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1992-11-03 CC Agenda/PacketALBERTVILLE CITY COUNCIL AGENDA November 3, 1992 I. CALL MEETING TO ORDER II. APPROVAL OF THE AGENDA III. APPROVAL OF CONSENT AGENDA ITEMS * Attached List IV. FOLLOW-UP SHEET * October 19, 1992 V. APPROVAL OF THE MINUTES * October 19, 1992 - Regular Meeting * October 27, 1992 - Special Meeting VI. COMMUNITY FORUM VII. MARY IPPEL & BOB THISTLE - Resolution #1992-35 (Acknowleging the proposed issuance of revenue bonds by Joint Powers Board) VIII. DEPARTMENT BUSINESS A. MAINTENANCE - Project Updates B. ENGINEERING - Resolution 1992-36 (Approving Exemption from the Wetland Conservation Act of 1992) - 50th Street - Plans and Specs - Psyk's 5th Addition - Bids - Main Street Sidewalk - Plans & Specs - AIDC/Scherer Brothers - Ron Becker drainage easement - Project Updates 8:30 PM C. LEGAL - Project Updates 0 D. ADMINISTRATION * Financial Statement * Approval to pay bills (Check #6873 - thru #6902) 9:00 PM - Arlan Middleton - discussion on City's insurance needs/appraisals - Consider Agreement to Terminate Water Tower Leas - Park & Ride update - For discussion: Should City consider moving the road? * Set assessment hearing for trunk sewer line for Tuesday November 4, 1992, at 7:00 PM * Set assessment hearing for Westwind Commercial Property for Tuesday, November 4, 1992, immediately following trunk sewer line assessment hearing * Appoint General Election judges - Set budget work meeting regarding wages VIII. ADJOURN UPCOMING MEETINGS/IMPORTANT DATES November 3, 1992 Election Day November 10, 1992 Planning Commission - Regular Meeting November 16, 1992 Public Hearing TIF #4 (7:00 PM) November 16, 1992 City Council - Regular Meeting (7:30 PM) November 19, 1992 Park Board - Regular Meeting November 24, 1992 Assessment Hearings - Trunk Sewer WestwindCommerical December 7, 1992 City Council - Regular Meeting December 9, 1992 Truth -in -Taxation Public Hearing (7:00 PM) December 16, 1992 Continuation of Truth -in -Taxation Public Hearing - 7:00 PM (if necessary) • ALBERTVILLE CITY COUNCIL November 2, 1992 Albertville City Hall 7:30 PM PRESENT: Mayor Jim Walsh, Councilmen Donatus Vetsch, Duane Berning, and Mike Potter, City Engineer Thore Meyer, 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 shifting the Legal Department from 8:30 PM to 7:45 PM to allow Couri to attend the portion of the meeting dealing with Resolution #1992-35. Payment of Check #6884 to JV Industries was removed from the consent agenda. Berning made a motion to approve the agenda as amended. Vetsch seconded the motion. All voted aye. Vetsch made a motion to approve the follow-up sheet from the October 19, 1992, meeting. Berning seconded the motion. All voted aye. Vetsch made a motion to approve the minutes of the October 19, 1992, regular City Council meeting. Berning seconded the motion. All voted aye. The minutes of the October 27, 1992, work meeting were amended on Page 2, Paragraph 2 by deleting the following sentence: "The Council will set another work meeting to finalize the 1993 budget." Vetsch made a motion to approve the minutes as amended. Berning seconded the motion. All voted aye. The City Council reviewed the Snow Plowing complaint received from Tim Raab, 11583 52nd Street NE, regarding his sod being torn up by the snow plow. No action was taken on the matter. Mayor Walsh asked if there was anyone present who wished to address the Council. There was no response to the Community Forum portion of the agenda. Because Attorney Couri was not present at this time to discuss Resolution #1992-35, Mayor Walsh suggested the Council continue with the Maintenance Department items until the attorney arrives. The Council concurred. Ken Lindsay reported that the last discharge is being done at the wastewater plant. The compost day went well. A total of 26 residents brought 38 loads of compost materials. Ken also reported that he had been informed by the building inspector that if the old warming house building is relocated to the wastewater treatment plant, it must be upgraded to conform with ALBERTVILLE CITY COUNCIL November 2, 1992 Page 2 of 4 the building codes. The clerk was directed to verify with the building inspector and to check with the Fire Department to see if the building could be burned. Lindsay was instructed not to use the newly purchased Ford truck before the blue flashing light is installed. Mary Ippel, bond counsel from Briggs & Morgan, and Bob Thistle, representing Springsted, Inc., presented RESOLUTION #1992- 35 (Resolution Acknowledging the Proposed Issuance of Revenue Bonds by the Hanover, Frankfort, St. Michael and Albertville Water and Sanitary Sewer Board and Setting Forth Certain Matters Relating Thereto). The Joint Powers Board is proposing to issue $1,245,000 in revenue bonds that mature in year 2008. The Council expressed concern that approving this resolution would be detrimental to the attempt to have the City rated. Thistle indicated that he felt the City's approval of this resolution would be a somewhat small factor in that consideration. Upon the advice of the City Attorney, the Council asked to have the resolution clarified in regard to payments to the City of Albertville by the other member communities for their 25% share of the amount to be levied. The language concerning an annexation of a portion of Frankfort Township should also be clarified. Mayor Walsh called for a recess to allow Couri and Ippel to draft the language the City requested. Mayor Walsh reconvened the Council meeting. Couri and Ippel reviewed the new language to be included in Resolution #1992-35. Vetsch made a motion to adopt RESOLUTION #1992-35 with the modifications agreed upon by the Bond Counsel Ippel and City Attorney Couri. Berning seconded the motion. All voted aye. Thore explained that a drainage easement must be procured from Ron Becker before the 50th Street Improvement is done. In order to get the easement, the drain tile on the Becker property should be repaired or replaced. Thore will get the exact costs to repair or replace the drain tile line. The Council agreed to pay for the repairs out of the quarterly storm water fees. Couri explained that Security Bank Northwest has agreed to bond the City in the amount of $115,000 at an interest rate of 5.5%. This will allow the City to refund the 1988 $790,000 bond as decided at the last Council meeting. Closing on the new bond will be on November 18,1992. Potter made a motion to approve the plans and specs for the 50th Street Improvement Project with B-618 curbs. Berning seconded the motion. All voted aye. The Council reviewed the letter dated November 2, 1992, from Tom Schany, owner of Northdale Construction Company, agreeing to ALBERTVILLE CITY COUNCIL November 2, 1992 Page 3 of 4 extend the award date for the Psyk's 5th Addition Improvement Project to April 1, 1993, if the pond excavation is deleted. Vetsch made a motion to accept the extension of the bid award to Northdale Construction and delay further action on the bid until sometime prior to April 1, 1993. Berning seconded the motion. All voted aye. The Council reviewed the plans and specifications for the sidewalk extension down Main Avenue (1992-4 Improvement Project). Bids for this project will be opened at 10:00 AM on Tuesday, November 11, 1992. Thore was directed to contact the developers of the Hardwood Ponds about installing aprons for the two driveways that will eventually access Main Avenue. Ron Andrea questioned the Council and the engineer about how the drainage from