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1992-08-03 CC Agenda/Packet0 ALBERTVILLE CITY COUNCIL AGENDA August 3, 1992 I. CALL MEETING TO ORDER II, APPROVAL OF THE AGENDA III. APPROVAL OF CONSENT AGENDA ITEMS * Attached List IV. FOLLOW-UP SHEET * July 20, 1992 V. APPROVAL OF THE MINUTES * July 20, 1992 - Regular Meeting VI. COMMUNITY FORUM VII. DEPARTMENT BUSINESS A. MAINTENANCE Dips in City Streets Snow Plow Truck Empty City Lot - Project Updates B. ENGINEERING - Sewer Line upgrade - 60th Street inclusion - RESOLUTION Approving Wetland Mitigation Plan for Psyk's 5th Addition - Preliminary Plat Approval - Psyk's 6th - Phil Morris request for feasibility study to extend water & sanitary sewer to proposed restaurant site - Project Updates 8:30 PM C. LEGAL - Barthel Commercial Park Developer's Agreement - Project Updates • 0 D. ADMINISTRATION * Financial Statement Approval to pay bills (Check 06626 thru #6650) - Park Shelter: Specifications Variance for gravel parking lot - Clean up of: Road King and Custom Canopy Promote Ann Culley to Deputy Clerk * Liquor License for Lions' Pork Chop Dinner August 22, 1992, 4:00 PM - 11:00 PM - Formation of Economic Development Committee - Sewer Billing Late Penalty - 50th Street: Appraisal bids - Ed Hackenmueller's request for street light by Hack's Store - Second Opinion - Wastewater Treatment Plant VIII. OTHER BUSINESS IX. ADJOURN UPCOMING MEETINGS/IMPORTANT DATES August 6, 1992 Joint Powers Meeting August 11, 1992 Planning Commission - Regular Meeting PUBLIC HEARINGS: Ordinance Changes Adult Use Ordinance Security State Bank Psyk Subdivision & Ease- ment Vacation August 17, 1992 City Council - Regular Meeting • ALBERTVILLE CITY COUNCIL August 3, 1992 Albertville City Hall 7:30 PM PRESENT: Mayor James Walsh, Councilmen Duane Berning, Mike Potter, Donatus Vetsch and Mark Barthel, City Engineer Norm Gartner, City Attorney Mike Couri, City Clerk Linda Houghton Mayor Walsh called the regular meeting of the Albertville City Council to order. The agenda was amended by adding Check #6651 for reimbursement of supplies for the park bleachers. Potter made a motion to approve the agenda as amended. Berning seconded the motion. All voted aye. Councilman Berning asked that Check #6632 and #6636 be removed from the bills list. Both checks are in payment of Fire Department expenses that Fire Chief Rick Wacker explained should not yet be paid. Councilman Vetsch asked that Check #6645 be removed from the bills list for discussion. The Follow -Up Sheet from the July 20, 1992, meeting was approved on a motion by Barthel, seconded by Potter. All voted aye. The minutes of the July 20, 1992, regular Council meeting were amended on Page 3, Paragraph 2, as follows: "The Council also concurred that Joint Powers should establish a payment plan to repay each community the $57,000+ loaned before it continues with plans to construct a new water tower. Barthel made a motion to approve the minutes as amended. Potter seconded the motion. All voted aye. No one present asked to address the Council under Community Forum. Ken reported that Thore and Donatus have toured all city streets to identify areas for repairs. The Council received a letter dated July 31, 1992, from Thore regarding the repairs he feels are necessary. Thore estimates that between 300'-400' of curbs should be raised. A contractor in Maple Grove has given a $4 per foot estimate for mud -jacking the curbs. Thore also suggested that if the City maintenance personnel could rent a roller, most of the repairs could be completed by the department personnel. The Council directed Thore, Ken and Donatus to get an accurate measurement of the number of feet of curb and to get costs for renting a roller. Ken reported that Wright County possibly has a couple of snow plowing trucks available in the $12,000-$15,000 range. The City's snow plow is a 1973 model and is not likely to last much longer. ALBERTVILLE CITY COUNCIL August 3, 1992 Page 2 of 5 Councilman Potter requested that the clerk put together comparative figures on the cost of contracted snow plowing vs. the City's cost to provide the service. The Council