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1992-07-20 CC Agenda/PacketALBERTVILLE CITY COUNCIL AGENDA July 20, 1992 I. CALL MEETING TO ORDER II. APPROVAL OF THE AGENDA III. APPROVAL OF CONSENT AGENDA ITEMS * Attached List IV. FOLLOW-UP SHEET * July 6, 1992 V. APPROVAL OF THE MINUTES * July 6, 1992 - Regular Meeting * July 13, 1992 - Special Meeting - Wastewater Plant 50th Street * July 15, 1992 - Continuation of Public Hearing 50th Street * July 15, 1992 - Work Meeting - Budget VI. COMMUNITY FORUM VII. DEPARTMENT BUSINESS A. MAINTENANCE - Project Updates B. BUILDING INSPECTOR - John Ratchmark - Deck C. PLANNING & ZONING - Recommendation to approve variances for Barthel`s Mini -Storage facility as noted in the minutes of the July 14, 1992, meeting. - Recommendation to approve building plans for City Park Shelter D. ENGINEERING - High School hook up to Sanitary Sewer - Don's Bus Service hook up to Sanitary Sewer - Cost to blacktop driveway at lift station - Frankfort Drainage - Wetland Conservation Act of 1991 - Project Updates 8:00 pa E. LEGAL - Ackerman: Response to letter from attorney - Project Updates 0 F. ADMINISTRATION * Financial Statement * Approval to pay bills (Check $65 thru #65 ) - Progress report on Park Shelter - Clean up of: Road King and Custom Canopy - Weeds * Lioness pop machine - should City take over Civil Defense Siren * Recycling - Wright County Quarterly Report * Proposed Amendments to Wright County Zoning Ordinance - Swanson Insurance Claim - Letter from G.A.B. Joint Powers - Purchase Agreement for tower site VIII. OTHER BUSINESS IX. ADJOURN kojamousinew July 21, 1992 Public Hearing - TIF July 23, 1992 Joint Meeting With St. Michael Fire Department August 3, 1992 City Council - Regular Meeting August 11, 1992 Planning Commission - Regular Meeting • ALBERTVILLE CITY COUNCIL CONSENT AGENDA ITEMS July 20, 1992 III. APPROVAL OF CONSENT AGENDA - Minutes of July 6, 1992 - Regular Meeting - Minutes of July 13, 1992 - Special Meeting - Minutes of July 15, 1992 - Continuation of Public Hearing - Minutes of July 15, 1992 - Work Meeting - Budget - Financial Statement - Approval to pay bills (CK #65 thru #65 ) - Fallow Up Sheet - July 6, 1992, Meeting FOLLOW UP SHEET JULY 6, 1992 Linda: Post and publish new agenda cut-off time (5:00 PM the Weds. preceding the regular Monday meeting.) Linda: Provide Mischke with a breakdown of where building permit monies are used. Linda: Prepare report on Hennum`s proposed subdivision that Planning Commission denied. Linda: Contact Tom Holstrom, MPCA, and request that he attend July 13, 1992, Council work meeting regarding wastewater treatment facility. Linda: Supply Council with operational costs of wastewater treatment plant for July 13th work meeting. Linda: Letter to Wright County Parks Dept. advising them that the City is unable to participate in the Bikeway Plan. Linda: Provide Stan Barthel with cost estimates for recommended improvements. Linda: Meet with Rick Wacker & try to set up meting with the St. Michael Fire Department to discuss possible joint department. Linda: Send Certified letter to Otsego advising that the Albertville Fire Dept. will not respond to emergencies, other than mutual aid situations, in Otsego. ALBERTVILLE CITY COUNCIL July 20, 1992 Albertville City Hall 7:30 PM PRESENT: Mayor Jim Walsh, Councilmen Mike Potter, Duane Berning, Donatus Vetsch and Mark Barthel, City Engineers Thore Meyer and Norm Gartner, City Attorney Mike Couri, City Clerk Linda Houghton Mayor Walsh called the regular meeting of the Albertville City Council to order. Vetsch made a motion to approve the agenda as presented. Barthel seconded the motion. All voted aye. Vetsch made a motion to approve the follow-up sheet from the July 6, 1992, meeting as presented. Berning seconded the motion. All voted aye. Vetsch made a motion to approve the minutes of the July 6, 1992, regular meeting as printed. Berning seconded the motion. All voted aye. Vetsch made a motion to approve the minutes of the July 13, 1992, special meeting to discuss the wastewater treatment expansion and the improvements to 50th Street. Berning seconded the motion, All voted aye. Vetsch made a motion to approve the minutes of the July 15, 1992, continuation of the Public Hearing on 50th Street as printed. Berning seconded the motion. All voted aye. Vetsch made a motion to approve the minutes of the .July 15, 1992, special work meeting on the 1993 budget as printed. Berning seconded the motion. All voted aye. Ken was authorized to purchase a used two -wheeled trailer for $50 for the maintenance department. The trailer will be stored out at the ponds when riot in use. Ken was directed to get a list of all areas of the City where there are dips in the streets and a cost estimate to repair the areas. Ken reported that the manhole that houses the flow meter at the wastewater treatment plant is still leaking water. Thore explained that he has been in contact with the contractor who installed the manhole and the contractor will regrout the rings around the casting in an attempt to seal the manhole. Thore also recommended that a neoprime lid be placed on the manhole. The current lid can be exchanged for the neoprime lid. ALBERTVILLE CITY COUNCIL July 20, 1992 Page 2 of 5 Ken explained that he has been contacted by the director of the Summer Youth Program regarding hiring a youth to work for the City through the month of August. Linda explained that, she has spoken to the director of the program and the program pays the youth directly and no funds are expended by the City, The City is not under any obligation to retain or hire the youth at the end of the program. The Council authorized Ken to proceed to procure a youth under this program, but the youth will work exclusively in the parks. The Council reviewed the daily flows for the month of June. It was noted that infiltration seems to be an on -going problem and is apparent on the daily flows after a rainfall. Building Inspector Kevin Mealhouse reported that John Katchmark constructed a deck on his house in Westwind without a permit. Kevin notified Katchmark that a building permit was required. The permit was applied for and Kevin inspected the deck. He found three minor items that required fixing and a letter was sent to Katchmark detailing those items for correction. Katchmark has indicated to Kevin that he will not correct the items and that the City can tear off his deck. Mayor Walsh agreed to contact Mr. Katchmark to discuss the situation. Berning made a motion to approve the variance requests for the Barthel Mini -Storage as recommended by the Planning & Zoning Commission at their meeting on July 14, 1992. Vetsch seconded the motion. All voted aye, Before the Council considered the Planning & Zoning recommendation to approve the building plans for the City Park shelter, Linda explained that a settlement of $17,014 has been offered from the insurance adjuster's office to cover the fire damages. Because the insurance company had had an appraisal done on the park shelter after the fire, they claim that the building was underinsured according to their determined appraised value. The Council directed the clerk to accept the insurance settlement, because to do anything else would cost the City additional money. The clerk was directed to send GAB a letter detailing why the City was accepting their settlement with prejudice and to send a copy of the letter to Jowl Jamik at the League of Minnesota City offices. The attorney advised the Council that the City can act as its own general contractor when redoing the park shelter. Specs for the building will be drawn up and reviewed by the Council. Barthel made a motion to set a public hearing if a variance is needed for the gravel parking lot for August 11. Potter seconded the motion. All voted aye. Couri advised the Council he recommends that the clerk and the ALBERTVILLE CITY COUNCIL July 20, 1992 Page 3 of 5 animal control officer contact Ralph Ackerman regarding conditions he must meet in order to get a license for Sunshine Kennels. The Council agreed that before they will sign a purchase agreement for the Joint Powers Board the City must be assured that the bond it holds for the Joint Powers Board comes before any other bond that may be sold. The Council also concurred that Joint Powers should repay each community the $57,000+ loaned before it continues with plans to construct a new water tower. Mayor Walsh reported that he, Councilman Vetsch, the city attorney and the city clerk had met in committee to determine if a counter proposal should be made to the owners of the Westwind Commercial property regarding the assessment on that property. The committee found that four years have passed since the property should rightly have been assessed and that the assessment is fair, no counter proposal should be made. Barthel made a motion to set a public hearing for the assessment of the Westwind Commercial Property on the same date as the public hearing to assess the trunk sewer line is held, the date not set at this time. Potter seconded the motion. All voted aye. Thore explained that the trunk sewer line is completed with the exception of minor restorations. The Council has been requested to allow the new high school and Dons Bus Garage to connect to the trunk line at this time. Thore told the Council that even though not all easements have been secured, he could recommend that the Council approve the hook-ups at this time. Potter made a motion to grant the request from the new high school and Don's Bus Garage to connect to the trunk sewer line at this time. Barthel seconded the motion. All voted aye, The Council took no action to proceed with the proposal to blacktop the driveway at the lift station by Sunrise Commercial Park. Thore explained that a formula had been suggested to share the cost for the estimated $6,000 in easement work and $10,000 in ditch cleaning between the City and Frankfort Township based on total acreage and evaluation. At this time, Linda has prepared an evaluation report for the areas draining from the City through Frankfort, but Frankfort Township has not yet prepared their evaluation report. Albertville's evaluation is nearly double what Thore had predicted, which will change the results of the formula used to distribute costs between the two communities. Councilmen Vetsch and Berning will be meeting on Wednesday with two representatives of the Town Board to continue the discussion. Thore reviewed the Wetland Conservation Act of 1991 with the Council. The interim program is in effect from now until July 1, ALBERTVILLE CITY COUNCIL July 20, 1992 Page 4 of 5 1993. Wright County has agreed to be the Local Government Unit (LGU) for the townships but will not serve as the LGU for cities. Barthel made a motion to adopt Resolution 1992-13 entitled A RESOLUTION ADOPTING THE INTERIM PROGRAM OF THE WETLAND CONSERVATION ACT OF 1991, TO BE ADMINISTERED BY THE CITY OF ALBERTVILLE AS THE LOCAL GOVERNMENT UNIT. Potter seconded the motion. All voted aye. Vetsch made a motion to approve the Financial Statement for the period July 2 - July 17, 1992, as presented. Berning seconded the motion. All voted aye. Potter asked that Check #6603 (Grays, Borden, Carlson) be held until the auditors can explain why the charge for the 1992 audit was nigher than projected, when they have told the Council that the audit was easier and more efficient this year than ever before. Vetsch made a motion to pay the bills (Check #'s 6589 - 6619) with the exception of Check #6603. Berning seconded the motion. All voted aye. The Council directed Linda to notify John Gries, attorney for Steve Birkeland of Custom Canopy, that a building permit must be applied for before July 31, 1992, or the City will initiate a clean up of the construction materials on the property near Hack's. The Council directed the maintenance department to remove the weeds from the City's lot on Barthel Industrial Drive. Linda has contacted NSP about getting a warning siren for the area by the Westwind development which is within ten miles of the nuclear power plant in Monticello. Linda will meet with Greg Berning, the City's civil defense director to discuss the next