his property would be affected by the sidewalk project. Thore will meet with Andrea at the property site to go over the drainage problem. Potter made a motion to approve the plans and specs for the 1992-4 Improvement Project (Main Street Sidewalk) and to set a special meeting to award bids at 7:00 PM on Tuesday, November 10, 1992. Vetsch seconded the motion. All voted aye. Vetsch made a motion to approve the Financial Statement for the period October 15 - October 28 as presented. Berning seconded the motion. All voted aye. Vetsch made a motion to pay the bills (Check #6873 - #6902) with the exception of Check #6884 (JV Industries). Berning seconded the motion. All voted aye. Arlan Middleton of Middleton Insurance Agency addressed the Council and reviewed the application for LMCIT insurance. The City has received the appraisal from Stevenson -Edwards on all City property and Middleton reviewed the appraised value vs. the amounts applied for coverage. In most cases the appraised figures and the application are relatively close, but the Council directed Linda and Middleton to meet to come up with any changes in coverage that may be necessary. Middleton did explain that the City has never had insurance coverage for the three lift stations, appraised at between $50-$60,000 each. Arlan will determine the additional premiums to insure the lift stations against lightning strikes and damages caused by vehicles. Arlan also explained that the bond provided through LMCIT now will cover the Council and all City employees for up to $20,000. The City may decide to bond the clerk/treasurer for a greater amount. Vetsch made a motion that the City of Albertville does not waive the monetary limits on tort liability established by Minnesota Statutes 466.04. Berning seconded the motion. All voted aye. ALBERTVILLE CITY COUNCIL November 2, 1992 Page 4 of 4 Linda reported that MNDOT has verbally agreed to improve the park and ride lot at the intersection of County Roads 19 and 37 next spring. The City will be responsible for plowing the lot and for the cost of street lighting. Vetsch brought up that it may be a good idea for the City to move the curve in 60th Street to the east and add the triangular piece of property to the Park & Ride lot. Linda was directed to contact MNDOT and make that suggestion, however, the City will not be responsible for the cost. Vetsch made a motion to set the assessment hearing for the trunk sewer line for Tuesday, November 24, 1992, at 7:00 PM. Berning seconded the motion. All voted aye. Vetsch made a motion to set the assessment hearing for the Westwind Commercial property for Tuesday, November 24, 1992, at 7:00 PM. Berning seconded the motion. All voted aye. Vetsch made a motion to approve the Election Judges for the General Election as presented. Berning seconded the motion. All voted aye. 1 The City Council agreed to serve as the Canvassing Board for the Municipal Election and set the canvassing meeting for 5:30 PM on Wednesday, November 4, 1992. Potter made a motion to adjourn at 10:25 PM. Berning seconded the motion. All voted aye. James A. Walsh, Mayor v L"aHoughton, Clerk ALBERTVILLE CITY COUNCIL CONSENT AGENDA ITEMS November 2, 1992 III. APPROVAL OF CONSENT AGENDA - Minutes of October 19, 1992 - Regular Meeting - Minutes of October 27, 1992 - Special Meeting - Financial Statement - Approval to pay bills (CK #6873 thru #6902) - Follow Up Sheet - October 19, 1992, Meeting - Set assessment hearing for trunk sewer line for Tuesday, November 24, 1992, at 7:00 PM - Set assessment hearing for Westwind commercial property for Tuesday, November 24, 1992, immediately following assessment, hearing for trunk sewer line - Appoint election judges FOLLOW-UP SHEET FROM OCTOBER 19, 1992, COUNCIL MEETING Linda: Review Sign ordinance and inform current violators of the ordinance's requirements Linda: Review shoreland ordinance and begin drafting new ordinance to comply with the new requirements Council: Determine additional costs to average building if amendment to the Zoning Ordinance, Section 1000.4 (i) (2) is approved as recommended by Planning and Zoning Vetsch} Meet with Frankfort's engineer & Board to negotiate Thore} workable solution on 50th Street regarding who will Berning} do what Thore: Pursue agreement with MNDOT to drain the I-94 area Gartner: Prepare schedule for sewer line replacement phases Linda: Send letter to Scherer Brothers regarding the retaining wall in Barthel Manor Second Addition Maint. Clean sand, gravel, and blacktop from Joint Powers area left when the truck line was installed. Thore} Check manholes along 50th Street and mark those Ken} manholes that could present a potential danger Linda: Provide Judy Roden with the list of materials to be removed from Rugged Road/Custom Canopy as detailed by the building inspector Maint.: Get accurate count of all hydrants in city limits that are not flagged Thore} Contact MPCA in an attempt to determine why Pysk's 5th Addition was granted only 10 sanitary sewer connections Linda:} Draft one-year lease with Zimmer Brothers for rent Mike:} of excess land by ponds Linda: Proceed to develop Fair Housing requirements to comply with the Fraser Steel loan agreement ALBERTVILLE CITY COUNCIL October 19, 1992 Albertville City Hall 7:30 PM PRESENT: Mayor Jim Walsh, Councilmen Duane Berning, Mike Potter, Donatus Vetsch, and Mark Barthel, City Engineer Thore Meyer, 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 deleting "50th Street Plans and Specs" under Engineering, and deleting approval of Check #6862 in the amount of $1,314.40 to Roto-Rooter and issuing Check #6866 in the amount of $1,200 to Roto-Rooter. The amended agenda was approved on a motion by Barthel, seconded by Potter. All voted aye. The follow-up sheet from the October 5, 1992, meeting was approved on a motion by Barthel, seconded by Vetsch. All voted aye. The minutes of the October 5, 1992, meeting were amended as follows: (1) Page 1, Paragraph 3 - Amended to read "Vetsch, Berning, Potter and Walsh voted aye. Barthel voted no. The motion carried." (2) Page 2, Paragraph 3 - Amended to read "Potter, Barthel and Walsh voted no." (3) Page 3, Paragraph 5 - Amended to include the following sentence: "The City Council agreed not to add curb and gutter to the portion of 60th Street east of Main Avenue". Barthel made a motion to approve the minutes of the October 5, 1992, meeting as amended. Vetsch seconded the motion. All voted aye. Barthel made a motion to approve the minutes of the October 14, 1992, public hearing on the TIF budgets. Vetsch seconded the motion. All voted aye. The maintenance department was directed to clean up the gravel, sand and blacktop by the Joint Powers property left when the sewer truck line was installed. Thore was directed to check the manholes along 50th Street. If they need to be marked, he will notify the maintenance department and the manholes will be marked. Judy Roden addressed the Council under Community Forum. She questioned when the Rugged Road and Custom Canopy propoerties will ALBERTVILLE CITY COUNCIL October 19, 1992 Page 2 of 5 be cleaned. Linda explained that she has asked the building inspector to provide a list of the materials that should be removed. The City will then have those materials removed using the escrow fund of $3,000 from Custom Canopy to pay the costs. Linda will contact Mrs. Roden when the list is available. Ken told the Council he is requesting $8,000 in the unpaved street maintenance 1993 budget to gravel one mile of the road to the pond. The Council will