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1993-09-20 CC Agenda/Packet• • ALBERTVILLE CITY COUNCIL AGENDA September 20, 1993 I. CALL MEETING TO ORDER II. APPROVAL OF THE AGENDA III. APPROVAL OF CONSENT AGENDA ITEMS * Attached List IV. FOLLOW-UP SHEET * September 7, 1993 V. APPROVAL OF THE MINUTES * September 7, 1993 - Regular Meeting * September 7, 1993 - Public Hearing - #1993-12 * September 7, 1993 - Public Hearing - #1993-13 VI. COMMUNITY FORUM Bob Braun - Building permits for Hardwood Ponds 2nd KENCO - Building permits for Parkside VII. DEPARTMENT BUSINESS A. PLANNING & ZONING Recommendation to approve preliminary plat for Parkside 2nd per minutes of Sept. 14 meeting. * Recommendation to approve Ordinance #1993-10, AN ORDINANCE AMENDING SECTION 1200.4 OF THE ALBERTVILLE ZONING REGULATIONS (1988-12) RE- LATING TO OFF-STREET PARKING REQUIREMENTS IN CASES OF BUILDING EXPANSION AND SPECIAL DRAINAGE NEEDS, per minutes of Sept. 14 meeting. * Recommendation to approve Ordinance #1993-11, AN ORDINANCE AMENDING SECTION 1000.16 OF THE ALBERTVILLE ZONING ORDINANCE (1988-12) REGARDING OUTDOOR STORAGE AREAS ASSOCIATED WITH NON- RESIDENTIAL PROPERTIES, per minutes of Sept. 14 meeting B. ENGINEERING - Feasibility Study - North of freeway - Temporary Occupancy Permit - Burlington Northern Railroad - Cost $250 Proposals: Widmer, Inc. - $5,404.00 Fehn Gravel - $3,800.00 - I-94 Casing under I-94 - Project updates • • • 8:30 PM C. LEGAL - Closed Meeting re: Westwind Commercial Assessment Appeal - Project Updates D. ADMINISTRATION * Financial Statement (September 2 - September 15) Approve bills (Check #7811 - #7834) * Approve 3.2 License for Linoness October 22, 1993, 5PM to 12:00 Midnight * Approve Mayor Potter's attendance at MN Mayor's Association on October 15th and 16th * Change Orders #1-#6, 1993-11B Project (See attached notes * Zimmer Brothers request to lease WNT land for 1994 Close old park and ride Schedule fire building committee meeting Schedule Assessment Hearing - 50th Street Schedule meeting re: Park maintenance Complaint from Richard Bistodeau WWTF meter readings - daily readings required Discuss lighting at new park and ride - Property Tax Seminar for Councilmembers - October 19 in St. Cloud VIII. OTHER BUSINESS IX. ADJOURN UPCOMING MEETINGS/IMPORTANT DATES Oct. 4, 1993 City Council - Regular Meeting Oct. 12, 1993 Planning Commission - Regular Meeting Oct. 13, 1993 Council and Park Board - Joint Meeting - 7 PM Oct. 21, 1993 Park Board - Regular Meeting Oct. 18, 1993 City Council - Regular Meeting ALBERTVILLE CITY COUNCIL September 20, 1993 Albertville City Hall 7:30 PM PRESENT: Mayor. Mike Potter, Councilmembers John Vetsch, Duane Berning, Sharon Anderson, and Albert Barthel, City Clerk Linda Houghton, City Engineers Thore Meyer and Norm Gartner, City Attorney Mike Couri Mayor Potter called the regular meeting of the Albertville City Council to order. The agenda was amended under Engineering to include a discussion of the Application for Driveway Access for the Parkside Addition. Councilmember Berning requested that Change Orders #1-6, 1992- 11B and the Close Old Park & Ride items be removed from the Consent Agenda. Berning made a motion to approve the agenda as amended. Barthel seconded the motion. All voted aye. Barthel made a motion to approve the Follow -Up Sheet from the September 7, 1993, meeting as presented. Anderson seconded the motion. All voted aye. Barthel made a motion to approve the minutes of the September 7, 1993, regular meeting as presented. Anderson seconded the motion. All voted aye. Barthel made a motion to approve the minutes of the September 7, 1993, public hearing on Ordinance #199-12 as presented. Anderson seconded the motion. All voted aye. Barthel made a motion to approve the minutes of the September 7, 1993, public hearing on Ordinance #199-13 as presented. Anderson seconded the motion. All voted aye. Bob Braun requested that building permits in the Hardwood Ponds Second Addition be issued before the bituminous surface is installed. Thore explained that the contractor for the project is requested to complete the first lift of blacktop before winter; however, if weather conditions are not optimal, the first lift of blacktop may not be completed before June of next year. The City's policy has been to allow building permits to be issued after the curb, gutter and gravel base are in place. Don Anderson, representing Kenco's Parkside Addition, also appealed to the Council to issue building permits before curb and gutter are in place. He explained that the Westwind 2nd Addition is completely filled and Kenco would like to begin construction of ALBERTVILLE CITY COUNCIL September 20, 1993 Page 2 of 7 model homes on the lots adjoining Westwind 2nd Addition. Vetsch made a motion to allow building permits to be issued in new developments after curb, gutter and gravel base are in place. Anderson seconded the motion. All voted aye. Henry Becker addressed the Council concerning the blocked culvert under 50th Street by his property. The water is now traveling over his driveway toward the area where his septic system is located. The catch basin shown on the original plan was not installed and he questioned why that had been deleted. Thore explained that the natural drainage of the water is to the northeast and the catch basin was deleted because property owners on the south side of 50th Street did not want additional water going into the pond behind their properties. The plan was revised to place a catch basin on the north side of the street on Ron Becker's property. Becker stated that had he known that the catch basin would not be installed on his property, he would not have signed the easement. Thore reiterated the natural drainage way has not been changed and the water now goes in the same direction as it has always traveled. Additionally, the drainage area is still exactly the same as it was before the street was improved. Henry Becker requested that the culvert under 50th Street be reopened immediately and the Council decide which option to pursue on Ron Becker's property. Thore presented another proposal to eliminate the drainage problem on the Ron Becker property. This proposal provides for 15" storm sewer pipe to be installed on the south border of the property that drains into a 6' wide X 1' deep grassy swale along the east border of Becker's property and drains onto 51st Street. Ron Becker has told Thore that the dirt removed in creating the Swale could be put into the washout on his field. To pursue this option, a fence will have to be moved that is now located on several of the back lots in Barthel Manor Second Addition. Three trees would have to be removed and an easement must be granted by Ron Becker. The Council expressed concern over the water from the drainage Swale emptying onto 51st Street. Thore will revise this proposal to include a catch basin at the end of the swale and storm sewer piping along Lots 1 and 2, Block 1, Barthel Manor Second Addition to the catch basin now located at the intersection of 51st Street and Lansing Avenue. .-� Subject to Ron Becker granting a permanent five foot easement along the east side of his property and an additional 10 temporary construction easement, Anderson made a motion to open the 15" culvert under 50th Street NE, install a 15" storm sewer from the ALBERTVILLE CITY COUNCIL September 20, 1993 Page 3 of 7 west corner- of the Ron Becker property to the eastern property line, construct a 6' X 1' grassy Swale to the northern edge of the property, install a catch basin there with storm sewer pipe extending from that point to the existing catch basin on the intersection of 51st. Street and Lansing Avenue. Total cost of the improvement will not exceed the $13,000" deduct amount from thQ change from the original plane. Vetsch seconded the motion. All voted aye. Barthel made a motion to adjourn to a closed session at 8:45 PM to discuss the Westwind Commercial assessment appeal. Anderson seconded the motion. All voted aye. Mayor Potter reconvened the regular meeting of the City Council at 8:53 PM. Attorney Couri explained that he has received copies of the proposed letters of credit for the Parkside Addition. Because this is a developer -financed project, these letters of credit are not the typical format. The letter of credit covering the costs of improvements is reduced correspondently with payments to the contractor as the project is completed. The second letter of credit in the amount of $29,400 insures compliance with the on and off site improvements, as well as any other items in the Developer's Agreement and is not reduced until the Council acts upon it. Couri recommended accepting the letters of credit as proposed. Barthel made a motion to accept the two letters of credit for the Parkside Addition as proposed. Mayor Potter and the clerk will review the documents prior to signing the Developer's Agreement. Vetsch seconded the motion. All voted aye. Couri reported that he will present the contract for the purchase of the old clinic building at the