steps to be taken. Barthel made a motion to postpone the work meeting to discuss the expansion of the wastewater treatment plant from July 21 to August 4. Berning seconded the motion. Vetsch, Barthel, Berning and Potter voted aye. Walsh voted no. The motion carried. Potter recommended that the City begin adding a late penalty or interest charge to the sewer and storm water billings. Linda explained that the billing program is designed to calculate an interest penalty on billings. The Council will make a final decision on the penalty charge at the next Council meeting. —. Bernard Marx questioned the Council on the progress of getting the storm sewer extended through Jim Hennum's and his dad's Property. The Council explained that either Hennum must request, a lot split or the City must secure an easement through Hennum's lot before anything more can be done. Linda was directed to contact Hennum to see how he wants to proceed, ALBERTVILLE CITY COUNCIL July 20, 1992 Page 5 of 5 Barthel made a motion to adjourn at 10:32 PM. Potter seconded the motion. All voted aye. ALBERTVILLE CITY COUNCIL CONSENT AGENDA ITEMS July 20, 1992 III. APPROVAL OF CONSENT AGENDA - Minutes of July 6, 1992 - Regular Meeting - Minutes of July 13, 1992 - Special Meeting - Minutes of July 15, 1992 - Continuation of Public Hearing - Minutes of July 15, 1992 - Work Meeting - Budget - Financial Statement - Approval to pay bills (CK #65 thru #65 ) - Follow Up Sheet - July 6, 1992, Meeting ALBERTVILLE CITY COUNCIL July 6, 1992 Albertville City Hall 7:30 PM PRESENT: Mayor Jim Walsh, Councilmen Mike Potter, Duane Berning, Donatus Vetsch, and Mark Barthel, City Clerk Linda Houghton, City Engineer Norm Gartner, City Attorney Bill Radzwill and Mike Couri Mayor Walsh called the regular meeting of the Albertville City Council to order. The agenda was amended by the addition of approval of a 3.2 Liquor License for the Albertville Jaycees for July 17, 18, and 19. Vetsch made a motion to approve the amended agenda. Barthel seconded the motion. All voted aye. Linda was directed to post and publish notice that the agenda cut-off time for the City Council meetings is 5:00 PM the Wednesday preceding the regular Monday meeting. The joint drainage proposal between Albertville and Frankfort Township will be placed on the agenda for the next regular meeting. Councilman Barthel stated that in order to keep the Council meetings at a reasonable length, the Councilmen should see Linda before the meeting if they have specific questions on the financial statement, the bills or the follow-up sheet. Barthel made a motion to approve the follow-up sheets from the June 1 and June 15 meetings and directed Linda to include the action taken on each item listed on future follow-up sheets. Vetsch seconded the motion. All voted aye. Barthel made a motion to approve the minutes of the June 15, 1992, meeting. Vetsch seconded the motion. All voted aye. Barthel made a motion to approve the minutes of the June 23, 1992, public hearing on the 50th Street Improvement. Vetsch seconded the motion. All voted aye. George Yankoupe addressed the Council concerning the quotation of Councilman Berning in the Crow River_ News regarding the Council's "bending over backwards for the apartments". Berning explained that he feels the City has to accommodate businesses and industries as well as concentrating on residential units. Potter made a motion to approve the final site plan for Andy Savitski's parcel in Sunrise Commercial Park. Barthel seconded the motion. All voted aye. Don Mischke, Chairman of the I.S.D. #885 School Board, questioned the Council about the charges the district paid for ALBERTVILLE CITY COUNCIL July 6, 1992 Page 2 of 4 building permits for the new high school. The clerk has provided him with the breakdown of the costs, but he questioned why the school was charged approximately $10,000 for plan review fee. He also asked why there was a separate mechanical fee. He stated that was uncommon for this area. Building Inspector Kevin Mealhouse explained that the mechanical plans had not been submitted at the time the building permit was issued. Ordinarily the mechanical fee would be included on the building permit. The plan review and the permit fees are calculated using the 1979 building code structure. Mischke stated that the new high school could have connected to the St. Michael sewer system for about $23,000. He questioned the validity of the City ordinance that required the school to be connected to the Albertville system. Mischke indicated that the City has not deviated from its hard and fast rules to help the school district at all. He asked that the City provide him with a breakdown on where the building permit monies are used. Engineer Norm Gartner reviewed the revised Feasibility Study on the 1992-1 Project with the Council. The revised study shows estimated costs of $5,300. The Council was advised the easements are necessary before the project can be constructed, either through platting or securing easements from the property owners. Financing the project could be directly the property owners responsibility or the City could do the work and assess those property owners who benefit. Linda was directed to put together a report on the proposed subdivision of Jim Hennum's lot that the Planning and Zoning Commission denied. Gartner was directed to meet with the property owners to decide how to proceed. Gartner reported that the sanitary sewer extension to the new high school is virtually complete. The last testing will be done on Wednesday of this week. Restoration is nearly complete as well. Gartner advised the Council to review the information on the Local Government Unit for wetlands area that has been provided. The issue will be scheduled on the next Council agenda. Gartner reviewed his communications with Tom Holstrom of the MPCA. Gartner is in the process of doing bench scale testing that the PCA requires. Councilman Potter questioned whether the City would be wise to construct the new facility to accommodate 515,000 gallons per day. He does not want the City to be in the same "must do" situation again in a few years. Gartner will look into that option. Berning made a motion to cancel the preliminary budget meeting set for July 13 and set up a work meeting on the wastewater treatment facility and on the 50th Street Project for 6:00 PM on Monday, July 13th. Potter seconded the motion. All voted aye. Linda was directed to contact Tom Holstrom of the MPCA and ask him to attend this work meeting. ALBERTVILLE CITY COUNCIL July 6, 1992 Page 3 of 4 Linda was asked to provide the Council with the operational costs of the wastewater plant for the July 13 work meeting. Linda and Norm Gartner will be meeting with a representative of Juran & Moody on Thursday morning to discuss financing the expansion. The Council agreed to send Mike Rutkowski to the Basic MPCA School to be held in Bemidji October 27-29. Registration for the course is $70.00. Ken asked the Council to consider blacktopping the driveway to the lift station by Sunrise Commercial Park when that street is improved. Thore will get cost estimates. Linda was directed to write a letter to the Wright County Parks Department advising them that the City is unable to participate in the County Bikeway Plan because of lack of funding. Couri recommended that the Council schedule a work meeting to discuss the amendments to the TIF districts before the public hearing on July 21. Mayor Walsh and Councilman Vetsch will meet with Linda and Couri on Thursday, July 9th to look at the TIF districts. The meeting will also address the counterproposal on the Westwind Commercial assessment issue. Couri explained that Thore has put together cost estimates of the improvements recommended in the Barthel Mini -Storage project. Linda was directed to provide Stan Barthel with those figures as soon as possible. Couri indicated that paperwork for bonding for the trunk sanitary sewer has been started. Based on Couri's recommendation, Potter made a motion to set a closed meeting to discuss financial matters allowed under the attorney/client privilege for 6:30 PM on Monday, July 20, 1992. Vetsch seconded the motion. All voted aye. The Council agreed to meet to discuss the 1993 preliminary budget immediately after the continuation of the public hearing on Wednesday, July 15th. The Council approved the recommendation of the Park Board to temporarily decrease the park rental fee from $25 per day to $10 per day until the park shelter is restored. Park Board Chairman Barb Creighton will provide the clerk with information on the certification classes the Park Board recommends for the maintenance personnel. The Financial Statement for the period June 11-July 12 was ALBERTVILLE CITY COUNCIL July 6, 1992 Page 4 of 4 approved on a motion by Barthel , seconded by Vetsch. All voted aye. Barthel made a motion to approve payment of the bills (Check Vs 6541-6582). Vetsch seconded the motion. All voted aye. Potter made a motion to allow the St. Albert's Parish Center to block off 57th Street between Main Avenue and Lander Avenue for the Parish Festival on July 19. Barthel seconded the motion. All voted aye. Linda was directed to meet with Fire Chief Rick Wacker and try to set up a meeting with the St. Michael Fire Department to discuss a possible joint department. Councilmen Walsh and Potter will represent the Albertville Council when a meeting date is established. Linda was directed to send a certified letter to the City of Otsego advising that effective upon proof of receipt of the letter, the Albertville Fire Department will be directed not to respond to emergencies, other than mutual aid situations, in the City of Otsego. The Wright County Emergency Dispatcher will also be notified that the Albertville Fire Department is not the first responder to emergencies in Otsego. Barthel made a motion to adjourn at 10:05 Pm. Potter seconded the motion. All voted aye. James A. Walsh, Mayor Linda Houghton, Clerk ALBERTVILLE CITY COUNCIL SPECIAL MEETING July 13, 1992 Albertville City Hall 6:00 PM PRESENT: Mayor Jim Walsh, Councilmen Duane Berning, Mike Potter, Donatus Vetsch, City Clerk Linda Houghton, City Engineers Thore Meyer and Norm Gartner, City Attorney Mike Couri, Maintenance Foreman Ken Lindsay, and Secretary Ann Culley ABSENT: Councilman Mark Barthel Mayor Walsh called the special meeting to order. The purpose of the meeting was to discuss the expansion and financing of the proposed wastewater treatment facility and possible alternatives to the proposed improvement, to 50th Street. Also present were Steve Mattson and Tom Truzinski of Juran & Moody, Scott Murphy of James M. Montgomery, Tom Holstrom of MPC,A, George Yankoupe, Doug Psyk, Clem Marx, and Kevin Mealhouse. Norm Gartner stated that the Council had selected option #4 at the last meeting and that the matters to be discussed at the present time were: 1. What capacity would be needed for the new facility 2. Financing of the facility 3. A final decision would need to be made to proceed with the project The two proposals before the Council with regard to capacity are a 315,000 gallon per day versus a 515,000 gallon per day system. The cost for these proposals is estimated to be $795,000 and $1,180,000 respectively. Mattson presented Juran & Moody"s financing proposals. Mike Couri presented his alternate financing proposals. The basic differences between the two is that: 1. Juran and Moody's proposals: a. include more options at the present time b. assume no tax levies C. assume that the system will be self-supporting through user fees, higher rates, and SAC fees d. addresses debt, service of the 1988 bond issues e. assumes single family annual connections of 40-15 and multi -family connections of 75-8, these numbers starting out optimistically and decreasing in the more distant future f. leaves surplus after 20 years of from $741 to $21,654, depending on the proposal CITY COUNCIL SPECIAL MEETING - 7/13/92 Page 2 2. Couri"s proposals: a. include more options for the future, i.e, expansion and/or replacement funds will be needed after 20 b. assume tax levies will take place c. assumes revenue from user fees, higher rates, and SAC