consider Ken's request at the next budget meeting. Ken showed the Council a fiberglass fire hydrant marker flag now available that is more flexible than the flags currently on the hydrants. The cost of the hydrant flags is $10 each. The Council asked Ken to check whether this hydrant flag is available with the longer bracket to connect to the hydrant. Ken will get a count on the number of hydrants that are missing hydrant flags. Ken plans to do the final fall discharge of the ponds later this week. The Council authorized Ken to spent approximately $400 to enclose an office area in the maintenance shop, provided that the improvement does not affect the building standards or codes for the rest of the building. Ken and Mike will man the compost site at the ponds this Saturday. Instead of overtime pay, the maintenance department will take equal time off sometime during the week. Ken presented a quote from Fehn Gravel & Excavating to move the old warming house building from City Park to the pond site. Fehn estimates the costs to be around $500, but could be slightly less. Berning was opposed to having the building moved to the pond site. He indicated that the fire department could use the building as a practice burn. All other members of the Council felt the building should be moved. Ken brought up a question about sick leave policy. The Council will look into policy questions at the budget meetings. City Engineer Thore Meyer presented the bid tabulations for the Pysk's Sth Addition project in his letter dated October 19. Northdale Construction is the apparent low bidder at $218,071.80. Thore indicated he has checked Northdale Construction's recommendation and found that Northdale is reliable bidder. Thore recommends awarding the bid to Northdale Construction. Doug Psyk, developer of Pysk's Fifth Addition, told the Council he is not positive he will go ahead with this project at ALBERTVILLE CITY COUNCIL October 19, 1992 Page 3 of 5 this time. He has several questions about the developer's agreement. He is also unsure of why he is being allowed only ten connections to the sewer mains instead of the 13 connections he expected on the main trunk line. Thore and Linda were directed to contact MPCA to discover the reason only ten connections were permitted. The Council agreed to table awarding a contract for Pysk's Fifth Addition until the November 2, 1992, meeting. The Council also removed discussion of the developer's agreement from the Legal Department agenda. Thore reported that he has received a price from Latour Construction to install a drain line to the flow meter manhole in the amount of $1,398. The Council will not have the drain line installed at this time. Thore reported that he will be meeting with Redstone Construction later this week to discuss the second lift of blacktop in the Westwind Second Addition. Neither the engineer nor the Council is happy about the appearance of the final lift. The Council agreed the a bridge over the curbs must be in place before construction related vehicles are allowed to drive over the curb. Some of the City's curbs have been damaged or pushed out of alignment by construction trucks. The policy will become a condition of future building permits issued and will be enforced by the building inspector. Barthel made a motion directing the engineer to prepare plans and specs for the installation of four foot sidewalks and advertise for bids for sidewalking along the east side of Main Street to 50th Street as soon as possible. The Council will complete the sidewalking project from the intersection of Main and 50th Street south to the high school parking lot next spring. Potter seconded the motion. All voted aye. The Council considered the notice of the tax forfeited property in the City. The Council is not interested in purchasing this property. The Council reviewed City Attorney Mike Couri's letter dated October 14, 1992, and his refunding proposal for the $790,000 1988 General Obligation bond. The City can use $495,000 in the debt service fund to retire an equivalent amount of the bond. This would allow the City to refund the remaining portion of the bond ($110,000) along with the costs of the bond issuance (approximately $6,000) through the issuance of a new refunding bond in the amount of $115,000. The City should realize a savings of approximately $175,000. Potter made a motion to refund the 1988 $790,000 G. O. ALBERTVILLE CITY COUNCIL October 19, 1992 Page 4 of 5 bond as proposed. Barthel seconded the motion. All voted aye. Couri reported that he and Linda had met with Rod Fraser and Michael Blanchert to discuss the relocation of Energy Technology Systems, Inc. (ETS) to Albertville. Linda and Couri are continuing to work with Blanchert in the relocation. Couri has spoken to DTED's Joe Feist concerning its financing the replacement of the sewer mains. Feist indicated the City would encounter no objections in going ahead with the installation before the project is approved for funding. The Council accepted the recommendation from Planning & Zoning regarding notification if the Council wishes to revise P&Z's recommendation that 50% of the facade of pole buildings be faced with other materials. Barthel made a motion to appoint Roger Johnson to fill the vacancy on the Planning & Zoning Commission. Vetsch seconded the motion. All voted aye. Barthel made a motion to approve the Financial Statement for the period September 30 - October 14, 199.1, as presented. Vetsch seconded the motion. All voted aye. Barthel made a motion to approve payment of Check #6832. - check #6866 as presented. Vetsch seconded the motion. All voted ave. Barthel made a motion directing Linda to proceed in getting the motor vehicle record information on each employee as recommended. Vetsch seconded the motion. All voted aye. Potter made a motion to agree to a one-year lease with Zimmer Brothers to rent the land around the wastewater treatment plant with the condition that the City will not be responsible for any crop damage that may result from the construction of the new wastewater treatment facility next year. Rent was set at $950 for the year. Vetsch seconded the motion. All voted aye. Linda was directed to proceed with complying with the requirements of Fair Housing Practices as required by the terms of the revolving loan agreement through the Department of Trade and Economic Development. The Council reviewed the agreement to terminate the water tower lease agreement with Joint Powers. The Council asked the Joint Powers representatives to get clarification on whether Joint Powers intends to be responsible for the complete dissembly of the old water tower. The Council will consider termination of the ALBERTVILLE CITY COUNCIL October 19, 1992 Page 5 of 5 water tower lease at the next Council meeting. Barthel made a motion to change the date of the Truth -in - Taxation meeting to December 9, 1992, at 7:00 PM and the continuation of the Truth -in -Taxation meeting to December 16, 1992, at 7:00 PM, if necessary. Barthel made a motion to adjourn at 9:02 PM. Potter seconded the motion. All voted aye. James A. Walsh, Mayor Linda Houghton, Clerk ALBERTVILLE CITY COUNCIL SPECIAL WORK MEETING October 27, 1992 Albertville City Hall 7:00 PM PRESENT: Councilmen Donatus Vetsch, Duane Berning, and Mike Potter, City Engineers Thore Meyer and Norm Gartner, City Attorney Mike Couri, City Clerk Linda Houghton Acting Mayor Vetsch called the special work meeting to order. Vetsch reviewed the items to be considered at the meeting: update on wastewater