agreed to authorize Councilman Vetsch and Barthel to go along with Ken to look at what used snow plows are available and to get prices for the next Council meeting. The Council directed the maintenance department to clean up and add fill as needed to the empty City -owned empty lot in order that it may be maintained in compliance with ordinances. Engineer Norm Gartner gave the Council a revised cost estimate for upgrading the existing sewer mains (Project 1992-11-B) with the addition of two blocks of 60th Street. The estimate for those two additional blocks if $37,150. The total cost of the upgrading the system is $285,150, which does not include the engineering fees, bonding fees, or legal fees. Engineering fees would range from 10- 15% of the total construction. Legal and bonding fees could be as much as $4,000. Gartner suggested that the City contact the County Engineer to determine if the County could participate in the costs of restoring Main Avenue. Gartner also suggested that the service leads on the new sewer mains be extended, at least through Main Street. A separate bid could be secured for that portion of the project. The Council considered how to finance the project. Potter feels that the money in the Sewer Fund should be used for the project. Barthel agreed with Potter, but added that he believes the City must maintain some reserves in the Sewer Fund. Vetsch pointed out that some of the money in the Sewer Fund has come from SAC fees rather than user charges. The Council agreed to discuss financing this project at a special work meeting. Vetsch made a motion directing Thore to proceed with plans and specifications for the 1992-11-B Sewer Upgrade Improvement Project with an alternate bid for the extension of service leads. Barthel seconded the motion. All voted aye. Gartner reviewed the Wetland Mitigation Plan and the Findings of Fact for the Pysk's Fifth Addition with the Council. Deadline for completion of the plan is January 1, 1994, unless the Council grants an extension. Barthel made a motion to adopt RESOLUTION 1992-14 entitled RESOLUTION APPROVING THE WETLAND MITIGATION PLAN FOR PSYK'S FIFTH ADDITION. Vetsch seconded the motion. Councilman Potter announced that he would abstain from voting on any issue Psyk's Additions to avoid a possibility of conflict of interest. Vetsch, Barthel, Berning and Walsh voted aye. Potter abstained. The resolution was adopted. .-• Gartner explained that Doug Psyk is asking for preliminary plat approval of his 6th Addition because he needs to use the excess soils from the 5th Addition to fill portions of the 6th ALBERTVILLE CITY COUNCIL August 3, 1992 Page 3 of 5 Addition. Barthel made a motion to grant preliminary plat approval for Psyk's 6th Addition, subject to all stipulations of the Planning & Zoning Commission as detailed in the March 24, 1992, minutes, and contingent upon MPCA approval of the extension of the sewer mains. Vetsch seconded the motion. Barthel, Vetsch, and Walsh voted aye. Berning voted no. Potter abstained from voting. The motion carried. The feasibility study for Psyk's Fifth Addition can now be started. The Council reviewed Phil Morris' July 13, 1992, request for the extension of sewer and water service north of I-94 to his property. A feasibility study was prepared in 1989 on this extension. The 1989 costs were around $159,000. Gartner will review those figures for accuracy. The Council will consider the revised numbers at a special work meeting to be set at a later date. Gartner reported that the bench test results have shown that a sludge holding pond will not be necessary in the expansion of the wastewater treatment facility being considered. The sludge will be directed back into the ponds. A rock filter will not be necessary either. The bench tests have shown that the savings in alum treatment would not be great enough to justify the costs of the rock filter. Gartner will prepare revised costs and will update the schematics for the Council to consider at their special work meeting. City Attorney Mike Couri presented draft #2 of the Developer's Agreement for Barthel Commercial Park. The current