next meeting. The CounciI rev ewed the preliminary plat for the Parkside 2nd Addition. The Planning & Zoning Commission has recommended approval of the plat with conditions detailed in the minutes of the September 14, 1993, meeting. The Council also reviewed the PUD specifications as approved at the August 5, 1991, meeting. This agreement does not set the standards for front lot widths; however, it allows a 25' front yard setback. City Ordinance requires a 90' front lot line on all residential lots. There are also some lots that do not meet the ordinance in square footage. Couri explained that the Council could require that a homeowners association is required, but he recommends restrictive covenants be required instead because the City has authority to enforce all deviations from the covenant standards. ALBERTVILLE CITY COUNCIL September 20, 1993 Page 4 of 7 Anderson made a motion that Mayor Potter and one member of the Planning Commission meet with Kent Roessler to discuss the concerns the Council has regarding the preliminary plat of Parkside 2nd Addition. These concerns are lot sizes, lot widths, front setbacks and garage sizing. Barthel seconded the motion. All voted aye. Barthel made a motion to adopt ORDINANCE 1993-10 entitled AN ORDINANCE AMENDING SECTION 1200.4 OF THE ALBERTVILLE ZONING REGULATIONS (1988-12) RELATING TO OFF-STREET PARKING REQUIREMENTS IN CASES OF BUILDING EXPANSION AND SPECIAL DRAINAGE NEEDS as recommended by the Planning Commission at the September 14, 1993, meeting. Anderson seconded the motion. All voted aye. Barthel made a motion to adopt ORDINANCE 1993-11 entitled AN ORDINANCE AMENDING SECTION 1000.6 OF THE ALBERTVILLE ZONING REGULATIONS (1988-12) REGARDING OUTSIDE STORAGE AREAS ASSOCIATED WITH NON-RESIDENTIAL PROPERTIES as recommended by the Planning Commission at the September 14, 1993, meeting. Anderson seconded the motion. All voted aye. City Engineer Thore Meyer reviewed the Feasibility Study dated ^ September 10, 1993, for the I-94 watermain crossing and the extension of sanitary sewer north of the freeway. Thore explained that the watermain casing was opened at each end and elevation and alignment shots were taken at intervals of every 6'-8' through the 260 feet casing length.. He showed the Council an oversized drawing of the casing which appears to indicate that a 10" ductile or PVC watermain may be possible, however questionable. An 8" ductile or PVC pipe would probably be the maximum size that could be easily installed. Thore added that the AWWA and the Minnesota Health Department have recently approved the use of a polyethylene water pipe. This pipe is fusion jointed and is relatively flexible. Thore believes that a 14" polyethylene watermain could be threaded through the existing casing. However, the Joint Powers Board has not approved the use of polyethylene watermains at this point. Polyethylene piping is somewhat more expensive that PVC. Mayor Potter will discuss approval of polyethylene pipe at the next Joint POwers Board meeting. Linda was directed to contact Philip Morris and other property owners north of the freeway in regards to the Feasibility Study to bring water availability to those properties. Anderson made a motion to proceed with the ditch cleanout by the Savitski property as proposed at the previous Council meeting, approve the Temporary Occupancy Permit with Burlington Northern Railroad (Check #7835 in the amount of $250.00), and award the bid for the ditch cleanout to Fehn Gravel and Excavating in the amount of $3,800.00. Vetsch seconded the motion. All voted aye. ALBERTVILLE CITY COUNCIL September 20, 1993 Page 5 of 7 Thore was directed to check who did the engineering on the Large Avenue blacktopping project that covered a storm sewer manhole. If Meyer-Rohlin was the engineer on the project, Meyer- Rohlin will pay for uncovering the manhole. Berning made a motion to approve Change Orders #1-#6 for the 1993-11B Improvement Project (sewer replacement;. Barthel seconded the motion. All voted ave. Norm Gartner reported that Widmer, Inc, has requested that the sod work on 60th Street and Large Avenue be completed after the second lift of blacktop is laid to allow the blacktopper to better match the grades. These areas do not have curb and gutter. Other areas with curb and gutter will be seeded this year. The Council concurred with the request and directed Linda to notify the affected property owners of the delay. Gartner explained that the Wright County Engineer has approved an access for both the Parkside and Hardwood Ponds 2nd Additions conditioned upon the installation of a paved shoulder. Gartner reported that Dave Montebello had explained to him that the paved shoulder was required for maintenance purposes. Gartner does not feel that the City nor a developer should be required to pave the County's houlders for maintenance purposes. He asked the Council for directives. The Council's consensus is to have Gartner negotiate with the Wright County Engineer to see if the permit can be changed. Linda wa directed to send a letter to Wright County Commissioner Judy Rose asking that the County appeal to have the speed limits on County Road 35 by the high school and on County Road 37 by the Westwind additions reduced. Gartner reported that the Expansion of the wastewater treatment plant is still ahead of schedule. Most of the reinforced concrete has been poured and most of the piping has already been installed. Barthel made a motion to schedule a work meeting to discuss the assessments for the improvements to 50th Street NE for 7:00 PM on September 28, 1993. Anderson seconded the motion. All voted aye. Barthel made motion to approve the Financial Statement for the period September 2 - September 15 as presented. Anderson seconded the motion. All voted aye. Barthel made a motion to approve payment of Check #7811 - #7834 as presented. Anderson seconded the motion. All voted aye. Barthel made a motion to approve the 3.2 Liquor License for ALBERTVILLE CITY COUNCIL September 20, 1993 Page 6 of 7 the Albertville Lionesses from 5:00 PM to midnight on October 22, 1993. Anderson seconded the motion. All voted aye. Barthel made a motion to approve Mayor Potter's attendance at the Minnesota Mayors' Association Conference on October 15th and 16th in Rochester. Anderson seconded the motion. All voted aye. Barthel made a motion to approve Zimmer's Brothers request to lease the property located next to the wastewater treatment facility under the terms established for the 1993 lease. Anderson seconded the motion. All voted aye. The Council discussed Richard Bistodeau's complaint regarding contractor's work hours, noise, etc. The city engineer was directed to incorporate specific work hours in the specifications on all future projects. Linda was asked to procure a copy of a model nuisance ordinance for the Council to consider. The Fire Building Committee will conduct a meeting October 5, 1993, at 7:00 PM at City Hall. Linda will notify all committee members. Barthel made a motion to close the old Park & Ride lot effective October 1 and to have the maintenance department set up barriers on that date. Linda will prepare notices to place on the cars in the lot notifying them that the new Park & Ride lot has been completed. Anderson seconded the motion. All voted aye. The Council set a meeting with the park maintenance employee to be conducted on September 28, 1993, at 7:00 PM. The meeting will be closed to the public if requested by the employee. The Council asked Linda to contact NSP to see if an additional light can be installed on the light pole next to County Roads #19 and #37 to add more light to the new Park & Ride area. Linda informed the Council of a Property Tax Seminar for Councilmembers to be held October 19 in St. Cloud. Mayor Potter will attend the meeting, along with any other Councilmember who can attend. Councilmember Anderson requested that a Procedures Book for the administrative personnel be started. She requested a completion date of three months. Berning made a motion to set a budget meeting for October 6, 1993, at 7:00 PM. The Council will not consider wages at this meeting. Barthel seconded the motion. All voted aye. ._� ALBERTVILLE CITY COUNCIL September 20, 1993 Page 7 of 7 Wright County Commissioner Judy Rose briefly explained the Economic Development Partnership that has been established. This is both a private and public sector project. The next meeting is scheduled for September 28 at 2:00 PM at Rockford. Barthel made a motion to adjourn at 11:10 PM. Anderson seconded the motion. All voted aye. Michael Potter, Mayor 7 Lin a Houghton, Ci, rk ALBERTVILLE CITY COUNCIL CONSENT AGENDA ITEMS September 20, 1993 III. APPROVAL OF CONSENT AGENDA - Follow Up Sheet - September 7, 1993, Meeting - Minutes of September 7, 1993 - Regular Meeting - Financial Statement (September 2 - September 15) - Approve bills (Check #7811 - #7834) - Approve 3.2 License for Lioness October 22, 1993, 5PM - 12:00 Midnight - Approve Mayor Potter's attendance at MN Mayor's Association, October 15 and 16 - Zimmer Brothers request to lease WWT land for 1994 - Close old park and ride CITY OF ALBERTVILLE FOLLOW UP SHEET SEPTEMBER 7, 1993 DATE ACTION TO BE TAKEN PERSON 1993 4/5 Obtain explanation from Ericksen Ellison re: Meyer their apparent over billing. 