fees d. assumes the City will continue to levy, as it has in past years to cover debt service of the 1988 bond issues e. assumes 30 single family connections per year and no multi -family connections f. leaves surplus after 20 year of from $522,099 to $735,576, depending on the proposal g. does not include bond discount (could be as much as 2%) h. does not include additional 5% funds needed in debt service fund as required by statute. Details of all submitted proposals are hereby attached as an official part of the minutes. Berning questioned if, at the growth rate assumed by Juran & Moody, the City would be at capacity prior to the bond issue being paid. Meyer stated that should not happen, there will be a lot of capacity left. Berning stated that he still feels it important that the City obtain a second opinion on this expansion project and that he also wants three bids on all plans and specifications. Walsh stated that he had no problem with these requests. Mattson stated that the City could finance under one of two different statutes. Statute #444 which provides for payment by rates and charges only, or Statute #115 which also allows for tax levies. Mattson stated that Statute #115 is the more flexible of the two and that no public hearings would need to be held. Mattson also stated that in two or three months the City could refinance its current bonds and realize an estimated savings of $30,000 per year due to the currently lower interest rates. Walsh stated that the engineers would have to figure charges and/or fees for replacement and maintenance due to deterioration. He feels strongly that this must be addressed now and not in ten or twenty years. Gartner suggested that the City could raise its SAC fees in order to pick up some of the slack and to help keep possible tax levies down. Walsh stated that he has heard that Albertville is CITY COUNCIL SPECIAL MEETING - 7/13/92 Page 3 already very expensive to develop in and he doesn't want the City to discourage or prohibit developers from working in this area due to high fees. Walsh asked George Yankoupe for his input with regard to the fees currently charged by the City. Yankoupe stated that Albertville's charges are in line with other communities in the area with the exception of the fees charged by the Joint Power Board. Doug Psyk stated that he felt the users should be charged a higher user rate and that he is against the SAC fees. Potter questioned why the force main on 60th Street was not included in and of the financial proposals. The cost for the force main is estimated to be $109,000. Gartner stated that this wasn't included due to the fact that he didn't, feel it would be needed for a long time. Gartner recommended that the City finance the expansion project privately and that they finance replacement of 10 blocks of sewer lines through PFA due to time constraints. Gartner stated that, based on the 1991 figures, the cost is $2.11 per 1,000 gallons. The City currently charges the user $2.10 per 1,000 gallons. Walsh asked Gartner what he recommended the City charge as a user fee in order to cover costs. Gartner stated that the user fee should be $2.23 per 1,000 gallons. Gartner next reviewed his estimated time frame for project completion. The project schedule was based on receiving authorization to prepare plans and specification at tonight's meeting. Gartner recommends that the City design the treatment plant around 515,000 gallons per day, but, build the 315,000 gallon per day thus leaving room for future growth potential with an eye to completing the project in 5 to 6 years. Mattson stated that by doing this the City could possibly save interest in the meantime, depending on what happened to interest rates and building costs in the next 5 to 6 years. Tom Holstrom of the MPCA stated that they had evaluated the plan and that even if the City built, the 515,000 gallon per day plant, no more than 315,000 gallons per day could be discharged based on current BOD, Suspended Solids, PH, etc. Holstrom also reminded the Council that their permit is only effective for 5 years and then would have to be renewed. All standards could change in that time and the City would have to conform to whatever standards are in effect, at the time of proposed expansion. Gartner stated that he was unaware of this and would do some research and report to the Council at the July 20th meeting. Walsh stated that he feels the Council needs to have another meeting in order to look at possible rate increases and also to find out a more precise actual cost of operating figure. CITY COUNCIL SPECIAL MEETING - 7/13/92 Page 4 Potter made a motion to schedule another special meeting to discuss expansion of the sewer treatment plant on Tuesday, July 21, 1992, at 7:00 PM. Vetsch seconded the motion. All voted aye. Page 4 Meyer presented his alternate cost figures for the 50th Street Improvement project. The first proposal includes at 32' street, a 6' bike lane, a 12' westbound traffic lane, and a 14' eastbound traffic lane. The cost for this project, including storm sewer is $237,850, deduct $17,218 if the street is to be a 7 ton as opposed to a 9 ton road, and add $23,600 for a 4' concrete sidewalk or $13,100 for a 4' bituminous sidewalk. The second proposal includes a 24' bituminous street, with 6' class 5 shoulders. The cost for this project, including culverts and culvert aprons is $191,791, add $8,700 for bituminous shoulders, deduct $16,921 if street is to be a 7 ton as opposed to a 9 ton road. This does not include sewer, storm water, bike path, or sidewalk. Potter stated that he would feel comfortable deducting the $3,000 that the City currently pays annually for maintenance of the existing dirt road for a period of 5 years, for a project cost reduction to the homeowners of $15,000. Walsh stated that there would still be maintenance, such as seal coating, for the bituminous road and that, he didn't feel this would be fair to the other City residents. The City is only allowed to assess the amount of benefit to the property, therefore, the Council feels it is necessary to obtain an appraisal in order to determine benefit. The estimated cost for an appraisal of this nature is $400 per lot. The Council feels strongly that an appraisal is necessary prior to reaching a final decision. Potter made a motion to adjourn the meeting at 9:45 PM. The motion was seconded by Berning. All voted aye. James A. Walsh, Mayor Ann Culley, Secretary ALBERTVILLE CITY COUNCIL CONTINUATION OF PUBLIC HEARING PROPOSED STREET IMPROVEMENT TO 50TH STREET July 15, 1992 Albertville City Hall 7:00 PM PRESENT: Mayor Jim Walsh, Councilmen Duane Berning, Mike Potter, Donatus Vetsch, City Engineer Thore Meyer, City Attorney Mike Couri, and Secretary Ann Culley ABSENT: Councilman Mark Barthel Mayor Walsh called the continuation of the public hearing to order. The purpose of the meeting was to discuss alternatives to the proposed improvement to 50th Street. Meyer presented and explained the new layout and costs associated with this layout. The new proposal includes a 32' street, a 6' bike lane, a 12' westbound traffic lane, and a 14' eastbound traffic lane. The cost for this project, including storm sewer is $237,850, deduct $17,218 if the street is to be a 7 ton as opposed to a 9 ton road, and add $23,600 for a 4' concrete sidewalk or $�3,100 for a 4' bituminous sidewalk. Tom Haller questioned the safety of a 32' wide collector street as opposed to a 36' street. Haller further stated that, the last traffic count was 460 cars per day and there would be many more cars per day after the new high school opened. Meyer stated that the 32' street makes no provisions for parking, whereas a 36' street carries two parking lanes. Haller asked each Councilman to state their views on this issue: Potter stated that he was comfortable with the City paying the entire cost of the sidewalk and the cost difference between a 7 ton and a 9 ton street. He stated that he would be in favor of revamping the Comprehensive Plan to change 50th Street from a collector street to a residential street. He would further favor the City deducting, using an as yet undetermined formula, the cost the City currently pays for maintenance of the unpaved street and extending that cost over a 5 year period of time. Berning stated that he agrees the City could pay the cost difference between a 7 ton and a 9 ton street. He is, however, concerned with the City paying the entire cost for the sidewalk since the residents on Main Street were assessed the entire amount of the sidewalk in front, of their homes when that was put in. CITY COUNCIL - 7/15/92 CONTINUATION OF PUBLIC HEARING Page 2 Haller stated that 50th Street will be the smallest street in Albertville and that it is also about the busiest. Berning stated that 57th Street is pretty busy too and that it is also a 32' street. Vetsch stated that, he would prefer to see a bituminous sidewalk as opposed to concrete, otherwise he felt the same about the other issues as the other Councilmen. Walsh questioned how those present, would feel when 57th Street goes through. Would the residents be willing to pay the costs of that street instead of assessing the residents who live on 57th Street. Both Haller and Patty Moses stated that they would help pay for 57th Street if it benefits the entire City. Walsh stated that this is a difficult situation to deal with. He also stated that he feels the same as the other Councilmen do on this issue. Moses said that she wants the City to recognize that 50th Street is different from the other streets in Albertville and that the residents are willing to pay their fair share of the improvement to 50th Street, but that the Council must recognize the fact that, 50th Street is different from the other residential streets and that the residents of 50th want to pay the same as the other City residents pay for their streets. Moses doesn't feel the comparisons are valid. Berning pointed out that most of the lots on 50th Street are much larger than the average City lot, therefore, there are more residents to help pay the assessment costs on an average lot. Meyer stated that the normal Sewer/Water/Storm Water/Street assessment runs about $6,000 per lot. Meyer also pointed out that the $6,000 assessment figure is for a lot which is only 90' wide, much smaller than the 50th Street lots. Haller stated that he felt that the City could hire an appraiser to come out and look at each of maybe 3 lots individually and give a good estimate as to what the benefit to the properties in question would be. Potter stated that he felt, that an appraisal of the entire area is needed, not just, a sampling of lots. Walsh stated that another issue to discuss tonight is that of having an appraisal done which would determine the amount of benefit to each property in question. He further stated that the cost of such an appraisal would be assessed to each property and that he also felt that each property should be appraised so that everyone involved knows exactly where they stand prior to making a final decision. CITY COUNCIL - 7/13//92 CONTINUATION OF PUBLIC HEARING Page 3 Haller submitted a petition which Culley read aloud. The petition is signed by 46 residents of 50th Street, MacIver Avenue, Lansing Avenue, and Main Street, and reads as follows: "Since the City of Albertville is unwilling to participate financially in the improvements to 50th Street to the proper standards of safety and engineering for a collector street, we the residents of 50th Street request that 50th Street be downgraded to a dead end residential street ending at a cul de sac at the Dennis Fehn property." Walsh stated that he had no problem with downgrading 50th Street to a residential street, but that he questions the C,ouncil's ability to dead end it as requested. Frankfort, would have to be consulted on this. He also doubted that MN DOT would allow it. He further stated that, as a residential street, the State regulates the speed limit at 30 MPH. The City would post "No Trucks Allowed" signs and would put "Stop" signs at, each end. Haller stated that since neither the High School nor the Berningwood residents are willing to participate in paying