1995-07-03 CC Agenda/PacketALRV-R?'VTUVF rTTV (YMCTT,
!ll'tBllD�l
July 3, 1995
7:0o r�
. 7 : 00
1. CALL
TO
ORDER/ROLL CALL/ADOPT AGENDA (Mkyor/Cl&*/Couwil )
7 : 05
2. MINUTES (Coune:ll )
a.
Regular.,Clty Couneil Meeting - June 3, 1"s
b.
Joint_%uneil Meeting with Otsego`- June l'_, 1995
C.
speciaif City Council Meeting - Jtme 21, 00
7:10
S. AVOT"116 CLAiMB (ft Aeil)
7 :15
4. CTTIZRW 'laOMM - 10 HIn3de , Lial,t
7 : 25
5 . . emse" AMDA
a.
Pinane±laRl Ntatement - June
b.
ACcept .Pledged Security effective 6/13/95
7 30
6. rTN T"IMM BftlM"s
a.
62nd Street ` Berm (Miel lei► Burse h)
b.
Damages to Clerncns Properties T.mnd - Solutions
(Bernfe Pbrx) l
0.
50th Street Retaining Fla 11 OuRrd Rai 1 (Public Works)
d.
1995_ Barthel Drive! Storm Sewer Improvement
Mvineer)
e .
County Ditch No . 9 (City 1!hgineer)
f..
Beatudry's 2nd Rendition drainage problem (City
g.
Report on impact of accepting wastewater from the
City of St. Michael _(CIty VMgineer)
h.
tfrban Ser*lee Area Delinetien (City MVineer)
1.
Sewer installation Agreement (OrMM llroth8m, at.
al.)
j .
Rater, Vew*r Lot @ate (Oawtal l )
k .
1994- hadi t A+apert' (Ift* )
I.
Ct ►rehens i. v* Plan tlpda t e (ftmel l )
9:15
7. MMt
BUS ?VMS
a.
nature to werlt {tiles *Atka wlti )
b.
ftonmic bevelepoest Partnership Pt adraiser (Doao
,
Rose)
C.
Recommendation from Planning Commission to approve
a 'POO (Planned Dnf t Development) zoning for the
three parcels along 30th Street and Barthel
Industrial Drive owned by Dennis Pehn (Ommctl)
d.
Request to reduce Renco's Letter of Credit by
�I3,025=.59 (Cotscil)
P.
Dra►l.nagP (Dyer)
f .
Rer1 !o Ri 1. l hoard I. Iqr.. (inning Adminstrator)
g.
"Pw t.egislat_ion Imposing 60-day Approval Deadline
(City Attorney)
COUNCTL. RMOOM (Cmxmc l )
•
9 : 40
9. ADJOURNMENT (Counri 1)
TYPCOMTNn MrFTTNCS-/TMPORTANT I)ATFS
1p�
-7111Y 10,
1.995
FDA Meeting (Cancelled)
7*00 R4
,Tilly 11,
1995
'Regular. PIRnning A Zoning
7.1-T FM
,7131Y "I,
3-995
Joint Alhertvillplotspgo Council Meeting
7* M R-1
Albertville City Rail
PIPrring Meeting
9t10 PM
A11711st 7,
1,99r,
Regul.;sr City
7*nn w.
1.995
R Oz Cr 1 t i I rcY—
7*.,,n w
AT.RF.RTVTT.T.F. CTTY CnITNCTT.
July 3; 1 995
Alhertville City Hall 7:no PM
PRP.SF.NT; MPYOY MikP PottPr, Coi,nr.ilmpmhprs Sharon Anderson.
Cart Muvrps; T)unnp Rprni na, and John Vetsr.h, City Fnni nPer Pete
('.arlson: City administrator (.arrison Ralp, City Clerk T,inda
Hrn�ahton
Mayor hotter callpd the ra7„1ar mPPtinct of the Alhertvi11e
City CnnnoiI to order.
The agPnda was ampndpd iindpr NPw Rilsi nPCG as follow
h. Consider appointment of two CouncilmpmhPrs to a
committee to work with Wright County on cost Shari na
on the County Road 37 realignment project r
i. MLDCO lst Addition drainage question
Berning madp a motion to approve the agenda as amended. Anderson
seconded the motion. All voted aye.
VPtsrh made a motion to approve the minutes of the June 5,
1995, regular Council meeting, the minutes of the June 19, 1995,
Joint Council meeting with Otsego, and the minutes of the June 21,
1995,.special Council meeting as presented. Muyres seconded the
motion. All voted aye.
Muyres made a motion to approve payment of Check Vs 9448
through Check 495oo as presented. Anderson seconded the motion.
All voted avp.
Mayor PottPr asked if anyonp in attendance wished to address
the C.ounci 1 . nniia Psyk has twn concPrns to addrpss. HP crnpsti onpd
when the hlacktop on 54th Street whPrP the watermain had hPen
repaired was schPdulPd to hP replaced. The Coiinci1 dirpr.tpd the
maintPnancP dpnartment to rppair the street as Bonn as Doc,Gihjp
Psvk also q,lPsti onpd whpthpr a nprmi t was nPC"P.ssarV to fi 1 1 in
a di tr,h _ According to Psvk snmeone i s filling in the ditch heyond
hi s 6th Addition where the 1 imi tPd outfal l outlets. The. Collor-i 1
directed FnainpPr Carlson to chpr.k the area regarding the
c.ompl ai nt .
Bernng made a motion to approve the Financial Statement for
the period May 3o --Ti.ine 27, 1995, as presented. Anderson seconded
the motion. All voted aye.
Berning made a motion to accept the pledged security e.ffer.ti_ve Tune 13, 1995, from Security Bank Northwest. Anderson seconded the
motion. All voted aye.
Jeff and Shelley Rursch addressed the Council for the second
timpconcerning the berm in their hackyard. The Burschs feel that
the developer should he responsi hl e for removing the berm as it
appears on their survpv.
AT.RF.RTVTT.T.F. CTTV CnTTNCTT.
July 3, 1 995
PaaP 9 of F
City Engineer PPte Carlson has visited the site and reported that
the berm is fairly substantial and was prior to the home
construction. Carlson does not feel there was enough dirt
excavated from the hasempnt to create the berm. The developer_,
Kent Roessler, has also visited the property and has indicated that
the berm existed before construction of the home began. City
Administrator Hale reported that he has had discussions with the
City Attorney, who indicated that this is legally an issue between
the property owner and the developer and the City should not be
involved.
Muyres made a motion directing the City Attorney to draft a
letter to KPnco,. Tnc., and request a written response to the
concerns raised by the Rurschs. Anderson seconded the motion. All
voted aye_
Mayor Potter removed hi►nRPlf from the Cnuncil and turned th*-
meeting Over to Acting Mayor RPrning. RPrnard Marx told the
(7011nnil that the Marx DropertiPR have R-9 additional acres of
wPtlandR that they feel the City iR rPsponcihlP for creating.
Bernard Marx addYPRRPd Rolrltions to the prohlPm in a letter dated
,Tune 13; 1995. Engineer Carlsnn has looked at the property and
i ndi c.atPd that cleaning niit the ditch and 1 nweri na the r.-W vert.
under the railroad tracks; as Marx has RiiggPstPd, may or may not
resnlvP the pr.ohlem; hot it still may he the hest. option.
Anderson mad*- a motion directing the engineer to provide a
solution and options for the Council to consider at the next
regular meeting. MuyrPR seconded the motion. All voted aye.
Mayor Potter resumed his duties as mayor.
The
construction
Council
of
reviewed the cost
a 250'
estimates provided for
Fngineer
Carlson
wooden guardrail. along 50th Street.
does not recommend a "guardrail"
rather a
"pedestrian
handrail". Carlson
as such, but
estimated that a two -rail,
one and one-half
wo'l l d cost a rrnlnd
inch steel pipe, 42'
$ 5 , 000 .
high pedestrian handrail
MuvrPs made a motion to have Carlson prepare several options
and cost Pstimates for the Coiinci 1 to consi dPr at the next regular
meeting. AndPrsnn seconded the motion. All voted avP_
Rnginper Carlsnn explain-1 that the Corns of F.nainPPrs has
issued a permit for the Rarthel T)rive Stnrm Sewer Tmproiroment
prn]Pf't HnwPVPr; the T)enartmont of Natural RP.^,nurcPR (T)NR) l R
r*-aueRt; nC7 additional allrvPy wnrk nn the wet 1 and area north of the
railroad tracks to dPtPrmi ne if the 1 nwPri ng the. r'W N/Prt ]andPr
Rarthel Tndustri al nri ve wolll rl he henefi cri al Carlsnn hel i PveR
lowering that c111 vert w011l d eliminate havi nrr to ditch hehi nd
AT.RF.RTVTT,LF. CITY COUNCTT.
.7111 y 3 , 1995
Page 3 of 6
Franklin Sian. The additional survevina work wrnlld add
approximatPly $?,000 morp to the prnipct cost
Carl --or) cnntinupd to Pxplain that the drainaap problem was
initially rrpatpd when Frankfnrt Township rpplarpd a broken the
line nriainally 18" in rliamptpr with an R" line. We and Pete
Raatikka: Frankfort Tnwnship's PnainpPr: have discussed the
situation and Carl son tlrapd Raatikka to di sr-uss rppl ari ng the R"
line with another 1R" linp to PliminatP the drainaap prohlpm.
Apparpnt 1 v the Frankfort. Town Board i s 11nwi 1 1 i na to do that unl Pss
the City of Al hertvi 1 1 e is willing to pav the costs . Carlson added
the r.ost of rppl aci na the ti 1 p line with a 1 arapr pine is ahnnt
half of the prnipr.tpd stnrm spwpr r.osts.
Miiyres, made a motion directing Carlson to draft a letter
nrltlinina his findings regarding the prohlpm and the solution to
the Frankfort Town Board and to requPst. a written response from the
Board within 30 days. A meeting can then he set with
representatives from Frankfort and Alhertvillp to discuss the
options available. Anderson seconded the motion. All voted aye.
Carlson reported that C.ollnty Ditch #9 has a high spot in the
middle that prevents the water from flowing thrcntgh the ditch. He
helipves the clean -out is a City project. Commissioner Judie Rose
explained that the City npedG to make a formal request to the
C.oylnty Auditor to r.l can out the ditch without an assessment to the
ahtttti na propprty owners. NnTF.: Thp County Board has juri sdi.cti on
and needs to formally art on the request.
Carlson had not ViPWPd the drainage prohlpm rpportpd in the
Rpalldry's ?nd Addition. Mrlvrps madp a motion to tahlp further
di srllssi nn until Carl son has sp-n the area and ran repnrt to the
C.rnlnr.il Anderson ser.nndpd the mntinn_ All vn1-.od avA
r arl son rpnnrtad that tha rri }'v of Al hprtvi 1 1 A has adpauatp
capacity at the wastpwatp,- treatment facility to handle 5.000
gal 1 ons of uOaste from two rpsi rlpnti al dptrpl nnmpnts in r hp Ci tv of
St. MirhaPl Carlson rpcnmmPnded that the waste he discharged into
the mnst Pnsterly pond at the wastewater sitp. Raqprl on hia
ralcrtlations, a charap of 87.50 ppr thousand gallons disrharapd
would he a fair and equitable rat; to charap the developer.
Pottpr madp a motion to acr`ppt t.hP Pnainppr's recommendations
and anthori7.e the attorney to draft a formal agreement hptween the
dPvPlopPr and the City to allow 5;000 gallons of waste per day to
hp di.schargpd into the City's wastewater treatment facility until
the City of St. Mir.hael's Pxpansion of their wastewater treatment
facility is complptpd at a rust of $2.50 per thousand gallons.
VPtsch spr.ondpd the motion_ All voted aye.
AT,RFRTVTT,T,F CTTV (°nUNCTT.
Jilly 3, iQQi
PACFP 4 of F
Carlson rPpnrtPd that he has SPnt a memo and a man of the
proposed TTrhan SPrvi r.P AYPn to both Frankfnrt Townshi n and'the C.i ty
of OtsPan.
Mavor PottPY rPmovPd himsPl f frnm the Counri 1 and the meeting
continued with Acting Mayor RPrning conducting the meeting.
Fnaineer Carlson has pot, together estimated costs to extend
the sanitary sewer line to the Omann Brothers property. Total cost
iS estimated around $40,000. Omanns have agreed to pay the
construction costs if the City relocated the manhole on County Road
19 to the ditch right-of-way and the legal and engineering fees
(approximately $9,f300-$10,000). The City ,Tidy
to have the
other henPfitting property owners (Bernard'A Roden and Otsego
Tool) enter into an agrPPment to nay for those costs. At this
point, it seems nnlikPly that. the nther property owner, are in
aarPPmPnt. RoHons hairP an option contract for the Sale of their
prnnerty and the option hnldPr (("nhen T)PVPlnnment Company) is
nnwillina to pay the r.nsts.