treatment project, methodology of assessing sewer trunk line and the 1993 budget. Norm explained the options for location of the new facilities. The facilities can be located either north of Cell #3 or adjacent to the existing buildings. Locating next to the existing building consolidates treatment in one area by extending the existing building. Norm will be able to finalize the location of the facilities after he receives the results of the soil borings. Plans and specs for the facility should be prepared sometime in November. Norm reported that PCA has informed him that the City must use PCA's bid documents for bidding out the sewer replacement project if the City will be using public financing. The Council has two options: 1) Pull the bids that were let, revamp them according to PCA bid documents, and readvertise for bids; or 2) Fund the sewer replacement project without use of public financing. The Council concurred that public financing would be more economical and that the bids should be recalled. Norm advised the Council that they could probably award bids at the second meeting in December. Thore reported that Wright County has agreed to pay one half the cost of replacing Main Avenue after the sewer main replacement. Thore also described the stipulation in the replacement bids that the project cannot be restarted in the spring until after the Friendly City Days celebration in June. The Council reviewed Trial I and Trial II methods of assessing the trunk sewer line project. Thore and Couri have met and have proposed one of these methods to use to assess the project. Couri pointed out that the Trial I method takes the entire cost of the project, including the extensions to the Barthel, Bebeau and Heuring properties, and divides the costs among all property owners based on linear footage and area. Trial II assesses the extensions to the Barthel, Bebeau, and Heuring properties exclusively to those property owners and assesses the cost of the trunk line to the property owners benefitting on a linear foot/acreage basis. Couri recommended the Council use the Trial II method because the three individual projects are treated consistently. Potter made a motion to adopt RESOLUTION 1992-34 adopting the assessment roll based on the Trial II method presented, setting the date of the assessment hearing for Tuesday, November 24,1992, at 7:00 PM, and directing the clerk to publish notice of the assessment hearing and to notify the property owners of the assessment roll. Berning seconded the motion. All voted aye. The Council continued discussion on the 1993 budget. Couri advised the Council of the amounts he recommends be levied for bonds. The Council worked to equalize budgetary revenues with expenditures. No final budget was approved. The Council will set another work meeting to finalize the 1993 budget. Potter made a motion to adjourn at 11:15 PM. Berning seconded the motion. All voted aye. Linda Houghton, Clerk 2 EXTRACT OF MINUTES OF CITY COUNCIL OF ALBERTVILLE, Pursuant meeting of the City County, Minnesota, said City on the o'clock .M. HELD: to due call and Council of the was duly called day of A MEETING OF THE THE CITY OF MINNESOTA 1992 notice thereof, a City of Albertville W lr ght and held at the City Hall in , 1992, at The following members were present: and the following were absent: Member introduced the following resolution and moved its adoption: RESOLUTION ACKNOWLEDGING THE PROPOSED ISSUANCE OF REVENUE BONDS BY THE HANOVER, FRANKFORT, ST. MICHAEL AND ALBERTVILLE WATER AND SANITARY SEWER BOARD AND SETTING FORTH CERTAIN MATTERS RELATING THERETO A. WHEREAS, the City of Albertville, Minnesota (the "City"), has heretofore issued its $1,046,000 General Obligation Water Revenue Bond (the "Outstanding Bond"); and B. WHEREAS, the City has pledged to the payment of the Outstanding Bond, net revenues derived from the Hanover, Frankfort, St. Michael and Albertville water system; and C. WHEREAS, the resolution issuing the Outstanding Bond authorizes parity bonds to be"issued if the net revenues (gross revenues less essential operation and maintenance expenses) for the fiscal year preceding the year in which such parity bonds are to be issued, were 120% of the average annual debt service requirements on all bonds then outstanding and those to be issued; and D. WHEREAS, the Hanover, Frankfort, St. Michael and Albertville Water and Sanitary Sewer Board (the "Board"), 228083 FROM BRIG" MORGAH SR . H0,24j6S- 6742" 7,55, PRrE 3 proposes to issue its Water and Sewer Revenue Bonds (the "Revenue Bonds") in an amount not to exceed $1,250,000 payable from the net revenues of the water system on a parity of lien with the Outstanding Bond; and NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Albertville, Minnesota, as follows: 1. Ack owledgement of RevenueBonds; Parity of Lien Pledge. The City acknowledges that the Board proposes to issue the Revenue Bonds and that the Revenue Bonds shall be issued on a parity of lien on the net revenues of the water system with the Outstanding Bond. 2. sufficiency of Net Revenues; Tax Levy- The City reaffirms that if the net revenues of the water system of the Board in any year are not sufficient to pay the principal and interest on the Outstanding Bond and the Revenue Bonds, it will levy ad valorem real estate taxes to pay the principal and interest on the Outstanding Bond. As a result of such a levy, the net revenues of the water system will be applied, to the extent necessary, to pay the principal and interest on the Revenue Bonds. 3. Exercise of Rights. In the event that the City levies ad valorem real estate taxes for the payment of the Outstanding Bond, the City shall request the Board to require that each City pay an amount equal to its share of such levy pursuant to paragraph D under the Operating and Authorizing Agreement, dated December 13, 1977, as amended. The motion for the adoption of the foregoing resolution was duly seconded by member and, after full discussion thereof and upon a vote being taken thereon, the following voted in favor thereof: and the following voted against the same: Whereupon said resolution was declared duly passed and adopted. 22P083 2 ROM RIGGS MORGAN SP STATE OF MINNESOTA COUNTY OF WRIGHT CITY OF ALBERTVILLE Nil.120'j06f 423 I, the undersigned, being the duly qualified and acting Clerk -Treasurer of the City of Albertville, Minnesota, DO HEREBY CERTIFY that I have carefully compared the attached and foregoing extract of minutes with the original minutes of a meeting of the City Council of said City duly called and held on the date therein indicated, which are on file and of record in my office, and the same is a full, true and complete transcript therefrom insofar as the same relates to acknowledging the proposed issuance of a revenue bond by the Hanover, Frankfort, St. Michael and Albertville Water and Sanitary Sewer Board and setting forth certain matters relating thereto. WITNESS my hand as such Clerk -Treasurer and the official seal of said City this day of Clerk -Treasurer (SEAL) , 1992. 