for the improvements that he feels the City should work with Frankfort, regarding the dead end. Walsh stated that he has received numerous calls from Albertville residents, who do not live on 50th Street, regarding this issue and they are telling him that they are not willing to have their tax dollars pay for this project. Reiser lives on the corner of 50th and Lansing and says he would like to see a 3 way stop sign because 3/4 of the cars don't, bother to stop. He said that he already paid $11,000 for assessments and will not, be willing to pay for the 50th Street improvement. Walsh stated that the appraisal would take the previous assessment into consideration. Reiser stated that, he doesn't want to spend $500 for an appraisal either. Bridget Falbo stated that she feels it is the City's responsibility to pay for the appraisal. Walsh explained that the appraisal will be added to the fees for the improvement project. He further stated that the sewer trunk line appraisal was paid by those benefiting from that project. Couri stated that MN case law allows appraisal fees to be assessed under the MN Assessment Statute #429 as part of the cost of constructing the improvement. CITY COUNCIL - 7/13/92 CONTINUATION OF PUBLIC HEARING Page 4 Randy Lebsock questioned what will happen if the appraisal comes up short? Walsh stated that everyone will have to live with the appraisal results. Potter asked the residents what will happen if the appraisal deems that the benefit exceeds the cost, of the project. No response was forthcoming from the residents. Meyer stated that he would not recommend the dead end proposal by the residents because it would ruin the current, traffic pattern. Haller stated that the residents are not happy with the traffic pattern now. Meyer also stated that there is approximately 3900' which is accessible on 50th Street and that the cost of this project is $64.00/accessible foot. He stated that cost on a normal lot is $66.00/accessible foot. He stated that the project cost is not the problem here - the problem is the size of the lots on 50th Street. Couri explained that this is the reason for the difficulty in assessing this matter. Moses submitted a copy of a Resolution she received from Savage. She summarized the Resolution by saying that Savage dealt, with a similar situation by charging a specific fee per developable acre of property at time of platting and by charging a specific fee on all building permits issued on residential lots at time of permit issuance. A copy of this Resolution will be given to each Councilman for review. Vetsch, Chairman of the Frankfort Town Board, was questioned as to how Frankfort intended to handle the assessment of this project. He stated that he was unsure, but felt that the property owners would be assessed. When questioned as to the amount of assessment the Frankfort residents would pay, Meyer stated that if Frankfort, assessed the full amount of the construction and the related fees attributable to Frankfort Township to each of Frankfort's five residents on 50th Street, the average assessment, would be approximately $15,800. Haller reiterated that he felt. 50th Street should be downgraded from a collector street, to a residential street and that the City was being unfair in assessing the entire project cost to the 50th Street residents. Walsh stated that he would consider downgrading all collector streets to residential streets via a Public Hearing. The streets included in this public hearing would be 50th, 53rd, and 57th. Lebsock stated that any street improvement will increase speeding regardless of the speed limit. He feels that for safety reasons 50th Street should be dead ended. The Council questions the legality of doing this. Chairman Vetsch, Frankfort, stated that he feels the road should be 36' wide. CITY COUNCIL - 7/13/92 CONTINUATION OF PUBLIC HEARING Page 5 Haller stated that the benefit to the homeowner would be the same regardless if the street is 24', 32', or 36' wide and the City cannot assess more than the benefit to the property. Walsh stated that the City may choose not to make the improvement due to the cost constrictions. But that this decision could not be made until after an appraisal has been made. Haller stated that he thinks the City is very wise to have an appraisal done before making a final decision. Walsh called for a motion to have an appraisal done, the cost to be included in the overall cost of this project and to continue the hearing to a date to be set, after the appraisal is complete. Moses questioned whether they would appraise each and every piece of property or if they would do a general sampling. Couri stated that he felt it important that each and every piece of property in question be included in this appraisal, and the size and subdivision possibilities of each property be taken into account. The appraisal will be done considering each parcels highest and best use. Walsh feels the appraiser should meet with the City Engineer in order to obtain all pertinent information available on all proposals. Chairman Vetsch asked if the City will decide not to develop 50th Street if the appraisal shows the City will have to "bite too big a bullet". Walsh stated that decision will have to be made after the appraisal is complete. Haller said he had checked with some appraisers and that, from his information, Radzwill's estimate of $16,000 to $20,000 is too high. An appraiser he talked with had done an appraisal in Orono using only 3 properties, high -medium -low, and also went through litigation concerning 45 properties and the cost was $16,000. Haller was asked to provide Culley with the name and address of the appraiser. Couri stated that Radzwill's Law Office estimated the appraisal cost to be $10,000 to $11,000. Walsh called for a motion to have the City Clerk send proposals for this project to three appraisers, requesting completion of the appraisal within 30 to 45 days. CITY COUNCIL - 7/13/92 CONTINUATION OF PUBLIC HEARING Page 6 Ron Becker stated that he will be hit the hardest because he has the largest piece of property and that he still has $16,500 left on the assessment roles on the street behind them. He asked if he would now have two additional assessments, one for the street and one for the cul-de-sac. Couri explained that the appraiser will base his appraisal on what exists and not what may be in the future. Moser once again asked the Council to seriously consider the Resolution from Savage. Mark Haller questioned if there will be a need for another appraisal after the project has been completed. The consensus of the Council was that this would not be necessary. Berning made a motion to direct the City Clerk to send specifications and proposals on this project to three appraisers requesting completion within 30 to 45 days. Vetsch seconded the motion. All voted aye. Potter made a motion to continue the public hearing to a date to be set by the Council at a future City Council meeting and with proper notice for a date after completion and receipt of the appraisal. The motion was seconded by Berning. All voted aye. James A. Walsh, Mayor Ann Culley, Secretary ALBERTVILLE CITY COUNCIL WORK MEETING JULY 15, 1992 Albertville City Hall 9:00 PM Present: Mayor James Walsh, Councilmen Donatus Vetsch, Duane Berning, Mike Potter, Park Board Rep Sharon Anderson, and Secretary Ann Culley. Absent: Councilman Mark Barthel Mayor Walsh called the work meeting to order. The purpose of the meeting is to assign departments to each Councilmember and department head in order to begin the budget process for the 1993 City budget. The following people were assigned the departments as shown for budgeting purposes: RESPONSIBLE BUDGET AREA COUNCIL: Wastewater Treatment Assessor City Attorney City Engineer Public Safety Building Inspector Walsh Council Houghton Culture and Recreation - to include LeRoy Berning Friendly City Days Walsh Clerk/Treasurer Houghton Potter Barthel Recycling Barthel Storm Sewer Walsh Fire Department Potter Wacker CITY COUNCIL - 7/15/92 WORK MEETING Page 2 C,ulley Barthel Creighton Berning Vetsch Lindsay Vetsch Animal Control Parks Streets Building & Plant Street Lighting Planning & Zoning Ann Culley, Secretary M E M a TO: CITY COUNCIL FROM: KEN LINDSAY DATE: JULY 15, 1992 The Maintenance Department requests approval to purchase a used, 2 wheel trailer to be used in the parks, for painting curbs and fire hydrants, etc. The cost of the trailer is $50.00. Does the City have any plans to repair the Westwind streets that have dips in them? The manhole for the flow meter still leaks. Thore Meyer has necessary information. 4 �� <i �n ►� i� U -� ' - WASTEWATER TREATMENT FACILITY JUNE 1990 1990 1991 1991 1992 1992 DATE PRECIP FLOW PRECIP FLOW PRECIP FLOW 1 0.08 T 0.105 0.099 2 .2 0.097 0.104 0.119 3 1 0.13 0.107 0.085 4 0.126 0.104 0.111 5 .3 0.122 0.122 0.097 6 0.12 0.095 .2 0.087 7 0.113 0.111 0.092 8 0.086 0.12 1 0.098 9 T 0.113 0.097 0.115 10 0.076 0.102 0.121 11 .4 0.086 .8 0.105 0.096 12 .8 0.107 0.103 0.118 13 .2 0.155 T 0.105 0.082 14 0.132 .3 0.109 .3 0.114 15 0.097 .5 0.117 1 0.108 16 .05 0.204 0.086 .6 0.126 17 2 0.3 0.088 .9 0.193 18 1.8 0.25 0.094 .1 0.183 19 T 0.208 .1 0.107 T 0.144 20 .4 0.2 1.2 0.125 0.106 21 0.145 .7 0.124 0.081 22 T 0.153 0.12 .1 0.097 23 0.118 0.094 T 0.112 24 0.105 0.149 T 0.109 25 0.101 0.104 0.106 26 0.135 0.118 0.123 27 .2 0.088 T 0.1 0.094 28 .15 0.076 T 0.098 0.089 29 .5 0.122 T 0.095 T 0.104 30 0.111 .1 0.104 31 TOTAL 8 3.956 3.8 3.11 3.323 ================================================================== 107193.54 PLANNING & ZONING COMMISSION JULY 14, 1992 ALBERTVILLE CITY HALL 7:00 PM COMMISSION MEMBERS PRESENT_ Tom Haller, LeRoy Berning, Donatus Vetsch, and Secretary Ann Culley. ABSENT: Rick Bishop Chairman Haller called the meeting to order at 7:10 PM. Berning made a motion to amend the agenda to include the request for subdivision by Doug Psyk. The motion was seconded by Vetsch. All voted aye. Berning made a motion to approve the amended agenda. Vetsch seconded the motion. All voted aye. A motion was made by Berning to approve the minutes of the .Tune 23, 1992, meeting as submitted. Berning seconded the motion. All voted aye. Paul Ederer of Security State Bank NW presented their proposed site plan for a new bank building to be located next to the car wash. The Commission was concerned with the left hand turn onto Large Avenue off of County Road 37 and the possibility that it could present a traffic hazard. Ederer stated that he would have a revised site plan drawn up and submit it to City Hall to be submitted to the City Planner for his review. Ederer also stated that, they are looking at a possible alternate site plan and will have that drawn up for submission to the City Planner also. The Minor Subdivision request was addressed. The purpose of this request is to combine lots 7, 8, and 9 into one lot. The Commission saw no problems with this, however, a public hearing must be scheduled. The Variance Request and the Request for vacation of a piece of property as indicated on the proposed site plan were addressed next. The Commission feels this should be no problem, but wants both site plans submitted as quickly as possible to the City Planner for his input. Ederer stated he would have the new site plans drawn up and get them to City Hall as quickly as he can. Ederer stated that the bank would like to close off the alley, if possible. Berning stated that he feels the Lamp Post and the Car Wash have the right to use that alley and doesn't feel the City should close it off. Ederer inquired if the Barthel Industrial Park sign could be moved. Berning stated that he thought the original intent of the sign was to aid in the sale of properties in the Industrial Park and that Ederer should contact Mr. Scherer regarding the PLANNING COMMISSION - 7/14/92 Page 2 possibility of its removal. Berning made a motion to hold a public hearing on August 11, 1992, at 7:00 PM to consider the following: 1. Minor Subdivision Request 2. Public Right -of -Way vacation 3. Year Yard Setback Variance 4. Parking/Driveway Setback Variance 5. Loading Berth Location Variance Vetsch seconded the motion. All voted aye. Vetsch made a motion to open the public hearing for consideration of Kevin Korpi's request for a Conditional Use permit for an auto repair business to be allowed in Andy Savitski's new building on 61st Street. There was no discussion from those present. The Commission felt this was not a problem since it is a permitted conditional use in a B-3 district. Vetsch made a motion to recommend that the City Council approve Korpi's request for a Conditional Use Permit to allow him to run an auto repair business in Andy Savitski's new building on 61st Street. The motion was seconded by Haller. All voted aye. Vetsch made a motion to close the public hearing. Haller seconded the motion. All voted aye. Berning made a motion to open the public hearing to consider Stan Barthel's variance requests for his proposed mini -storage facility. Since the site and building plans had already received final approval from the Planning Commission, Haller made a motion to recommend that the City Council approve the following variances for the Barthel Mini -Storage Facility: 1. Variance to be allow crushed rock instead of blacktop in the driveway areas 2. Variance to waive the requirement to bring water service to the building. 