6/7 Meet w/Linda and Ken to determine if there is Potter sufficient storage space available to demolish storage building at the WWT facility. 6/7 Contact St. Cloud re: establishment of HRA Potter and EDA. 6/21 Restore C. Paulson's property abutting Ken 9/10 alleyway. (After September 1) 6/21 Review sewer rates in 6 months. rbxril 7/19 Contact MNDOT re: Albertville/Frankfort/State Thore drainage problems. (Plans have been submitted to MNDOT for approval) 8/2 Present report on I-94 crossing at 8/16 mtg. Thore 8/2 Check into liability issue regarding use of Linda city owned vehicle during lunch time. 8/16 Check drainage problems - Tiernans Thore 9/7 Contact Frankfort Township regarding drainage Thore 9/7 Notify Park Board of quote to remove dirt from Linda 9/9 City Park 9/7 Contact PCA regarding training courses available Linda 9/9 9/7 Notify Michael Boo from Healthspan re: Council's Linda 9/8 decision concerning the clinic building 9/7 Clarify Change Orders #3 and #6 Thore Done 9/7 Contact Widmer, Inc. about, repairing bituminous Thore Done on Large Avenue & Barthel Ind. Dr. as damages for failure to complete 1992-11B Project on schedule 9/7 Send appreciation letter to Jim Walsh Linda 9/9 9/7 Contact attorney regarding charging an administra-Linda 9/8 tive fee on projects financed by developers 9/7 Send executed Fire Protection Agreement to Otsego Linda 9/8 ALBERTVILLE CITY COUNCIL September 7, 1993 Albertville City Hall 7:30 PM PRESENT: Mayor Mike Potter, Councilmembers John Vetsch, Duane Berning, Sharon Anderson, and Albert Barthel (7:40 PM), City Engineer Thore Meyer, City Attorney Mike Couri, City Clerk Linda Houghton Mayor Potter called the regular meeting of the Albertville City Council to order. The agenda was amended with the following additions: Community Forum: Keith Franklin - request regarding setbacks for a proposed sign Legal: Discuss old clinic building to be used as City Hall Engineering: Bids for Hardwood Ponds 2nd Addition Administration: Time clock Office Supplies Berning made a motion to approve the agenda as amended. Anderson seconded the motion. All voted aye. Berning requested that Change Orders #1-6, 1992-11B Project be removed from the consent agenda. Potter requested that payment of Check #'s 7775 and 7787 be removed from the consent agenda. Anderson made a motion to approve the Follow -Up Sheet from the August 16th meeting. Vetsch seconded the motion. All voted aye. The minutes of the August 16, 1993, meeting were amended on Page 3, Paragraph 5 by adding the following: Barthel seconded the motion. All voted aye. The minutes of the August 16, 1993, meeting were also amended on Page 6, Paragraph 3 to clarify that the Council advised Gary Barthel that he should address his concerns over the deteriorating exterior wood on the old clinic building to Healthspan, the responsible party. Anderson made a motion to approve the minutes of the August 16, 1993, meeting as amended. Vetsch seconded the motion. All voted aye. Keith Franklin discussed his concerns over the drainage problems at his business with the Council. He has been in contact with the city engineer and is aware that the plans and specs, as well as the request to reimburse the City a proportionate share of ALBERTVILLE CITY COUNCIL September 7, 1993 Page 2 of 6 the expenses after the project is completed, have been submitted to MNDOT for approval. He urged the Council to take corrective actions as soon as possible. Thore has requested that MNDOT provide the ratio of cost sharing and reimbursement from MNDOT after the project is completed. Franklin questioned if either the state or county could require that Frankfort Township replace the 8" piping Frankfort has installed with a larger pipe to facilitate the drainage. Thore indicated that he will contact Frankfort Township regarding the undersized pipe. Franklin also will contact the Township. Franklin also explained that he would like directives on what is considered the front yard for property he is leasing along County Road 19 and I-94. The only access to the property is from County Road 19. If that side is considered the front yard, the setback for his sign is 35'. He stated that another of his signs is located with the County Road 19 side considered as the front yard. Vetsch made a motion to allow Franklin to locate his sign to be setback 35' from County Road 19 and 20' from I-94. Berning seconded the motion. All voted aye. Ken Lindsay discussed the quote from Dennis Fehn to haul the excess clay from the City Park parking lot to the Westwind park area. Fehn estimates 710 yards of clay will, be removed at a cost of $2 per yard. The hourly rate for leveling the clay at new site is $70.00 per hour. The Council directed Linda to notify the Park Board of the prices and let them determine if this is acceptable. Anderson made a motion to accept the quote from Dennis Fehn, contingent upon the Park Board's approval at their next meeting on September 16. Vetsch seconded the motion. All voted aye. Ken explained that he is required to get 16 credit hours of continuing education to renew his Class C wastewater operator's license. His license is renewable in a year and a half. He requested permission to attend a Stabilization Pond Seminar offered through the MPCA in North Mankato September 14 - 16. Mayor Potter stated he would prefer to send Ken to classes that will pertain more to ultra -violet systems, aerators, and clarifiers, since these items are being added to the current facility. Anderson agreed with Potter. Ken stated that this seminar covers all of the above items, as well as basic stabilization ponds. The brochure presented to the Council does not state that these other systems will be covered. If he is denied permission to attend this seminar, Ken informed the Council that he will be required to take two classes next year to renew his license. Anderson made a motion to deny Lindsay's request to attend the MPCA Stabilization Pond Seminar September 14 -16. Vetsch seconded the motion. All voted aye. Because of this action, check #7775 and Check #7787 will be voided. ALBERTVILLE CITY COUNCIL September 7, 1993 Page 3 of 6 The Council tabled discussion on the Temporary Occupancy Permit from Burlington Northern Railroad until the next meeting because the two bids the City received to perform the ditch reshaping and relocating were not available. Thore presented a letter dated September 7, 1993, outlining the bid tabulations for the Hardwood Ponds 2nd Addition improvements. Annandale Contracting, Inc. is the apparent low bidder with a base bid of $186,684.60. Thore advised the Council that he has worked with this company in the past and has found them to be a responsible and responsive contractor. Alternate bids were taken for the use of PVC pipe for watermains and also PVC piping for storm sewer under the roadway proper. The deduction from Annandale Contracting, Inc. for the use of PVC for watermain is $6,704.20. Using PVC storm sewer increased the bid amount in each bid. Because the Council has already authorized the use of PVC watermain in Psyk's 5th Addition, Thore recommends that the contract for the Hardwood Ponds 2nd Addition be awarded to Annandale Contracting, Inc. in the amount of $179,980.40. Barthel made a motion to adopt RESOLUTION #1993-28 entitled RESOLUTION AWARDING CONTRACT FOR STREET AND UTILITY IMPROVEMENTS 1993-1 IMPROVEMENT PROJECT (HARDWOOD PONDS 2ND ADDITION) awarding the contract for improvements to Annandale Contracting, Inc. in the amount of $i79,980.40, subject to a signed Developer's Agreement. Berning seconded the motion. A11 voted aye. Attorney MIke Couri reviewed the Developer's Agreement for the Parkside development with the Council. The developer, Kent Roessler, has decided to finance the project himself, and the City will not be bonding for this project. Roessler will have firm bids on the cost of his project by Monday, September 13, and the Developer's Agreement will be finalized when the hard numbers are in. The Developer's Agreement will require surety in the amount of 60% of the contract amount and details how and when the surety will be reduced. The Developer's Agreement also requires that the 14.2 acre park land will be deeded to the City during this phase. City Engineer Thore Meyer and Park Board Chairman Marvin Vetsch will visit the park site to determine if the park meets all requirements of City ordinances concerning seeding, etc., before the park is deeded. Berning made a motion to approve the Developer's Agreement for Parkside Addition, subject to all sureties being provided. Barthel seconded the motion. All voted aye. Couri reported on the meeting held this morning with Michael Boo of Health -span ^oncerning th? old clini- builc'ing. Healthspan ALBERTVILLE CITY COUNCIL September 7, 1993 Page 4 of 6 proposes to