 6 , 9 .N I v t o- 3 _ 4 T g N 7 u g r `1a.ee t oeV 7p. ' V7r!'F� q°•t) .?3.zb.� $O. 61oo 95. 9 zoo.ar ; r` t V N AVENUE n° GRAND AVENUE o r;- a.so 4a.oO jr.00 ,r•t `�' Iot.bl" 9o'pO r7.14 40. O° loh.il''-. ,�� THIRD 4 '�'�p_ M A FIRST ADDIT1O ° `aC0 o° o Ssp r 5 It 3, °° '^ 2 5 M - 2 m 3 ,a 4 0 5 •'. V �y o 2 s Z 35.00c 90 93.xi -go.o°130.* < o- Q 2 \' /01 2� T,,.LS IO.00 Oo 80.0c ItS.00 Ir o g 10 15o.eo 'S.OI Soo ,� tm LL C� LA LA L C> William S. Radzwill Andrew J. MacArthur Michael C. Couri RADZ WILL LAW OFFICE Attorneys at Law Edgewood Professional Building 705 Central Avenue East P. O. Box 369 Saint Michael, Minnesota 55376 (612) 497-1930 (612) 497-2599 (FAX) November 5, 1991 Ms. Linda Houghton 5964 Main Avenue N.E. Albertville, Minnesota 55301 RE: Conditional Use Permit for Sunshine Kennels Dear Linda: Stanley A. Ellison, Law Clerk Mei J. Edlund, Admin. Assistant As you are aware, our office has been asked to examine Albertville's Animal Control ordinance in relation to the operation of Ralph Ackerman's kennel. In addition, our office was asked to address potential building code violations stemming from the operation of the kennel and to meet with Mr. Ackerman regarding these matters. These items have been completed. However, as was recently pointed out by the City's building inspector, the operation of a dog kennel is neither a permitted use, a conditional use nor an accessory use on property zoned I-1, the zoning designation of the property currently housing Sunshine Kennels. As such, neither a conditional use permit nor a variance can be granted that would allow Sunshine Kennels to operate within the Albertville Zoning Ordinance. In addition, Sunshine Kennels cannot qualify as an existing, non -conforming use since, according to the report filed with the Planning and Zoning Commission by Sunshine Kennels' attorney, the Ackermans did not begin inquiring into the feasibility of operating a kennel until July of 1989, more than seven months after the adoption of Albertville's Zoning Ordinance in December of 1988. As such, Sunshine Kennels is currently in violation of the Albertville Zoning Ordinance. Having come to this conclusion, we are awaiting further instructions from the City Council as to the action to be taken on this matter. Sincerely, 7zt�,ZC Michael C. Couri RADZWILL LAW OFFICE CITY OF ALBERTVILLE FINANCIAL STATEMENT November 1 - November 14, 1991 Beginning Cash Balance November 1, 1991 $180,636.86 INCOME (November 1 - November 14) Building Permits 3,578.05 Impound Fees 25.00 Interest Earned 871.68 Joint Powers Lease 5,000.00 Loan Payment - Fraser 585.27 Recycling Incentive 847.80 Sewer Receipts 2,987.24 Special Assessments 4,729.72 Storm Water Receipts 387.54 Title Searches 30.00 TOTAL INCOME 18,170.62 EXPENSES (November 1 - November 14) Check Vs 5606 - 5638 22,544.75 (Approved 10/21/91) TOTAL EXPENSES 22,544.75 Ending Cash Balance November 14, 1991 $177,134.41 SEWER CONSTRUCTION FUND Cash Balance 11/1/91 $176,231.13 4.75% Interest Earned In October 710.96 Ending Cash Balance November 14, 1991 $176,942.09 --� INVESTMENTS: CD #150231 (GF) - matures 12/12/91 @ 5.90% 99,454.52 CD #8287-Sewer - matures 4/10/92 @ 7.00% 250,000.00 CD #8290 (GF) - matures 4/10/92 @ 7.00% 250,000.00 CD #7640 (Lions) - matures 4/17/92 @ 5.75% 39,407.33 CD #8288 Sewer - matures 10/9/92 @ 6.0% 309,872.88 CD #8286-Sewer - matures 10/10/92 @ 7.25% 518,125.00* CD #8289 (GF) - matures 10/10/92 @ 7.25% 518,125.00* TOTAL INVESTMENTS $1,984,984.73 * Semi-annual interest payments were added to these two CD's 10/10/91 (semi-annual interest totaled $36,250.00). Note that these two CD's do not mature until October 10, 1992. CITY OF ALBERTVILLE BILLS TO BE PAID November 18, 1991 Check # Vendor Reason Amount 5639 Alb. Auto Parts Equip. Maint. 107.26 5640 Crow River News Oct. Publications 241.83 5641 Crysteel Dist. Equip. Maint. 78.18 5642 Chouinard Ofc . Ofc . Supplies 19.97 5643 DJs Repairs & Maint. 113.90 5644 Don's Auto Fire Dept. 172.90 Sewer 42.95 215.65 5645 Empl. Ben. Admin. Workers Comp 7,941.00 5646 Div. Insp. Srvcs. Bldg. Insp. Fees 2,209.12 5647 Eull Concrete Rep. & Maint 111.90 5648 Feed -Rite Controls Testing -sewer 77.50 5649 First Trust GO Sewer&Water Rev Bds 88 163P636.25 5650 First Trust Go Imp. Bond 88 85,268.75 5651 Gopher State Oct. Srvc. 10.00 5652 Glen's Truck Cntr Tire Chains 75.00 5653 Gruys, Johnson Acctg. Srvcs. to 10/15 1,111.50 5654 Kilian Hdwre. Shop supplies 8.79 5655 Meiny's Diggers Repair sewer pipe 338.00 5656 Meyer-Rohlin General 1528.75 San Sewer 1751.25 3,280.00 5657 Mont. Anml. Cntrl. Oct. services 101.50 5658 Norwest Bank GO Imp Bond 2/1/90 53,316.25 ^ 5659 Norwest Bank GO Tax Inc. 2/1/90 8,771.25 5660 Pat' s 66 Gas & Oil 86.06 5661 Meyer-Rohlin 1991 Imp.- WW 2nd 10,236.88 5662 Robert J. Miller Legal Fees 5/91 505.00 5663 Sunshine Lawn Winterize Park & Ballfield 110.00 5664 Security Bank NW Fed. Tax Deposit 1,040.50 5665 P.E.R.A. Pay period end 11/17 350.37 5666 Ken Lindsay Pay period end 11/17 751.00 5667 Ken Lindsay Comp Time 422.39 566E Linda Houghton Pay period end 11/17 6V.47 5669 Mike Rutkowski Pay period end 11/17 556.31 5670 Ann Bednarczyk Pay period end 11/17 470.97 5671 Harvest Printing Tax Levy Letter 102.00 5672 MedCenters Group Health Ins. 1,211.50 5673 Linda Houghton Mileage Reimb. 10.78 5674 Pitney Bowes Postage Meter Rental 33.00 TOTAL $196,563.12