Anderson mane a motion authnri-zing a pot-tn-exceed amount of
$',;000 aS the City sharp to hA i)RPd to rPloratP the manhnta from
its current location in Crnmt.v Road 19 tot hP ditch in right-nf-
way. VPtsrh ePrnndPd the motion. Anderson. VPtsrh and - rina
vntPd ayP M11yreS VntPd nn The motion carried.
Anderson made a motion to have the property nwnPrs meets with
the city Pnaineer and attornPy to draft an aareemPnt for the
payment of the other costs of constructing the sewer line to the
nmann Brothers property and anthorivina the city administrator and
the acting mayor to nffir.ially apprnvP the agreemer
agreement. VPtS.h
SPr.ondPd the motion. Anderson, VP1-srh and RPrning voted aye.
MuvrPs vnted no. The motion carried.
Mavor Potter returned to his position on the Council and
r.ondurtPd the meeting.
Anderson made a motion to offer the former water tower site
for sal P aS is through Seal Pd bids, retaining the right. of refusal
on anv and all bids. The City Attorney will be contacted for
advise. on the Sale nrorPdurP.s. VPtSch SPr.nndPd the motion. All
voted aye.
M11VT PS made a mot -ion nn to withhold thhnl d ar.r.entanre of the 1 994 Audi t
Rennrt until the management letter iS rPreived. snhmit the rPnnrt
aS iG to the Gtata A>>ditor's Offir.P, and withhold payment to
Rahrnrk, T.anr.hPi n and r'omnanv for nrPnarati nn of the -1 t anti l
the manacYPment 1pttPr ;¢ rerAived. AndPrenn sernndPd the motion.
All Trot Pd a vP
AT.RF.RTVTT,T.F. CTTV COTTNCTT,
July 3. 1WS
Paae 5 of 6
AndPYsnn made a motion to r(-cnmmend the Finance Commi t t e(- set
a meeting with the administratnr and the clerk to research how to
fi nanc.P the updating of the Comp Plan and to authori RP the first
two steps in the 1lpdatP at this time. Muyres seconded the motion.
All voted ave_
MuyrPG made a mot -inn to a('rPnt the request. frnm Mi kP Rutkowski
to return to work and to tahl e the dPr.i si nn to have Rutkowski
return to work anti 1 the C.i tv has rec-ei vPd a hill rel P.asP 1 Ptter
from Rntkowski's dnrtor. FnrthPr, the PPrsnnnPl CommittPP will set
a mPPti ng to di ^.n11ss the si trlati nn and devPl on the c.ri tPri a for a
inh anaiyais with an (-rgnmvnPtr;r S1lrvev which must hP Sicxned off
by th(- dnctor prior to Rntknwski'c return to work Potter sec.ondAd
the motion. Ail vntPd ?�+(-
•711di P Pe—P aryl SharrV RPYni n(Y; Yenrr�GPntl nC7 the F'r.nnnmi r.
T1Pv(-1 onm(-r.* Party(-rshi p of Wri cxh* County; rPnnrtedJ on the nrocrram
anti i tq Y>Yn(7r^�� - `
Potter made a motion to remain a memher of the Partnership at
a enst of 55nn for 1 Q9F d11eS. M17VrpG sec nndPd the moti nn. Al 1
Voted ave
M11vrps made a motion to table di GC'11.ssi on nn the. Yed1lC-tl on in
K(-nr.o' S 1 PttP.r of c!YPdi t Unti l the nPXt rPaul ar meeting When more
information will he availahlP nn status and completion. Vetsch
sec-nndPd the mntion. All voted ave.
R(-ruing made a motion to have the Pngineer review the Locust
C,nurt drainage prnhlPm and make a repnrt for the next regular
meeting. Anderson secnndPd the motion. All voted ave.
Anderson mad(- a mntion direc-ting that,. a letter he sent to
KPnr.o, Tne. recpH ring that the Kenc-o aclverti si ng sign hp removed
within two weeks: sinrP all lnts have hPPn Sold. M11vrPs Seconded
the motion. All IrotPd ave
The Connc.iI cnnsidPrPd the Findings- of Fact and the
rPrnmmendatinn from the planning C".nmmisSinn to aUnrnVP a PTTn 7onP
for the nPnniS FPhn nrnnPrty. Sinn-P FPhn and the Council wPrp
unsure of the 1nnavagP detai1;ncr the Sa1P of the home portion of
TtPm #F in tha F;ndinrJG of Fart. Anderson made a mnt;nn to tahlA
further di cr,lSsi nn unti 1 th(- r,nvt rpCfi11 ar mPPt; na sn th(- GR11P can
hP rI ar; fi Pd. R(-rnine+-eCnndarl tI p mnt; nn _ Al 1 irntQri ave
IfPtS(-h made a mntinn i-n wa; TrP thg rA(7+'; rrPmPnt r(-Ct1,i ri ncx FPhn
to rPimh„rsP the City for the PxpPnSPc inenrrPd by the r-i tv P1 annPr
hPranSP FPhn did not 1'eailPGt the DTTr) �nni ng but rather the ("i tv
Yet711PSted that to hP in r.onfnrmanc-e with Citv's nYdinanC.PS, the PTTT)
�� was npePSSarv, FPhn acxYee.s to pay 5n`1a of the. legal fPPC lnVolVP.d
AT.RF.RTVTT.T.F CTTV CnTTNCTT.
JiTly 3; 1995
fi Paap of F
in the rp?nne MTT�TrPs GprnnClAr1 the mnti nn, A? 1 ,rntprl hum
Mavn*- Pnttpr t�rpcantarl the trnnhi pS and nffi r�i aT nnrtrai t of
the A1hPrtvilip Rnvalty to the Cn,inr l
ThP CnTTnci 1 rpVi Pwpd the l etfaY from .7anpt RPrni nct rpgTipstincT
that the CoTTnci 1 r.nnci dpr sptti ne7 a curfAw for vnrTng rpsi dpnts ,
Thp C.onncil rlirpr.tpd *he adminictratnr to apt informatinn on what
ordi naneps the City may a 1 rPady have in of ar..
and to work with the city of ntsegn reaardi ng P dpa 1 i na with rurfpws
the curfPw gTTPsti nn .
Anciprsnn madp a motion to appoint Mike PnttPr and T)uanp
RPrning to a rommit.tPe to work with staff and Wright CorTnty
nfficials to dPVPlop a cost -sharing method for the realignment of
C.nnnty Road 37. Vptsch spcondpd the motion. All voted aye.
ThP Cniinci1 agrepd to pstahlish a Public Works Commi.ttpe
meeting monthly on the spr.ond Monday of Panh month at 3:30 PM to
make re(-ommpndatinns to the full council.
Fnginppr Carlson rpportpd that the grading on Lot 1, R1oc.k 1.
MLT)C O 1 et Addition is imprnppr and doPs not drain as dPsi cYnPd . ThP
.� hompownpr would likP to havP t.hp area aradpd sn that it drains.
('Arlson has visited the citp and statPd hP fPelR the grading was
not done nrinr to the GaIP of the rronprty. The T)eveln;pr's
Agreement. -pa»i rPs the gradi na he r•omnl etPd by the rlpvelD oer.
M17Vra^ ,1 dP a mnti nn di rp(7 i na t)nA ri tv AttornP, to RPnri n ? pt_tPr
to the dpvpl nnAr arltii .ei nrT him that t*,p aradi my mTTet hp cnmpl Ptpd
Andpre-nn sernnriFd the mnti r,r . All ,rntP(i aVe.
Andpre;nn made, a ranti on to adi-,,Trn at 10:n5 PM. M„vres
Ge(°ondpd the mntion. All vntprl avo.
Mir.haPl Potter; Mayor
11;_1_x4ia4 Lzz_
T,inda HoTTgh on, Cl k
ALBERTVILLE CITY COUNCIL
June 5, 1995
Albertville City Hall 7:00 PM
PRESENT: Councilmembers Sharon Anderson, Curt Muyres, Duane
Berning, and John Vetsch, City Engineer Pete Carlson, City Attorney
Mike Couri, City Administrator Garrison Hale, City Clerk Linda
Houghton
Acting Mayor Berning called the regular meeting of the
Albertville City Council to order.
The agenda was amended under New Business as follows:
X. Westwind Park discussion
Muyres made a motion to approve the agenda as amended. Anderson
seconded the motion. All voted aye.
Vetsch made a motion to approve the minutes of the May 1,
1995, regular meeting and the May 24, 1995,- special meeting as
presented. Muyres seconded the motion. All voted aye.
Anderson made a motion to approve payment of Check #'s 9376-
9426 as presented. Muyres seconded the motion. All voted aye.
Acting Mayor Berning asked if anyone present wished to address
the Council under Community Forum. Rernie Marx presented a sketch
plan of a proposed plat and asked for Council input. The consensus
of the Council was to refer the matter to the Planning Commission.
Muyres made a motion to approve the Financial Statement for
the month of May as presented. Anderson seconded the motion. All
voted aye.
Muyres made a motion to accept a $235 donation from the
Albertville Jaycees to be used to rant n 4e-ce
nr.ria.. .. .] 1 - -; - - -- -. - vim. -. r pal
rl .
. .�+.,:. Oeconllel.l Lhe motion. All voted aye.
Muyres made a motion to approve a 3.2 Non -Intoxicating Liquor
License for the Albertville Jaycees on June 10, 1995, at the St.
Albert's Parish Center. Anderson seconded the motion. All voted
aye.
Muyres made a motion to approve a 3.2 Non -Intoxicating Liquor
License for the Albertville Lions for June 9, June 10, and June 11,
1995, with each day's license expiring at 12:00 midnight. Anderson
seconded the motion. All voted aye.
Kathy Adams, representing the Central Minnesota Initiative
Fund, gave a presentation on the fund drive being conducted. She
requested that the City of Albertville pledge $3,000 to CMIF. The
McKnight Foundation will match all funds pledged before June 30,
1995. Adams explained that actual payment of the pledge need not
be made until 1996.
ALBERTVILLE CITY COUNCIL
June 5, 1995
Page 2 of 8
Anderson made a motion to table action on the request for a
pledge until the July meeting. Muyres pointed out that in delaying
action to July, CMIF will lose the matching funds from the McKnight
Foundation. Anderson withdrew her motion.
Muyres made a motion to table discussion of the City's pledge
to the end of this meeting. Vetsch seconded the motion. All voted
aye.
Acting Mayor Berning opened the public hearing on the
modification to the TIP District #5 budget at 7:40 PM. City
Attorney Couri explained that the Council is considering
reallocating the monies in the budget only and that in amending the
budget no additional funds will he gerPrated.
Berning called for comment from the public. No one present in
the audience commented.
Anderson made a motion to close the public hearing. Muyres
seconded the motion. All voted aye.
Anderson made a motion to approve RESOLUTION #1995-34
entitled FINDINGS OF FACT TAX INCREMENT FINANCING DISTRICT #5.
Muyres seconded the motion. All voted aye.
Acting Mayor Berning opened the public hearing to consider
amending the budget -and to increase the amount of tax increment
captured in TIP District #6. Along with the amendment of the TIF
#6, the Council will consider a Conditional Use Permit for the
Fraser Steel Building Addition and a Supplemental Development
Anragam.0"t With FraSar
City Attorney Couri reviewed the amendments proposed for TIF
District #6. An additional $48,000 will be captured in tax
increments which will be passed through to Fraser Steel over the
remaining life of the TIP District. Couri also reviewed the
Conditional Use Permit and the Supplemental Development Agreement
with the Council.
Acting Mayor kerning asked for comment from the publ ic. There
was no public comment.
Muyres made a motion to close the piihlic hearing. Anderson
seconded the motion. All voted Rye.
Anderson made a motion to approve the Supplemental Development
Agreement with Fraser Steel as presented•. Vetsch .seconded the
motion. All voted aye.
ALBERTVILLE CITY COUNCIL
June 5, 1995
Page 3 of 8
Muyres made a motion to approve the Conditional Use Permit for
Fraser Steel as presented and requiring a. 75% Letter of Credit in
the amount of $15,000 from Fraser Steel to insure the improvements
are constructed. Anderson seconded the motion. All voted aye.
Vetsch made a motion to approve RESOLUTION #1995-35 entitled
FINDINGS OF FACT TAX INCREMENT FINANCING DISTRICT #6 as presented.
Muyres seconded the motion. All voted aye.
Bernie Marx addressed the Council concerning the increased
area of wetlands on the Marx properties. He believes that the City
is responsible for the additional water on the property and has
requested that the City pay for the damages to the property.
Attorney Couri told Marx that he must show that there is an actual
increase in the wetlands on the property, as well as proof that the
City is responsible before the Council will act on his request.
Muyres recommended that Marx draft a letter outlining his
concerns and suggesting how the City can solve the problem.
Anderson made a motion to table further discussion until the
Council receives the letter from Marx. Muyres seconded the motion.
All voted aye.