228083 MEYER-ROHLIN, INC. ENGINEERS -LAND SURVEYORS 1111 Hwy. 25 N., Buffalo, Minn.55313 Phone 612- 682-1781 Ms. Linda Houghton, Clerk City of Albertville PO Box 131 Albertville, D)N 55301 Re: 1992-11B Improvement Existing Sewer System Albertville, MN Dear Linda, Project Improvements October 21, 1992 Attached you shall find the project notification form, Certificate of Exemption, Resolution to Approving Exemption From the Wetland Conservation Act of 1991, Findings of Fact approving the exemption, along with the associated attachments for the above - referenced project. The sewer replacement project will be crossing a portion of Mud Lake, which would be classified as a wetland area. As such, the City of Albertville, as the local governmental unit, must act on the wetland disturbance. Pursuant to the Wetland Conservation Act of 1991, these improvements are exempt from the Act. Copies of the Project Notification Form have been forwarded to the U.S. Army Corps of Engineers, Minnesota Pollution Control Agency, and Minnesota Department of Natural Resources. In addition, a formal permit application for the work has been made to the Minnesota Department of Natural Resources. Please place this on the next City Council agenda for action on the part of the Council. If you should have any questions, please feel free to contact me. Sincerely, MEYE-ROHLIN, INC. Norman Gartner Professional Engineer cc: E-9201-D Thore P. Meyer, Professional Engineer Robert Rohlin, Licensed Land Surveyor LOCAL--STATE--FEDERAL PROTECT NOTIFICATION FORM You may use this form to notify the Minnesota Deparvnent of Natural Resources, the Ann y Corps of Engineers, and your county and municipal ofj-,es of a project or work you propose which may fall within their jurisdiction. These agencies should advise you of their jurisdiction, of any, within 45 days of receipt of this notification. This form is provided as a convenience and its use is optional You m-v, if you wish, apply for permits or authorizationss using standard agency fon n s. Fill out this form completely and mail a copy, with s, maps, etc to each of the agencies listed on the reverse of the form Keep a copy of all materials submitted for your records. You mast obtain all required authorizations before belinnnning work. Ynolations of Iota{ State, or Federal laws may be ZLriuhable by administrative, civil and/or criminal penalties. I. Applicant's Name (First, Last, M.I.) / Authorized Agent, if any / Area Code, Telephone City of Albertville / Meyer-Rohlin, Inc. / (612) 682-1781 Address (Street, RFD, Box Number, City, State, Zip Code) 1111 Highway 25 North, Buffalo, MN 55313 11. LOCATION OF PROPOSED PROJECT (ATTACH DRAWING SHOWING HOW TO GET TO SITE) Government lot(s) Quarter Section(s) Section(s) No. Township(s) No. Range(s) No. Lot, Block, Subdivision ,1 '- 121N 24W Fire No., Box No., or Project Address County Work will affect x lake wetland waterway ag production Wright Waterbody Name, No. (if known) Mud Lake 26P III. ESTIM4TED PROiIECT COST. $ 7 0 0 0 Lake LENGTH OF 8&0&E AFFECTED (in feet): 2 0 0 ' + IIV. Volume of fill or excavation (cubic yds.): only Area filled or excavated is 0 acres, or 0 square feel (NOTE: You may substitute dimensions) V.• TYPE OF WORK AND AREA (Check all that apply): FLLL EXCAVATE REPAIR CONSTRUCT REMOVE DRAIN DAM SHORELINE WETLAND WATERWAY DOCK CULVERT BRIDGE LAKE ACCESS PATH RIPRAP SAND BLANKET UITLER (dacnibe): rep l a c e existing s an i t a rt sewer WETLAND TYPE(S) AND ACREAGE(S) PROPOSED TO BE FH.t.Fn/DRALNED- Attach drawings and plans. Include a description: of any proposed compvuat xy nutigauor. Intportatt Identify any dcrposal and borrow areas: Describe the work below; how it would be done, what equipment would be used. The Contractor would remove the existing 8" clay pipe and subcut 2' for crushed rock bedding. A new 18" PVC pipe would be installed. The trench backfilled with a dozer and compacted. The surface would be seeded & mulched. Intent of project is to replace the existing pipe in the same location and restore disturbed VI. PROJECT PURPOSE ( why is this project needed --what benefits will it provide?): areas with a grass seed. No The existing sewer line Lnitiqation therefore re ire is undersized hydraulically and cannot handle Vlt. AL 11;XNA"VES (describe any other sites ar that calld be used to achieve the purpose of your project or minimizing wetland/water impacts: Attach additional sheets, if needed). none 1/111. DATES-- Activity proposed to begin on: November 5, 1992 Be completed: Has any of the work been done? NO x YES (identify any completed work on drawutg) ember 1 , 1993 IX. ADJOINING PROPERTY OWNERS (Attach list if more than two). Name Address Ciry State Zip 1. Margaret Heinen, 6022 Large Ave. NE Albertville MN 55301 X. PERMITS have been received (enter an R) or already applied for (enter an A) front: _A_DNR __ARMy CORPS COUNTY A TOWN/CITY WATERSHED DISTRICT A MN. POLLUTION CONTROL AGENCY. Has an archaeological survey of the project site been done? no If so, by whom: XI. 1 hereby notify the recipients of this form of the project proposed herein and request that I be advised of any permits or other deternunations concerning this project that I must obtain. I understand that proceeding with work before all required authorizations obtained may subject me to Federal; State, and/or local adminnLmadve, civil and/or criminal penalties: Signature of Person Proposing Project or Agent DATE: < < < PLEASE CAREFULLY READ AND COMPLETE BACK OF FORM> > > INSTRUCTIONS —PLEASE READ CAREFULLY A copy of this form, with copies of all plans, drawings, etc., should be sent to each agency indicated below. Please check the appropriate spaces below to show everywhere you are sending this form. Remember to keep a copy for yourself. DO NOT SEND ANY PERMIT PROCESSING FEES WITH THIS FORM. X MUNICIPAL GOVERNMENT (CITY OR TOWN) OR COUNTY ZONING OFFICE. SEND TO COUNTY IF YOUR PROJECT SITE IS NOT IN A MUNICIPAL AREA. PLEASE LIST THE MUNICIPALITY OR COUNTY TO WHICH YOU ARE SENDING T'rTE FORM: City of Albertville WATERSHED DISTRICT OFFICE (IF ONE EXISTS FOR YOUR PROJECT AREA). PLEASE LIST DISTRICT OFFICE NAME: X MINNESOTA DEPT. OF NATURAL RESOURCES REGIONAL OFFICE. YOUR LOCAL SOIL AND WATER CONSERVATION DISTRICT. X U.S. ARMY CORPS OF ENGINEERS. SEND TO: x Minnesota Pollution Control Agency Department of the Andy, Corps of Engineers, St Paul District, ATTN: CO-R, 180 Kellogg Blvd. E. Room 1421, St Paul, MN 55101-1479 Note: The above agencies may provide a copy of your completed form to the Minnesota Pollution Control Agency (MPCA). MPCA water quality rules may apply to your proposal. ATTENTION! FROM USDA: Any activity including drainage, dredging, filling, leveling or other manipulations, including maintenance, may affect a landuser's eligibility for USDA benefits under the 1985 Food Security Act as amended. Check with your local USDA office to request and complete Form AD-1026 prior to initiating activity. IMPORTANT: Some of the above offices may allow this form to be used as a permit application form. The Corps of Engineers will accept this form as an application form. If you wish this form to constitute an application to the Corps of Engineers for any necessary permits for your project under Section 10 of the Rivers and Harbors Act of 1899, and/or under Section 404 of the Clean Water Act, please carefully read the following information and sign where indicated below. Application is hereby made for a permit or permits to authorize the activities described herein. I certify that I am familiar with the information contained in this application, and that to the best of my knowledge and belief such information is true, complete, and accurate. I further certify that I possess the authority to undertake the proposed activities or I am acting as the duly authorized agent of the applicant. Signature of Applicant Date Stgnature of Agent���_ -Date NOTE: The application must be signed by the person who desires to undertake the proposed activity (applicant) or it may be signed by a duly