3. Variance to waive the required landscaping around the building. 4. Variance to allow Barthel's to build a 44' street with a 60' right-of-way, instead of an 80' right-of-way. Berning made a motion to close the public hearing. Vetsch seconded the motion. All voted aye. Doug Psyk addressed the Commission with his request for a subdivision in order to add 45.5 feet to the westerly lot line of Lots 1 and 2, Block 2, Psyk's 3rd Addition. The purpose behind this is to allow larger back yards once homes are built upon these lots. PLANNING COMMISSION - 7/14/92 Page 3 Berning made a motion to schedule a public hearing to consider Psyk's subdivision request for August 11, 1992, at 7:00 PM. The motion was seconded by Haller. All voted aye. Berning presented the building plans for rebuilding and adding on to the shelter in City Park. The shelter will have concrete exterior walls, all doors will be steel, and all windows will be of tempered glass. The Commission directed Culley to contact Licht to see if a site plan needed to be submitted and what, if anything further needed to be addressed. The Commission is concerned that the Ordinance will require that the City blacktop the parking lot. Their concern lies in the fact that the soils in the parking lot are very unstable. Haller made a motion to recommend that the City Council grant approval of the City Park Shelter building plans as submitted by Berning. Vetsch seconded the motion. All voted aye. Vetsch made a motion to schedule a public hearing for August 11, 1992, at 7:00 PM to discuss adoption of an adult use ordinance and to discuss other ordinance changes. Berning seconded the motion. All voted aye. Berning made a motion to adjourn the meeting at 9:05 PM. Vetsch seconded the motion. All voted aye. Ann Culley, Secretary MEYER-ROHLIN, INC. ENGINEERS -LAND SURVEYORS 1111 Hwy. 25 N., Buffalo, Minn.55313 Phone 612- 682-1781 July 13, 1992 City of Albertville c/o Linda Houghton, Clerk Box 131 Albertville, MN 55301 Re: 1991-2 Improvement Project Honorable Mayor and Council Members: The construction of the sanitary sewer trunk serving the St. Michael/Albertville High School area has been substantially completed and all required tests on the pipe line have passed satisfactorily. Final restoration has not been fully completed to date; however, restoration is continuing and we are meeting with the property owner to assure a satisfactory cleanup. The St. Michael/Albertville School has requested to connect to the sewer system to allow final tests, etc. of the school's plumbing system to be made. We would recommend this connection be allowed, although the City has not formally accepted the completion of the project from the contractor, Kadlec Excavating of Mora, Inc. Written notification should be sent to the high school allowing this hook-up to be made. If you have any questions, please feel free to contact me. Sincerely, ROHLIN, INC. Thore Meyer Professiona cc: E-9101-C in e er Thore P. Meyer, Professional Engineer Robert Rohlin, Licensed Land Surveyor CITY OF BUILDING PERMIT 2. SITE ADDRESS 60a0--/.- 3. LEGAL OESCRIPTION PROPERTY I.D. NO. SECTION LOT BLOCK ADDITION PLAT NUM8ER PARCEL NUMBER_. 4. OWNER (Name) (Address) S. ARCHITECT (Name) (Address) S. BUILDER Address) Permit No. Date FEES PERMIT FEE 1. DATE J 7G��/' nL, -- / PLAN CHECK FEE / PENALTY FEE - DRIVEWAY PERMIT FEE. - �'- �/` ENGINEERING FEES SITE FEE ._. CUI.VERT S PLUMBINQ FEE SEPTIC FEE WATER FEE WATER METER FEE SEWER FEE MECHANICAL FEE 1 N ) "�• �• _, SURCHARGE FEE OTHERS (Tel. No.) TOTAL FEE No. 7. TYPE OF WORK Fireplace ❑ Septic ❑ Heating ❑ Plumbing ❑ Reroofing ❑ Now Construction ❑ Alterations ❑ Addition ❑ ' - Finish Artie ❑ Residing ❑ Finish Basomant ❑ Porch ❑ Garage ❑ Chimney ❑ Misc S. SIZE OF STRUCTURE 9. NO. OF STORIES 10. ESTIMATED VALUE (Height) (Width) (Deoth) 11. COMPLETION DATE 12. PROPERTY DIMENSION 13. NO. OF FAMILIES (if applicable CODE ANALYSIS TYPE OF CONST. USE OF BLDG. OCCUPANCY GROUP OCCUPANCY LOAD ( ZONING DISTRICT VARIANCE GRANTED_ DATE OFF STREET PARKING SPACES REG. SPACES ON PLAN Width Depth MATERIAL FILED W/APPLICATION 14. PROPOSED ELEVATION IN 16. PROPERTY AREA OR ACRES 16. CULVERT SIZE RELATION TO CL)R8 OR SOILS REPORT Cl Borings WATERWAY. ELEV. Sq. Ft. Yes No ❑ Percolation 17. FRONT YARD set back 18. REAR YARD set back 19. SIOE YARDS set back ❑ Compaction tests from road property - - PLANS ANO SPECS. ❑ Sets FL FL Right Sd. Left Sd. 20. FLOOR AREA APPORTIONMENT USE AREA SURVEY ❑ Copier ENERGY CALCULATIONS ❑ Sq. FL PILING LOGS ❑ Sq. FL FIRE SPRINKLERS REQUIRED Sq. Ft. ❑ YES ❑ NO AGGREGATE FLOOR AREA Sq. Ft SPECIAL APPROVALS SPECIAL CONDITIONS ZONING FIRE DEPT. HEALTH DEPT. ACKNOWLEDGMENT AND SIGNATURE: PUBLIC WORKS The undersigned hereby agrees that, in case such permit is granted, that all work COUNTY which shall be done and all materials which shall be used shall comply with the OTHER plans and specifications therefor herewith submitted and with all the ordinances CERTIFICATE OF OCCUPANCY ISSUED of.sbid City applicable thereto. DATE BY I 1 N ._TR OF A L I A\ APP 4OVED BY BUILDING RESOLUTION # A RESOLUTION ADOPTING THE INTERIM PROGRAM OF THE WETLAND CONSERVATION ACT OF 1991, TO BE ADMINISTERED BY THE CITY OF ALBERTVILLE AS THE LOCAL GOVERNMENT UNIT. BE IT RESOLVED, that the City of Albertville shall serve as the Local Governmental Unit (LGU) for administering the Minnesota Wetland Conservation Act of 1991. The appointed engineering services for the City of Albertville shall be responsible for its implementation. If additional consulting services are required or requested by the engineering service appointed by the City those additional services shall be under the direction of the City Council. WHEREAS, the following management strategies are adopted with respect to wetland management: 1. Wetlands within the City of Albertville shall be managed using the Wetland Conservation Act of 1991, and the policy outlined within this Resolution. 2. The City shall require that when there are no feasible or Practical alternatives to avoid wetland impacts, wetlands must be replaced by restoring or creating wetland areas if at least equivalent size, quantity, character, and diversity within (or as close to) the same subwatershed as the impacted wetland. Replacement will not be allowed in another city or township unless a defined hardship exists and the area for replacement will be beneficial and mutually agreed upon by both affected units of government. 3. Protected waters and wetlands as defined by the Public Waters and Wetland Inventory of Hennepin County, Wright County, and the U.S. Fish and Wildlife Service National Wetlands Inventory will be managed through continued coordination with the DNR and the U.S. Army Corps of Engineer's programs. The City shall notify all persons proposing land disturbing activities affecting these wetlands (i.e., alterations, dredging, filling, burning, etc.) that they may be subject to the DNR and U.S. Army Corps of Engineer's jurisdiction and may require a permit for such activities. WHEREAS, the "Federal Manual for Identifying and Delineating Jurisdictional Wetlands" (January, 1989), shall be used as the primary technical guide for identifying if there are wetlands governed by the Wetland Conservation Act of 1991. The applicant shall have the burden of establishing that no wetlands exist or the exact locations of the boundaries and type of wetlands that do exist. This shall be determined by a qualified consultant after an on -site inspection and the applicant shall be responsible for all associated costs. The qualified consultant employed by the applicant shall also determine if there is any proposed exemption, in accordance with the Act, for any wetlands identified within the site. AND WHEREAS, in keeping with the intent of the Wetland Act of 1991, the City will be guided by the avoid -minimize -mitigate principles as outlined in the Wetland Conservation Act. An alternate site for the proposed activity shall be considered if it is available, and the proposed activity can be carried out on that site after taking into account costs, existing technology, and infrastructure in light of overall project purposes. Wetland Alteration will be considered if the applicant demonstrates the following to the satisfaction of the City: 1. The basic purpose of the project cannot be reasonably accomplished using one or more other sites in the general region that would avoid or result in less adverse impact on a wetland, 2. The basic purpose of the project cannot be accomplished by a reduction in the size, scope, configuration, or density of the project as proposed, or by changing the design of the project in a way that would avoid or result in fewer adverse effects on the wetland. 3. In cases where the applicant has rejected alternatives to the project as proposed due to constraints such as inadequate zoning, infrastructure, or parcel size, and the applicant has made reasonable attempts to remove or accommodate such constraints. AND WHEREAS, replacement of wetland areas shall be of similar functional value and shall be completed prior to or concurrent with the actual draining or filling of a wetland. Wetlands shall be replaced on a minimum of a 1 to 1 ratio. AND WHEREAS, the City shall charge a $75.00 fee for reviewing and issuing wetland alteration approval. Additionally, if substantial costs are incurred by the City for wetland delineation, these charges shall be passed on to the applicant. Adopted this 20th day of July, 1992. James A. Walsh, Mayor Linda Houghton, City Clerk MEYER-ROHLIN, INC. ENGINEERS -LAND SURVEYORS 1111 Hwy. 25 N., Buffalo, Minn.55313 Phone 612- 682-1781 June 29, 1992 City of Albertville c/o Linda Houghton, Clerk Box 131 Albertville, MN 55301 Re: Interim Program of the Minnesota Wetland Conservation Act of 1991 Local Government Unit Requirements Dear Honorable Mayor and City Council: We've been working with the Department of Natural Resources, U.S. Army Corps of Engineers, and Minnesota Pollution Control Agency to obtain approval for the filling of the wetland (0.33 acres) within Pysk's Fifth Addition. We have received positive approvals from all three of these agencies concerning this project; however, the stumbling block that currently is before the developer in proceeding with this project is the Minnesota Wetland Conservation Act of 1991 which requires that a Local Governmental Unit (LGU) assume responsibility for administering the interim regulations until final rules are propagated in July of 1993. Wright County has assumed the responsibility as the Local Governmental Unit for all unincorporated areas within the county. As such, the city of Albertville would not be covered by Wright County. Most of the other municipalities within Wright County have elected to serve as the Local Governmental Unit for administering the Minnesota Wetland Conservation Act of 1991. Until the city of Albertville takes similar action, developments such as Pysk's Fifth Addition, which require filling