Muyres made a motion to approve the Agreement for Use of Alley
with Security Bank Northwest as presented. Vetsch seconded the
motion. All voted aye.
Muyres made a motion to tahlP action on the Request for
Approval for Sale of Tax Forfeited nand Parcels from Wright County
ew4-4f-0 eA It -A P---- e+e.+-rii e/i t{�e mn}i nrs
At t vote(i aye .
The Council reviewed the r--miest to release the Letter of
Credit for Psyk's 5th Addition. Attorney Couri advised the Council
that prior to the release of the letter of credit, Meyer-Rohlin,
the project engineer, should present more specific information
concerning the completion of all streets, sewer, water and storm
sewer and certifying that all improvements meet the requirements as
set forth in the plans and specs. Meyer-Rohlin also needs to
verify that all boulevard improvements as required in the
Developer's Agreement have been met.
Muyres made a motion to approve the release of the letter of
credit for Psyk's 5th Addition, contingent upon certification from
the project engineer that all improvements have been installed per
plans and specs and final review by City Engineer Pete Carlson.
Anderson seconded the motion. All voted aye.
n
AI.BERTVILLE CITY COUNCII,
June 5, 1995
Page 4 of 8
Jim and Dave Omann addressed the Council concerning what they
consider to be excessive fees from both the planner and the city
attorney relating to their project. The storm water connection fee
was also an item of concern. The Council explained that the fees
charged to the project were simply development costs to be borne by
the developer. The storm water connection fee is calculated on a
formula developed in 1989 and is charged to all properties within
the City.
Omanns explained that a pole building that was on the property
has been saved and they would like to move the building to the back
of their property for additional storage. The Council advised
Omanns to address the issue with the Planning Commission and the
building inspector.
Omanns also discussed extending the sewer down County Rnad 1.9
to access their property. The Omanns are willing to pay
constriictior. costs of the project if the City would enter into an
agreement to rei mblirsP the cnGt of moving the manhole. The Council
directed Omanns to meet with the cifiy engineer, the city attorney
and the city administrator to discuss the feasibility of the
extension.
Chuck Mason told the Council that since the construction of
50th Street his lift station pump has continually burned out. He
believes that the problem is somehow related to the construction of
the street. Acting Mayor Berning told the Council he would like to
see a report from both Mayor Potter and Ken Lindsay who were both
on site at the time of the initial problem. The Council asked
Mason to present a letter detailing the chain of events leading up
tC }him hi a asawe.r nrnhI ^M4t _ tinnn rAceint of this
7 - _ _
letter, City Administrator Hale is directed to contact Meyer-Roniin
to'discuss the situation.
Several residents explained that one property owner in
Beaudry's 2nd Addition has hauled in 12 loads of fill to his
backyard and it has now created a drainage problem for the several
other homes. Anderson made a motion directing City Engineer Pete
Carlson to check out the area and report back to the Council.
Muyres seconded the motion. All voted aye.
Wright County Commission Judie Rose discussed concerns over
the. drainage through County Ditch 9 with the Council. Rose also
distributed current plats and aerials related to County Ditch 9.
Discussion ensued over drainage areas, and Rose met in the
conference room with two local residents (Mr. Heuring & Mr..
Zachman) to discuss specific areas. There was no Council action
requested at this time.
ALBERTVILT.E CITY COUNCIL
June 5, 1995
Page 5 of 8
Muyres made a motion to table discussion on the -ball field
lights. Anderson seconded the motion. All voted aye.
Muyres made a motion to receive the 1994 Audit Report and to
table approval to a later date. Vetsch seconded the motion. All
voted aye.
Judy Roden requested that the Council table action on
resolution #1995-32 at this time. Muyres made a motion to table
the matter indefinitely as a premature action. Vetsch seconded the
motion. All voted aye.
City Engineer Pete Carlson reviewed the revised Urban Service
Area boundaries with the Council. The Urban Service Area is broken
into two districts --the Western District and the Northern District.
Carlson advised the Council must basically consider the boundaries
determined to be the Urban Service Area to be cast in stone and not
changeable. Carlson also presented Trunk Sanitary Sewer Charges
calculated based on the revisions of the boundaries of the service
ares. The Western District would require a Trunk Sanitary Sewer
Charge os $1300 per acre and the Northern District would require a
Trunk Sanitary Sewer Charge of $1500 per acre.
Muyres made a motion directing Carlson to send a copy of the
map of the proposed Urban Service Area and a letter explaining the
Urban Service Area to both the City of Otsego and Frankfort
Township for their review. Anderson seconded the motion. All
voted aye.
Carlson has examined 51st Street and feels the street should
},o naav-1=iA at a minimum. this atrpsat moat he seal -coated. If
i L.i- .. .�.....� ..l +. L.: .. ��...� ...V-� ss_s4 �e v411
rav �. a411 ng 1; 3 donc at ..h z ...emu..., ... �
required in the future.
Muyres made a motion referring the issue to the Public Works
Committee for their recommendation. Anderson seconded the motion.
All voted aye.
Carlson has examined the retaining wall on 50th Street and
reported that a pedestrian handrail is necessary. Muyres made a
motion to refer the issue to the Public Works Committee for their
recommendation on the type and length of pedestrian rail to
install. Anderson seconded the motion. All voted aye.
Ralph Munsterteiger addressed the Council and asked them to
consider selling approximately 5,000 gallons per day use of the
wastewater treatment facility starting in October and going through
February of. 1996. The City of Monticello is currently selling
Munsterteiger use of their plant but that plant is now nearing
capacity and will not be available beyond Munstertieger's current
ALBERTVILLE CITY COUNCIL
June 5, 1995
Page 6 of 8
contract period.
Muyres made a motion to have Engineer Pete Carlson provide
information on the impact to the wastewater treatment plant and the
costs to be charged if the proposal is to be considered. Anderson
seconded the motion. Dnring discussion, the question of who is
responsible for payment of the engineering services required was
brought up. Muyres amended his motion to include that all City
related costs would be reimbursed by Munstertleger. Anderson
agreed to second the amended motion. All voted aye.
NOTE: Mr. Munstertieger contacted City Clerk Linda Houghton on
Thrusday, June 8, 1995, by -telephone and requested that further
research into the matter be tabled at this time.
Anderson made a motion to table discussion of the
recommendation from the Planning Commission to proceed with the
updating of the City's Comp Plan until Mayor Potter provides
information regarding the plans for the CMIF grant monies. Muyres
seconded the motion. All voted aye.
Jeffrey and Michelle Bursch addressed the Council regarding
the berm in their back yard on 62nd Street. According to the
Bursch's, the berm's size has increased because the dirt from
several basements have been added to the berm. The berm prevents
the water from draining and they are experiencing a wet basement.
Anderson made a motion to refer the concerns to the City Attorney.
Muyres seconded the motion. All voted aye.
Anderson made a motion recognizing Volunteer Fireman Bill
Val erins for his service to the Wright Cotmty Chapter of Emergency
Afeiii n= 1 cArnnriArl t has mnt i nn All untPd Ave.
Anderson made a motion to approve the Public Works
Department's request to surplus and/or junk two window air
conditioning units. Vetsch seconded the motion. All voted aye.
Muyres made a motion directing the Planning Commission to
consider proposals from the City Plannpr for developing Westwind
Park. Anderson seconded the motion. All voted aye.
Anderson made a motion to approve RESOLUTION #1995-33
entitled WRIGHT COUNTY MUTUAL AID ASSOCIATION -JOINT AND COOPERATIVE
AGREEMENT FOR USE OF FIRE PERSONNEL AND EQUIPMENT as presented.
Berning seconded the motion. All voted aye.
Vetsch made a motion to approve RESOLUTION #1995-30 entitled
A RESOLUTION ESTABLISHING A ZONING FEE SCHEDULE AND ASSOCIATED BASE
FEES) AND ESCROW DEPOSITS EFFECTIVE AS OF MARCH 20, 1995 as
presented. Muyres seconded the motion. All voted aye.
ALBERTVILLE CITY COUNCIL
June 5, 1995
Page 7 of 8
Vetsch made a motion to approve RESOLUTION #1995-31 entitled
A RESOLUTION ESTABLZSHTNG GARAAGF/RRFUSF, COLLECTORS LICENSE FEES,
INSURANCE REQUIREMENTS AND REFUSE COLLECTION DAYS FOR ORDINANCE NO.
504 as presented. Muyres seconded the motion. All voted aye.
Anderson made a motion to recognize the receipt of the State
Demographer's 1994 Population and Household Estimates and directing
the City Administrator to proceed with a challenge of the report
findings. Vetsch seconded the motion. All voted aye.
Muyres made a motion to accept the resignation of Diane Vinge
from the Albertville EDA. Anderson seconded the motion. All voted
aye.
Muyres made a motion to schedule a special meeting with the
Otsego City Council on Monday, June 19, 1995, at 7:00 PM at the
Otsego City Hall to discuss annexation/detachment issues as
requested by the Municipal Board. Anderson seconded the motion.
Muyres, Anderson and Vetsch voted ave. Rerning voted no. The
motion carried.
Vetsch made a motion to apprn.re RESOLUTION #1995-33 entitled
APPOINTMENT OF MAINTENANCE WORKER I ae presented. Anderson
seconded the motion. All voted aye.
Muyres made a motion to approve the request to open the Park
Ride for the bands participating in the Friendly City Days Parade
on June 11, 1995. Anderson seconded the motion. Muyres, Anderson
and Berning voted aye. Vetsch abstained. The motion carried.
The Council discussed the location of the mail boxes on the
Main Avvan ttra aieiawn1Ir in frnrnf of }}1e Ona* nffirno Imom"?-
--- -- ---- ----- ---•- --- ------ -- ---- --__ _------ mdam"?-
Vetsch expressed expressed concerns that the mailboxes represent a safety
hazard to residents who use the wrong side of the street for
mailings. The council directed the administrator to check into the
mail box concerns.
Anderson made a motion to set a special Council meeting to
consider acceptance of the 1994 Audit Report and to interview
auditing firms for the years 1995-1997 for June 21, 1995, at 7:00
PM. Vetsch seconded the motion. All voted aye.
Vetsch made a motion to appoint Councilmember Anderson as
Acting Mayor_in the.,absence of both Mayor Potter and Acting Mayor
Berning. Muyres seconded the motion. All voted aye.
Anderson made a motion to tahiP discussion of a contribution
to the Central MinneGota TnitiativP Fund (('.MTF) at this time.
There was no second to the motion and the motion died.
ALBERTVILLE CITY COUNCIL
June 5, 1995
Page 8 of 8
Vetsch made a motion to donate $1,000, payable in 1995, and
$1,000, payable in 1996, to CMIF. Vetsch revoked that motion
before it was seconded.
Muyres made a motion to pledge $2,000 to CMIF--$1,000 payable
in 1996 and--$1,000 payable in 1997. Vetsch seconded the motion.
Muyrt+s, Vetsch and Berning voted aye. Anderson voted no. The
motion carried.
Anderson made a motion directing City RnginePr Pete Carlson to
check into the drainage problem with County Ditch #9 and siibmit a
report on his findings to the. Ccninni 1_ . mliyrec seconded the motion.
All voted aye.
Muyres made- a motion to adjourn at 10:50 PM. Anderson
seconded the motion. All voted aye.
Duane Berning, Acting Mayor
Linda Houghton, City Clerk
a�
CITY OF ALBERTVILLE
CITY OF OTSEGO
JOINT COUNCIL MEETING
June 19, 1995
Otsego City Hall 7:00 PM
PRESENT: Mayors Potter and Freske, Councilmembers Anderson,
Muyres, Vetsch, Ackerman, Black, Fournier and Heidner
ABSENT: Councilmember Berning
OTHERS PRESENT: City Administrator Hale, City Clerk/Zoning
Administrator Beatty, Consulting City Planners Dave and Dan Licht,
Minnesota Municipal Board Executive Director and Meeting
Facilitator Merritt
Jointly both mayors convened the special meeting for the
purposes of considering issues of mutual concern to include
detachment/annexation of property and in keeping with a Municipal
Board "memorandum" dated June 2, 1995, involving M.S.414.01,
Subdivision 16. There will be a minimum of three meetings over a
sixty day period with possible extensions as required to resolve
the issues pending before the board.
Terry Merritt, serving as meeting facilitator, outlined the
Municipal Board's desire to see the communities work out their own
issues so as to avoid ongoing border disputes and the expenditures
of public funds relating to the annexation issues.
Merritt went on to explain that an outline of community
services and goals with input from affected property owners would
be desired.
Merritt opened discussion on what could be done to move
forward.
OPTIONS:
1. Do nothing - no boundary changes
2. Do not settle differences
3. Merger/Consolidation
4. Joint Powers Agreement
5. Service Contracts
6. Private Service Contracts
7. Subordinate Service District
Terry Merritt asked for questions/discussion. Consensus of
the councils was to schedule the second meeting Thursday, July 13,
1995 at 7:00 PM in the Albertville City Hall. the facilitator and
city clerks/administrator will put together an agenda and packet.