property owners will need to sign the agreement at this time, but a condition has been included in the draft that allows portions of the property to be transferred to other family members. The park dedication fees over $500 will be calculated and collected after the property is assessed as commercial property. Stan Barthel told the Council that he is not in agreement with the proposed developer's agreement. The Council agreed to table the discussion until agreement can be reached with Barthel. Couri, Linda, Mayor Walsh and Patti Salzwedel, the City's animal control officer, will meet with Ralph Ackerman and his attorney on Thursday, August 6, 1992, at 5:30 PM in an attempt to negotiate an agreement on Sunshine Kennels. Couri explained that a tentative bond schedule to finance the trunk sewer extension has been proposed. The bond totaling $355,000 will be a 12 year special assessment bond. Couri indicated that he is negotiating a 5.7% interest rate for the bond. Doug Psyk has not yet agreed to sign the revised easement for the trunk line on his property. If the City has to pay for Psyk's easement, the other property owners will also have to be paid at ALBERTVILLE CITY COUNCIL August 3,1992 Page 4 of 5 the same rate. This could increase the amount of the bond. Councilman Vetsch questioned why the City was billed over 14 hours by Radzwill Law Office for a bonding proposal for the expansion of the wastewater treatment plant. Couri agreed to check with Radzwill on the billing practices and notify Linda of any changes. Barthel made a motion to approve the Financial Statement for the period July 17 - July 30 as presented. Potter seconded the motion. All voted aye. Barthel made a motion to pay the bills (Check #6626-6651) with the exception of Check #'s 6632, 6636, and 6645. Potter seconded the motion. All voted aye. The specifications are not completed for the addition to the park shelter at this time. Linda advised the Council that the City has received payment of the $171,014 claim from GAB. The debris at the Custom Canopy property and the Rugged Road property has not been removed. The Council directed Linda to contact the property owners to inform them that the City will begin clean-up on August 10, 1992, and all costs associated with he clean-up will be assessed to the property owner. The Council will discuss promoting Ann Culley to the position of deputy clerk while they are working on the 1993 budget. Barthel made a motion to approve the 3.2 Liquor License for the Albertville Lions' Pork Chop Dinner on August 22, 1992, from 4:00 PM - 11:00 PM. Linda was directed to attempt to enlist interest in establishing an Economic Development Committee in the City. Barthel made a motion to set a 10% penalty for late payments of sewer and storm water billings to be applied 20 days after the date of the bill. Vetsch seconded the motion. All voted aye. Linda provided two quotations on appraisals of the parcels along 50th Street. N. Craig Johnson, MAI quoted a cost of $8,000 for the 21 parcels. Watson Appraisal and Consultant Service quoted a price of $5,500. The Council discussed having the appraisals done at this time. Mayor Walsh indicated that he is not in favor of having the appraisal done before the project is begun, because �. of the precedent that would be set. Barthel made a motion to put the appraisal proposals on hold until after the Council improves 50th Street. Vetsch seconded the motion. All voted aye. ALBERTVILLE CITY COUNCIL August 3, 1992 Page 5 of 5 The Council tabled the discussion on the request from Ed Hackenmueller to install a street light on the Hack's property. Linda will contact Buddy Dixon of the State Highway Department to discuss how lights are placed on the freeway overpass. Councilman Berning explained to the other members of the Council that he had contacted another engineering firm to get a second opinion on the expansion of the wastewater treatment plant for his own information. Barthel made a motion to conduct a special work session of the Council on Monday, August 10, 1992, at 7:00 PM to discuss the 1992- 11-B sewer upgrade project, the wastewater treatment