authorized agent if the information requested below is provided. Agent's Name: Norman Gartner Agent's Title: Professional Engineer Address: Meyer —Rohl in , Inc. 1111 Hi hwa 25 North Buffalo MN 55313 Telephone: ( 612)_ 682-1 781 18 U.S.C. Section 1001 provides that: Whoever, in any manner within the jurisdiction of any department or agency of The United States knowingly and willfully falsifies, conceals, or covers up by any trick, scheme, or device a material fact or makes any false, fictitious or fraudulent statements or representations or makes or uses any false writing or document knowing same to contain any false fictitious, of fraudulent statement or entry, shall be fined not more than $10,000 or imprisoned not more than five years, or both. DO NOT SEND ANY PERMIT PROCESSING FEES WITH THIS FORM ® rMniwi Cc1ClC0 >[o On 1VC/ (Project #) Form Provided By BWSR (6/92) WETLAND CONSERVATION ACT 1991 CERTIFICATE OF E;ffi- ON OR COMPLL4NCE* LGU ADDRESS AND PHONE NUMBER CitV of Albertville , Pn Rnx i ii Alberty; 1 1 P IvM C sC=l (Name, address, and phone of applicant) 1992-11B Improvement Project (Existing Sewer S3,-tem Tmprovements) (Descipdon of project/Name of development) T121N, R24W, Sec. 36, SW' SEA' City of Albertville_, Wright C'niirty (Location of work: Township, Range, Section, Qtr. Section, Lor, Block, Subdivision, City, County) The wetland activity at the above site is exempted from the Wetland Conservation Act (WCA) for the following reason: [Please Circle (3), (B), OR (C) (D)] This exemption certification expires not app 1 i c ab 1 e (D-t) (A) Exemption # 11 (from M.S. 103G.2241) Description of Exemption & DNR Protected Public Waters 1) Replacement and enhancement of utilities is exempt under Article 6, Section 10, M.S. 103G.2241. 2) By definition, the Wetland Con- servation Act of 1991 does not cover DNR-protected public waters. Article 6, Section 10. (B) A Wetland Does Not Exist; OR (C) Wetland Loss Has Been Avoided (D) Wetland Has Been Replaced As Per Approved Plan (attached) (L.GU Official Signature) (Bated) •• The information provided for this exemption determination is truthful and accurate to the best of my knowledge. /&��� /41-1114, -92 (Applicant Signature) (Bated) • THIS CERTIFICATION ONLY APPLIES TO THE WCA OF 1991 Permits from local, state, and federal agencies may be required. Check with the appropriate authorioe before commencing work in or near wetlands. The Combined Joint Notification (CJN) form can be used for this purpose. RESOLUTION NO. 1992- CITY OF ALBERTVILLE COUNTY OF WRIGHT STATE OF MINNESOTA RESOLUTION APPROVING EXEMPTION FROM THE WETLAND CONSERVATION ACT OF 1991 FOR THE 1992-11B IMPROVEMENT PROJECT (EXISTING SEWER SYSTEM IMPROVEMENTS) ALBERTVILLE, MINNESOTA WHEREAS, the City of Albertville proposes to remove an existing 8-inch RCP sanitary sewer pipe and replace it in the same location with an 18-inch PVC sanitary sewer pipe; and WHEREAS, the existing sanitary sewer pipe lies within the boundary of Mud Lake (Minnesota Department of Natural Resources' public water 26P); and WHEREAS, the Wetland Conservation Act of 1991 does not include public waters wetlands (reference: Article 6, Section 10); and WHEREAS, replacement and enhancement of utilities is exempt from the wetland Conservation Act of 1991 under Article 6, Section 10, M.S. 103G.2241, exemption #11. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ALBERTVILLE, WRIGHT COUNTY, MINNESOTA. 1. That the 1992-11B Improvement Project (Existing Sewer System Improvements) is exempt from the Wetland Conservation Act of 1991. 2. That the Mayor and Clerk are authorized to execute the Findings of Fact approving the exemption. Passed this 2nd day of November, 1992. James A. Walsh, Mayor Linda Houghton, Clerk FINDINGS OF FACT APPROVING THE EXEMPTION FROM THE WETLAND CONSERVATION ACT of 1991 FOR THE 1992-IIB IMPROVEMENT PROJECT (EXISTING SEWER SYSTEM IMPROVEMENTS) ALBERTVILLE, MINNESOTA 1. That the City of Albertville has caused Plans and Specifica- tions entitled "1992-11B Improvement Project (Existing Sewer System Improvements), Albertville, Minnesota" to be prepared. 2. That said Plans call for the replacement of an existing 8-inch RCP sanitary sewer pipe with an 18-inch PVC sanitary sewer pipe. (MH1 to MH2 on Sheet 2 of the Plans). 3. That this sanitary sewer pipe lies within the boundary of Mud Lake (Department of Natural Resources Public Waters 26P) 4. That the City's Engineer has submitted permit applications to the Minnesota Department of Natural Resources, Minnesota Pollution Control Agency and U.S. Army Corps of Engineers for work within the boundary of Mud Lake. 5. That the Wetland Conservation Act of 1991 does not cover work in public waters. (Reference: Article 6, Section 10). See attachment 1. 6. That the replacement and enhancement of utilities (sanitary sewer) are exempt under Article 6, Section 10, M.S.103G.2241. See attachment 2. 7. That the project is exempt from the Wetland Conservation Act of 1991, based upon numbers 6 and 7 above. Approved per City Council Resolution 1992 - James A. Walsh, Mayor Linda Houghton, Clerk ATTACHMENT 1 [Local Governmental Unit] "Local Governmental Unit (LGU)" means a local unit of government such as city, county, town, or watershed district that has permitting authority. During the interim period, LGU also means a Soil and.Water Conservation District. [Public Waters Wetlands] "Public waters wetlands" means all types 3, 4, and 5 wetlands, as defined in United States Fish and Wildlife Service Circular No. 39 (1971 edition), that were inventoried by DNR as public waters. [Soil and Water Conservation District] "Soil and Water Conservation District (SWCD)" means a legal subdivision of state government under section 103C. [Soil Conservation Service] "Soil Conservation Service (SCS)" means an agency of the U.S. Department of Agriculture. [Swampbuster] "Swampbuster" is the name associated with wetland protection provisions of the USDA farm program. [Wetlands] (a) "Wetlands" means lands transitional between terrestrial and aquatic systems where the water table is usually at or near the surface or the land is covered by shallow water. For purposes of this definition, wetlands must have the following three attributes: (1) have a predominance of hydric soils; (2) are inundated or saturated by surface or ground water at a frequency and duration sufficient to support a prevalence of hydrophytic vegetation typically adapted for life in saturated soil conditions; and (3) under normal circumstances support a prevalence of such vegetation.__ _ _ _ _ (b) Wetlands does not include public waters wetlands. (Reference: Article 6, sec. 10) [WetlandT d*&I'-Ac)TiculturaT Lan&j "Wetlands on Agricultural Land" means a wetland where greater than 50 percent of its basin is located on agricultural land. 30 7) Activities in a type 1 wetland agricultural land, as defined in United States Fish and Wildlife Circular No. 39 (1971 edition) except for bottomland hardwood type 1 wetlands." "(8) Activities in a type 2 wetland that is two acres in size or less located on agricultural land." 11(9) Activities in a wetland restored for conservation purposes under a contract or easement providing the landowner with the right to drain the restored wetland." 