Facilitator Merritt adjourned the meeting at 7:37 PM.
1
ALBERTVILLE CITY COUNCIL
SPECIAL MEETING
June 21, 1995
Albertville City Hall
7:00 PM
PRESENT: Mayor Mike Potter, Councilmembers Sharon Anderson,
Curt Muyres and John Vetsch, City Administrator Garrison Hale, City
Clerk Linda Houghton
Mayor Potter called the special meeting of the Albertville
City Council to order.
Hale explained that he had requested an extension from the
State Auditor's Office for submittal of the 1994 audit report. Due
to the absence of Councilmember Berning and the fact that an
extension has been requested, Muyres made a motion to table
approval of the 1994 Audit Report until the July 3rd meeting.
Anderson seconded the motion. All voted aye.
The Council reviewed the Sewer Installation Agreement drafted
by City Attorney Couri to extend the sanitary sewer line from the
existing manhole on County Road 19 to the north to Omann Brothers
property and the Otsego Tool parcel. Omann Brothers are willing to
pay all construction costs to extend the line, provided they are
not responsible for the engineering or legal fees involved, or the
cost of moving the existing manhole. Couri has been in contact
with the other two property owners who will be affected --Bernard
and Judy Roden and Otsego Tool --to discuss their willingness to pay
for the moving of the manhole and the engineering and legal fees.
Neither the city engineer nor attorney were present at the
meeting to answer questions raised by Bernard and Judy Roden
regarding the exact costs to be borne by them and/or the potential
purchaser of their
Jim Omann asked the Council if Omann Brothers would be
required to pay the SAC fee even if they paid for the extension of
the sewer line. Mayor Potter indicated that the Council would
consider and exemption, but at this point the question was
premature. Omann and the Rodens also discussed an exemption from
the trunk access fee. The Council concnirred that all details
should be written in the agreement in order to clarify all terms.
Muyres made a motion to table the matter until all parties to
the agreement can meet with the city engineer and attorney to
refine the agreement. The Co7mcil will consider the matter at the
July 3rd meeting. Anderson seconded the motion. All voted aye.
Muyres questioned if the legal fees involved with advising
individual parties to the agreement would be billed to the property
owner. Administrator Hale stated the legal fees associated would
be billed to the property owners.
ALBERTVILLE CITY COUNCIL
June 21, 1995
Page 2 of 2
Administrator Hale reviewed the procedure for interviews
conducted with the audit firms. Finance Committee Member Muyres
would conduct the actual interview, based on the questions provided
to each of the interviewees. Other Councilmembers could request
clarification or ask additional questions.
The Council interviewed each of the following auditing firms:
Gruys, Borden Carlson & Associates; Abdo, Abdo & Eick; Kern,
DeWenter, Viere, Ltd.; Babcock, Langhein & Company; and Tautges,
Redpath & C:omDanv as sche-duJe-d.
Following the- i_ntarviews.. each i.nte-rviewer ranked the audit
firms.
Potter made a motion to enter a contract for the City's annual
audit for the ye-ars 1995, 1996, and 1997,_with Kern, DeWenter,
Viere, Ltd. and to authorize. the mayor to sign the contract in the
form of an engagement letter. Audit costs by year are as follows:
1995 - $6,100; 1996 - $6,300; 1997 - $6,500. Muyres seconded the
motion. All voted aye.
Muyres made a motion to adjourn at 10:15 PM. Potter seconded
the motion. All voted aye.
Michael Potter, Mayor
Linda Houghton, City Clerk
CTTV OF ALBERTVTLI,F.
FTNANCTAL STATEMENT
May 3n - June 77, 1995
Reginning Cash Ralanrp Mav 30, 199.5
TNCOMF. (May 30 - J!)ne 77 )
!Building Permits
18,?65.97
Dng TA e-ensP
1 n _ 00
Interest (May)
5R,36
Loan Payment - Fraser
AR9.06
Park Rent
1.50.00
Sewer/Storm Water
9,166.60
Sewer T_A.cense
45.00
Special. Payoff
2,294.36
Title Search
70.00
TOTAL INCOME
EXPENSES (Apr. 26 - May 30)
Check Vs 9376 - 94?7
(approved 6/5/95) 37,138.52
Preapproved Checks ?3,069.49
(List attached)
30,748,95
TOTAL EXPENSES Fn,?OR.O1
Ending Cash Balance June 27, 1995
TNVF.STMF.NTS :
rn Ya??F - A1h, DevelnpmPnt Corp. matured 7/1/94
CD #8579 - matures 6/77/95 @ 1.25%
CT) #9719 - (Fire Dept) matures 0;/30/g5
rn 41n?34 (Lions) - matures 7/20/95 (d 4.77$s
CD #1.0155 (Fi.re Dept) - matures 7/21/95 @ 4,72%
CD #101.90 - matures 3/1/96 @ 7.0%
CD #10203 - matures 3/29/96 @ 7.0%
Piper-,TAffray Tnvestments (5/31 /95)
TOTAL INVFSTMFNTS
Money Markey Savings Acct. (5/31/95)
$ 71,71.0.99
41,914.10
9;970.Or,
169,557,97
?R.5nF.9?
14;69R.53
1.3;000.18
113,498.98
377,991.90
1,028,880.12
�1,752,099.60
478, 906.59
CITY OF ALBF;RTVTLLE
PRFAUTHORIZF.,D CHFCKS ISSUED
June h - ,Tune 27, 1995
Check
No. ----_ - Vendor
Reason
Amount
94?8
MN nPpt of Revenue
May Tncome Tax
972.0.9
9429
943f1
19ectiri ty Rank NW
Mav i~'crlara l ^'av
4 05R _ OR
9431
TTSCM Mi riwPSt
T1efPrrAH Comp
(i5. (10
9432
Wr. Co. Child Support
Pavrnll T)Pd11ntion
1R3.00
Payroll Period F,nding 6/13
P.1.325
(,'ary
1 , 001 _ 60
P1.326
Linda
847.90
P1327
Dave
336.36
P1.328
Ken
1,020.42
9433
City of Annandale
(lary's Insurance
309.00
9434
P.F.R.A.
5/31 - 6/13
362.61
9435
USCM Midwest
Deferred Comp
65.00
9435
Wr-. Co. Child Support
Payroll Deduction
183.00
9437
AT&T
Contract Maint.
83.55
943R
1-at Nat'l Bank of F.1 k River
(1n Tmn Bond
1 ')d1 1 7
9439 C10phor FtatP nnP rail
9440 (;rAVn HPa l th ; Tnrr .
9441 MN Copy SystemG
9442 Monticello, City of
9443 NSP
9444 Rockford State Bank
9445 Security Bank NW
SPrieG 1G92A
Mav T,o(-.
50.75
Fmp 1 oyee Hea 1 t h
492.80
TnGurancP
Ma; nt�nanr.P
193 03
May Animal Control
'243.00
Street Lights/
3,029.1.2
Regular Service
(10 Tmn Bond,
2,483.78
Series 1.992A
n0 Imp Bond,
2,483.78
Series 1992.A
9446 SP(nnrlty State Rank of
Maple Lake
9447 Wright Recycling
TnTAT, PRFAPPROVVT) RTT.T.S
rn Tmp Rond ,
Seri. p8 1992A
May Recycling
? ;483.78
R4?.00
$?3; 069. 49
e\
CTT7 nh AT.RRRTVTT.T,F
RTT.T•R TO RR PAT"
u1v 3, 1.995
Check No. �. Vendor
944P AIhPrtVi.l 1p A1ito Partg
9449 R P R pnnfinc+
9dFn
9451
94F7
9451
QdFA
4d5Ci
Q45F,
9497
n 9458
Q4Fq
g4Fn
Q4r,i
QQF7
9e.F3
Q4Fd
Rah(-ock, Lan_gbpi n Go
Barthel ; Albert
BergstrQm'9
Kerning, Duane
Bra lln ; Roh
rpntra1 Rivers
Chi n.ns . Charl
Cholli nar(i nffi ne Prod.
Crow River News
T)7 vPrSi f i Pd Tnspect i nn
.rW S Total Home (IRre
T)nT}'C At)tn 4Prttinn
pope!-Ri. t e
t+,-anirl in (�i1t[1o!1r Si_mr
gAFr. Hale; garrison
Q469 Heinen, Paul
94F7 Tinlmps A r4rairpn
Q49P M.A.R.A.C.
G4F+4 MP_.AlhA11SP, Kevin
Q470 Meiny's Diggers
Q471 Mi nnegaaco
Amount
S11ppl i P^, 17F 4n
Da�pi r (`j tLL* T.T?1 1 pnnf 17P 58
?994 Andi_t RPpnrt 4,4n0.00
Pi rgt RpSOnnrior 7S.00
RPpairg to Wee
rl whips 68.44
First Responder 75.00
First REQpnndpr 75.00
WPP8-killer
RMT Crnlrsp
Clampq fnr Map File.
u May Phlicati..ons
Trgpeetlnns
Mi. g n . Sltpp 1 i es
r�� /prnpA-t±A
Allzm & TPsti.ng
T. nnG Park Sign
911pp1i.es/Gas
TrMC CAnfP_rPnnp P.To .
First Responder
TTF Leaal Advin.p
Vi.rp Dept. Member-shi,
First Responder
,Tail RpmnvaI
Servi r!p
52.50
250.00
s 127.Rn
91.7.72
5,045.16
355,83
190.75
2 F$R.RP
1_ , 050 . nn
106.06
315.92
75.on
R7.50
p 25.00
75.00
1,700.00
55.F4
•
T\
9477
of 'p-Irr TIP
State T=qea
453, 44
9473
MN nff
(", ry
30.AO
Q474
Monti cel 1 o Tr�rral r•,•� �-nl
May 95
y
49.50
Qe'
NAC, Tnc ,
Mav RTrrvi. oe 3 , 29R . 96
947E
Offi r'e Max
Offs ce Supplies
1.14. 51
9477
Otsego, City of
Grading 3/73 - 5/16
725.00
9478
P.P.R.A. T,i_fe TnS,
T.inda
17.00
9479
P R.R.A.
Pay Period F/14-6/77
338.71
9480
Patts 66
("as
719,47
9481
Persian R>>si ness Fc,»i p .
Fax Machine
.195.00
94R2
Post Office
PnstagE►
300.00
9483
Radzwill Law Office
Jiine T,Pgal Service 1325.00
9484
Roden, Kenny
First Re4ponder
75.00
Q4R9;
Roden, Kevin
Fi.ret Responder
75.00
QaPF
Rogers, Mike
P'MT (`oursP
250.00
Q4R7
Ross, John
Mi 1 eagP - Fire School
49.30
94RR
San-'r'c+r+t Fnternrica�
Street R�aPpe�i`�g
26T1.(iR
948Q
Sectzri.*.v Rank NW
7.inp roe. Tars 7;
5R9, 63
9d90
Si7rrisp Plumbing
aur.et & Kevs
301.72
9491
United Telephone
Servi re
329.48
9492
TTR("M Mi dwest
T)eferred Comp
65.00
9493
Vetsch, Uave
First Responder
75.00
9494
Wacker, Rob
First Responder
75.00
9495
Welter's Inc.
Parts for Hustler.
5.R8
9496
Wr. Co. Child Support
Pay Period F/14-F/75
183.00
9497
Wr. Co. Sheriff's T)Ppt.
May 95 Police
R93,33
Q49R
Wr, Cn, TrPa�!1)rPY
Assessor 5,070,00
9499
Wulff. Rrian
7ar.hmain ; RPvi n
74 r-t RPaonndpr
First RPgpnndpr
TOTAL RTT.T.S
79;.nn
75.00
$3R,077.01
AAMERICAN
:. BANK..
Bond Investment Dept.
Phone-(6121298-6148
Members FDIC
SECURITY BANK NORTHWEST **
ST MICHAEL ATTN MARY MCGOWAN
BANCOMPUTER SERVICES, INC
3050 METRO DRIVE SUITE 214
BLOOMINGTON, MN 55425
AMERICAN BANK
NATIONAL ASSOCIATION
101 EAST FIFTH STREET
ST PAUL, MN 55101
New Pledged Security Notification
Receipt Number: 157000402 Account: 162356 Effective: 06/13/1995
The following securities have been pledged to:
CITY OF ALBERTVILLE MN
SUB PLEDGE VARIOUS
AMOUNT PLEDGED 2,130,308.40
FHLMC BALLOON M19049
0b . 500 YUYC: M19049 G
CUSIP: 31289KBSO
Maturity Dt: 10/01/1997
Rate: 5.5000000
Issue Dt: 10/01/1992
Face Amt: 3,000,000.00000
Par Amt: 2,130,308.40000
Such substituted securities are held subject to all the terms and conditions of the original Custodian Receipt for Pledged Securities
bearing the number set forth above. This receipt is not assignable or negotiable.
Signed in triplicate 19
�1
By.