of wetlands, will be put on hold until such time as a Local Governmental Unit is established to assume the administration role. We therefore recommend that the City of Albertville assume the Local Govern- mental Unit responsibility to fill the void until such time that final rules concerning the implementation of the Minnesota Wetland Conservation Act are proposed in July of 1993. We envision the role of the Local Governmental Unit as being a clearing house for keeping within the intent of the Wetland Act, which basically guides development to avoid, minimize, or mitigate development impacts to the wetlands. In addition, the Local Governmental Unit would be responsible for taking applications and certifying Thore P. Meyer, Professional Engineer Robert Rohlin, Licensed Land Surveyor .f r City of Albertville page 2 replacement plans of wetlands under the Act as part of the mitigation process. Attached you shall find a copy of the Resolution which was recently adopted by the city of Hanover for the implementation of the regulations. Also attached you shall find a copy of some information concerning the Local Governmental Unit and the administrative guidelines for the interim program of wetland regulation. We would like the Council to consider placing this on their agenda for the July 21st Council meeting for discussion after appropriate review of the documentation we are forwarding to you. If you should have any questions, please feel free to contact me. Sincerely, MEYYEER-ROHLIN, INC. Norman Gartner Professional Engineer cc: E-9201-GEN CITY OF ALBERTVILLE FINANCIAL STATEMENT July 2 - July 17, 1992 Beginning Cash Balance July 1, 1992 INCOME (July 2 - July 17) 3.2 License 25.00 Building Permits 5,845.86 Dog Licences 20.00 Loan Payment - Fraser 585.27 Recylce Cans - Park 8.26 Reimburse - Flow Meter 87.40 Sewer Receipts 6,273.84 Special Assessments 4,795.46 Storm Water Receipts 1,182.53 Subdivision Fee 200.00 TIF #47 7,750.58 TIF #48 17,592.43 TIF #18 10,507.92 TIF #13 6,937.95 Title Search 30.00 Variance Fee 350.00 Wright County Tax 245,903.47 TOTAL INCOME EXPENSES (July 1 - July 17) Check Vs 6541 - 6582 24,613.35 (Approved 7/6/92) PAYROLL 7/1 - 7/14 Check # 6583 - Ann 492.17 Check # 6584 - Linda 824.59 Check # 6585 - Ken 747.70 Check # 6586 - PERA 329.93 Check # 6587 - Mike 578.59 Check # 6588 - Fed. 952.66 TOTAL EXPENSES Ending Cash Balance July 17, 1992 308,095.97 28,538.99 $ 43,514.21 $323,071.19 INVESTMENTS: CD #8288 Sewer - matures 10/9/92 @ 6.0% 309,872.88 CD #8684-Sewer - matures 10/9/92 @ 5.25% 267,500.00 CD #8685 (GF) - matures 10/9/92 @ 5.25% 267,500.00 CD #7640 (Lions) - matures 10/16/92 @ 5.25% 40,537.19 CD #8286-Sewer - matures 10/10/92 @ 7.25% 518,125.00 CD #8289 (GF) - matures 10/10/92 @ 7.25% 518,125.00 CD #8579 - matures 12/29/92 @ 4.5% 153,739.73 TOTAL INVESTMENTS $2,075,399.80 CITY OF ALBERTVILLE BILLS TO BE PAID JOLY 20, 1992 Check No. Vendor Reason Amount Albertville Auto Parts Equip. Maint. 118.23 Albertville Body & Fender Dump Truck Storage 184.00 American National Bank GO Imp Bonds 12,402.50 Boy Scouts of America Paint hydrants 250.00 BFI City Park 470.71 Crow River News P.H.-50th St. 46.87 Culley, Ann Conf-Mileage 19.50 DJ`s June Billing 213.12 Dons Auto June Billing 140.81 Evergreen Recycling June Recycling 467.50 Feed -Rite Testing/Supplies 427.55 First Trust GO Imp Bonds 38,088.48 Gopher State June Billing 15.00 Gruys, Borden, Carlson Accounting/Audit 15,325.00 IRS 2nd Quarter 941 112.37 Kilian Hardware Equip Maint 81.52 Meyer-Rohlin June Eng. Srvcs. 3,864.00 MN Dept. of Revenue MN Payroll-2nd Qtr. 538.77 MN State Treasurer Bldg Permit Surchg 521.52 Monticello Animal Cont. June Services 15.00 Monticello, City of June Animal Control 222.00 -- NW Associated Cnsltnts June Planning Srvcs 488.27 NW Bank MN GO Imp Bond 11,080.00 P.E.R.A. Ann Life Ins 12.00 Pat s 66 Petty Cash Scharber & Sons Sheraton Inn Midway Walsh, James Wright County Sheriff June gas 50.07 Reimbursement 47.07 Equip Repair 143.22 Linda-Conf. 182.25 June Council Mtgs 249.35 June Services 2,372.50 TOTAL 96,016.68 M E M 0 TO: CITY COUNCIL FROM: KEN LINDSAY DATE: JULY 15, 1992 The Maintenance Department requests approval to purchase a used, 2 wheel trailer to be used in the parks, for painting curbs and fire hydrants, etc. The cost of the trailer is $50.00. Does the City have any plans to repair the Westwind streets that have dips in them? The manhole for the flow meter still leaks. Thore Meyer has necessary information. WASTEWATER TREATMENT ~~ FACILITY JUNE 1990 1990 1991 1991 1992 1992 DATE PRECIP FLOW PRECIP FLOW PRECIP FLOW 1 0.08 T 0.105 0.099 2 .2 0.097 0.104 0.119 3 1 0.13 0.107 0.085 4 0.126 0.104 0.111 5 .3 0.122 0.122 0.097 6 0.12 0.095 .2 0.087 7 0.113 0.111 0.092 8 0.086 0.12 1 0.098 9 T 0.113 0.097 0.115 10 0.076 0.102 0.121 11 .4 0.086 .8 0.105 0.096 12 .8 0.107 0.103 0.118 13 .2 0.155 T 0.105 0.082 14 0.132 .3 0.109 .3 0.114 15 0.097 .5 0.117 1 0.108 16 .05 0.204 0.086 .6 0.126 17 2 0.3 0.088 .9 0.193 18 1.8 0.25 0.094 .1 0.183 19 T 0.208 .1 0.107 T 0.144 20 .4 0.2 1.2 0.125 0.106 21 0.145 .7 0.124 0.081 22 T 0.153 0.12 .1 0.097 0.118 0.094 T 0.112 24 0.105 0.149 T 0.109 25 0.101 0.104 0.106 26 0.135 0.118 0.123 27 .2 0.088 T 0.1 0.094 28 .15 0.076 T 0.098 0.089 29 .5 0.122 T 0.095 T 0.104 30 0.111 .1 0.104 31 TOTAL 8 3.956 3.8 3.11 3.323 ================================================================== 107193.54 CITY OF ALBERTVILLE P. O. BOX 131 ALBERTVILLE, MINNESOTA 55301 PHONE: (612) 497-3384 June 25, 1992 Maynard Strickler 2551 Grand Street NE Minneapolis, MN 55418 Dear Mr. Strickler: This letter is to advise you that the debris, including but not limited to sawdust, tires, scrap metal, and junk vehicles, currently being stored on your property violates the City's ordinances on outside storage. I am enclosing a copy of our ordinance pertaining to outside storage for your information. The City Council has directed me to advise you that the debris must be removed from the property immediately. In the event that you are not in compliance with our outside storage ordinance on July 13, 1992, the City will proceed to have the debris removed and will assess all costs involved in the debris removal_ against your property for collection on your real estate taxes. Please arrange to have the debris removed immediately. cc: William Radzwill City Attorney Sincerely, Linda Houghton Zoning Administrator/City Clerk .Nuke our Cirv........ Your Ciry We invite Home. 'nduvtrY. Business FOSTER, WALDECK, LIND & GRIES, LTD. THOMAS A. FOSTER TIMOTHY W. WALDECK PETER E. LIND JOHN R. GRIES ROLF E. SONNESYN BRUCE W. LARSON JEFFREY M. BAUER DAVID J. LENHARDT BYRON M.PETERSON STEVEN E. TOMSCHE City of Albertville P.O. Box 131 Albertville, MN 55301 ATTORNEYS AT LAW 2300 LINCOLN CENTRE 333 SOUTH SEVENTH STREET MINNEAPOLIS, MINNESOTA 55402 (612) 375-1550 FAX (612) 375.0647 July 13, 1992 Attn: Ms. Linda Houghton Zoning Administrator/City Clerk Dear Ms. Houghton: Please be advised this office represents Steve Birkeland of Custom Canopy. This firm is in receipt of your letter dated June 25, 1992 regarding the construction materials which are stored on his property near the Hack's grocery. Please be advised that it is the intent of Steve Birkeland to obtain a building permit and commence construction of a building on that site in 1992. Expected commencement of construction will be September of 1992. Some of the materials which you mention in your letter will be used in the construction and others will be removed from the site. The application for the building permit is expected to occur within the next two to three weeks. If this is not a satisfactory arrangement, please advise. Very truly yours, 9N�1110HI9, R. GRIES JRG C"_may cc: Mr. Steve Birkeland Mr. Bill Radzwill M E M O TO: LINDA HOUGHTON FROM: ANN CULLEY DATE: JULY 15, 1992 RE: CIVIL DEFENSE SIREN Per your request, I called Jim Holthaus, NSP, with regard to the cost involved in purchasing and installing a rotating civil defense siren in the Westwind Addition. Jim informs me that the cost of the siren would be approximately $15,000. This price includes installation. NSP would have to send someone out to verify that this location is, in fact, within 10 miles of the Monticello Nuclear Power Plant. If it meets the 10 mile requirement, NSP will do all monthly maintenance and testing. Jim questioned whether or not the City had a contour study done to see how far the sound from the existing siren reaches. I told him that I was unaware of any such study in the recent past. With regard to connecting the civil defense siren on the water tower to the Wright County System, Jim will contact Raleigh Helgeson of the Sheriff's Department, however, Jim feels that there will be little, if any, charge for this service. APPLICATION/QUARTERLY REPORT FORM Updated FOR WRIGHT COUNTY COMMUNITY RECYCLING 6-3-91 CITY/TOWNSHIP : Albertville CONTACT PERSON: Linda Houghton NUMBER OF HOUSEHOLDS: 425 TIME PERIOD: April -May -June 1992 COST PER HOUSEHOLD PER MONTH: $1.10 RECYCLING COLLECTION TOTALS: t # HH Part. cnllecter Material Tons UaL2 4/6 t� -- - 204 Evergreen 4.65 4/21 216 Evergreen 4.5 5/4 214 Evergreen 4.05 5/18 222 Evergreen 4.73 6/1 217 Evergreen 4.39 6/15 196 Evergreen 4.44 6/29 248 Evergreen o determine if the current recycling goal has been met, total pounds recycled per quarter divide by 3 (months) and then divide by total number of households in your city or township. Pounds recycled per household per month this quarter are 49.27 INCENTIVE: Effective 7-1-91, quarterly incentive is $250 dalper quarter plus $10 per ton. If you meet or exceed the goal set by the County, you may add an additional $10 per ton. Maximum pounds recycled should not exceed 60 pounds per household per month. County reimbursement not to exceed actual expense incurred by city or town. Total funding requested this time period $ A7R ?n SPECIAL WASTES COLLECTED: Report appliances, etc. for records only, not currently reimbursed by County. to Contractor DATE: July 20 1992 ATTEST: Administrator/Clerk MS r�.,e-i all Tons SIGNED: Mayor/Chairman Return form by Jan. 31, Apr. 30, July 31 & Oct. 30 for Icalendar quarters to: 10 NW 2NDRSTH,TBUFFALO,SMNIDWASTE, 55313 WRIGHTGHT WR Attar-hments: Support documentation,ie., participation count, weight receipts & place of materials disposition, vehicle and wages or contractor invoice. expenses, labor hours PROPOSED AMENDMENTS-WRIGHT COUNTY ZONING ORDINANCE I. Revised Policy on Non -conforming Mobile Homes The Wright County Board of Commissioners proposes to amend section 405.7 of the Wright County Zoning Ordinance to extend the amortization period for non -conforming mobile homes on lots smaller than 10 acres, which currently expires on January 1, 1993. The proposal will extend the period to August 1, 1998 to coincide with the period for mobile homes on lots 10 acres or larger. It will also provide for the mobile homes to remain beyond August 1, 1998, until the mobile home or real estate it is located upon is sold or transferred. Current law requires all non -conforming mobile homes on lots smaller than 10 acres to be removed by January 1, 1993. This amendment will postpone this requirement to August 1, 1998. This deadline does not apply to legal farm accessory mobile homes, nor to mobile homes in designated mobile home subdivisions or mobile home parks. PROPOSED AMENDMENT Replace Section 405.7(1) of the Wright County Zoning Ordinance with the following: (1) (a) Legally existing mobile homes made non -conforming by this or prior county ordinances may remain for an amortization period which will expire on August 1, 1998. (A twenty year amortization period for mobile homes on lots less than 10 acres in size was established on January 1, 1973. A similar period was established for parcels 10 or more acres in size on August 1, 1978.) (b) Non -conforming mobile homes which still exist on land subject to this ordinance on August 1, 1998 must be removed from the property upon the occurrence of the first sale, devise, gift, or other transfer of title to the mobile home or the real estate upon which the mobile home is located, when such transfer occurs after August 1, 1998. A surviving joint tenant or the surviving