facility expansion and preliminary figures on the bonding for the trunk sewer line. Berning seconded the motion. All voted aye. Barthel made a motion to cancel the special work meeting set for August 4, 1992. Vetsch seconded the motion. All voted aye. Councilman Potter explained that the Park Board has requested that Mike Rutkowski attend the Park Board meetings, since the Council has directed Rutkowski to spend sixteen hours per week in the parks. Barthel made a motion to adjourn at 10:20 PM. Potter seconded the motion. All voted aye. A s A. Walsh, Mayor Linda Houghton, Cle ALBERTVILLE CITY COUNCIL CONSENT AGENDA ITEMS August 3, 1992 III. APPROVAL OF CONSENT AGENDA - Minutes of July 20, 1992 - Regular Meeting - Financial Statement - Approval to pay bills (CK #6626 thru #6650) - Follow Up Sheet - July 20, 1992, Meeting - Approval of Liquor License for Lions FOLLOW UP SHEET JULY 20, 1992 Walsh: Contact John Katchmark regarding items which need to be corrected on his new deck Linda.: Send letter to GAB stating that the City was accepting the insurance settlement on park shelter with prejudice and to send a copy to Joel Jamnik at the League of MN City Offices. Linda: Contact Ackerman regarding conditions he must meet in order to get a license for Sunshine Kennels. Couri has contacted Ackerman`s attorney and scheduled meeting for August 6, 1992, at 5:30 PM. * Linda: Send letters to School and Dons Bus Service advising them that their requests to connect _ to the wastewater treatment facility have been approved. Linda: Send letter to John Gries stating that, Custom Canopy must, apply for a building permit prior to July 31, 1992, or the City will initiate clean up of the construction materials on the property near Hack's. Maintenance: Remove weeds from the City`s lot on Barthel Industrial Drive. Linda: Meet with Greg Berning to discuss steps to be taken with regard to the warning siren near Westwind. Linda: Contact Jim Hennum to see how he wants to proceed regarding the storm sewer extension. 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 not 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 Don's 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 f rom 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 (Gruys, Borden, Carlson) be held until the auditors can explain why the charge for the 1992 audit was higher 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. James A. Walsh, Mayor Linda Houghton, Clerk LAW OFFICES MOSS & BARNETT A PROFESSIONAL ASSOCIATION HBRMAN J. RATBLLE ROBERT J. LUXES 4800 NORWEST CENTER MICHAEL I. BRADLEY ANN M. MEYER PATRICK F. FLAHERTY I. MICHAEL HIRSCH 90 SOUTH SEVENTH STREET PETER A. KOLLER RICHARD J. KELBBR VINCENT J. PAHNLANDER NANCY M. KISKIS WAYNE A. VANDER VORT BDWARD J. BLOMME STBVEN Z. KAPLAN HEIDI A. SCHNEIDER DONALD E. WIESE MARGO S. STRUTHERS MINNEAPOLIS, MINNESOTA 55402-4129 NICK HAY CHARLES E. JONES HOWARD S. COX ANN K. NEWHALL JEANNB K. STRETCH BRIAN T. GROGAN PAUL VAN VALKBNBURG L. FLANAGAN MICHAEL J. AHERN MAHER J. WEINSTEIN TELEPHONE (612) 347-0300 REESEMICHAEL CORM BETTENGA W. SCOTT HERZOG PHILLIP GAINSLEY LAUR J MCKNICHEZICK LAURA J. MCKNIGHT E-MALARSRI JEANNB-MARIB ALMONOR WAYNE A. HERGOTT JEFPREY L. WATSON TELECOPIER ( 612 ) 3 3 9 - 6 6 8 6 BARBARA JEAN D'AQUILA JAMES E. O'BRIBN THOMAS J. SHROYER ELIZABBTH A. SNELSON JOHN P. STONE DALE M. WAGNER SUSAN C. RHODB M. CECILIA RAY PAUL G. NEIMANN BARBARA G. STUART THOMAS M. HUGHBS BDWARD L. WINER DAVID P. JBNDRZBJEK PANT T. NDEESS RETIRED ADRIAN E. HERBST DANIEL J. GOLDBERG CURTIS D. SMITH R. S DAURE R. J. WILLIAM N. KOSTER WILLIAM A. HAUG DAVB F. SENGER 347-0264 A. SCOTL JOSEPH N A. KLEINVERVE R. EIN T C. PL8TCH8R EMOBRAINT C. FLETCHER MOSS CHARLES A. PARSONS, JR. BRUCB E. MARTIN WRITER'S DIRECT DIAL NUMBER DAMP M. HENRY DAMES H. SSY DAMES H. PHILIP A. PFAPFLY LOUIS J. SPELTZ ]ENNIFER A. BROOKS JENNI STA STANLBY R. STASBL R. RICHARD J. JOHNSON MITCHELL H. COX July 28, 1992 Ms. Linda Houghton City Clerk City of Albertville Albertville City Hall 5964 Main Avenue Northeast Albertville, MN 55301 Re: Barthel Commercial Park Dear Ms. Houghton: This letter is in furtherance of our