S/fi"J,� 9O1-G'i/ 6N5 To
C�I)s,Ati o Ur plTc,v T�
C UG vF,-Fr vNOFi� ��/T, 7-1?,sl
1-6rw4-f C i`I' %C 6/ �3,¢ SlA, TG T 6,t- �E
aFF 7-H-F
/-6,✓rs
V 13 -7j-
AIfe 111:7,4
(:6c )
M E M a R A N D U M
DATE: June 22, 1995
TO: City Council
FROM: Public Works
Sv D J: 50th Street Retaining Wall -Guard Rail
As a guide you are looking at approximately 250 feet of. fence. For
your information (split rail):
24 line posts @ $6.49 each $155.76
2 end posts @ $6.49 each 12.98
50 - 10' rails @ $5.69 each 284.50
TOTAL (less labor) $453.24
NOTE: Pricing from Menard's through July 2, 1995
6122518760 SEH-ST CLOUD Page 1/1 Job 972 JU 3 1995
V
ME
v+o� rMrrsors • ruNNSRS r t3 5 r IFTH AVENUF. PQ 8Ux 1,1 1.' S r .r , II 'f r A rN 7u•;r7:' r 1I7 p 7:' "a}'• 4'.iO It(X.
TO: Garrison Hale
City Administrator
Albertville, MN
FROM: Peter J. Carlson, P.E.
City Engineer
DATE: June 23, 1995
RE: July 3, 1995, Council Meeting
SEH No. A-ALBEV 9501.00
I would like to discuss the following issues with the City Council on the July 3, 1995, ma:cting.
1. Barthel Drive Stone Sewer.
2. County Ditch No. 9.
3. Handrail for retaining wall along 50th Street.
The following issues have been referred to the Public Works Committee.
1. 5 l st Street maintenance.
2. Maintenance Department space needs.
3. Sand and salt storage needs.
The 51st Street maintenance issue needs to be addressed quickly. I would like to schedule a
meeting with the Committee the week of July 3, Please call me to discuss.
eau
G- W BEVNMRit\JN-23A.95
5NQRTf.LL10rT $T PAUt MN ", .y ; ti .YI hl4Or;r)N 'N1
FIENORIC<;ON !NC
AdwdwrAurd
'iaww'OEH
ENGINEERS ■ ARCHITECTS ■ PLANNERS
TO: Garrison Hale
City Administrator
Albertville, MN
MEMORANDUM
113 S. FIFTH AVENUE. PO. BOX 1717. ST. CLOUD. MN 56302-1117 612 252-4740 800 572-0617
FROM: Peter J. Carlson, P.E.
City Engineer
DATE: June 19, 1995
RE: Street Maintenance
51st Street
SEH No. A-ALBEV 9501.00
As previously reported, the seal coat in several areas along 51st Street is failing and pealing off.
In addition, the pavement is showing a significant amount of cracks due in part to the truck
traffic using 51st Street. The pavement is in need of a seal coat and, in my opinion, really
should be overlayed. I have estimated the cost of a seal coat at $8,000, and a 2-inch bituminous
overlay at $40,000. If we are going to seal coat the pavement, the work has to be complete
before September 1.
Please call if you have additional questions.
djg
c: Linda Houghton, City Clerk
Ken Lindsay, Public Works Superintendent
G: WIBEV\CORRVN-19H.95
SHORT ELLIOTT
HENDRICKSON INC. ST PAUL. MN CHIPPEWA FALLS. WI
MADISON SV1
CROW-94 PROPERTIES, INC.
100 E. Central Avenue - P.O. Box 340
St. Michael, Minnesota 55376
OFFICE: (612) 497-3035
June 26, 1995
Mayor/Councilpersons
City of Albertville
Albertville, Mn 55301
Dear Mayor and Council Members:
I am writing this letter to address the application for
processing of raw sewge from my subdivisions in St. Michael.
My first comment is that the City of St. Michael has entered
into a contract to construct a sewage treament facility
to be completed by early spring of 1996.
Hauling of raw sewage to the Albertville facility would be
for a short period of time. The homes to be constructed that
will need collection are projected to be built and occupied
this fall. The installation of these holding tanks needed to
collect the sewage are very expensive. I had serious reser-
vations as the whether I should go ahead and install tanks
or wait until next year. But after heating from the builders
and their sub contractors, I realized how many people would
be affected if I did nothing and justed waited. It has
a common concern for all subs. There are people involved in
carpentry, plumbing,heatinq, roofing, water and sewer
installation, asphalf people, furnishing of lumber and others
who receive a substantial part of their income from my
projects.
It is not often that qovernment can help keep people employed
without costing the tax payers money. This is one case where
the City of Albertville can help without cost to its
taxpayers.
Please give my application every considerations.
Ralph Munsterteiger - President
WxzEAs, ;Bernard and Judy Roden (collectively "Roden"),
Russell and Voght (eollaetively ''Voght") and Oman Brothers
property (" a M) I property cimers abutting County Highway 1.9
within the City of Albertville ("city") wish to have municipal
sanitary sawar service extended to their property; and
11f, Omann wishes to install said sanitary sewer to its
property and other�b�utting pro" ties as detailed below, with
Omann paying certafIT Construction costs; and
=zRzas, certain other property owners have agreed to pay the
angineerinq and legal costs associated with this project, as well
as the cost to extend sever froa its Currant location in the middle
of County Highway i9 west to the ditch area within the road right
of way; and
VZO22", the city bas chosen not to pursue this project under
Kinnesota Statutes Chapter 429 duo to the immediate sewer needs of
the landowners involved;
NOW, arms, the City, Voght, Roden and Omann agree as
follows:
1. The City shall extend the sanitary sewer trunk currently
located in County Highway 19 (north of Interstate Highway 94)
vest intci the flitch area but within the County road right of
way to the "beginning point" as shown on the attached Exhibit
A.
a. Omann shall install a trunk sanitary sewer, in accordance with
city specifications and as directed by the City Engineer,
connecting to the sanitary sewer unk relocated to the ditch
at "bectinni a point* as &hewn attached Exhibit A. and
extandinq noi+th approximately � feat to the "terminal
point 1" as shown on Lne ar- iAi G A • vu�aiiii �: Qii
perform all restoration work associated with the sewer
construction performed by Omann under this paragraph. All
construction and restoration work necessary to install said
sanitary sewer to "tarainal point 1* shall be paid for by
Oman at .no cost to the city.
3. If Mahn :has contracted with Voght to install sanitary sewer
abutting the Voght property, omann shall install a trunk
sanitary'sever, in accordance with City specifications, from
"terminal point 1" to *terminal point 2" as shown in the
attached Exhibit A. Omann shall perform all restoration work
associated the sewer constz-uetion performed by Omann under
this paragraph. All construction and restoration work
necessary to install said sanitary sewer from "terminal point
1" to "terminal point Z" shall be paid for by Voght (at no
eo*t to the city), with payment terms as agrQad between Omann
OZWIM sXs"=&Tsax A"BMC=T
WREREAS, Bernard and Judy Roden (collectively "Roden"),
Russell and Voght (collectively 'Voght") and Omann Brothers
property (no=* ui-wT, property awnars abutting County Highway 19
vithin the city of Aalmrtville ("city") wish to have municipal
sanitary aawar service extended to their property; and
wxzRlAs, Omann wishes to install said sanitary saver to its
property and other&pbutting properties as detailed below, with
Omann paying cartsiT construction Costs; and
wzzRz; s, certain other property owners have agreed to pay. the
engineering and legal costs associated with this project, as well
as the cost to extend sever from its currant location in the middle
of County Higliway 19 west to the ditch area within the road right
of way; and
wBERRAS, the City ban chosen not to pursue this project under
Kinnesota Statutes Chapter 429 due to the immediate sewer needs of
the landowners involved;
NOW, TEMElORS, the City, Voght, Roden and omann agree as
follows:
1. The City shall extend the sanitary sewer trunk currently
located in County Highway 19 (north of Interstate Highway. 94)
vast into the flitch area but within the county road right. of
way to the "beginning point" as shown on the attached Exhibit
A.
2. Omann shall install a trunk sanitary sewer, in accordance with
City spacifications and as directed by the City Engineer,
connecting to the sanitary sewer
� relocated to the ditch
at "beainnina point" as shown attached Exhibit A. and
aVrkandf ner nor_ th apn_ roximat&IV� I Cb M % feet to the "terminal
point I", as shown on the attehibit A. omann shall
perform all restoration work associated with the sewer
construction performed by Omann under this paragraph. .All
construction and restoration work necessary to install said
sanitary _sewer to "terminal point 1" shall be paid for by
Ozann at .no cost to the City.
3. If omahn'has contracted with Voght to install sanitary sewer
abutting the Voght property, Omann shall install a trunk
sanitary sewer, in accordance with City specifications, from
"terminax point 1* to *terminal point 2" as shown in the
attached Exhibit A. omann shall perform all restoration work
associated the sower construction performed by Omann under
this paragraph. All construction and restoration work
necessary to install said sanitary sewer from "terminal point
1" to "terminal point 1" shall be paid for by Voght (at no
cost to the city), with payment tarns as agreed between Omann
and Voght. If oaa= has not contracted with Voght to install
sanitary sever abutting the voght property, Omann shall Uave
no obligation to install said sever from "terminal point l" to
"terminal -point 2" as shown on the attached Exhibit A.
4. It sanitary sewer is extended to "terminal point 2" by virtue
of a contract between dmann and Vcght, both Voght and Roden
agree to pay all city engineering and legal Pees, as well as
all costs associated with the extension of the sanitary trunk
sewer from its currant location in county Highway 19 to'ths
"baginnir�g point" as shorn on the attached Exhibit A. All
such costs shall be allocated between Voght and Roden as
follows;' Roden"s share of said costs shall be determined by
multiplying the total of said costs described in this
paragraph by the nu*ber of linear feet of constructed sewer
which abuts Roden's property and dividing said product by: the
sum of the linear feet of constMeted sewer which Abuts the
Roden property and which abuts the Voght property; voght's
share of said oosts shall be determined by multiplying. the
total of said costs described in this paragraph by the number
of linear feet of constructed sewer which abuts Voght's
property and dividing said product by the sum of the linear
feet of constructed sewer which abuts the Roden property and
which abuts the V"ht FropertY. All such costs shall be
reimbursed to the City within days of mailing of an
invoice to Roden and Voqht.
s. If sanitary sewer is extended only to "terminal point I" as
shown on the attached Exhibit A, Roden agrees to pay all city
engixiserinq and legal fees, as well as all costs associated
with the extension of the sanitary trunk sewer from: its
current location in County Highway 19 to the "beginning paint"
as shown on the attached Exhibit A. All such costs shall be
reimbursed to the City within days of mailing of an
invoice to Roden.
Dated;
CITY OP ALSMOVILLE
Mayor
Clark
OMANN BROTHERS PROPERTY
By Its general partner
b111nIufuu StH-SI
ULUUU rage t/t JOD 92y
Jun-lv
Mon u(:5ts 1yiit
86-17-1995 12:17AM FROM
RADZWILLLAJCFFICE TO
1'70PJ2518760
P.04
JQDY AND $ERNAkD RODEN
audy Rcd&n
Bernard Roden
RUSS= AND VOMT
Vog t
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udr-j na 1 c
David Licht JJFN�
12 June 1995 A C
Moratorium/Comprehensive Plan
Albertville - R 3 xxxxoURMOM
163.05
612/595-9636
While the uncertainty of the City's financesis
andecision
understandable justification for delaying
to proceed with the Comprehensive Plan, we must be
cautious as this relates to the R-3 District moratorium
which is in effect. The City runs some legal risk if
demonstrated process on a study of the matter does not
take place in a "timely" fashion.
We raise this only as a consideration to keep in mind
as the City proceeds with its activities.
pc: Michael Couri
5775 Wayzata Boulevard, Suite 555 MINNEAPOLIS, MN 55416
WHITE - ORIGINAL YELLOW - FILE COPY PINK - C FILE
Ji
The Rutkowski's
4885 Maclver Avenue NE
St. Michael, MN 55376
612497-5443
Michael G. Rutkowski
4885 MacIver Avenue N.E.
St. Michael, MN 55376
June 20, 1995
Council Members
City of Albertville
HAND DELIVERED
RE: Return to Work
Dear Council Members:
Please be advised that my next doctor appointment is on Thursday, July 6. At that time, I'm expected to
receive a release from the doctor to return to work at 100%. Currently I am planning to return to work on
Friday, July 7, or Monday, July 10.
If you have any questions or comments, please feel free to contact me.