return the building to the City for use as a City Hall for the outstanding debt on the bond ($160,000). Healthspan will furnish $30,000 for renovations. Soft estimates at this time to convert the building into a useable City Hall are $32,160, plus repair of the parking lot. Boo anticipates that renovations could be completed in sixty days after plans have been designed. The City could look at possession sometime in December. The $160,000 debt would be refunded and the City would issue new bonds, for which payments would reed to be levied. Bob Thistle of Springsted, Tnc . has+ drafted schedules detailing bonding over a period of 10 or ; 5 years. Vetsch made a motion tc i-onr we the concept of releasing Healthspan from a;t~f herliortbond and returning the building to the City's use ao a City Hai'_, subject to contracts being drawn and approved. Barthel seconded the motion. All voted aye. The Council questioned John Weicht regarding Westwind Third Addition. Weicht explained that he has sold one of the apartment buildings. The Council is concerned how this sale affects the Developer's Agreement already signed by Weicht and the City. Couri explained that the signed Developer's Agreement applies to Weicht and his partnership personally and Weicht and the partnership are responsible for the terms of the agreement until the City releases him from that agreement or until all items in the agreement are completed. Weicht has provided the City with the surety amounts detailed in his agreement. Barthel made a motion to adopt RESOLUTION #1993-29 entitled RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS for the 1993-2 Improvement Project (Westwind Third Addition). Anderson seconded the motion. Barthel, Anderson, Vetsch and Potter voted aye. Berning voted no, stating that he is opposed because the city engineer designed the plans. The moti-Or. cared. AttI_ rney _"L1= = ! •-'1"i. fTi =-Tin = at a : 15 -M. ThGr? _P�=rta� r; `ii - -_ _ �a._GuS �irV pro--ec .=.. The 1: . a _ _ dralnaye �ti�3t_O� iTl t;i .',31 o g 0th S"tr-et i s the only thing be comni�e`ec . Thore recommends that the culvert under 50i-h street men--y Becker's !De restored, Storm sewer pipes be installed along the front side of Ron Becker's property, extending northward along the east side of Becker's property and finally turning east and tying into the existing storm sewer on Lansing Avenue. Thore recommends that the costs be assessed to the benefitting property owners. Thore estimates the cost to install the storm sewer at $15,000-$18,000, including possible tree and fence removal. This option will require an ALBERTVILLE CITY COUNC'+_LL September 7, 199' Page 5 l�r r but d o ? s n ' t wa n- r _ e o'_" __ie ='DstZ abled disc .so_onc on t Y .ara_nage Psvk's 5th Addition is ready for curb and gutter installation. Thore reviewed the Change Orders #1-6 on the sewer replacement project with the Council. Because the Council requested clarification on Change Orders #-3 and #6, approval of the change orders was tabled until the next meeting. Widmer, Inc. has a September 8th deadline for completion of the sewer replacement project, which will not be met. Berning suggested that Widmer, Inc., be contacted and directed to replace the bituminous on the section of Large Avenue and Barthel Industrial Drive as damages for failure to meet the deadline. Thore will talk to the contractor. The expansion of the wastewater treatment facility is still ahead of schedule at present and is progressing well. Anderson made a motion to approve the Financlai Statement for the period Au-7-,us'­ =^ 1 as present-_,_'. Vetsch seconded' the il' __, a-- . e-a r e i v c, C :? i - _ : fi r ' _ . . 3 _ _ .. _ _ - in e:_on TTta,-I -`--- 3 -ep';' r^r-=eS_Yriati 7 Oi �1m Tr�7a1Si_ from t:-.e _`oint Power-_ ar:d yo authoyie the 'erk ` send a letter of appreciati on to Walsh. Vetsch seconded the motion. All vote--: aye. Anderson made a motion to approve RESOLUTION #1993-26 entitled RESOLUTION APPROVING PERMIT FOR STATE GAMBLING LICENSE FOR ALBERTVILLE AREA JAYCEES allowing the Jaycees to operate such lawful gambling from Albertville Bar. Vetsch seconded the motion. All voted aye. Anderson made a motion to approve RESOLUTION #1993-27 entitled RESOLUTION APPROVING PERMIT FOR STATE GAMBLING LICENSE FOR ALBERTVILLE AREA JAYCEES allowing the Jaycees to operate such lawful gambling from St. Albert's Parish Center on January 2, 1994. Vetsch seconded the motion. All voted aye. Councilmember Vetsch asked Linda about the time clock. T L L 1 1, i - L L L 7 e-�ndeL"SOTI i='.'?''_al�:Zt'_�"2 U'?a�_ sile Wii _�i.Ur"ri i_1ie t11Te �lOC�i t0 �1. _y H3 1 late' :}. -- tree COiiSanF1' Ot the -OUP.CZI _ iat Pitpi o -v aa- wll l pun,- the - . iz tile­ ALBERTVILLE CITY COUNCIL September 7, 1993 Page 6 of 6 Vetsch requested that Linda order office supplies from a vendor who will deliver the products instead of traveling to Bizmart to purchase supplies. Linda told the Council that she has been unable to find better pricing on supplies from any other source, but she agreed to order from a company who delivers. Linda was directed to contact the attorney to determine if the City could charge a 1% Administrative Fee to those projects financed by the developer. She will repert back at the next meYting. Sarni ng ...3:.4,' ::i c ,.n ` _ th -i n-^_'3_'3� ,r_ m�� -'n T- r in _ Tlb Li_-'-_ _ � `ha _L'1•-__ ___ a - Reven1.ze 88 Bond SJ,COC 09 Bond 8,500 90 Bond 15,500 92 Bond 5,000 93A Bond 8,000 Total market value based referendum preliminary levy will be $415,525. Anderson seconded the motion. All voted aye. Anderson made a motion to approve the Fire Protection Contract with the City of Otsego for service to the triangular area south of I-94 for the period October 1, 1993, through December 31, 1993, at a cost of $665.51 and fo- the period January 1, 1994, through December 31, 1994, at a cost of $'_'; 806.00. Barthel seconded the -not, on. All ?Gt aye, Lin(ia will send the executed contract t0 tl 'i t�� vt.�c',>1 -;ter the . r 3C>t-, ro'1a • - - - ♦ !- - - M Linda Houghton, Clerk PUBLIC HEARING ORDINANCE #1993-12 September 7, 1993 Albertville City Hall 7:00 PM PRESENT: Mayor Mike Potter, Councilmembers John Vetsch, Duane Berning, and Sharon Anderson, City Clerk Linda Houghton Mayor Potter opened the public hearing to consider amending Section A-800 of the City of Albertville Subdivision Ordinance relating to the deposit and Security amount required for the installation of improvements. The Subdivision Ordinance currently requires a 60% deposit or surety. The City Council has previously adopted a resolution to establish a surety and term of assessment policy. There was no one in the audience and, consequently, no public comment. The ordinance as presented was amended to read ""but in no case shall the amount be less than fifty (50) percent of the Engineer's estimate" to comply with the current policy. Anderson made a motion to adopt ORDINANCE #1993-12 entitled AN ORDINANCE AMENDING SECTION A-800 OF THE CITY OF ALBERTVILLE SUBDIVISION ORDINANCE RELATING TO THE DEPOSIT AND SECURITY AMOUNT REQUIRED FOR THE INSTALLATION OF IMPROVEMENTS. Vetsch seconded the motion. All voted aye. Anderson made a motion to adjourn the public hearing at 7:07 PM. Berning seconded the motion. All voted aye. Michael Potter, Mayor Linda Houghton, Clerk PUBLIC HEARING ORDINANCE #1993-13 September 7, 1993 Albertville City Hall 7:15 PM PRESENT: Mayor Mike Potter, Councilmembers John Vetsch, Duane Berning, and Sharon Anderson, City Clerk Linda Houghton Mayor Potter opened the public hearing to consider amending the ORDINANCE ESTABLISHING CHARGES FOR USERS OF THE CITY OF ALBERTVILLE WASTEWATER FACILITIES TO ALLOW AMENDMENT OF THE SEWER SERVICE CHARGE SYSTEM. The amendment being considered will allow the City Council to change the rate schedule by resolution. There was no one in the audience and, consequently, no public comment. Berning made a motion to adopt ORDINANCE #1993-13 entitled AN ORDINANCE AMENDING THE ORDINANCE ESTABLISHING CHARGES FOR USERS OF THE ALBERTVILLE WASTEWATER FACILITIES TO ALLOW AMENDMENT OF THE SEWER SERVICE CHARGE SYSTEM. Anderson seconded the motion. All voted aye. Anderson made a motion to adjourn the public hearing at 7:18 PM. Berning seconded the motion. All voted aye. Michael Potter, Mayor Linda Houghton, Clerk PLANNING & ZONING COMMISSION SEPTEMBER 14, 1993 ALBERTVILLE CITY HALL 7:00 PM COMMISSION MEMBERS PRESENT: LeRoy Berning, Howard Larson, Roger Johnson, Albert Barthel, Donatus Vetsch, and Secretary Ann Culley. ABSENT: .Ian Heikes, alternate. Chairman Berning called the meeting to order at 7:06 PM. Vetsch made a motion to approve the agenda as submitted. Barthel seconded the motion. All voted aye. Barthel made a motion to approve the minutes of the August 10, 1993, meeting as submitted. Johnson seconded the motion. All voted aye. At 7:08, Chairman Berning opened the Public Hearing to hear discussion relating to the proposed preliminary plat approval of Parkside Second Addition (formerly known as Westwind Outlots A & B). Kent Roessler, KENCO