recent telephone conversation regarding the above project. In that conversation, you suggested that I write a letter regarding the Barthel's position concerning the draft of a Developers Agreement. you will note I am sending a copy of this letter to Mike Couri. My comments regarding the proposed Developers Agreement will refer to the specific sections in that document, as follows: 1A. We ask that no time limit be set forth when the graveled area must be paved. In other words, the paving would be required only when a second building is constructed and not by any certain date. 1B. This will need to be changed to reflect the variance permitting a 60 foot road right-of-way. We would also ask you to reconsider the requirement of curb and gutter which appears to be unnecessary and will require a substantial additional cost. We also want to advise you that presently Donald Barthel owns the property but subsequent to the execution of the Development Agreement, the property will be transferred to an entity which will be owned by other family members. Language should be included in the Development Agreement authorizing the transfer to this family owned entity. MOSS & BARNETT �-. A PROFESSIONAL ASSOCIATION Ms. Linda Houghton Page 2 July 28, 1992 3A. The Barthels are long standing, substantial members of the community. With that in mind, the surety requirement should be nominal. We recommend that the document reflect that the surety be in the amount of 25 percent of the proposed improvements. 7. I understand your ordinances require a park dedication fee of five percent of the market value. The Barthels have advised me that the taxable market value according to their tax statement is $24,500.00 for the 18 acre parcel which includes Lot 1, Block 2 and Outlot A. Five percent of this amount is $1,225.00 which is an amount the Barthels would agree to pay. 16. Again a reference should be made in this paragraph to the family owned entity which will be an assignee of the property at some date in the near future. As you know, we are anxious to proceed with this matter and would be appreciative of your prompt attention. If you have any questions or wish to discuss this further, please give me a call. Yours very truly, William A. Haug WAH/ckp 740ZCKP cc: Michael Couri, Esq. Mr. and Mrs. Donald Barthel July 13, 1992 City of Albertville c/o Linda Houghton, Clerk Box 131 Albertville, MN 55301 Dear Ms. Houghton: In order to develop our property on the southeast quadrant of the I-94 and County Road 37 intersection, the undersigned requests that the necessary studies be initiated to determine the feasibility and costs of extending water and sanitary sewer to our proposed -� restaurant site. Respectfully submitted, Phil Morris 2400 Interlocken Road Spring Park, MN 55384 CITY OF ALBERTVILLE BILLS TO BE PAID AUGUST 3, 1992 Check No. Vendor Reason Amount 6626 Barco Municipal Prod. Sts. Paint 65.30 6627 Barthel, Mark July Council Mtgs. 109.29 6628 Beacon Sports Prod. Park -Home Plate 68.37 6629 Berning, Duane July Council Mtgs. 124.67 6630 Buffalo Clinic FD-Physical 37.00 6631 Earl Anderson, Inc. St. Signs 95.01 6632 Emergency App. Maint. FD Service 44.52 6633 Federated Co-ops Propane -Ponds 128.00 -- 6634 Hack's C.H. Supp. 73.77 Sts. Gas 51.70 Pks. Gas 51.69 Ponds. Gas 109.69 286.85 6635 Kadlec Excavating 1991-2 Pymt #3 43,455.35 6636 Laerdal Medical Corp F.D. Supplies 198.39 6637 MedCenters Employee Health Ins. 990.41) 6638 Northern Dewatering Pond -Repair pumps 167.14 6639 NSP July services 2,140.55 6640 Otsego, City of Grading 43.75 6641 P.E.R.A. D. Vetsch 17.50 6642 Pitney Bowes July Meter Rent 33.00 6643 Pitney Bowes Maint. Agrmt 74.00 9/1/92-8/31/93 6644 Potter, Mike July Council Mtgs 143.14 .