Sincerely,
Michael G. Rutkowski
MG/dr
Economic Development Partnership ( 0 b )
of Wright County,Inc. 10NW2n street
gBuffalo, Minnesota 55313-1193
- A non-profit private/public partnership Phone: (612) 682-7362
ACTION CO ES FOR 1995
FINANCE: S. Vergin, A. Hendrickson, J. Vrchota
MARKETING: D. I.evens, J. Bishop, D. Zylstra, D. Lahr
MANAGEMENT: C. Montzka, J. Rose, G. Janikula, C. Rudnicki
LIAISON: G. Hale, S. Bernin , O. Koropchak
1995 GOALS/TE%4E TABLES
I. TIME TABLE #1
a. Compose an Annual Report - March 15
b. Staffing
1. Job Description - March 15
2. Office, Support Resources - March 15
3. Budget - March 15
4. Retain - No later than June 1
5. Research Sources for Staff - March 15
c. Membership Renewals - March 15
U. TIME TABLE #2
a. Community Profile - 60 days after retaining staff
b. Community Visits - on going up to July 15
c. Compilation of Available Resources - 60 days after retaining staff
M. TIME TABLE #3
a. Resource Directory - 60 days after retaining staff
b. Finance/Budget - 1995 Budget from 1994 monies - April 19
c. Loan Program - April 19
d. Contributions/Grants - April 19
IV. TIME TABLE #4
a. Annual Meeting - December
b. Business Expo - October 1996
c. Business Meeting Information Membership - Jan./Feb. 1996
d. Business Retention Survey
1. Develop - September 1, 1995
2. Mail - December 1, 1995
3. Compile - February 1, 1996
• ��
Economic Development Partnership
of Wright County Inc. 1ONW2ndStreet
Buffalo, Minnesota 55313-1193
— A non-profit private/public partnership Phone: (612) 682-7362
MEMBERSHIP DUES
DUE BY JUNE 30TH, 1995
PLEASE MAKE PAYABLE TO "ECONOMIC DEVELOPMENT PARTNERSHIP"
REMIT TO: SUSAN VERGIN, TREASURER
ECONOMIC DEVELOPMENT PARTNERSHIP
P.O. BOX 278, HANOVER, MN 55341
ENTITY
DUES
WRIGHT COUNTY
$
10 cents per
capita
MUNICIPALITIES
- Under
1000
$
100.00 plus
10
cents
per
capita
1000
- 2500
$
500.00
2500
- 5000
$
500.00 plus
10
cents
per
capita
Over
5000
$
1000.00 plus
10
cents
per
capita
TOWNSHIPS
$
100.00 plus
10
cents
per
capita
UTILITY COMPANIES $ 1000.00 plus 10 cents per capita
BANKS & LENDING INSTITUTIONS $ 250.00 (Deposits up to $25 Million)
$ 500.00 (Deposits of $25 M to $50 Million)
$ 750.00 (Deposits of $50 M to $75 Million)
$ 1000.00 (Deposits over $75 Million)
HONORARY MEMBER $ 25.00
(Non -Voting - Receives mailings only)
ASSOCIATE $ 50.00
(Includes non -business, non-profit, schools and civic organizations)
BUSINESS - 1
to
4 Employees
$
75.00
5
to
10 Employees
$
100.00
11
to
20 Employees
$
150.00
21
or
More
$
200.00
* Number of employees includes active owners and management and pertains to
regular employees (over 20 hours per week). Part-time employees of 20 hours
or less to counted as 1/2 employee.
Please find your category and pay accordingly. Per capita rates are to be
based on the 1990 census for governmental units. If you have any questions
concerning your dues, they may be directed to Sue Vergin, Treasurer, at
(612) 497-3777.
If you have already paid your dues, please disregard.
THANK YOU
JUh•1=-1'+'?5 14:45 tIAC 612 555 98-"�'7 P.O=/07-
3) The planning report dated 1 June 1995, prepared by Northwest Associated Consultants, Inc.
is incorporated herein.
Dee -,pion: Based on the foregoing considerations and applicable ordinances, the applicant's request
is:
[xc] Approved, based on the most current plans and information received to date, provided that
the following conditions are met:
1. All storage of machinery and equipment is located within buildings or at the back of
the property.
?. Upon construction of Barthel Drive, Mr. Fehn agrees to eliminate his property access
onto 50th Street and utilize Barthel Drive or other approved access agreed to by the
City.
3. A drainage agreement is drafted by the City Attorney and signed by Mr. Fehn which
makes provisions for the existing drainage pond and storm water piping currently in
place upon the subject site and a temporary easement is established over the drainage
area as reviewed and approved by the City Engineer. The easement agreement shk
make provisions for the applicants use as a residential property as agreed to between
the applicant and City, but shall prohibit infringement upon or development within
said area.
4. The existing sewer line which traverses the property is shown upon the certificate of
survey which shall be filed with the Wright Countv Recorder's Office.
5. The three lots and one outlot which make up the subject property are combined at the
time Barthel Drive is completed via the minor subdivision procedures outlined in the
City's Subdivision Ordinance and the necessary right-of-way is dedicated to the City
for future upgrade of 50th Street.
6. Sale of or alteration to the Fehn property may not occur until combination of the four
parcels (as required in item five above) is recorded with the County Recorder. The
continued use of the existing Fehn home is permitted in association with the industrial
site uses until such time that the property is sold or transferred to another owner, at
which time the house must either be sold individually and subdivided off from the
other site uses/buildings, removed from the site, or converted to an industrial use
associated with the business operation-
2
JJPI-=8-1'?97- 14:-1c-7: r1AC 612 cqc 98.E7( P.]--,Q_
7. The required assessment amounts are paid upon construction of the remainder of
Barthel Drive. The assessment amount is to be determined at a later date by the City
and shall take into consideration the previous amounts assessed to I14r. Fehn for the
50th Street improvements.
8. The existing fence height is not exceeded by the storage of equipment and screen
plantings are installed along the western lot line and fence adjacent to the residential
properties.
y. A parking area is provided for the proposed office facility and site plans are submitted
showing such layout.
10. A full set of building plans is submitted to the City Staff and consultants for review
which contains ail required information as outlined herein as well as that required by
the City Building Inspector and City Engineer.
Adopted by the Albertville Planning Commission this 13tbaday of June , 1995.
City of Albertville
LO
Attest: /s/
Linda Houghton, City Clerk
/s/
Leroy Berning
Planning Commission Chairman
3
F
Northwest Associated Consultants,
AC
COMMUNITY PLANNING - DESIGN - MARKET RESEARCH
PLANNING REPORT
TO: Albertville Mayor and City Council
Albertville Planning Commission
FROM: Elizabeth Stockman / David Licht
DATE: 1 June 1995
RE: Albertville - Fehn PUD Rezoning
FILE: 163.06 - 95.02
EXECUTIVE SUMMARY
Background
Mr. Dennis Fehn has submitted plans for construction of an office building upon his property located
at the intersection of 50th Street NE (County Highway 35) and the eastern City limits (Barthel Drive
rioht-n-f--wnv) Tbi- nrnnPrty r_nncictc of thrPP v-mirnta nnrri-lc whir_b Pnrmmnncc d 1 1 nr_rPc anri is
zoned 1-2, General Industrial. Mr. Fehn's house and excavating business (multiple accessory
buildings) share the property which has driveway access onto 54th Street. Several buildings are
located on or extending over individual lot lines. Rezoning of the subject property to PUD, Planned
Unit Development is necessary to accommodate the mix of use types (residential and industrial) and
building setback deviations.
Attached for reference:
Exhibit A - Site Location
Exhibit B - Certificate of Survey
5775 Wayzata Blvd. - Suite 555 - St. Louis Park, MN 55416 • (612) 595-9636-Fax. 595-9837
Recommendation
Based on the review of Zoning and Subdivision Ordinance criteria as outlined herein, we recommend
approval of the proposed rezoning to PUD, Planned Unit Development and construction of an office
facility, provided the following conditions are met:
1. All storage of machinery and equipment is located within buildings or at the back of the
property.
2. Upon construction of Barthel Drive, Mr. Fehn agrees to eliminate his property access onto
50th Street and utilize Barthel Drive or other approved access agreed to by the City.
3. A drainage agreement is drafted by the City Attorney and signed by Mr. Fehn which makes
provisions for the existing drainage pond and storm water piping currently in place upon the
subject site and a easement is established over the drainage area as reviewed and approved
by the City Engineer. The existing sewer line which traverses the property is shown upon the
certificate of survey which shall be filed with the Wright County Recorder's Office.
4. The three lots and one oudot which make up the subject property are combined via the minor
subdivision procedures outlined in the City's Subdivision Ordinance and the necessary right-
of-way is dedicated to the City for future upgrade of 50th Street.
5. Sale of the Fehn property may not occur until combination of the four parcels is recorded
with the County Recorder. The continued use of the existing Fehn home is permitted until
such time that the property is sold or transferred to another owner, at which time the house
must be removed or converted to an industrial use associated with the business operation.
6. The required assessment amounts are paid upon construction of the remainder of Barthel
TL_ L_ .7 _._-�:�_.7 I-._- A— t—.L.- /"�:.�. —A _L..11 ...1-_
iJll�l.. 111G assesJLl1GL 1L a111Vunt 10 LV U5, UGLG1111111G11 aL a la LC.I LAaLG Vy L11V \..1Ly CUIU J11a11 La111.
into consideration the previous amounts assessed to Mr. Fehn for the 50th Street
improvements.
7. The existing fence height is not exceeded by the storage of equipment and screen plantings
are installed along the western lot line and fence adjacent to the residential properties.
8. A parking area is provided for the proposed office facility and site plans are submitted
showing such layout.
9. A full set of building plans is submitted to the City Staff and consultants for review which
contains all required information as outlined herein as well as that required by the City
Building Inspector and Engineer.
I
ISSUES ANALYSIS
Rezoning/Planned Unit Development. The property is currently zoned I-2, General Industrial and
had previously been rezoned from R-3, Single and Two -Family Residential in May of 1992 to
accommodate the Fehn's excavating business which had grown from a home -extended business
classification. The I-2 classification makes the Fehn home a non -conforming use, thus a more
appropriate zoning at that time would have been PUD, Planned Unit Development.
The PUD is being pursued at the present time for two reasons. First, to correct the inappropriate I-2
classification and secondly, to accommodate the property owners request to construct an office
building in association with the excavating operation. The PUD best accommodates the mix of land
uses and the building setback deviations present on the property which will be discussed in subsequent
sections of this report.
In consideration of the proposed rezoning, the Planning Commission and City Council shall consider
the possible adverse effects of the proposed amendment. Their judgement shall be based upon but
not limited to the following review criteria:
> The proposed action has been considered in relation to the specific policies and provisions of
and has been found to be consistent with the official City Comprehensive Plan.
> The proposed use is or will be compatible with present and future land uses of the area.
> The proposed use conforms with all performance standards within the City's Zoning
Ordinance.
> The proposed use will not tend to or actually depreciate the area in which it is proposed.
/ 111G pI VpVJGLL use can lJG a\.1.VLLLL11VLLgtl.0 Vv 11111.A1Ji1116 JJuvu%. J%,i rA.�.j uilu Sri ua ilvi v.�a vut u�.i♦
the City's service capacity.
> Traffic generated by the proposed use is within the capabilities of streets serving the property.
The Fehn property and existing/proposed land uses will be in conformance with all rezoning criteria
outlined above provided the conditions of approval as contained in the Executive Summary of the
report are met and satisfactorily adhered to. The proposed office building as well as the existing
residential and industrial uses on the Fehn site are permitted as mixed uses within the PUD District
and comply with the intent of the zoning district.
Lot Requirements and Setbacks. The following minimum setbacks shall apply to the Fehn property
under the PUD classification unless the City Council finds reason to lessen or increase such setbacks
as they find appropriate.
LOCATION
REQUIRED SETBACKS
PROPOSED SETBACKS
Front Yard
35 feet
All existing and proposed buildings
are located greater than 35 feet from
Barthel Drive right-of-way and 50th
Street NE.
Side Yards
10 feet
The closest building to either the
north or the west property line has a
setback of 15 feet.
Back of Curb
15 feet
All existing and proposed on -site
structures exceed this requirement.
Between Buildings
No building within the project shall
The building heights of existing and
be nearer to another building less
proposed buildings have not been
than'/z the sum of the two building
verified.
heights.
All building setbacks exceed the minimum requirements outlined above, however, the building heights
of all existing and proposed structures and distance between buildings needs to be verified.
Measurements should be submitted by the applicant to the City for review as a condition of project
approval.
Lot Combination. As mentioned previously, the subject property is comprised of three separate lots.
The three lots should be combined with Outlot B to create a single parcel and to dedicate the
necessary right-of-way to Wright County for future 50th Street improvements. This process will also
eliminate the non -conforming setbacks of buildings which lie too close to or over interior lot lines.
The City's Subdivision Ordinance allows for approval of such lot consolidations through a minor
subdivision process which can be done administratively without formal review by the City Council.
It is recommended that this process be required at such time as Barthel Drive is constructed. A
1..GLL111G 1LG VL JUL VC,y 111UJL VL: aUVLLL1LLl.l1 VV1L1b Ll JLIV "0 Lill, LLl LJ ".3 U J11LE.1L. t/L •Vy ILIA LL Aa VV 1L.5..4
description.