Construction, addressed the Commission regarding his request for preliminary plat approval of Parkside Second Addition (formerly known as Westwind Outlots A & B). KENCO is proposing to place 18 twin homes (36 units) on this property. The proposed homes have 864 sq. ft. on the main floor, 800 sq. ft. in the basement, and 18' x 20' garages with 15' foot doors. Roessler stated that painting, general maintenance, maintenance - free exteriors, prohibition of outside storage, etc. will be covered by recording restrictive covenants and that there will be no homeowner's association. The restrictive covenants will have a 30 year life. Johnson questioned the proposed 25' setback and stated that he felt that a 30' setback should be used. Roessler stated that the lots are certainly deep enough to allow a 30' setback, but feels that the extra 5' would be put to better use by the homeowner if it was located in the back yard. He further stated that the abutting single family lots are approved with a 25' setback and that he is asking for no more than the rest of the Westwind PUD has been allowed. Barthel stated that he feels the 25' setback should be allowed. The Commission directed Ann to check with Couri regarding whether or not the Westwind PUD Specifications do or do not apply to the proposed Parkside 2nd Addition. They also directed Ann to check with Couri regarding whether or not the property needed to be rezoned to residential from PUD. PLANNING COMMISSION - 9/14/93 Page 2 of 3 The Commission questioned the 18' x 20' garage size as opposed to a 20' x 20' due to the fact that the restrictive covenants prohibit storage sheds. Roessler stated that 18' x 20' is a double garage. Ann stated that the ordinance requires that each dwelling have a double garage, but does not specify a minimum size, however the ordinance does limit the maximum size to 900 sq. ft. Ann further stated that she had talked to Kevin Mealhouse about this and he told her that he feels that 20' x 20' is a minimum size for garages. There being no further discussion, Johnson made a motion to close the public hearing at 7:55 PM. The motion was seconded by Larson. All voted aye. Johnson made a motion to recommend that the City Council grant preliminary plat approval for Parkside 2nd Addition, formerly known as westwind Outlots A & B, subject to the following: 1. 30' front yard setbacks be maintained. 2. All garage sizes be 20' x 20'. 3. Approval of restrictive covenants as proposed instead of having to establish a homeowner's association. Vetsch seconded the motion. Berning, Larson, Johnson, and Vetsch voted aye. Barthel voted nay. The motion carried. Chairman Berning opened the Public Hearing at 8:02 PM to consider proposed Ordinance # 1993-10, entitled, AN ORDINANCE AMENDING SECTION 1200.4 OF THE ALBERTVILLE ZONING REGULATIONS (1988-12) RELATING TO OFF-STREET PARSING REQUIREMENTS IN CASES OF BUILDING EXPANSION AND SPECIAL DRAINAGE NEEDS. There were no comments forthcoming and at 8:07 PM Barthel made a motion to close the public hearing. Vetsch seconded the motion. All voted aye. Vetsch made a motion to recommend that the City Council approve adoption of Ordinance # 1993-10, entitled, AN ORDINANCE AMENDING SECTION 1200.4 OF THE ALBERTVILLE ZONING REGULATIONS (1988-12) RELATING TO OFF-STREET PARSING REQUIREMENTS IN CASES OF BUILDING EXPANSION AND SPECIAL DRAINAGE NEEDS as submitted. Barthel seconded the motion. All voted aye. Chairman Berning opened the Public Hearing at 8:08 PM to consider proposed Ordinance # 1993-11, entitled, AN ORDINANCE AMENDING SECTION 1000.16 OF THE ALBERTVILLE ZONING ORDINANCE (1988- 12) REGARDING OUTDOOR STORAGE AREAS ASSOCIATED WITH NON-RESIDENTIAL PROPERTIES. The Commission questioned Section 1 (b) (4) "Should a grassed surface prove to be unmaintainable.,." and decided to change the wording to "Should an area surfaced with anything other than hard surfacing be unmaintainable..." At 8:12 PM Barthel made a motion to close the public hearing. Johnson seconded the motion. All voted aye, PLANNING COMMISSION - 9/14/93 Page 3 of 3 Barthel made a motion to recommend that the City Council approve adoption of Ordinance # 1993-11, entitled, AN ORDINANCE AMENDING SECTION 1000.16 OF THE ALBERTVILLE ZONING ORDINANCE (1988- 12) REGARDING OUTDOOR STORAGE AREAS ASSOCIATED WITH NON-RESIDENTIAL PROPERTIES, changing Section 1 (b) (4) to read "Should an area surfaced with anything other than hard surfacing be unmaintainable..." Vetsch seconded the motion. All voted aye. The Commission directed Ann to contact the Park Board and obtain a copy of Dave Licht's proposal for putting together a comprehensive plan for the city park system. Vetsch made a motion to adjourn at 8:30 PM. Larson seconded the motion. All voted aye. Ann Culley, Secretary Northwest Associated Consultants, Inc. U R B A N PLANNING - DESIGN - MARKET R E S E A R C H PLANNING REPORT TO: FROM: DATE: RE: FILE NO: Albertville Mayor and City Council Albertville Planning Commission Elizabeth Stockman/David Licht 3 August 1993 Albertville - Parkside Second Addition 163.06 - 93.03 EXECUTIVE SUNIlMIARY Background: Kenco Construction, Inc. has submitted a preliminary plat of Parkside Second Addition for consideration by the City. The project encompasses Outlots A & B of the original Westwind Plat. The plans show 18 base lots and 36 unit lots for the development of duplex homes on 6.67 acres. The site is zoned PUD, Planned Unit Development, and is located on the south side of CSAH 37, just northwest of Parkside 1st Addition. Attached for Reference: Exhibit A - Site Location/Zoning Exhibit B - Preliminary Plat Recommendation: Based upon the nature of this matter, as well as the issues highlighted in the following review, we believe that the decision to approve or deny the development request is a policy decision to be made by the City Council. Their consideration and review of the applicant's request must take into account the issues which have been outlined below. It is recommended that the City Council thoroughly review these factors as part of a decision on the request. 5775 Wayzata Blvd. - Suite 555 - St. Louis Park, MN 55416 • (612) 595-9636-Fax. 595-9837 Issues 1. Several proposed lots fall below the R-3 lot area standard of 12,500 square feet. 2. All but two proposed lots fall below the R-3 lot width standard of 90 feet. 3. All structures are setback 25 feet from the right-of-way rather than the 35 foot minimum as stipulated in the R-3 District standards. Besides a design character issue, this matter also poses parking concerns. 4. The character of the neighborhood may be negatively influenced by the close proximity and identical construction style of homes on substandard lots. Conditions Upon review of issues identified herein by the City Council, it is recommended that if the project is favored, the following conditions be attached to potential approval of the proposed preliminary plat: 1. Minimum lot size and setback requirements are established by the City if deviation from zoning district standards is to be allowed through the PUD. 2. Typical building plans, including elevation drawings, are submitted by the developer which indicate housing style, dimensions, height, and materials. 3. All grading, drainage, utilities and streets are reviewed and approved by the City Engineer. 4. A landscape plan be submitted to the City for review and comment; which includes some type of screening along CSAH 37. 5. Park dedication requirements are met as outlined herein. 6. The developer demonstrate that lots with area less than 12,500 square feet are able to accommodate the maximum allowable accessory building square footage and other allowances to be stipulated in the protective covenants. 7. A declaration of covenant is established and filed with the County Recorder which requires lot owners to maintain the designated screening areas and stipulates desired performance standards not covered by City Zoning Ordinance regulations. 2 S. A homeowners association is established or the protective covenants include a stipulation which gives the City the right to enforce all deviations from performance standard requirements. 9. A security deposit is required to ensure that all work occurs according to approved plans. 