� 6645 Radzwill Law Ofc. July Services 4,375.00 6646 Scharber & Sons J.D. Exhaust Pipe 15.23 6647 United Telephone July billing 217.31 6648 Vetsch, Donatus 6649 Walsh, James 6650 Welter's, Inc. July Council Mtgs. July Council Mtgs. Mower Repairs TOTAL 152.86 212.40 6.66 $53,201.69 CITY OF ALBERTVILLE FINANCIAL STATEMENT July 17 - July 30, 1992 Beginning Cash Balance July 17, 1992 INCOME (July 17 - July 30) Building Permits 1,931.14 Equalization Aid 4,610.00 HACA 58,486.00 Gravel (Reimbursement) 385.00 Interest Income 188.69 Inspection Fee 25.00 Local Gov't Aid 18,736.00 Park Rent 10.00 Park Shelter Donation 4,000.00 Sewer Receipts 10,833.28 SAC 775.00 Special Assessments 4,795.46 Storm Water Receipts 1,224.91 Title Search 40.00 Utility Permit 25.00 TOTAL INCOME EXPENSES (July 17 - July 30) Check #'s 6589 - 6619 96,062.48 (Approved 7/20/92) PAYROLL 7/15 - Check # 6620 Check # 6621 Check # 6622 Check # 6623 Check # 6624 Check # 6625 TOTAL EXPENSES 7/28 - Ann 731.04 - Linda 824.59 - Ken 747.70 - PERA 361.04 - Mike 578.59 - Fed. 1,213.94 106,065.48 00,519.38 $323,072.19 Ending Cash Balance July 30, 1992 $327,615.50 INVESTMENTS: CD #8288 Sewer - matures 10/9/92 @ 6.0% CD #8684-Sewer - matures 10/9/92 @ 5.250 CD #8685 (GF) - matures 10/9/92 @ 5.25% CD #7640 (Lions) - matures 10/16/92 @ 5.25% CD #8286-Sewer - matures 10/10/92 @ 7.25% CD #8289 (GF) - matures 10/10/92 @ 7.25% CD #8579 - matures 12/29/92 @ 4.5% TOTAL INVESTMENTS 267,500.00 267,500.00 40,537.19 518,125.00 518,125.00 153,739.73 $2,075,399.80 MEYER-ROHLIN, INC. ENGINEERS -LAND SURVEYORS 1111 Hwy. 25 N., Buffalo, Minn.55313 Phone 612- 682-1781 July 29, 1992 City of Albertville c/o Linda Houghton, Clerk Box 131 Albertville, MN SS301 Re: 1992-11-B Improvement Project Existing Sanitary Sewer Improvements Honorable Mayor and City Council: Council members Vetsch and Berning asked that we prepare an additional cost estimate for the removal and replacement of the existing sanitary sewer on 60th Street NE from Main Street to Lamont Avenue NE. See figure 9. These two blocks would be upgraded to repair the pipe failures within the system and also reduce the infiltration inflow to the sanitary sewer system. The sanitary sewer within this two -block section varies in slope from 0.41% to 2.74%. Because of the concerns of the residents for sewage blockage within this area, we would propose that the average sewer grade be made at a 1.25% grade. This would have the effect of deepening up the sewer line between Lamont Avenue NE and Main Street. The sewer size would remain 8-inch in size. Attached at the rear of this letter are cost estimates broken down per each block of sewer line to be replaced. These estimates were based on those utilized for Alternate Route #4 since it was the Council's opinion that this was the most favorable route to be followed for replacement of the sewer line. Please note that the cost estimates are only for construction and do not include engineering, legal, administrative or other financing costs. If you should have any questions, please feel free to contact me. Sincerely, MEYER-ROHLIN, INC. Norman Gartner Professional Engineer cc: file E-9201-D Thore P. Meyer, Professional Engineer Robert Rohlin, Licensed Land Surveyor 60th Street NE (Lamont Avenue NE to Lander Avenue NE) 1. Remove manhole 1 each $ 250.00 $ 250.00 2. Remove bituminous 1125 s.y. $ 1.00 $ 1125.00 3. Manholes 48" (0-8') 1 each $ 1200.00 $ 1200.00 4. Manholes Extra Depth, 48" 0.14 l.f. $ 70.00 $ 9.80 S. 8" PVC (8-121) 400 l.f. $ 14.00 $ 5600.00 6. Class 5 aggregate base 625 c.y. $ 10.00 $ 6250.00 7. Bituminous 200 ton $ 25.00 $ 5000.00 8. Density tests 16 each $ 30.00 $ 480.00 $19,915.00 (use $19,900) 60th Street NE (Lander Avenue NE to Main Street) 1. Remove manhole 1 each $ 250.00 $ 250.00 2. Remove bituminous 950 s.y. $ 1.00 $ 950.00 3. Manholes, 4811 (0-8') 1 each $ 1200.00 $ 1200.00 4. Manholes extra depth 5. 8" PVC (8-121) 6. Class 5 aggregate base 7. Bituminous 8. Density tests 1.62 l.f. $ 70.00 $ 113.40 330 l.f. $ 14.00 $ 4620.00 530 s.y. $ 10.00 $ 5300.00 175 ton $ 25.00 $ 4375.00 15 each $ 30.00 $ 450.00 $17,258.40 (use $17,250) MEYER-ROHLIN, INC. ENGINEERS -LAND SURVEYORS 1111 Hwy. 25 N., Buffalo, Minn.55313 Phone 612- 682-1781 July 29, 1992 City of Albertville c/o Linda Houghton, Clerk Box 131 Albertville, MN 55301 Re: 1992-11-B Improvement Project Existing Sanitary Sewer Improvements Honorable Mayor and City Council: Council members Vetsch and Berning asked that we prepare an additional cost estimate for the removal and replacement of the