Building Plans. Construction plans required for office building details have not yet been received.
Floor plans and exterior elevations will be required as a condition of project approval for review by
the City Planner and Building Inspector.
Storm Sewer. A public storm sewer line and ponding area which is part of the City's storm water
management plan is located upon the Fehn property. An easement should be established over this
area as reviewed and approved by the City Engineer and should be shown on revised plans.
Additionally, a drainage agreement should be prepared by the City Attorney and City Engineer to be
signed by the property owner.
Parking/Access. An area for off-street parking is required in association with the proposed office
building. The minimum requirement for office buildings is 3 spaces plus 1 space for each 200 square
feet of floor area. The parking area must be paved and striped to accommodate one handicapped
An
space. The stall dimensions shall be 8 1/2 x 20 for regular stalls and 13 x 20 for the handicapped stall -
Driveway access to the Fehn site is currently off of 50th Street. Upon completion of Barthel Drive,
Mr. Fehn has agreed to eliminate the existing access and instead gain access off of Barthel Drive
under an arrangement approved by the City Engineer at the time of the change. Mr. Fehn is aware
that his property is subject to assessments from Frankfort Township at the time Barthel Drive is
constructed.
Storage. Currently, several machines and other equipment is stored adjacent to the entrance drive
along the eastern property line. To improve the appearance of the site and eliminate the need for
additional screening in this location, Mr. Fehn has agreed to store the machines and equipment toward
the back of the site, either within or behind existing buildings. Additionally, the existing fence height
should not be exceeded by the storage of equipment and screen plantings are installed along the
western lot line and fence adjacent to the residential properties.
Screening. As a condition of project approval, and to meet the Zoning Ordinance requirements,
additional fencing and screening should be provided along the bordering residential properties, but
particularly along the west property line. Mr. Fehn is amenable to this and should provide the City
with some indication of exactly what will occur.
Residence. The existing home upon the subject property will be permitted as long as Mr. Fehn or
members of his family retain ownership of the site. Upon the sale or transfer of property, the home
must be relocated off the site or converted to a facility related to the industrial excavating operation.
CONCLUSION
The proposed rezoning of the Fehn property to PUD, Planned Unit Development, and construction
,. f ..1 %'z 4...;r ...� . MVC ..L.... gcs ♦0 21e, .h,ert Property to F.nct nni-rmmnrinty tiro
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existing property owner needs in the short term while at the same time promoting conversion of the
site to a strictly industrial use in the long term. Furthermore, the Fehn's long term standing in the
community, excellent property maintenance, and obvious concern for neighbors give an indication
that the mix of uses are compatible as shown on submitted plans. We recommend approval of the
project subject to conditions as outlined in the Executive Summary of this report.
PC: Gary Hale
Kevin Mealhouse
Pete Carlson
Mike Couri
Dennis Fehn
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EXHIBIT B
MEYER-ROHLIN, INC. fC7 LJ O
ENGINEERS -LAND SURVEYORS 1111 Hwy. 25 N., Buffalo, Minn.55313 Phone 612-682-1781 F ;::7
June 22, 1995
City of Albertville
c/o Linda Houghton, Clerk
PO Box 131
Albertville, MN 55301
RE: Parkside Utilities and Street
Albertville, Minnesota
Honorable Mayor and City Council:
The contractor for the above -referenced project has requested
partial payment for work completed to date. See the attached
payment recommendation to the developer. Since the developer is
making payment to the contractor with a portion of the letter of
credit deposited with the City to guarantee completion of the
project, the City must therefore approve a reduction in the
letter of credit. The amount of the reduction is as follows:
Reduction = (partial payment - [change orders x 95%)) x 57% _
($31,019.83 - [$8597.80 x 95%]) x 57% = $13,025.59
The reason that the change order work has been factored out in
the reduction calculation is that it is not included in the
letter of credit deposited with the City.
Since the work performed by the contractor reflected by this
amount has been completed, we recommend that Kenco Construction,
Inc.'s letter of credit be reduced by $13,025.59.
If you should have any questions, please do not hesitate to
contact me.
Sincerely,
MEYER-ROHLIN, INC.
Ronald Geurts
Project Engineer
cc: Kenco
Latour Construction, Inc.
File S-93124
Thore P. Meyer, Professional Engineer Robert Rohlin, Licensed Land Surveyor
MEYER-ROHLIN, INC.
ENGINEERS -LAND SURVEYORS 1111 Hwy. 25 N., Buffalo, Minn.55313 Phone 612- 682-1781
June 22, 1995
Mr. Kent Roessler
Kenco
13736 NE Johnson Street
Ham Lake, MN 55304
RE: PARKSIDE UTILITIES & STREET
Albertville, Minnesota
Partial Payment Request No. 7
Dear Mr. Roessler:
The contractor for the above -referenced project has requested partial
payment for work completed to date. The standard 5% retainage has been
reduced to 1% since the only outstanding item to be completed is the
wear course. The contract was extended to meet with the City's
request; however, the contractor requested a retainage reduction due
to the extension.
BID "A" SANITARY SEWER
Item
Bid
Inst.
No.
Item
Qty.
Qty.
Unit
Unit Price
Total Price
1.
8"
PVC,
(8-10')
2523
2127
l.f.
$
14.40
$30,628.80
2.
8"
PVC
(10-121)
882
1250
l.f.
$
15.50
$19,375.00
3.
10"
PVC
(10-121)
549
528
l.f.
$
16.80
$
8,870.40
4.
10"
PVC
(12-141)
130
140
l.f.
$
17.90
$
2,506.00
5.
10"
PVC
(14-16')
180
201
l.f.
$
20.10
$
4,040.10
6.
10"
PVC
(16-18')
257
263
l.f.
$
22.30
$
5,864.90
7.
10"
PVC
(18-201)
204
162
l.f.
$
24.50
$
3,969.00
8.
12"
PVC
(10-12')
223
279
l.f.
$
18.40
$
5,133.60
9.
12"
PVC
(12-141)
641
508
l.f.
$
19.50
$
9,906.00
10.
12"
PVC
(14-16')
42
130
l.f.
$
21.70
$
2,821.00
11.
12"
PVC
(16-181)
32
19
l.f.
$
23.90
$
454.10
Thore P. Meyer, Professional Engineer Robert Rohlin, Licensed Land Surveyor
12.
12" PVC (18-20')
28
48
l.f.
$
26.00
$
1,248.00
13.
12" PVC (20-22')
62
81
l.f.
$
30.50
$
2,470.50
14.
Manhole, 48" dia.
(0-81)
25
25
each
$1138.00
$28,450.00
15.
Manhole 48" dia.
extra depth
112
117.18
l.f.
$
74.00
$
8,671.32
16.
Manhole outside
drop section
2
2
l.f.
$
950.00
$
1,900.00
17.
Manhole outside
drop section
extra depth
3.3
6.72
l.f.
$
47.00
$
315.84
18.
8" PVC cap
1
1
each
$
15.00
$
15.00
19.
Remove 12" PVC cap
& connect to exist-
ing 12" PVC
1
1
each
$
410.00
$
410.00
20.
12" PVC cap
1
3
each
$
37.00
$
111.00
21.
Sewer service
connections
108
108
each
$
46.00
$
4,968.00
22.
4" PVC, SDR 26
.
service pipe
4810
5196
l.f.
$
6.90
$35,852.40
23.
Density tests
280
166
each
$
19.60
$
3,253.60
24.
Submersible pump
lift station
100%
100%
l.s.
$24720.00
$24,720.00
25.
Electrical for lift
station
100%
100%
l.s.
$9900.00
$
9,900.00
26.
Remove 4" plug &
connect to existing
4" PVC forcemain
1
1
each
$
360.00
$
360.00
27.
4" PVC
42
42
l.f.
$
10.00
$
420.00
28.
4" 900 DIP bend
2
2
each
$
56.00
$
112.00
29.
4" x 4" x 4"
DIP tee
1
1
each
$
81.00
$
81.00
30.
4" gate valve,
valve box and
riser
2
2
each
$
265.00
$
530.00
31.
Crushed rock
50
65.14
C.Y.
$
12.00
$
781.68
TOTAL
BID "A"
$218.139.24
ALTERNATE BID "B" WATERMAIN
1.
6" PVC, C-900
1618
1481
l.f.
$
8.40
$12,440.40
2.
8" PVC, C-900
3517
3493
l.f.
$
10.20
$35,628.60
3.
12" PVC, C-900
578
591
l.f.
$
15.40
$
9,101.40
4.
6" x 6" x 6"
DIP tee
2
5
each
$
130.00
S
650.00
5.
8" X 811 x 6"
DIP tee
10
8
each
$
170.00
$
1,360.00
6.
8" x 81' x 8"
DIP tee
2
0
each
$
185.00
S
0.00
7.
1211 x 12" x 6"
DIP tee
1
1
each
$
270.00
$
270.00
8.
12" x 12" x 8"
DIP tee
1
1
each
$
290.00
$
290.00
9.
8" x 8" x 6" x 6"
DIP cross
1
1
each
S
198.00
$
198.00
10.
6" 2220 DIP bend
3
2
each
$
99.00
$
198.00
11.
6" 450 DIP bend
2
2
each
S
99.00
$
198.00
12.
8" 1110 DIP bend
14
6
each
$
145.00
$
870.00
13.
8" 222o DIP bend
1
6
each
$
150.00
S
900.00
14.
6" resilient seat
gaze valve, valve
box 8 riser
19
19
each
S
300.00
S
5,700.00
15.
8" resilient seat
gate valve, valve
box 8 riser
9
9
each
$
420.00
$
3,780.00
16.
12" resilient seat
gate valve, valve
box S riser
1
1
each
$
730.00
$
730.00
17.
Hydrants
12
12
each
$1585.00
$19,020.00
18.
Remove S reuse
6" plug
1
1
each
$
330.00
$
330.00
19.
Remove 8 reuse
8" plug
1
1
each
$
330.00
S
330.00
20. Remove & reuse
12" plug
1
1
each
$
330.00
$ 330.00
21.
Remove & reuse
hydrant
1
1
each
$
560.00
$ 560.00
22.
Remove 6 salvage
existing 8" x 6"
reducer 6 6" DIP
1
1
each
$
330.00
$ 330.00
23.
Water service
connection
108
108
each
$
117.00
$12,636.00
24.
1" copper service
pipe
4340
4438
l.f.
$
6.20
$27,515.60
25.
Bacteriological
test
7
7
each
$
31.50
$ 220.50
26.
Crushed rock
50
0
C.Y.
$
12.00
$ 0.00
27.
Density tests
285
153
each
$
19.60
$ 2,998.80
28.
Raise valve box
16
0
each
$
82.00
$ 0.00
TOTAL
ALTERNATE
BID
"B"
$136,585.30
BID
"C" STORM SEWER
1.
Remove 42" RCP apron
S connect to
42" RCP
1
1
each
$
165.00
$ 165.00
2.
48" Arch RCP,
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3.
48" Arch RCP apron
w/galvanized trash
guard
1
1
each
$1215.00
$ 1,215.00
4.
42" RCP, CL. III
(0-81)
122
124
l.f.
$
70.60
$ 8,754.40
S.
36" RCP, CL. III
266
254
l.f.
$
45.60
$11,582.40
6.
36" RCP apron
w/galvanized trash
guard
1
1
each
$1065.00
$ 1,065.00
7.
27" RCP, CL. III
(0-81)
520
517
l.f.
$
30.80
$15,923.60
8.
21" RCP, CL. III
(0-81)
219
182
l.f.
$
23.70
$ 4,313.40
9. 18" RCP, CL. III
(0-81)
230
229
l.f.
$ 21.60
$
4,946.40
10.
15" RCP, CL. III
(0-8')
555
550
l.f.
$ 20.00
$11,000.00
11.
12" RCP, CL. III
(0-8')
70
68
l.f.
$ 18.60
$
1,264.80
12.
Catch basin, 102"
dia. (0-51)
1
1
each
$3485.00
$
3,485.00
13.
Catch basin, 102"
dia. extra depth
0.7
0.7
l.f.
$ 340.00
$
238.00
14.
Catch basin, 96"
dia.
(0-5')
1
1
each
$2860.00
$
2,860.00
15.
Catch basin, 96"
dia. extra depth
1.2
1.2
l.f.
$ 290.00
$
348.00
16.
Catch basin, 84"
dia. (0-51)
1
1
each
$2335.00
$
2,335.00
17.
Catch basin, 84"
dia. extra depth
0.6
0.6
l.f.
$ 230.00
$
138.00
18.
Catch basin, 72"
dia. (0-5')
5
5
each
$1780.00
$
8,900.00
19.
Catch basin, 72"
dia. extra depth
2.9
2.9
l.f.
$ 165.00
$
478.50
20.
Catch basin, 60"
a;.,
u14•
21.
Catch basin, 48"
dia. (0-51)
15
15
each
$1025.00
$15,375.00
22.
Catch basin, 48"
dia. extra depth
1.3
1
l.f.