spouse of an owner of such a mobile home or real estate shall be exempt from this provision until subsequent transfer. page 1 of 2 NOTICE OF PUBLIC HEARING - WRIGHT COUNTY PLANNING COMMISSION CITY OR TOWNSHIP RESPONSE FORM The Wright County Planning Commission will conduct a public hearing at their regular meeting on July 30, 1992 at 8:00 P.M. in Meeting Room 120 of the Courthouse Annex in Buffalo to consider several amendments to the Wright County Zoning Ordinance. A copy of the proposed amendments is attached. E3 THE CITY COUNCIL/TOWN BOARD SHOULD COMPLETE THE FOLLOWING. IF NO WRITTEN RESPONSE IS RECEIVED BEFORE THE HEARING, THE PLANNING COMMISSION WILL ASSUME THAT THE CITY COUNCIL/TOWN BOARD HAS NO OBJECTION TO THE PROPOSED AMENDMENTS. CITY/TOWNSHIP APPROVES OF THE REQUEST BECAUSE: CITY/TOWNSHIP DISAPPROVES OF THE REQUEST BECAUSE: COMMENTS OR PROPOSED CONDITIONS: SIGNED: GAB Business Services Inc 9531 West 78th Street Suite 320 Eden Prairie Minnesota 55344 Telephone 612-942-9818 FAX 612-943-2383 Claims Control Branch July 10, 1992 Linda Houghton City Clerk City of Albertville Post Office Box 131 Albertville, Minnesota 55301 GAB FILE NO: 56509-04298 TRUST MEMBER: City of Albertville GABCLAIMANT/PLAINTIFF: Carl and Rita Swanson Dear Ms. Houghton: With reference to your letter of June 8, 1992, please refer to my letter of May 13, 1992. In that letter I advised that the City of Albertville had the benefit of interest on the amount in question in excess of the amount the Swansons were claiming. Therefore, the City does not have a loss. If you have any questions concerning this matter, please feel free to call me. Sincer ly, Del Holmes Adjuster DH/kgt cc: Arlan Middleton Middleton Insurance Agency P. O. Box 249 St. Michael, MN 55376-0249 cc: Bob Weisbrod Berkley Risk Services GAB ... "Where quality really matters." JOINT POWERS BOARD • Hanover, Frankfort, St. Mchael and Ali - f r- Post Office Box 10 . 11100 - 50th Street IN • Albertville, Minnes� 2 497 3611 1. PARTIES. This Purchase Agreement is made on . 1992, by and between Theodore VonBanks, of , Minnesota SELLER AND The Hanover. Frankfort, St. Michael and Albertville Joint Powers Water Board, of 11100 50th Street N. E. P.O. Box 10 Albertville Minnesota BUYER. 2. OFFER/ACCEPTANCE. Buyer offers to purchase and Seller agrees to sell real property legally described on Exhibit A attached hereto (hereinafter referred to as "Parcels 1, 2, & 3"), located at (Street Address) City of St. Michael, County of Wright, State of Minnesota. 3. PRICE AND TERMS. The price for the real and personal property included in this sale is One Dollar ($1. 001 for Parcel 2 which Buyer shall take possession of the DATE OF CLOSING, and installation of water hook-ups, at no cost to Seller, on Parcels 1 and 3. In the event Seller, upon a good faith best effort, as determined by the Buyer, is unable to sell Parcels 1 and/or 3 by September, 1994, Buyer agrees to purchase said Parcels 1 and/or 3 for Fifteen Thousand Dollars ($15,000.00), per parcel, which Buyer shall pay according to the terms as set forth on Exhibit B attached hereto. In the event Parcels 1 and 3 are sold by Seller prior to September 1, 1994, both parties agree that Buyer shall not be obligated to make any additional payments, of any kind, for Parcel 2. 16 4. DEED/MARKETABLE TITLE. Upon performance by Buyer, Seller shall execute and deliver a statutory Warranty is Deed, joined in by spouse, if any, conveying marketable title, subject to: 17 (A) Building and zoning laws, ordinances, state and federal regulations; is (B) Restrictions relating to use or improvement of the property without effective forfeiture provisions; ,o (C) Reservation of any mineral rights by the State of Minnesota; 20 (D) Utility and drainage easements which do not interfere with existing improvements; s, (E) Exceptions to title which constitute encumbrances, restrictions, or easements which have been disclosed to Buyer 22 and accepted by Buyer in this Purchase Agreement; (Must be specified in writing.) 23 5. REAL ESTATE TAXES AND SPECIAL ASSESSMENTS. Real estate taxes due and payable in and for the year of 24 closing shall be prorated between Seller and Buyer on a calendar year basis to the actual date of closing, unless otherwise 26 provided in this Agreement. 2e (Strike out one:)CLOSING/SELLER SHALL PAY on the Date 27 of Closing all installments of special assessments certified for payment with the real estate taxes due and payable in the ze year of closing. 29 6.(Strike out one:/ ELLER SHALL PAY ON THE DATE OF CLOSING all other special 3o assessments levied as of the date of this agreement. 3, 7.(Strike out one:) SELLER SHALL PROVIDE FOR PAYMENT OF special assessments pending 32 as of the date of this agreement for improvements that have been ordered by the City Council or other governmental 33 assessing authorities. (Seller's provision for payment shall be by payment into escrow of 1 % times the estimated amount 34 of the assessments.) As of the date of this Agreement. Seller represents that Seller has not received a Notice of Hearing 36 of a new public improvement project from any governmental assessing authority, the costs of which project may be 39 assessed against the property. If a special assessment becomes pending after the date of this Agreement and before the 37 date of closing, Buyer may, at Buyer's option: 3e A. Assume payment of the pending special assessment without adjustment to the purchase agreement price 36 of the property; or 40 B. Require Seller to pay the pending special assessment (or escrow for payment of same as provided above) 41 and Buyer shall pay a commensurate increase in the purchase price of the property, which increase shall 42 be the same as the estimated amount of the assessment; or, 43 C. Declare this Agreement null and void by notice to Seller. 41 8.(Strike out one:) BUYER SWALL ASSUMEISELLER SHALL PAY ON DATE OF CLOSING any deferred real estate taxes 46 or special assessments payment of which is required as a result of the closing of this sale. 46 Buyer shall pay real estate taxes due and payable in the year following closing and thereafter and any unpaid special 47 assessments payable therewith and thereafter, the payment of which is not otherwise provided herein. Seller warrants C) \WPDATANj-power\vwvcr.A02 49 that taxes duo and payable in the year(s) 1993 — For homestead status of taxes following 49 closi ,g will be NQ& homestead classification. Seller makes no representation concerning the amount of future real 6o estate taxes or of future special assessments. 61 9. SELLER'S BOUNDARY LINE, ACCESS. RESTRICTIONS AND LIEN WARRANTIES. Seller warrants that buildings, 64 if any, are entirely within the boundary lines of the property. Seller warrants that there is a right of access to the real 63 property form a public right of way. Seller warrants that there has been no labor or material furnished to the property 64 for which payment has not been made. Seller warrants that there are not present violations of any restrictions relating 66 to the use or improvement of the property. These warranties shall survive the delivery of the deed. Be 10. CONDITION OF PROPERTY. Seller warrants that Seller shall remove all debris and all personal property not 67 included in this sale from the property before possession date. Seller has not received any notice from any governmental 69 authority as to the existence of any dutch elm disease, oak wilt, or other disease of any trees on the property. 69 Seller's warranties and representations contained in this paragraph 10 shall survive the delivery of the Deed, so provided that any notice of a defect or claim of breach of warranty must be in writing and given by Buyer to Seller within e, one year of the date of closing or be deemed waived. es Buyer shall have the right to have inspections of the property conducted prior to closing. Unless required by local 63 ordinance or lending regulations, Seller does not plan to have the property inspected. Other than the representations e4 made in this paragraph, the property is being sold "AS IS" with no express or implied representations or warranties by 66 Seller as to physical conditions, or fitness for any particular purpose. Be 11. EASEMENTS. Seller hereby grants to Buyer a temporary construction easement on, over, and across Parcels 1 97 and 3 for the purpose of gaining access to Parcel 2 for the construction of a water tower on Parcel 2. In addition to as access, said easement shall permit Buyer to store equipment and materials, and undertake any other actions deemed 89 necessary or related to said construction by Buyer, on Parcels 1 and 3. The easements shall be in effect from the date 70 Buyer takes possession of Parcel 2, and shall continue until all construction of said water tower is completed. 71 12. WELLS. To the best of Sellers' knowledge there are no hazardous wastes, abandoned wells, or underground 72 storage tanks, except as herein noted. 73 74 76 13. DISCLOSURE OF NOTICES. Seller has not received any notice from any governmental authority as to violation 76 of any law, ordinance or regulation. If the property is subject to restrictive covenants, Seller has not received any notice 77 from any person as to a breach of the covenants. 7e 14. POSSESSION. Seller shall deliver possession of the property not later than 79 closing. 90 15. EXAMINATION OF TITLE. Within a reasonable time after acceptance of this Agreement Seller shall furnish Buyer 8, with an Abstract of Title or a Registered Property Abstract certified to date including proper searches covering 82 bankruptcies and State and Federal judgments, liens, and levied and pending special assessments. Buyer shall have ten 83 (10) business days after receipt of the Abstract of Title or Registered Property Abstract either to have Buyer's attorney 84 examine the title and provide Seller with written objections or, at Buyer's own expense, to make an application for a Title a6 Insurance Policy and notify Seller of the application. Buyer shall have ten (10) business days after receipt of the as Commitment for Title Insurance to provide Seller with a copy of the Commitment and written objections. Buyer shall be 87 deemed to have waived any title objections not made within the applicable ten (10) day period for above, except that as this shall not operate as a waiver of Seller's covenant to deliver a statutory Warranty Deed, unless a Warranty Deed is. s9 not specified above. 90 16. TITLE CORRECTIONS AND REMEDIES. Seller shall have 120 days from receipt of Buyer's written title objections 9, to make title marketable. Upon receipt of Buyer's title objections, Seller shall, within ten (10) business days, notify Buyer 92 of Seller's intention to make title marketable within the 120 day period. Liens or encumbrances for liquidated amounts 93 which can be released by payment or escrow from proceeds of closing shall not delay the closing. Cure of the defects G \WPS)ATA\*-powcewumer.AG2 2 103 104 106 106 107 toe 10e 110 111 112 113 114 116 lie 117 lie 11e 120 121 122 123 124 by Seller shall be reasonable, diligent, and prompt. Pending correction of title, all payments required herein and the ckisirV sCmW be postponed. A. If notice is given and Seller makes title marketable, then upon presentation Buyer and proposed lender of documentation establishing that title has been made marketable, and if not objected to in the same time and manner as the original title objections, the closing shall take place within ten 110) business days or on the scheduled closing date, whichever is later. B. If notice is given and Seller proceeds in good faith to make title marketable but the 120 day period expires without title being made marketable, Buyer may declare this Agreement null and void by notice to Seller, neither party shall be liable for damages hereunder to the other. C. If Seller does not give notice of intention to make title marketable, or if notice is given but the 120 day period expires without title being made marketable due to Seller's failure to proceed in good faith, Buyer may seek, as permitted by law, any one or more of the following: 1. Proceed to closing without waiver or merger in the deed of the objections to title and without waiver of any remedies, and may: (a) Seek damages, costs, and reasonable attorney's fees from Seller as permitted by law (damages under this subparagraph (a) shall be limited to the cost of curing objections to title, and consequential damages are excluded); or (b) Undertake proceeding to correct the objections to title; 2. Rescission of this Purchase Agreement by notice as provided herein, in which case the Purchase Agreement shall be null and void; 3. Damages from Seller including costs and reasonable attorney's fees, as permitted by law; 4. Specific performance within six months after such right of action arises. D. If title is marketable, or is made marketable as provided herein, and Buyer defaults in any of the agreements herein, Seller may elect either of the following options, as permitted by law: 1. Cancel this contract as provided by statute.; 2. Seek specific performance within six months after such right of actions arises, including costs and reasonable attorney's fees, as permitted by law. E. If title is marketable, or is made marketable as provided herein, and Seller defaults in any of the agreements herein, Buyer may, as permitted by law: 1 . Seek damages from Seller including costs and reasonable attorney's fees; 2. Seek specific performance within six months after such right of action arises. 