existing sanitary sewer on 60th Street NE from Main Street to Lamont Avenue NE. See figure 9. These two blocks would be upgraded to repair the pipe failures within the system and also reduce the infiltration inflow to the sanitary sewer system. The sanitary sewer within this two -block section varies in slope from 0.41% to 2.74%. Because of the concerns of the residents for sewage blockage within this area, we would propose that the average sewer grade be made at a 1.25% grade. This would have the effect of deepening up the sewer line between Lamont Avenue NE and Main Street. The sewer size would remain 8-inch in size. Attached at the rear of this letter are cost estimates broken down per each block of sewer line to be replaced. These estimates were based on those utilized for Alternate Route #4 since it was the Council's opinion that this was the most favorable route to be followed for replacement of the sewer line. Please note that the cost estimates are only for construction and do not include engineering, legal, administrative or other financing costs. If you should have any questions, please feel free to contact me. Sincerely, MEEYER-ROHLIN, INC. Norman Gartner Professional Engineer cc: file E-9201-D Thore P. Meyer, Professional Engineer Robert Rohlin, Licensed Land Surveyor 60th Street NE (Lamont Avenue NE to Lander Avenue NE) 1. Remove manhole 1 each $ 250.00 $ 250.00 2. Remove bituminous 1125 s.y. $ 1.00 $ 1125.00 3. Manholes 48" (0-8') 1 each $ 1200.00 $ 1200.00 4. Manholes Extra Depth, 48" 0.14 l.f. $ 70.00 $ 9.80 S. 8" PVC (8-12') 400 l.f. $ 14.00 $ 5600.00 6. Class 5 aggregate base 625 c.y. $ 10.00 $ 6250.00 7. Bituminous 200 ton $ 25.00 $ 5000.00 8. Density tests 16 each $ 30.00 $ 480.00 $19,915.00 (use $19,900) 60th Street NE (Lander Avenue NE to Main Street) 1. Remove manhole 1 each $ 250.00 $ 250.00 2. Remove bituminous 950 S.Y. $ 1.00 $ 950.00 3. Manholes, 48" (0-8') 1 each $ 1200.00 $ 1200.00 4. Manholes extra depth 1.62 l.f. $ 70.00 $ 113.40 5. 8" PVC (8-121) 330 l.f. $ 14.00 $ 4620.00 6. Class 5 aggregate base 530 s.y. $ 10.00 $ 5300.00 7. Bituminous 175 ton $ 25.00 $ 4375.00 8. Density tests 15 each $ 30.00 $ 450.00 $17,258.40 (use $17,250) July 13, 1992 City of Albertville c/o Linda Houghton, Clerk Box 131 Albertville, MN 55301 Dear Ms. Houghton: In order to develop our property on the southeast quadrant of the I-94 and County Road 37 intersection, the undersigned requests that the necessary studies be initiated to determine the feasibility and costs of extending water and sanitary sewer to our proposed restaurant site. Respectfully submitted, ;.1/,1i � Phil Morris 2400 Interlocken Road Spring Park, MN 55384 LAW OFFICES MOSS & BARNETT A PROFESSIONAL ASSOCIATION HERMAN J. RATELLR ROBERT J. LUKES 4800 NORWEST CENTER MICHAEL J. BRADLEY ANN M. MEYER PATRICK P. FLAHERTY J. MICHAEL HIRSCH PETER A. KOLLER VINCENT J. PAHNLANDER WAYNB A. VANDER VORT EDWARD J. BLOMME 90 SOUTH SEVENTH STREET RICHARD J. KELBER NANCY M. KISKIS DONALD E. WIESE MAR GO S. ST'RUTHERS STEVEN Z. KAPLAN HEIDI A. SCHNEIDER HOWARD S. COX ANN K. NEWHALL MINNEAPOLIS, MINNESOTA 55402-4129 NICK HAY CHARLES E. JONES PAUL VAN VALKENBURG MICHAEL J. AHERN JEANNE K. STRETCH BRIAN T. GROGAN MICHAEL L. FLANAGAN MAHER J. WEINSTEIN TELEPHONE )612) 347.0300 REESE E. CHEZICK CORY LARSEN BBTTENGA W. SCOTT HERZOG PHILLIP GAINSLEY LAURA J. MCKNIGHT JEANNE-MARIE ALMONOR WAYNB A. HERGOTT JEFFREY L. WATSON TELECOPIER )612) 339.6686 BARBARA IRAN D'AQUILA JAMES E. O'BRIEN THOMAS J. SHROYER ELIZABETH A. SNELSON JOHN F. STONE DALE M. WAGNER SUSAN C. RHODE PAUL G. HEIMANN BARBARA G. STUART M. CECILIA RAY EDWARD L. WINER DAVID P. JENDRZEJEK THOMAS M. HUGHES ADRIAN B. HERBST DANIEL J. GOLDBERG PAUL T. BIDSNESS RETIRED WILLIAM N. KOSTER CURTIS D. SMITH 347-0264 DANIEL R. SUNDRLL J. BRAINERD CLARKSON WILLIAM A. HAUG DAVE P. SENGER MAUREEN A. SCOTT FREMONT C. FLETCHER CHARLES A. PARSONS, JR. BRUCE K. MARTIN JOSEPH R. KLEIN VERNE W. MOSS PHILIP A. PPAFFLY LOUIS J. SPELTZ WRITER'S DIRECT DIAL NUMBER DAVID M. HENRY JAMES H. HENNESSY RICHARD J. JOHNSON MITCHELL H. COX JENNIFER A. BROOKS STANLEY R. STASEL July 28, 1992 Ms. Linda