11(10) Activities in a wetland --sated solely as a result of: (i) beaver dam construction; (ii) blockage of culverts through roadways maintained by a public or private entity; (iii) actions by public entities that were taken for a purpose other than creating the wetland; or (iv) any combination of (i) to —� (iii),." ,"(il) Placement, maintenance, repair, enhancement, or replacement of utility or utility -type service, `including the transmission, distribution, or furnishing, at wholesale or retail, of natural or manufactured gas, electricity, `telephone, or radio service or r,ommunications if: (i) the impacts of the proposed project on the hydrologic and biological characteristics of the wetland have been avoided and minimized to the extent possible; and_ e 'Srd`posed project significantly modifies or ATTACHMENT 2 The LGU is ultimately responsible for determining the presence, type and extent of a wetland. The primary responsibility for providing sufficient background information including the presence, type, and extent of a wetland rests with the landowner proposing an activity that will drain, burn or fill a wetland. See comment for (7) above. The landowner must document the existence of drainage rights. Landowners should be aware that "swampbuster' regulations may apply to wetlands resulting from the activities listed in exemption (10) . As an example, if a wetland results from ponding to hydric soils, the area may be designated a wetland. SCS personnel should be consulted. Part (ii) was intended to apply to the cumulative impact on all wetlands along the corridor of a new utility project, not existing utilities. Utility projects that involve many LGUs may require coordinated discussions prior to the onset of activities. 12 Northdale Constrit,.ict.1".0-ri(C..'a Inc. 14450 Northdale Boulevard, Rogers, MN 55374 (612) 428-4868 FAX (612) 428-4997 November 2, 1992 Honorable Mayor & City Council Members City of Albertville 5964 Main Avenue NE Hand Delivered Albertville, MN 55303 Re: Improvement Project 992-3'" Psyk's Fifth Addition Honorable Mayor & City Council Members: We understand that you have some problems with Minnesota P.C.A. permits. We therefore, request the following options on the aforementioned project: 1. Delete the pond excavation and extend the award date to April 1, 1993. 2. Delete approxiamtely ten services and the associated work and award that portion of work "now". Thank you for your consideration in this matter. If you have any questions, please do not hesitate to give me a call. Please advise us of your response as soon as possible. Yours truly, NORTHDALE-ZON�MCTIQN COMPANY, INC. Thomas Scat y TJS:sg cc: Thor Meyer - Meyer Rohlin Inc. Equal Opportunity Employer Nole Bastardo Carborundurn CITY OF ALBERTVILLE FINANCIAL STATEMENT October 15 - October 28, 1992 Beginning Cash Balance October 15, 1992 INCOME (Oct. 15 - Oct. 28) Building Permits 1,911.52 City Hall Rent 100.00 Liquor Licenses 3,200.00 Park Donations 16,597.22 Recycling Incentive 887.50 Sewer Penalties 39.95 Sewer Receipts 9,082.37 Special Assessments 9,372.91 Storm Water Receipts 2,263.55 Title Search 10.00 Miscellaneous 1.38 TOTAL INCOME EXPENSES (Oct. 15 - Oct. 28) Check Vs 6832 - 6866 37,234.12 (Approved 10/19/92) PAYROLL 10/7 - 10/20 Check # 6867 - Ann 492.17 Check # 6868 - Linda 818.59 Check # 6869 - Ken 747.70 Check # 6870 - PERA 664.33 Check # 6871 - Mike 578.59 Check # 6872 - Fed. 1,848.28 TOTAL EXPENSES Ending Cash Balance October 28, 1992 INVESTMENTS: CD #8579 - matures 12/29/92 @ 4.5% CD #8817 - matures 1/8/93 @ 3.25% CD #8815 - matures 1/8/93 @ 3.25% CD #8816 - matures 1/9/93 @ 3.25% CD #8823 - matures 1/18/93 @ 3.25% CD #8222 (Lions) - matures 1/18/93 @ 2.82% CD #8807 - matures 3/3/93 @ 3.5% 43,466.40 42,383.78 $159,781.74 $160,864.36 $153,739.73 328,465.25 549,005.28 556,369.91 556,369.91 30,598.38 350.000.00 TOTAL INVESTMENTS $2,524,548.46 CITY OF ALBERTVILLE BILLS TO BE PAID November 2, 1992 Check No. �_. Vendor Reason -- -- Amount 6873 Barthel Masonry Park Shelter 15,129.00 6874 Barthel, Mark Oct. Council 113.91 6875 Berning, Duane Oct. Council 106.20 6876 Central Rivers St. Supplies 10.40 6877 Evergreen Recycling Oct. Recycling 467.50 6878 Feed -Rite Sewer-Supl 223.71 Testing 64.37 287.08 6879 Forest City Landfill Park -appliance disp. 30.00 6880 FundBalance Silver Srvc. Renewal 320.00 -- 6881 Hackenmueller`s Sewer -fuel 134.68 Sts-gas 14.37 Park -gas 14.37 Sewer -gas 14.37 C.H. Supplies _39.68 217.46 6882 Holmes & Graven Legal - TIF 2,737.50 6883 Houghton, Linda Mileage 22.00 6884 •J.V. Industries Ford Trk-Paint 1,940.00 6885 L.M.C.I.T. Worker's Comp Ins 6,638.00 6886 Lindenfelser Landfill Park Shelter Debris 66.00 6887 MacQueen Equip. Hydraulic Valy-Ford 542.09 6888 MedCenters Health Group Ins. 990.40 6889 N.S.P. Street Lights 2,203.28 6890 Omann Brothers Blacktop materials 99.84 6891 Otsego, City of 1 hr. grading 75.00 6892 P.E.R.A. Vetsch-DCP 9.50 6893 Pitney Bowes Meter rental 38.00 6894 Potter, Michael 6895 Radzwill Law Office 6896 Southam Business Comm. 6897 Sunshine Lawn Service 6898 United Telephone 6899 Vetsch, Donatus 6900 Walsh, James 6901 Wright County Hwy Dept 6902 Wright County Sheriff Oct. Council 106. 20 Oct. Charges 7,627.95 Advts. Bids 92-11B 216.24 park-startup/repair 75.00 Oct. service 223.41 Oct. Council 82.98 Oct. Council 198.55 Sts-salt/sand 438.07 Sept. services 2,372.50 TOTAL 43,384.06 ELECTION JUDGES GENERAL ELECTION November 3, 1992 Rita Swansen Jean Rieser Kathy Hansen Delores Chounard Monica Heuring Janet Berning Karen Vetsch Denise Beaudry kMUAL GAZZMENT TO-TERMINAIZI10WER LEASE THIS AGREEMINT is made this day of , 1992, between the Hanover, Frank or , St. Michael & Albertville Water & Sanitary Sewer Board, a Minnesota municipal joint powers entity, (hereinafter "Joint Board") and the City of Albertville, a Minnesota municipal corporation (hereinafter "City"). WHEREAS, in 1978, the Joint Board entered into an agreement, a copy of which is attached hereto as Ethbit A City, forrainafter periocS referred to as the "Lease"), to lease frome of ninety nine (99) years, certain property, described on attached exhibit A, (hereinafter referred to as the "Property") , the purpose of which was to use a municipal water tower located on the Property; and, WHEREAS, the Joint Board is contemplating construction of a new water tower in the City of St. Michael (hereinafter referred to as "New Tower") which, upon completion, will make the tower currently located on the Property obsolete and superfluous; and, WHEREAS, recognizing the benefit to both parties to be derived from termination of the Lease, the Joint Board and the City Council have approved the termination of the Lease. NOW, THEREFORE, for good and valuable consideration, the receipt of which the parties hereby acknowledge, it is agreed as follows: 1. The Lease shall terminate thirty (30) days following completion of the New Tower, as determined by the Joint Board, and the Joint Board shall relinquish all claims, and shall return to the City, the Property, together with all rights and privileges attendant thereto. 2. Upon execution of this Agreement, the City shall have thirty (30) days in which to request that the Joint Board make arrangements for the removal of the water tower, and any other fixtures or equipment used by the Joint Board, at Joint Board expense, from the Property in a timely and reasonable manner. 3. Entire Agreement. This Agreement contains the entire understanding of the parties. It may not be changed orally but only by an agreement in writing signed by the party against whom enforcement of any waiver, change, modification, extension, or discharge is sought. .