10. A development contract is prepared by the city and accepted by the applicant prior to final plat submission. ISSUES ANALYSIS Comprehensive Plan. The proposed plat is located within Planning District One of the city's Comprehensive Plan. The subject site is designated for medium density residential development. In March of 1993, a Comprehensive Plan amendment was adopted which limited multiple family dwellings to 33 percent (one-third) of the total housing stock in the City. This policy includes apartment dwellings only, and does not limit the establishment of duplex/two- family homes. Additionally, the surrounding area high density residential, low density residential and commercial land uses are compatible with the proposed development. The request to construct duplex homes as shown on the preliminary plat is therefore consistent with the intent of the Comprehensive Plan. Zoning. The subject site is zoned PUD, Planned Unit Development. As such, all permitted, permitted accessory, or conditional uses contained in residential zoning districts are potentially permitted uses within the PUD District. The original intent of the PUD District as it was originally established for the Westwind project was to allow for substantial deviations in performance standards such as lot size and building setbacks. However, these deviations were not specifically identified within the Westwind developers agreement for Outlots A and B and the provisions of the City Zoning Ordinance therefore are applicable as written. Two family dwelling units are permitted uses in the R-2, R-3, and R-4 Residential Zoning Districts. The R-3, single and two family district contains the least restrictive standards and will therefore be utilized to evaluate the proposed development. 3 Lot Size and Setback Requirements Lot Area: 12,500 sf Lot Width: 90 feet Setbacks - Front: Not less Side: Not less nor less abutting Rear: 25 feet (base lots) than 35 feet than 10 feet from adjacent lots, than 20 feet on a side yard a public right-of-way. The base lot sizes shown on the proposed plat range from 12,000 square feet to 29,967 square feet. There are four lots below the 12,500 square foot minimum lot size standard. The average lot size is 16,175 square feet. The unit lot sizes range from 6,000 square feet to 18,686 square feet, at an overall average of 8,087 square feet. The lot widths range from 80 feet to 103 feet wide. All but two lots are below the 90 foot required lot width. The number of proposed lots with lot widths less than the 90 foot R-3 standard raises concerns in relation to the character of the neighborhood and proximity of structures to one another. Rows of nine duplex homes on both sides of the street which have identical sizes and appearances may not be desirable when numbers of parked vehicles and other outdoor storage items are visible in association with the structures on subsequent lots. While all side and rear setbacks have been met, the front yard setbacks are shown at 25 feet rather than the 35 foot required minimum. The declaration of covenants pertaining to the PUD states that any house constructed on any lot shall meet all setback requirements of the City Ordinances. Additionally, the proposed front yard setback of 25 feet raises concerns relative to the parking of vehicles and recreational vehicles in the driveway. The 25 foot driveway length would not allow the space necessary to park vehicles two deep and be completely upon the private property. The 35 foot recommended setback would allow ample driveway length for these purposes. It should be noted, however, that adjacent single family homes are setback 25 feet and the developer feels that this sets a precedent which should be upheld. Building Height. The maximum building height of all principal structures may not exceed 25 feet. Elevation drawings have not been submitted to date, thus evaluation of this factor should occur upon receipt of building plans which will be required prior to approval of the plat. 4 Accessory Buildings/Outdoor Storage. The need for accessory structures and space for the storage of outdoor equipment and recreational vehicles is anticipated on many of the properties in Parkside 2nd Addition, as with all types of residential development. The proposed lot sizes, lot widths and building setbacks raise concerns relative to the amount of yard and driveway area available to comply with zoning district standards. The developer has indicated, however, that restrictive covenants will be established which limit the size of accessory structures to less than the City standard and that the outdoor storage of vehicles/equipment will be prohibited. Draft documents which address these factors will be required prior to final plan approval. Lot Coverage. The Zoning Ordinance requires that no structure or combination of structures shall occupy more than thirty (30) percent of the lot area. The proposed duplex homes encompass approximately 2,630 square feet and are in compliance with this requirement on all proposed lots. The smallest base lot is 12,000 square feet, of which 30a lot area equals 3,600 square feet. Streets. The proposed alignment of Kahler Drive is consistent with the approved concept plan and Parkside 1st Addition to the south. The street is shown at the required 60 foot right-of-way width. The street section grading and design will be subject to review by the City Engineer. Grading and Drainage. The developers agreement established as part of the Westwind project requires that a grading, drainage and erosion control plan be submitted for approval by the City. No plan(s) have been submitted to date and will be required prior to plat approval. Utilities. A utility plan will be required for the proposed plat showing all existing and proposed utility lines or easements. A utility plan should be submitted for the city Engineer's review and comment prior to plat approval. Architectural Compatibility. Buildings in all zoning districts must maintain a high standard of architectural and aesthetic compatibility to ensure that they will not adversely impact adjacent properties or the overall city image. As mentioned previously, typical building plans should be submitted for review by the City. Landscape Plan. A landscape plan will be required prior to plat approval and should be submitted by the developer. The plan must show the location of all existing and proposed vegetation and site amenities. The plan should also include some type of vegetative or man-made buffer along CSAH 37 to screen the potential adverse effects of traffic noise and visibility as required in the Westwind Development Agreement. Screening between the adjacent 5 commercially zoned land and the Kenco Property is the responsibility of the adjacent property owner should commercial uses ever be developed there. It would be beneficial for residents, however, if some trees were planted in this location so that they will have time to mature prior to future development. Park Dedication. As stipulated in the original Westwind developers agreement, a park dedication amount of $10,000 and 14.2 acres was established to satisfy the ordinance requirements for the balance of single family lots and the first phase of multiple -dwelling development. This does not include the Parkside 2nd Addition, which will require that additional cash payments or land dedication be submitted. The proposed subdivision contains a total of 36 dwelling units per 6.67 acres, which results in 5.4 dwelling units per one acre. The city park dedication standards require that in areas of less than 9 dwelling units/acre, 5 percent of the gross land area or $170.00 per dwelling unit be provided. This results in .33 acres, $6,120, or a combination thereof, which will be required and must be agreed to between the developer and the City prior to plat approval. Protective Covenants. The developer is required to prepare a declaration of covenants as required in the original Westwind Development Agreement, to be filed with the Wright County Recorder, which establishes the screening required along CSAH 37. It should state that affected lot owners in the plat must maintain the established screening at all times satisfactory to the City. It should also be noted that the developer does not wish to establish a homeowners association because all lots are to be privately owned and maintained. While the protective covenants can include specified maintenance and performance standard requirements, a special stipulation would have to be included which would allow the City to enforce them. The City Attorney has recommended that a homeowners association be established, however, if the City Council chooses to allow the developer's request, the following items must be included as part of the declaration of covenants: 1. Standards for building and yard maintenance. 2. Accessory building allowances. 3. Prohibition of outdoor storage uses (as desired by the developer). 