126 17. NOTICES. All notices required herein shall be in writing and delivered personally or mailed to the address as 126 shown at Paragraph 1., above and if mailed, are effective as of the date of mailing. 127 18. SUBDIVISION OF LAND. If this sale constitutes or requires a subdivision of land owned by Seller, Seller warrants 12e that the legal description of the real property to be conveyed has been or will be approved for recording as of the date 12e of closing. 130 19. MINNESOTA LAW. This contract shall be governed by the laws of the State of Minnesota. 131 20. ADDITIONAL TERMS. This Agreement is subject to the terms and conditions set forth on Exhibit C, attached 132 hereto, regarding hazardous materials. In the event hazardous materials are found to be present on the Property, the 133 Buyer may, at its option, declare this Purchase Agreement null and void. 134 21. ADDENDA. Attached are 3 addenda which are listed as exhibits and are made a part of this Agreement. 13e They are as follows: 13e - Exhibit A = Legal Description of Property 137 - Exhibit B = Terms of Payment, if required, for Parcels 1 and/or 3 130 - Exhibit C = Hazardous Materials 13e Closing shall be at the office of: G: \ WPDATA\jt-powu\wbwu.A02 141 -I agree. to sell the property for the price, terms, 142 w td conditions set forth above. 143 SELLER 1" 146 Theodore Von Banks (Date) 146 147 14e 140 (Date) 160 161 162 163 154 1" 16e Dated: 1992 167 1" 161i 160 lei 162 Dated: 1992 163 I" 166 tee 167 1e, Dated: 1992 ,se 170 171 172 173 174 Dated: 1992 175 176 I agree to purchase the property for the price, terms, and conditions set forth above. BUYER HANOVER, FRANKFORT, ST. MICHAEL AND ALBERTVILLE JOINT POWERS WATER BOARD By: Chairman (Date) ATTEST: Secretary APPROVED BY: CITY OF HANOVER By: Mayor Clerk TOWNSHIP OF FRANKFORT By: Chairman MMI By: Mayor Clerk By: Mayor Clerk CITY OF ST. MICHAEL CITY OF ALBERTVILLE a:\WPDATA\*powe A--ww.AO2 4 MEYER-ROHLIN, INC. ENGINEERS -LAND SURVEYORS 1111 Hwy. 25 N., Buffalo. Minn.55313 Phone 612- 682-1781 July 13, 1992 City of Albertville c/o Linda Houghton, Clerk Box 131 Albertville, MN 55301 Re: 1991-2 Improvement Project Honorable Mayor and Council Members: The construction of the sanitary sewer trunk serving the St. Michael/Albertville High School area has been substantially completed and all required tests on the pipe line have passed satisfactorily. Final restoration has not been fully completed to date; however, restoration is continuing and we are meeting with the property owner to assure a satisfactory cleanup. The St. Michael/Albertville School has requested to connect to the sewer system to allow final tests, etc. of the school's plumbing system to be made. We would recommend this connection be allowed, although the City has not formally accepted the completion of the project from the contractor, Kadlec Excavating of Mora, Inc. Written notification should be sent to the high school allowing this hook-up to be made. If you have any questions, please feel free to contact me. Sincerely, ROHLIN, INC. Thore Meyer Profess ionaEn ineer cc: E-9101-C Thore P. Meyer, Professional Engineer Robert Rohlin, Licensed Land Surveyor 2. SITE ADDRESS 6cEC' f� _ 3. LEGAL DESCRIPTION PROPERTY I.D. NO. CITY OF BUILDING PERMIT Y`e— AIIE 1. DATE SECTION LOT BLOCK ADDITION PLAT NUMBER—._ PARCEL NUMBER 4. OWNER (Name) (Address) (Tat. No.) <<, 'E'1 7'b ") l Ae as ,� —� a'f'-� 5. ARCHITECT (Name) (Address) (Tel. No.) 6. BUILDER (Name) (Address) (Tel. No.) 7. TYPE OF WORK Fireplace ❑ Septic ❑ Heating ❑ Plumbing ❑ Reroofing ❑ Now Construction ❑ Alterations ❑ Addition ❑ Finish Attic ❑ Cl ['�R/e—sidinn'�g q'`�G'(T` Finish Basement ❑ Porch ❑ Garage ❑ Chimney ❑ Misc 8. SIZE OF STRUCTURE (Height) (Width) (Depth) 9. NO. OF STORIES 10. ESTIMATED VALUE 11. COMPLETION DATE 12. PROPERTY DIMENSION 13. NO. OF FAMILIES (if applicable) Width Depth 14. PROPOSED ELEVATION IN 15. PROPERTY AREA OR ACRES 16. CULVERTSIZE RELATION TO CURB OR WATERWAY. ELEV. Sq. Ft. Yes No 17. FRONT YARD set back 18. REAR YARD sot back 19. SIDE YARDS setback from road property Ft. Ft. Right Sd. Left Sd. 20. FLOOR AREA APPORTIONMENT USE AREA Sq. Ft Sq. Ft SQ. Ft AGGREGATE FLOOR AREA Sq. Ft SPECIAL CONDITIONS ACKNOWLEDGMENT AND SIGNATURE: The undersigned hereby agrees that, in case such permit is granted, that all work which shall be done and all materials which shall be used shall comply with the plans and specifications therefor herewith submitted and with all the ordinances of -said City applicable thereto. Permit No Date FEES PERMIT FEE __ PLAN CHECK FEE PENALTY FEE DRIVEWAY PERMIT FEE_. ENGINEERING FEES SITE FEE _ rUI_VERT S PLUMBING FEE SEPTIC FEE WATER FEE WATER METER FEE SEWER FEE MECHANICAL FEE SURCHARGEFEE OTHERS TOTALFEE CODE ANALYSIS TYPE OF CONST. USE OF SLOG. OCCUPANCY GROUP OCCUPANCY LOAD ZONING DISTRICT VARIANCE GRANTED, DATE OFF STREET PARKING SPACES RED. SPACES ON PLAN MATERIAL FILED W/APPLICATION SOILS REPORT ❑ Borings ❑ Percolation ❑ Compaction tests PLANS AND SPECS. ❑ Sets SURVEY Copies ENERGY CALCULATIONS ❑ PILING LOGS ❑ FIRE SPRINKLERS REQUIRED ❑ YES ❑ NO SPECIAL APPROVALS TONING FIRE DEPT, HEALTH DEPT. PUBLIC WORKS COUNTY OTHER CERTIFICATE OF OCCUPANCY ISSUED DATE BY 97GNAT RE OF A LIC.A APPROVED BY BUILDING -INSPECTOR MEYER-ROHLIN, INC. ENGINEERS -LAND SURVEYORS 1111 Hwy. 25 N., Buffalo, Minn.55313 Phone 612- 682-1781 July 8, 1992 City of Albertville c/o Linda Houghton, Clerk Box 131 Albertville, MN 55301 Re: Lift Station Driveway Dear Linda: Ken Lindsay has requested the installation of a bituminous surfaced driveway at the lift station location in the Sunrise Commercial Park. Our estimate of costs, based upon the unit prices quoted on the Sunrise Commercial Park Street project, would be: 1) For an 8" class 115" base and 2" bituminous surfacing, approximately 12 feet x 50 feet, _ $550-$600.00. 2) If a curb would be required around the driveway/parking area, the curbing would be an additional $600-650.00. It is unclear from the ordinance whether a curb would be required for the driveway and a one vehicle parking area. However, both adjacent properties will be required to have curbs around their parking areas; therefore, possibly the lift station driveway/parking area should be curbed also. As this driveway is an upgrading of the sanitary sewer lift station property, I would think funding would come out of the sewer fund. If you have any questions, please feel free to contact me. Sincerely, MEYE*76L IN , INC. dre Meyer ofessiona cc: E-9201-GEN ine er Thore P. Meyer, Professional Engineer Robert Rohlin, Licensed Land Surveyor MEYER-ROHLIN, INC. ENGINEERS -LAND SURVEYORS 1111 Hwy. 25 N., Buffalo, Minn.55313 Phone 612-682-1781 July 8, 1992 City of Albertville c/o Linda Houghton, Clerk Box 131 Albertville, MN 55301 Re: Joint Drainage System Albertville and Frankfort Township Honorable Mayor and Councilmen: Enclosed is a joint memo released by the study committee to the Albertville City council and the Frankfort Town Board, which indicates a concept of a joint drainage agreement. At the study committee meeting, estimates were used for the area of each community in the drainage area and also the valuation of the properties within the drainage area. Subsequent to that time, -� the Albertville city office has determined the actual valuation to be approximately double of the estimated figure used ($30,000.00 as estimated at 15 ,000,000) . To date we have not received the calculations from Frankfort Township. With these revised valua- tions in mind, the initial percentages of cost sharing would more nearly approach 72% Albertville and 28% Frankfort. As was discussed at the study meeting, after the initial costs of acquiring easements and upgrading a few select areas of the ditch, the ongoing maintenance costs would be quite minimal for many years. Therefore, the greater financial burden would appear to fall on Albertville for this drainage ditch. I will be at the next council meeting for any discussion you may want. Respectfully submitted, -ROHLIN, INC. Thore Meyer Professional F�ia neer -� cc: E-9001--H Thore P. Meyer, Professional Engineer Robert Rohlin, Licensed Land Surveyor TO: Albertville City Council FROM: Thore Meyer, Meyer-Rohlin, Inc. Date: July 6, 1992 Re: Joint Drainage System I-94 Area On June 17, 1992, the drainage committee from Albertville and Frankfort met with Pete Raatikka and myself to discuss the joint drainage system along Interstate 94. Prior to the meeting, Mr. Raatikka and myself had reviewed the ditch and discussed costs involved in establishing a cooperative agreement and taking over the existing ditch. In reviewing the ditch, we found that only minor repairs and cleaning would be needed over the next several years. The estimated costs of those repairs is $10,000. This estimate was based on leaving the ditch in its original alignment across the Vernette Zachman property and improving the access road across the ditch. We also estimated the cost of acquiring easements for the ditch. Those costs were estimated to be $6,000. We assumed that property owners would give the joint drainage district the easements in turn for the district agreeing to maintain and repair the ditch. We discussed the policies and operating procedure of the proposed joint drainage district. As indicated in our previous memo of February 26, 1992, we would recommend that the cooperative agreement or district be kept simple with a maximum of two members from each party. Meetings would be held twice a year or as needed when projects are installed. It would be the policy of the district to require all new development to restrict flow rates to pre -development levels. Therefore, once the ditch is initially repaired, maintenance should be a minor issue. Also each community will be responsible for all lateral projects that outlet into the ditch. Financing the joint drainage district was also discussed. As a preliminary method for dividing costs between Albertville and Frankfort, it was decided to consider a breakdown based on 75% valuation and 25% land area. Albertville has approximately 30% of the land area (400 acres) and Frankfort has approximately 70% of the land area (960 acres). It was estimated that Albertville's valuation was 75% and Frankfort's valuation was 25%. Based on the above estimate of land acres and valuation, Albertville would pay approximately 64% of the costs and Frankfort would pay approxi- mately 36% of the costs to start with. These percentages would change as development occurs. It would be up to each community to determine how they would finance their share of the drainage district. If this concept is agreeable to both parties, we will continue with the establishment of the drainage district and prepare a draft cooperative agreement and refine land areas and valuations. 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