\Wp0ATAVT-r0wZA\Ab-L ua 4 IN WITNESS WHEREOF, the partisa have executed this Agreement on the day and year first above written. CITY OF ALBERTVILLE HANOVER, FRANKFORT, ST. MICHAEL i ALBERTVILLE JOINT POWERS BOARD BY: 1-Tat MAYOR BY: 1,Tgj ADxXNISTRATOR Data: Data: Dated: BY: Cha rman APPROVED BY: CITY OF HANOVER By: Mayor Clark TOWNSHIP OF FRANKFORT By: Chairman Clark CITY OF ST. MICHAEL By: Mayor Clerk CITY OF ALBERTVILLE By: Mayor Dated: Clerk PLANNING & ZONING COMMISSION OCTOBER 27, 1992 ALBERTVILLE CITY HALL 7:00 PM COMMISSION MEMBERS PRESENT: Tom Haller, LeRoy Berning, Howard Larson, Roger Johnson, Donatus Vetsch, and Secretary Ann Culley. Chairman Haller called the meeting to order at 7:12 PM. Vetsch made a motion to amend the agenda to include discussion regarding a rezoning request from Don Hall. Haller seconded the motion. All voted aye. Berning made a motion to approve the amended agenda. Haller seconded the motion. All voted aye. Vetsch excused himself from the meeting in order to attend a special meeting of the City Council. A motion was made by Berning to approve the minutes of the October 13, 1992, meeting as submitted. Larson seconded the motion. All voted aye. Dennis Eull is proposing to purchase the Albertville Car Wash from Ed Breun and was present to discuss the subdivision request. Ed Breun was unable to attend. Eull explained that he wishes to do detail vehicle cleaning on the east side of the building Monday through Friday only and that it would be used as a coin operated car wash on the week -ends. He further stated that the west side of the building would be used as a coin operated car wash Monday through Sunday. Roger Johnson suggested that an easement would be needed along the westerly wall of the car wash building in order for Eull to access the building for maintenance and repair purposes. Johnson further noted, for the record, that there is a slight encroachment of cement as shown on the current survey. The Planning Commission felt this would not be a problem, but agreed that the repair/maintenance easement would be necessary. They also suggested that the easement include the area where the vacuum station is currently located so that Eull's customers would still have access to it. Per Licht's suggestion Thore Meyer was contacted and Meyer felt there would be no need for utility and/or drainage easements since these are existing properties and there has never been a problem. PLANNING COMMISSION - 10/27/92 Page 2 Larson questioned the proposed parking situation. Eull stressed that no long term parking would be needed. He further explained that detail cleaning is a same day service. He also mentioned that he had talked with Loren Becker and Becker has given him permission to park any excess vehicles on the lot across from the Albertville Auto Body building. Eull feels that he will have no problem parking 3 cars in the detail cleaning side of the car wash at the same time. The Planning Commission also felt that, there was no reason that Eull could not use the street for some parking also. The Commission addressed the issue of the location and necessity of a trash enclosure. Eull stated that he preferred to have large, residential types of trash receptacles inside each car wash area and felt there was no need for a large outdoor trash enclosure. The Commission felt that Eull should clarify Breun's intended use of the trash enclosure with Breun. Eull stated that the fence on the southeast corner of the property will remain in tact. Both Eull and the Commission felt the fence was necessary to aid in direction of traffic flow. Ann was directed to check the ordinance regarding the amount of park dedication fees on commercial properties and to contact Breun regarding this matter prior to the public hearing. The Commission also feels it is necessary for Breun to attend the public hearing. Haller made a motion to schedule a public hearing for Tuesday, November 24, 1992, at 7:00 PM. Johnson seconded the motion. All voted aye. The Commission feels that, the current, ordinance should specifically mention fire hydrants and what is not permitted to be placed around them. They feel that no trees, shrubs, or plantings except grass should be allowed. The also feel there should be no elevation changes allowed. No landscape timbers or rocks in excess of 2" in diameter should be allowed. The Commission suggests that nothing be placed within 10' of any fire hydrant and directed Ann to contact the Fire Department for their input. The Commission also feels that it should state ghat the City will assume no liability for any damage done to anything placed within the specified area. Ann is to contact Licht and consult with him with regard to the sine of area which should be specified and also to ask him to draft an amendment to the ordinance and to offer his suggestion as to what section of the ordinance it should be included in. PLANNING COMMISSION - 10/27/92 Page 3 The entire Planning Commission wants it specifically noted in the minutes that they are in total disagreement with Couri"s interpretation of the minimum house size to be allowed in the Westwind P.U.D. The Commission feels that although a mistake may have been made in issuing the first permit, on June 17, 1988, that error should not be allowed to continue. The Commission further feels that since there are no formal P.U.D. documents, the developer should be required to comply with current ordinance requirements. The Planning Commission referred to the minutes of the January 19, 1988, City Council minutes, page 4, last paragraph in which it states "Another point made was that the developers want a high quality development and are looking for development, to take place in the area of $75,000 to $89,000." The Planning Commission feels that a house in the price range mentioned in the minutes could not possibly refer to a smaller sized house in 1988. They feel that, a smaller sized home in 1988 would have cost considerably less. The Planning Commission feels strongly that this should not be allowed to happen again in the future. Johnson made a motion to recommend that the City Council approve revision of the development district to include 50th Street on the southerly border, to 51st Street on the north, and Main Avenue to the easterly city limit. Berning seconded the motion. All voted aye. The Planning Commission briefly discussed the need for an adult use ordinance and the steps necessary in placing such an ordinance in effect. They were given the necessary information and continued further discussion of the proposed ordinance until the November 24, 1992, meeting. Scheduling of a public hearing will be postponed until such time as the Commission has reviewed all information and concluded their findings of fact. The Commission tabled any discussion on the proposed rezoning request by Don Hall until such time as a complete package has been received and reviewed by the Zoning Administrator and David Licht. The Commission requests that the 'information also include the proposed use of this property, why the applicant is requesting rezoning as opposed to buying property in an area which is currently zoned Industrial, and on what grounds the applicant feels this request should be granted. The Commission also wants the applicant to submit his proposal regarding cleaning of his equipment and disposal of any sludge resulting from this. PLANNING COMMISSION - 10/27/92 Page 4 Berning questioned what further steps have been taken regarding Bea Roden's need to obtain a conditional use permit and have requested Linda Houghton provide them with an update. Haller made a motion to adjourn at 9:10 PM. The motion was seconded by Larson. All voted aye. Ann Culley, Secretary