$ 82.00
$
82.00
23.
Catch basin, 30"
dia. (0-5')
1
1
each
$ 655.00
$
655.00
24.
Catch basin, 27"
dia.
(0-51)
2
2
each
$ 700.00
$
1,400.00
25.
15" RCP apron
2
2
each
$ 280.00
$
560.00
26.
Random rip -rap
CL. IV
33.3
33.3
C.Y.
$ 34.00
$
1,132.20
27.
Filter blanket
16.7
16.7
C.Y.
$ 7.80
$
130.26
28. Crushed rock 400 25 C.Y. $ 12.00 $ 300.00
29. Density tests 103 12 each $ 19.60 $ 235.20
TOTAL BID "C" $154,770.16
BID "D" STREETS
1. Grading, right turn
lane, CSAH 37 ROW
100%
1
l.s.
$9450.00
$ 9,450.00
2.
Subgrade
preparation
22496
21474
S.Y.
$
0.48
$10,307.52
3.
Aggregate base placed
class 5 (CV)
9749
10357
C.Y.
$
10.20
$105,641.40
4.
Surmountable concrete
curb & gutter
9490
9404
l.f.
$
5.25
$49,371.00
5.
Type 31 base
course mixture
30708
30000
sy-in
$
1.34
$40,200.00
6.
Type 41 wear
course mixture
29942
7963
sy-in
$
1.44
$11,466.72
7.
Seeding, mulching
fertilizing and
disk anchoring
0.3
0.3
acres
$1260.00
$ 378.00
8.
4" concrete flume
2
2
each
$
330.00
$ 660.00
9.
Sod
200
0
S.Y.
$
2.10
$ 0.00
10.
Ditch block
1
1
each
$
220.00
$ 220.00
11.
Permanent
barricades
48
48
l.f.
$
31.50
$ 1,512.00
12.
Street sign
(complete)
2
2
each
$
168.00
$ 336.00
13.
Random rip -rap
Cl. II
4.5
4.4
C.Y.
$
37.00
$ 162.80
14.
Adjust manhole
23
23
each
$
155.00
$ 3,795.00
15.
Adjust gate valves
15
15
each
$
82.50
$ 1,237.50
16.
Density tests
45
9
each
$
19.60
$ 176.40
TOTAL
BID "D"
$234i914.34
EXTRA WORK
1. Geotextile filter
fabric
0
7546
s.y.
$
1.23
$
9,281.58
2.
Common excavation(EV)
0
1505
c.y.
$
2.25
$
3,386.25
3.
4" insulation
0
80
s.f.
$
1.60
$
128.00
4.
Motorola Pager
0
1
l.s.
$
4,160.00
$
4,160.00
5.
Raise manhole
in swamp
0
1
l.s.
$
1,520.00
$
1,520.00
6.
6" DIP sleeve
(materials)
0
1
each
$
37.50
$
37.50
7.
6" 450 DIP bends
(materials)
0
4
each
$
76.50
$
306.00
8.
6" PVC, C-900
(materials)
0
14
l.f.
$
3.24
$
45.36
9.
Adjust watermain to
avoid sanitary
0
1.5
hour
$
480.00
$
720.00
10.
Extend ex. RCP for
turn lane
0
100%
l.s.
$
642.00
$
642.00
11.
Moved culvert in farmer's
dwy for turn lane
0
100%
l.s.
$
860.00
$
860.00
12.
Manhole diamonds
0
0
each
$
65.63
$
0.00
13.
Gate valve
diamonds
0
0
each
$
42.00
$
0.00
TOTAL
EXTRA
WORK
$21,086.69
TOTAL WORK
COMPLETED TO
DATE
$775,495.73
LESS 1%
RETAINAGE
$
7,754.96
LESS PREVIOUS PAYMENTS
$736,720.94
PARTIAL
PAYMENT
NO. 7
$
31,019.83
The original bid amount for this project was $810,860.07. The total of
all work completed to date is 96% of the original bid amount. We
therefore recommend Partial Payment No. 7 be made to Latour
Construction Inc., 2134 Co. Rd. 8 NW, Maple Lake, MN 55358, in the
amount of $31,019.83.
If you have any questions, please do not hesitate to contact me.
Sincerely,
MEYER-ROHL N, INC.
Ronald earls
Project Engineer
cc: S-93124
Latour Construction Inc.
Ob-=7-1?5 O_:OOPM FROM rAD WILLLHWOFFICF TO 45 Z
MEMCPAMUM
TO: GARY IUALEI CITY ADMINISTRATOR
FROM: MIRE Co=
SUBJECT: NE14 LEGISLATION IMPOSING 60-DAY APPROVAL DEADLINE
DATE: JUNE 27, 1995
The 1995 Legislature passed a new law requiring an expedited
processing of matters involving zoning, septic systems, license or
"other governmental approval of an action." This language is
extremely broad, and can arguably be applied to any governmental
approval. The law applies to all state agencies, counties, cities,
towns, schools, Met Council and any other political subdivisions of
the state.
A11 "zoning related" requests and "other governmental
approval" must be decided within 60 days of the submission of an
application. If no decision within 60 days, the request is deemed
approved.
A letter requesting additional information (as required by law
or ordinance) must be sent out within 10 days in order to keep the
60 day time approval from beginning. The City must specify what
information is :Hissing in order to toll the 60 day requirement.
Once the applicant submits all ordinance -required information the
r_n 1 V V ..1 V V Gl IlJG_.. 11_111111 b{ V11 tha bl. _t4G ILl11G iuL11 1raI:
Z.J Ia-�4J Vl.V a
becomes complete.
The City must affirmatively send a response to the applicant
within 60 days, preferably by certified mail, return receipt
requested, regardless of whether the applicant attended the council
meeting where the final decision was made. Even if the request is
approved, the City should send a confirming letter, or any
conditions of approval will not be valid.
If the Citv denies the request, it must state in writing the
reasons for the denial at the time that it denies the request. This
means that the City must have proposed findings of fact prepared
for all zoning (and preferably subdivision matters) before the
Council considers the matter. At the Council meeting, the Council
rust adopt the findings of fact to accompany its decision, and
these findings must then be sent to the applicant.
If prior approval of a federal or state agency is required
prior to the City being able to grant approval, the City must act
within 60 days after the required federal or state approval is
granted.
OE-27-1995 02:01PM FROM RAD2WILLLHWCFFICE TO 49772100 P.0 ZZ
The City can extend the initial 60-day period by giving
written notice to the applicant, stating the reasons for the
extension and the anticipated length of the extension. In no case
can the extension exceed 60 days. (Maximum processing time = 120
days, but only if notice is properly sent).
This new legislation is effective for all "written requests"
received after July 1, 1995. Note that if a written request is not
on a proper application form, the City must notify the applicant
within 10 days that it must fill out the fr. or: Even hand drawn
maps should be deemed a "written request" and an adequate response
by the City should be delivered.
The Citv must check all of its ordinances to make sure that
the information the city would like from an applicant is contained
in the ordinance. If it is not, the city may not be able to
require the applicant to submit such information.
While the new law clearly applies to written requests
"relating to zoning," it appears to apply to subdivision
regulations as well. In -addition, many zoning requests are linked
to subdivision requests such that if a requested rezoning is
denied, the subdivision cannot occur. As a result, it is our
recommendation that subdivision requests be treated according to
the time frame required under this new legislation. It appears
that the law will also apply to conditional use permits, PuDs,
variances and other zoning -related issues. Applications for these
items should be addressed within the 60 day time span discussed
above.
Because the Cit7_ has only 10 days to notify the applicant that
more information is needed, the City should immediately send all
relevant application information to the City Planner and Engineer
for an initial review. If more information is needed, the Planner
and/or Engineer will have to tell the City very quickly so that the
City can request (via letter) specific information within the ten
day period.
The City Building Inspector must notify all applicants for
building permits in writing within 10 days if the building permit
application is incomplete or if additional information is needed,
and all applications should be approved or denied in writing (with
stated reasons for denial) within 60 days.
The City should review all cf its licensing matters which
require City Council approval. Because the law applies to "other
governmental approval of an action," any issues which require
Council approval should be examined and a determination made as to
whether the new law would apply.
The likely result of the law will be to require applicants to
provide a significant amount of completed information (at great
expense) at the beginning of the process and before the applicant
has a feel for whether his request will be approved. Because the
06-27-1'=95 02:01FM FROM RADZWILLLAWOFFICE TO
49172100 F.04
City must issue a decision within 60 days (or 120 days if
extended), there is much less time for the City to work with the
applicant before a final decision is made. In addition, the law is
not clear as to whether a change by the developer (i.e. elimination
of a lot in a proposed subdivision) resets the 60 day time period
and requires a new application. This may lead to multiple
applications for certain projects. In order to avoid this, it is
conceivable that the applicant can waive his right (in writing, on
a City approved fora) to a 60 day decision and request that the
City proceed based upon the information submitted, with the
understanding that as the concept goes through the staff and
planning commission, the applicant may make changes to the design
without resubmitting a new application.
A copy of the legislation, which is an amendment to Minnesota
Statutes 515.99 is attached for your review. Please feel free to
contact me with any questions you may have.
cc: Liz Stockman
Kevin Mealhouse
Pete Carlson
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o5/22/95 25
DF_.DLIb7E :O AGENCY 'ACTiO!,
Section 1. (15.951 [TIYZ DE:LLINZ FOR :.G£NCY ACTION. J
Subdivision 1 (Dr= INI?-T_C;N l ?or . p(Iroo:as of. this SeCtior.,
"aaenCy" :Weans a decartment, ac�encv, ooard, _Qim'aission, or Oth3:
croua in the executive branch o=7 state <jover ..ent; a statutor,+
or hone rule charter city, coum��, town, cr school district; ar.••
metrocolitan aaencv or er.city; and any other political
subdivision o= t`te state
subd. 2. FOR ?r`=PoNSc. Excezz as otherwise
provided in :his section and nozwichstandina any other law to
the contrary, an agency must or deny ui.chin 60 days a
written request relating to zones rq, septic systems, or expa::sia
of the :tetromol:tan urbam+ service area for a oermit, license, o:
other Governmental arrcroval of ar, action. Failure of an agency
to deny a reovest with" 60 daps is apgrovai of the request. I_
an aaencv denies the request, i ' must state in writing the
reasons for the denial at the ti=a that it denies the request.
subd.: s . i �>rLii:�:i'iOc# ; :.�•iciSlvivS . j i a i ne t.«e x.caz t �
subdivision 2 begins upon the acency`s receipt of a written
request containing all information required' by law or by a
previously adopted rule, ordinance, or policy oi_the agercy. If
an aaencv receives A writter. recmest that does not contain all
required information, the 60-day limit starts over only if the
acencv SSncts not=ee within ten business days of receipt of the '
request telling the requester vt- t i^formation is missing.
(bl if an action relating to zonin5j,'sz2tic systems, or
expansion of the metropolitan urban service area requires the
approval of more than'one state zgercy ir. the executive branch,
the 60-day period in subdivision _2 'oe4ins to run for all
executive, branch agencies onthe day a request contai nina all
required information is received by one state a enc . The
agency receivinc the request mLs-_ forward copies to other state
agencies whose aroroval.is reg•vired
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vz/ c:/:— -= cz a.m,
(c) An agency res0-nse :Beets the 60-daT. time 11-it if the
acencv can document that the resoonse Was sent w thin 60 days of
:eceint of the Written recuest•
(d) The time limit in subdivision 2 is extended if a state
statute, federal law, C_ C our; =Ge: recu_t e �eS 2 DrOC 53 t0 OCCLr
before the agency acts on the rec%!estt and the time Doeriods
orescriD=d in the state statute, federal law, or court Order
crake it imoossible to ac: on the request within 60 days.. In
cases described in this paracraoh, the deadline is extended to
60 days after 61
e !as'- arocess reauired in the
aoolicable statute, law, or order. Final anDroval of z?1 agency
receivina a reeuest is not conslda-ed a process for :fur= ses of
this paragravh.
(e) The time limit In subdivisior. 2 is extended if: (1) -
relues`. subm-ttBA to a SrZte acencv rec-aires prior aooroQal of a
federal agency; or (2) an app icat-ion -submitted to a czb-7,
county, town, school diSta �•.Ct, metropolitan Or regional entity,
or other pOiitical subdivi5 ion requires -orior aonroval of a
.w c:i u uyz —c1. — ---------
the deadline !or avency action is extended to 60 days after the
recuired prior approval is granted.
If) An agency may extend the timeline under this
subdivision before the end of the initial 60—day period by
nroviding written notice of tie extension, to the ,aplicant. The
notif-cation must state the reasons for the e:ctension and its
antic_nated length, which may not exceed 60 days unless approved
.�y the woolicant.
Sec. 2. ( EFFECTIVE DA 2Z. l
Section 1 is effective July 1, 1995, and applies to any
Written request submitted after that date.
J�w
Article 18 Section 1