4. Stipulation which gives the City the right to enforce the stated deviations from City performance standards. A draft document should be submitted for review by the City Attorney prior to final plan approval. A Securities. A security deposit will be required by the City to ensure that all developer installed improvements, completion of specified construction work, and establishment of landscaping/screening occurs according to approved plans. Development Contract. A development contract will be required and prepared by the city which should be agreed to by the applicant prior to final plat submission. CONCLUSION The decision to approve or deny the Parkside 2nd Addition is a policy decision which must be made by the City Council due to the apparent desire by the developer to deviate from minimum Zoning Ordinance performance standards. While the PUD designation does allow for flexibility in this regard, it is questionable whether or not the reduced lot standards are warranted in this case. The intent of the PUD district is to provide for the establishment of a more desirable, innovative and creative development by utilizing higher standards of site and building design in areas of unique land features. The proposed subdivision does not appear to contain any of these characteristics. It is therefore recommended that consideration be given to maintaining the R-3 Zoning Ordinance standards as outlined herein and that the conditions as listed in the Executive Summary of this report are met to the satisfaction of the City. pc: Ann Culley Kenco Construction, Inc. Mike Couri Thore Meyer 7 a= Z z o ` 0 � a � c w u W a` 0 a III .S cc IS u. C c E c Y FY Q a S. 31T B 31T B I I j I EXHIBIT A M E M 0 TO: PLANNING COMMISSION FROM: ANN CULLEY DATE: JDLY 15, 1993 RE: PARKSIDE 2nd ADDITION (FORMERLY KNOWN AS WESTWIND OOTLOTS A & B) PRELIMINARY PLAT APPROVAL Per your direction at the Planning and Zoning Meeting which was held on July 14, 1993, I contacted City Attorney Mike Couri with regard to the Westwind POD Specifications. It is Couri's opinion that Outlots A & B do, in fact, fall under the guidelines set forth in this document, a copy of which is attached for your reference. This document allows for a front yard setback of 25' as requested by the developer, Kent Roessler. Couri further wanted to clarify that he had conferred with the City Planner's office and it is their opinion that regarding minimum square footage of the dwelling (#4) , that the definition of Dwelling, Two -Family, #52 (a)(2), of the Zoning Ordinance does apply to the proposed twin homes. Therefore the proposed dwelling units do conform to the required minimum square footage of 750 square feet. Zoning on the property is PUD, as stated in Liz and Dave's Planning Report dated August 3, 1993, and needs no further rezoning. cc: City Council Mike Couri Kent Roessler CITY OF ALBERTVILLE WRIGHT COUNTY, MINNESOTA ORDINANCE NO. 1993-10 AN ORDINANCE AMENDING SECTION 1200.4 OF THE ALBERTVILLE ZONING REGULATIONS (1988-12) RELATING TO OFF-STREET PARKING REQUIREMENTS IN CASES OF BUILDING EXPANSION AND SPECIAL DRAINAGE NEEDS. Section 1. Section 1200.4 (d) of Ordinance 1988-12 is hereby amended to read as follows: (d) Change of Use Or Occupancy of Land. No change of use or occupancy of land already dedicated to a parking area, parking spaces, or loading spaces shall be made; nor shall any sale of land or division or subdivision of land be made which reduces area necessary for parking, parking stalls, or parking requirements below the minimum prescribed by these zoning regulations, except as specifically outlined in this Section. Section 2. Section 1200.4 (e) of Ordinance 1988-12 is hereby amended to read as follows: (e) Change of Use or Occupancy of Buildings. Any change of use or occupancy of any building or buildings including additions thereto requiring more parking area shall not be permitted until there is furnished such additional parking spaces as required by these zoning regulations. Where an existing off-street parking area must be altered in accordance with the number of parking stalls required herein, the following conditions will apply: (1) If the change of use or occupancy of the building/land requires the addition of 50% or more of the total parking spaces from that which currently exists (irregardless of the type of surfacing which is present), the entire parking area shall be curbed, surfaced and landscaped as required herein. (2) If the change of use or occupancy of the building/land requires the addition of less than 5096 of the total number of parking spaces from which currently exists, the surfacing and curbing of the entire parking area shall be required as specified herein, only if the existing surface is gravel or is of a paved condition in need of major repair. An existing parking area which is surfaced with asphalt or concrete, which must be expanded to provide additional parking, shall not be required to include a perimeter curb unless a drainage need is found to exist by the City Engineer. Section 3. Section 1200.4 (h) (13) of Ordinance 1988-12 is hereby amended to read as follows: (13) Surfacing. All areas intended to be utilized for parking space and driveways shall be surfaced with bituminous or concrete to control dust and drainage, except in the case of farm dwellings/operations and as specified in item (e) above. Plans for surfacing and drainage of driveways and stalls for five (5) or more vehicles shall be submitted to the City Engineer for review and the final drainage plan shall be subject to his/her written approval. In unique situations, where drainage or other factors warrant such, the City Engineer may permit deviation from these surfacing requirements. Section 4. Section 1200.4 (h) (16) of Ordinance 1988-12 is hereby amended to read as follows: (16) Curbing. Except for single, two family, townhouse and quadraminiums, and except as specified in item (e) above, all open, off-street parking shall have a perimeter curb barrier around the entire parking lot; said curb barrier shall not be closer than five (5) feet to any lot line. In unique situations, where drainage or other factors warrant such, the City Engineer may permit deviation from or waive these curbing requirements, provided portable bumper curbs are utilized. Section 5. Section 1200.4 (h) (17) of Ordinance 1988-12 is hereby amended to read as follows: (17) Required Screening and Landscaping. All open, non- residential off-street parking areas of five (5) or more spaces shall be screened and landscaped from abutting or surrounding residential districts in compliance with Section 1000.7 of this Chapter. Grass plantings or screening shall be provided in all areas bordering the parking area not occupied by trees or shrubs. 2 Section 6. Effective Date. This Ordinance shall take effect and be in full force from and after its date of passage and publication. Passed by the City Council of the City of Albertville, this day of 1993. Michael Potter, Mayor ATTEST: Linda Houghton, Administrator/Clerk (Published in the Crow River News on 3 I SEP- 1 6-'3 S THIJ 1 4: 0-e 0 P - L3 CITY OF ALBEPTVMLE WRIGHT CGUNTY, MMTSOTA ORDENANCE NO. 1993-11 AN ORDINANCE AmzNDING SECTION 1000.16 OF THE ALEERTvILLE ZCNING ORDINANCE (1988 -12 ) REGARDING OUTDOOR STCR7aGE AREAS ASSOCIATED WITH NON-RESIDFNTZAL PROPERTIES. 'IH3 CITY COUNCIL OF THE CITY OF ALSERTVILLE, MIVNESOTA ORDAINS: Section 1. Section 1000.16, Sub -section (b) of Ordinancs 1s8$-12 is hereby amended to read as follows: (b) Except as allowed by district use provisions, outside storage of equipment, materials and inventory as a princ:.pal or accessory use for commercial and industrial uses shall require a conditional use Permit subject to the provisions of Section 400 of this Chapter. In addition, all non-resider-tial outside storage shall conform to the following conditions: (1) The -area occupied is not within a required front or required side yard. (2) The storage area is totally fenced, fully screened and landscaped according to a plan approved by the Zoning Administrator and a landscape guarantee as datermined by the Zoning Administrator is provided. (3) If abutting a Reaidential District or use, screening and landscaping is provided according to a plan approved by the Zoning Administrator. (4) The storage area is grassed or surfaced with asphalt, concrets, or crushed -rock (concrete or granite) to control dust. Should an area surfaced With anything other than hard surfacing prove to be unmaintainable, the City shall require that a hard surface be installed within three (3) months Of formal written notice to the Property owner. (5) All Lighting shall be hooded and so directed that the light source shall not be visible from the public right-of-way or from neighboring z'esidences and shall be; in compliance with Subdivision 1000.zo of this Section. (6) The storage area doers not encroach upon required public or employee parking space(s), required loading space, or snow storage area ag required by this Chapter. (7) A site plan documenting the location and grading of the storage operation shall be submitted and shall be subject to the approval of the City Engineer. Section 2. This Ordinance shall take effect and be in full force from and after its date of passage and publication. PASSED by the City Council of the City of Albertville this day of 1993. CITY OF ALBERTVILLE By: Michael Potter, Mayor ATTEST: By: Linda Houghton, City Administrator (Published in the Crow River News on 2 *746- P.O. BOX 219 ST. BONIFACIUS, MN 55375 TEL. (612) 446-1495 FAX (612) 446-1836 September 13, 1993 Norm Gartner Meyer Rohlin Inc. 1111 Hwy 25 North Buffalo, MN 55313 Re: Albertville Norm In lieu of liquidated damages and in the spirit of co-operation Widmer Inc. agrees to patch an area of thirty five feet (35') x thirty five feet (35') on 6ecti. .S9 � If you have any questions please call. SiFera ly, Rorrott .. � AN EQUAL OPPORTUNITY EMPLOYER DENNIS FEHN GRAVEL- & EXC P.52 PROPOSAL FORM FOR 1993 IMPROVEMENT PROJECT DRAINAGE DITCH CLEANOUT FOR. ALBERTVILLE, MINNESOTA Bids due on or before 10.00 A.M., August 13, 1993 City of Albertville c/o Linda Houghton, Clerk Box 131 Albertville, MN 55301 The undersigned as bidder, hereby proposes and, if this proposal is accepted, agrees to furnish a bond as required and to enter into a contract with the City of Albertville, Minnesota, to furnish all materials, labor, skill, tools and equipment for the drainage ditch cleanout, including all accessories as called for by the specifications herewith as prepared by Meyer-Rohlin, Inc., Engineers and Land Surveyors, 1111 Highway 25 North, Buffalo, Minnesota, 55313, acting as and in these contract documents entitled as the Engineer for the following estimated quantities and unit prices. Item No. Item Qty. Unit 1. Clean, reshape & relocate ditch 500 1.e. 2. Seed & mulch .4 acre TOTAL BID Subcontractors to be used in the work: Name Address Name Address Unit Price Total Price $ 5.00 $ 3000.00 $ 2000.00 $ 800.00 $__3800_00 = page 6 DEFINI3 FEH[A GP.A'•e'EL & E%C P . 