Houghton City Clerk City of Albertville Albertville City Hall 5964 Main Avenue Northeast Albertville, MN 55301 Re: Barthel Commercial Park Dear Ms. Houghton: This letter is in furtherance of our recent telephone conversation regarding the above project. In that conversation, you suggested that I write a letter regarding the Barthel's position concerning the draft of a Developers Agreement. You will note I am sending a copy of this letter to Mike Couri. My comments regarding the proposed Developers Agreement will refer to the specific sections in that document, as follows: 1A. We ask that no time limit be set forth when the graveled area must be paved. In other words, the paving would be required only when a second building is constructed and not by any certain date. 1B. This will need to be changed to reflect the variance permitting a 60 foot road right-of-way. We would also ask you to reconsider the requirement of curb and gutter which appears to be unnecessary and will require a substantial additional cost. We also want to advise you that presently Donald Barthel owns the property but subsequent to the execution of the Development Agreement, the property will be transferred to an entity which will be owned by other family members. Language should be included in the Development Agreement authorizing the transfer to this family owned entity. MOSS & BARNETT A PROFESSIONAL ASSOCIATION Ms. Linda Houghton Page 2 July 28, 1992 3A. The Barthels are long standing, substantial members of the community. With that in mind, the surety requirement should be nominal. We recommend that the document reflect that the surety be in the amount of 25 percent of the proposed improvements. 7. I understand your ordinances require a park dedication fee of five percent of the market value. The Barthels have advised me that the taxable market value according to their tax statement is $24,500.00 for the 18 acre parcel which includes Lot 1, Block 2 and Outlot A. Five percent of this amount is $1,225.00 which is an amount the Barthels would agree to pay. 16. Again a reference should be made in this paragraph to the family owned entity which will be an assignee of the property at some date in the near future. As you know, we are anxious to proceed with this matter and would be appreciative of your prompt attention. If you have any questions or wish to discuss this further, please give me a call. Yours very truly, William A. Haug WAH/ckp 740ZCKP cc: Michael Couri, Esq. Mr. and Mrs. Donald Barthel APPLICATION FOR NON -INTOXICATING MALT LIQUOR LICENSE The undersign, certifies that it co mplies with the Minnesota Statutes, Section 340.001, Subdivision 7, in that it qualifies as a "Bona Fide Club" within that Section, and that this application makes petition for a limited license as a "Bona Fide Club" for a limited non -intoxicating malt liquor license. 1. Name of Applicant: 7L4 le 4 e L ; eezL 2. Name and Address of President and Secretary of Applicant: _ %i�,0r1? 1 •t ap- rG 77t, — ttq.1 TC.e�LLU 9�J7 - 4 s s r 3. Purpose for which funds derived will be used: 4. Date of activities for which license is requested: 5. Premises from which non -intoxicating malt liquor will be dispensed on said date: 6e- a a W.0 4 0-1 b. Hours of operation on the date for which limited license is requested: 4�•42n _f' �4go J�,,gd 7. Number of previous license obtained this calendar year: S. Name, address, telephone number and position held with Club of person signing this -application: _ �jj /,�L 1-6 7 NOTE: License fee of $10.00 per day is required to accompany this application. NOTE: Applicant must appear in person before the City Council for approval of limited license. DATED: S' ature of Applicant(s) 08/19/91 THIS FORM MUST BE TURNED INTO CITY HALL BY 5:00 PM THE WEDNESDAY BEFORE THE SCHEDULED CITY COUNCIL MEETING. DATE OF MEETING - NAME : Z-� REQUEST TO BE SCHEDULED ON AGENDA ALBERTVILLE CITY COUNCIL MEETING �[°f`Grd� o.•Lc r 6GE7L — �c�LE�/••-��•• c c�L t X � ..l.ve DEPARTMENT: ADDRESS: ^" >; �'- BUSINESS TO BE ADDRESSED BY CITY COUNCIL: %� �sTct v ¢ i-2c-e-L..� ST{zc Ei �' b/� � N' ACTION REQUESTED OF COUNCIL: SIGNED TE d y Z