03 Legal name of person, firm or corporation By &4z IL� (signature) C'�/ v (Type or printed name of signer) Title / f Company 4& Address '// Phone ��y page 8 PROPOSAL FORM FOR 1993 IMPROVEMENT PROJECT DRAINAGE DITCH CLEANOUT FOR ALBERTVILLE, MINNESOTA Bids due on or before 10.00 A.M., August 13, 1993 City of Albertville c/o Linda Houghton, Clerk Box 131 Albertville, MN 55301 The undersigned as bidder, hereby proposes and, if this proposal is accepted, agrees to furnish a bond as required and to enter into a contract with the City of Albertville, Minnesota, to furnish all materials, labor, skill, tools and equipment for the drainage ditch cleanout, including all accessories as called for by the specifications herewith as prepared by Meyer-Rohlin, Inc., Engineers and Land Surveyors, 1111 Highway 25 North, Buffalo, Minnesota, 55313, acting as and in these contract documents entitled as the Engineer for the following estimated quantities and unit prices. Item No. Item 1. Clean, reshape & relocate ditch 2. Seed & mulch Qty. Unit Unit Price Total Price 600 1 . f . $ 2,30 $ 473 d o� .4 acre $ � G TOTAL BID Subcontractors to be used in the work: Name Name Address Address page 6 Legal name of person, firm or corporation B , /' )-- -Z. (signature) (Typed or printed name of signer) Title k/ /-�, Company A 1 IA Yv'\ 9 w T 1,1 C Address 7D. o o x 21 9 n I C t u i n'1 rt� SS3'iS Phone page 8 CITY OF ALBERTVILLE FINANCIAL STATEMENT September 2 - September 15, 1993 Beginning Cash Balance September 2, 1993 $593,356.84 INCOME (Sept. 2 - Sept. 15) Beer Permits 10.00 Building Permits 15,680.33 Dog Impound Fees 20.00 Lease Payment (Zimmer) 475.00 Loan Payment (FraserSteel) 585.27 Police Aid 3,106.42 Reimburse(Pysk's 5th) 61,128.78 Sewer Penalties 260.00 Sewer Receipts 2,052.77 Special Assessments 35,348.40 Storm Water Penalties 41.29 Storm Water Receipts 145.93 Title Search 20.00 TOTAL INCOME 118,874.19 EXPENSES (Sept. 2 - Sept. 15) Check #'s 7753-7805 (approved 9/7/93) 245,568.46 (Void #7775 & 7787) DEBITS - Security Bank Northwest Parksedge Bond 13,150.00 $115,000 G.O. Ref. 3,162.50 PAYROLL 8/24 - 9/7 Check # 7806 - Ann 495.83 Check # 7807 - Linda 784.58 Check # 7808 - Ken 774.65 Check # 7809 - Mike 584.78 Check # 7810 - PERA 340.33 TOTAL EXPENSES 264,861.13 Ending Cash Balance September 15, 1993 $447,369.90 INVESTMENTS: CD #8807 - matures 9/29/93 @ 3.5% CD #8222 (Lions) - matures 10/18/93 @ 2.65% CD #8579 - matures 12/28/93 @ 3.0% CD #8925 - matures 12/1/93 @ 2.65% Piper-Jaffray Investments 356,108.22 31,247.53 159,579.97 108,292.02 455.324.13 TOTAL INVESTMENTS $1,110,551.87 CITY OF ALBERTVILLE BILLS TO BE PAID SEPTEMBER 20, 1993 Check No. Vendor Reason Amount _ 7811 Albertville Auto Parts Shop Suppl 23.36 Sts. Repr 1.62.34 190.40 7812 Bergstrom"s Lawn Repr. trimmer 33.83 7813 Central Rivers 12V pump 87.00 7814 DJ`s Heating & Air Condit. Repair C.H. furnace 57.00 7815 DJ's Total Home Care Pk Shltr Sup 264.91 City Hall 99.42 Ponds 4.78 Shop 5.30 Park 43.06 Fire Dept 22.23 439.71) 7816 Feed Rite Controlls Alum 2743.12 7817 Fehn, Dennis Excvating Freeway crossing 300.00 7818 Gopher State Aug. Locates 9.00 7819 Gould Bros. Remove vehicle-60th St 40.00 7820 Govt. Training Center MN Mayor's Assoc. 110.00 7821 Harvest Printing C.H. Supplies 91.38 7822 League of MN Cities Annual Dues 910.00 7823 MedCenters Health Plan Employee Ins. 1122.40 7824 Meiny`s Diggers Freeway Crossing 460.00 7825 Meyer-Rohlin August Services 14121.99 7826 Monticello Animal Control August Services 31.00 7827 Monticello, City of Aug. Animal Control 81.00 7828 Northern States Power C.H. 141.62 Park 138.38 Sewer 212.73 492.73 7829 Olson & Sons Electric Rewire Park Stove 69.14 7830 Pate 66 Gas -Ste 17.88 Gas -Parke 17.88 Gas -Sewer 17.88 Gas-F.D. 28.94 82.58 7831 Pepsi Cola Co Rent 10.65 7832 Postmaster P.O. Box Rent 11,25 7833 St. Michael Drug Film-Sts 14.61 7834 Widmer, Inc. Part Pymt #3 102351.56 TOTAL $123,860.34 APPLICATION FOR NON -INTOXICATING MALT LIGUOR LICcis1SE The uncersign, certifies that it cc mplies with the Minnesota Statutes, Section 1;140.001, 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 ncn-intoxicating malt/liquor license. 1. Name of Applicant: f-�nn�`/r>v`VI/�� LIC /1c�SS �. Name and Address_ of President and Secretary of Applicant: _ }�, ., 3 , b I-;,- th (:,7,- Alb�;Y-TvIAL_ lU'Tic' 5`' cf f LI- Purpose for which funds derived %dY� will be used: �,-- ✓i y 1/ LA I C C, /'%) %l1 L; Yl ) !.Ql r U i sr C l 4. Date of activities for which license is requested: C CC' T -9 3 5. Premises from which ner,-intoxicating, malt liquor will be dispensed on said date: b. Hours of oceration on the date for w-ic`+ limited license is requested: l-) 11i /r, i ( L 7. Number of previous license obtained this calendar year: e. Name, address, telephone number and position held with Club of person signing this application: L J S%c,C1F6LC 2 L0,1")r)0I /4c AlLtry 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: 7-2 63 Sar:at��re of.'Applicant(s) 08/19/91 A 5964 Main Avenue N.E. P.O. Box 131 Albertville, MN 55301-0131 (612) 497-3384 Fax: (612) 497-3210 CITIZEN INFORMATION FORM DATE: NAME: r �i ► S o7a>'.=-l' ADDRESS: PHONE: NATURE OF INFORMATION: • 7,.V� ��J�� � 'c' i`� N /r SVG��F• �f� v� ���i✓`i•r'•f /�����v��. ACTION TAKEN: DYE S�',�� �1-�- �,�; r �'• 'r-�j �.•� ,.Q�� G`o; ��''crc.. Also ACTION PERFORMED BY: c--- DATE: 14 /, F•` �/ f.7 :.. � / /�A. �. .fir_.' %.r �. .� ) .ay' t �y A //-Wvdt- 3 �r Aay 71 1.s-111/ J PART I /J Page 7 of 29 Permit No: MN 0050954 C. INTERIM MONITORING REQUIREMENTS - PONDS/CONTROLLED DISCHARGES During the period beginning on the effective date of this permit and lasting until May 1, 1994, or until attainment of the final effluent limitations in Part I.F., whichever is first, the following monitoring requirements apply. The results of the following monitoring requirements shall be recorded on Form 704 and submitted to the Commissioner on a monthly basis. PARAMETER FREQUENCY SAMPLE TYPE UNITS NOTES Observations: Odors Weekly Description Aquatic plants Weekly Description % coverage Floating mats Weekly Description % coverage Pond water depth Weekly Description Inches Muskrats, etc. Weekly Description Dike condition Weekly Description Ice cover Weekly Description % coverage Precipitation Daily Continuous Inches Influent: Flow Daily Continuous MGD (1) CBOD5 Quarterly 4 hr comp mg/l (1) TSS Quarterly 4 hr comp mg/l (1) PH Quarterly Grab Standard (2)(9) Pond contents: CBOD5 Prior to discharge Composite mg/1 (3)(8) TSS Prior to discharge Composite mg/l (3)(8) PH Prior to discharge Grab Standard (2)(6)(8) Fecal coliform Prior to discharge Grab Organisms/100m1 (4)(5)(8) Dissolved oxygen Prior to discharge Grab mg/1 (2)(6)(8) Total phosphorus Prior to discvharge Grab mg/l (3)(8) Effluent (during discharge only): Flow Daily Continuous mgd CBOD5 2 x week Grab mg/l (7) TSS 2 x week Grab mg/l (7) PH 2 x week Grab Standard (2)(7) Fecal coliform 2 x week Grab Organisms/100ml (5)(7) Dissolved oxygen 2 x week Grab mg/1 (2)(7) Total phosphorus 2 x week Grab mg/l (7) 33. Mows grass, sprays weeds, trims trees and is responsible for the landscaping of parks, common grounds, and city - owned property, including city signs, tree planting, sod, etc. 34. Responsible for the installation of all park equipment, maintenance of all park equipment, including the underground sprinkler system, maintenance of all park playground equipment, including a month safety check on swings and spring toys. 35. Responsible for minor maintenance of picnic shelters, maintenance of the ice rink, installation of park signs, repair of tables, and other related duties. 'r RYWW1PR: 4� 36. Monitors the discharge of ponds, collects water samples, performs tests, prepares and sends reports and samples to appropriate state agencies, adjusts operations as appropriate, and submits all reports to City Clerk. 37. Keeps current, up-to-date daily records of all wastewater operations. 38. Submits monthly PCA reports. 39. 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